[1584/5/50]¹

Declaration

Declaration concerning the forfeiture of the late Sir James Balfour of Pittendreich, knight

²Our sovereign lord, with advice of the three estates of this present parliament, understanding that the late Sir James Balfour of Pittendreich, knight, in May 1571, in the troublous time, through the questioning of our sovereign lord's authority, was forfeited in parliament, not only for his assistance to that common cause, by the which the whole subjects of this realm were divided, but also for the alleged art and part of the devising, knowledge and concealing of the most horrible and detestable murder of [Henry Stewart, lord Darnley], our sovereign lord's late dearest father of good memory, as at more length is contained in the process and sentence of forfeiture which was led against the said late Sir James the time aforesaid, when he, through the open hostility then standing between the parties, might not compear nor have access to that judgement for his defence; and therefore our said sovereign lord in his highness's parliament held at Holyroodhouse on 30 April 1573, with advice of the three estates and whole body of this realm, after the appeasing of the aforesaid troubles, upon weighty and good considerations moving our said sovereign lord tending to the furthering and establishing of peace and quietness and to the universal obedience of his highness's authority, decreed and declared that the said late Sir James should possess and hold and enjoy the grace, favour, privilege and conditions contained in the general pacification made and accorded upon at the burgh of Perth on 23 February 1572 [1573], ratified and approved in the said parliament, and that the said general pacification should be as largely and favourably interpreted and extended in favour of the said late Sir James for the surety of his life, living, honour and goods as if he had been specially nominated and comprehended therein, and as if the whole articles, clauses and conditions of the said general pacification had been expressly specified in the said act of parliament, by the which the benefit and favour of the said pacification was granted to the said late Sir James, as in the said particular act of parliament made in his favour at more length is contained; which general pacification being in all the clauses, points, articles and circumstances thereof at diverse times seen and considered by our said sovereign lord and lords of his highness's secret council and session, and specially those clauses and article thereof purporting that all processes and sentences of forfeiture led and given against whatsoever persons comprehended therein, for any crime, action or deed done or assisted in the said common cause, in time of the said common trouble from 15 June 1567 and on 23 February 1572 [1573], and for any other causes or crimes contained in the summons of forfeiture executed against them and whereof they were convicted at any time between the said 15 June 1567 and the said 23 February 1572 [1573], were decreed and declared to have been and to be of no value, force nor effect with all that followed or might follow thereupon, and the persons who obtained the benefit of the said pacification were, by virtue thereof, freely restored fully against the same, by the same manner and condition as the said processes and sentences of forfeiture had been specially retreated and reduced, all parties having interest being specially called thereto, whereby it was then clearly understood by the lords of privy council and session, likewise now it is clearly understood by our said sovereign lord, the said three estates and whole body of this present parliament that the said late Sir James was fully restored against the said sentence of forfeiture given contrary against him, upon the knowledge whereof, cognition being taken by the principals of the said secret council, our said sovereign lord received the said Sir James, his wife and bairns, their persons, lands, goods and gear in his majesty's special safe guard, protection and defence as his loyal subjects; and, nevertheless, before the granting of the said protection by an act of parliament begun at Edinburgh on 20 October 1579, the posterity of certain persons standing under the sentence of forfeiture of the art and part of the slaughters and murders of our said sovereign lord's dearest father, the late Matthew [Stewart], earl of Lennox, his highness's grandfather and the late James [Stewart], earl of Moray, regents to him, his realm and lieges for the time, are declared and decreed to be unable to possess any lands, heritage, rooms or possessions within this realm, howsoever the same were acquired since the committing of the crimes respectively aforesaid; in the which act, the said late Sir James's posterity is expressly mentioned and comprehended, making no difference between the said other persons then, as yet, standing under the rigour of the said sentences of forfeiture given against them and the said late Sir James, who was fully restored against the sentence of forfeiture given contrary against him and the said sentence in all points and heads thereof, without exception, by the aforesaid act of parliament [...] grant of the said pacification was rescinded and retreated, which was not open [...] to our said sovereign lord and his three estates the time of the making of the said ordi[...] said Sir James being then absent and ignorant of any declaration to be given in prejudice [...] posterity, which is always now sufficiently verified to our said sovereign lord and his three estates, likewise the same was sufficiently verified to his highness and to the lords of his secret council and in like manner to the said lords of session, upon diverse complaints made by the said late Sir James in his time and by his widow and bairns after his decease, most humbly craving that they, upon better knowledge of the truth, might be repaired against the said declarations made contrary to the posterity of the said late Sir James; likewise Dame Margaret Balfour of Burleigh, the widow of the said late Sir James, Michael, James, William, Harry, David, John, Marie and Helen Balfour, his bairns, have now renewed their suit, desiring our said sovereign lord's declaration, by the advice of his three estates of parliament, that the said Sir James at all times since the granting to him of the benefit of the said general pacification to his decease remained his highness's good liege and subject, and that the said sentence of forfeiture given against him was duly and lawfully retreated and rescinded before the said act concerning his posterity now made or any other act following thereupon, and therefore craving that it might be also declared that his bairns and posterity might possess and enjoy whatsoever lands, heritage, rooms and possessions appertaining to them, acquired or to be acquired by them, as well freely and quietly in all respects as any other, our said sovereign lord's lawful subjects within this realm, and also that hereafter question should not be moved to them nor any of them for any of the crimes and causes contained in the said sentence. Therefore our said sovereign lord, by cognition of the cause and for relief of his conscience, by the advice of the said three estates of parliament, for his highness and his successors, decrees and declares that the process and doom of forfeiture led against the said Sir James in manner aforesaid was duly and orderly retreated by the said pacification ratified in the said parliament, and that the said Sir James, from the time of the reduction thereof to his decease, abide and remain our said sovereign lord's loyal and dutiful subject, and therefore that his bairns and posterity might not be hurt nor harmed by the acts above-written; which all and sundry acts, and every one of them, our said sovereign lord, by the advice of his said three estates, in so far as the same comprehends the bairns and posterity of the said late Sir James only, likewise decrees and declares to have been and to be of no value, force nor effect, abrogating the same in that part only by this present act for ever, the same act, with all other acts made to that effect and consequently following thereupon concerning the posterity of the other persons mentioned therein, standing always in full force, strength and effect; and also decrees and declares that the bairns and posterity of the said late Sir James are, and shall be, able to possess and enjoy all lands, heritage, rooms and possessions acquired or to be acquired by them, and that they may succeed to their said late father, mother, or any of them, or every one of them, as heirs to other or to whatsoever other persons likewise and as freely as any other our sovereign lord's lieges and subjects may conquest and acquire lands, heritage, rooms and possessions or succeed thereto within this realm and as if the said acts concerning the said late Sir James's posterity never had been made, to the which in that part only our said sovereign lord has made and makes express and special derogation by this act. And further, his highness, with advice and consent aforesaid, for him and his successors, renounces and discharges all action that his grace may have or intend against the said late Sir James, his memory, heirs or posterity for the cause aforesaid for ever, as is more amply contained in a letter given under his highness's great seal at Holyroodhouse on 21 December 1583; which letter our said sovereign lord, by this act in all points, articles, clauses and circumstances thereof, ratifies and approves, and that his highness's present ratification be, in all respects, as sufficient as if the said letter were at length engrossed in this present act, ordaining also the same letter at the desire of party to be inserted and registered in the books of parliament for perpetual memory and to have the strength, force and effect of an act and decreet thereof; and ordains letters to be directed hereupon, if need be, in the appropriate form.