[1592/4/194]¹

Ratification to [James Stewart], earl of Moray of his supersedere

²Our sovereign lord and estates of this parliament, understanding perfectly the great troubles and manifold debts wherein his highness's right trusty cousin James, now earl of Moray, is involved and subject to now in his tender and less age through the decease of the late Dame Elizabeth Stewart, countess of Moray, his mother, and the cruel murdering of the late James [Stewart], earl of Moray, who last deceased his father; and knowing also perfectly that many of their evidents, acquittances and writs requisite and necessary for defence of the actions mentioned below were partly burnt in the place of Donibristle the time of the said murder, partly spuilzied and taken away with diverse jewels and costly furnishing after his said late father's slaughter out of the places of Darnaway in Moray and Castle Doune in Menteith, and otherwise dispersed in the country, that the said James, now earl of Moray, nor his friends can have no knowledge where the said writs and evidents are or may be found; and herewith considering that the most part of the said earl of Moray's lands, rents and living have fallen, are and will continue in ward in our sovereign lord's hands and his donators until the said James, now earl of Moray, be of 21 years of age complete, by occasion of the which he will not be able to defend against the said actions, nor to satisfy the great decreets that in default thereof may follow thereupon during his said less age and minority, so that if the said actions be suffered to pass forward and proceed against him before his perfect age above-mentioned, it shall follow, without fail, that the said earl, with his whole living, rents and heritage shall be entirely ruined; for remedy whereof, and since it becomes our sovereign lord to see the said earl with his lands and heritage carefully defended and preserved from such utter decay during the time of the said ward, therefore, and for sundry other weighty causes and considerations very reasonable presently known by his majesty and estates above-mentioned, they, by the tenor hereof, ratify, approve, allow and admit a letter of supersedere given and granted by his majesty under his privy seal of the date at Holyroodhouse, 27 May 1592 instant, superseding and discharging all actions intended or to be intended against the said James, now earl of Moray, as heir to his said late father or mother, or as successor in any manner of way to them, or any others of his predecessors by whatsoever person or persons, for the space of two years after the day and date hereof, in all points, articles, clauses and contents thereof after the form and tenor of the same; which our sovereign lord and estates foresaid decree and ordain to be observed, obeyed and kept in all points during the said space of two years; and all that shall be done or proceeded in the contrary thereof to be null and of no value, likewise they for the more security and causes above-rehearsed of new, by this present act, supersede and discharge all the said actions intended or to be intended against the said James, now earl of Moray, as heir and successor above-rehearsed, or as charged to enter as heir to his said late father and mother, or either of them, or to any of his said predecessors, by whatsoever person or persons and for whatsoever causes or occasions during the said space of two years; and by the tenor hereof inhibit and discharge the lords of session and all commissaries, sheriffs, stewarts, provosts and bailies of burghs, bailies of regalities, other bailies, and all and sundry other judges within this realm, as well spiritual as temporal, of all summoning, arresting or proceeding in any manner of way against the said James, now earl of Moray, as heir or successor above-mentioned, or yet as charged to enter heir as said is, in any of the actions above-mentioned during the space and years above-written, discharging them thereof and of their offices in that part during that same space, notwithstanding of whatsoever acts of parliament, laws, constitutions, practices or decisions made or pronounced in the contrary, with which his majesty, with the estates foresaid, dispenses regarding the premises by the tenor hereof, with certification to all and sundry the said judges that if any of them does or proceeds in the contrary to the tenor of this present act, all that they [do]³ therein shall be in that case, and by the tenor hereof is decreed and declared to be null and of no value, and as need be ordain letters of publication and charges for observing hereof under the pain of horning to be directed hereupon in due form as appropriate.