[1604/4/26]¹

Legislation: private act

²Act anent the restitutioun of James Dowglas of Spott

Oure soverane lord, haveing consideratioun of the great trubillis and unquietnes befoir past within his hienes realme of Scotland and sindrie grudges resulting amongis his lowing subjectis for the foirfaltit landis, benefices, rowmes and possessionis fallin in his majesteis handis be diverse sentences and domes of foirfaltour, and to the effect that his hienes haill subjectis may be brocht to ane perfyte unioun and conformitie in his majesteis service, but ony grudge heireftir to follow amangis thame for ony occasioun bipast, be his hienes letteris of rehabilitatioun and restitutioun under the great seall, grantit the benefite of restitutioun to his lovit James Dowglas of Spott, restorand the said James Dowglas of Spott to his lyfe, landis, gudis and geir, moveable and immoveable, quhatsumevir pertening to him befoir his foirfaltour; and siclyk rehabilitand the said James and his posteritie to all and quhatsumevir honouris, digniteis, richtis of successioun and utheris privileges quhatsumevir competent to thame be quhatsumevir maner of way befoir the said foirfaltour, makand and constitutand him and thame hable to bruik and joise quhatsumevir landis, heretages, benefices, rowmes and possessionis pertenyng to thame of befoir, and to beir honour, stand in judgement and hable to bruik digniteis and offices in the samin maner as they micht have done befoir the said foirfaltour, declarand thairunto that the said restitutioun suld be also sufficient as gif the samin wer ratefeit in parliament, with an express promeis of his majestie in verbo principis to ratefie the samyn in his nixt parliament, as at mair lenth is contenit in the said letter of rehabilitatioun and restitutioun of the date the [...] day of [...], the yeir of God 1603 yeiris. And now his majestie, following his naturall clemencie, for the better effectuating of his said hienes promeis and quieting of all grudges within his said hienes realme of Scotland, and acknawlegeing the said James trew and afald service in his hienes voyage furth of his hienes realme of Scotland to his majesteis realme of England and diligent behaviour in his majesteis affairis of great importance, tending to his hienes honour and weill of the realme, deserveing in that respect the extentioun of his princelie favour and benevolence quhatsumevir his majestie can gratefie, his dewtefull and honest heart utterit be him in his service, willing alsua to acknawlege the samin and to gif utheris exempill quhat benefite trew and thankfull service procureth, with advyse and consent of the estaittis and haill bodie of this present parliament, haveing tane perfyte tryell of the premisse and findand that the said James hes maist dewtefullie and worthelie behavit him self in his hienes said service committit to his charge in sindrie affairis concernyng his hienes estait and crowne, and also for the weill and quietnes of his majesteis realme of Scotland, hes abolischit, obliterat and tane away frome the ground all and quhatsumevir processes and domes of foirfaltour led and deducit in his hienes parliament, justice courtis or generall counsaillis at ony tyme preceding the date heirof, quhairby the said James wes convict and foirfaltit for ony crymes of treassoun or utheris crymes quhatsumevir mentionat in the saidis foirfaltouris; and willis and declaris that the memorie, actis and monumentis thairof sall be lykwayes alluterlie extinguischit, abolischit and tane away sua that it sall nocht be lesum to ony persones within this realme, or ony utheris his hienes subjectis quhatsumevir, ather to ground actioun or exceptioun thairupoun, in judgment nor outwith, at na tyme hereftir, or utherwayes to object the samin aganis the said James or his posteritie as gif the saidis foirfaltouris had nevir bene; and ordinis the said restitutioun to be also effectuall to the said James and his posteritie for the full restoring and redintegrating of thame to thair saidis landis, levingis, benefices, rentis, rowmes and possessionis quhatsumevir as gif the said foirfaltour wer reducit in parliament, all partis haveing interes being callit thairto, or as ony restitutioun that hes bene grantit at ony tyme bigane to ony of his hienes subjectis ather be the act of pacificatioun concludit at Perth in the moneth of Februar j^M v^C threscoir tuelf yeiris and in the moneth of Aprile thaireftir, ratefeit in his hienes parliament haldin at Halyrudhous, or be the act of pacificatioun maid in his hienes parliament haldin at Lynlithqw in the moneth of December j^M v^C fourscoir fyve yeiris, or be the act of abolitioun maid in his hienes parliament haldin at Edinburgh, the xxix day of Julii j^M v^C fourscoir sewin yeiris, and willis that the haill clauses and conditionis mentionat in all the saidis actis be extendit in favouris of the said James and his posteritie maist largelie. Attoure oure said soverane lord, with consent and assent foirsaid, reducis, retreatis and rescindis all and quhatsumevir decreittis, sentences, giftis and dispositionis of his landis, benefices, rowmes and possessionis grantit be his hienes to quhatsumevir persone or persones proceding upoun the said foirfaltour, and ordinis lettres to be direct in favouris of the said James and his airis in forme as efferis aganis all and quhatsumevir possessouris of the said James his landis, leving, benefices, takkis, stedingis, rowmes and possessionis quhatsumevir pertening to him or quhairof he wes in possessioun befoir the said foirfaltour, for repossessioun and restoring of him and his airis foirsaidis thairto in maist ampill forme.