[1587/7/89]¹

Act in favour of the Erle of Mar

²Anent the supplicatioun gevin in and presentit to oure soverane lord and thre estaittis in this present parliament be Johnne, erle of Mar, lord Erskin etc., makand mentioun that quhair umquhile Dame Issobell Dowglas, countes of Mar, wer heretably infeft the tyme of hir deceis in all and haill the erldome of Mar, lordschip and regalitie of Gareauch, haldin immediatlie of oure soverane lordis predicessouris, as his infeftment at mair lenth proportis, lyk as efter hir deceis umquhile Robert, erle of Mar, lord Erskin, the said Johnne, erle of Maris predicessour, wes lauchfullie servit and retourit air to the said umquhile Issobell of the said erldome of Mar, lordschip and regalitie of Gareauch, to quhome likwayes umquhile Johnne, erle of Mar, the said complenaris fader, wes lauchfullie retourit air, swa nixt he as air to his said umquhile fader, quha wes air to the said umquhile Robert, erle of Mar, lord Erskin, his predicessour, and sua air be progress to the said umquhile Dame Issobell Douglas, countesse of Mar, hes the undowtit heretable rycht to the said erldome of Mar and lordschip and regalitie of Gareauch, albeit his predicessouris hes bene wranguslie debarrit frome the possessioun of the saidis landis, erldome and lordschip, pairtlie be the occasioun of the trubles occurrand and interveneand, and partlie be the iniquitie of tyme and staying of the ordiner course of justice to thame be the partiall dailling of sic personis as had the governament of oure soverane lordis predicessouris and realme and thair officiaris for the tyme, notwithstanding the humble supplicationis and frequent interpellationis maid be the said Johnne, erle of Maris predicessouris, alsweill in parliament as in counsall, for the possessioun of the saidis landis as salbe sufficientlie verefeit be authentick writtis and evidentis. The quhilk being advisitlie considerit be oure soverane lordis derrest mother, efter hir perfite aige, and hir hienes movit of conscience, as become of hir princelie dewetie, to restoir the lauchfull airis unto thair just heretage and possessioun, efter mature deliberatioun, diligent tryall and inquisitioun tane of the premisis, gaif, grantit and disponit heretablie to umquhile Johnne, erle of Mar, lord Erskin, the said complenaris fader, the said erldome of Mar, with the landis of the lordschip and regalitie of Gareauch, with thair pertinentis, annexis, connexis and utheris speciftit in the charter, grantit be his hienes derrest moder under the grite seill to him thairupoun, and seing for the said erlis better securitie and that his hienes derrest moderis gude intentioun may tak the better effect toward the possessioun of the saidis lands, necessar it is that he be servit air to his predicessouris quha deit last vest and seisit in the said erldome, lordschip and regalitie, and that ane sufficient rycht and actioun be establischit in his persone and his airis for recovering of the saidis landis and possessioun thairof, notwithstanding the diuturnitie and lenth of tyme that hes intervenit, considering that be the lawes and custume of the realme the richt of blood nor yit ony heretable title fallis under prescriptione, nor is tane away be quhatsumevir lenth of tyme or laik of possessioun, and thairfoir desirand his majestie and estaittis, in respect of the premisis, to tak tryell of the richtis and infeftmentis quhilkis the said umquhile Dame Issobell Dowglas, countesse of Mar, had of the said erldome of Mar, lordschip and regalitie of Gareauch, and siclyk to tak triall gif the said umquhile Robert, erle of Mar, lord Erskin, his predicessour, wes dewly servit and retourit air to the said umquhill Dame Issobell of the said erldome, regalitie and lordschip and that umquhile Johnne, erle of Mar, the complenaris fader, wes servit and retourit air to the said umquhile Robert, erle of Mar, and that his hienes derrest mother, haveing consideratioun of the saidis richtis, gaif and disponit the said erldom of Mar, lordschip and regalitie of Gareauch, to the said umquhile Johnne, erle of Mar, his fader, the quhilkis richtis beand tryit be his majestie and estaittis of parliament to be lauchfull, valide and sufficient, that the samyn mycht be ratifeit, approvin and confermit in this present parliament and the samin declairit to haif als grite strenth, force and effect in the said complenaris persoun as the samyn had or mycht have in the persoun of the said umquhile Dame Issobell Dowglas or umquhile Robert, erle of Mar, lord Erskin, hir air, and the said Erle of Mar, complener, to haif full richt thairby as air be progres to his saidis predicessouris to all and haill the saidis landis quhairin the saidis umquhile Dame Issobell Dowglas, countesse of Mar, or umquhile Robert, erle of Mar, hir air, deit vest, seisit and retourit, notwithstanding the lenth and diuturnitie of tyme quhilk hes intervenit sensyne, during the quhilk space he and his predicessouris, be the iniquitie of the tyme, hes bene wranguslie debarrit from the saidis landis and possessioun thairof, and to declair be ane act of parliament that his richt to the said erldome, lordschip and regalitie and actioun for recovering thairof and possessioun of the samin hes not nor sall not prescrive be the course of the said tyme, bot that the said erle and his airis hes, and salhave, als guid richt, entress, title and actioun in and to the said erldome, lordschip and regalitie as gif he wer immediat air to the said Dame Issobell Dowglass or to umquhile Robert, erle of Mar, lord Erskin, his air, or had persewit for the samyn within yeir and day efter thair deceis, notwithstanding onie exceptioun of prescriptioun or laik of possessioun that may be allegeit in the contrair, without prejudice alwayes of all uther lauchfull defensis competent to the pairties haveand interess, as at mair lenth is contenit in the said supplicatioun. Quhilk being hard, sene and considerit be his hienes and estaittis of parliament, and efter diligent tryall and consideratioun had be thame of the richtis and infeftmentis quhilkis the said umquhile Dame Issobell Dowglas had of the said erldom of Mar, lordschip and regalitie of Gareauch and of the retouris grantit to the saidis umquhile Robert, erle of Mar and Johnne, erle of Mar, of the samyn successive and infeftmentis grantit to the said erles fader of the samin erldome and lordschip, and of all utheris writtis abonewrittin mentionat in the said supplicatioun and producit be the said complenair for verefeing of the contentis thairof, and thai thairwith being ryplie advisit, oure said soverane lord and thre estaittis of parliament, findand the richtis abonespecifiit to be lauchfull, valide and sufficient to preif and verifie the pointis of the said supplicatioun, ratifeis, apprevis and confermis the samin, and decernis and declairis the foirsaidis richtis to have als grite force, strenth and effect in the persoun of the said Johnne, erle of Mar, as the samin had or micht haif in the persone of the said umquhile Dame Issobell Dowglas or umquhile Robert, erle of Mar, lord Erskin, his air, and he to have full richt thairby as air be progress to his saidis predicessouris to all and haill the saidis landis quhairin the said umquhile Dame Issobell Dowglas, countesse, or umquhile Robert, erle of Mar, hir air, deit, vest, saisit and retourit, notwithstanding the lenth and diuturnitie of tyme quhilk hes intervenit sensyne, during the quhilk space the said erle and his predicessouris, be the iniquitie of the tyme, hes bene wranguslie debarrit from the saidis landis and possessioun thairof; and als decernis and declairis that the said complenairis richt to the said erldome, lordschip and regalitie and actioun for recovering thairof and possessioun of the samin hes not, nor sall not, prescrive be the course of the said tyme, bot that he and his airis hes, and salhaif, als gude richt, interess, title and actioun in and to the saidis erldome, lordschip and regalitie as gif the said erle wer immediat air to the said Dame Issobell Dowglas or to umquhile Robert, erle of Mar, lord Erskin, hir air, or had persewit for the samin within yeir and day efter thair deceis, notwithstanding ony exceptioun of prescriptioun or laik of possessioun that may be allegit in the contrair, but prejudice alwayes of all uther lauchfull defensis competent to the pairties haveand interess.