[1584/5/80]¹

Act in favour of our sovereign lord's treasurer and his depute, concerning factors of the lands and possessions of the persons suspected and dilated of treason

Forasmuch as by an act made in the last parliament, it was in consideration of the prejudice that might have been used concerning the escheats of the persons then suspected or criminal of the treasonable conspiring and taking of the castle and town of Stirling and other crimes of treason specified in the said act, in prejudice of our sovereign lord, that the goods and gear of all such persons should be arrested, intromitted with and taken by our sovereign lord's treasurer, his depute, factors and doers, with power to them to dispose upon such goods whereof were in danger of keeping, so that the prices thereof should be forthcoming to the king's majesty's use, with the whole other goods as escheated of such as should be convicted, and the goods of others that shall happen to be intromitted with and not to be convicted to be forthcoming to the party, as in the said act at more length is contained; and seeing the said treasurer has granted sundry factories of the livings and goods of the aforesaid persons suspected as said is, wherewith some of the factors have had some intromission and that action perchance may result hereafter and be pursued for plunder and wrongful intromission against the said treasurer and his depute, their heirs and executors, by sundry coloured means of privy assignations or dispositions allegedly made of before to others, or that the persons suspected be not pursued and declared criminal, therefore, in consideration that whatsoever intromission has been taken or had by the said treasurer, his depute or factors appointed by him in the premises, the same was only in our sovereign lord's name and that the same comes to his highness's use, it is now found and declared in this present parliament, by advice of the three estates thereof, that the said treasurer, his depute and factors made by him are and shall be free and safe of all goods intromitted with by them or any of them under pretext aforesaid, and that no manner of person nor persons has or shall have any action or instance against them or any of them in judgement or outwith in any time coming, exonerating and discharging thereof for ever, and also discharging all judges and ministers of law whatsoever, as well the lords of session as others, of all proceeding against the said treasurer and his depute, or any of them, their heirs, executors, factors and assignees in any the said actions may result in the premises and of their offices in that part forever; and further discharging all action that may be intended or pursued against the said treasurer for any of his intromission had or to be had as donator to the escheat of Master Thomas Lyon of Baldukie, tutor to [John Lyon, lord] Glamis, with any lands, mails, ferms, kanes, customs and duties of the living thereof, and exonerates the said treasurer thereof for now and by these letters.