appointed to the Vassals for conveening with the Prelats Lords of erections and other beneficed persons for appointing and setting downe of their due and right proportions of the said taxations which they ordaine to be upon the seventeenth day of September next to come which is declared to be the precise day of meeting to the effect foresaid And that no farther citation nor summoning shall be requisite to that effect than the publication and proclamation of this present Act at the market Crosses of the head Burrowes of this Realme and holdeth the whole remnant clauses and provisions of the Act of reliefe of his Majesties taxations as here repeated And ordaines letters to be direct hereupon ACT XXIII RATIFICATION OF THE LIBERTIES Of the Colledge of Justice OUR SOVERAIGNE LORD With advice and consent of the Estates of Parliament ratifies approves and confirmes all Acts of Parliament gifts grants donations whatsoever of all priviledges freedomes and immunities made given granted or conceived in favour of the Senatours of the Colledge of Justice by any of his Majesties Royall Predecessors or in any Parlialiament holden by them dispensing alwayes with the generalitie hereof And holding this generall ratification as sufficient as if the whole priviledges freedomes and immunities Acts and grants thereof were specially and at length insert hereintill ACT XXIIII RATIFICATION OF THE PRIVILEDGES Of the free Royall Burrowes OUR SOVERAIGNE LORD And Estates of this present Parliament Have ratified and approved and by the tenour hereof ratifie and approve of new all acts and constitutions of Parliament made by his Majesties Predecessours in favour of the free burrowes of this Realme and Burgesses and inhabitants within the same with all priviledges freedomes liberties and immunities granted and given to the whole burrows in generall in any time by past by any of our Soveraigne Lord his Majesties noble Progenitors with all that hath followed or may follow thereupon And decernes and declares the same to have full strength force and effect in all times hereafter so that the same may be put to full and due execution in all points And specially without prejudice of the generalitie above-written His Majestie and Estates ratifie the Act of Parliament made by his Highnesse Grandfather umwhile King Iames the third 1466. His second Parliament Cap. 11 Ordaining that none saile nor passe in Merchandise out of the realme but Freemen Burgesses dwelling within Burgh or their familiar factors servants being with them in houshold at meat and drink excepting and reserving to the Prelates Lords Barons and Clerks as in the said act is contained and all other exceptions contained in any act of Parliament in force preceding the day and date hereof And siclike the Act of Parliament made by King Iames the fourth of worthie memorie in the Parliament holden at Edinburgh the eleventh day of March 1503 yeares Cap. 84. Ordaining that no person dwelling out of Burrowes use any merchandise nor yet buy nor sell wine wax silkes spicerie wad nor siclike stuffe nor yet staple goods And that none pack nor pill in Leith nor other places without the Kings burrowes under the paine of escheat of the goods that bee topped sould packed or pilled contrary to that statute And siclike the 152 Act of umwhile King Iames the sixth His 12. Parliament Ordaining that no person exercise the traffique of Merchandise but Burgesses of free burrows under paine of escheat of their whole goods and geare the one halfe to his Majestie and the other halfe to the burgh apprehender And giving power to every burgh by themselves or a collector or commissioner depute by them to search the said unfree mens goods intromet therewith as escheat eyther within the Country or any other part to arrest call follow and pursue before unsuspect Bailiffs to bee creat by them As also the Sixth Act of King JAMES the Sixth His ninth Parliament Ordaining letters of horning to be direct against unfree men not being burgesses of the free royall Burrowes to finde caution for desisting from usurping of their liberties in all the heads clauses articles and circumstances thereof Like as his Majestie and Estates declare that the said liberties and priviledges mentioned in the said Acts are onely proper and competent to the free Burrowes Royall that have vote in Parliament and beare burden with the rest of the burrowes and to no others Prohibiting and discharging all persons who are not burgesses of the said free Royall Burrowes and beare not burden with the rest Of all using and exercising of the liberties and priviledges foresaid in all time comming And ordaine that letters of horning may bee direct by the Lords of Councell at the instance of all burrowes upon the foresaid Priviledges and former Acts of Parliament made thereupon And this present Act in all times to come for putting of the same to due execution with all rigour against them that do or come in the contrary of the Acts and Priviledges foresaid without calling of any partie ACT XXV RATIFICATION OF THE ACTS MADE In favour of the Justices of peace and their Constables and Commission to the Lords of Secret Councell thereanent OUR SOVERAIGNE LORD And Estates of Parliament ratifie approve and confirme the eighth Act of the twentie two Parliament holden by King Iames the Sixth of eternall memorie Intitulate Anent the Justices for keeping of the Kings peace and their Constables In the whole heads articles and clauses therein contained admitting the generalitie hereof to be als valid and sufficient as if the same were all herein per expressum ingrost Attour his Majestie and Estates foresaid give full power authoritie and commission to the Lords of his Majesties privie Councell to set downe and impose penalties upon such of the Justices of peace as shall not keep and observe the diets prefixed for their severall and particular meetings And with power likewise to the said Lords of privie Councell to enlarge and amplifie the power and authoritie of the said Justices of peace if they shall finde it necessarie and expedient and what they shall decrete and determine thereanent finde and declare that the same shall have the force strength and power of an act of Parliament ACT XXVI EXPLANATION OF THE ACTS OF PARliament made in favour of the Lords of session anent twelve pennies of the pound to be payed in decretes to be given by the said Lords hereafter OUR SOVERAIGNE LORD And Estates of Parliament for explanation of the former acts of Parliament made in favour of the Lords of session anent twelve pennies of the pound Statute and ordaine that whensoever the said Lords shall decerne ordain 12 pennies of the pound to be payd in any decrete or sentence to be given or pronounced by them at any time hereafter The same shall no wayes be payed by the parties purchasers and obtainers of the said decretes and sentences but by these parties alennerly against whom the said decretes and sentences shall happen to be obtained and purchased And the
heavie oppression of many of his Majesties good subjects who dwell near to the part where they resort speciallie in the Sherifdome of Perth Sterling Clackmannan Monteith Lennox Angus and Mernes Therefore for the timous preventing of the disorder and oppression that may fall out by the said name Clan of Mac-Gregour and their followers and for farther suppressing of them Ratifie and approve all Acts of Councell and Acts of Parliament made and granted heretofore against the said wicked and rebellious Clan of Mac-Gregour And farther his Majestie and Estates of Parliament statute and ordaine that the said name of Clan-Gregour and every one of them as they come to the age of sixteene yeares shall thereafter yearely give their compearance before the Lords of privie Councell upon the twenty fourth day of July if it be a lawfull Councell day failyieing thereof the next Councell day thereafter there find caution for their good behaviour obedience in all time coming And take to them some other sirname conforme to the acts of Councell alreadie made there-anent And if they faile in not compearance as said is and goe to the horne that then it shall be lawfull to any of his Majesties Lieges to take and apprehend them and present them to the Sheriffe of the Shire or his deputes or to the Stewarts of the Stewartrie or their deputes to the effect they may be presented before the Lords of privie Councell there to be taken order with as effeiris And if it shall happen any of his Highnesse good Subjects in taking any of the said Clan-Gregour being put to the horn as said is to hurt mutilate or slay any of them the partie who shall happen so to do their complices shall no wayes be subject nor lyable to law therefore nor incurre any paine or skathe in body or goods and shall be free of all pursuit criminall or civill to be intended against them at the instance of his Highnesse Advocate or any other partie But the same shall be holden and repute as good service done to his Majestie And farther our said Soveraigne LORD and Estates foresaid for the better extinguishing and extirpating of the said wicked and lawlesse Limmers Statute and ordaine that no Minister nor Preachers within the bounds of the High-lands or next bordering countreys thereto Banffe Innernes or regalitie of Spynie or Elgin Forres shall at any time hereafter baptize and christen any male childe with the name of Gregour under the paine of deprivation and that no Clerke or Notar in any time coming shall make or subscribe any band or other securitie under the name of Gregour or Mac-Gregour under the paine of deprivation And siclike statute and ordaine that all and whatsoever of the said Clan-Gregour that shall happen to bee within the said Kingdome upon the fifteenth day of March next to come shall give their compearance before the Lords of privie Councell at Edinburgh or where it shall happen them to bee for the time or the next Councell day thereafter To the effect that such of them as have alreadie found caution and whose cautioners are dead may finde new caution for their good behaviour in time coming And such of them who have never found caution may finde caution and suretie for their obedience in time coming with certification to them if they doe not compeare and that the Lords of privie Councell for their disobedience shall direct letters of horning against them or any of them and that they therefore be put to the horne that then it shall bee lawfull to any of his Majesties good Subjects to take and apprehend them where ever they may bee had and put them to the next Sheriffe Stewart Bayliffe of regalitie or their deputes To any of the Justices of peace or to the Provest and Bayliffs of Burrowes to the effect they may present them before the Lords of his Majesties privie Councell that such order may bee taken with the said rebels as the said Lords shall thinke expedient And farther our said Soveraigne Lord declares that if any of his Highnesse good subjects shall happen in intaking of the said rebels to hurt mutilate or slay any of them the partie who shall happen so to doe and their complices shall no wayes bee subject nor lyable to law therefore nor incurre any paine or skathe in their bodie or goods and shall bee free of all pursute criminall or civill to be intended against them at the instance of his Highnesse Advocate or any other partie But the same shall bee holden as good service done to his Majestie And likewise his Majestie and Estates foresaid statute and ordaine that if any of the said Clan-Gregour who shall happen to have compeared and found caution in manner above-specified bee found masterlesse in time coming having neither possessions nor callings whereupon to live nor will not take them to service That it shall bee lawfull to any of his Highnesse good subjects to take and apprehend them and present them to the next Sheriffe Stewart Bayliffe of Regalitie and their deputes or to the Provest and Bayliâ—es of Burrowes and that they may present them to the Lords and others of his Highnesse Councell there to bee taken order with as they thinke meete And siclike his Majestie and Estates of Parliament statute and ordaine That if any of the said Clan-Gregour shall happen to bee put to the horne by letters of horning direct against them by the Lords of Councell for the cause above written And that publication bee made thereof by the said Lords to all his Majesties Lieges and at all places needfull That then whatsoever person or persons shall resate supply or intercommon with the said rebels or any of them or supply them with meate drinke lodging or weapons directly or indirectly or any other necessaries shall be punished in their bodies goods and geare as intercommoners with rebels and sorners conforme to the lawes of this Kingdome against intercommoners and sorners And also his Majestie with consent of the Estates foresaid statutes ordaines and commands all Sheriffes Stewarts Provests Bayliffes of Burrowes and Regalities and all and sundrie his Majesties good subjects to assist and concurre with any of his Highnesse good subjects who shall happen to be in pursute of the said rebels And ficlike statutes and ordaines the said Provests and Bayliffes of Burrowes and Bayliffes of Regalitie to receive from the hands of his Highnesse good subjects the said rebels who shall happen to be apprehended by them in manner foresaid put keepe and deteine them in sure ward and firmance aye and while they be presented before his Majsties Councell or Justice And lastly his Majestie and Estates foresaid for suppressing of the said lawlesse limmers and Clan of Mac-Gregour nominates and appoints the Sheriffes of the Sherifdomes of Perth Dumbartane Angus Mernes Stirling and Stewarts of the Stewartries of Stratherne Monteith Banffe Innernesse Elgin and Forres and their deputes and the Shireffe of Cromartie
if the heritour being lawfully warned refuses to appeare Then with consent of the most part of the Parishioners to set downe and stent upon everie Plough or Husband Land according to the worth for maintenance and establishing of the said Schools And if any person shall find himself grieved it shall bee lawfull to him to have recourse to the Lords of secret Councell for redresse of any prejudice hee may or doth sustaine And ordaine letters to be direct for charging of the possessours for the time to answer and obey the schoole-masters of the duties that shall bee appointed in manner foresaid ACT VI AGAINST THE INVERTING OF Pious Donations OUR SOVERAIGNE LORD With the Advice of the Estates understanding that certaine persons piously disposed have of late bestowed certaine gifts in Lands heritages and summes of money in favours of Colledges Schooles Hospitals and other pious uses which by the Administrators and such others as they have entrusted with the managing thereof are inverted to other uses than the Will of the disponer upon some specious pretences contrarie or different from the Disponers intention to the evill example of others and the hinderance of such and the like charitable works against all reason and conscience THEREFORE it is statute and ordained that it shall no waies be lawfull to alter change or invert any of the said gifts legacies and other pious donations to any other use than that specifick use whereunto they are destinate by the Disponer himselfe And that the Heires Executors or others entrusted with the said gifts and legacies shall be comptable for the same to the use of the Kirkes Colledges and others to whom the said dispositions were made And that actions shall be competent eyther to the said Kirkes Colledges and others to whom the same were disponed or to the Bishops and Ordinaries within the Diocesses where the said Kirkes Schooles and others above-specified lye compelling them to apply the same to the true use And to make compt and payment of the ordinarie profits of everie years intromission at the rare allowed by the Lawes of the Realme by and attour the fulfilling of the Disponers Will And this Act to be extended to all Disposicions made at any time since the majoritie of King JAMES the Sixth or to be made hereafter in all time comming And that letters of horning bee direct at their instance by deliverance of the Lords of Session without citation of parties ACT VII ANENT INVADING OF MINISTERS OUR SOVERAIGNE LORD With the advice of the Estates ratifies and approves the Act of Parliament made in the yeare of God one thousand five hundred fourescore and seven yeares anent the Invaders of Ministers with this explanation and addition That whosoever invades any Minister or puts any violent hands on him by themselves their men tenants servants or any others by their hounding out direction or allowance for whatsoever cause or occasion whether the same be for the cause contained in the said Act or for any other cause otherwise than by order of Law or doth offer violence to them Shall incurre the like paine as is contained in the said Act and shall be judged after the forme and manner therein prescribed And declares that the same shall bee extended to all Archbishops Bishops and Ministers whatsoever having power by lawfull warrant to preach and administer the sacraments And because the malice of some is such that the invasion and violence foresaid may bee committed by lawlesse and unresponsall men the hounders out of whom cannot be gotten detected so as the benefite of this Act and the indempnitie of the said Church men and their foresaids may bee frustrate THEREFORE it is statute and ordained That the Landlords and Heritors and chiefe of Claimes and others in whose bounds the said offenders dwell or haunt ordinarily shall be holden upon the complaint of the partie offended to the Lords of his Majesties secret Councell to exhibite and produce the said malefactors before the said Judges to be censured and punished corporally or otherwise in their estates if they be responsall at the discretion of the said Judges And if it shall happen the said offenders to absent and remove themselves out of the bounds of the said Heritors and Landlords and others on whom they depend so that the said Landlords Heritors and others foresaid may precend that it is not in their power to exhibite the foresaid delinquents Therefore it is statute that if after the giving in of the said complaint before the said Judges and certiorating of the said Landlords and others foresaid eyther by citation charge or intimation or any other Legall manner of way if the said delinquents shall be found within the bounds of the said Landlords and others foresaid haunting publickly and openly by the space of ten daies That then and in that case the said Landlords and others foresaid shall be esteemed as connivers with the delinquents and be obliged under the like censure and punishment to exhibit them to the Councell ACT VIII OF RATIFICATION OF THE ACT OF Commission anent the Ministers Provisions OUR SOVERAIGNE LORD With the advice and consent of the Estates of Parliament ratifies and approves the Act of Commission of Surrenders and Teynds of the date at Holy-rude-house the twentie sixth day of June the yeare of God 1627 years whereof the Tenor follows The Commissioners after reasoning upon the lowest proportion and provision wherewith the Ministrie serving the Cure at each Kirke shall be provided Have found it meet and expedient that the lowest proportion shall be eight Chalder of Victuall where victuall is payed or proportionally in silver or victuall as the Commissioners shall appoint at the settling of the Kirke and according to the Estate of that part of the Countrey where the payment of the stipend shall occurre And thinke it meet that the said proportion of eight Chalder of victuall or proportionally in silver as said is shall be the lowest maintenance to each Kirke except such particular Kirkes occurre wherein there shall bee a just reasonable and expedient cause to goe beneath the quantitie now determined AND His Majestie and Estates foresaid referre to the Commissioners to be chosen by his Majestie at this present Parliament The consideration of the reasons and causes which may move them after the valuation of the true worth of the Teynds of like Parish be closed To determine and modifie a lesse quantitie for the Ministers maintenance nor the quantitie foresaid of eight chalder of victuall or eight hundred markes in victuall or moneys proportionally And what the said Commissioners shall determine therein the same to stand notwithstanding of this present Ratification And also his Majestie and Estates ratifie and approve the whole particular Acts of the said Commission of Surrenders and Teynds whereby stipends are appointed and modified by the said Commissioners alreadie And ordaine the Ministers to whom the same is assigned to have intromission therewith And that the Lords of Session direct
and approves the whole acts of annexation of whatsoever lands Lordships and Baronies annext to the Crown by his Majesties umwhile Father or any other his Majesties Predecessors And farther his Majestie and Estates foresaid and without derogation of the former annexations of new annexes the same to the crowne to remaine therewith for ever according to the conditions and provisions contained in the former acts of annexation of Lands to the crowne and specially of the act of annexation made in the dayes of King Iames the second in the moneth of August 1455. ATTOUR His Majestie with consent foresaid declares the right and title of Superioritie Of all sundrie lands baronies milnes woods fishings towers fortalices manour places and whole pertinents thereof pertaining to whatsoever Abbacies pryories pryoresses preceptories and whatsoever other benefices of whatsoever estate degree title name or designation the same be of erected in temporall Lordships baronies or livings before or after the generall act of annexation of kirke-lands made in the moneth of July 1587 yeares together with the whole few-maills few-fermes other rents and duties of the said superiorities To be annexed and to remaine with the Crowne for ever Reserving to such Lords and titulars of erections and each one of them who have subscribed the generall surrender the few-maills and few-fermes of their said superiorities aye and while they receive payment and satisfaction of the summe of a thousand markes usuall money of Scotland for each chalder of few-ferme victuall over-head and for each hundreth markes of few-maills and for each hundreth markes worth of all other constant rent of the said superiorities not consisting in victuall or money and not being naked service of Vassals according to the tenor of his Majesties generall determination according to the conditions therein exprest And reserving to them and to all other titulars of erection their propertie and proper lands to be holden of his Majestie and his successors in few-ferme for payment of the few-ferme duties and other duties contained in the old infeftments made to them their predecessors and authors before the said Act of annexation Like as his Majestie and Estates foresaid findes and declares that all titulars of erection without exception shall hold their propertie and proper lands of his Majestie and his successors in few-ferme for payment of the few-ferme duties contained in the infeftments granted to them and their foresaids before the said Act of annexation and no otherwise And his Majestie and Estates declares all rights and deeds whatsoever made and granted to whatsoever person or persons preceding the date hereof which may prejudge his Majestie and his Successors in the peaceable brooking enjoying and possessing of the said superiorities and few-ferme duties above-specified excepting and reserving as said is To be null and of none availe force nor effect by way of action exception or reply And sicklike his Majestie and Estates ratifies and approves the Acts of Parliament made by his Majesties said umwhile dearest Father of eternall memorie The fifteenth Parliament Cap. 233. Intitulate anent the annexation of the Kings annext propertie Together with the 234. Act of the said Parliament intitulate the annext propertie may not be disponed but in few-ferme allenerly And also the 236. Act of the same parliament intitulate disposition of the annext propertie made before the dissolution or not conforme to the conditions thereof is null And sicklike the 243. Act of the said fifteenth Parliament intitulate anent ratifications or dispositions made in Parliament And ordaines the same to have full force and effect in all time coming And declares all deeds done in contrary thereof to be null and of none availe by way of action exception or reply It is alwayes declared that under this present Act nor no clause thereof shall no wayes be comprehended the temporall lands superiorities and others pertaining to whatsoever Archbishops Bishops and their Chaptors but that the same shall remaine with them and their successors unhurt or prejudged by this present Act ACT XI OF DISSOLUTION FOR SO MUCH As albeit the lands Lordships Baronies and others of old are lately annext to the Crowne were and are for great and weighty considerations tending to the weale of the Crowne and whole Realme Ordained to remaine with our Soveraigne Lord and his Successors for ever And not to be disponed nor annalied in fee nor life-rent to whatsoever person or persons without advice of the three Estates of parliament and for profitable and seene causes tending to the weale of the whole Realme Yet neverthelesse it hath beene ever thought expedient in the dayes of our Soveraigne Lords most glorious Predecessors And no wayes derogatorie to the conditions of the said annexations but agreeable thereto as tending to the publique weale of the Crowne and kingdome that the annext and proper lands should be set in few-ferme for increase of policie and augmentation of the rentall And his Majestie being well pleased to observe and follow the order kept by his Majesties predecessors foresaid anent his Majesties annexed propertie THEREFORE His Majestie with consent of his three Estates of Parliament statutes and ordaines that it shall be lawfull to his Majestie enduring his time to set all sundrie lands Baronies Lorships milnes fishings and other his Majesties proper lands both of the old and new annexed propertie and of the temporalitie of kirke-lands in few-ferme so that it be not in dimininution of his Majesties rentall gressumes and other duties but in augmentation thereof providing alwayes that this present dissolution shall no wayes be extended to the setting in few-ferme of any of our Soveraigne Lords Castles Palaces Yards Woods Parks Forrests pastures for sheepe and nolt and in speciall the Lomonds of Falkland Coalheuches and offices But the same to remaine inseparablie annext to the Crowne notwithstanding of this present dissolution And declares that this present dissolution shall endure for the life-time of our Soveraigne Lord the Kings Majestie who now is allanerly So that the lands and other foresaids which he sets in few-ferme in his time with the condition foresaid shall stand perpetuallie to and in favours of the receivers thereof their heires and successors and after his decease the annexations made at this present Parliament and of before shall returne to the owne nature ACT XII RATIFICATION OF THE ACTS Of Interruption OUR SOVERAIGN LORD and Estates of Parliament ratifies and approves the Act of the Lords of Councell and Session of the date at Edinburgh the penult of March 1630 yeers anent the interruption of the Act of prescription in favour of his Majestie and his successors together with the act of secret Councell of the date at Holy-rudehouse the twenty sixt day of May 1630 yeeres Whereby the saids Lords of secret Councell have allowed and approved the said Act And ordaines the said Acts to be insert in this present ratification And his Majestie and Estates declares the said acts to have the full force effect and exeâ—ution
the acts of Parliament and lawes of the Kingdome and to the principalitie unlawfully disponed by his Majesties predecessors against the acts of Parliament and lawes of this Kingdome and to the reduction of whatsoever erections of whatsoever benefices spirituality or temporality thereof against the lawes acts of Parliament to the reduction of whatsoever patronages of kirkes pertaining to his Majestie and his predecessors unlawfully disponed by them against the acts of Parliament and against unlawfull dispositions of whatsoever lands teinds or rents doted to Hospitalities or mason-dieus and unlawfullie disponed against the acts of Parliament and against Regalities and heritable offices unlawfullie disponed contrarie the acts of Parliament and against all changed tenors of holding from ward to blensh or taxt ward granted by the Kings and Princes in their minorities and not granted or ratified by any king or prince being major with this declaration like as the said Lords declare that the same shall not prejudge any person whatsoever of their lawfull defence competent to them against any action to be intended hereafter at his Majesties instance and his successors except in so far as concerne the said act of prescription whereupon the said Lords declare that no exception shall be founded in prejudice of his Majestie and his successors concerning the premisses Followeth the tenor of the Act of Secret Councell Apud Holy-rude-house vicesimo sexto die mensis Maii anno Domini millesimo sexcentesimo tricesimo THE which day in presence of the Lords of Secret Councell compeared personally Sir Thomas Hope of Craige-hall Knight Baronet his Majesties Advocate and gave in the act of Session underwritten made in favour of his Majestie anent the Interruption of the act of prescription and desired the same to be insert and registrate in the bookes of privie Councell and the Lords authoritie to be interponed thereto which act of Session being read heard and considered by the said Lords and they being there-with and with the desire of the said Advocate well advised the Lords of Secret Councell thinke the course and order taken by the said Lords of Session for interrupting of the said act of prescription to be just and reasonable And therefore they ordaine the said act of Session to be insert and registrate in the bookes of privie Councell whereof the tenor followeth At Edinburgh the penult day of March the yeare of God 1630 years The which day in presence of the Lords of Councell compeared personally Sir Thomas Hope of Craige-hall Knight Baronet his Majesties Advocate and presented a Letter direct from his sacred Majestie whereof the tenor followeth CHARLES REX Right trustie and right well-beloved Cousin and Counceller and right trustie and well-beloved We greet you well Whereas by act of Parliament made in the moneth of June 1617 yeares All heritable rights cled with fourtie yeares possession are declared to be irreduceable in all time coming except the same be quarrelled within the space of fourtie yeares and by the same act there is libertie granted to all persons who might be prejudged by the said prescription of fourtie yeares already run and expired before the date of the said act To intend their actions within the space of thirteene yeares after the date of the said act And whereas We shortly after the decease of our dearest Father of eternall memorie made our generall revocation in the moneth of October 1625. Which revocation we by two speciall Letters of declaration one of the date at White-hall the twenty sixth day of January 1626 yeares And registrate in the bookes of our secret Councell the ninth day of February 1626 yeares And another of the date at Wainsteed the eleventh day of July 1626 yeares and registrate in the bookes of our secret Councell upon the twentie one day of July 1626 yeares Have restricted to the annulling of rights of the propertie of our Crowne as well annexed as unannexed whereof accompt hath beene made in our Exchequer and of the Principality unlawfully disponed by our predecessors against the lawes and acts then standing and to the annulling of erections other dispositions of whatsoever lands teinds patronages and benefices formerly belonging to the kirke and since annexed to the crowne And of any other lands and patronages which any wayes should justly belong to the kirke or crown and of whatsoever lands and benefices mortified and devoted to pious uses and of Regalities heritable offices and of the change of holdings from the ancient holding of ward and reliefe to blensh and taxt ward since the yeare of God 1540 yeares And because we were unwilling to enter in processe with our Subjects anent the premisses but rather desired to take a faire course with all such as would voluntarily treat with Us or our commssioners there-anent THEREFORE We were pleased by our commission of the date at White-hall the seventeenth day of Januarie 1627 yeares To appoint certain of our Nobilitie Clergie Gentrie Barons and Burrowes to be commssioners to treat and deal betwixt Us and our Subjects in the premisses And albeit the said commission hath made a good progresse in the said matter of erections and teinds and that a great number of our subjects having interest therein have subscribed unto us generall submissions whereupon We have given forth our severall determinations for the good of our subjects and establishing the perpetuall quietnesse and peace of that our ancient Kingdome Yet it is certaine that many of these who have interest in erections and teinds lye forth and have not subscribed the said generall submissions Like as also the remanent points of our said commission anent the patronage of kirks rights infeftments of our Propertie and Principalitie Regalities Heritable office and Changed tenour of holdings in blensh or taxt Wards are not as yet begun to be handled and treated and cannot possibly be finished and closed before the expiring of the time and yeares of the interruption allowed by the said act And because we will not suffer our self nor our successors to be prejudged by delay of the execution of the said commission of the lawfull actions competent to Us them for reducing such rights of the premisses unto the which we have undoubted interest And seeing a multitude cannot be commodiously summoned and warned personally and at their dwelling places in so short time as is to run of the said time of prescription Therefore and for preservation of our rights and actions competent of Us and our successors anent the premisses necessarie it is that some solemne Act be done by Us to testifie our will and resolution to prosecute our said actions in the owne time if the same be not taken away and removed by the said commission which we thinke cannot be more properly and conveniently done nor by inserting of that our declaration in your bookes of Session and directing of Letters of publication thereupon certifying all our Lieges who have interest in the premisses by open proclamation at the
and his deputes and the Provests and Bayliffes of the Burrowes there The Earles of Errole Montros Athol Perth Tullibairdin Sea-fort Vicount of Stormonth Lord Ogilvie The Lairds of Glenurquhy Lawers Garntullie Weymes Glenlyon Glenfalloch Edinampill Grant or any of them his Majesties Justices in that part for setting trying and doing Justice upon the said rebels of Clan-Gregour or any of them and their complices who shall be apprehended by any of his Highnesse good subjects for theft sorning or slaughter with power to them to hold Courts proceed and minister Justice upon the said rebels apprehended as said is as accords And where ever his Majesties good subjects shall happen to apprehend any of the said rebels sorning commiting theft or slaughter and shall present them to the said Lords of Councell Justice or Justice generall or Commissioners above-specified or either of them the doer of that service shall have for his reward the moveable goods and geare of the offender taken and presented by him in manner foresaid ACT XXXI IN FAVOUR OF HIS MAJESTIE AND Lieges Intitulate Salvo jure cujuslibet OUR SOVERAIGNE LORD and Estates of Parliament declare that no particular Acts made in favour of any of his Majesties subjects at this present Parliament nor no acts of ratification made in their favour shall prejudge his Majestie nor his successours of the acts and statutes under written made in favour of his Majestie in this same Parliament viz. The act of his Majesties revocation The act anent the superiorities of erections The act anent regalities of erections and the acts made or ratified anent his Majesties annexed properties And his Majestie and Estates finde and declare the said particular acts and acts of ratification made in favour of any of his Majesties subjects in so far as the same or any of them may prejudge his Majestie or his successours of the said acts statutes made in his Majesties favour or of the benefit thereof in whole or in part to bee null and of none avail force nor effect by way of exception or reply And siclike statute and ordaine that the said particular acts and acts of ratification shall not prejudge any third party of their lawfull rights nor of their actions and defences competent thereupon before the making of the said particular acts and acts of ratification But that the Lords of Session and all other Judges shall bee obliged to judge betwixt the parties according to their rights standing in their person before the making of the said particular acts And that in respect the said particular acts and acts of ratification are made without hearing of parties having interest and therefore are made Salvo jure cujuslibet Like as his Majestie and Estates declare That this is was the true meaning of all the acts made in the preceding parliaments Intitulate Acts salvo jure cujuslibet Excepting alwayes forth of this present act a ratification of the mortification of the Abbacie of Dundrenan to the Chappell-royall in favour of the Bishop of Dunblane The act of ratification of the benefice of Failfuird with the pertinents granted to Master Walter Quytfuird with the act of dissolution of the Abbacies of Holy-rude-house and New-Abby all past in this present Parliament excepting also forth of this present act The act of ratification and dissolution made in favour of the Marquesse of Hamiltoun anent his right to the impost of the Wines new and old gifted by his Majestie to him for the space of sixteene yeares specified in his gifts and grants made to him thereupon and also excepting forth hereof the ratification of the contract past betwixt his Majestie and the Lord Lorne Anent the heritable office of Justiciarie within the bounds therein mentioned dated the third and twentie third day of April 1628 yeares And of the Charter under the great Seal precept and instrument of seizing following thereupon together with libertie of creation of Clerks members of court directing of precepts and letters of horning and power to denounce and with all other priviledges therein contained And siclike of the three severall acts of Councell and an act of Exchequer all relative to his rights of the said office of justiciarie and in favour of the said Lord Lorne Page 51 line 18. for respected read repeated Collected visied and extracted forth of the Book and Register of the Acts of Parliament by me Sir John Hay of Lands Knight Clerke of his Majesties Councell Register and Rolls Vnder my Signe and Subscription manuall JOHANNES HAY Clericus Registri FINIS A TABLE OF The Particular Acts and others exped and past in this first Parliament of our Soveraigne Lord Charles By the grace of God King of Scotland England France and Ireland Defender of the Faith Holden at Edinburgh the twentie eight day of June 1633 yeares not imprinted 1 COmmission for serveying the Lawes 2 Commission anent the admiralitie and chamberlanry 3 Commission to the Lords of secret Councell for deciding the question betwixt the Shires of Perth Forfar and Fyfe and the burgh of Dundie anent the Ladle full of corne brought to their markets Anent the petition given in by the Tanners against the Lord Erskeine Anent Master David Wedderburnes Grammer Anent freedom of foggage pasturage c. to Ministers Anent reforming the malt-mens price betwixt the boll of beir and malt Anent establishing of correction houses Anent the mutuall interchange of forbidden goods betwixt Scotland and England Anent inbringing of manufactories Anent reformation of abuses in presenting playding to faires and markets Anent discharge of Robert Buchanes patent of the pearle and all otheir monopolies Anent reformation of bleatching of linen cloath Anent discharge of impositions upon victuall brought from forraine parts 4 Commission to the Lords of secret Councell anent the scarsitie of coyne of gold and silver within this Kingdome Anent the frequent course of Dollors and base copper money Anent the penaltie of the breakers of cthe Act of Parliament anent metts and measures Anent addition to the booke of rates of the prices to be taken by the Clerke of the bills for allowance of comprisings 5 Protestation by his Majestie anent the coyne 6 Commission to the Lords of secret Councell anent the petition presented by John Lord Torphichen in Parliament 7 Commission to the Lords of secret Councell anent the Lord Spynies gift of being Generall muster-master and Collonel within this Kingdome 8 Commission to the Councell anent the exchange of Moneys betwixt Scotland and England 9 Commission to the Councell anent the criminall judicatorie 10 Commission to the Commissioners of surrenders anent the disjoyning of meikle and little Daliouns from the Kirke of Mouswald and planting of the new Kirke of Beith 11 Commission to the Lords of Exchequer anent Robert Young printer his gift Anent the petition of Ionet Keine and the heires of Andrew Hart. Anent Master Robert Craiges pension of five hundreth pound Anent the mean Vassalls of Kirke-lands their enterie Anent upholding of the cathedrall Kirke
Balhagradie 141 Act in favour of the Laird of Makclachin 142 Act in favour of the Kirke of Pittinwyme 143 Act in favour of the Kirke of Eymouth 144 Act in favour of the Minister of Coldinghame 145 Act in favour of the Minister of Bruntiland 146 Act of dissolution of Lugtoun and Melvill from the Parish of Saint Andros and union thereof to Dalkeith and Laswade 147 Act anent the Parsonage of Dalkeith and payment of the taxation thereof 148 Act in favour of sir Richard Murray of Cokpull 149 Act in favour of the Minister of Colbrandspeth 150 Act in favour of sir Iohn Charters of Aimisfield 151 Act in favour of sir Patrick Hamiltoun ef little Prestoun 152 Act in favour of the Laird of Balvaird 153 Protestation Earle Annandail 154 Act in favour of Iohn Hamiltoun of Boghall and his spouse 155 Act in favour of William Lockhart of Carstairs 156 Protestation Marques of Hamiltoun 157 Protestation Marques of Dowglas 158 Protestation Archbishop of Glasgow 159 Act in favour of Master Robert Gordoun of Strealoch 160 Act disuniting the Kirkes of Ebdie and Newburgh 161 Act anent the erection of the Parish Kirke of Strechine 162 Protestation Lord Lundors 163 Act in favour of sir George Hamiltoun 164 Act uniting certaine lands to the Kirkes of Corstorphine and Hails 165 Act in favour of Iames Hay of Smithfield 166 Act in favour of sir Iames Balfour 167 Act in favour of Alexander Cuningham of Barnes 168 Protestation Archbishop of Saint Andrews 169 Act in favour of the Master of Elphingstoun 170 Act in favour of Master Alexander Keith of Benholme 171 Act dissolving foure prebendaries from the parish Kirke of Corstorphine to the Colledge Kirke thereof 172 Act in favour of sir Iohn Achmootie of Gosfuird 173 Act in favour of sir George Ogilvie of Bamffe 174 Protestation Doctor Philip contrary the act of erection of the Kirk of Kingsbarnes in favour of the Lord Lindesay 175 Protestation Earle Lauderdaill contra Iames Livingstoun of Beill 176 Act in favour of sir Thomas Hope of Craig-hall Knight Baronet A TABLE OF THE PRINTED ACTES AND Lawes past in this first PARLIAMENT of our Soveraigne Lord King CHARLES c. and in what leafe and page the same is to be found 1 ANent the taxation granted to his Majestie of thirtie shillings termly upon the pound land and the sixteenth pennie of all annuall-rents pag. 3. 2 Anent the collecting and inbringing of the taxation and reliefe to prelates 9. 3 Anent his Majesties royall Prerogative and Apparell of Kirkemen 18. 4 Ratification of the Acts touching Religion ibid. 5 Ratification of the act of Councell anent the plantation of schools 19. 6 Anent the inverting of pious donations ibid. 7 Anent invading of Ministers 20. 8 Ratification of the act of Commission anent the Ministers provisions 21. 9 The Kings generall Revocation 22. 10 Anent annexation of his Majesties propertie 28. 11 Act of Dissolution 30. 12 Ratification of the act of Interruption 31. 13 Anent Regalities of erections 36. 14 Anent superiorities of Kirkelands 38. 15 Anent his Majesties annuitie of teinds 39. 16 Anent Vassals holding Ward 41. 17 Anent the rate and price of teinds 42. 18 Anent the Exchequer 44. 19 Commission for valuation of teinds not valued rectifying the valuation of the same already made and other particulars therein contained 45. 20 Anent the King his designation of the names to be insert in the Commissions anent the tithes and lawes 52. 21 Anent the annuall of eight to bee taken of ilk hundred in time to come alannerly suspending the same for three yeares and in the interim two of ten to bee payed for the said space to his Majestie ibid. 22 Anent the Lords of session their taxation of ten shillings to be imposed upon everie pound land of old extent 53. 23 Ratification of the liberties of the Colledge of Iustice pag. 56. 24 Ratification of the priviledges of the free royall burrows 57. 25 Ratification of the acts made in favour of the Iustices of peace and their Constables and Commission to the Lords of secret Councell thereanent 58. 26 Explanation of the Acts of Parliament made in favour of the Lords of session anent twelve pennies of the pound to be payed in decreets given by the said Lords hereafter 59. 27 Act pardon penall statutes ibid. 28 Ratification in favour of the Vicount of Sterling of the infeftments and signature granted to him of the Dominions of new Scotland Canada in America priviledges therein contained and of the dignitie and order of knight baronets and act of convention of Estates made thereanent 60. 29 Act in favour of the Earle of Mortoun and the Lord Dalkeith his son anent the Loch of Levin preservation of the fishings thereof 61. 30 Act anent the Clan-Gregour 62. 31 Act in favour of his Majestie and Lieges intitulate Iure salvo cujuslibet 56. FINIS
impoverishing a number of the said Fermerers labourers and tenants and bringing of them to utter wrack and ruine whereas of reason they should be altogether free from payment of any taxations And the same should be payed by such as have free rents lands and goods of their owne FOR REMEDIE whereof it is staturte and ordained that no persons whatsoever exact or compell his tenants or fermerers removeable who payes ferme and other deare duties for the lands occupied by them to pay any part of this present Taxation or to seek reliefe at their hands of the same And if the same be found done by any persons that they shall be called and conveened therefore before his Majesties Justice and his Deputies or before his Majesties Councell as violent and masterfull oppressors of his Majesties subjects and punished therefore according to Justice AND FURTHER the said Estates beside the ordinarie taxation above-written have for the space of six years next and immediately following the terme of Martinmasse 1634. years freely and voluntarily granted to his Majestie a yearly extraordinary taxation of the sixteenth pennie of all annuall rents which any person or persons within this Kingdome half freely due and payable unto them yearly and termly their own annuall rents wherein they are adebted to others being first deduced The first termes payment thereof shall be and beginne at the said Feast and terme of Martinmasse 1634. yeares and so forth yearly and termely at Martinmasse and Whitsunday untill the said six yeares and twelve termes payment thereof be fully and completely out-run AND whereas his Majestie and Estates have by act of Parliament authorised all and sundrie heretable Sheriffs Stewarts Bayliffs and Bayliffs of regalities and their Deputes and the Provests and Bayliffs of free burrowes within the bounds of their jurisdictions as likewise the Clerks within the jurisdictions where these offices are not heretable which Clerks have their offices ad vitam To collect the said extraordinarie taxation and to make payment thereof to the Collector generall of the some taxation THEREFORE and for inbringing of the said extraordinarie taxation Ordains letters to be direct charging all and sundrie the said heretable Sheriffs Stewards bayliffs bayliffs of regalities and their Deputes and Clerks and the said Provests and bayliffs of free burrowes and their Clerks as likewise the Clerks within the jurisdictions where these offices are not heretable that they and every one of them by North the water of Dee within the space of fifteen dayes after every terme of Martinmasse and Whitsunday and that they and every one of them by South the water of Dee within the space of ten daies after every terme of Martinmasse and Whitsunday deliver to his Majesties said Collector generall a true and just accompt and inventar of the whole summes of money due to be payed by any person within the bounds of their jurisdiction for his part of the said extraordinary taxation And that they give up the same compt inventar upon their oath solemnly sworne that the same is just and true And to make payment to his Majesties said Collector generall or to his Deputes in his name having his power to receive the same of the whole moneys due to be payed to his Majestie conforme to the said compt and inventar within twentie dayes after each terme under the paine of rebellion And in case the said Sheriffs Stewarts Bayliffs Bayliffs of regalities their Deputes and Clerks failye c. To denounce and escheat c. FOR WHOSE RELIEFE that letters be direct charging all and sundrie the said annuall renters to make payment to the said Sheriffs Stewards Bayliffs Bayliffs of regalities their Deputes and Clerks Provests and Bayliffs of free burrowes of the said sixteenth pennie of all annuall-rents freely due and payable to them within twentie daies next after the charge under the paine of rebellion c. And if they failye c. To denounce c. And if neede bee That the said Sheriffs Stewards Bayliffes of Regalities Clerkes Provests and Bayliffs of free burrowes poynd and distrenyie therefore as they shall thinke most expedient AND His MAIESTIE and the said Estates ordaine the Lords of Session to bee onely Judges to all suspensions to bee craved and suted by any of our soveraigne Lords Lieges touching the said taxations Which suspensions the said Estates finde may be granted upon lawfull and equitable reasons to bee considered by them And discharge all other Judges within this Kingdome of granting of any suspensions thereanent With power to the said Lords To delegate five at the least of their ordinary number as they shall think expedient To sit cognosce and decide the said suspensions in time of vacance if neede be And sicklyke to depute Commissioners for trying and judging of concealements with als ample and full power to be given to them as the said Lords of Session by vertue of this present Act have ACT III. ANENT HIS MAJESTIES ROYALL Prerogative and Apparell of Kirkmen OUR SOVERAIGNE LORD With advice consent and assent of the whole estates acknowledging his Majesties Soveraigne Authoritie Princely Power royall Prerogative and Priviledge of his Crowne over all Estates Persons and Causes whatsoever within this Kingdome Ratifies and approves the Act of Parliament made in the year 1606. anent the Kings royall Prerogative and perpetually confirms the same for his Highnes his Heires and Successors al 's amply absolutely freely in all respects as ever any of his Majesties royall Progenitors did possesse and exercise the same And withall remembring that in the Act of Parliament made in the yeare 1609. anent the Apparell of Judges Magistrates and Kirkmen IT WAS agreed That what order soever his Majesties Father of blessed Memorie should prescrive for the apparell of Kirkmen and send in Writ to his Clerk of Register should bee a sufficient Warrant for inserting the same in the bookes of Parliament to have the strength of an Act thereof HAVE all consented that the same Power shall remaine with the Person of Our Soveraigne Lord and His Successours that now is And with the same clause for execution thereof as in the said Act is contained ACT IIII. RATIFICATION OF THE ACTS Touching RELIGION OUR SOVERAIGNE LORD With advice and consent of the Estates ratifies and approves all and whatsoever acts and statutes made before anent the libertie and freedome of the true Kirke of God and Religion presently professed within this Realme And ordaines the same to stand in their full force and effect as if they were specially mentioned and set downe herein ACT V. RATIFICATION OF THE ACT OF Councell anent Plantation of Schooles OUR SOVERAIGNE LORD With the Advice of the States ratifies the Act of secret Councell dated at Edinburgh the tenth day of December one thou sand six hundred and sixteene years made anent the planting of schooles with this addition That the Bishops in their severall Visitations shall have power with consent of the heritours and most part of the Parishioners And
Letters of horning and poynding in favour of the said Ministers conforme thereto upon one simple charge of ten daies allennerly And also upon all other Acts to be made for plantation of Kirks by the commissioners appointed by his Majestie Estates for that effect And it is declared that these presents shall be without prejudice to the titulars and others having interest to pursue for rectifying of such valuations as are or shall be enormely undervalued and also without prejudice of the ministers maintenance and augmentation proportionally effeiring to the true and just worth of the Teind c. ACT IX THE KINGS GENERALL REVOCATION FORSOMUCH As our Soveraigne Lord the Kings Majestie shortly after the decease of his Majesties umwhile dearest Father King JAMES the sixt of ever blessed memorie for preserving of the libertie and priviledge due to his Majestie by the common law and by the acts and statutes of the Kingdome And following the laudable custome used before by his Majesties Predecessours in making of their Revocations Did upon the twelfth of October 1625. make and give forth his generall revocation under his privie Seale as the same in the selfe at more length beares AND HIS MAJESTIE being now present in his Royall person within this Kingdome and having by Gods grace favour and blessing and with the generall acclamation joy and comfort of his Subjects acccepted the Crowne thereof wherein he is gloriously inaugurate and now holding the first Parliament of his whole Estates of the said kingdome with whom his Majestie hath advised and resolved anent the said Revocation Therefore his Majestie with consent of the three Estates and whole body of this present Parliament Hath statute enacted and ordained and by these presents statutes enacts and ordaines in manner following IN the first His Majestie and whole Estates of Parliament revokes casses and annuls all Infeftments Charters Precepts Confirmations Alienations Gifts Donations Rights Securities and other Dispositions whatsoever of any rents lands Lordships Baronies Heritages Teinds Patronages of kirks offices priviledges and others whatsoever annexed to the Principality or to the Prince who is second person of the Realme made convoyed signed or consented unto by his Mties selfe in his minoritie and lesle age or by his Mties umwhile dearest Father for himselfe as Prince of Scotland or as Father and lawfull administratior to his Majestie or to umwhile Prince Henrie his Majesties Brother of worthie memorie or by the said umwhile Prince Henrie himselfe or made and granted by his Majesties said umwhile dearest Father or any other his Mies Predecessors kings of Scotland in their times to whatsoever person or persons in hurt and prejudice of the Prince second person foresaid or made and granted by his Majestie at any time preceding the date hereof unlawfully and against the lawes of the kingdome the same being tried and found to be so ITEM His Majestie with consent of the said Estates revokes casses annuls retreats rescinds all sundrie Infeftments grants dispositions confirmations and other rights whatsoever made by his Majestie induring his minorie and lesse age to whatsoever person or persons in fee frank-tenement or otherwise of the lands kirkes teinds patronages offices and others pertaining to the Lordship of Dumfermeling to the which his Majestie succeeded as onely Sonne and Heire to his Majesties umwhile dearest Mother Queene Anna who was heritably infeft in the said Lordship of Dumfermeling And sicklike revokes all gifts alienations dispositions and other rights whatsoever made by his Majestie or his said dearest Mother unlawfully and against the lawes of the kingdome of the said Lordship or of any lands teinds offices kirks patronages and others pertaining to the said Lordship at any time preceding the date hereof the same being so found and verified before the ordinary Judge ITEM His Majestie Estates foresaid revokes casses annuls retreats and rescinds all sundrie infeftments charters gifts donations confirmations alienations pensions and other dispositions whatsoever made convoyed signed or consented unto by his Majestie or by his Majesties umwhile dearest Father or by any other his Majesties Predecessours in their severall times to whatsoever person or persons in any manner of way in fee few-ferme frank-tenement or otherwise whatsoever of any lands rents Lordships Baronies Patronages of kirks customes annuals fishings liberties of fishings burrow-mails other rents castle-wards or other whatsoever annext to the crowne offices of justitiary stewartrie and bailliarie within the same appertaining thereunto contrarie to the Acts of annexation made thereupon of before And where lawfull dissolution of the said annexation was not made by his Majestie his said umwhile dearest Father and his said Predecessors kings of Scotland in their majoritie with consent of the three Estates of Parliament in their severall times for setting of the same in few-ferme with augmentation of the rentall To the effect the same may be of none availe in time comming after the date hereof by way of action exception or reply ITEM His Majestie with consent foresaid revokes annuls retreats and rescinds all infeftments donations alienations and other dispositions whatsoever made by his Majestie or his said umwhile dearest Father either in their minoritie to their hurt and lesion or in their majoritie against the Lawes and Acts of Parliament to whatsoever person or persons of whatsoever lands rents annuals and revenews not annext to the crown whereof his Majesties umwhile dearest Grandmother Queen Mary was in possession before the coronation of his Majesties umwhile dearest Father of happy memore And of all offices such as Chamberlaneries bailliaries office of customarie made for moe yeares but from the Exchequer till the compt be made in the Exchequer following constableries bailliaries takes and rentals of his Majesties proper lands and rents above the space of five yeares made granted contrary against the Lawes and Acts of Parliament of the Kingdome the same being so found and tryed ITEM His Majestie with consent of the Estates revokes casses annuls retreats and rescinds all and whatsoever Infeftments rentals and other rights whatsoever of any part of the annext property or of the few-fermes of whatsoever proper lands annext to his Majesties Crowne made to whatsoever person by his Majestie or his umwhile dearest Father or any other his Majesties Predecessors which are made in diminution of the rentall and hurt of the Patrimonie of the Crowne where the diminution may be proved and verified ITEM His Majestie revokes casses annuls retreats and rescinds all and whatsoever Infeftments alienations and dispositions made by his Majestie or by his umwhile dearest Father or any other his Majesties noble Progenitors of the few-ferme victuall of any lands pertaining to the Crowne which were lawfully set in few of before for payment of the few-ferme victuall and the same few-ferme victuall is set thereafter in few or otherwise for silver payment because such a set or few-ferme being so found and tryed is clearly understood to be to the great abuse hurt and diminution of his
of a law statute and act of Parliament in favour of his Majestie and his successors in all time coming Followeth the tenor of the Act of Councell and Session AT EDINBVRGH The penult day of March the yeare of God 1630 yeers The which day in presence of the Lords of Councell and Session compeered personally sir Thomas Hope of Craige-hall Knight Baronet his Majesties Advocate and presented a letter directed from his sacred Majestie whereof the tenor followeth REX Right trustie and right welbeloved Cousin Counceller and trusty welbelowed We greet you well Whereas by Act of Parliament made in the moneth June 1617 yeers all heritable rights cled with fourtie years possession are declared to be irreduceable in all time coming except the same be quarrelled within the space of fortie years And by the same Act their is libertie granted to all persons who might be prejudged by the said prescription of fourtie yeers already run and expired before the date of the said Act. To intend their actions within the space of thirteen yeers after theate of the said act And whereas we shortly after the decease of our dearest Father or eternall memorie made our generall revocation in the moneth of October 1625 years Which revocation we by two speciall letters of declaration one of the date at White-hall the twentie sixth day of Januarie 1626 years And registrate in the bookes of secret Councell the ninth of February 1626 yeares And an other of the date at Wainsteed the eleventh of July 1626 yeers And registrate in the bookes of secret Councell upon the twentie one of July 1626 years Have restricted to the annulling of rights of the propertie of the Crowne as well annaxed as unannexed whereof accompt hath been made in Exchequer and of the principalitie unlawfully disponed by our Predecessors against the lawes and Acts then standing and to the annuling of erections and other dispositions of whatsoever lands teinds partronages and benefices formerly belonging to the Kirk and since annext to the Crowne And of any other lands and benefices mortified and devoted to pious uses And of Regalities and heritable offices and of the change from the ancient holdings of ward and reliefe to blensh or taxt ward since the yeer of God 1540 yeeres And because We were unwilling to enter in processe with our Subjects anent the premisses but rather desired to take a faire course with all such as would voluntarily treat with Us or our Commissioners there-anent THEREFORE We were pleased by our Commission of the date at White-hall the seventeenth day of January 1627 yeeres to appoint certaine of our Nobilitie Clergie Gentrie Barons and Burrowes to be commissioners to treat and deal betwixt Us and our Subjects anent the premisses And albeit the said Commission hath made a good progresse in the said matter of erection and teinds and that a great number of our subjects having interest therein have subscribed to us generall submissions whereupon We have given forth our severall determinations for the good of our Subjects and establishing of the perpetuall quietnesse and peace of that our ancient Kingdome Yet it is certaine that many of these who have interest in erections and teinds lye forth and have not subscribed the said generall submissions Like as also the remanant points of our said Commission anent the patronage of Kirks rights and infeftments of our Propertie and Principalitie Regalities Heritable offices and Changed tenours of holding in blensh or taxt Wards are not as yet begun to be handled and treated and cannot be possibly finished and closed before the expiring of the time and yeers of interruption allowed by the said Act. And because We will not suffer our selfe or our Successors to be prejudged by delay of the execution of the said commission of the lawfull actions competent to us and them for reducing of such rights of the premisses to the which We have undoubted interest And seeing a multitude cannot be commodiously summoned and warned personally or at their dwelling places in so short time as is to run of the said time of prescription Therefore and for preservation of our rights and actions competent to us and our Successors anent the premisses Necessary it is that some solemne Act be done by us to testifie our will and resolution to prosecute our said actions in the owne time if the same be not taken away and removed by the said commission which we thinke cannot be more properly and conveniently done nor by inserting of this our declaration in your Bookes of Session and directing of Letters of publication thereupon certifying all our Lieges who have interest in the premisses by open proclamation at the market crosse of our Burgh of Edinburgh other places needfull of this our pleasure will and declaration And that the same be declared by you to have the strength force vertue and power of a legall and perfect interruption And therefore We require you immediately after the sight hereof to cause insert these presents in your Bookes of Session and to declare the same to have the force of a legall and lawfull interruption and to direct Letters of publication thereupon in forme as effeires Which not doubting you will doe We bid you farewell From our Court at White-hall the twenty ninth day of November 1629 years with the which letter tenor contents desire thereof after that the same with the act of parliament wheruno it is relative was read in their whole presence The said Lords being well ripely advised having considered the justice and equitie of his Majesties will pleasure therein contained they have ordained ordaine the said letter declaration therein contained to be insert and registrate in their bookes of Sederunt and ordaine Letters of publication to be direct and passe thereupon certifying all his Majesties Lieges who have interest by open proclamation at the market crosse of Edinburgh and other market crosses of the Kingdome where the lands Baronies and others under written lye or where the persons and subjects dwell and remaine against whom the said declaration is to have the effect of a legall interruption in manner following And by open proclamation at the said market crosse of Edinburgh Pier and shore of Leith for all such of his Majesties Lieges who are forth of this Realme Of his Majesties pleasure will and declaration and of the said Lords their decrete and authoritie interponed thereto Like as the said Lords declare That the said declaration registrate as said is and to be published in manner foresaid shall have the strength force and power of a legall and perfect interruption against all persons having interest and that in so farre alennerly as may be extended to the particulars followings To wit To his Majesties annexed propertie and his Majesties propertie unannexed whereof the fermes duties or few-fermes have been compted in his Majesties Exchequer since the moneth of August 1455 yeares unlawfully disponed by his Majesties predecessors against
superioritie of all and sundrie lands baronies milnes woods fishings towers fortalices manour places and whole pertinents thereof pertaining to whatsoever abbacies priories prioresses preceptories and whatsoever other benefices of whatsoever estate degree title name or designation the same bee of Erected in temporall Lordships baronies or livings before or after the generall annexation of Kirke-lands made in the moneth of July one thousand five hundred fourscore and seven years And to the whole casualities of the said superiorities not disponed before the date of the generall Commission which is of the date at Whitehall the seventeenth of Januarie 1627 yeares And also to the whole few-mails few-fermes and other rents and duties of the said superiorities of all yeares after the date of the said Commission Reserving to such Lords and Titulars of Erections who have subscribed the general surrender the few-mails and few-ferms of their said superiorities ay and while they receive payment and satisfaction of the sum of one thousand markes usuall money of Scotland for ilk chalder of few-ferme victuall overhead And for ilk hundreth markes of fewmails and for ilk hundreth markes worth of all other constant rent of the said superiorities not consisting in victuall or money and not being naked service of vassals according to the tenour of his Majesties generall determination and conform to the conditions therein contained which are holden as repeated and exprest here And sicklike with this declaration that these presents shall be without prejudice to the said Lords and titulars of erection of whatsoever lands baronies woods fishings manour places milnes multors and others of the said erected benefices pertaining to those who have surrendred as said is in propertie And whereof they had the right of propertie the time of the said generall surrender acquired by them eyther before or since the said erections by whatsoever maner of way according to the Lawes of the Kingdome Providing they hold the said propertie of his Majestie and his Successors as the same were holden before the date of the said erections And for payment of the few-mails few-ferms and other duties mentioned in the old infeftments of the said lands before the date of the said erections AND His Majestie and Estates declare all rights and deeds whatsoever granted by his Majestie or his umwhile dearest Father or Grandmother Queene Marie to whatsoever titulars of erections which may prejudge his Majestie and his Successors in the peaceable brooking joying and possessing of the said superiorities and whole benefit thereof above-specified under the exceptions alwaies and provisions above-written To be null and of none avail force nor effect by way of action exception or reply And also findes and declares that the said Lords and titulars of erection shall hold their propertie and proper lands Of his Majestie and his Successors as the same were holden before the date of the said erections And for payment of the few-mails few-fermes and other duties mentioned in the old infeftments of the said lands granted to them and their authors before the date of the said erections It is alwaies provided and declared that these presents nor no clause therein contained shall be extended to the superiorities of whatsoever lands baronies and others pertaining to whatsoever Archbishop Bishop and their Chaptors but that the same shal remaine with them and their Successors unhurt or prejudged by this present Act ACT XV ANENT HIS MAJESTIES ANNUITIE Of Teinds OUR SOVERAIGNE LORD And Estates of Parliament ratifies and approves the Act of the generall Commission of Teinds and Surrenders Of the date at Holy-rude-house the twenty ninth of May 1627. years whereby it is found and ordained That his Majestie and his Successors shal have the constant rent and dutie following payed out of the teind bolls of victuall And out of the bodie of the rest of the teinds of the Kingdome redacted in money Except the teind bolls and silver payed to the Bishops being the rent pertaining to them in the estate wherein the same is presently payed or presently payable to them And except the teind bolls and silver payed to Ministers in name of stipend for serving the cure and to the Colledges Hospitals and other pious uses That is to say Of every teind boll of the best wheat ten shillings Of everie boll of the best teind beare eight shillings And of everie boll of the best teind oates meale pease and rye sixe shillings And where oates are of that nature that they will not render above half meale the rent to be three shillings And where the bolls of victuall are of inferiour goodnesse worth and price nor the best That his Majesties annuitie forth thereof shall be modified proportionally And where the rent doth not consist in victuall but in money that his Majestie and his Successors shall have of every hundreth markes of Parsonage and Vicarage teind not consisting in victuall rent the summe of six markes money Together with the Act of the said commission of the date at holyrudehouse the eight of August 1628. Whereby it is ordained that the payment of the said annuitie shall have the beginning of the crop and yeare of God 1628. Together with another act of the said commission of the date at Holy-rudehouse the fourteenth day of July 1630. Whereby letters of horning are ordained to be direct at the instance of his Majesties Thesaurer for payment of the said annuitie of the crops 1628 and 1629. and yearly in time comming Together with an Act of the convention of the Estates of the date at Holy-rudehouse the twentie ninth of July 1630. yeares whereby the said Estates have ratified and approved the said act of the date and tenour foresaid anent letters of horning to be direct at the instance of his Majesties thesaurer for payment of his Majesties annuitie of the crops and years of God 1628 and 1629. and yearly in time comming And siclik ratifies and approves the Act of the said commission of the date the twentie third of March 1631 years Whereby it is ordained that in all teinds which shall be unvalued betwixt and the first of August thereafter that the heritor shall pay his just teind according to the fift part of the present rent ay and while the constant rent be determined And whereby it is statute and ordained that his Majestie shall have right to uplift his annuitie according to the said fift part of the present rent ay and while the said constant rent be determined Together with another Act of the said Commission of teinds and surrenders of the date at Holy-rudehouse the fourteenth of December 1631 yeares And ratified by the Lords of secret Councell upon the twentieth day of the said month of December Whereby it is statute and ordained for an interim that the annuitie of teinds consisting in victuall shall be payed to his Majestie of all yeares by gone and in time coming conforme to the tenour of the said last Act and that according to the just and true prices of