[1633/6/64]¹

Act in favour of [Robert Ker], earl of Roxburghe and [Walter Scott, earl of] Buccleuch

Our sovereign lord and three estates of parliament, considering that his majesty and estates foresaid by special act of parliament, of the date of this act, have ratified and approved the letters of rehabilitation of Francis Stewart, son to the late Francis [Stewart], sometime earl of Bothwell, granted by his majesty's late dearest father of eternal memory of the date 12 October 1621, in the whole heads and conditions thereof, and have declared that the said Francis and his heirs shall be valid and able persons to possess whatsoever lands, teinds, benefices, donations, offices and rents which have been acquired by himself or which shall be acquired in any time hereafter, and which is already determined or shall be adjudged to pertain to him by his majesty's decreet arbitral given by his majesty between the earls of Roxburghe and Buccleuch and the said Francis, or which it shall please his majesty to give to the said Francis as omitted or as pertaining to his majesty by the renunciation made by the said earls in his majesty's favour, and have given power to the said Francis to pursue for all the said lands, teinds and others which shall be determined in his favour by his majesty by virtue of the rights to be granted to the said Francis by the said earls of Roxburghe and Buccleuch by virtue of the said decreet, and for the other particulars above-specified which his majesty shall be pleased to give to the said Francis in manner foresaid; and for that effect his majesty, with consent of the said estates, has rehabilitated the said Francis, his heirs and successors against the act of legal disqualification of the said Francis or of the posterity of the said late Francis, sometime earl of Bothwell, his father, in so far as the same may impede or hinder the said Francis to pursue for whatsoever lands, teinds and others to the which he has, or shall have, right in manner foresaid as the said act bears. And his majesty, being willing that the said earls of Roxburghe and Buccleuch be in no way prejudiced in that which of all equity does pertain to them according to his majesty's said decreet, therefore our said sovereign lord and three estates of parliament have provided and declared, and by this act provides and declares, that the contents of the said act shall be affected with this provision and condition: that the said Francis, his heirs and successors shall be held to do and perform to the said earls of Roxburghe and Buccleuch, their heirs and assignees all and whatsoever which is determined to be done by him to them by virtue of his majesty's decreet arbitral foresaid, or which his majesty declares to be done for performance thereof. Likewise his majesty and estates foresaid for that effect ratify and approve all rights whatsoever granted to the said earls of Roxburghe and Buccleuch or their predecessors or authors by his majesty's late dearest father of happy memory, or acquired by them in any manner of way, of all lands, teinds, rents and others of the said late earl of Bothwell's estate, or which they have by the act of legal disqualification of the said Francis (except such as is determined and adjudged to the said Francis by the said decreet arbitral or which shall be gifted to him by his majesty in manner foresaid), and decrees the same rights to be good and valid rights, whereby the said earls of Roxburghe and Buccleuch may possess the same lands, teinds and others in all time coming, in so far as the same is not adjudged by his majesty's said decreet arbitral or shall by gifted by his majesty to the said Francis as said is.