[1609/4/53]¹

²Act anent the restitutioun of David Hammyltoun of Bothuelhauch

Oure soverane lord, with the advise of the estaittis of this present parliament, understanding that be act maid in the bookis of secrete counsaill upoun the tuelf day of Januar, the yeir of God j^M v^C fourscoir ellevin yearis, his majestie, with advyse of the lordis of secrete counsaill, fand and declared that David Hammyltoun of Bothuellhauch, Issobell Sinclair and Alesoun Sinclair, heretrices, portionaris of the landis of Wodhouslie, aucht and sould be repossessit to the landis, houses, takkis, stedingis and possessionis wheirof they wer dispossessit throw occasioun of the late trublis, conforme to the act of his majesteis parliament haldin at Linlytgw, the tent day of December the year of God j^M v^C fourscoir fyve yeiris, notwithstanding ony provisioun or exceptioun purcheised and maid in the contrair, whilkis exceptionis and provisionis his majestie then declairit and promitted to cause be declared in parliament to have bene and to be null of na force nor effect, the samyn being procured be sinister informatioun far by his majesties trew meaning, tending not onlie to the violatioun of his highnes generall peace, bot also to his majesteis particular favour extendit to Claude, commendatar of Paislay, his kynismen, friendis and serrvandis, being in the realme of France under his majesteis protectioun, off the whilkis the said David Hammyltoun of Bothuell hauch wes ane of the maist speciall, and then ordanit lettres to be direct for repossessing of the saidis persones to thair landis, housses, rowmes and possessionis fra the whilkis they wer dispossessit as said is, notwithstanding ony exceptioun or provisioun maid or to be maid in the contrary, as the said act of secrete counsaill at mair lenth beiris. And becaus the said act of secrete counsaill is nothing ellis in effect bot ane explanatioun of the foirsaid act of parliament maid upoun the said tent day of December, j^M v^C fourscore fyve yearis, in favouris of the said Claude, commendatar of Paislay, and certane his domestikis specefeit, off³ the said David Hammyltoun of Bothuell hauch, utherwayes designed David Hammyltoun of Monktoun Maynis, is ane nominat in speciall, and a declaratioun of his highnes afauld and trew meaning thairanent, and that all exceptionis and provisionis maid in favouris of whatsumevir persone or persones in contrair of the said act of parliament ar procurit be sinister informatioun tending not onlie to the violatioun of his said highnes generall peace, bot alsua to his majesteis perticular favour afoirsaid, extendit to the said Claude, commendatar of Paislay, his kinismen, friendis and servandis and ane imparing and disgrace of his sacred majestie and royall favour, clemencie and mercie quhilk aucht to be inviolablie keipit and observeit without ony exceptioun or contrarie provisioun inrespect that the clemencie of a prince aucht to be a sacred warrand to all his highnes subjectis to repose upoun; thairfoir his majestie, with advyse and consent of the haill estaittis of this present parliament, ratefeis and appreves the foirsaid act of parliament of the date at Linlithgow, the tent day of December j^M v^C fourscoir fyve yeiris, consavit in favouris of the said Claude, commendatar of Paislay, his domestikis, kyn and freindis specefeit thairin, and decernis and declairis the samin act to be als amplie and fullie extendit to and in favouris of the said David Hammyltoun of Bothuellhauch, Issobell and Alesoun Synclaires, heretrices, portionaris of the saidis landis of Wodhouslie, for repossessing them to the foirsaidis landis of Wodhouslie, houses, biggingis, yairdis, takkis, stedingis and possessionis wheirof they wer dispossessed be occasioun of the late trubles, as any hes injoyed and bruiked the said benefice of befoir, conforme to the samin act of parliament in all and sindrie heidis, articlis, pointis and clauses contenit thairin, and that notwithstanding of whatsumevir exceptionis, actis of parliament, provisionis, decreittis and sentences maid and consavit in favouris of whatsumevir persone or persones in contrair the tennoure of the foirsaid act of parliament and to the prejudice of the saidis David Hammyltoun, Issobell and Alesoun Sinclairis, eftir the forme and tennoure of the said act of pacificatioun maid at Linlithgow, sua that they may peciable enter to bruik and jois the saidis landis and utheris foirsaidis in tyme cumming according to the said act of pacificatioun concludit at Linlithgow. And his majestie and estaittis declairis that this present act and decreit of parliament shall nawayes be extendit in favouris of the saidis David and his colleges for calling, craveing and persewing for ony of the fermes, proffeittis and dueteis of the saidis landis for ony yeiris bigane preceding the dait heirof, bot onlie to have effect and executioun in tyme cumyng eftir the date of thir presentis, and als ordanis lettres to be direct for repossessing of the said David Hammyltoun, Issobell and Alesoun Sinclairis to thair haill landis, houses, rowmes and possessionis fra the whilkis they wer dispossessit as said is, conforme to the foirsaid act of parliament in all pointis, and the effect and executioun of the samin lettres the estaittis supersedis during the dependence of the submissioun maid and subscryvit betuix the said David Hammyltoun and his colleges and Williame Bellendene of Brochtoun on the ane and uther pairtis.