[1587/7/100]¹

Act in favour of Claud [Hamilton], commendator of Paisley for Cambuslang

²Forasmuch as in the parliament held at Linlithgow in the month of December 1585, our sovereign lord and three estates of parliament then convened, for extinction of all factions, sedition and strife fallen out by civil troubles that had occurred within this realm since his highness's coronation, and for other very good and necessary causes contained in the act of pacification made thereupon, decreed, declared and ordained not only that the persons forfeited of before during the said troubles, so many as are alive, and the heirs of them which are deceased, and all others dispossessed of their possession, which they and their predecessors had before respectively the forfeitures led against them or trouble moved to them in their livings and the beneficed persons, to be restored and repossessed likewise to their benefices, notwithstanding whatsoever decreets and sentences intervening that might appear to impede the full effect of the said repossession, but also decreed, declared and ordained that all and sundry persons yet alive which were provided to benefices and pensions and were debarred from there by sentence of forfeiture or barratry etc., shall be restored in its entirety to their said benefices and pensions; and then his highness and estates aforesaid retreated and reduced whatsoever provision thereof to any other persons by reason of the said sentences, and restored the said persons first provided and debarred from there in its entirety to the said benefices and pensions and in the same estate and case wherein the same were before the said sentences, etc., as the same act of parliament at more length purports; notwithstanding whereof, many of the said beneficed persons' provisions, rights, titles and other evidences, as well of their benefices as of their lands, being omitted, lost or destroyed through their absence and troubles aforesaid at the times of the apprehension, downcasting and plundering of their houses and fortalices, or otherwise by the said troubles, other persons in their absence craftily obtained and procured new provisions and other pretended titles of their said benefices to which the said persons, purchasers thereof, never had any right, title or provision of before, and thereby have moved great question and lawsuit against the forenamed persons dispossessed by the said troubles in their said benefices, which will not fail to tend to their great hurt unless timely remedy be provided. And forasmuch as it is well known that Lord Claud Hamilton, commendator of Paisley, was provided to the parsonage and vicarage of Cambuslang and was in possession of the same and whole teinds, fruits and emoluments thereof as parson of the same, so reputed and held by the space of seven years and more preceding the pretended doom of forfeiture led against him in the said last troubles, and also his rights, titles and provisions thereof so scattered, lost and dispersed by his absence and troubles aforesaid that he cannot, after sufficient diligence, find the same again, through which Master John Howison, minister, procured and obtained from the kirk or otherwise some presentations, gift, disposition and provision of the said parsonage and vicarage of Cambuslang during the said Lord Claud's absence and troubles above-mentioned, and thereby daily has moved action and controversy against the said Lord Claud Hamilton for the same. For remedy whereof, our said sovereign lord and three estates of parliament retreat, rescind, abrogate and annul all and sundry presentations, gifts, provisions, admissions, institutions and other titles whatsoever made or granted to the said Master John Howison or any others of the said parsonage and vicarage of Cambuslang during the time of the said forfeiture, banishment or absence of the said Lord Claud Hamilton, whereof the said Lord Claud was in peaceable possession as titular thereof, so held, reputed and commonly esteemed without contradiction of any other having or pretending title to the said parsonage and vicarage by the space of seven years immediately before he was dispossessed from there by the said troubles and forfeiture, without interruption, and whereunto the said Master John Howison had never any right, title nor provision before the same troubles, with all decreets following or that may follow thereupon; and in that case our said sovereign lord and estates of parliament decree and declare that the said Claud, commendator of Paisley, as he who was forfeited and dispossessed and seven years of before in peaceable possession as said is, without interruption, as held, reputed and esteemed titular of the said benefice of Cambuslang, the premises being verified and proven, shall never be bound in times coming to show any provision or other title of the said parsonage and vicarage of Cambuslang, neither in pursuit nor defence of any actions concerning the teinds, fruits and rents thereof, but to possess the same as founded in common law, without further question or contradiction during his lifetime as he did before the said forfeiture led against him and before he was dispossessed as said is.