[1581/10/116]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the three estates of this present parliament, for diverse considerations moving them tending to the quietness of this realm, universal obedience of his highness to be followed and obeyed, has given and granted and, by the tenor hereof, gives and grants the benefit and liberty of pacification to the late William Kirkcaldy of Grange, knight, made and concluded at Perth on 23 February 1572 [1573] and ratified and approved thereafter in parliament in the month of April 1573, and wills the same to be as amply extended in favour of the said late Sir William and to his male heirs and provision as to his heirs of line in all respects, conditions, clauses and circumstances thereof as if he had been specially comprehended therein, and also as if he were now alive, and likewise, with advice aforesaid, wills and grants that the said pacification be most amply interpreted and extended to the said late Sir William now, as if he were alive in this mortal life, and to his apparent heirs, as well male tailzie as of line, in their own rank and respects to succeed to him by provision, or otherwise their heirs and successors in all clauses thereof, as said is; and specially that this present act of parliament, according to the said pacification, be sufficient to rescind and retract, likewise our said sovereign lord, with advice of the three estates aforesaid, by this act, rescinds and retracts the process and doom of forfeiture led and deduced against the said late William, in the month of [...] the year of God [...] years, for certain crimes of treason committed by him, as at more length is contained in the process and doom of forfeiture led thereupon, and restores and reintegrates the apparent heirs to succeed to the said late Sir William, by provision or otherwise, their heirs and successors whatsoever, likewise and as freely in all respects as if the said process of forfeiture had never been led and doom of forfeiture had never been given nor pronounced against him, after the form and tenor of the said pacification, which, and every point, clause and article thereof, is herein held as specially expressed; and further ordains this present act to be extended largely in competent and due form as is appropriate, restoring fully the memory, honour and fame of the said late Sir William in the person of his apparent heirs, to succeed to him by provision or otherwise, their heirs and successors, likewise our said sovereign lord and three estates aforesaid rehabilitate and restore them thereto, and find and declare them able to enter and succeed as male heir or heirs, of tailzie as of line, to the said late Sir William by brieves of our sovereign lord's chapel and otherwise to all lands, rooms, possessions, tacks, offices and others to the which the said the late Sir William had right, notwithstanding the said process of forfeiture or any other thing following thereupon; and, for their better security, our said sovereign lord, with advice of the said three estates of this present parliament, has ratified and approved and, by the tenor hereof, ratifies and approves the aforesaid benefit of pacification given and granted to the said late Sir William Kirkcaldy of Grange, knight, now as he were in this mortal life and to his said apparent heirs to succeed to him by provision or otherwise, their heirs and successors, in manner above-written in all points, after the form and tenor thereof, and declares the same to have full strength, force and effect in time coming, and extends the said pacification to them in all sorts as the same is extended or may be extended to any other person of before, obtainer of the like benefit, providing always that the same in no way be extended to the odious murders of [Henry Stewart, lord Darnley], our sovereign lord's dearest father, and two regents, the earls [James Stewart, earl of] Moray and [Matthew Stewart, earl of] Lennox, witchcraft and incest, which is utterly excepted, providing in like manner that the granting of the aforesaid benefit of pacification in no way hurt nor prejudice Robert Scott, writer, concerning the sum of £1,000 money owing to him by the late Sir William Kirkcaldy of Grange, knight, according to his obligation of the date the [...] day of October 1571, for the which sum the said the late Sir William laid in pledge to the said Robert a garnishing, circled about with pearls, rubies and diamonds, pertaining to [Mary], our sovereign lord's dearest mother, which pledge the said Robert was compelled to deliver to the late James [Douglas], sometime earl of Morton, regent to our sovereign lord for the time, who, at his demission of his government to our said sovereign lord, delivered the said garnishing to his highness's commissioner's depute for reserving of his jewels, ammunition and other goods and gear being in the castle of Edinburgh, with the said castle, where the same yet remains with the rest of the jewels, but that the heirs whatsoever, both of line, tailzie or provision, or other persons whatsoever succeeding to the said the late Master William's lands and heritage, by whatsoever right, title or provision or any part thereof, be debt bound in the said sum, pay and deliver the same to the said Robert, his heirs, executors and assignees really and with effect before they obtain any commodity or profit of the said benefit of pacification; and therefore our said sovereign lord, with advice aforesaid, decrees, declares and ordains that the effect of the said pacification shall cease and be suspended in the persons of the heirs of provision, line, tailzie and other successors whatsoever that shall happen to succeed, be served, retoured or known [by] whatsoever right of the said the late Sir William's lands and heritage for repossessing of them thereto, or to whatsoever his other rooms, possessions, bailiaries or offices until the said Robert be completely paid of the said sum; discharging also the lords of council and session expressly by this act of granting of any letters to the said heirs or others to that effect in the meantime. And because it was clearly tried by our sovereign lord and lords of secret council that the said late Sir William borrowed and received from Alexander Clerk of Balbirnie, now provost of Edinburgh, the sum of £2,600 money of this realm, and for sure payment thereof delivered to the said Alexander certain pledges, which the said Alexander was compelled to deliver to our said sovereign lord and treasurer, which thereafter were put in our sovereign lord's coffers, as at more length is contained in an act of our sovereign lord's secret council of the date at Holyroodhouse, 3 July 1581, by the which our said sovereign lord, with advice of the lords of secret council, took upon his highness that the said Alexander should be satisfied of the said sum with the readiest of the said the late Sir William's lands and heritage through his forfeiture coming in our said sovereign lord's hands, or by the heirs of the said the late Sir William in case they, at any time, should happen be restored; therefore our said sovereign lord, with advice of his said three estates in parliament, now having taken full cognition in the said matter, ratifies and approves the said act of secret council of the date aforesaid in all points, articles and clauses thereof, and also have, by the tenor of this act, provided and provide the heirs and successor of the said late Sir William, of line and tailzie and others succeeding to his lands and heritage by whatsoever title or provision, which are now restored in this present parliament as said is, shall be simply obliged to the said Alexander, his heirs, executors and assignees for payment of the said sum of 2,600 merks money aforesaid, without any exception to be proposed in the contrary. Also our said sovereign lord, with advice of his three estates, has declared and declares that the said benefit of pacification now granted to the heirs and successors of the said Sir William is, and shall be, annexed to the condition of thankful payment of the said sum of 2,600 merks to the said Alexander Clerk, his heirs and assignees, by the heirs of line and tailzie and successor to the said late Sir William's lands and heritages by whatsoever right, title or provision, and also decrees and declares that the effect of the said pacification shall cease and be suspended in the person of the heirs of line and of tailzie and other successors to the said late Sir William, and discharges the lords of secret council and session to grant any letters for repossessing of them in their lands, heritages, rooms and possessions until the said Alexander be completely paid of the said sum as said is. And also because the said sum was lent money as said is, our said sovereign lord, with advice aforesaid, ordains letters of horning or poinding at the pleasure of the said Alexander to be directed against the heirs and successors aforesaid of the said late Sir William, now restored, for compelling of them to make payment to the said Alexander thereof if need be, and ordains letters to be directed hereupon to the effects respectively above-written, if need be, in the appropriate form.