[1594/4/72]¹

Act in favour of [John Fleming], lord Fleming

Forasmuch as by an act made in the parliament held at Edinburgh on 5 June the year of God 1592 it was statute that all actions competent to any person by virtue of the act of repossession made at Linlithgow upon 10 December 1585 should be pursued within a year and a day next after the publication of the said act at the market cross of Edinburgh, with certification that the said space being expired, they should not be heard thereafter; by the which act of prescription John, lord Fleming, and his servants and friends of the name of Fleming who were participant of the troubles past are stayed from pursuing and using of their actions and charges competent to them by the benefit of the act of repossession regarding the restoring of them to such lands, heritages, benefices, pensions, teinds, rooms and possessions as they, their fathers and others their predecessors were dispossessed from by occasion of the said troubles, albeit the said John, lord Fleming, at the time of the making of the said act of repossession and long thereafter was minor, and the evidents belonging to him, his said friends and servants being within the castle of Dumbarton were abstracted forth thereof and dispersed, and but lately come to their hands, through which it would be hard to seclude them from the benefit of the said act of repossession, namely in respect the foresaid act of prescription was only published at the said market cross of Edinburgh and never printed, as also the time of the said prescription was very short, whereby the same is but lately come to their knowledge; therefore our sovereign lord, his estates and whole body of this present parliament have prorogated and prorogate the foresaid act of repossession made at Linlithgow on 10 December 1585 until 1 November next to come, to the effect the said John, lord Fleming, his servants and friends of the name of Fleming may intent, pursue, raise and follow forth all and whatsoever actions, causes, letters and charges competent to them by the foresaid act of repossession for restoring and repossessing of them to all lands, heritages, benefices, pensions, teinds, rooms and possessions whatsoever from which they or any of them or any of their fathers or others their predecessors were dispossessed by occasion of the said troubles in any times bygone, likewise and as freely and in the same manner as the space foresaid contained in the said act of prescription made upon the said 5 June 1592 were not expired or the same act of prescription had not been made, providing always, in case the said lord, his servants and friends of the said name of Fleming intent not, pursue and follow forth the said actions between this and the said 1 November next to come, that they shall never be heard thereafter.