[1661/1/306]¹

Act rescinding Colonel McGillespick² and MacDonald, his son, their forfeiture

Our sovereign lord, taking to consideration that Archibald MacDonald of the isles of Colonsay and Oronsay was killed in his majesty's service and that Colonel MacGillespick, his father, was put to a violent death at Dunstaffnage for his faithful and constant adherence to and serving of his majesty's dearest father, of glorious memory, in those late troubles, and that the said deceased Colonel MacGillespick and the said deceased Archibald McDonald, his son, were forfeited and at the least dispossessed of their whole estate in the year 164[...] for their good and faithful service done to their dread sovereign by joining and concurring in arms with [James Graham], marquis of Montrose for asserting his majesty's just authority and opposing the enemies and invaders thereof, which estate has ever since the death of the said Colonel MacGillespick and Archibald MacDonald, his son, who were put to death and killed in the year 16[...], been bruiked and enjoyed by the marquis of Argyll and Iain mac Alasdair Ruaidh³ or others to whom they have made over the same, by which and their debarring of Sarah MacDonald, only lawful daughter and apparent heir to the said deceased Archibald MacDonald and grand-daughter and apparent heir to the said Colonel MacGillespick from the said estate ever since their decease, and her suffering thereby, she has been reduced to great extremities and hardships and as yet continues so; and his majesty, being sensible thereof and how far it does concern his honour that all and every such decreet and sentence of forfeiture pronounced by parliament, convention, committee of estates or justice court, and all acts, interlocutors and others relating thereto preceding the date hereof, are reduced as unwarrantably and illegally pronounced upon most unjust grounds, and that the said Sarah MacDonald, as only daughter and apparent heir to her said father and grand-daughter and apparent heir to her said grandfather, be restored and possessed of the said estate and isles of Colonsay and Oronsay with the pertinents, notwithstanding of any such sentence, decreet or interlocutor, as said is; therefore, his majesty, with advice and consent of his estates of parliament, casses, annuls, declares and decrees all and every such sentence or decreet of forfeiture pronounced by parliament, convention, committee of estates or justice court, and all acts, interlocutors or others relating thereto against the said Colonel MacGillespick and Archibald MacDonald, his son, and all acts and deeds done and passed thereupon in prejudice of the said Sarah MacDonald, their apparent heir, preceding the date hereof, to have been from the beginning, to be now and in all time coming null, void and of no strength, force nor effect, as if the same had never been pronounced, and that it shall be lawful to the said Sarah MacDonald to serve herself and enter heir to the said deceased Archibald MacDonald, her father, or the said Colonel MacGillespick, her grandfather, or any of her predecessors in the said estate or any other estate wherein they or any of them died infeft, and to bruik and enjoy all freedoms and immunities as if the said sentences or acts had never been pronounced or made, and to enter to the peaceable possession of the said estate immediately without any let, obstacle or gainsaying.