[1621/6/56]¹

An act in favour of [Robert Maxwell], earl of Nithsdale

Our sovereign lord, with advice of the estates of parliament, having consideration of the causes and crimes for the which the late John [Maxwell], lord Maxwell was forfeited, and that the sentence of forfeiture was not pronounced against him for crimes committed against his majesty's sacred person nor estate of the country (which justly might have closed up the doors of his majesty's favour to the said Lord Maxwell's posterity), and therewith having good proof and experience of the dutiful behaviour, loyalty and affection carried towards his highness and good estate of the country by his majesty's well-beloved cousin and trusty councillor Robert, earl of Nithsdale, lord Carlisle and Eskdale, brother-german to the said late Lord Maxwell, and that his majesty has already by his letters patent under his great seal restored and reintegrated the said Robert, earl of Nithsdale (therein styled Robert Maxwell and Robert, lord Maxwell) to the whole lands, rents, teinds, living, honours, offices and dignities of old belonging to the house of Maxwell, therefore his majesty, with advice and consent of the estates of parliament, ratifies, approves and confirms the three letters patent granted by his majesty under the great seal regarding the restoring of the said earl to his lands, living, teinds, honours, offices and dignities belonging to his predecessors, one thereof dated at Royston, 5 October 1618, the second dated at Newmarket, 13 March 1619, and the third dated at Farnham, 29 August 1620, in every head, article, clause and condition thereof, also and in the same manner as if the said letters patent were inserted herein. Likewise, by the tenor of this present statute, his majesty and the estates of this realm rescind, reduce, cass, retreat and annul the aforesaid sentence and doom of forfeiture led and deduced against the said late John, lord Maxwell in his majesty's parliament held at Edinburgh, the [...] day of [...] 16[...], and find and declare the same to have been from the beginning, to be now and in all time coming of no value, force, strength nor effect with all that has followed or that may follow thereupon, and restore the said earl, his heirs and successors against the same and to all lands, rents, teinds, possessions, honours, offices, dignities and others whatsoever which pertained to the said earl, his predecessors and wherein they were in possession before the said forfeiture also and in the same manner as if the said doom of forfeiture had never been pronounced; and also declare this act to be as effectual to the said Earl of Nithsdale, his heirs and successors for holding, enjoying and possessing of their said lands, teinds, living, possessions, honours, offices and dignities as if the same sentence and doom of forfeiture had been reduced and taken away by way of ordinary action of reduction, concerning which his majesty and estates dispense. And also will and declare this present statute be as effectual for repossessing of him and his foresaids to their said lands, rents, teinds, possessions, honours, offices and dignities as if every particular were inserted herein, and also notwithstanding of any bond, act, statute or constitution made in the contrary, which his majesty and estates aforesaid annul in so far as the same may be prejudicial to this act. And for their better repossessing therein, ordain letters of horning to be directed hereon on a simple charge of 10 days against all and whatsoever persons now possessors of the said lands, rents, teinds, possessions, offices, honours and dignities for repossessing of the said earl and his foresaids therein and to the mails and duties thereof, and that summarily without any further process or action of law, excepting out of hereof the lands conveyed by his majesty by virtue of the said forfeiture to William [Cranston], lord Cranston, Sir John Cranston, his son, Sir Gideon Murray, Sir Patrick Murray, his son, and the lands conveyed to Sir Thomas Penruddocke and to James Maxwell contained in the charter granted to him, dated at Greenwich, 28 June 1621, only, for their good service, which are declared in no way to come under the compass of this present act, nor no former act nor statute, but to remain and be possessed by them and others having their right according to the securities made to them thereupon, and with the whole privileges competent to donators of forfeited lands by the laws and acts of parliament of this realm, to the which this present act annulling the said forfeiture shall make no derogation.