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duty_n	act_n	grant_v	majesty_n	1,393	5	7.1213	4	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A11651	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.; Laws, etc.	Scotland.; Hay, John, Sir, 1578-1654.	1650 (1650)	STC 21902.5; Wing S1168A; ESTC S122278	68,062	76

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 exe●ution

superioritie of all and sundrie lands baronies milnes woods fishings towers fortalices manour places and whole pertinents thereof pertaining to whatsoever abbacies priories prioresses preceptories and whatsoever other benefices of whatsoever estate degree title name or designation the same bee of Erected in temporall Lordships baronies or livings before or after the generall annexation of Kirke-lands made in the moneth of July one thousand five hundred fourscore and seven years And to the whole casualities of the said superiorities not disponed before the date of the generall Commission which is of the date at Whitehall the seventeenth of Januarie 1627 yeares And also to the whole few-mails few-fermes and other rents and duties of the said superiorities of all yeares after the date of the said Commission Reserving to such Lords and Titulars of Erections who have subscribed the general surrender the few-mails and few-ferms of their said superiorities ay and while they receive payment and satisfaction of the sum of one thousand markes usuall money of Scotland for ilk chalder of few-ferme victuall overhead And for ilk hundreth markes of fewmails and for ilk hundreth markes worth of all other constant rent of the said superiorities not consisting in victuall or money and not being naked service of vassals according to the tenour of his Majesties generall determination and conform to the conditions therein contained which are holden as repeated and exprest here And sicklike with this declaration that these presents shall be without prejudice to the said Lords and titulars of erection of whatsoever lands baronies woods fishings manour places milnes multors and others of the said erected benefices pertaining to those who have surrendred as said is in propertie And whereof they had the right of propertie the time of the said generall surrender acquired by them eyther before or since the said erections by whatsoever maner of way according to the Lawes of the Kingdome Providing they hold the said propertie of his Majestie and his Successors as the same were holden before the date of the said erections And for payment of the few-mails few-ferms and other duties mentioned in the old infeftments of the said lands before the date of the said erections AND His Majestie and Estates declare all rights and deeds whatsoever granted by his Majestie or his umwhile dearest Father or Grandmother Queene Marie to whatsoever titulars of erections which may prejudge his Majestie and his Successors in the peaceable brooking joying and possessing of the said superiorities and whole benefit thereof above-specified under the exceptions alwaies and provisions above-written To be null and of none avail force nor effect by way of action exception or reply And also findes and declares that the said Lords and titulars of erection shall hold their propertie and proper lands Of his Majestie and his Successors as the same were holden before the date of the said erections And for payment of the few-mails few-fermes and other duties mentioned in the old infeftments of the said lands granted to them and their authors before the date of the said erections It is alwaies provided and declared that these presents nor no clause therein contained shall be extended to the superiorities of whatsoever lands baronies and others pertaining to whatsoever Archbishop Bishop and their Chaptors but that the same shal remaine with them and their Successors unhurt or prejudged by this present Act ACT XV ANENT HIS MAJESTIES ANNUITIE Of Teinds OUR SOVERAIGNE LORD And Estates of Parliament ratifies and approves the Act of the generall Commission of Teinds and Surrenders Of the date at Holy-rude-house the twenty ninth of May 1627. years whereby it is found and ordained That his Majestie and his Successors shal have the constant rent and dutie following payed out of the teind bolls of victuall And out of the bodie of the rest of the teinds of the Kingdome redacted in money Except the teind bolls and silver payed to the Bishops being the rent pertaining to them in the estate wherein the same is presently payed or presently payable to them And except the teind bolls and silver payed to Ministers in name of stipend for serving the cure and to the Colledges Hospitals and other pious uses That is to say Of every teind boll of the best wheat ten shillings Of everie boll of the best teind beare eight shillings And of everie boll of the best teind oates meale pease and rye sixe shillings And where oates are of that nature that they will not render above half meale the rent to be three shillings And where the bolls of victuall are of inferiour goodnesse worth and price nor the best That his Majesties annuitie forth thereof shall be modified proportionally And where the rent doth not consist in victuall but in money that his Majestie and his Successors shall have of every hundreth markes of Parsonage and Vicarage teind not consisting in victuall rent the summe of six markes money Together with the Act of the said commission of the date at holyrudehouse the eight of August 1628. Whereby it is ordained that the payment of the said annuitie shall have the beginning of the crop and yeare of God 1628. Together with another act of the said commission of the date at Holy-rudehouse the fourteenth day of July 1630. Whereby letters of horning are ordained to be direct at the instance of his Majesties Thesaurer for payment of the said annuitie of the crops 1628 and 1629. and yearly in time comming Together with an Act of the convention of the Estates of the date at Holy-rudehouse the twentie ninth of July 1630. yeares whereby the said Estates have ratified and approved the said act of the date and tenour foresaid anent letters of horning to be direct at the instance of his Majesties thesaurer for payment of his Majesties annuitie of the crops and years of God 1628 and 1629. and yearly in time comming And siclik ratifies and approves the Act of the said commission of the date the twentie third of March 1631 years Whereby it is ordained that in all teinds which shall be unvalued betwixt and the first of August thereafter that the heritor shall pay his just teind according to the fift part of the present rent ay and while the constant rent be determined And whereby it is statute and ordained that his Majestie shall have right to uplift his annuitie according to the said fift part of the present rent ay and while the said constant rent be determined Together with another Act of the said Commission of teinds and surrenders of the date at Holy-rudehouse the fourteenth of December 1631 yeares And ratified by the Lords of secret Councell upon the twentieth day of the said month of December Whereby it is statute and ordained for an interim that the annuitie of teinds consisting in victuall shall be payed to his Majestie of all yeares by gone and in time coming conforme to the tenour of the said last Act and that according to the just and true prices of

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

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

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

sacred Majesty and Estates of Parliament presently conveened Remembring that at the first institution of the colledge of Justice and divers times thereafter in the Parliaments ratifying the same his Majesties royall Antecessors and Estates of the Realme then assembled found the erection of that honourable Consistorie which is a biding monument of the glorie of their reignes not onely to be most usefull for royall service but also necessary and profitable for the peace of the Kingdome and to the seene good and comfort of all the subjects And considering that the provision allowed of before to the Lords of Session was no wayes sufficient for defraying of their charges and that through their continuall attendance their private affaires are neglected and great losses thereby sustained by them THEREFORE and to the effect the said Senators and Lords of Session present and to come may be more encouraged to goe on and to persist as they doe in their zeale and affections to his Majesties service and in faithfull ministration of Justice to the generall weal of the Realme and all the Lieges The said Estates with the speciall approbation and gracious good liking of the Kings sacred Majestie have most freely condiscended statute enacted that a taxation be presently imposed upon their lands and meanes which with his Majesties consent foresaid they ordaine to be collected payed to the effect in manner and at the termes following That is to say The Duke Marquesses Earles Vicounts Lords and Commissioners of Shires for the temporall Estate have granted that there shall be up-lifted of every pound land of old extent within this Kingdome pertaining to Dukes Marquesses Vicounts Lords Barons and Free-holders and Fewars of his Majesties proper lands the sum of ten shillings money at every one of the foure termes following viz. The sum often shillings money at the feast and terme of Martinmasse next to come in this instant yeare of God 1633 yeares the sum of other ten shillings money at the feast and terme of Martinmasse 1634 yeares the sum of other ten shillings money at the feast and terme of Martinmasse 1635 yeares and the sum of other ten shillings money at the feast and terme of Martinmasse 1636 yeares 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 inferior Benefices within this Kingdome at every one of the foure termes above-specified the just taxation thereof as they have beene accustomed to be taxed in all time by-gone whensoever the temporall lands of this Kingdome were stented to ten shillings the pound land of old extent And the same taxation to be payed at every one of the foure termes above-specified And the Commissioners of Burrowes for their Estate have granted that there shall be up-lifted of all the Burrowes within this Kingdome at everie one of the foure termes above-written 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 stented to ten shillings the pound land of old extent And the said taxation to be payed at every one of the said foure termes above-written And in regard that his Majestie hath erected sundrie Prelacies in temporall Lordships whereby the owners thereof may claime to be taxed with the Barons of the temporall Estate whereby the said Lords of the Session would be defrauded of a great part of the said taxation destinate and appointed as said is 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 collectors thereof so much of the said taxation pro rata as if they were no wayes erected and as they were subject to doe before the erection of the same And sick like it is statute 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 the parties who have gotten any part or portion of any Prelacies or other inferior benefices dissolved and 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 beene so the same had not beene dissolved notwithstanding of any condition contained in the Infeftments and securities made by his Majesty to them in the contrary thereof And farther the said Estates annull and discharge all priviledges and immunities whatsoever whereby any persons may thinke 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 the benefices given disponed and mortified for intertainment of the Universities Colledges and Hospitalls within this Kingdome onely excepted Attour our said Soveraigne Lord and Estates foresaid have given and granted and by these presents give and grant full power and authoritie to the said Lords of Session to nominate appoint and elect their owne Collectors one or moe as they shall thinke most expedient for up-lifting of the foresaid taxation to the effect foresaid Which summes of money after they shall be in-gathered as is before appointed Our Soveraigne Lord and the Estates foresaid destinate and ordaine to be mortified by imployment upon land heritably or for annual-rent or other sufficient securitie as may conveniently be found for the use and benefit of the said ordinarie Lords of Session present and to come To the effect that the yearely profit and annuall of the said lands or moneys as the same shall happen to be imployed may be received by them and their successors in their said offices yearely and termely after the termes of payment of the same and applyed to their behove in manner and conforme to the consuetude of the division of the yearely duety presently allowed and received by them and that by and attour the present provision and rents allotted to them by Parliaments heretofore And to that effect the said ordinary Lords of Session shall with all convenient diligence make subscribe and deliver to his Majesties Thesaurer principall deputie a sufficient and valide security by band or contract made by the sight and advice of his Majesties Advocate for imploying of the said taxation and whole benefit thereof in whole or in part as the same shall be up-lifted to the use and effect above-specified And ordaine the particular forme and manner of up-lifting and in-gathering of the said taxation and reliefe of the Prelats Lord of erections and other beneficed persons to be conforme to his Majesties owne taxation granted in this present Parliament in all points except in so farre as concerneth the particular day to be