[1584/5/36]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice of his three estates of parliament, remembering that by the ordinance made by his highness and lords of privy council at Stirling immediately after the recovering thereof, it was ordained that no signature of infeftment, confirmation or right of any lands whereby his majesty might be interested should be expedited without advice of his secret council sitting, and that Adam Hepburn of Ballinhard has obtained a confirmation of the infeftment of feu ferm made to him by the late Patrick [Hepburn], bishop of Moray, commendator of the abbey of Scone for the time, of all and whole the lands of Durdies and others contained therein, lying within the regality of Scone and sheriffdom of Perth, which are one part of the lands lately annexed to the earldom of Gowrie, now coming in his majesty's hands by process and doom of forfeiture orderly led against late William [Ruthven], sometime earl of Gowrie, lord Ruthven and Dirleton, which confirmation his highness and three estates aforesaid have considered to be purchased contrary to the form and tenor of the said ordinance and to the great prejudice and hurt of our sovereign lord; and therefore his majesty, with advice of his highness's three estates, decrees and declares the said confirmation, with all that followed or may follow thereupon, to be null and of no value.
[1584/5/37]*[print] [email] [cite] [preceding] [following]
Concerning the supplication presented to the king's majesty and his three estates by Master Robert Montgomery, making mention that where he, having faithfully travailed in the ministry of the evangel since the reformation of the religion and being a pastor almost the space of 22 years past, it pleased our sovereign lord graciously to bestow upon the said Master Robert the archbishopric of Glasgow, then vacant by decease of the late Master James Boyd of good memory, at the which time the said Master Robert, humbly craving of the ministers, his fellow labourers, to have obtained their consent and agreement thereto, according to his highness's laws, not only was delayed in that point contrary to equity and justice, but likewise was in a pretended manner excommunicated by Master John Davidson, minister at Liberton kirk, by a pretended alleged commission from the general assembly to that effect; after that, his majesty, with advice of the lords of his highness's secret council, by an express act, the parties having interest being called, compearing and their reasons and allegations heard and considered, discharged the pretended presbyteries of Edinburgh, Linlithgow and Dalkeith and all other presbyteries, elderships, general and synodal assemblies of all proceeding against the said Master Robert for alleged aspiring of the said bishopric of Glasgow or troubling or pursuing of his brethren for the same or for any promise made by him concerning that or any other thing depending thereupon in time bygone and of their offices in that part; and albeit these years past the said Master Robert has made most earnest and humble suit to the said general assembly to have been absolved from the aforesaid pretended sentence, yet would he not at any time be heard, for what cause he is ignorant; therefore his majesty and three estates, being assembled as the sovereign judgement of his estate, and the special comfort and relief to the afflicted and oppressed has most humbly supplied to take consideration of his piteous complaint, and specially when beside all good order used in any reformed estate or by any warrant of the word of God he was in pretended manner aforesaid excommunicated, albeit in very deed the said Master John Davidson did at no time admonish the said Master Robert to amend or repair any offence committed by him against the law of God and his holy commandments, with the breaking whereof he was no way charged by the said ministry, but only upon a pretended act of the general assembly, whereby the estate of bishops is by them in their pretended manner declared unlawful, to the which, because the said Master Robert would not subscribe and renounce our sovereign lord's benefice bestowed upon him, he was at that time so wrongfully entreated, the which he suffered with the greater patience because our said sovereign lord and his most honourable privy council were at that same very time charged in a presumptuous manner by certain pretended commissions, as from the kirk, that his highness should not in any time coming appoint any bishops to bear rule or charge in the kirk or commonwealth, threatening the same sentence against his highness and council which was pretendedly executed against the said Master Robert, which sentence albeit he had justly deserved by his stubborn disobedience as he hopes, in God's mercies, never to do, yet good order would have required that after diverse admonitions he should had been denounced at his own parish kirk where he dwells and not in a furtive manner at the parish kirk of Liberton, whereof he could have no knowledge to provide any lawful or godly remedy thereof; and seeing the sentence of excommunication is most fearful and terrible and by his highness's laws men thereby debarred from all civil society and benefit of his highness's laws, it appertains chiefly to his princely care to see that the same be not abused to serve the indiscreet appetite of any men under what colour or pretext so ever; in respect whereof, falling down most humbly at the feet of his majesty's clemency and wisdom of his three estates, craving that by gracious consideration of the truth he may be relieved and freed from the said pretended sentence and declared by his majesty and his estates capable of some benefice as he, of his gracious goodness, pleases to bestow upon him, likewise at more length is contained in the said supplication. Our sovereign lord and his three estates, after mature deliberation of the contents thereof, decree and declare that his majesty and privy council proceeded orderly in commanding the censure of the ministers upon the said Master Robert to be stayed during his highness's will, for sundry great and weighty considerations moving him, according to the said act of secret council; and since the estate of bishops is established now of new in this present parliament, it is found and declared by our sovereign lord and his estates that the excommunication deduced against the said Master Robert, in contempt of our sovereign lord's aforesaid act of council, is null and of no value, force nor effect, and that he may possess all honours, dignities and benefices as if the same had never been done. Always to take away all excuse, it is statute and ordained that the bishops and commissioners to be appointed by his majesty for deprivation of any unworthy in the charge shall try the said Master Robert in all other things that may be laid to his charge; as also it is ordained and statute that as his majesty's council did in this matter, so shall his highness, his successors and privy council hereafter have power to stay and suspend the decreets of any judgements inflicting pain and punishment, as well ecclesiastical as temporal, for a certain space, upon special causes known to him and his aforesaid privy council.
[1584/5/38]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the three estates of this present parliament, 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 his well beloved cousin John, lord Fleming, 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]; and has declared the same pacification to be as largely and favourably extended and interpreted in favour of the said lord, for surety of himself, his life, lands, heritage and possessions, or as if he had been specially nominated or comprehended therein, or as if the whole articles, clauses, and conditions of the same pacification were expressly specified therein; therefore, our said sovereign lord, with advice of his said three estates, has ratified, confirmed and approved and, by the tenor hereof, ratifies, approves and confirms the aforesaid pacification given and granted to the said John, lord Fleming, in manner above-written, after the form and tenor thereof, and decrees the same to have full strength, force and effect in all time coming; and further declares the same pacification to be extended as largely and favourably to the said lord as to any other persons, obtainers of the like benefit, of before, in any of our sovereign lord's parliaments preceding, to the effect the said lord may obtain and get likewise possession, right and title to all lands, heritage, tacks, steadings, rooms, possessions, teinds, and other whatsoever tacks which pertained to the late John [Fleming], sometime lord Fleming, his father, at the field of Carberry Hill, as if he had never been forfeited of before; and ordains the lords of council to direct letters to that effect in the appropriate form.
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Our sovereign lord, for diverse and good considerations moving his highness tending to the quietness of his realm and universal obedience thereof, has given and granted and, by the tenor hereof, gives and grants to Sir John Maitland of Thirlestane, knight, his highness's secretary, the like favour, grace, privilege and benefit of pacification concluded at Perth on 23 February 1572 [1573] and ratified and approved in parliament held at Edinburgh in April 1573, and wills the same be as amply extended†in his favour in all respects, conditions, clauses, circumstances and privileges thereof as if the said Sir John had been expressly comprehended therein; and also we will and grant that the same pacification be most amply interpreted and extended to him in all clauses thereof that may tend to his security, notwithstanding of any restriction or limitation comprehended therein, and specially that the same be sufficient to rescind, retract, abrogate and annul, likewise his majesty by this act retreats, abrogates and annuls the process and doom of forfeiture led and pronounced against the said Sir John for whatsoever crimes of whatsoever weight, committed, done or assisted by him in any sort, and to restore and reintegrate the said Sir John 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 nor pronounced against him; and wills and grants that this act be as sufficient and viable in all respects as if every clause of the said pacification had been herein contained and expressly comprehended, which his majesty holds herein for expressed, fully rehabilitating, reintegrating and restoring the said Sir John to his same honour, heritage, offices, rooms, tacks and possessions whatsoever, the priory and benefice of Coldingham only excepted, remitting and for his highness and his successors freely forgiving all crimes, transgressions and offences of whatsoever weight, lese-majesty and others committed, perpetrated, done or assisted to by him from June 1567 to November 1574, providing always that this act be not extended to the murders of [Henry Stewart, lord Darnley], the king's father, and [James Stewart, earl of Moray and Matthew Stewart, earl of Lennox], his two regents.
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Our sovereign lord, with advice and consent of the three estates of this present parliament, 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 to Marie Fleming, widow of the late William Maitland, younger, of Lethington, secretary to our sovereign lord, James Maitland, their son, and the remainder of the said late William's bairns, and each one of them, to have, possess and enjoy the same and like favour, grace and privilege and condition as is contained in the pacification made and accorded upon at Perth on 23 February 1572 [1573], and ratified and approved since in parliament, as at more length is contained in the said pacification; therefore, our said sovereign lord, with advice and consent of his said three estates, has ratified and approved and, by the tenor hereof, ratifies and approves the said pacification made and granted to the said Marie, her said son and remaining persons in all points, after the form and tenor thereof, and declares the same pacification and ratification thereof aforesaid to be as largely and favourably extended and observed to them and each one of them in all respects as if the said late William or they had been specially comprehended and named therein, and as if the whole clauses, conditions and articles thereof were expressly expressed and mentioned in this act; and decrees and declares the same to have full effect for safety of them and each one of them in body, lands and goods; and ordains the lords of council to direct letters for repossessing of them, according to the accustomed use, in the appropriate form.
[1584/5/41]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the three estates of this present parliament, upon weighty and good considerations tending to peace and quietness and universal obedience of his highness's authority within this realm, has given and granted to the late Patrick, bishop of Moray, commendator of the abbey of Scone, his heirs and bairns procreated of his body, the benefit, right, privilege and liberty of our said sovereign lord's pacification made and concluded upon at the burgh of Perth on 23 February 1572 [1573], which is ratified and approved by his highness and three estates thereafter in parliament; and further, our said sovereign lord and three estates, for him and his successors, have granted that the heirs of the said late Patrick, bishop of Moray, shall be entered and served by brieves of his highness's chancellory to all lands and annualrents in the which the said late Patrick died invested and seased, and shall succeed to him to all his debts and moveable goods and possess all honours, privileges, dignities which they might have possessed before the process of forfeiture led against the said late Patrick; and that all infeftments, feus, dispositions, pensions, tacks and other rights made by the said late bishop to whatsoever person or persons during his lifetime shall be as viable to them and their heirs as if the said process of forfeiture had never been led against the said late Patrick, bishop of Moray, and if his name had been expressly specified in the said pacification, as at more length is contained therein. Therefore, our said sovereign lord, with advice of his said three estates, has ratified and approved and, by the tenor hereof, ratifies and approves the said benefit of pacification given and granted to the said late Patrick, bishop of Moray, his heirs and bairns in manner above-written in all points, after the form and tenor thereof, and declares the same to have full force, strength and effect in all time coming, so far as the same concerns all lands, annualrents, debts and moveable goods pertaining to the said late bishop and others above-written concerning the said bishopric of Moray only.
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Our sovereign lord, with advice and consent of the three estates in this present parliament, ratifies, approves and confirms the benefit of pacification given and granted by his highness to Margaret Borthwick, daughter and apparent heir to the late James Borthwick, apparent heir for the time of New Byres, willing and declaring that the same pacification shall be as largely and favourably extended to the said late James and Margaret, his daughter, as if their names were specially nominated therein, in all points and conditions thereof, as the same gift of the date of 16 May 1584 at more length purports; likewise also our said sovereign lord, with advice of his said three estates aforesaid, by this act, wills, decrees and declares that the reservation, exception or provision contained in a former benefit of pacification granted to the said late James in his time (with provision it should not be extended to the sum of £3,400 money conveyed as one part of his escheat of before to the late Master James MacGill of Nether Rankeilour, clerk register, then consigned for redemption of certain lands of Arnolstoun) shall not be, nor is not allowed nor approved in this present benefit of pacification and ratification thereof, but that the said reservation and exception in the other pacification shall be null and of no effect, and that this pacification and ratification of the same shall be as viable and effectual to the said Margaret touching the possessing and enjoying of the full liberties, benefits, privileges and conditions of the said pacification, without any exception or derogation to be opposed or admitted in the contrary, whereby the said Margaret, daughter and apparent heir aforesaid, may succeed to possess, enjoy, intromit with and call for all and whatsoever lands, goods, gear and sums of money, according to the said pacification, which in any way appertained or might appertain to the said late James, her father, as largely and without any exception as any other whom to the said benefit of pacification has ever been granted, and as freely as if the said exception or reservation of the same above-specified had not been reserved nor excepted in the said first benefit of pacification granted to the said late James of before as said is; which exception or reservation our said sovereign lord, with advice and consent aforesaid, by this act, revokes, annuls and simply discharges in favour of the said Margaret, in case the said silver was not taken up before the said pacification accorded upon at Perth on 23 February 1572 [1573] by the said late Master James MacGill; and ordains letters to be directed to make publication hereof, if need be.
[1584/5/43]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, understanding that Master David Chalmers of Ormond has obtained his highness's pacification, restoring him thereby to all lands, rooms, possessions, offices, benefices, liferents, tacks, dignities, honours and privileges which pertained or in any way might pertain to him before the doom of forfeiture led against him for any cause or occasion preceding the date of the said pacification, which is at Falkland on 4 September 1583, promising in the said act and benefit to ratify and approve the same in the next parliament, for his better security, as the said benefit in the self more fully [...]; therefore our 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 said benef[...] pacification given and granted to the said Master David in manner aforesaid, and wills and grants the same to be as sufficient and to have the like force, strength and effect in all things to the said Master David and to be as largely and favourably extended to him for possessing and possessing of whatsoever lands, rents possessions, rooms, houses, benefices, offices, liferents, honours, privileges and dignities which he used at any time before whatsoever process of forfeiture led against him, for any cause or occasion bygone preceding the date hereof, or otherwise as if the same were specially mentioned and comprehended in the said pacification, or as if the whole clauses, articles and conditions thereof were herein expressed and contained; and also ordains the lords of council to direct letters at his instance to that effect likewise and in the same manner as other obtainers of the like benefit have received before, and letters of publication to be directed hereupon in the appropriate form, providing always that the granting of the said pacification in no way extend to the odious 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, but by this act specially and expressly excepts the same.
[1584/5/44]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, understanding that David Melville of Newmill obtained his highness's benefit of pacification, restoring him thereby to all lands, rooms, possessions which pertained to him or in any way might pertain to him before the doom of forfeiture led against him for any cause or occasion preceding the date of the said act of pacification, and also has granted the like grace, favour and privilege and benefit as is contained in the pacification made and accorded upon at Perth on 23 February 1572 [1573], ratified and confirmed in parliament held at Edinburgh in April 1573, therefore, our said sovereign lord, with advice of the said three estates of parliament, has ratified and approved and, by the tenor hereof, ratifies and approves the said benefit of pacification given and granted to the said David in manner aforesaid, and ordains the same whole clauses and articles thereof to be as largely and favourably extended in favour of the said David and his heirs as he were specially nominated and comprehended therein, or as if the said whole articles and clauses of the same were herein expressly contained; and decrees and declares the same to have full effect and force for safety of him in body, lands and goods, and likewise for repossessing of him to whatsoever his lands, rooms or possessions which he had before the time of his forfeiture, providing that the granting of the said pacification in no way extend to the odious 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, but by this act specially and excepts the same; and ordains letters of publication to be directed hereupon in the appropriate form.
[1584/5/45]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the three estates of this present parliament, has ratified and approved and, by the tenor hereof, ratifies and approves the remission granted and given by our said sovereign lord under his highness's great seal to George, earl of Huntly, lord Gordon and Badenoch etc., in manner and form underwritten, and declares and decrees the same to have full faith, strength and effect in judgement and outwith in all time coming, after the form and tenor of the same in all points, of the which the tenor follows:
James, by the grace of God, king of Scots, gives greeting to all good men whom this letter reaches. Let it be known that we acknowledge that, after long disturbances and the civil war which happened in this realm of ours in our tender years, a pacification was made in our burgh of Perth on 23 February 1572 [1573] and ratified and approved in our parliament held at Holyroodhouse on 12 April 1573† next in favour of our late kinsman George, earl of Huntly, lord Gordon and Badenoch, his household, friends, servants, vassals and tenants, containing certain exceptions and limitations, which being judged of such great weight and importance were not absolutely remitted, but that it was promised that whatever [Elizabeth I], our dearest sister, queen of England, the ruler closest to us in blood and distance in this age, advised and counselled regarding the same, but this to be performed, observed and implemented with the consent of our parliament with a view to usefulness to us and the obedience of our whole realm. Our said sister and kinswoman the queen of England has with her advice and counsel remitted the matter to us, to do in this regard what seems suitable to us at the time when, as a result of our age and by the laws and custom of our realm, we accept the governance in our own person. Now that by the favour of almighty God we have accepted the governance in our own person, and that has been for three years past accepted and administered, recalling the good, loyal and outstanding service given to us and to our most noble progenitors by our beloved kinsman George, now earl of Huntly, lord Gordon and Badenoch, etc., both in the defence of this realm of ours against invasion by foreign enemies, and also by his assistance to the supreme princes of this realm, our foresaid progenitors, in the repression of the insolence and rebellion of their rebels and disobedient subjects, for which they enjoy and possess honourable tokens in return for their rewards and favours - on account of this, and desiring the stability and continuity of the nobilities of our lords and chiefs of our blood and stock, and moved by our special grace, mercy and clemency because of the age and innocence of our said kinsman George, now earl of Huntly, an infant at the time of the said disturbances and civil war, and in view of his ardent affection towards us, our service, convenience and protection, with the advice and consent of the lords of our privy council, we wish and grant, and, on behalf of ourselves and our successors, do for perpetuity delare that the benefit of the said pacification is and shall be for all time to come amply and favourably extended and interpreted in favour of our said kinsman George, now earl of Huntly, for his full security and remission regarding all actions, crimes, acts of treason, transgressions and offences of any weight and quality in relation to which his said late father was in any way art and part, or which could be imputed to him in any way at any time in the future, without any exception, limitation, restriction or reservation of time or person, and just as the said pacification was made, passed and ratified by parliament simply and absolutely in favour of his foresaid late father in respect of any crimes committed before the said pacification, so we, on behalf of ourselves and our successors, declare the same to have been and to be in future as valid and sufficient for our said kinsman and his descendants, in respect of any acts of treason or offences committed by his foresaid late father or any others of his progenitors or by himself at any time before the date of this act. Further, on behalf of ourselves and our successors, we have ratified, approved and confirmed, and by the contents of this act we do ratify, approve and confirm our said kinsman George, now earl of Huntly as closest and lawful heir of his said late father and of any of his predecessors whom he is close to, and we grant, decree and ordain that he and his posterity will succeed those, and his said posterity and their successors will succeed their agnates and cognates to whom they are closest in blood, in respect of, all and singly, the lands, heritages, offices, honours, dignities and possessions, and their posterity shall be able to succeed them in respect to these in a similar way and as freely in all respects as any of our lieges shall, notwithstanding any acts of parliament or special or general decreets made or to be made, or any provisions or specific conditions in regard to them, or reservation or exception limited in the said pacification which could be interpreted to the opposite effect to the act. Regarding these, on behalf of ourselves and our successors, we make dispensation and also, on behalf of ourselves and our successors, we, from our own special grace and favour, rehabilitate, restore and reintegrate our foresaid kinsman George, now earl of Huntly against all forfeitures, processes and sentences pronounced, divulged and brought to court against his foresaid late father in any way for any crimes or offences committed by him or his predecessors in the past, which we wish in no way to be imputed to our foresaid kinsman George now earl of Huntly or his posterity at any time. We promise on our royal word to cause this act to be ratified and approved in our next parliament for the security and corroboration of the foregoing, to stand and remain, in effect and with sufficient validity, in perpetuity for all time to come. In testimony of this we have instructed that our great seal be applied to this act. At Dalkeith, 16 May in the year of the Lord 1581 and in the fourteenth year of our reign.
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†Our sovereign lord, with advice and consent of his highness's three estates in this present parliament, has ratified and approved and, by the tenor hereof, ratifies and approves the remission underwritten, made, given and granted to the servants of the late George, earl of Huntly, lord Gordon and Badenoch contained therein under the great seal, and decrees and declares the same to have full force, strength and effect in all time coming, of the which the tenor follows.
James etc. Because we, with the advice of the lords of our privy council, recalling our grace and favour formerly extended to our loyal kinsman George, earl of Huntly, lord Gordon and Badenoch, for his full security, remission and restoration, according to the contents of letters granted to him under our great seal, as our letters in this vein of 16 May 1581 more fully purport, and having reliable experience of our kinsman's attitude and obedient affection towards us [...] held and directed towards the commonwealth and tranquillity of our realm, we, tending in that respect [...] favour towards him and for the continuation of the security of his house, friends and servants [...] and wishing that such as they provided for the father of our said kinsman in his lifetime should now remain under peril of our laws considering things which occurred in the turbulent times in our minority [...] mainly in consideration of our grace and favour shown formerly [...] our said kinsman as their master in the lifetime of his son and heir whom they then served. Therefore, with the advice of the said lords of our privy council, we remit our rancour of spirit, royal suit and all action which we have conceived, had, have, might be able to have or claim against Alexander Drummond of Midhope, Robert Bruce, Thomas Kerr, Robert Kerr and Patrick Gordon, household servants of the said late earl, just as they are now servants of the present earl, for art and part in any crimes done or offences committed when the said late earl of Huntly was present and in the area and they were with him for the time being during the recent civil disturbances beginning on 15 June 1567 until the pacification of 23 February 1572 [1573], and for all action and crime which followed thereon which can be imputed to them, notwithstanding any exceptions, reservations therein or any acts of parliament or privy council or other laws, statutes or special or general constitutions already made or to be made which could be extended or interpreted to the contrary, regarding which, on behalf of ourselves and our successors, we make dispensation. At Holyroodhouse, 15 February 1582 [1583], the 16th year of our reign.
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Our sovereign lord, with advice and consent of the three estates of this present parliament, has ratified and approved and, by the tenor hereof, ratifies and approves the remission underwritten, made, given and granted to Sir Thomas Kerr of Ferniehirst, knight, and his servants contained therein under the great seal, and decrees and declares the same to have full strength, force and effect in all time coming, of the which remission the tenor follows:
James, by the grace of God, king of Scots, gives greeting to all good men of his whom these letters reach. Let it be known that, because we, with the advice of the lords of our privy council, understanding from the difference and dissension brought forth between the nobles of this realm of ours during our tender age, so that they divided into various factions and embarked upon civil war and prosecuted all manner of hostilities for various years, using foreign power against each other just as exists between foreign nations and enemies, in which times it unhappily came about that our late beloved uncle Matthew [Stewart], earl of Lennox, regent for the time, was slain in conflict at Stirling, where Thomas Kerr of Ferniehirst was in the party [of the killers], but, as it has been noted, neither counselled, foreknew or brought about the said murder, and that the same was committed against his will - now, recalling the good service done by Thomas and his predecessors before these tribulations, to us and to our most noble progenitors, both in defence of the realm against the invasion of foreign enemies, and in assistance to these most serene princes of this realm in the repression of the insolence of rebels and disobedient subjects, wishing the continuation rather than the end of the household and family of the said lord Thomas, and for other reasonable causes and considerations which move us in the direction of the universal obedience of our lieges, and tending towards the greater peace and advantage of the commonwealth, therefore, from our grace, mercy and special clemency, with advice of the said lords of our privy council, we have remitted, and do remit by the tenor of the present letters to Sir Thomas and Thomas Kerr of Cavers, Andrew Crichton, John Shaw of Tillicoultry, John Kerr of Kerchesters, William Ainslie of Fala, George Pyle of Mylnuich, Adam Trimble of Billerwell, Thomas Kirkton, John Pyle, John Hall, George Pyle of Lieraw, William Hall, William Wedell, Ralph Ainslie of Theakside and all other household servants, tenants, servants, dependants of the said Sir Thomas who were with him and participants with him in the said civil war, all rancour of spirit, royal suit and all action which we had, have or in any way might have for art and part in the slaughter of our late uncle and regent in the burgh of Stirling on 4 September 1571, and all other actions and crimes which could be imputed to them or any of them, and all other actions, crimes, acts of treason, transgressions and offences committed or perpetrated by the said Sir Thomas or by any of the people specifically or generally referred to, at any time before the date of the present letters (excepting treason against our own person, the detestable murder and slaughter of [Henry Stewart, lord Darnley], our late dearest father, and our late dearest regent James [Stewart], earl of Moray, sorcery and incest), and further no one is to presume to do evil, molestation, injury or hurt to the said Sir Thomas and the others, under our firm peace and protection, by reason of the said slaughter or any other action, crime, treason, transgression or offence, under threat of full forfeiture and loss of life and limb. In testimony of this, we have made these letters patent of ours of remission for the duration of all the life of the forementioned persons under our great seal at Holyroodhouse, 26 November 1583, the 17th year of our reign.
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Our sovereign lord, with advice of the three estates of this present parliament, has ratified and approved and, by the tenor hereof, ratifies and approves the act of parliament made in the parliament held at Holyroodhouse on 30 April 1573,† bearing that our said sovereign lord, with advice of his said three estates, upon weighty and good considerations moving his highness tending the furthering of peace and quietness and universal obedience of his grace's authority, decreed and declared that Robert Balfour, son lawful to Andrew Balfour of Montquhanie, should have, possess and enjoy the like benefit, favour, privilege and conditions as are contained in the pacification made and accorded upon at the burgh of Perth, 1572 [1573], ratified and approved in the same parliament, and that the said pacification should be as largely and favourably extended and interpreted in favour of the said Robert for the security of his life, living, honour and goods as if he had been specially nominated and comprehended therein, or as if the whole articles, clauses and conditions thereof had been expressly specified in the said act of parliament, as the same of the date of 23 February 1572 [1573] more fully contains, in all the points, articles, clauses, and circumstances of the same. And also forasmuch as our said sovereign lord, of his special grace, has remitted and forgiven the said Robert all action and crime wherewith he might be charged for being in company of them which chanced to be at the slaughter of his highness's dearest grandfather Matthew [Stewart], earl of Lennox, lord Darnley, regent to him, his realm and lieges for the time in September 1571, for the which processes and doom of forfeiture was led and given against the said Robert in the parliament held at Edinburgh on 20 October 1579, as in the process and doom of forfeiture at more length is contained; in the which parliament it was also statute and ordained by our said sovereign lord, with advice of the three estates thereof, that the bairns, as well natural as lawful, should possess nor acclaim any heritage, rooms nor possessions within this realm, howsoever the same is or shall happen be acquired to pertain to the said bairns since the committing of the said slaughter, as in the said act of parliament and letters of remission; of the date of 28 August 1583 at more length is contained; which letters of remission, in all points and clauses thereof, our said sovereign lord, with advice of the said three estates, by this act ratifies and approves and has restored and rehabilitated, likewise by this act restores and rehabilitates the said Robert, his bairns, heirs and posterity whatsoever against the said process and doom of forfeiture and all that has followed or may follow thereupon, restoring and reinstating the said Robert and them to their same honour, lands, rooms, possessions, pensions and other commodities whatsoever which the said Robert had or enjoyed before the date of the said forfeiture, and that he, his said bairns, heirs, successors and posterity may, and shall be, in all time hereafter able to obtain, conquest, possess and enjoy whatsoever lands, heritages, tacks, steadings, rooms, possessions and other commodities within this realm, and to succeed to any others, their agnates or cognates, or every one of them to others likewise and as freely in all respects as any others our sovereign lord's subjects within this realm, notwithstanding the said process of forfeiture led against the said Robert and of the act above-specified made against his posterity as said is, which, and all other acts and constitutions generally and specially tending to the contrary hereof, the king's majesty, with advice of the said three estates of this present parliament, of certain knowledge, upon weighty considerations and his highness's proper motive, have dispensed and dispenses for ever, providing always that this act be not extended to reinstate and restore the said Robert to any right he has or may pretend to the provostry of the Kirk o' Field, sometime situated within the liberty of the burgh of Edinburgh, fruits, duties and emoluments thereof wherever the same lie, of any terms past and to come, but that the same remain and abide perpetually hereafter with the provost, bailies, council and community of the said burgh of Edinburgh according to the donations, rights and titles made by [Mary], our said sovereign lord's dearest mother, and his highness to them thereof, secluding the said Robert therefrom and from all profits and duties thereof bygone or to come perpetually for ever.
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Our sovereign lord and his three estates in parliament, for the good, true and thankful service done to his highness and [Mary], his dearest mother, by Sir John Maitland of Thirlestane, knight, now his majesty's secretary, ratifies and approves and, for his highness and his successors, perpetually confirms the charter and infeftment made by Sir Richard Maitland of Lethington, knight, and baron of the barony of Blythe, to the said Sir John and the male heirs lawfully to be procreated of his body, which failing, to John Maitland, son and apparent heir to John Maitland of Auchengassel and his male heirs lawfully to be procreated of his body, which failing, his nearest and lawful male heirs whatsoever bearing the arms and surname of Maitland, of all and whole the lands and barony of Blythe, with annexes, connexes, parts, pendicles, mills, woods, tenants, tenantries and service of free tenants of the same and all their pertinents, lying within the lordship of Lauderdale and sheriffdom of Berwick, to be held of his highness and his successors by service of ward and relief, as the said charter of alienation and privy vendition of the date at Edinburgh on 15 March 1580 [1581] at more length bears, with the instrument of sasine following thereupon; and likewise the charter of confirmation made by his highness, with advice of the lords of secret council, under his great seal of the date 19 March 1583 [1584], ratifying and approving the said infeftment and charter of vendition and alienation made to the said Sir John in manner aforesaid; and likewise his highness and three estates aforesaid have ratified and approved and, by the tenor hereof, ratify and approve the other charter and infeftment under his great seal to the said Sir John and Mistress Jean Fleming, his spouse, the longer living of the two in conjunct fee, and to the heirs lawfully procreated or to be procreated between them, which failing, to the said Sir John's heirs whatsoever, of all and whole the lands and barony of Thankarton and Biggar, with the parts and pertinents thereof, lying within the sheriffdom of Lanark, and of all and whole an annualrent of £50 of this realm yearly to be uplifted at two usual terms in the year, Whitsunday [May/June] and Martinmas [11 November] in winter, by two equal portions, of all and whole the lands of Abbot's Carse, with their pertinents, lying within the sheriffdom of Stirling, as the said infeftment of the date at the castle of Stirling on 30 October 1583 at more length purports, with the instruments of sasine following thereupon; and also his highness and three estates of parliament ratify and approve and, for his highness and his successors, perpetually confirm the charter of alienation and vendition made by the said Sir Richard Maitland of Lethington, knight, to the said Sir John and his male heirs and of tailzie before specified, of all and whole the lands of Lethington, with the tower, fortalice, manor place, orchards and yards thereof, with the plough of land called the West Field, with tenants, tenantries, service of free tenants and all their pertinents, lying within the sheriffdom of Edinburgh and constabulary of Haddington, to be held of William [Hay], lord Hay of Yester and his heirs in free blench, as the said infeftment and sasine following thereupon in like manner at more length purports, the said William, lord Hay of Yester, his confirmation given thereafter ratifying the said infeftment of vendition and alienation therein contained in all points, clauses and articles of the same; and decree and ordain that this present ratification in form of act of parliament is and shall be in all times hereafter as viable and sufficient in all respects as if all and sundry the said infeftments, charters, confirmations and sasines were at length inserted therein, and that, by virtue thereof, the said Sir John, his heirs, assignees and successors shall peaceably possess and enjoy the lands, baronies and annualrent above-specified in all respects as any others, his highness's subjects, use and possess their lands and heritage within this realm, notwithstanding whatsoever sentences of forfeiture given and pronounced in any time past against the said Sir John and the late William Maitland, his brother, and also notwithstanding the acts made in his highness's parliament held at Stirling in August 1571 and at Edinburgh in November 1579, as also at Edinburgh in November 1581, concerning the disinheriting of the posterity of the persons forfeited in the said parliaments or any other parliaments; and notwithstanding whatsoever other laws, acts and constitutions of this realm whereunto his highness, by advice of the said three estates, has made and by this act makes plain derogation in that behalf.