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
Majesties Patrimony and rent ITEM His Majestie revokes casses annuls retreats and rescinds all Infeftments alienations dispositions with all takes assedations and any other sort of conveyances whatsoever made by his Majestie or his Majesties dearest Father or any other his Majesties Predecessors Kings of Scotland against the lawes of the kingdome to whatsoever persons of his Majesties Castles and Houses or Places and Roomes whereupon the said Castles and houses were situat although now demolished by injurie done to his Majestie and the said Crowne And sicklike all infeftments alienations and dispositions and all other sort of conveyances whatsoever of any of his Majesties medowes woods and parks with all takes assedations and other dispositions thereof made by his Majestie or his predecessors foresaid against the lawes of the kingdome The same being so found and tryed ITEM His Majestie revokes retreats and rescinds all and sundrie Infeftments alienations gifts dispositions or any other conveyances whatsoever made by his Majesties said umwhile dearest Father or any other his Majesties predecessors kings of Scotland induring their minoritie and lesse age and not thereafter confirmed in their majoritie to whatsoever person or persons in few-ferme or life-rent of all lands and annual-rents which be come in their hands as propertie by right of the crowne through bastardrie or being last heire by recognition or forfaulture or otherwise with all confirmations if any be granted in Parliament thereupon providing that presentation to tennandries fallen by occasion foresaid shall in no wayes come under this present Revocation because the same being casualities could not remaine in his Majestie or his said predecessors hands in prejudice of the Superior of the said tennandries but of necessitie it behoved them to present heritable Tenants to the said Superiours ITEM His Majestie with consent foresaid revokes casses annuls all new Infeftments confirmations and other conveyances whatsoever given by his Majesties said umwhile dearest Father or any other his Majesties Predecessors kings of Scotland to whatsoever person or persons of any lands baronies Lordships or other heritages whatsomever To be holden in blensh ferme which were holden of his Majestie or his Predecessors of before by service of ward and relief And that in so farre as the same is or may be found and verified to have been granted against the lawes and Acts of Parliament of the Kingdome without prejudice alwayes to the heritable possessers incase of reduction of their changed renors to brooke and hold their said lands heritable as they were holden before the alteration of the said holding ITEM His Majestie with consent foresaid revokes casses annuls retreats and rescinds all Regalities and gifts of Regalities and all confirmations and ratifications of the said gifts and regalities made given or granted or consented to by his Majestie or his said umwhile dearest Father or any other his Majesties Predecessors Kings of Scotland against the Acts and statutes that no Regalities should be given in heritage without advice and deliberation of the whole Parliament together with all charters infeftments confirmations gifts de novo damus and other rights whatsomever made by his Majestie or his Predecessors above-named of whatsomever heritable offices against the lawes and Acts of Parliament of the Kingdome ITEM His Majestie with consent foresaid revokes casses annuls retreats and rescinds all new creation of lands baronies and annexations and unions of divers lands in free which are made by his Majesty or his said umwhile dearest Father or any other of his Majesties predecessors Kings of Scotland in prejudice of their due service owing of before Together with all discharges given of the said service and sutes of court due of old and that in so farre as the same is or may be found to be unlawfully made or against the lawes of the Kingdome ITEM His Majestie with consent foresaid revokes casses annuls retreats rescinds all new Infeftments made and given by his Majestie or his said umwhile dearest Father or any other his Majesties Predecessors Kings of Scotland of Creation of Baronies and Lordships annext to the Crowne foresaid in favour of whatsomever person in so farre as the same is or many be verified to have been made and granted unlawfullie and against the Lawes of the Kingdome ITEM His Majestie with consent foresaid revokes casses annuls retreats and rescinds all Infeftments gifts and disposions whatsomever set given and granted by his Majestie or his said umwhile dearest Father or any other his Majesties Predecessors Kings of Scotland to whatsomever person or persons in fee few-ferme or life-rent of whatsomever Hospitals Masondieus lands or rents appertaining thereto in hurt or prejudice of consciences and against the lawes and acts of Parliament of the kingdome to the end that the said Hospitalls may be reduced to the first institution for upholding of the poor so farre as may be done by the lawes of the Kingdome Providing alwayes that the rents of the Trinitie Colledge beside the Burgh of Edinburgh and other rents assigned to the Hospitall and colledge erected by the Provest Baysiffes and Councell of the Burgh of Edinburgh be no wayes comprehended under this present Revocation ITEM His Majestie with consent foresaid revokes casses annuls retreats and rescinds all and whatsoever gifts pensions gifts of sees wages liveries and dispositions out of his Majesties casualities and coffers given by his Majestie or by any of his Majesties noble Progenitors except such as shall be of new granted by his Majestie again together with all Presentations to offices and places which by the laws of the Realme fall under his Majesties Revocation excepting alwayes the presentations fees and pensions given to the ordinary officers of the Crown after specified their Deputes and Clerks and to the other persons after mentioned which are declared no wayes to fall within this present Revocation They are to say The fees and pensions given and assigned to the Thesaurer Comptroller and Collector principall and to his Majesties depute Thesaurer and to their Deputes and Clerks to the Secretary principall and his Deputes To the Clerk of Registery to his Majesties Advocate and the Justice Iustice Clerke and their Deputes and to the Master of Requests and to the proctor for the poore director of the Chancellarie and dictator of the Rolls And also declares the pensions and others underwritten no wayes to fall under his Majesties Revocation viz. The pension of the Duke of Lennox his umwhile Father or Uncle The pension to the Earle of Morton with the tak and assedation of Orknay and Zetland The pension to sir Robert Ker of Ancrum the pension to M. Iohn Sandelands the pension to Sir Iames Lockhart the pension to sir Iames Levingston the pension to sir William Balfour the pension to Halbart Maxwell the pension to sir Iames Carmichaell the pension to sir Iames Ramsay and the pension to sir Iohn Murray of Revilrige which his Majestie and Estates declare shall stand in effect notwithstanding of this present Revocation ITEM His Majestie
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
ACTS MADE IN THE FIRST PARLIAMENT OF OUR MOST HIGH AND DREAD SOVERAIGN CHARLES BY THE GRACE OF GOD King of Great Britane France and Ireland Defender of the Faith c. Holden by Himself present in person with his Three Estates at Edinburgh upon the 28 day of June 1633. EDINBURGH Printed by Evan Tyler Printer to the Kings most Excellent Majestie Anno 1633. The Right Honble. Patrick HuÌ„me Earl of Marchmont ViscouÌ„nt of Blasonberry Lord Polwarth of Polwarth c. Lord High Chancelor of Scotland 1702. GOD AND MY RIGHT IN MY DEFFENCE ACT 1. ANENT THE TAXATION GRANTED TO His MAIESTIE of thirtie shillings Tearmly upon the pound Land and the sixteenth pennie of all Annuall-rents IN THE PARLIAMENT holden at Edinburgh the twenty eighth day of June the yeare of God 1633. THE THREE ESTATES of Parliament being assembled having taken to their consideration the many blessings which this nation doth enjoy under his Majesties most wise happy and peaceable government whereof each Estate is most sensible his Majesties royall zeale for propagating the Gospel of Jesus Christ his care for providing sufficient maintenance for the Clergie his extraordinary paines taken for uniting the disjoynted members of this Common-wealth and extirping of all roots of discords releeving the oppressed and with so eaven and fatherly a hand curing the wounds of this Common-wealth as the wisest eye can finde no blemish in the temper of all his royall actions And last the great comfort they have by enjoying his Majesties royall presence paines taken and expences disbursed by his Majestie in this his Majesties journey with a most thankfull acknowledgement are most earnestly and humbly to entreat his sacred Majestie to accept of this their voluntary offer of one taxation to be imposed collected and payed to his gracious Majestie in manner and at the termes following That is to say The Dukes Marquesses Earles Vicounts Lords and Commissioners of Shires for the temporall Estate have granted that there shall be uplifted of every pound land of old extent within this Kingdome pertaining to Dukes Marquesses Earles Vicounts Lords Barons and Freeholders and Fewers of his Majesties proper lands the summe of thirty shillings money at every one of the six severall termes following viz. The summe of thirty shillings money at the feast terme of Martinmas in the year of God 1634. The summe of other thirtie shillings mony at the feast and terme of Martinmas in the year of God 1635. The summe of other thirty shillings money at the feast and terme of Martinmas in the yeare of God 1636. The summe of other thirty shillings money at the feast and terme of Martinmas in the year of God 1637. The summe of other thirty shillings money at the feast and terme of Martinmas in the yeare of God 1638. And the summe of other thirty shillings money at the feast and terme of Martinmas in the yeare of God 1639. AND the Archbishops and Bishops for the spirituall Estate have granted that there shall be up-lifted of all Archbishopricks Bishopricks Abbacies Pryories and other inferiour â—enefices within this Kingdome at every one of the six termes above-specified the just taxation thereof as they have beene accustomed to be taxed unto in all time by-gone whensoever the Temporall lands of this Kingdome were stinted to thirty shillings the pound land of old extent And the same taxation to be payed at every one of the six severall termes above-specified AND the Commissioners of Burrows for their Estate have granted that there shall be uplifted of all the Burrows within this Kingdome at every one of the six termes above-specified the just taxation thereof as they have been accustomed to be taxed unto in all time by-gone whensoever the Temporall Lands of this Kingdome were stinted to thirty shillings the pound land of old extent And the said Taxation to be payed at every one of the six severall termes above-written AND in regard that his Majestie hath erected sundry Prelacies in temporall Lordships whereby the owners thereof may claime to be taxed with the Barons of the Temporall Estate and thereby his Majestie will be defrauded of a great part of the said Taxation THEREFORE THE SAID ESTATES ordaine that all erections of Prelacies and other small Benefices in whole or in part in Temporall Lordships shall in payment of the said Taxation pay to the Collectour thereof so much of the same Taxation pro rata as if they were no wayes erected and as they were subject to do before the erection of the same AND such like it is statute and ordained that all dissolved Benefices within this Kingdome in whole or in part shall be subject in payment of so much of the same taxation pro rata as they would have beene subject to pay though the same had not beene dissolved And that those parties who have gotten any part or portion of any Prelacies or other inferior Benefices dissolved new securities made unto them by his Majestie of that part and portion thereof so dissolved shall be subject in payment of the Taxation thereof to the Prelate or other beneficed person for his reliefe of the same Taxation as they would have been so the same had not beene dissolved notwithstanding of any condition contained in the infeofments and securities made by his Majestie to them in the contrary thereof AND FURTHER his Majestie and the said Estates annull and discharge all priviledges and immunities whatsoever whereby any persons may think themselves free of payment of this present Taxation The priviledges granted to the ordinary Lords and Senators of the Colledge of Justice and the taxation of Benefices given disponed and mortified for entertainment of the Universities Colledges and Hospitalls within this Kingdome onely excepted AND further the said Estates for a more ample testification of their exceeding great affection to his Majesties service have beside and attour the ordinary taxation above-written made a free and willing offer to his Majestie of one yearly extraordinarie taxation of the sixteenth penny of all annual rents which any person or persons within this Kingdome hath freely due and payable to them yearly or termly Their own annuall rents wherein they are adebted to others being first deduced The first termes payment whereof shall bee and begin at the Feast and terme of Martinmasse in the yeare of God one thousand six hundred thirty foure years and so forth yearly and termly at Whitsunday and Martinmasse for the space of six years while the said six years and twelve termes payment thereof bee full and completely out-run AND for the better triall of every man his annuall-rents which hee hath yearly or termly due to him It is ordained that this act be published at the Market Crosse of Edinburgh and of the whole head burrows of the Sheriffedomes Stewartries bayleries and Regalities within this Kingdome whereby all his Majesties Lieges may have true notice thereof AND therewithall the said Estates will command and ordaine all his Majesties subjects that have
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
market crosse of Edinburgh and other places needfull of that our pleasure and declaration and that the same be declared by you to have the strength force power and vertue 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 effeir is Which not doubting you will doe We bid you farewell From our court at White-hall the twentie ninth day of November 1629 yeares With the which Letter tenor contents and desire thereof after that the same with the act of Parliament whereunto it is relative were read in their whole presence The said Lords being well and ripely advised and having considered the justice and equitie of his Majesties will and declaration contained therein They have ordained and ordaine the said letter and 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 lye or where the persons subjects dwell and remaine against whom the said declaration to have 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 subjects as 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 bee published in manner foresaid Shall have the strength force and power of a legall and perfect interruption against all partles having interest and that in so farre alennerly as may be extended to the particulars following viz. To his Majesties annexed propertie and his Majesties propertie unannexed whereof the ferme duties or few-fermes have beene compted in his Majesties Exchequer since the moneth of August 1455. yeares and unlawfully disponed by his Majesties Predecessors against the Acts of Parliament and Lawes of the Kingdome And to the principalitie unlawfully disponed against the Acts of Parliament and Lawes of this Kingdome And to the reduction of whatsoever erections of whatsoever benefices spiritualitie and temporalitie thereof unlawfully disponed against the Laws and Acts of Parliament And to the reduction of whatsoever patronages of Kirks pertaining to his Majestie and his Predecessors and unlawfully disponed by them against the Acts of Parliament And against unlawfull dispositions of whatsoever teynds lands and rents doted to hospitalls and masondieus and unlawfully disponed against the acts of Parliament And against regalities heritable offices unlawfully disponed contrary to the Acts of Parliament And against all changed tenours of holdings 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 defences competent to them against any action to be intended hereafter at his Majesties instance and his successors except in so far as concernes 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 ACT XIII ANENT REGALITIES OF ERECTIONS OUR SOVERAIGNE LORD With advice and consent of the Estates of Parliament ratifies and approves that head and article of the act of Parliament made in the month of July 1587 years cap. 29. anent the annexation of the temporalitie of benefices to the crown whereby the right priviledge of regality which pertained to whatsoever Abbacie Priorie Prioresse or other benefice whatsoever is annexed to the crown with this declaration That the heirs of the vassals of the heritable tenants shal be entred by briefes forth of his Majesties Chancellarie to bee direct to the Provest and Bayliffs of the burrows of the said regalicies But prejudice alwaies to heritable Bayliffs and Stewarts of the said regalities their heires and successors Of their rights and infeftments granted to them of the said Baylieries and Stewartries of regalitie which shall remaine with them in the same condition they were before the same act of annexation except in the change of their superiour viz. in the Kings Majestie and his Successors who in all times thereafter shall be their superiour as in the said act of Parliament of the date foresaid at more length is contained AND farther His Majestie with consent of the Estates of Parliament casses annuls retreats and rescinds all rights and titles made and granted by his Majestie or his Majesties umwhile Father or by umwhile Queene Marie his grandmother to whatsoever person or persons of the right and priviledge of regalitie pertaining to whatsoever Abbot Pryor Prioresse Preceptor or other beneficed person whatsoever at any time preceding the date hereof And declares the right and title of all and whatsoever regalities within the Kingdome which pertained to whatsoever benefice particularly or generally above specified at any time preceding the generall annexation of Kirke-lands without respect to any exception mentioned in the said act of annexation To pertaine to his Majestie and his Successors in all time comming Reserving alwaies to all heritable Bayliffs and Stewarts of the said Regalities their rights and infeftments of the said Baylieries Stewartries granted to them by the said beneficed persons at any time preceding the date of the erections of the said Abbacies Priories and others fore-said in temporall Lordships And it is declared that these presents shall no waies be extended to the right of Regalitie of whatsoever lands and superiorities pertaining to the Archbishops and Bishops of this Kingdome by vertue of their gifts and provisions granted to them or their predecessors thereupon which shall remaine with them unhurt or prejudged by this present act AND also it is declared decerned and ordained that the lands and Baronie of Broughtown comprehending the townes lands burgh in baronie milnes and others mentioned in the infeftments granted by his Majestie under his Highnesse great Seale To his Highnesse right trustie Cousin and Counseller Robert Earle of Roxburgh of the date the day of one thousand six hundred thirtie years shall not be comprehended herein excluding the same all utterly therefrom To remaine with the said Earle his heires and Successors after the forme and tenor of the infeftments made to him and his authors of the same ACT XIIII ANENT SUPERIORITIES OF Kirke-Lands OUR SOVERAIGNE LORD With advice and consent of the Estates of Parliament findes declares and ordaines that his Majestie and his Successors have and shall have good and undoubted right to the
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
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