Legislation: private act
2Regarding the posterity of Francis [Stewart], sometime earl of Bothwell

Our sovereign lord, moved to conceive a vehement suspicion against the posterity of rebels forfeited for their treasons attempted against his majesty's person and estate by the perilous experience of the horrible and desperate treason lately enterprised against his majesty's own life by the late John [Ruthven], earl of Gowrie and the late Master Alexander Ruthven, sons of the late William [Ruthven], earl of Gowrie, who, being infinitely obliged to his highness's clemency in so far as forgetting the many and great treasons committed against his highness by their said late father, of his princely grace and favour, restored them to their same dignity, living and integrity of their former estate, yet being unmindful of so many and great benefits, and following the treasonable example of their said father for revenge of his just and lawful execution to the death for his treasonable demerits, enterprised desperately and vilely to murder his majesty, their native prince; therefore, for preventing of the like occasions, our said sovereign lord, with advice and consent of the estates of this present parliament, statutes and ordains that the bairns and posterity of Francis, sometime earl of Bothwell and James Douglas, sometime of Spott, shall never be able nor capable in any time coming to hold, enjoy or possess any benefices, offices, lands, heritages, tacks, steadings, rooms, possessions, successions, goods or gear, moveable or immoveable, within this realm but that our said sovereign lord by himself and others having his right to the said lands, benefices, offices, goods or gear has and in all time coming shall have full and undoubted right to the same as fully in all respects as the said rebels and their bairns and posterity had or might have had or claimed to the same or any part thereof at any time bygone or to come. And seeing our said sovereign lord has gratified diverse of his most faithful servants who have given best proof of their true affection to his highness's service in resistance, pursuit, banishment or slaughter of the said traitors and their accomplices with the recompenses of their service out of the said forfeited traitors' lands and possessions by heritable infeftments, pensions and otherwise, to the effect his good subjects may be the better encouraged to expose their lives in defence of his royal person and authority and pursuit of his rebels and traitors in time coming, therefore his highness and estates foresaid statute and ordain that if it shall happen hereafter his highness or any of his successors to grant their pardon, grace, remission or restitution to any of the said forfeited rebels or their posterity, heirs or successors foresaid, the same shall in no way be extended to the lands, heritages, benefices, offices, possessions and others pertaining of before to the said rebels, their bairns or posterity and conveyed by his highness to any of his faithful servants in recompense of their good service but that the same shall perpetually remain with them, their heirs and successors as a due recompense for their loyalty, notwithstanding of any grace, pardon, remission or restitution in any way to be granted to the said traitors or any of them in time coming.

  1. NAS, PA2/16, f.20r-v.
  2. 'P' written in margin beside heading.