[1584/5/50]¹

Declaration

Declaratioun anent the foirfalture of umquhill Schir James Balfour of Pettindreich, knycht

²Oure soverane lord, with avise of the thrie estatis of this present parliament, understanding that umquhill Schir James Balfour of Pettindreich, knicht, in the moneth off Maii, the yeir of God j^M v^C lxxj yeris, in the trublous tyme, throw the questioun of our soverane lordis auctoritie, was foirfaltit in parliament, not onlie for his assistance to that comoun caus, be the quhilk the haill subjectis of this realme war devidit, bot als for the allegit arte and pairt of the devise, knawlege and conceling of the maist horrible and detestable murthour of oure soverane lordis umquhill darrest father of guid memorie as at mair lenth is contenit in the proces and sentence of foirfalture quhilk wes led aganis the said umquhill Schir James the tym foirsaid, quhen he, throw the oppin hostilitie than standing betuix the parteis, micht not compeir nor have access to that jugement for his defence; and thairfoir our said soverane lord in his hienes parliament haldin at Halieruidhous, the last day of Aprill, the yeir of God j^M v^C lxxiij yeiris, with advise of the thrie estatis and haill body of this realme, efter the appeasing of the foirsaid trublis, upoun wechtie and guid considerationis moving our said soverane lord tending to the furthering and establissing of peax and quietnes and to the universall obedience of his hienes authoritie, decernit and declarit that the said umquhill Schir James suld bruik and jois and injoy the grace, favour, privilege and conditionis contenit in the generall pacificatioun maid and accordit upoun at the burgh of Perth upoun the xxiij day of Februar, the yeir of God j^M v^C lxxij yeiris, ratefeit and apprevit in the said parliament, and that the said generall pacificatioun suld be als largelie and favorablie interprete and extendit in favour of the said umquhill Schir James for the suirtie of his lyf, leving, honour and guidis as gif he had bene speciallie nominat and comprehendit thairin, and as gif the haill articles, clausis and conditionis of the said general pacificatioun had bene expreslie specifeit in the said act of parliament, be the quhilk the benefite and favour of the said pacificatioun wes grantit to the said umquhill Sir James, as in the said particulair act of parliament maid in his favour at mair lenth is contenit; quhilk generall pacificatioun being in all the clausis, pointis, articles and circumstancis thairof at diverse tymis sene and considerit be our said soverane lord and lordis of his hienes secrete counsell and sessioun, and speciallie that clausis and article thairof proportand that all procesis and sentences of foirfalture led and gevin aganis quhatsumevir personis comprehendit thairin, for ony cryme, actioun or deid done or assistit in the said comoun caus, in tyme of the said comoun truble fra the xv day of Junii, the yeir of God j^M v^C lxvij yeris, and the xxiij day off Februare, the yeir of God j^M v^C lxxij yeiris, and for ony uther causis or crymis contenit in the summoundis of foirfalture execute aganis thame and quhairof they wer convict at ony tyme betuix the said xv day of Junii in the yeir of God j^M v^C lxvij yeris and the said xxiij day of Februar in the yeir of God j^M v^C lxxij yeris, war decernit and declarit to have bene and to be of nane availl, force nor effect with all that followit or micht follow thairupoun, and the personis quhilkis obtenit the benefite of the said pacificatioun war, be vertew thairof, frelie restorit in integrum aganis the samyn, be the samyn maner and conditioun as the said procesis and sentences of foirfalture had bene speciallie retratit and reduceit, all pairties having interes being speciallie callit thairto, quhairby it was than clearlie understand to the lordis of previe counsell and sessioun, likas now it is clearlie understand to oure said soverane lord, the saidis thrie estatis and haill body of this present parliament that the said umquhill Schir James was fullelie restorit aganis the said sentence of foirfalture gevin contrare him, upoun the knawlege quhairof, cognitioun being takin be the principallis of the said secrete counsell, our said soveran lord ressavit the said Schir James, his wyff and bairnis, thair personis, landis, guidis and geir in his majesties speciall saif garde, protectioun and defence as his loyall subjectis; and, nevertheles, befoir the granting of the said protectioun be ane act of parliament begun at Edinburgh, the xx day of October, the yeir of God j^M v^C lxxix yeiris, the posteritie of certane personis standand under the sentence of foirfalture of the arte and part of the slauchteris and murthuris of oure said soverane lordis darrest father, umquhill Matthew, erll of Lennox, his hienes guidschir, and umquhill James, erll of Murray, regentis to him, his realme and liegeis for the tyme, ar declarit and decernit to be unhable to bruik ony landis, heretageis, rowmis or possessionis within this realme, howsoevir the samyn wer acquirit sen the committing of the crymis respective foirsaidis; in the quhilk act, the said umquhill Schir James posteritie is expreslie mentionat and comprehendit, makand na difference betuix the saidis utheris personis than, as yit, standand under the rigour of the saidis sentencis of foirfalture gevin aganis thame and the said umquhill Schir James, quha wes fullie restorit aganis the sentence of foirfalture gevin contrare him and the said sentence in all pointis and heidis thairof, but exceptioun, be the foirsaid act of parliament [...] grant of the said pacificatioun was rescindit and retratit, quhilk wes not opin [...] to oure said soverane lord and his thrie estatis the tyme of the making of the saidis ordi[...] said Schir James being then absent and ignorant of ony declaratour to be gevin in prejudice [...] posteritie, quhilk is alwayis now sufficientlie verefeit to our said soverane lord and his thre estatis, likas the samyn wes sufficientlie verifeit to his hienes and to the lordis of his secrete counsell and in like maner to the saidis lordis of sessioun, upoun diversis complaintis maid be the said umquhill Schir James in his tyme and be his relict and bairnis efter his deceis maist humlie craving that they, upoun better knawlege of the treuth, micht be reparit aganis the saidis declarationis maid contrare the posteritie of the said umquhill Schir James; likas Dame Margaret Balfour of Burlie, the relict of the said umquhill Schir James, Michaell, James, Williame, Harie, David, Johne, Marie and Helene Balfouris, his barnis, haif now renewit thair suite, desiring our said soverane lordis declaratioun, be the avise of his thrie estatis of parliament, that the said Schir James at all tymis sen the granting to him of the benefite of the said generall pacificatioun to his deceis remanit his hienes gude lege and subject, and that the said sentence of foirfalture gevin aganis him wes dewlie and lawfullie retratit and rescindit befoir the said act concerning his posteritie now maid or ony uther act following thairupoun, and thairfoir craving that it micht be alsua declarit that his bairnis and posteritie micht bruik and injoy quhatsumever landis, heretageis, rowmis and possessionis appertening to thame, acquirit or to be acquirit be thame, alsweill frelie and quietlie in all respectis as ony uther, oure said soverane lordis lawfull subjectis within this realme, and als that heirefter questioun suld not be movit to thame nor ony of thame for ony of the crymis and causis contenit in the said sentence. Thairfore our said soverane lord, be cognitioun of the caus and for releif of his conscience, be the advise of the saidis thrie estatis of parliament for his hienes and his successouris, decernis and declaris that the process and dome of foirfalture led aganis the said Schir James in maner foirsaid was dewlie and ordourlie retratit be the said pacificatioun ratefeit in the said parliament, and that the said Schir James, fra the tyme of the reductioun thairof to his deceis, abaid and remanit oure said soverane lordis loyall and dewtifull subject, and thairfoir that his bairnis and posteritie micht not be hurt nor harmit be the actis abonewrittin; quhilkis all and syndrie actis, and everie ane of thame, our said soverane lord, be the advise of his saidis thrie estatis, insafaras the samyn comprehendis the bairnis and posteritie of the said umquhill Schir James alanerlie, in likewayis decernis and declaris to have bene and to be of nane availl, force nor effect, abrogating the same in that part alanerlie be this present act for ever, the samyn act, with all uther actis maid to that effect and consequentlie following thairupoun anent the posteritie of the utheris personis mentionat thairin, standing alwayis in full force, strenth and effect; and als decernis and declaris that the bairnis and posteritie of the said umquhill Schir James ar, and sall be, hable to bruik and jois all landis, heretageis, rowmis and possessionis acquirit or to be acquirit be thame, and that they may succede to thair said umquhill fader, mother, or ony of thame, or everie ane of thame as airis to utheris or to quhatsumever utheris personis siclike and als frelie as ony uther oure soverane lordis liegis and subjectis may conqueis and acquire landis, heretageis, rowmis and possessionis or succeid thairto within this realme and as the saidis actis anent the said umquhill Schir James posteritie never had bene maid, to the quhilkis in that part alanerlie our said soverane lord hes maid and makis expres and speciall derogatioun be thir presentis. And farder, his hienes, with advise and consent foirsaid, for him and his successouris, renunceis and dischargeis all actioun that his grace may have or intend aganis the said umquhill Schir James, his memorie, airis or posteritie for the caus foirsaid for ever, as is mair amplie contenit in ane lettre gevin under his hienes great seall at Halieruidhous, the xxj day of December, the yeir of God j^M v^C lxxxiij yeris; quhilk lettre our said soverane lord, be thir presentis in all pointis, articles, clausis and circumstanceis thairof, ratefeis and apprevis, and that his hienes present ratificatioun be, in all respectis, als sufficient as gif the said lettre wer at lenth ingrossit in this present act, ordining alsua the samyn lettre at the desire of pairtie to be insert and registrat in the bukis of parliament for perpetuall memorie and to have the strenth, force and effect of ane act and decrete thairof; and ordanes lettres to be direct heirupoun, gif neid beis, in forme as efferis.