[1585/12/56]¹

Act in favour of Sir William Stewart [of Caverston], late captain of Dumbarton

²Our sovereign lord, with advice of the three estates of this present parliament, ratifies and approves the gift made to Sir William Stewart of Caverston, knight, concerning custody and keeping of the castle of Dumbarton during the time of the said Sir William's captainship, whereof the tenor follows:

James, by the grace of God, king of Scots, to the lords of our council and session and all others our subjects and lieges whom it concerns, whose knowledge these our letters shall come, greeting. Know you us, having perfect knowledge by good proof and experience that our castle of Dumbarton, being committed to the charge and custody of Sir William Stewart of Caverston, knight, has been faithfully, surely and diligently kept by him and that he has done true and thankful service and duty to his majesty in keeping thereof since the first committing of the custody of the same to his charge, without any reproach or offence to be laid to his charge in any way thereupon, and also his highness and the said lords of his privy council acknowledge and confess that John [Hamilton], lord Hamilton, in our name and by our warrant, has received from the said Sir William our said castle and all and sundry ammunition and other things whatsoever received by him therein at the first receiving thereof or thereafter in his time in any way pertaining to us, therefore, we and the said lords of our privy council, by the tenor hereof, exonerate, indemnify and discharge the said Sir William, for himself, his deputes, servants, heirs, executors and assignees, of their intromission with our said castle, ammunition and other things whatsoever received by him in times past before the date hereof; and likewise we and the lords of our secret council, by the tenor hereof, declare that the said Sir William, nor none of his servants and officers in our said castle, have committed any crime or offence whatsoever that in any way may be laid to their or any of their charges for neglecting of their office and duty in keeping of our said castle, ammunition, service, prisoners and other things whatsoever committed to his keeping therein, or for not fulfilling of any charges or command given to him or any of his aforesaid by us or any other having our power in time bygone and therefore we, [with]³ advice aforesaid, indemnify and discharge the said Sir William and his aforesaids thereof, and shall never move, claim or pursue action or cause against him or any of his therefore in time coming, but renounce for us and our successors all instance and action that had, has or may have against him or any of his for the same for now and ever, and take them in his majesty's firm peace, supply, maintenance, defence and safeguard in bodies, lands, possessions and goods by this act. Moreover, we, perfectly understanding of the long faithful service done to his highness and his late dearest father by the said Sir William, not only in keeping of our said castle since his entry to the charge thereof, having bestowed upon the building and reparation of the walls and houses of the same castle and ordinance within the same, and for certain other necessary occasions known to us, both his own proper money and that which he procured on his credit and took on his lands, being driven through that in great debt, and now wanting the commodity of his own living, thralled by occasions aforesaid, and that which was given him for a reward being restored to the ancient possessor, now received to our favour and obedience, and so now wanting in effect reward or recompense according to his true and honest deserving after so long time spent; therefore, we, in no way willing that he shall be utterly unprovided for at this present until better occasion serve to reward him, neither yet that he shall want help and means to relieve him of his debts contracted in our name and service, and through occasion thereof have provided him to a yearly pension out of the thirds of benefices until he may be provided otherwise and be rewarded by the first casualties that shall happen to become vacant that may be a sufficient and condign recompense for the same; as also will and declare that the said Sir William, his heirs and assignees shall possess and enjoy the right and possession made to him by his late dearest cousin Esme [Stewart], duke of Lennox, earl of Darnley, lord Tarbolton, Dalkeith and d'Aubigny, of such lands, teinds and possessions whereof he had title and became in possession in his life, by virtue of our sovereign lord's infeftments or gifts as fallen in escheat by himself or the said Sir William in his name, which rights, titles and possessions we will and grant and, for us and our successors, decree and declare to stand in effect and to be viable and sufficient titles for possessing of the same lands, teinds and possessions as they were possessed by their authors, from whom their rights and possessions proceeded to the said late duke and the said Sir William and their heirs and assignees and in no way to be impugned or complained of during the minority and less age of [Ludovic]⁴ [Stewart], now duke of Lennox, notwithstanding any our revocations, restitutions and rehabilitations granted or to be granted by us to whatsoever person or persons of the said lands, teinds and possessions or any part thereof, out of the which we declare the lands, teinds and possessions conveyed to the said late Duke of Lennox, notwithstanding any our revocations, restitutions and rehabilitations granted and to be granted by us to whatsoever person or persons of the said lands, teinds and possessions or any part thereof, out of the which we declare the lands, teinds and possessions conveyed to the said late Duke of Lennox, and by him to the said Sir William, whereof he becomes in possession, as said is, to be specially excepted and reserved, declaring all feus, tacks or other pretended titles and dispositions whatsoever made or to be made that may appear contrary or prejudicial to the same to be null, invalid and ineffectual, wherever they be produced in judgement or outwith, discharging [John Graham, earl of Montrose], his highness's treasurer and his depute, present and to come, of all granting or passing of confirmation upon any tacks, feus or rentals made or to be made upon the lands, teinds or possessions to the hinder or prejudice of the said Ludovic, now duke of Lennox, or the said Sir William; which letter we will and ordain to be ratified and approved in our next parliament; given under our privy seal at Linlithgow, on 25 November 1585 and of our reign the 19th year.