[1581/10/116]¹

Benefite of pacificatioun grantit to umquhill Williame Kircaldie of Grange, knicht

Oure soverane lord, with advise and consent of the thrie estatis of this present parliament, for diverse considerationis moving thame tending to the quietnes of this realme, universall obedience of his hienes to be followit and obeyit, hes gevin and grantit and, be the tennour heirof, gevis and grantis the benefite and libertie of pacificatioun to umquhile William Kircaldie of Grange, knycht, maid and concludit at Perth, the xxiij day of Februar, the yeir of God j^M v^C lxxij yeris, and ratefeit and apprevit thairefter in parliament in the moneth of Aprill nixt thairefter in the yeir of God j^M v^C lxxiij yeris, and willis the samyn to be als amplie extendit in favouris of the said umquhill Sir Williame and to his airis maill and provisioun as to his airis of lyne in all respectis, conditionis, clausis and circumstanceis thairof as he had bene speciallie comprehendit thairin and alsua as gif he wer now in lyf, and siclike, with advise foirsaid, willis and grantis that the said pacificatioun be maist amplie interpret and extendit to the said umquhill Sir William now, as gif he wer on lyfe in this mortall lyf, and to his apperand airis, alsweill maill taillie as of lyne, in thair awin rank and respectis to succede to him be provisioun, or utherwayis thair airis and successouris in all clausis thairof, as said is, and speciallie that this present act of parliament, according to the said pacificatioun, be sufficient to rescind and retracts, likas our said soverane lord, with advise of the thrie estatis foirsaidis, be thir presentis, rescindis and retractis the proces and dome of foirfalture led and deduceit aganis the said umquhile Williame, in the moneth of [...] the yeir of God j^M v^C [...] yeiris, for certane crimis of treasoun committit be him, as at mair lenth is contenit in the proces and dome of foirfalture led thairupoun, and restoris and reintegrattis the apperand airis to succede to the said umquhill Sir Williame, be provisioun or utherwayis, thair airis and successouris quhatsumevir, siclike and als frelie in all respectis as gif the said proces of foirfalture had nevir bene led and dome of foirfalture had never bene gevin nor pronunceit aganis him, efter the forme and tennour of the said pacificatioun, quhilk, and everie point, claus and article thairof, is heirin haldin as speciallie expressit; and forder ordinis this present act to be extendit largelie in competent and dew forme as effeiris, restoring fullelie the memorie, honour and fame of the said umquhill Sir Williame in the persoun of his apperand airis, to succede to him be provisioun or utherwayis, thair airis and successouris, likas our said soverane lord and thrie estatis foirsaidis rehabilitatis and restoris thame thairto, and findis and declaris thame hable to enter and succede as air or airis maill, taillie as of lyne, to the said umquhile Sir William be brevis of our soverane lordis chepell and utherwayis to all landis, rowmis, possessionis, takis, offices and utheris to the quhilkis the said umquhile Sir William had rycht, notwithstanding the said proces of foirfalture or ony ether thing following thairupoun; and, for thair better securitie, our said soverane lord, with avise of the saidis thrie estatis of this present parliament, hes ratefeit and apprevit and, be the tennour heirof, ratefeis and apprevis the foirsaid benefite of pacificatioun gevin and grantit to the said umquhile Sir Williame Kircaldie of Grange, knicht, now as he wer in this mortall lyf and to his saidis apperant airis to succeid to him be provisioun or utherwayis, thair airis and successouris, in maner abonewrittin in all pointis, efter the forme and tennour thairof, and declaris the samyn to have full strenth, force and effect in tyme cumming, and extendis the said pacificatioun to thame in all sortis as the samyn is extendit or may be extendit to ony uther persoun of befoir, obtenar of the like benefite, providing alwayis that the samyn on nawayis be extendit to the odious murthouris of our soverane lordis darrest father and tua regentis the Erllis of Murray and Lennox, witchecraft and incest, quhilk is aluterlie exceptit, providing in like maner that the granting of the foirsaid benefite of pacificatioun on nawayis hurt nor prejuge Robert Scott, writtar, anent the soume of ane thowsand pondis money awand to him be umquhill Sir Williame Kircaldie of Grange, knycht, conforme to his obligatioun of the dait the [...] day of October, the yeir of God j^M v^C lxxj yeris, for the quhilk soume the said umquhill Sir Williame laid in plege to the said Robert ane garnissing, circuat about with perllis, rubeis and diamomtis, pertening to our soverane lordis darrest mother, quhilk plege the said Robert wes compellit to deliver to umquhile James, sumtyme erll of Mortoun, regent to our soverane lord for the tyme, quha, at his dimissioun of his guvernament to our said soverane lord, deliverit the said garnessing to his hienes commissionaris deputt for reserving of his jowellis, munitioun and utheris guddis and geir being in the castell of Edinburgh, with the said castell, quhair the samyn yit remanis withe the rest of the jowellis, bot that the airis quhatsumevir, baithe of lyne, taillie or provisioun, or utheris personis quhatsumevir succedant to the said umquhill Maister Williamis landis and heretage, be quhatsumevir rycht, titill or provisioun or ony part thairof, be detbound in the said sowme, pay and deliver the same to the said Robert, his airis, executouris and assignais realie and with effect befoir they obtene ony commoditie or proffitt of the said benefeit of pacificatioun; and thairfoir our said soverane lord, with avise foirsaid, decernis, declaris and ordinis that the effect of the said pacificatioun sall ceis and be suspendit in the personis of the airis of provisioun, lyne, taillie and utheris successouris quhatsumevir that salhappin to succeid, be servit, retourit or kent to quhatsumevir rycht of the said umquhill Sir Williamis landis and heretage for repossessing of thame thairto, or to quhatsumevir his uther rowmis, possessionis, bailliereis or offices ay and quhill the said Robert be compleitlie pait of the said sowme; dischargeing alsua the lordis of counsell and sesioun expreslie be thir presentis of granting of ony lettres to the saidis airis or utheris to that effect in the meantyme. And becaus it wes cleirlie tryit be our soverane lord and lordis of secrete counsell that the said umquhill Sir William borrowit and receavit from Alexander Clerk of Balbirnie, now provest of Edinburgh, the soume of tua thowsand and sex hundreth merkis money of this realme, and for suir pament thairof deliverit to the said Alexander certane plegeis, quhilkis the said Alexander wes compellit to deliver to our said soverane lord and thesaurare, quhilkis thaireftir wer imput in our soverane lordis cofferis as at mair lenth is contenit in ane act of our soverane lordis secrete counsell of the dait at Halieruidhous, the thrid day of Julii the yeir of God j^M v^C lxxxj yeris, be the quhilk our said soverane lord, with avise of the lordis of secreit counsell, tuik upoun his hienes that the said Alexander suld be satisfiit of the said sowme with the reddiest of the said umquhill Sir Williamis landis and heretage throw his foirfalture becummin in our said soverane lordis handis, or be the airis of the said umquhill Sir Williame incace they, at ony tyme, suld happin be restorit; thairfoir our said soverane lord, with avise of his saidis thrie estaitis in parliament, now having takin full cognitioun in the said mater, ratefeis and apprevis the said act of secrete counsell of the dait foirsaid in all pointis, articles and clausis thairof, and als have, be the tennour of thir presentis, providit and providis the airis and successor of the said umquhill Sir Williame, of lyne and tailyie and utheris succedant to his landis and heretage be quhatsumevir titill or provisioun, quhilkis ar now restorit in this present parliament as said is, salbe simpliciter oblisit to the said Alexander, his airis, executouris and assignais for pament of the said sowme of twa thowsand and sex hundreth merkis money foirsaid, without ony exceptioun to be proponit in the contrare. Alsua our said soverane lord, with avise of his thrie estatis, have declarit and declaris that the said benefite of pacificatioun now grantit to the airis and successouris of the said Sir Williame is, and salbe, annext to the conditioun of thankfull pament of the said sowme of tua thowsand sex hundreth merkis to the said Alexander Clerk, his airis and assignais, be the airis of lyne and tailyie and successourie to the said umquhill Sir Williamis landis and heretageis be quhatsumevir rycht, titill or provisioun, and als decernis and declaris that the effect of the said pacificatioun sall ceis and be suspendit in the persoun of the airis of lyne and of tailye and utheris successouris to the said umquhill Sir Williame, and discharges the lordis of secreit counsell and sessioun to² grant ony lettres for repossessing of thame in thair landis, heretageis, rowmis and possessionis ay and quhill the said Alexander be compleitlie pait of the said sowme as said is. And als becaus the said sowme wes lent money as said is, our said soverane lord, with advise foirsaid, ordinis lettres of horning or poynding at the pleasour of the said Alexander to be direct aganis the airis and successouris foirsaidis of the said umquhill Sir Williame, now restorit, for compelling of thame to mak pament to the said Alexander thairof gif neid be, and ordinis lettres to be direct heirupoun to the effectis respective abone writtin, gif neid beis, in forme as effeiris.