[1641/8/283]¹

Ratificatione in favoures of Margaret Steuart of hir letters of rehabilitacion

Our soverane lord and estates of this present parliament ratifies and approves the letter of rehabilitatione made, givine and granted be his hienes, with advyse and consent of his hienes trest cusingis and counselloures, Williame, erle of Mortoune, thesaurer, comptroller, collectour and thesaurer of the new augmentationes of his majesties kingdome of Scotland for the tyme, and of Johne, erle of Traquair, his hienes depute in the saidis offices for the tyme, and also of the remanent lordis of his majesties excheker for the tyme, wnder the great seale to Margaret Stewart, doghter lauchfull to umquhill Hercules Stewart, brother to umquhill Frances, somtyme erle of Bothwell that last deceist, procreat betuixt the said umquhile Hercules and Marie Whitlaw, his spouse, quhairby our said soverane lord, with consent foirsaid, off his hienes speciall grace and clemency, rehabilitat and reentegrat the said Margaret Stewart to hir good fame, and to all quhairof shoe was depryved and prejudged be the proces, sentance and doome of foirfaltour led, deduced, givine and pronounced aganes the said umquhill Hercules, hir said father, in ane justice court holdine within the tollbooth of Edinburghe upoun the tuentie fyfte day of Julii, the yeir of God 1591 yeeres, for certane crymes of treasone and lese majestie committed be him conteint in the said proces and sentance wherof he was convict, and be diverse actes of parliament made thereftir and fallowing therwpoun his posteritie wer dishabilitate and made wnhabile to bruike and joyse the landis, heretadges, honoures, dignities, priviledges, roumes and possessiones within the kingdome of Scotland. And alse our said soverane lord, with consent foirsaid, accepted, received and reponit the said Margaret in and to his hienes favour and grace againes the said dome and sentance of foirfaultor, haill accusationes, crymes and contentes of the samene specified and conteyned therin and renunceit, quytcleamed and dischairged the samene withall that hade fallowed or might fallowe therwpoun to and in favoures of the said Margaret Stewart, hir aires and successoures for evir. And lykwayes his majestie, with advyse and consent foirsaid, reponit the said Margaret Stewart and hir foirsaidis to all and sindrie landis, heritadges, takkes, steddingis, roumes, possessiones, actiones, goodis and geir whatsomevir perteeneing or quhilkes perteened or might perteyne or onywayes competent to hir befoir the said foirfaultour or sensyne, to the effect that shoe, hir aires, successoures or assigneyes might intromet therwith, call and persew therfor as accords of the law, bruike, joyse, use and dispone therwpone at ther pleasor, with all proffites of the samene bygone and to come; and declaired the said Margaret Stewart habill, worthie and capable to persew all actiones competent to her sicklyke and alse freelie in all respectes and conditiones as if the said sentance and dome of foirfaltour had never bene led nor pronunced againes her said umquhill father, and that notwithstanding the samene foirfaltour and whatsomevir lawes, civill or municipal, actes of parliament, secreet counsell and otheres actes, lawes or statutes of this realme made and set doune or whilkes might be extendit or interpret in the contraire heirof, anent the quhilke our said soverane lord, for his majestie and his successoures, dispenses for now and evir; quhilks letter of rehabilitatione is of the dait at Berwicke, the tuentie sevint day of July 1633 yeeres, togidder with the said Margaret hir service wherby shoe is servit nerrest and laufull aire to the said umquhill Hercules Stewart, hir said father, procreat betwixt him and the said umquhill Marie Whytlawe, hir said mother, befor the baillies of the Cannongait upoun the therteene day of Apryle 1636 yeeres, togidder also with the retour falloweing therwpoun, in all and sindrie heidis, articles, clauss and conditiones therinconteened, efter the forme and tennoure therof in all poyntes; and willes and declaires that this present² ratificatione is and shall alse valied and effectuall to the said Margaret Stewart and hir foirsaidis as if the foirsaid lettir of rehabilitatione, service and retour were insert heirin word be word, quhairanent his majestie and estates foirsaides dispenses for evir.