[1633/6/72]¹

Act in favour of [James Hamilton], marquis of Hamilton

Our sovereign lord, with advice and consent of the estates of this present parliament, considering that forasmuch as the late James IV, king of Scots, had granted infeftment under the great seal to the late James [Hamilton], lord Hamilton, great-great-grandfather to his highness's right trusty cousin and councillor James, now marquis of Hamilton, earl of Arran and Cambridge, lord Aven and Innerdale etc., of the lands and earldom of Arran, lying within the sheriffdom of Bute, of the date 11 August 1503, and also his majesty's late dearest father, King James VI, of worthy memory, and our said sovereign lord, then prince and stewart of Scotland, had granted infeftment under their great seals of the date 23 July 1621, in favour of the late James [Hamilton], marquis of Hamilton, earl of Arran and Cambridge etc., father to the said James, now marquis of Hamilton, of the said lands and earldom above-specified, and also, forasmuch as our said sovereign lord's late dearest father had given and granted infeftment under his highness's great seal to the late James [Hamilton], earl of Arran, uncle to the said late James, marquis of Hamilton, and his male heirs contained therein, of all and sundry of the lands and barony of Hamilton and of all and sundry of the lands and barony of Machanshire, lying within the sheriffdom of Lanark, of the date at Hamilton, 24 June 1589, likewise his highness's said late dearest father in the parliament held at Edinburgh upon 4 August 1621, with advice and consent of the estates of the said parliament, not only ratified and approved the foresaid infeftments respectively above-specified, but also with advice and consent of the said estates of parliament dissolved the foresaid lands and earldom of Arran from his majesty's crown and patrimony thereof, and from the principality and from all acts of annexation made by his highness's said late dearest father or his predecessors whereby the said lands and others foresaid or any part thereof were annexed to his majesty's crown or to the principality, to the effect that his majesty might give and convey the same to the said late James, marquis of Hamilton, his male heirs and assignees foresaid heritably. And also his majesty's said late dearest father, according to the said act of parliament and dissolution specified therein, granted infeftment under his highness's great seal, of the date at Royston, 21 October 1622, in favour of the said late James, marquis of Hamilton, of all and whole the said lands and earldom of Arran; and in like manner, our said sovereign lord granted infeftment to the said James, now marquis of Hamilton of the heritable office of justiciary within the whole bounds of the said earldom of Arran, so much thereof as pertains to the said James, now marquis of Hamilton, lying within the said sheriffdom of Bute, and the lands of Saddell in Kintyre, lying within the sheriffdom of Tarbert, with all and sundry privileges, immunities, dignities, liberties, casualties, profits and duties pertaining to the said heritable office of justiciary within the bounds thereof foresaid, particularly expressed in the charter and infeftment made and granted by his majesty under his highness's great seal to Archibald [Campbell], lord Lorne, of the said heritable office of justiciary within the bounds contained therein, of the date 17 April 1628, which infeftment granted by his majesty to the said James, now marquis of Hamilton, of the said heritable office of justiciary within the bounds foresaid, is of the date at Holyroodhouse, 12 June 1629. And now calling to mind the good, true and faithful service done to his majesty and his highness's most noble progenitors by the said James, now marquis of Hamilton and his predecessors, which service his majesty and estates foresaid, having tried and found profitable to his majesty's realm and lieges and worthy of remuneration, therefore his majesty, with advice and consent foresaid, ratifies, approves and perpetually confirms the foresaid whole infeftments respectively above-specified of the said lands, earldom, baronies, justiciary and others therein contained, with the precepts and instruments of sasine respectively following thereupon, and also the foresaid act of parliament, ratification, dissolution and others therein contained, together with the said James, now marquis of Hamilton, his service and retour whereby he is served heir in the said lands, earldom, baronies and others foresaid to the said late James, marquis of Hamilton, his father, precepts and instruments of sasine following thereupon, in all and sundry heads, articles, clauses and conditions therein contained after the forms and tenors thereof, and statutes and ordains this present ratification and confirmation to be as valid, effectual and sufficient in all respects as if the said infeftments respectively above-specified, with the precepts and instruments of sasine following upon the same and acts of parliament respectively above-written, were at length, and word by word, inserted and set down herein, with the which our said sovereign lord and estates foresaid dispense hereby for ever. Moreover, our said sovereign lord, with advice and consent foresaid for the causes above-written, finds, determines, decrees and delivers the foresaid infeftments, rights, titles and securities particularly and generally above-mentioned, and whole grounds of the same, to be good, valid and effectual rights by virtue whereof the said James, now marquis of Hamilton, his male heirs and successors may hold, enjoy and possess the foresaid lands, earldom, baronies, justiciary and others whatsoever contained in the said infeftments and act of parliament above-mentioned peaceably without any question in all time coming, ordaining the clerk register and his deputes to extend an act of parliament hereupon in the appropriate form.