of Orkney Anent the Vassalls of ward lands 12 Commission to the Councell anent the Ministers stipends of Edinburgh Anent the rebells within the Sheriffdomes of Elgine Forres Nairne and Innernesse Anent the erection of Stranraver in a free burgh and the burgh Wigtouns petition in the contrary Anent directing of letters against the inhabitants of the west and north Yles Anent the articles given in by the inhabitants of Orkney and Zetland Anent the prices of these writes that paste the Chancellarie Anent erecting of a Colledge of Physitians in Edinburgh 13 Commission to the Commissioners of surrenders anent the Kirks of Nisbet and Crailing 14 Act anent the dissolution of the Abbacies of Holy-rude-house and New-abbey 15 Act of rehabilitation of Frances Stewart with provision therein in favour of the Marques of Hamiltoun and sir Thomas Thomson 16 Protestation Bishop of Dunblane 17 Protestation sir Patrick Murray of Elibanke 18 Protestation Marquesse of Dowglas 19 Protestation Laird of Wauchtoun 20 Protestation sir Iames Lokhart younger of Ley. 21 Protestation sir Iames Maxwell of Calderwood 22 Act in favour of the Earles of Roxburgh Buckeleuch 23 Act in favour of Master Robert Craige for printing the booke called De feudis 24 Act in favour of William Dowglas of Cavers 25 Act of naturalization of certaiue noblemen and gentlemen of England 26 Act in favour of George Earle of Kinnoull Chancellor 27 Protestation Archbishop of Saint Andrews 28 Act in favour of the Duke of Lennox 29 Protestation Lord Lindesay 30 Act in favour of the Marques of Hamiltoun 31 Act in favour of the Marques of Hamiltoun 32 Act in favour of the Earle of Sutherland anent the regalitie and sherifship of Sutherland and making thereof a distinct sherifdome and erecting Dornoch in a free burgh Royall 33 Act in favour of the Earle Marshall 34 protestation Bishop of Murray 35 Act in favour of the Earle of Buchane for precedencie before certaine other Earles 36 Act in favour of the Earle of Buchane 37 Act in favour of the Earle of Galloway 38 Act in favour of Alexander Lord Gairlies 39 Act in favour of the Earle of Annandaill 40 Act in favour of the Earle of Annandaill 41 Act in favour of the Archbishop of Glasgow 42 Act in favour of the Bishop of Rosse anent annexation of Ferne to Rosse 43 Act in favour of the Bishop of Galloway 44 Act in favour of the Bishop of Dunblane 45 Act in favour of the Vniversitie of Saint Andrews 46 Act in favour of the Kings Colledge of Aberdeene 47 Act in favour of the Colledge of Glasgow 48 Act in favour of the Lord Lorne 49 Act in favour of the Lord Lorne 50 Act in favour of the Lord Lorne 51 Act in favour of the Lord Lorne 52 Act in favour of the Lord Yester 53 Act in favour of the Lord Lowdoun 54 Act in favour of the Lord Lowdoun 55 Act in favour of the Lord Napeir 56 Act in favour of the Lord Lindesay 57 Act in favour of the Burgh of Aberdeene 58 Act in favour of the Burgh of Glasgow 59 Protestation Chapter of Glasgow 60 Act in favour of the Burgh of Culrose 61 Act in favour of the Burgh of Hadingtoun 62 Act in favour of the Burgh of Bruntiland 63 Act in favour of the Burgh of Bamffe 64 Act in favour of the Burgh of Pittinweyme 65 Protestation Earle of Kelly 66 Act in favour of the Burgh of Selkirk 67 Protestation Marquesse of Dowglas 68 Protestation Earle of Roxburgh 69 Protestation Sheriffe of Forrest 70 Protestation Andrew Riddell 71 Act in favour of the Burgh of Air 72 Act in favour of the Burgh of Innernes 73 Protestation Earle of Murray 74 Protestation Lord Gordoun 75 Act in favour of the Burgh of Carraill 76 Protestation sir Iames Learmonth of Balcomy 77 Protestation Laird of Barnes 78 Act in favour of the Burgh of Kinghorne 79 Act in favour of the Burgh of Dumbartane 80 Act in favour of the Burgh of New-Galloway 81 Protestation Burgh of Kirkcudbright 82 Act in favour of the burgh of Lawder 83 Act in favour of sir Robert Dowglas of Spot 84 Act in favour of sir William Anstruther 85 Protestation Earle of Kellie 86 Protestation towne of Pittenwyme 87 Act in favour of the Laird of Panmoor 88 Act in favour of James Livingstoun of Beill 89 Act in favour of James Maxwell of Innerweik 90 Act in favour of the said James Maxwell and his spouse 91 Act in favour of the heires of Master Patrick Murray 92 Act in favour of William Murray 93 Protestation Vicount of Stormonth 94 Act in favour of sir Thomas Hope of Craig-hall Knight Baronet 95 Act in favour of sir James Lockhart younger of Ley. 96 Act in favour of the said sir James Lockhart 97 Act in favour of sir Patrick Murray of Elibank 98 Act in favour of six John Dalmahoy 99 Act in favour of the Laird of Glenurquhy 100 Act in favour of Doctor Beatone and his spouse 101 Act in favour of Henrie Nisbet 102 Protestation Lord Balmerinoch 103 Act in favour of John Oliphant of Bachiltoun 104 Protestation Duke of Lennox 105 Act in favour of sir Iames Mac-Gill of Cranstoun Riddell Knight Baronet 106 Act in favour of sir Thomas Thomson of Dudinstoun Knight 107 Act in favour of the Laird of Swynton 108 Act in favour of Master Walter Quhytfuird 109 Act in favour of Master Walter Quhytfuird 110 Act in favour of the Laird of Philorth younger 111 Act in favour of the Laird of Cors-hill 112 Act in favour of Master Iames Bannatine of Newhall 113 Act in favour of Master Andrew Aytoun of Logy Advocate 114 Act in favour of sir Iames Hamiltoun of Preist-field 115 Protestation sir Thomas Thomson 116 Act in favour of Iohn Campbell Fear of Calder 117 Act in favour of sir Iohn Spottiswod of Darsie 118 Act in favour of the Laird of Pitsligâ— 119 Act in favour of the Laird of Edzell 120 Act in favour of the Laird of Rouchlaw 121 Act in favour of Iohn Sinklar of Stevinson 122 Act in favour of Thomas Crombie of Kemno 123 Act in favour of Patrick Mac-Gie of Larg 124 Protestation Archibald Stewart of Phintilloch 125 Act in favour of the Ministers of Port-Patrick 126 Protestation Laird of Kinhilt 127 Act in favour of sir Arthur Dowglas of Quhittinghame 128 Act in favour of Master william Drumond 129 Act in favour of the Skinners of Edinburgh 130 Act in favour of Master Iames Nicolson of Colbrandspeth 131 Act in favour of the Fewars of Innerask 132 Act in favour of Iames Scot of Gallowshiells 133 Protestation Earle of Roxburgh 134 Protestation Sheriffe of Forrest 135 Act in favour of the Laird of Bishoptoun 136 Protestation Earle of Lauderdail contra the Earle of Annandaill for prioritie of place 137 Act in favour of Master William Cuninghame of Broome-hill 138 Act in favour of Master Iames Raith of Edmistoun 139 Act in favour of the Laird of Tindall 140 Act in favour of Iohn Erskyne of
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
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
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
with consent foresaid revokes casses annuls retreats rescinds all gifts pensions and free discharges of the thirds of benefices granted by his Majestie or his said umwhile dearest Father or any other his Majesties Predecessors Kings of Scotland to whatsomever person or persons against the lawes and Acts of Parliament of the Kingdome with all taks of thirds of benefices whereby the rentalled dutie is diminished or where the whole benefice is set and disponed in diminution of the third thereof in so farre as the same is contratrie to the lawes of the Kingdome as said is ITEM His Majestie with consent foresaid revokes casses annuls retreates and rescinds all and whatsoever Infeftments made by his Majestie or his said umwhile dearest Father or any other his Majesties predecessors of any Church-lands Fryer-lands Monk-lands or common-lands which any wayes fell and became in their hands as propertie and that in so far as the same is or may be verified to be made contrarie and against the lawes and acts of Parliaments of the Kingdom reserving alwayes the infeftment made for erection sustentation of Hospitals and Ministers within Burrows where there is no assignation nor stipend allowed forth of the thirds of benefices for sustentation of the ministers thereof And declares that all such infeftments of Church-lands as is before exprimed falls under this revocation if the person or persons their successors to whom the same have been disponed have not answered performed the cause and ends expressed in the said Infeftments and for the which the said Infeftments was granted by his Majestie and his Predecessors as said is ITEM His Majestie with consent foresaid revokes casses annulls rereats and rescinds all takes asledations whatsoever of any common Churches within the Realme of Scotland made by his Majestie or his said umwhile darrest Father or any other his Majesties predecessors Kings of Scotland in so far as the same is or may be found and verified to be made against the Lawes and Acts of Parliament of the Kingdome Providing alwaies that there shall be sufficient Ministers appointed to serve the said Churches who shall make residence and shall be sufficiently sustained of the readiest fruits of the said common Kirkes according to the generall order taken thereanent ITEM His Majestie with consent foresaid revokes casses annuls retreats and rescinds all gifts of Monkes portions first fruits or fift penny of any benefices whereunto his Majestie hath right by the Acts of Parliament made before to that end And that in so farre as the said gifts are or may be found to be granted against the Lawes of the Kingdome ITEM His Majestie with consent foresaid revokes casses annulls retreats and rescinds all gifts and infeftments made done and consented unto to whatsoever person or persons by his Majestie or his Majesties said umwhile darrest father or any other his Majesties predecessors Kings of Scotland of whatsoever advocation donation and right of patronage given or annexed to any Lordships Lands or Baronie where the said Patronage advocation and donation of benefice pertained not before of right but which taketh the beginning and ground from any gift and infeftment thereof made with this clause de novo damus where the purchaser of the said infeftment had no right to the said Patronage advocation and donation of before And that in so farre as the same is or may be found to be granted against the Lawes and acts of Parliament of the Kingdome ITEM His Majestie with consent foresaid revokes casses annuls retreats and rescinds all gifts dispositions of superplus omitted of the fruits of benefice given by his Majestie his said umwhile darrest Father or any other his Majesties Predecessors Kings and Queens of Scotland in so far as the same is or may bee found and verified to bee granted against the Lawes and Acts of Parliament of the Kingdome ITEM His Majestie with consent of the Estates revokes casses annuls retreats and rescinds all grants and infeftments of erections of whatsoever abbacie or other prelacie in whole or in part temporalitie or spiritualitie thereof made and granted or consented unto by his Majestie at any time preceding the date hereof To and in favour of whatsoever person or persons and declares the same null and of none avail by way of action exception or reply And al 's his Majestie and Estates revoke all infeftments of Erections made and granted by his Majesties said umwhile darrest Father or any his Majesties Predecessors Kings or Queens of Scotland of whatsoever Abbacie Priorie Nunnerie Preceptorie or any other Erected benefice whatsoever of whatsoever nature qualitie or condition whereof the presentation should pertaine to his Majestie if the same were not erected in a temporall Baronie Lordship or Living or of any part or pendicle thereof either spiritualitie or temporalitie of the same to and in favour of whatsoever person or persons And that in so far as the same is or may be verified to be granted against the generall Lawes and Acts of Parliament of the Kingdome And to that effect revokes casses annuls retreats and rescinds all acts statutes and dissolutions of any of the said erected benefices lands or teynds of the same whereupon the said infeftments of erections are or have been founded And that in so far as the same is or may be found and verified to be contrary to the generall Lawes Acts of Parliament and Statutes of the Kingdome as said is AND generally his Majestie with consent foresaid revokes casses annuls retreats and rescinds all acts constitutions dispositions graunts conveyances ratifications and all other things whatsoever done or consented unto by his Majestie at any time preceding the date hereof or by his umwhile dearest Father or any other his Majesties Predecessors Kings and Queenes of Scotland in detriment of their soule and conscience in hurt and detriment of the Crowne and Church and contrarie to the Lawes and Acts of Parliament of the Kingdome And wills and declares that these presents shall be al 's amply extended and to bee of als great effect in generall and speciall as any revocation made by any of his Majesties royall Predecessors before the date hereof contained in the bookes of Parliament Which in all heads clauses and circumstances thereof are holden as here repeated AND also his Majestie with consent of the Estates ordaines and decernes that albeit it shall happen his Majestie for any respect or consideration to suffer any person or persons to use or possesse any priviledges or possessions lands rents offices which are fallen under the compasse hereof That it shall make no right to the users and holders thereof but it shall be lawfull to his Majestie and his successors to intromit therewith when ever it shall please them by vertue of these present acts and consuetudes of the realme made before without any obstacle impediment or contradiction ACT X. ANENT ANNEXATION OF HIS MAIESTIES Propertie OUR SOVERAIGNE LORD With advice and consent of the Estates of this present Parliament ratifies
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
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
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
the victuall in ilk part of the Country compting for ilk hundred markes of the prices of the said victuallbeing redacted in money six markes for his Majesties annuitie Which Act is thereafter upon the twentieth of December 1631. ratified by the Lords of secret Councell And letters of horning and poynding ordained to be direct thereupon and thereafter ratified by the Lords of Exchequer upon the twentie third of the said moneth of December And his Majestie and Estates statute and ordaine the said annuitie forth of the teinds to be payed to his Majestie and his Successors of the said crop and year of God 1628. and of all yeares sensine and in time comming And that aswell out of the unvalued as valued teinds conforme to the tenours of the said Acts of convention secret Councell and Exchequer And ordaines letters of horning and poynding to be direct by the Lords of his Majesties Exchequer at the instance of his Majesties Thesaurer principall and depute for payment of the said annuitie of all years by-gone and in time comming And ordaines the Lords of his Majesties Exchequer to sit at all convenient times for granting and discussing of suspensions touching the said annuitie of teinds It is alwaies declared that the last clause and article contained in the said Act of annuitie whereby the Commissioners thinke fit that the said annuitie of teinds shall bee annexed to the crown is no waies ratified by this present act nor no clause thereof And that his Mie takes to his own gratious consideration what to do thereanent in whole or in part as his Mty in his royall wisdome shall think most expedient And whatever his Mtie shal do now or hereafter thereanent shal be as valid and effectual as if the same had been particularly exprest in this present act ACT XVI ANENT VASSALS HOLDING WARD OUR SOVERAIGNE LORD And Estates of this present Parliament ratifie and approve the Act of Parliament made by his Majesties um while Father of eternall memorie 18. Parliament cap. 12. Intitulate Act anent setting of fewes to sub-vassals of ward lands in the whole heads and articles thereof And farther his Majestie with consent of the said Estates hath extended and doth extend the said act of Parliament and benefit thereof in favour of his sacred Majestie and of the Prince of Scotland and their Successors in all time coming And statutes and ordaines that it shall no wayes bee lawfull to whatsoever Vassals holding lands of his Majestie or of the Prince of Scotland or of any Duke Marquesse Earl Vicount Lord Prelate Baron or any other person whatsoever holding their land of their Superiour by service of war and relief to set their said lands baronies milnes fishings or any other lands or haritages whatsomever holding ward as said is To any other person or persons in Few for payment of a Few-ferme dutie or in any manner of holding in prejudice of the said ward holding without speciall advice and consent of their superious of whom they hold the same respective And rescinds and annuls all former acts of Parliament of whatsomever date or tenor which may in any sort derogate to this present act And findes and declares that all and whatsomever infeftments to be granted otherwise without consent of the said superiours respective or their confirmation abtained thereto doth no wayes stop the ward of the said lands nor hinders the curse of recognition vacand or which shall happen to vake in the superiours hands incase of altenation of the same either of the whole or of the most part thereof according to the curse of the common Law without consent of their superiours but prejudice to their said superiours respective and their successors of the benefit of the said act of Parliament 1606 whereby all such infeftments and grants without consent as said is are declared to be null by way of action exception or reply Which clause shall stand in favour of his Majestie and in favour of the Prince and their Successors and other superious respective foresaid sicklike and in the same manner as if the said clause were insert in this present act and this act shall not be extended to deeds lawfull done in time by-gone before the date of this present act but onely ad futura ACT XVII ANENT THE RATE AND PRICE OF Teinds FOR SO MUCH As our Soveraigne LORD out of his Royall and Fatherly care tendering the publique good of this his ancient Kingdome did immediatly after his happie attaining to the Crown publish and give forth his Royall declaration anent the reforming of the abuses used in leading of teinds wherein his Majesties umwhile Father of eternall and blessed memorie laboured so much in his time and for provision and maintenance of Kirks and another pious uses forth of the said teinds And now his Majestie being by Gods gracious providence present in his Royall Person within this his Majesties ancient Kingdome and holding this his first Parliament of his whole Estates of the same with whom his Majestie hath advised and resolved to put that glorious worke anent the teinds to a full perfection THEREFORE His Majestie with consent of the three Estates by these presents statutes ordaines and declares that there shall be no teind-sheaves or other teinds Personage or Vicarage led and drawn within the Kingdome but that each heretor and life-renter of lands shall have the leading and drawing of their owne teind the same being first truely and lawfully valued and they paying therefore the price after-specified incase they be willing to buy the same or otherwise paying therefore the rate of teinde after specified Like as his Majestie and Estates find and declare that the just and true rate of teinds is and shall be the fift part of the constant rent which each land payeth in stock and teind where the same are valued joyntly and where the teinds are valued apart and severally that the just rate thereof is and shall be such as the same is already or shall be hereafter valued and proved before the said commissioners or subcommissioners deducing the fift part thereof for the ease of the heritors reserving alwayes liberty to such as shall finde themselves enormly hurt by the leading of the said valuations to persue for rectifying of the same before the commissioners appointed by his Majestie and Estates for that effect And also his Majestie with consent of the three Estates finds and declares that the price of all teinds which may be sold and annalied consisting either in money victuall or other bodies of goods is and shall be ruled and estimate according to nine yeers purchase the prices of victuall and other bodies of goods whereof the teind consists being redacted in money according to the worth and price of victuall and goods in each part of the countrey to the which the same is and shall be prized and estimate by his Majesties commissioners already appointed or to be appointed to that effect And findes and declares that each heritor in
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
booking and extracting of the sentences shal not be stayed for the not payment making of the twelve pennies of the pound by the purchasers and obtainers of the said decretes ACT XXVII ANENT PARDON OF PENALL STATUTES OUR SOVERAIGNE LORD Considering that the precise and rigorous exaction of the pains arbitrarie and pecuniall adjected to penall statutes heretofore made would prove a burden to his Majesties lieges heavie and insupportable if by his Majesties grace and favour they should not be eased and liberate of the same In consideration whereof his Majestie in this his first Parliament holden in this his ancient and native Kingdome being willing to give ease and reliefe to his subjects of the foresaid burden Hath therefore been graciously pleased with consent of the Estates of Parliament to discharge freely pardon and remit and by these presents discharges freely pardons and remits all contraveeners of any of the said penall statutes for all deeds done by them contrary to the tenour of the same statutes in time by-gone Except only the statutes concerning wearing and bearing of hagbuts and pistols Taking of unlawfull usurie Transporting of mony and gold Slaying of red and black fish with the penalties incurred by the concealers of annuall-rents and wrongous up-givers of the inventars of their moneys Which are no waies discharged by this present act nor comprehended under the same ACT XXVIII RATIFICATION IN FAVOUR OF THE Vicount of Sterling of the infeftments and signature granted to him of the Dominions of new Scotland and Canada in America and Priviledges therein contained and of the dignity and order of Knight Baronets and Act of Convention of Estates made thereanent OUR SOVERAIGNE LORD And Estates of this present Parliament Ratifie and approve all letters Patents and Infeftments granted by King Iames the Sixth of blessed memorie or by our said Soveraigne Lord unto William Vicount of Sterling and to his heires and assignes of the Territories and Dominions of new Scotland and Canada in America and especially the Patent Charter and Infeftment granted by his Majesties umwhile dearest Father of worthie memorie of new Scotland of the date the tenth day of September the yeare of God 1621. Item another charter of the same granted by his Majestie under the great Seale of the the date the twelfth day of July 1625 years Item another Charter and infeftment granted by his Mie of the Countrie and Dominion of new Scotland under the great Seale of the date the third day of May 1627 yeares Item another Charter and Infeftment granted by his Majestie under the great Seale of the River and gulf of Canada bounds and priviledges thereof mentioned in the said Patent of the date the second day of Februarie 1628 years Item a Signature past under his Majesties hand of the said Countrie and Dominion which is to be with all diligence exped through the Seales of the date at Whitehall the twenty fourth day of Aprill 1633 years With all liberties priviledges honours jurisdictions and dignities respective therein mentioned Together also with all execution precepts instruments of seasings and seasings following or that shall happen to follow thereupon And also ratifies and approves the Act of generall Convention of Estates at Holy-rude-house the sixth day of July the year of God 1630. Whereby the said Estates have ratified approved the dignities order of knight Baronet With all the Acts of secret Counsell and Proclamations following thereupon made for maintaining of the said dignitie place and precedencie thereof And his Majestie and Estates foresaid will statute and ordaine that the said letters Patents Charters and Infeftments and the said dignitie title and order of Baronets and all letters patents and infeftments of Lands and dignities granted therewith to any person whatsoever shall stand and continue in full force with all liberties priviledges and precedencies thereof according to the tenour of the same And in als ample maner as if the bodies of the said letters patents infeftments signature above mentioned were herein particularly ingrost and exprest And ordaine intimation to be made hereof by open proclamation to all his Majesties Lieges at the market crosse of Edinburgh and other places needfull that none pretend ignorance hereof ACT XXIX IN FAVOUR OF THE EARLE OF Mortoun and the Lord Dalkeith his Sonne Anent the Loch of Levin and preservation of the fishings thereof OUR SOVERAIGNE LORD And Estates of this present Parliament considering that the Loch of Loch-Levin pertaines heritably in propertie to his Majesties right trustie Cousin and Counsellor William Earle of Mortoun Lord great Thesaurer of this Realme and Robert Lord Dalkeith his Sonne and that the said Loch is well plenished and furnished with Pykes Perches and Trouts of divers kinds And that when the fish ascend forth of the said Loch to the waters burnes and strypes that fall in the same to spawn therein There is great slaughter destruction of them committed by the country people about wherby the said Loch fishing thereof is not of such worth to the heritors of the said Loch nor to the countrey about as it would be if the said fishes were not slain in the said waters burnes strypes For remedy whereof his Majestie with advice consent of the Estates of this present Parliament statutes ordaines that none of his Majesties Lieges slay any Pyks Perches Trouts or any other fishes in the waters strypes or burns that fall in the said Loch or run forth thereof within the space of five miles to the said Loch under the paine of twentie pounds usuall money of this Realme to be payed by each contraveener toties quoties for each contravention and ordaines the said whole paines and unlawes of contravention to appertaine to the said Earle of Mortoun his said Son their heires and successours And by these presents gives and grants power and commission to them and their Bayliffes and Deputes to call before them within the towne of Kinroscher all persons suspect of slaying of the said fish within the said burnes waters Loch or strypes within the said space of five miles to the said Loch And as they shall be found guilty or innocent of slaying thereof to assoilyie them or unlaw them in the unlawes foresaid And to decerne and ordaine the persons convict to pay the same unlawes to the Proctour fiscall to be appointed for that effect by the said Earle of Mortoun his said son or their foresaids And ordaines letters of horning upon a simple charge of six dayes poynding and other letters and executorials requisit to be direct for payment to the said proctour fiscall of the said unlawes And ordaines publication to bee made hereof in forme as effeiris ACT XXX ANENT THE CLAN-GREGOUR OUR SOVERAIGNE LORD And three Estates of this present Parliament understanding that albeit by the great care of his Highnes umwhile dearest Father of eternal memory the Clan-Gregor was supprest and reduced to quietnesse yet of late they are broken forth againe to the
of Ministers and others foresaid That a commission be granted by his Majestie with consent of the Estates and by authority of this present Parliament THEREFORE His Majestie with consent of the said Estates hath granted and by these presents granted full power and commission to the persons after following To wit Nine of the Clergie nine of the Nobilitie nine of the small Barons and nine of the Burgesses Together with my Lord Chancellour and eight officers of Estate viz. George Earle of Kinnowll Chancellour William Earle of Morton Thesaurer Iohn Archbishop of Saint Andros Thomas Earle of Handingtown Lord Privie Seale Patrick Archbishop of Glasgow William Earle of Marshall George Earle of Wintown Iohn Earle of Perth Iohn Earle of Kinghorne William Earle of Dumfreis William Earle of Sterling Secretary David Earle of Southask Iohn Earle of Traquar Thesaurer Depute Iohn Earle of Weymes Archibald Lord Napier George Lord Corstorpheine Alexander Bishop of Dunkell Iohn Bishop of Murray Iohn Bishop of Rose Adam Bishop of Dunblane David Bishop of Brichen Andro Bishop of Argyle George Bishop of Orknay Sir Iohn Hay Clerk of Register Sir Thomas Hope Advocate Sir George Elphingston Iustice Clerk Sir Iames Galloway Master of Requests Sir Robert Spotswood Sir Iames Learmouth Sir Iames Lokhart younger of Ley Sir Iohn Charters Sir Robert Grier Iohn Boyll of Kelburne Sir William Douglas of Cavers The Laird of Inchmartein the Laird of Lugtown Iohn Sinklar Iohn Maknacht Archibald Tod Edward Edger Master Alexander Guthrie Gabriel Cunighame Robert Tailyor William Mickle-Iohn and Master Robert Cuninghame or any fifteen of them there being three of every Estate with three of his Majesties officers of Estate Of which number of fifteen the Lords Chanceller The saurer and Privie seale Archbishops of Saint-Andrews or Glasgow Earle Marshall and Earle of Wintown or any one of them shall be one to meet and conveen at Holy-rude-house or Edinburgh at such times and places as they shall think fit And there to prosecute and follow forth the valuation of whatsover teinds personage or vicarage within the Kingdome which are as yet unvalued And also to receive the report from the Subcommissioners appointed within ilk Presbyterie of the valuations of whatsoever teinds led and deduced before them according to the tenor of the subcommissions direct to that effect And to allow or dissallow the same according as the same shall hee found agreeable or disagreeable from the tenour of their subcommissions And also with power to rectifie whatsoever valuations led or to be led to the enorme prejudice of the titulars and to the hurt and detriment or the Kirke and prejudice of the Ministers maintenance and provisions or of his Majesties annuitie and for the better expeding and advancing of the said valuations with power to appoint Committees or Subcommittees of their owne number To receive the reports of the said valuations made or to be made And to receive admit and examine witnesses and to take parties oathes with their depositions where the same is referred to oath And to give such farther power to the said Committees or Subcommittees of their owne number as they shall think fit for the good of the worke and speedy finishing of the same And sicklike with power to them if need be to appoint Subcommissioners not being of their own number within any parochin or Presbyterie of the Countrie for leading and deducing of the said valuations and to receive the reports thereof allow or disallow of the same And generally with power to them to set down whatsoever other order or course which shall be thought fit and expedient for dispatch of the said valuations rectifying thereof or finall closing of the same And sicklike with power to the said Commissioners or any fifteen of them as said is there being three of ilk Estate with any one of the persons of the quorum above-specified after the closing and allowance of the valuations of ilk Kirke and Parochin To appoint modifie and set downe a constant and locall stipend and maintenance to ilk Minister to be payed out of the teinds of ilk parochin according to the tenour of the acts above-specified Referring like as his Majestie referes with consent of the said Estates to the said commissioners the triall of the reasons and causes which may move the said Commissioners to goe beneath the quantitie of eight chalder of victuall or of eight hundred markes of money proportionally in manner contained in the said act And sicklike with power to the said Commissioners to divide ample and spatious parochines where the same shall found necessarie and expedient or to unite divers Kirks in whole or in part to others And to ratifie and allow after triall and consideration such union or dismembring of Parochines as hath been formerly made by vertue of the former Commissions And sicklike with power to them to appoint and prvoide for such other pious uses in each parochin as the estate thereof may beare And sicklike with power to the said Commissioners as said is to take order that every heritor and life-renter of lands shall have the leading of their own teinds parsonages and vicarages thereof they paying the price contained in the act above-specified incase they be willing to buy the same from the titular having power to sell or otherwise paying the rate of teind exprest in the foresaid act and to that effect with power to the said commissioners to set downe the prices of sellable teinds according to the worth thereof in each part of the countrey where the same grow and are bred and also with power to them to set downe such good and ample securities as may stand by law both for the buyers of teinds to the effect the titulars may be fully denuded in their favour And also for securitie to the titulars and sellers of the price due to be payed to them for the said teinds And also to set downe the securitie in favour of the titulars and of the Ministers so farre as concernes the maintenance assigned to them for good thankfull and timous payment of the rate of teind where the same are not or cannot be sold And sicklike with power to the said commissioners to discusse and determine all questions which may arise betwixt the titulars and heritors anent the price of teinds according to the nature and qualitie of the rights to be sold whether the same be heritable or temporall and to proportionate the price accordingly and also to divide the price of teinds betwixt heritors and life-renters thereof and betwixt titulars taksmen and others who have severall and distinct rights to the said teinds sellable according to the qualitie of their rights And also with power to them to cause the titulars who sell their said teinds to exhibit their rights and titles to the effect that they may be lawfully denuded thereof in favour of the said heritors and life-renters respective without prejudice alwayes to his Majesties annuitie to bee payed forth of the
said teinds by the said titulars of teinds or heritors or life-renters of lands according to the tenor of the said act of annuitie And generallie with power to the said commissioners to decide and determine in all other points which may concerne the leading and drawing of teinds the selling and buying of the same or payment of the rate thereof contained in the acts of Parliament above-specified or set downe in his Majesties generall determination with this provision and declaration alwayes that the Archbishops Bishops Parsons Vicars and other beneficed persons being Ministers and their successors shall be no farther bound but according to the provisions and conditions exprest in the submission made by the Bishops to his Majestie which is of the date the day of 1628 yeares and registrate in the bookes of commission of surrenders and teinds upon the thirteenth day of July 1631 Which provisions and conditions are holden as exprest herein And also with this provision that the Vicarages of each kirke being a severall benefice and title from the Parsonage shall be severally valued to the effect the titulars or Ministers serving the cure who have right to the said Vicarages be not frustrate of the true worth of the said Vicarages And sicklike because by the act above-specified made anent superiorities of erections in favour of his Majestie there is speciall reservation made to such titulars and Lords of erection as have subscribed the generall surrender of the few-mails few-fermes and other constant rent of the said superiorities aye and while they be payed of the price thereof contained in his Majesties generall determination and according to the provisions specified therein Therefore his Majestie and Estates give full power to the said commissioners or any fifteene of them as said is to call and conveen before them the Lords of erection and others having right to the said few-mails and few-fermes other constant rent of the superiorities of kirke lands at such particular diets as they shall appoint and to urge the said Lords of erection and others foresaid to give up their rentals of their said few-mails few-fermes and other constant rent foresaid of their said superiorities conforme to his Majesties decrete and determination given out there-anent And with certification as is therein contained and to liquidat the other constant rent of the said superiorities not consisting in victuall or silver to the effect after the full tryall of the said rentall and liquidation thereof the said Lords of erection may receive the price of a thousand marks for each chalder of few-fermes and for each hundreth markes of the other constant rent being redacted in money in whole or in part proportionally from his Majesties Thesaurers principall or depute and incase of the absence and refusall of the saids titulars and Lords of erection that the same may be consigned in the hands of the Clerke to the said commissioners to remaine consigned for their behove after the which consignation it shall be lawfull to his Majesties Thesaurers principall or depute to up-lift receive and intromet with the said few-mails few-fermes and other constant rent foresaid of all yeares and termes after the said consignation according to the tenor of the said generall determination And also with power to the said commissioners as said is to discusse and determine all questions that may arise betwixt the said Lords of erection and the heritors of the ground pensioners life-renters others pretending right to the said few-mails and few-fermes and to divide the price amongst them according to the qualitie of their rights all other questions anent the few-mails few-fermes and other constant rent foresaid Which by his Majesties generall determination is referred to the determination of the commissioners to be appointed to that effect And whereas it may fall out that some of the commissioners now appointed by his Majestie and Estates may be unable to attend the service through death sicknesse or some other notour and knowne impediments Therefore his Majestie reserves to himselfe the nomination of such other persons in their places as his Majesty shall thinke fit whom his Majestie by his letters shall recommend to the said commissioners to the intent they may receive and admit them upon the said commission and take their oathes for faithfull discharge of the same And his Majestie and Estates ordaine this present commission to endure unto the last day of December in the yeare of God 1635 yeares and farther induring his Majesties pleasure and aye and while the same be expresly discharged by his Majesties warrand or letter to that effect And his Majestie with consent of the Estates foresaid findes declares and ordaines the acts decretes and ordinances of the commissioners foresaid and of the other persons who shall be surrogate in their places by his Majestie in manner foresaid in the whole particulars above-specified and every one of them to have the strength force and authoritie of a decrete sentence and act of Parliament and ordaines the Lords of Session to grant and direct letters of horning poynding and others thereupon upon a simple charge of ten dayes or otherwise as shall be found necessary Attour for clearing of all doubts difficulties which may arise anent the rectifying of valuations or other particular heads following His Majestie and Estates have declared and declare that where valuations are lawfully led against all parties having interest and allowed by the former commissioners according to the order observed by them that the same shall not be drawne in question nor rectified upon pretence of enorme lesion at the instance of the Minister not being titular or at the instance of his Majesties Advocat for and in respect of his Majesties annuitie except it be proved that collusion was used betwixt the titular and heritor or betwixt the procurator fiscall and the titulars and heritors which collusion is declared to be where the valuation is led with diminution of the third of the just rent presently payed and which diminution shall be proved by the parties oathes And sick like it is declared that the provisions contained in the foresaid submission made by the Bishops whereof mention is made in the foresaid act of tithes and which is respected in this commission shall be restricted to that wherof Archbishops Bishops Parsons Vicars or other beneficed persons being Ministers Colledges Hospitals and other dotations to pious uses were in actuall and reall possession the time of the said submission which shall remaine with them in quantity quality according to the tenor of the said provision And if any question shall arise betwixt the said Archbishops Bishops Parsons Vicars and other beneficed persons foresaid anent the leading of teinds that the same shall be referred to his sacred Majestie and to his Royall pleasure to be signified thereanent And also anent laick patronages pertaining to any his Majesties subjects before the yeare of God 1561 yeares His Majestie and Estates declare that the same fals within the compasse of