[1633/6/61]¹

Act of rehabilitation of Francis Stewart, with the provisions therein contained

Our sovereign lord and the three estates of this present parliament convened, understanding that his majesty's dearest father of worthy memory by his letters of grace and favour gave peace and protection to Francis Stewart, eldest lawful son to the late Francis [Stewart], sometime earl of Bothwell, to possess whatsoever pertinent to him by reason of his marriage and that his children and posterity after him should be capable thereof; and also understanding that his majesty's said late father of worthy memory, thereafter pitying the estate of the said Francis Stewart, his majesty, by his letters of rehabilitation of 12 October 1621, has admitted the said Francis to his majesty's gracious protection and peace to the effect following, and has declared him capable to possess his majesty's favour to whatsoever lands, goods, benefices, teinds, donations, offices and rents that he should acquire by his own industry and pains, and that his children and posterity shall possess the same after him in whatsoever his majesty's kingdoms the same shall be acquired in peace and favour, and gave and granted to him and his posterity to have persons to stand in judgement in all actions and causes concerning the premises, and by the said rehabilitation, rehabilitate the said Francis for that effect, dispensing with all prior acts of legal disqualification pronounced against the posterity of the said late Francis, sometime earl of Bothwell so far as concerns the particulars foresaid, as the said rehabilitation of the date foresaid given under the great seal bears. And in respect the said Francis has, in all humility, submitted the decision of all controversies standing between [Robert Ker], earl of Roxburghe and [Walter Scott, earl of] Buccleuch and him, and that his majesty has given his decreet arbitral therein, therefore his majesty and three estates of this present parliament ratifies, approves and confirms the said rehabilitation in the whole heads and clauses thereof, and further declares that the said Francis, his heirs and assignees shall be valid and able persons under his majesty's protection and power to possess whatsoever lands, teinds, benefices, donations, offices and rents which have been acquired by himself since the date of the said letters patent granted to him by his majesty's said late dearest father or which shall be acquired by him in any time hereafter, and which is already determined or which shall be adjudged by virtue of the said decreet arbitral to appertain to him, and which it shall please his majesty to gift and convey to the said Francis as appertaining to his majesty by virtue of a renunciation made by the said earls of certain lands, teinds, and others therein contained so far as they have any right thereto by the forfeiture of the said late Francis, sometime earl of Bothwell, according to the said renunciation of the date the [...] day of [...], 16[...], or which shall be gifted by our sovereign lord to the said Francis, his heirs and successors, as omitted out of the valuation of lands, teinds and others pertaining to the said late Francis, sometime earl of Bothwell, deduced before the lords of secret council of the date the [...] day of [...], 16[...]. And our sovereign lord and estates foresaid gives power to the said Francis and his foresaids to pursue for all lands, teinds and others which are determined by his majesty's decreet foresaid, or which shall be adjudged to appertain to him by virtue thereof, or which shall be gifted to him by his majesty as omitted or pertaining to his majesty by renunciation foresaid by virtue of the rights to be granted to the said Francis by the said earls of Roxburghe and Buccleuch by the decreet foresaid. And for that effect his majesty, with consent of the three estates, rehabilitates the said Francis against all acts of legal disqualification made against the said Francis or against the posterity of his said late father in so far as concerns the sure and full enjoying possession of the premises, and wills and declares that the said Francis and his children and posterity after him shall possess and enjoy the same which are determined, acquired or shall be acquired or gifted in manner foresaid within his majesty's kingdoms with his highness's peace and favour thereto, notwithstanding of any former acts of legal disqualification pronounced against him or the posterity of the said late Francis, sometime earl of Bothwell in any time bygone. It is always provided that the said Francis Stewart shall do and perform to the said earls of Roxburghe and Buccleuch that part of the decreet arbitral so far as the said Francis is determined to do in their favour, under which provision this present act of rehabilitation is granted by his majesty and estates to the said Francis and his foresaids, providing always, likewise it is hereby expressly provided and declared, that the foresaid rehabilitation, nor any thing contained therein, shall in no way be prejudicial to James [Hamilton], marquis of Hamilton, his heirs and successors regarding his rights and infeftments of his lands and baronies of Lesmahagow and Bothwell, and whole parts, pendicles and pertinents thereof and teinds of the same and others whatsoever conveyed to the late James, marquis of Hamilton, his father, by the earls of Roxburghe and Buccleuch, or pertaining and belonging to the said James, marquis of Hamilton by whatsoever other manner of way; nor that the same rehabilitation shall furnish the said Francis any action, interest or claim of right thereto, but that notwithstanding thereof the said James, marquis of Hamilton, his heirs and successors shall possess the same whole lands, teinds and others conveyed by the said earls to his said late father or whereto he has right by whatsoever other manner of way peaceably in all time coming without any question, trouble or impediment to be made to him or them relating thereto by the said Francis, his heirs and successors, nor any others, the posterity of the earl of Bothwell; and providing likewise that the foresaid rehabilitation shall in no way be prejudicial to Sir Thomas Thomson of Duddingston, knight, his infeftments, rights and securities of his lands of Easter and Wester Duddingstons and teinds of the same, but that he may peaceably possess the same in time coming without any question or impediment to be moved to him, his heirs or successors by the said Francis nor by his heirs nor successors nor by any others, the successors of the late Francis, sometime earl of Bothwell.