[1585/12/79]¹

Act in favour of John Hamilton of Drumry

²Concerning the supplication given in by John [Hamilton], lord Hamilton and John Hamilton of Drumry to the king's majesty and lords of articles, bearing that the said lord, with a great number of his surname, kin and friends, has been, of long time past, banished and exiled of our sovereign lord's presence and, by the injury of time and occasion of the civil troubles of so long continuance within this realm, have suffered great loss and damage in the possession of their goods, lands and livings, all free repair and access to our said sovereign lord's person, council and session and others his majesty's offices being utterly refused to them for expedition of their benefices; and specially the said John Hamilton of Drumry, who, being undoubted feuar of the lands of Craigfudes and Middlefudes, who, by right of his infeftment (albeit unconfirmed by malice of the time), was in possession thereof from the date of the same, which was 10 July 1567, he having made instant suit by his friends offering great sums of money at sundry and diverse times to our said sovereign lord's treasurer to have the confirmation thereof expedited, to the time that Patrick [Adamson], now archbishop of St Andrews, against the duty and professing of his calling, yea, after the said John had obtained the said signature componed and expedited, espying the time proper and commodious to make his conquest upon the said John's rooms and possessions of the said lands of Craigfudes and Middlefudes, set the same again in feu to his own son and spouse and to certain other persons, the said John's greatest enemies for the time, procuring the latest set feus to be first confirmed, that by the act of parliament procured by himself in prejudice of the said John's feu made at Stirling on 25 July 1578, concerning double confirmations of feus, by the which it is provided that the first confirmation of the last feu shall prevail, the first feu latest confirmed the said John's infeftment clad with so long a kindness and possession might be made unprofitable to him forever; and therefore, to the end that such fraud may be disappointed and the said John restored and reintegrated in the right of his infeftment, feu and possession aforesaid, and for many just and lawful impediments which he had to procure his confirmation at any time before, our said sovereign lord, with advice and consent of his three estates of this present parliament, has statute and ordained and, by the tenor hereof, statutes, ordains and declares that it shall be lawful to the said John Hamilton to purchase confirmation of his said feu, and that the same shall be as effectual, valid and sufficient as if the same had been expedited before any other feu set [by]³ the said Patrick, archbishop of St Andrews, to his spouse, bairns or whatsoever other persons, notwithstanding the late act of parliament made concerning double confirmations of feus or whatsoever other law, statute or constitution made in the contrary, concerning the which our said sovereign lord and estates aforesaid dispense thereupon by this act, reserving always to such as have taken any portion of the said lands in feu of the said archbishop, their actions of warranty, according to the law, for repetition of the sums of money received by him for their said feus only; and therefore our said sovereign lord, with advice aforesaid, ordains his highness's treasurer and his deputes present and that shall be for the time to pass confirmation upon the said John Hamilton's feus without any stop or impediment upon his expenses, as appropriate, for the reasons and causes aforesaid well known to our said sovereign lord and three estates, without prejudice of the said act of parliament in any way to others of our sovereign lord's lieges, but that they may possess the benefit thereof notwithstanding the premises.⁴