Act in favour of [Margaret Balfour], lady Burleigh and her bairns

2Our sovereign lord and his three estates of parliament have at length seen, considered and understood the act made in the parliament held at Holyroodhouse on 30 April 1573, containing the grant of the pacification then concluded and ratified in parliament concluded at Perth on 23 February 1572 [1573], and ratified in parliament held in the same month of April 1573, to the late Sir James Balfour of Pittendreich, knight, and also his highness's letters under the great seal of the date at Holyroodhouse on 21 December 1583, and likewise a decreet, ordinance and declaration made and given by our sovereign lord and lords of his highness's secret council of the date at Holyroodhouse on 24 January 1583 [1584] aforesaid, declaring and decreeing the signature upon the which the said other letter under his highness's great seal passed to have been justly and orderly granted and ordaining the same to be inserted in the books of secret council and to have the strength of a decreet thereof, and also ordaining the said signature and letter to be passed and expedited through the seals as the same was directed according to the order used in such cases, as the said ordinance, decreet and declaration of the date aforesaid at more length bears; together with the other act made in our sovereign lord's parliament held at Edinburgh on 22 May 1584, and another act made in the parliament held in the great hall of the palace of Linlithgow on 10 December 1585, ratifying and approving the act immediately preceding, all tending to this effect: that our said sovereign lord, with advice of his secret council and three estates of parliament, decreed and declared that the process and sentence of forfeiture led against the said late Sir James for the alleged crimes therein contained, was duly and orderly retreated by the said pacification made and accorded upon at the burgh of Perth on 23 February 1572 [1573], and ratified and approved in the said parliament held at Holyroodhouse on 30 April 1573, and that the said late Sir James, from the time of the reduction thereof to his decease, abiding and remaining our said sovereign lord's loyal and dutiful subject, and therefore that his bairns and his posterity should not be hurt nor harmed by the said process and doom of forfeiture led and given against him nor by act made in our sovereign lord's parliament held at Edinburgh in October 1579, by the which the said late Sir James's bairns and posterity were declared to be unable to possess heritages, honours, lands, rooms or possessions within this realm for the causes and reasons contained in the said acts, letters, decreet and ordinances; which all and sundry acts, and every one of them, in so far as the same might concern the bairns and posterity of the said late Sir James, our said sovereign lord and his said three estates of parliament decreed and declared to have been and to be of no value, force nor effect; as also our said sovereign lord and his three estates of parliament, by the tenor of the said act of the date at Edinburgh on 22 May 1584, ratified and approved in the said parliament held at Linlithgow on 10 December 1585, decreed and declared that the said bairns and posterity of the said late Sir James are and shall be able to possess and enjoy all lands, heritages, rooms and possessions acquired or to be acquired by them and others to the which they may succeed by their said late father, their mother or any of them, or whereunto every one might succeed as heirs to others or to whatsoever other persons, likewise and as freely as any other our sovereign lord's lieges may conquest and acquire lands, rooms, heritage and possessions or succeed thereto within this realm. And further, his highness, with advice and consent aforesaid, for him and his successors, renounced and discharged the actions that his grace might have or pretend against the said late Sir James, his memory, heirs and posterity for the causes contained in the said sentence of forfeiture, as is more amply contained in the said letter, under the great seal, of the date of 21 December 1583; which letter, decreet and declaration our said sovereign lord, now after his perfect age of 21 years complete, ratifies, approves and, for him and his successors, perpetually confirms, willing and granting that the whole tenors thereof be held as expressed in this present act, and ordains the same to be at length engrossed therein, if need be, which his highness and his three estates of parliament in points, clauses and circumstances thereof affirm to be veritable and true and that they shall be of sufficient force and effect in all times hereafter. As further, his highness and three estates of this present parliament of new have retreated, rescinded, abrogated, reduced and annulled and, by the force of this present act, of new retreat, rescind, abrogate, reduce and annul the said pretended process of forfeiture led against the said late Sir James, with whatsoever acts following thereafter disabling his bairns and posterity, with all that has followed or may follow thereupon, and by this act decree and declare them and their successors to be as able to possess lands, honours, heritage, rooms and possessions within this realm by conquest or succession as any others may within the same and as if the said pretended process of forfeiture had never been led and as if the said acts made in hurt of his posterity had never been made. In like manner, our said sovereign lord, with express advice of his said three estates of parliament, now after his said perfect age, of his proper motive and certain knowledge, of new renounces all action, suit, claim and challenge that his highness, his predecessors, himself and his successors had, has or might have or any way in time coming may pretend against the said late Sir James, his memory, his widow, bairns and posterity, their lands, heritages, goods, gear, rooms and possessions for the alleged crimes contained in the said process of forfeiture, or for any other action or cause bygone, which our said sovereign lord for him and his successors simply renounces and discharges in all time coming.

  1. NAS, PA2/13, ff.131v-132v.
  2. 'P.' written in margin.