[1584/5/48]¹

Ratification of the remission granted to Robert Balfour

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 1573,² 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.