[1585/12/61]¹

Ratification of the restitution granted to Gavin Hamilton of Raploch

²The king's majesty, with advice of his estates of parliament, ratifies, approves and, for his highness and his successors, perpetually confirms his other letters of rehabilitation given and granted under his great seal to his well beloved Gavin Hamilton of Raploch, by the which his highness, with advice of the lords of secret council, received the said Gavin to his favour, mercy and grace, notwithstanding the sentence of forfeiture given against him upon the [...] day of [...] 1579, and fully restored the said Gavin in its entirety to his life, liberty, fame, honour, lands, heritages, rooms, possessions, likewise, as freely and in the same estate as he was before the giving of the said sentence of forfeiture, as the same letters of the date of 11 January 1582 [1583] at more length contains. And further, his highness, upon sure knowledge and perfect knowledge and trial taken that the said Gavin at the time of the committing of the crimes contained in the said process of forfeiture was a servant and dependant to others and not a deviser nor inventor of such attempts as were committed and fell out by occasion of the enterprises against his highness's authority after his highness's coronation, which whole attempts and rebellions, for the good of his highness, the quietness of his subjects and universal obedience of his lieges, were abolished by the pacification concluded at Perth on 23 February 1573 and ratified and approved by his highness and the three estates in the parliament held at Edinburgh in April 1573, in the which pacification the said Gavin was specially comprehended; and his majesty surely having knowledge, proof and experience of the said Gavin's earnest affection to abide, remain and stand in his highness's good grace and favour, as has been notified to his majesty by [Elizabeth I], his dearest sister and cousin, the queen of England, being by her recommended to his highness's clemency, his majesty being also well remembered that in certain chief matters which followed upon the said troubles it was thought suitable and expedient by a special article of the said general pacification that his said dearest sister and cousin's advice should be followed; his majesty, therefore, by the tenor of the said letter, has of new ratified and approved and, by the tenor hereof, ratifies and approves the benefit of the said pacification granted to the said Gavin and wills and grants that the same shall be and is extended to all crimes and offences specified in the said late process of forfeiture led against him, with all that has followed or that may follow thereupon. And likewise his majesty, of his special grace, clemency and favour, has rehabilitated, restored and reintegrated and, by the tenor of the said letter, rehabilitates, restores and reintegrates the said Gavin to his good fame, honours, offices, privileges and dignities of the which he was prejudiced and deprived by the said forfeiture and tacks, receives and reintegrates him to his highness's mercy and grace against the said sentence, crimes and offences contained therein, renouncing the same for his highness and his successors in favour of the said Gavin, his heirs and successors. And moreover, his highness reintegrates and restores the said Gavin in and to all and sundry his lands, tacks, steadings, rooms, possessions, castles, towers, fortalices, woods, mills, fishings, tenants, tenantries, service of free tenants, advocation and right of patronage of benefices, teind sheaves, pensions, tacks, assedations, rooms, possessions, castles, towers, fortalices, woods, mills, fishings, acts, contracts, obligations, debts, rentals, goods and gear, moveable and unmoveable whatsoever, which pertained to the said Gavin before the said sentence of forfeiture led against him. And also his highness decrees and declares the said Gavin able, worthy and capable to receive, enjoy, possess and use whatsoever honours, offices and dignities in judgement and outwith in all time coming, likewise and as freely in all respects and conditions as if the said sentence of forfeiture had never been given. As also his highness ratifies and approves all and sundry alienations and dispositions made by the said Gavin to whatsoever persons of whatsoever his lands, rooms, tacks, steadings and possessions, and wills and grants that this his ratification and present approbation shall be as sufficient in all respects to the said receivers of the said alienations and dispositions as if the same had been confirmed immediately after the making thereof, and as if the said sentence never had been given against the said Gavin. And moreover, our said sovereign lord wills and grants that it shall be lawful to the said Gavin presently to enter to his whole lands, rooms and possessions which were possessed by him before the said sentence and forfeiture, requiring the lords of his highness's council and session to grant letters in competent form to that effect, as also to all his houses and fortalices against whatsoever detainers or possessors of the same, and in like manner to the effect this act may take full effect, for the good and utility of the said Gavin and his heirs, his highness, with advice aforesaid, has abrogated and annulled and, by the tenor of the said letter, abrogates and annuls all and sundry infeftments, titles and rights made by his highness or whatsoever other person of the said Gavin's lands, livings, heritage, rooms, pensions or possessions whatsoever; and discharges him and Jean Dishington, his spouse, their heirs, of all payment of any sums of money promised by them to any person or persons for their restitution to the same lands and others aforesaid, or any other part thereof simply in time coming. And further, to the effect aforesaid, his majesty has discharged and, by the tenor of the said letter, discharges all and whatsoever letters of factory of the same granted to whatsoever person or persons at any time preceding the date hereof, and declares, decrees and ordains the same and effect thereof shall cease for ever, and that notwithstanding whatsoever acts of parliament, secret council or others if any be which may be extended or interpreted in prejudice of this act, with the which his highness has dispensed and, by the tenor hereof, dispenses forever by this act. And for the greater security of the said Gavin, his heirs and successors, his highness promises faithfully in the word of a king to ratify the premises in the parliament which it shall happen his majesty to hold after his perfect age, and shall make full surety to the said Gavin, his heirs and successors of the said lands and living, with supplement of all defections as he shall be required. Also, our said sovereign lord, with advice of his three estates, decrees and declares that the infeftments granted to John [Hamilton], archbishop of St Andrews, abbot of Paisley, to Gavin [Hamilton], commendator of Kilwinning, in life rent, and to the said Gavin Hamilton of Raploch heritably, and our said sovereign's confirmation passed thereupon, of all and whole the four pound land of Barns, eleven pound, ten shilling land of Kilbowie Easter and Wester, lying within the sheriffdom of Dunbarton, and five merk land of Granis, lying within the barony of Renfrew and regality of Paisley, shall be for ever in all respects sufficient to the said Gavin and his heirs heritable for the payment of the feu duty contained therein, notwithstanding any diminution of the rental proposed or to be proposed against the same. And also our said sovereign, with advice aforesaid, decrees and declares that it shall be lawful to the said Gavin Hamilton to ask, crave, receive, intromit and take up all and sundry the mails, ferms, profits, kanes, customs, teinds, pensions, emoluments, and duties of whatsoever lands, rooms and possessions pertaining to him of all years and terms bygone resting to him, and to raise, use and execute letters and execution against the persons indebted in payment of the same.