[1609/4/54]¹

²Act in favoris of the Lord Maxwellis vassellis

Oure soverane lord and estaittis of this present parliament, understanding that his majesties course haith evir bene fra the beginning not to punische the innocent for the offenderis cryme, sa in the foirfaltour of ony wha had mony vassellis, tennentis and frehalderis haldand thair landis of him, his hienes hes evir bene accustomit to mitigat that rigour and severitie of the law by speciall reservationis introducit in favouris of these vasselis and tennentis, excepting out of that foirfaltour thair estaittis in thair landis, albeit the samin (being unconfermit) by thair superiouris cryme did also fall in his majesteis handis, and heirupoun, carying that samin mynd towardis the tennentis and vassellis of the Lord Maxwell, now justlie foirfaltit for maist haynous crymes of lesemajestie and treassoun committit be him, his majestie is loth that, in his hienes intentioun of favour and grace towardis the innocent, he sould ather wrang his majesteis self in the just benefite whilk by that foirfaltour doeth accresce unto his hienes by the approveing of richtis whilkis wer nather lauchfullie nor in dew tyme acquirit, or by participating in the generall ony parcell of his majesteis mercie and bountie unto them wha have bene onyway accessorie and culpable of the crymes committit or utherwayes proude and contempteous ressaitteris and manteinaris of the tratour him self. Thair is nane ignorant what just cause his majestie hes to be incensed aganis that Lord Maxwell, wha, not contenting him self to have done these villanous deidis (the just ressones moveing his majestie to proceid thus hardlie aganis him), did alsua maist contempteouslie and in abragging maner, as gif thair had bene na king in Isriell nor na punishment for offence, remane still in this kingdome, rather glorying in his villany then schawing ony tokin of penitencie, not allone bot often verie weill accompanyit, sa as how soevir the first crymes quhairupoun his sentence of foirfaltour is deducit mycht have bene personall (albeit na doubt they had thair awin assisteris), yit this subsequent could not fall out without help and supplie of sum wha, by all presumptioun, must have bene sum of these his vassellis and tennentis, wha na doubt ar now na less curious to be reservit and comprehendit in the generall clause then these wha ar maist innocent; as lykwayes it is notorious to the haill estaittis of parliament what the conditioun had bene of the said Lord Maxwell sum yearis befoir his majoritie and evir sensyne, alsua nevir being sex monethis togidder answerable to oure soverane lordis lawes, still rynning heidlong in a disperat course for his awin undoing, whilk had maid him, bot specialie sen the tyme of the committing of his tressonable crymes, verie prodigall of his estait, without all respect, not regairding wha wer benefitit theirby, sa as he micht mak it unproffitable to oure soverane lord; in consideratioun wheirof, oure soverane lord and estaitis of this present parliament declairis and ordanis that the present foirfaltour of the said Lord Maxwell shall on naway hurte or derogat ony securiteis, richtis, infeftmentis or takkis maid in favouris of his vassellis, frehalderis and tennentis halding ony landis and possessionis of him by heretable infeftment, wedsett or tak as thair overlord and superiour, exceptand and reserveand the richtis of ony persones acquirit originalie from this Lord Maxwell him self, whilk howsoevir the samin be datit may notwithstanding justlie be presumit (inregaird of the conditioun of the disponer) nevir to have bene lauchfullie past, and remittis the particular allowance of these richtis haillelie unto our soverane lord to be exactlie tryit be suche whome his majestie is to depute to that effect, nawayes tending thairby to wrang the innocent wha in dew tyme have maid ony lauchfull purches frome the said Lord Maxwell; and lykwayes reserveand all suche infeftmentis, richtis and securiteis as ar in the persones of ony wha wer giltie, culpable and accessorie to ony of the crymes contenit in the saidis lordis summondis of foirfaltour or whilkis uthairwayes have ressavit, mantenit and supplyit him since the committing of the samin, and that a subsequent convictioun of them for ony of these causes shall be heireftir a sufficient adjudicatioun of the propirtie and estait whilkis ony of these pairteis had in ony of these landis unto oure soverane lord and his hienes successouris without their be ane intervening purches of his hienes mercie and grace. And the saidis estaittis declaris that this present reservatioun of these vassellis and tennentis shall work na forther nor have na mair strenth, force and effect than a confirmatioun under the great seall whilk wald have saveit thame frome all danger of foirfaltour of thair superiouris, bot nather supplyit ony nullitie in their infeftmentis or alterit ony sorte the former conditioun of the samyn.