[1604/4/26]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, having consideration of the great troubles and unquietness previously within his highness's realm of Scotland and sundry grudges resulting amongst his loving subjects for the forfeited lands, benefices, rooms and possessions fallen in his majesty's hands by diverse sentences and dooms of forfeiture, and to the effect that his highness's whole subjects may be brought to a perfect union and conformity in his majesty's service, without any grudge hereafter to follow amongst them for any occasion past, by his highness's letters of rehabilitation and restitution under the great seal, granted the benefit of restitution to his beloved James Douglas of Spott, restoring the said James Douglas of Spott to his life, lands, goods and gear, moveable and immoveable, whatsoever pertaining to him before his forfeiture; and also rehabilitating the said James and his posterity to all and whatsoever honours, dignities, rights of succession and other privileges whatsoever competent to them by whatsoever manner of way before the said forfeiture, making and constituting him and them able to possess and enjoy whatsoever lands, heritages, benefices, rooms and possessions pertaining to them of before, and to bear honour, stand in judgement and able to possess dignities and offices in the same manner as they might have done before the said forfeiture, declaring thereto that the said restitution should be as sufficient as if the same were ratified in parliament, with an express promise of his majesty in the first word to ratify the same in his next parliament, as at more length is contained in the said letter of rehabilitation and restitution of the date the [...] day of [...] 1603. And now his majesty, following his natural clemency, for the better effectuating of his said highness's promise and quieting of all grudges within his said highness's realm of Scotland, and acknowledging the said James's true and sincere service in his highness's voyage out of his highness's realm of Scotland to his majesty's realm of England and diligent behaviour in his majesty's affairs of great importance, tending to his highness's honour and well of the realm, deserving in that respect the extension of his princely favour and benevolence whatsoever his majesty can gratify, his dutiful and honest heart uttered by him in his service, willing also to acknowledge the same and to give others example what benefit true and thankful service procures, with advice and consent of the estates and whole body of this present parliament, having taken perfect trial of the premise and finding that the said James has most dutifully and worthily behaved himself in his highness's said service committed to his charge in sundry affairs concerning his highness's estate and crown, and also for the well and quietness of his majesty's realm of Scotland, has abolished, obliterated and taken away from the ground all and whatsoever processes and dooms of forfeiture led and deduced in his highness's parliament, justice courts or general councils at any time preceding the date hereof, whereby the said James was convicted and forfeited for any crimes of treason or other crimes whatsoever mentioned in the said forfeitures; and wills and declares that the memory, acts and monuments thereof shall be likewise totally extinguished, abolished and taken away so that it shall not be permissible to any persons within this realm, or any others of his highness's subjects whatsoever, either to ground action or exception thereupon, in judgment nor outwith, at any time hereafter, or otherwise to object the same against the said James or his posterity as if the said forfeitures had never been; and ordains the said restitution to be as effectual to the said James and his posterity for the full restoring and reintegrating of them to their said lands, livings, benefices, rents, rooms and possessions whatsoever as if the said forfeiture were reduced in parliament, all parties having interest being called thereto, or as any restitution that has been granted at any time bygone to any of his highness's subjects either by the act of pacification concluded at Perth in the month of February 1572 [1573] and in the month of April thereafter, ratified in his highness's parliament held at Holyroodhouse, or by the act of pacification made in his highness's parliament held at Linlithgow in the month of December 1585, or by the act of abolition made in his highness's parliament held at Edinburgh, 29 July 1587, and wills that the whole clauses and conditions mentioned in all the said acts be extended in favour of the said James and his posterity most largely. Moreover, our said sovereign lord, with consent and assent foresaid, reduces, retreats and rescinds all and whatsoever decreets, sentences, gifts and dispositions of his lands, benefices, rooms and possessions granted by his highness to whatsoever person or persons proceeding upon the said forfeiture, and ordains letters to be directed in favour of the said James and his heirs in the appropriate form against all and whatsoever possessors of the said James's lands, living, benefices, tacks, steadings, rooms and possessions whatsoever pertaining to him or whereof he was in possession before the said forfeiture, for repossession and restoring of him and his heirs foresaid thereto in most ample form.