[1690/4/136]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and lady and three estates of parliament, having considered the process of forfeiture led before the court of justiciary on 6 January 1685 against Walter, earl of Tarras, with the sentence and doom of forfeiture thereon pronounced, and that by the late Claim of Right it is expressly provided that the causing forfeit persons upon frivolous and weak pretences is contrary to law, and that such forfeitures ought to be considered and the parties harmed redressed, and in particular that the great pretence whereupon the said sentence and doom of forfeiture was given against the said earl of Tarras was his corresponding and discoursing with certain persons about the most effectual means to secure the Protestant religion and settle all disorders, so that the foresaid grounds of his forfeiture were frivolous and weak pretences and in no way relevant to infer the crime of treason. Therefore their majesties, with advice and consent of the said estates of parliament, do hereby from justice rescind, reduce, cass, annul and declare void the said sentence and doom of forfeiture pronounced against the said Walter, earl of Tarras, with all gifts of forfeiture and escheat, and particularly that gift of part of the said earl's fortune made and granted in favour of [Kenneth MacKenzie], earl of Seaforth of the date the [...] day of [...] 1600 and [...] years, with all that has followed or may follow thereupon, returning and restoring the said earl to his blood, lands, money and goods, and to his name, fame, honour and dignity against the same in entirety, such like and as freely as if the said sentence had never been pronounced. And further, their majesties, with advice foresaid, declare the intromitters with the said earl's lands, money, rents, annualrents, goods and gear, moveable or immoveable, by virtue of the said forfeiture and escheat or gift of any part of the same, and the debtors and persons bound for payment thereof, liable for the same, excepting such debtors who have made true and real payment in good faith upon distress, to the said earl of Tarras, his donators or others having right from them, and ordain the said process and sentence and whole grounds thereof to be deleted and raised out of the records. As also their majesties, with consent foresaid, declare it shall be rightful to the said Walter, earl of Tarras to repeat any composition or sums of money paid either by himself or any person for him on the account of the said escheat and forfeiture, or for gifts thereof to his behoof, or for obtaining a remission of the said pretended crimes from the persons receivers thereof or intromitters therewith, who are hereby declared obliged to refund the same with the interest thereof since Martinmas [11 November] 1688. And their majesties and estates of parliament statute and ordain that this present act shall have the full strength, force and effect of a public law in favour of the said Walter, earl of Tarras, and that it shall be understood to be excepted from the act salvo jure to be passed in this present parliament.