[1587/7/71]¹

Ratification of the pacification, restitution and abolition granted to our sovereign lord's lieges at diverse parliaments before etc.

²Our sovereign lord, of his natural disposition, being at all times most careful to unite the whole hearts of his subjects, that his nobility, estates and common people at all times might be the more bent in his service for the advancement of the realm, has in good effect declared his intention in no way to enrich his crown with the damage of his subjects, nor that any of them against others for any variance fallen out in his highness's minority and less age should have any manner of strife hereafter, wherefore his highness and his three estates in his parliament held at Linlithgow, in the great hall of the palace thereof, on 10 December 1585, for great and weighty considerations tending to the general peace and quietness within this realm, retreated, rescinded and reduced whatsoever processes and dooms of forfeiture, sentences criminal and penal, led and given against whatsoever persons for the alleged offences contained in the said processes and sentences and for whatsoever others causes and alleged crimes done or that might be alleged to have been committed since his majesty's coronation, or that are contained in the said sentences of forfeiture led since his majesty's coronation, at whatsoever time the said crimes are alleged to be committed before, with all that followed or may follow thereupon; by the which restitution, the said persons forfeited, denounced rebels and put to the horn, or that were in any other way troubled, so many of them that were departed this life, were, by our said sovereign and his said three estates, fully reintegrated and restored in its entirety to their lands, heritages, rooms, possessions, benefices, pensions, offices, and to their honour, dignity and fame, likewise and in the same manner as if the said sentences had never been given. And further, our said sovereign lord, with advice of his said three estates of parliament, by a general abolition discharged all actions, criminal and penal, which might be competent to his highness's self for his own proper interest, as also that might result between his subjects of whatsoever quality upon any common cause of discontent of the estate offered in his highness's minority and less age, as in the said general acts of restitution, pacification and abolition at more length is contained, which acts and constitutions of parliament, and every one of them, our said sovereign lord and his three estates of this present parliament have of new advisedly seen and considered its every point and circumstance thereof, and find and declare the same to have been and to be made for the good of our sovereign lord, the preservation of his estate and for most just, necessary and profitable causes to the whole realm and for the quietness of all his highness's lieges; and therefore, his highness and three estates of this present parliament have ratified, approved and affirmed, likewise our said sovereign lord, with advice of his said three estates, by this act, for himself and his successors, ratifies, affirms and perpetually approves the same act of restitution, pacification and abolition of the date above-specified in all points, heads, articles, clauses and circumstances thereof, without any manner of exception, either of persons or crimes (except as shall be excepted in this present act). And further, by the authority of this present parliament, our said sovereign lord, with advice of his said three estates, after his perfect age as said is, of new reduces, rescinds, abrogates and annuls all and sundry the said dooms of forfeiture, sentences criminal and penal, all infeftments and dispositions of lands, heritages, rents, offices and benefices proceeding thereupon and that might or may be comprehended under the said general restitution, pacification and abolition made at Linlithgow the time aforesaid, or that may be comprehended in the first pacification concluded at Perth on 23 February 1572 [1573], ratified and approved in the parliament held thereafter at Holyroodhouse on 30 April 1573; which, and every particular, our said sovereign lord and his three estates hold as expressed herein and ordain the same to have full effect and force since the return of [Mary], late queen, his majesty's dearest mother, in this realm on 19 August 1561, to be at length inserted in this present act if need be.

And moreover, our said sovereign lord, to put all his lieges in full assurance, with advice of his said three estates of parliament, has retreated and rescinded and, by the tenor hereof, retreats and rescinds all and sundry processes of forfeiture led against whatsoever persons from the day of the arriving of our sovereign lord's late dearest mother within this realm, which was on 19 August 1561, to the day of his highness's coronation, and declares the same to be of no value, force nor effect with all that followed or may follow thereupon, except the special processes and sentences of forfeiture after-specified, which shall remain and abide in their own force, notwithstanding the premises: they are to say, James [Hepburn], sometime earl of Bothwell, James Ormiston, sometime of that Ilk, and all others yet alive who have been forfeited for art and part of the murder of [Henry Stewart, lord Darnley], his highness's late dearest father.

Excepting also the crimes underwritten committed by whatsoever person or persons, to wit, wilful murders or slaughters, fire-raising, burning of corns and houses, hoching³ of oxen, breaking of ploughs, oppressions, plunder, ejections, intrusions and all other actions and suits, criminal and civil, whatsoever proceeding between person and persons upon their particular motions or interest and not following, not depending upon the common causes whereupon discontent fell out upon the government and estate.

Excepting also the crimes underwritten, to wit, theft, incest, witchcraft, ravishing of women, striking, bringing in and putting out of false coin, manslaughter in houses, in the highway or passage or beside the same, not depending upon the common cause as said is. And also, reserving to our sovereign lord's treasurer, comptroller and collector general and others, his officers, their suits and actions for his highness's property, casualties and thirds of benefices resting to his highness and for whatsoever jewels, garments, goods moveable and unmoveable pertaining to his highness's dearest mother or to himself.

And also excepting all other crimes, actions, matters, clauses and offences between private parties upon their own private causes, in no way proceeding and following upon the said common causes, which are in no way meant to be comprehended in this act; and therefore it shall be lawful for the parties that are offended to pursue their actions thereupon as freely as they might have done before whatsoever act or constitution made in the contrary notwithstanding.

And likewise our said sovereign lord and three estates in parliament have rescinded, reduced, called, retreated and annulled and, by the tenor hereof, rescind, reduce, abrogate, retreat and annul all and sundry renunciations, translations of right, dispositions of lands, rooms, heritages and possessions, offices, benefices or other goods and gear whatsoever made by whatsoever persons forfeited since our sovereign lord's coronation, the said processes of forfeiture standing against them and before they were fully restored, contrary to the same, or by whatsoever person or persons which were summoned to be forfeited, and, for fear of the said summons and sentence to follow thereupon, made any renunciation, translation, right, title or disposition of any their lands, rooms, possessions, heritages, offices and benefices to whatsoever person or persons with all obligations made by them, their cautioners and sureties whatsoever, by the which they were bound and obliged to warrant their said renunciations, translations and dispositions and never to come in contrary thereof.

And likewise our said sovereign lord, with advice of the said three estates of parliament, retreats, rescinds, abrogates and annuls all bonds and obligations made by whatsoever persons which were troubled for the said common cause or any occasion following or fallen out thereupon to whatsoever persons which indicted or dilated them of crimes and offences, sought and procured their forfeitures or deprivation from their offices or benefices, or the escheat of their moveable goods, and for eschewing of that inconvenience were moved to give the persons which troubled them obligations of sums of money or to do any other good deed for safety of them from the said greater inconveniences at that time; and decrees and declares that the principal party, their cautioners and sureties aforesaid, their heirs, executors, successors and assignees are and shall be in time coming acquitted and free of the aforesaid contracts, bonds, obligations and all action and penalty that may follow thereupon; and these two clauses to extend to all things done since his majesty accepted the government of the realm in his own person only, providing always that such as are excepted from the benefit of this present act whose names are before declared shall have no benefit of this provision, but the renunciations, translations, rights and dispositions made by them to stand in their own strength, force and effect.

Be it always understood that notwithstanding the restitution of John [Leslie], bishop of Ross, according to the general act, our sovereign lord, with advice of his three estates, wills and grants that James [Ruthven], earl of Gowrie and Dame Dorothea Stewart, his mother and tutrix, use and possess the teinds of the parish of Tarbert, according to their tack, until they be satisfied thereof at his majesty's sight and his chancellor's; and likewise that William Keith shall possess his pension to the time he be satisfied, as is before said, or that his majesty's will be declared thereupon.

Be it always understood that albeit William [Chisholm], bishop of Dunblane be comprehended under the act of general restitution, that notwithstanding the same shall in no way be extended in his favour until he has satisfied John [Graham], earl of Montrose, Alexander [Livingston], master of Livingston and others, the said earl's friends, by the sight of his majesty, his chancellor, justice clerk and Sir Robert Melville [of Murdocairnie], treasurer depute.

Item, our sovereign lord, with advice of the three estates in this present parliament, has declared and, by the tenor hereof, declares that the benefit of pacification, restitution and abolition made and granted in favour of John Mossman, goldsmith and burgess of Edinburgh, at any time heretofore, or that shall happen to be made and granted in his favour at any time hereafter, shall in no way be extended to the lands of Longhermiston, Currie and mill thereof, nor to any annualrents out of the same which pertained to the said late James Mossman, lying within the sheriffdom of Edinburgh principal, but that the said lands, annualrents and others above-written, with their pertinents, shall appertain to our said sovereign lord and his highness's successors as fallen and coming in his highness's hands through the process and doom of forfeiture led and deduced against the said late James Mossman, goldsmith, to be used and conveyed by his highness and his successors in all time coming at his pleasure, notwithstanding whatsoever pacification, restitution, abolition or other act of parliament granted or to be granted that may be extended or interpreted in the contrary, which our said sovereign lord in that part expressly revokes, abrogates and declares to be null and of no value. Likewise his highness, with advice aforesaid, revokes, abrogates and annuls all infeftments, gifts, dispositions made by his highness of the said lands and annualrents, with their pertinents, to whatsoever person or persons at any time heretofore preceding by reason of the said forfeiture or by whatsoever other manner of way, with all that has followed or may follow thereupon.

Item, our sovereign lord, with advice of the three estates in this present parliament, has declared and, by the tenor hereof, declares that the benefit of pacification, restitution and abolition made in favour of the bairns and heirs of the late Patrick Whitelaw of that Ilk at any time heretofore, or that shall happen to be made and granted in their favour at any time hereafter, shall in no way be extended to the lands of East Fenton, commonly called Fenton Tower of Oversydserf, with the tower, fortalice, manor places, houses, buildings, yards and pertinents of the same whatsoever, lying within the constabulary of Haddington and sheriffdom of Edinburgh, but that the said lands and others above-written, with their pertinents, shall pertain to his highness and his successors as fallen and coming in his hands through the process and doom of forfeiture led and deduced against the said late Patrick Whitelaw of that Ilk, to be used and conveyed by his highness and his successors in all time coming at his pleasure, notwithstanding whatsoever pacification, restitution, abolition or other act of parliament whatsoever granted or to be granted that may be extended or interpreted in the contrary, which his highness in that part expressly revokes, abrogates and declares to be null and of no value. And that our sovereign lord, with advice aforesaid, revokes, abrogates and annuls all infeftments, gifts and dispositions made by his highness of the said lands, tower, fortalice and others above-written, with their pertinents, to whatsoever person or persons heretofore preceding by reason of the said forfeiture or by whatsoever other manner of way, with all that has followed or may follow thereupon.

Providing always that this general restitution, reduction and annulling of forfeitures and general pacification shall in no way be extended to any goods, rooms, tacks, steadings or possessions presently appertaining to Sir Walter Ogilvy of Findlater, knight, or that were conveyed to the late James Ogilvy of Findlater, his grandfather, by the forfeiture of the late Sir John Gordon of Deskford, knight, either held of his highness and his successors or of whatsoever other superiors by his highness's or his predecessors' letters of presentation directed to them, but that the said infeftments shall stand in full form, force and effect to the said Sir Walter and his heirs in all time coming, according to the tenors thereof and according to the decreet arbitral given between George [Gordon], earl of Huntly, grandfather to George [Gordon], now earl of Huntly, and the said late Sir John Gordon of Deskford, knight, his son, with consent of the said George, earl of Huntly, his father, as lawful administrator to him, on that one part, and the said late James Ogilvy of Findlater, grandfather to the said Sir Walter Ogilvy of Findlater, knight, on that other part, by the late Mary [of Guise], queen dowager and regent of this realm, and certain noble and honourable persons chosen by the said parties, of the date 21 May 1556; and also another decreet arbitral given between the late George, earl of Huntly that last deceased, Adam Gordon of Auchindoun, his brother, and the said James Ogilvy of Findlater, by certain honourable judges chosen by the said parties and the late queen, our sovereign lord's dearest mother, as arbitrator and overswoman, of the date 23 March 1566 [1567], and registered in the books of council on 18 April 1567, and according to the ratification of the said decreets made by Master James Gordon, father's brother to George, now earl of Huntly, of the date at Elgin on 27 July 1586, and registered in the books of council on 10 May 1587; the which decreets and ratification thereof aforesaid, together with the said infeftments granted to the said late James Ogilvy of Findlater, our sovereign lord and three estates in parliament ratify, approve and perpetually confirm in all points, so that the said Sir Walter Ogilvy, now of Findlater, and his heirs may peaceably possess and enjoy all lands, heritages, baronies, offices, tacks, steadings, rooms, possessions, mills, multures, fishings, woods, forests and others whatsoever contained and specified in the said infeftments, or the said decreets arbitral, or that he presently possesses and uses, or in the which he is any way infeft, which may be annulled or taken away by the annulling of the said forfeiture, notwithstanding this present act and as freely and peaceably in all respects as the said act had not been given and granted.

Our sovereign lord and three estates of parliament ratify and approve the act made of before in the parliament held at Linlithgow, in the great hall of the palace thereof, on 10 December 1585, touching the decreet of redemption of the lands of Woodhouselee, with their pertinents, lying within the sheriffdom of Edinburgh, and others contained in the said decreet by Sir Lewis Bellenden of Auchnoull, knight, justice clerk to our sovereign lord, as the said decreet in itself at more length purports, in all clauses, heads and circumstances of the same, notwithstanding any act or constitution, general or particular, made in this present parliament in the contrary.