Act in favour of Schir Williame Stewart, lait capitane of Dunbartane

Oure soverane lord, with advise of the thrie estaitis of this present parliament, ratefeis and apprevis the gift maid to Schir Williame Stewart of Caverstoun, knycht, anent custodie and keiping of the castell of Dunbartane during the tyme of the said Schir Williamis capitanrie, quhairof the tennour followis:

James, be the grace of God, king of Scottis, to the lordis of our counsall and sessioun and all utheris our subdittis and liegis quhome it effeiris, quhais knawledge thir oure lettres sall cum, greting. Wit ye us, haifing perfyte knawlege be guid pruif and experience that our castell of Dunbartane, being commitit to the chairge and custodie of Schir Williame Stewart of Caverstoun, knycht, hes bene faithfullie, suirlie and diligentlie keipit be him and that he hes done trew and thankfull service and dewtie to his majestie in keiping thairof sen the first committing of the custodie of the same to his charge, but ony reproche or offence to be laid to his chairge in onywayis thairanent, and alsua his heines and the saidis lordis of his privie counsall acknawlege and confesses that Johnne, lord Hammyltoun, in our name and be our warrand, hes ressavit fra the said Schir William our said castell and all and sindrie munitioun and uther thingis quhatsumevir ressavit be him thairin at the first ressait thairof or thaireftir in his tyme in any wayis pertening to us, thairfoir, we and the saidis lordis of our privie counsell, be the tennour heirof, exoneris, quitclamis and dischairgis the said Schir William, for him self, his deputtis, servandis, airis, executoris and assignais, of thair intromissioun with our said castell, munitionis and utheris thingis quhatsumevir ressavit be him in tymes bygane befoir the dait heirof; and siclyk we and the lordis of our secreit counsall, be the tennour heirof, declairis that the said Schir William, nor nane of his servitouris and officiaris in our said castell, hes committit ony cryme or offence quhatsumevir that ony wayis may be laid to thair or ony of thair chairgis for neglecting of thair office and dewatie in keiping of our said castell, munitionis, service, prisoneris and uther thingis quhatsumevir committit to his keiping thairin, or for nonfullfilling of ony chairgis or command gevin to him or ony of his foirsaidis be us or ony uther haifand our power in tyme bygane; and thairfoir we advise foirsaid, quitclamis and dischairgis the said Schir William and his foirsaidis thairof, and sall nevir move, clame or persew actioun or caus aganis him or ony of his thairfoir in tyme cuming, bot renuncis for us and our successouris all instance and actioun that had, hes or may haif aganis him or ony of his for the same for now and evir, and takis thame in his majesteis firme peace, supple, mantenance, defence and saulfgairde in bodeis, landis, possessionis and guidis be thir presentis. Attour, we, perfytlie understanding of the lang faithfull service done to his hienes and his umquhill darrest father be the said Schir Williame, not only in keiping of our said castell sen his entrie to the charge thairof, having bestowit upoun the beting and reparatioun of the wallis and houses of the samyn castell and ordinance within the same, and for certane uther necessar occasionis knawin to us, baith his awin propir money and that quhilk he procurit on his credit and tuik on his landis, being drevin thairthrow in greit debt, and now wanting the commoditie of his awin leving, thrallit be occasionis forsaidis, and that quhilk was gevin him for ane rewaird being restorit to the auncient possessour, now ressavit to our favour and obedience, and sa now wanting in effect rewaird or recompance according to his trew and honest deserving eftir sa lang tyme spent; thairfoir, we, nawayis willing that he sall be utterlie unprovydit for at this present quhill bettir occasioun serve to rewaird him, nethir yit that he sall want help and moyen to releif him of his dettis contractit in our name and service, and throw occasioun thairof hes provydit him to ane yeirlie pensioun furth of the thirdis of benefices quhill he may be provydit utherwayis and be rewairdit be the first casualiteis that sallhappin to vaik that may be ane sufficient and condigne recompanse for the samyn; as alsua willis and declairis that the said Schir William, his airis and assignais sall brouk and injoy the rycht and possessioun maid to him be umquhill his darrest cousing Esme, duik of Lennox, erll of Dernlie, lord Terboltoun, Dalkeyth and Aubigne, of sic landis, teindis and possessiounis quhairof he had titill and become in possessioun in his lyf, be vertew of our soverane lordis infeftmentis or giftis as fallin in eschet be him selff or the said Schir William in his name, quhilkis rychtis, titillis and possessioun we will and grantis and, for us and our successouris, decernis and declairis to stand in effect and to be valiable and sufficient titillis for bruiking of the same landis, teindis and possessionis as thay war possessit be thair authouris, fra quhome thair rychtis and possessionis proceidit to the said umquhill duik and the said Schir William and thair airis and assignayis and on nawayis to be impugnit or querrellit during the minoritie and les aige of Lewis, now duik of Lennox, notwithstanding ony our revocatiounis, restitutiounis and rehabilitatiounis grantit or to be grantit be us to quhatsumevir persoun or personis of the saidis landis, teindis and possessionis or ony pairt thairof; out of the quhilkis we declair the landis, teindis and possessionis disponit to the said umquhill Duik of Lennox, notwithstanding ony our revocatiounis, restitutionis and rehabilitatiounis grantit and to be grantit be us to quhatsumevir persoun or personis of the saidis landis, teindis and possessiounis or ony pairt thairof, out of the quhilkis we declair the landis, teindis and possessiounis disponit to the said umquhill Duik of Lennox, and be him to the said Schir William, quhairof he become in possessioun, as said is, to be speciallie exceptit and reservit, declarand all fewis, takkis or uther pretendit titillis and dispositiounis quhatsumevir maid or to be maid that may appeir contrarious or prejudiciall to the same to be null, invalide and ineffectuall, quhairevir thay be producit in jugement or outwith, dischairging his hienes thesaurer and his depuit, present and to cum, of all granting or passing of confirmatioun upoun ony takkis, fewis or rentallis maid or to be maid upoun the landis, teindis or possessiounis to the hinder or prejudice of the said Lodovik, now duik of Lennox, or the said Schir William; quhilk lettre we will and ordane to be ratefeit and apprevit in our nixt parliament; gevin under our privie seill at Lynlythgw, the xxv day of November, the yeir of God jM vC fourscoir fyve yeiris, and of our regnne the nyntene yeir.

  1. NAS, PA2/13, ff.55v-56r. Back
  2. 'P.' written in margin. Back
  3. APS reads 'we with'. Back
  4. Sic. Should be Ludovic. Back