[1633/6/61]¹

Act of rehabilitatione of Francis Stewart, with the provisiones thairin contenit

Oure soverane lord and the thrie estates of this present parliament convenit, wnderstanding that his majesties darrest father of worthie memorie be his letters of grace and favour gave peace and protectione to Francis Stewart, eldest lawfull sone to umquhile Francis, sumtyme erle of Bothwell, to bruik quhatsumever pertenit to him be reassoun of his marriage and that his childreine and posteritie eftir him sould be capable thairof; and als wnderstanding that his majesties said umquhile father of worthie memorie, thaireftir pitieing the estate of the said Francis Stewart, his majestie, be his letters of rehabilitatione the tuelt day of October, j^M vj^C tuentie ane yeirs, hes admittit the said Francis to his majesties gratious protectioun and peace to the effect following, and hes declarit him capable to bruik his majesties favour to quhatsumever lands, guids, benefices, teinds, donationes, offices and rents that he sould acquire be his awin industrie and paines, and that his childreine and posteritie sall bruik the samyne eftir him in quhatsumever his majesties kingdomes the samyne sall be acquirit in peace and favour, and gave and grantit to him and his posteritie to have persones to stand in judgement in all actiones and causses concerning the premises, and be the said rehabilitatioun, rehabilitat the said Francis for that effect, dispenseand with all prior acts of dishabilitatioun pronuncit againes the posteritie of the said umquhile Francis, sumtyme erle Bothuell sua far as concernes the particulars forsaids, as the said rehabilitatioun of the dait forsaid givin wnder the great seale beires. And inrespect the said Francis hes, in all humilitie, submitted the decisione of all contraversies standing betuix the Erles of Roxburgh, Balcleuch and him, and that his majestie hes givin his decreit arbitrall thairintill, thairfor his majestie and thrie estates of this present parliament ratifies, approves and confirmes the said rehabilitatioun in the haill heids and clausses thairof, and farder declaires that the said Francis, his airs and assignais sall be valide and able persones wnder his majesties protectione and power to bruik quhatsumever lands, teinds, benefices, donationes, offices and rents quhilks hes beene acquirit be himselff since the dait of the saidis letters patents grantit to him be his majesties said umquhile darrest father or quhilks sall be acquirit be him in any tyme heireftir, and quhilk is alreadie decernit or quhilks sall be adjudgit be vertew of the said decreit arbitrall to apperteine to him, and quhilks it sall please his majestie to gift and dispone to the said Francis as apperteining to his majestie be vertew of ane renunciatioun maid be the saidis erles of certane lands, teinds, and uthers thairin contenit sua far as they have any richt thairto be the forefaltor of the said umquhile Francis, sumtyme erle Bothuell, conforme to the said renunciatioun of the dait the [...] day of [...], j^M vj^C [...] yeirs, or quhilkes sall be giftit be oure soverane lord to the said Francis, his airs and successors, as omitted out of the valuatioun of lands, teinds and uthers perteining to the said umquhile Francis, sumtyme erle Bothuell, deduicit befor the lords of secreit counsall of the dait the [...] day of [...], j^M vj^C [...] yeirs. And oure soverane lord and estates forsaids gives power to the said Francis and his forsaids to persew for all lands, teinds and uthers quhilkes ar decernit be his majesties decreit forsaid, or quhilkes sall be adjudgit to apperteine to him be vertew thairof, or quhilkes sall be giftit to him be his majestie as omitted or perteining to his majestie be renunciatioun forsaid be vertew of the richts to be grantit to the said Francis be the saidis Erles of Roxburgh and Balcleuch be the decreit forsaid. And for that effect his majestie, with consent of the thrie estates, rehabilitats the said Francis againes all actes of dishabilitatione maid againes the said Francis or againes the posteritie of his said umquhile father in sua far as concernes the sure and full bruiking of the premisses, and willes and declairs that the said Francis and his childreine and posteritie eftir him sall bruik and joyse the samyne quhilks ar decernit, acquirit or sall be acquirit or giftit in maner forsaid within his majesties kingdomes with his hienes peace and favour thairwnto, notwithstanding of any former actes of dishabilitatioun pronuncit againes him or the posteritie of the said umquhile Francis, sumtyme erle of Bothuell in any tyme bygane. It is alwayes provydit that the said Francis Stewart sall doe and performe to the saidis Erles of Roxburgh and Balcleuch that pairt of the decreit arbitrall sua far as the said Francis is decernit to doe in thair favours, wnder quhilk provisioun this present act of rehabilitation is grantit be his majestie and estates to the said Francis and his forsaids, provyding alwayes, lykas it is heirby expreslie provydit and declarit, that the forsaid rehabilitatioun, nor any thing thairincontenit, sall nawayes be prejudiciall to James, marques of Hamiltoun, his airs and successors anent his richts and infeftments of his lands and baronies of Lesmahago and Bothuell, and haill pairts, pendicles and pertinents thairof and teinds of the samyne and uthers quhatsumevir disponit to umquhile James, marques of Hamiltoun, his father, be the Erles of Roxburgh and Buckcleuch, or perteining and belonging to the said James, marques of Hamiltoun be quhatsumever other maner of way; nor that the samyne rehabilitatione sall furnisch the said Francis any actioun, entreis or clame of richt thairto, bot that notwithstanding thairof the said James, marques of Hamiltoun, his airs and successors sall bruik the samyne haill lands, teinds and uthers disponit be the said erles to his saidis umquhile father or quhairwnto he hes richt be quhatsumever other maner of way peaciblie in all tyme coming without any questioun, trouble or impediment to be maid to him or thame thairanent be the said Francis, his airs and successors, nor any uthers, the posteritie of the Erle Bothwell; and provyding lykwayes that the forsaid rehabilitatioun sall nowayes be prejudiciall to Sir Thomas Thomesone of Dudingstoun, knicht, his infeftments, richts and securities of his lands of Eister and Wester Dudingstounes and teinds of the samyne, bot that he may peaciblie bruik the samyne in tyme coming without any questioun or impediment to be moved to him, his airs or successors be the said Francis nor be his airs nor successors nor be any uther the successors of umquhile Francis, somtyme erle Bothuell.