Act annulling the bonds and contracts of persons being in captivity

2Our sovereign lord and estates of this present parliament declare that, understanding sundry of his highness's true and faithful subjects during the time of the late troubles within this realm have been moved during the time that they were detained and kept in captivity to renounce their heritages, tacks, possessions, and to convey and assign their rights of wards, non-entries, reliefs and marriages to sundry persons to their great hurt and prejudice, and also remembering of the great injuries done to sundry of them in the year of God 1584, by warding of their persons either within his highness's proper castles and strengths upon the desire and suit of their parties or within the proper castles and houses of such persons who, taking occasion of the troubles then being within this realm, sought by all means to cause such persons committed to ward to renounce their heritages, lands and possessions in their favour expressly against all law and good conscience; for remedy whereof our said sovereign lord, being of mind to redress the said enormities and to relieve his subjects, their heirs, successors, executors and cautioners of all contracts, obligations, renunciations or ratifications thereof made by any of his faithful lieges in the said year of God 1584 during the time of their remaining in ward, or at any time thereafter in the said year of God 1584, until his highness's parliament held upon 29 July 1587 at his perfect age of 21 years, in favour of the persons by whose means they were committed to ward, or in favour of the persons in whose proper cause they are warded, kept and detained by them, their servants and dependants in their names; therefore, our said sovereign lord, with advice and consent of the said estates and whole body of this present parliament, finds, decrees and declares all and whatsoever contracts, bonds, obligations, renunciations, ratifications or approbations thereof made by whatsoever person or persons within this realm, their bairns or cautioners upon the right of their lands, heritages and possessions to and in favour of whatsoever person or persons by whose means they were committed to ward, or in whose proper house they were warded, kept and detained therein or in any other house pertaining to their servants or dependants enduring the time of their being in ward or at any time thereafter in the said year of God 1584, and until the said parliament held in July 1587, to be null and of no value, force nor effect, and retreats, makes void and annuls the same to the effect that in all time coming the said persons yet alive and the heirs and successors of them that are deceased may peaceably possess their said heritages, lands, annualrents and possessions, in the same way and as freely as if the said contracts, bonds, renunciations and ratifications thereof had never been made. And also, his majesty and estates foresaid retreat, rescind, make void and annul all and whatsoever renunciations, dispositions, alienations, assignations and translations made by whatsoever person or persons to, and in favour of, whatsoever person or persons of lands, tacks, possessions, gifts of wards, marriages and reliefs or any of them during the time that the said makers and granters thereof were detained and kept in ward; and find, decree and declare the same renunciations, dispositions, alienations, assignations and translations to have been from the beginning, to be now and in all time coming null and of no value, force nor effect; providing always that no person or persons be heard to use the benefit of this act to the time that they refund such sums of silver to the persons from whom the same was received, which were truly, really and with effect paid and delivered for making of the said renunciations, dispositions, assignations and translations; and that this act be not extended to the bonds and sureties made by borderers or highland or isles men for their obedience and payment of his highness's rents.

  1. NAS, PA2/14, ff.31v-32r.
  2. Written twice in margin: 'P'.