[1581/10/120]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the three estates of this present parliament, ratifies, approves and confirms the act of pacification underwritten, made, given and granted to Alexander, lord Home, son lawful and apparent heir to the late Alexander [Home], lord Home, that last deceased, of the which the tenor follows:
In the parliament held at the castle of Stirling, within the great hall thereof, on 25 July 1578, 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, has given and granted and, by the tenor of this present act, gives and grants to Alexander, lord Home, son lawful and apparent heir to the late Alexander, lord Home, who last deceased, the like favour, grace and the benefit of pacification made at Perth on 23 February 1572 [1573], and ratified and approved in his highness's parliament, held at Edinburgh in April 1573, and wills the same be as amply extended in his favour in all respects, conditions, clause and circumstances thereof as the said the late Alexander, lord Home, had been expressly comprehended and contained therein. As also his highness, with advice aforesaid, wills and grants that the said pacification be most amply interpreted and extended to him 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 retreat, likewise our said sovereign lord and estates aforesaid, by this act, retracts and rescinds the process of forfeiture led against the said late Alexander, lord Home, for certain crimes and treason and lese-majesty committed by him, and to restore and renew as his highness, with advice aforesaid, restores and renews the said Alexander, lord Home, son and apparent heir aforesaid, against the same, 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, after the form and tenor of the said pacification, which, and every clause thereof, is herein held expressly, and ordains this present act to be extended in competent and due form as is appropriate, restoring fully the memory, honour and fame of the said late Alexander Home in the person of the said Alexander Home, his son and apparent heir, likewise our sovereign lord and three estates of parliament rehabilitate and restore the said Alexander thereto, and find and declare him able to enter and succeed as heir of the said late Alexander, lord Home, by brieves of our sovereign lord's chapel and otherwise, to all lands, heritages, possessions, rooms, tacks, offices and others to the which the said late Alexander, lord Home, had right, notwithstanding the said process of forfeiture or any other thing following thereupon, providing always that our sovereign lord be in no way prejudiced of the ward and marriage of the said Alexander, nor of the whole profits and commodities thereof, and likewise that all the provisions of benefices, parsonages, vicarages, chaplainries and prebendaries pertaining to the said Lord Home's presentation and provided by our sovereign lord and regent to whatsoever persons since the leading of the said forfeiture of the said late Alexander, lord Home, standing to the present possessors thereof in full form, force, strength and effect; notwithstanding this present restitution and benefit, providing always that in case the said late lord's father be culpable of the murders of [Henry Stewart, lord Darnley], our sovereign lord's late father, and [James Stewart, earl of Moray and Matthew Stewart, earl of Lennox], his two regents, that then and in that case the benefit of this present act and restitution, now as then and then as now, to have been of no value, force nor effect in all points, clauses and articles specified therein, after the form and tenor thereof (excepting that part and clause thereof bearing this provision: that all the provisions of benefices, parsonages, vicarages, chaplainries and prebendaries pertaining to the said Lord Home's presentation and provided by our sovereign lord and his highness's regent to whatsoever persons since the leading of the said forfeiture of the said late Alexander, lord Home, stand to the present possessors thereof in full form, force and effect, notwithstanding the said restitution and benefit), which clause our said sovereign lord, with advice of his said three estates of this present parliament, decrees and declares to be secluded and not to be comprehended in the said ratification above-expressed, likewise and in the same manner as if the same were left out thereof, so that the said Alexander, now lord Home, may possess and enjoy and of new grant, give and convey all provisions of benefices, parsonages, vicarages, chaplainries and prebendaries pertaining to his said late father's presentation and provided by our said sovereign lord and his regent to whatsoever persons since the leading of the said forfeiture upon the said late Alexander, lord Home, notwithstanding the said clause and provision contained in the said ratification of the date above-written, likewise and in the same manner as the said provision had not been contained therein.
[1581/10/121]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the three estates of this present parliament, ratifies, approves and confirms of new the act of parliament and benefit of pacification granted and given of before to John, now Lord Fleming, son and heir of the late John [Fleming], lord Fleming, that last deceased, of the date at Edinburgh, 11 November 1579, in all points, passes, clauses and articles specified therein, after the form and tenor thereof, excepting that part of the aforesaid pacification bearing this provision: that the heritable disposition of the lands of Edmonstone to the late James [Douglas], sometime earl of Morton, be not comprehended under the aforesaid pacification; which clause our said sovereign lord, with advice aforesaid, decrees and declares to be secluded and not to be comprehended in the said first act of pacification above-expressed, likewise and in the same manner as if the same were left out thereof, so that the said John, now lord Fleming, may possess and enjoy the said lands of Edmonstone, according to his predecessors' infeftments, and this present act and benefit of pacification thereupon, for repossessing of him thereto, likewise and in the same manner as if no provision nor exception had been made in the said first act of ratification concerning the said lands of Edmonstone, and as if the said provision and exception had not been contained in the said first act of the date above-written, and ordains letters to be directed hereupon, if need be, in the appropriate form.
[1581/10/122]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, of his special grace, with advice and consent of the three estates of this present parliament, and upon weighty and good considerations tending to the establishing of peace and quietness and to the universal obedience of his highness's authority within this realm, has given and granted and, by the tenor hereof, gives and grants to John Fleming of Boghall the like favour, grace and benefit of pacification so that he may possess and enjoy the privileges and conditions that are contained in the pacification made and accorded upon at the burgh of Perth, on 23 February 1572 [1573], and declares the same pacification to be as largely and favourably extended and interpreted in favour of the said John Fleming for the surety of him, his life, lands and heritages and possessions, or as if he had been specially nominated and comprehended in the said pacification, or as if the whole articles, clauses and conditions of the said pacification were herein expressly specified. And for his better security, our said sovereign lord, with advice aforesaid, has ratified, approved and, by the tenor hereof, ratifies and approves the aforesaid pacification given and granted to the aforesaid John Fleming of Boghall 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 same pacification to him in all sorts, as the same is extended to any other person of before, obtainer of the like, providing always that the same extend not to the murders of [Henry Stewart, lord Darnley], our sovereign lord's father, and [James Stewart, earl of Moray and Matthew Stewart, earl of Lennox], his two regents, nor the crimes of witchcraft and incest, but by this act specially and expressly forbids the same, and ordains the lords of council to direct letters hereupon, if need be, in the appropriate form.
[1581/10/123]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, of his special grace, with advice and consent of the three estates of this present parliament, and upon weighty and good considerations tending to the establishing of peace and quietness and universal obedience of his highness's authority within this realm, has given and granted and, by the tenor hereof, gives and grants to John Mossman, burgess of Edinburgh, eldest lawful son to the late James Mossman, goldsmith of the said burgh, the like favour, grace and benefit of pacification, so that he may possess and enjoy the like privilege and conditions as are contained in the pacification made and accorded upon at the burgh of Perth on 23 February 1572 [1573], ratified and approved since in parliament in April 1573, and declares the same pacification to be as largely and favourably extended and interpreted in favour of the said John, for the security of him, his life, lands, goods, heritages, rooms and possessions, so that he may possess and enjoy the same with all privileges and commodities likewise and in the same manner as his said late father might have done before his decease, and restores and rehabilitates and makes the said John as lawful to enter by brieves of our sovereign lord's chapel to all lands, rooms and possessions which his said late father had of before, or whereunto he may or ought to succeed as heir to his said late father; given and conveyed to whatsoever person or persons through process and doom of forfeiture led against the said the late James, his father, as if he and his said late father had been specially nominated and comprehended in the said pacification, or as if the whole articles, clauses and conditions thereof were herein expressly specified. And for his better security, [our said sovereign]† lord, with advice aforesaid, has ratified and approved and, by the tenor hereof, ratifies and approves the aforesaid pacification given and granted to the said John Mossman, in manner above-written, in all forms, after the form and tenor thereof, and declares the same to have full effect, strength and force in time coming, notwithstanding the forfeiture led against the said late father, likewise and as freely in all sorts and respects as if the said late father had not been forfeited, and extends the same pacification to the said John, as the same is extended to any other person of before, obtainer of the like benefit, providing always that the same extend not to the murders of [Henry Stewart, lord Darnley], our sovereign lord's dearest father, and [James Stewart, earl of Moray and Matthew Stewart, earl of Lennox], his two regents, nor to the crimes of witchcraft and incest, but by this act specially and expressly excepts the same, and ordains the lords of council to direct letters hereupon, if need be, in the appropriate form.
[1581/10/124]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice of the three estates of this present parliament, of his special grace, and upon weighty and good considerations tending to the establishing of peace and quietness and universal obedience of his highness's authority within this realm, has given and granted and, by the tenor hereof, gives and grants to James Cockie, son lawful to the late James Cockie, goldsmith, burgess of Edinburgh, the like favour, grace and benefit of pacification made and concluded upon at the burgh of Perth on 23 February 1572 [1573], and ratified and approved in his highness's parliament held at Edinburgh thereafter in 1573, and wills the same pacification to be as largely and favourably extended in the favour of the said James Cockie, for the surety of him, his life, lands, honours, heritages, rooms and possessions which pertained to his late father, so that he may possess and enjoy the same with all privileges and qualities thereof, and restores, rehabilitates and makes the said James as lawful to enter by brieves of our sovereign lord's chapel to all lands, rooms and possessions which his said late father had of before, or any part of the same made or given to whatsoever person or persons through process and doom of forfeiture led against the late James, his father, for any crimes committed by him in the common cause during the time contained in the said pacification, so that he may succeed as heir to him as if he and his said late father had been specially nominated and comprehended in the said pacification and not forfeited, or as if the whole articles and conditions thereof were herein expressly mentioned. And for his better security, our said sovereign lord, with advice aforesaid, has ratified and approved and, by the tenor hereof, ratifies and approves the aforesaid pacification given and granted to the said James, in manner above-written, in all points, after the form and tenor thereof, and declares the same to have full effect and force in time coming, and the same benefit to be extended as largely in favour of the said James as is, or may be, extended to any person or persons, obtainers of the like benefit, of before, providing always that the same extend not to the murders of [Henry Stewart, lord Darnley], our sovereign lord's father, and [James Stewart, earl of Moray and Matthew Stewart, earl of Lennox], his two regents, witchcraft and incest, but by this act specially and expressly excepts the same, and ordains letters to be directed hereupon, if need be, in the appropriate form.
[1581/10/125]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the three estates of this present parliament, of his grace, and upon weighty and good considerations tending to the establishing of peace and quietness and universal obedience of his highness's authority within this realm, has given and granted and, by the tenor hereof, gives and grants to William Newton of that Ilk the like favour and benefit of the pacification made and granted at the burgh of Perth on 23 February 1572 [1573], and ratified and confirmed in his highness's parliament held since at Edinburgh in April 1573, and wills the same pacification to be as largely and favourably extended in the favour of the said William for the surety of him, his life, lands and possessing of his living, honours, heritages, offices, goods and gear as if he had been specially nominated and comprehended in the said pacification or as if the whole articles, clauses and conditions thereof were herein expressly nominated. And for his better security, our said sovereign lord, with advice aforesaid, has ratified and approved and, by the tenor hereof, ratifies and approves the benefit of pacification granted to the said William in manner above-written, in all points, after the form and tenor thereof, and declares the same to have full effect and force in time coming, providing always that the same extend not to the murders of [Henry Stewart, lord Darnley], our sovereign lord's father, and [James Stewart, earl of Moray and Matthew Stewart, earl of Lennox], his two regents, witchcraft and incest, which are altogether excepted, but by this act specially and expressly excepts the same, and ordains the lords of council to direct letters hereupon, if need be, in the appropriate form.
[1581/10/126]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice of the three estates of this present parliament, of his special grace, and upon weighty and good considerations tending to the establishing of peace and quietness and universal obedience of his highness's authority within this realm, by the tenor hereof, gives and grants to Isobel and Alison Dalziel, lawful daughters of James Dalziel, burgess of Edinburgh, the like favour, grace and benefit of pacification, so that they may possess the privilege and conditions as are at length contained in the pacification made and accorded upon at the burgh of Perth on 23 February 1572 [1573], and ratified and approved since in his highness's parliament held at Edinburgh in April 1573, and declares the same pacification to be as largely and favourably extended and interpreted in the favour of the said Isobel and Alison Dalziel, for the surety of them, their lives, lands, heritages, rooms and possessions, honours, livings and others of their goods as if they had been specially nominated and comprehended therein, or as if the whole articles, clauses and conditions thereof were herein expressly specified. And for their better security, our said sovereign lord, with advice and consent aforesaid, ratified and approved and, by the tenor hereof, ratifies and approves the aforesaid benefit of pacification given and granted to the said Isobel and Alison Dalziel as is 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, notwithstanding the forfeiture led against the said late James, their father, likewise and as freely in all respects as if their said late father had not been forfeited, and extends the same pacification to the said Isobel and Alison, daughters aforesaid, as the same is extended to any other person or persons, obtainers of the like benefits, providing always that the same extend not to the murders of [Henry Stewart, lord Darnley], our sovereign lord's father, and [James Stewart, earl of Moray and Matthew Stewart, earl of Lennox], his two regents, with the crimes of witchcraft and incest, and also without prejudice of the ministers' rights which they have to the glebe and manse of St Cuthbert's kirk beside the castle of Edinburgh, but by this act specially and expressly excepts the same, and ordains the lords of council to direct letters hereupon, if need be, in the appropriate form.
[1581/10/127]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, of his special grace, with advice and consent of the three estates of this present parliament, and upon weighty and good considerations tending to the establishing of peace and quietness and universal obedience of his highness's authority within this realm, has given and granted and, by the tenor hereof, gives and grants to John Forman, Rothesay herald, the like favour, grace and benefit of pacification, so that he may possess and enjoy the privilege and conditions as are contained in the pacification made and accorded upon at the burgh of Perth on 23 February 1572 [1573], and since ratified and approved in his highness's parliament held at Edinburgh in April 1573, and declares the same pacification to be as largely and favourably extended and interpreted in favour of the said John Forman, for the surety of his life and possessing of his living, honours, offices, specially his said office of Rothesay herald, and others his goods and possessions, as if he had been specially nominated and comprehended therein, or as if the whole articles, clauses and conditions of the said pacification were herein expressly specified. And for his better security, our said sovereign lord, with advice aforesaid, ratified, approved and, by the tenor hereof, ratifies and approves the aforesaid benefit of pacification given and granted to the said John as is above-written, in all points, after the form and tenor thereof; and declares the same to have full effect, strength and force in time coming, and extends the same pacification to him as the same is extended to any other of before, obtainer of the like benefit, providing always that the same extend not to the murders of [Henry Stewart, lord Darnley], our sovereign lord's father, and [James Stewart, earl of Moray and Matthew Stewart, earl of Lennox], his two regents, nor to the crime of witchcraft and incest, but that the same shall be specially and expressly excepted, and ordains letters to be directed hereupon by the lords of council, if need be, in the appropriate form.
[1581/10/128]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, of his special grace, with advice and consent of the three estates of this present parliament, and upon good and weighty considerations tending to the establishing of peace and quietness and universal obedience of his highness's authority within this realm, has given and granted and, by the tenor hereof, gives and grants to Cuthbert Ramsay, brother-german to the late George Ramsay of Dalhousie, the like favour, grace and benefit of pacification, so that he may possess and enjoy the privilege and conditions as are contained in the pacification made and accorded upon at Perth on 23 February 1572 [1573], and since ratified and approved in his highness's parliament held at Edinburgh in April 1573, and declares the same pacification to be as largely and favourably extended and interpreted in favour of the said Cuthbert, for the surety of his life and possessing of his living, honours, offices and others his goods and possessions, as if he had been specially nominated and comprehended therein, or as if the whole articles, clauses and conditions of the said pacification were herein expressed. And for his better security, our said sovereign lord, with advice aforesaid, ratified and approved and, by the tenor hereof, ratifies and approves the aforesaid benefit of pacification given and granted to the said Cuthbert in manner above-expressed, in all points thereof, after the tenor and form of the same, and declares the same to have full strength, force and effect in time coming, and extends the said pacification to him as the same is extended of before to any other person or persons, obtainers of the like benefit, providing always that the same extend not to the murders of [Henry Stewart, lord Darnley], our sovereign lord's father, and [James Stewart, earl of Moray and Matthew Stewart, earl of Lennox], his two regents, witchcraft and incest, but that the same be specially and expressly excepted, and ordains the lords of council to direct letters hereupon, if need be, in the appropriate form.
[1581/10/129]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, of his special grace, with advice and consent of the three estates of this present parliament, for weighty and good considerations tending to the establishing of peace and quietness and universal obedience of his highness's authority within this realm, has given and granted to William Melville, burgess of Edinburgh, the like favour, grace and benefit of pacification made and accorded upon at the burgh of Perth on 23 February 1572 [1573], and ratified and approved since in his highness's parliament in April 1573, and declares the same pacification to be as largely and favourably extended and interpreted in the favour of the said William, for the surety of him and possessing of his living, honours, offices, rooms and possessions, as if he had been specially nominated and comprehended therein, or as if the whole articles, clauses and conditions thereof were herein expressly specified. And for his better security, our said sovereign lord, with advice aforesaid, has ratified and approved and, by the tenor hereof, ratifies and approves the aforesaid benefit of pacification given and granted to the said William in manner above-expressed, 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 same pacification to him as the same is extended of before to any other person or persons, obtainers of the like benefit; providing always that the same be not extended to the murders of [Henry Stewart, lord Darnley], our sovereign lord's dearest father, and [James Stewart, earl of Moray and Matthew Stewart, earl of Lennox], his two regents, nor to the crimes of witchcraft and incest, but that the same be specially and expressly excepted, and ordains the lords of council to be directed hereupon, if need be, in the appropriate form.
[1581/10/130]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, of his special grace, with advice and consent of the three estates of this present parliament, for weighty and good considerations tending to the establishing of peace and quietness and universal obedience of his highness's authority within this realm, has given and granted and, by the tenor hereof, gives and grants to Master John Cramond the like grace and benefit of pacification so that he may possess and enjoy the privileges and conditions specified in the pacification made and accorded upon at the burgh of Perth on 23 February 1572 [1573], and since ratified and approved in his highness's parliament held at Edinburgh in April 1573, and declares the said pacification to be as largely and favourably extended and interpreted in favour of the said Master John, for the surety of his life and possessing of his living, honours, offices, rooms and possessions, as if he had been specially nominated and comprehended therein, or as if the said articles, clauses and conditions of the same pacification were herein expressly specified and contained. And for his better security, our said sovereign lord, with advice and consent thereof, has ratified and approved and, by the tenor hereof, ratifies and approves the aforesaid benefit of pacification given and granted to the said Master John Cramond 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 same pacification to him in all respects as the same is extended to any other person or persons, obtainer of before of the like benefit, providing always that the same extend not to the murders of [Henry Stewart, lord Darnley], our sovereign lord's father, and [James Stewart, earl of Moray and Matthew Stewart, earl of Lennox], his two regents, nor to the crimes of witchcraft and incest, but by this act specially and expressly excepts the same, and ordains letters to be directed hereupon by the lords of council, if need be, in the appropriate form.
[1581/10/131]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, of his special grace, with advice of the three estates of this present parliament, and upon weighty and good considerations tending to the establishing of peace and quietness and universal obedience of his highness's authority within this realm, has given and granted and, by the tenor hereof, gives and grants to Patrick Thomson, apothecary, burgess of Edinburgh, the like favour, grace and benefit of pacification, so that he may possess and enjoy the like privilege and conditions as are contained in the pacification made and accorded upon at Perth on 23 February 1572 [1573], and ratified and approved since in his highness's parliament held at Edinburgh in April 1573, and declares the same pacification to be as largely and favourably extended and interpreted in favour of the said Patrick, for the surety of him, his life and possessing of his lands and goods, etc., as if he had been specially nominated and comprehended therein, or as if the whole articles, clauses and conditions of the same pacification were herein specially expressed. And for his better security, our said sovereign lord, with advice aforesaid, has ratified and approved and, by the tenor hereof, ratifies and approves the aforesaid pacification given and granted to the said Patrick Thomson 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 same pacification to him in all respects as the same is extended to any other person of before, obtainer of the like, providing always that the same extend not to the murders of [Henry Stewart, lord Darnley], our sovereign lord's [father], and two regents, the earls [James Stewart, earl of] Moray and [Matthew Stewart, earl of] Lennox, nor to the crimes of witchcraft and incest, but by this act specially and expressly excepts the same. And further, our said sovereign lord, with advice aforesaid, decrees and declares that, notwithstanding of the said benefit of pacification granted and presently confirmed by his highness to the said Patrick, yet the same shall take no further effect nor execution for entering or repossessing of the said Patrick to the house and tenement of land lying within the burgh of Edinburgh which pertained to his late father and now possessed by Janet Adamson, widow of the late Master James MacGill of Nether Rankeilour, clerk register, nor shall be contained in the decreet arbitral to be pronounced thereupon that by James Adamson, James Ross and Alexander Uddard, burgess of Edinburgh, chosen for the part of the said Janet and Master James MacGill, now of Nether Rankeilour, his son, and Robert Kerr, younger, Henry Charteris, burgess of the said burgh, and Master John Keane, writer, chosen for the part of the said Patrick, and of Sir Robert Melville of Murdocairnie, knight, as arbitrator and oversman to whom it is presently submitted. And to the effect the said decreet shall be pronounced, and that both the parties may be the more diligent to cause their arbitrators convene to that effect on 8 December 1581, in the kirk of Edinburgh, it is statute and ordained that if the default of the convening of the said arbitrators be in default of the said Patrick, he shall lose the benefit of the aforesaid pacification, so far as it may be extended to his restitution to the said tenement; and in case it be in default of the said Janet and Master James, her son, in that case the said Patrick's restitution shall be full and absolute in his favour without respect of their satisfaction; and ordains letters to be directed hereupon, if need be, in the appropriate form.
[1581/10/132]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, of his special grace, with advice and consent of the three estates of this present [parliament],† for weighty and good considerations tending to the establishing of peace and quietness and universal obedience of his highness's authority within this realm, has given and granted and, by the tenor hereof, gives and grants to the said Adam MacCulloch, burgess of Edinburgh, the like favour, grace and benefit of pacification, so that he may possess and enjoy the privileges and conditions contained in the pacification made and accorded upon at the burgh of Perth on 23 February 1572 [1573], and since ratified and approved the same in his highness's parliament held at Edinburgh in April 1573, and declares the same pacification to be as largely and favourably extended and interpreted in favour of the said Adam MacCulloch, for surety of him, his life and possessing of his honours, offices and liberties, as if he had been specially nominated and comprehended therein, or as if the whole articles, clauses and conditions of the said pacification were herein expressly specified. And for his better security, our said sovereign lord, with advice aforesaid, has ratified and approved and, by the tenor hereof, ratifies and approves the aforesaid pacification given and granted to the said Adam MacCulloch 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 same pacification to him as the same is extended to any other person of before, obtainer of the like, providing always that the same be not extended to the murders of [Henry Stewart, lord Darnley], our sovereign lord's father, and [James Stewart, earl of Moray and Matthew Stewart, earl of Lennox], his two regents, nor to the crimes of witchcraft and incest, but by this act specially and expressly excepts the same; and also providing that the giving of this present pacification and confirmation thereof in no way hurt nor prejudice Gilbert Guthrie, now Marchmont herald, concerning the possessing of the office thereof during his lifetime, according to the said Adam MacCulloch's renunciation and discharge following, subscribed with his hand, of the which the tenor follows:
I, Adam MacCulloch, sometime Marchmont herald, now Orkney herald, by the tenor hereof, is content and consent that in the pacification to be granted to me by our sovereign lord at this present parliament there shall be specially reserved and excepted the office of Marchmont herald, which was conveyed by my forfeiture in the late troubles to Gilbert Guthrie, now Marchmont herald, during all the days of his lifetime, without prejudice of the rest of the benefits of the said pacification and of the first ordinary place to be given to me that shall happen to become vacant; renouncing and discharging all right, title, interest and kindness which I have or may have to the said office of Marchmont herald during the said Gilbert's lifetime in his favour by this act, subscribed with my hand at Edinburgh on 16 November 1581, before these witnesses: Robert Menzies of Pitfodels, provost of Aberdeen, Master Thomas Menzies of Durne, Alexander Hay, burgess of Aberdeen, William Henderson, constable depute and William MacCartney, writer. It is thus subscribed, Adam MacCulloch, Orkney herald, with my hand.