[1592/4/158]¹

Act in favour of the heirs of Euphame MacCalzean, containing an exception for the lands of Cliftonhall and another exception to Master John Nicolson, advocate

²Our sovereign lord, understanding that the late Euphame MacCalzean, daughter and heir to the late Master Thomas MacCalzean of Cliftonhall, was lately for certain crimes of witchcraft and treason allegedly committed by her convicted and forfeited in a justice court held at Edinburgh, in the month of [...] 1591; notwithstanding whereof, his majesty touched in honour and conscience and now being of mind that the said forfeiture and conviction should in no way hurt or prejudice her posterity, namely: Martha, Elizabeth and Euphame MacCalzean, her daughters and apparent heirs, in their worldly honour, name, fame, estimation and right of succession to whatsoever lands, heritages, annualrents, tacks, steadings, rooms and possessions whereto they, or either of them, may succeed, or have succeeded as daughters and heirs to their said mother, or to the late Master Thomas MacCalzean, their grandfather, or either of them, but that they and their heirs may hold, enjoy and possess their said lands and heritages, and succeed therein to their said late mother and grandfather and others of their predecessors as if the said late Euphame had deceased naturally, and that the said pretended forfeiture had never intervened; therefore, his majesty, with advice of the estates and whole body of this present parliament, has restored and rehabilitated and presently restores and rehabilitates the said Martha, Elizabeth and Euphame MacCalzean, daughters and heirs foresaid, against the said pretended conviction and forfeiture with all penalties and sequels depending thereupon, and to their worldly honour, name, fame and right of succession foresaid as if such forfeiture had never intervened. Likewise his majesty and estates foresaid decree and ordain that the same forfeiture, with the pretended process whereupon the same proceeded, shall never be used in judgement nor outwith judgement, and reduce, retreat, makes void and annul all and whatsoever deduced relating thereto, decree and declare the same to have been from the beginning, both presently and in all time coming, null and of no value, force nor effect, with all that has followed, or may follow thereupon, and for his highness and his successors, renounce and discharge all action, pursuit or instance that may be competent by virtue of the said sentence and doom of forfeiture; and likewise, reduce, retreat etc. all gifts and dispositions, infeftments, charters, precepts, instruments of sasine, presentations and others granted to whatsoever of his highness's lieges of any part or portion of the said late Euphame's lands or heritage to burgh or land, falling or depending upon the said pretended forfeiture, or to the right of whatsoever reversions, tacks, steadings, rooms or possessions pertaining to the said late Euphame; and will and declare that it shall be lawful to the said Martha, Elizabeth and Euphame MacCalzean, bairns, daughters and heirs foresaid, to enter thereto freely, without obstacle or impediment, by brieves of his highness's chapel or otherwise according to the law. And finally his highness, with advice foresaid, ordains the memory of the said pretended forfeiture to be damned and put in oblivion forever, providing always that Patrick MacCalzean, spouse to the said late Euphame, be satisfied by the said daughters and apparent heirs of the said late Euphame of the sum of 5,000 merks paid and delivered by the said Patrick to our said sovereign lord and his highness's donator for the gift of forfeiture of the said late Euphame. And for the said Patrick's better security, our said sovereign lord and estates foresaid decree and ordain the said daughters and apparent heirs foresaid to content, pay and thankfully deliver to the said Patrick, their father, the said sum of 5,000 merks, paid and delivered by him in manner foresaid, so that the said sum be taken upon the said late Euphame's heritage by the said daughters and apparent heirs, with consent of the said Patrick; excepting and reserving the lands of Cliftonhall, with the mill, mill lands, houses, buildings and pertinents thereof, to Sir James Sandilands of Slamannan, knight, his heirs and assignees provided thereto by his majesty, as fallen in his highness's hands by reason of escheat through the said process and doom of forfeiture led against the said late Euphame MacCalzean, to stand in the same strength, force and effect as if this restitution had never been granted, so that the said Sir James, his heirs and assignees, may possess the said lands of Cliftonhall, mill, mill lands and pertinents thereof by virtue of his infeftment granted to him of the same upon the forfeiture of the said late Euphame in all time coming; and also reserving to the said Sir James and his foresaids all action, interest and claim which the said late Euphame had against Master Henry MacCalzean and all others whatsoever, for redemption of the said lands of Cliftonhall, mill, mill lands and pertinents thereof, and all other action which was competent in her person against the said Master Henry for the said lands and profits thereof, both bygone and to come, in any other manner of way, to be pursued, called and obtained by the said Sir James and his foresaids, likewise and in the same manner as the said late Euphame might have done in her lifetime before the said forfeiture; and also excepting and reserving the servitude, the higher dwellings [are] not to block the views and impede the windows, constituted and imposed upon a tenement of land now pertaining to Master John Nicolson, advocate, lying within the burgh of Edinburgh upon the north side of the King's Street thereof, made and granted by whatsoever heritors and proprietors thereof to the said late Master Thomas MacCalzean, father to the said late Euphame, or to whatsoever other of his predecessor heritors of the tenement or tenements of land within the said burgh, lying upon the north side of the King's Street thereof, and contiguous and adjacent to the said Master John Nicolson's lands upon the east side thereof, and all other servitude whatsoever which the said late Master Thomas, Euphame, his daughter, and whatsoever other of their predecessor heritors of the said land, might or may in any way acclaim to be imputed and constituted upon the said Master John, his house, tenement of land, yard thereof and pertinents by virtue of any contract, bond or obligation or by whatsoever other manner of way. Which constitution, bond or obligation, or whatsoever other right of servitude imposed upon the foresaid tenement and others foresaid, our said sovereign lord and estates above-written make void, annul and discharge simply, and decree the same to be of no value, force nor effect in all time coming, so that the said Master John, his heirs and successors shall have homes free from all servitude that may be acclaimed thereof in any manner of way by the said Patrick and his said two youngest daughters, and by the said Martha and Master David Ogilvie, her spouse, in any time hereafter, to the which exceptions and reservations particularly foresaid made, as well in favour of the said Sir James Sandilands as of the said Master John Nicolson, the said Patrick MacCalzean, spouse to the said late Euphame, for himself and as father and lawful administrator to the said Elizabeth and Euphame MacCalzean, his two youngest daughters, as also the said Master David Ogilvie for himself and in name and on behalf of Martha MacCalzean, his spouse, consented and agreed.