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
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
the victuall in ilk part of the Country compting for ilk hundred markes of the prices of the said victuallbeing redacted in money six markes for his Majesties annuitie Which Act is thereafter upon the twentieth of December 1631. ratified by the Lords of secret Councell And letters of horning and poynding ordained to be direct thereupon and thereafter ratified by the Lords of Exchequer upon the twentie third of the said moneth of December And his Majestie and Estates statute and ordaine the said annuitie forth of the teinds to be payed to his Majestie and his Successors of the said crop and year of God 1628. and of all yeares sensine and in time comming And that aswell out of the unvalued as valued teinds conforme to the tenours of the said Acts of convention secret Councell and Exchequer And ordaines letters of horning and poynding to be direct by the Lords of his Majesties Exchequer at the instance of his Majesties Thesaurer principall and depute for payment of the said annuitie of all years by-gone and in time comming And ordaines the Lords of his Majesties Exchequer to sit at all convenient times for granting and discussing of suspensions touching the said annuitie of teinds It is alwaies declared that the last clause and article contained in the said Act of annuitie whereby the Commissioners thinke fit that the said annuitie of teinds shall bee annexed to the crown is no waies ratified by this present act nor no clause thereof And that his Mie takes to his own gratious consideration what to do thereanent in whole or in part as his Mty in his royall wisdome shall think most expedient And whatever his Mtie shal do now or hereafter thereanent shal be as valid and effectual as if the same had been particularly exprest in this present act ACT XVI ANENT VASSALS HOLDING WARD OUR SOVERAIGNE LORD And Estates of this present Parliament ratifie and approve the Act of Parliament made by his Majesties um while Father of eternall memorie 18. Parliament cap. 12. Intitulate Act anent setting of fewes to sub-vassals of ward lands in the whole heads and articles thereof And farther his Majestie with consent of the said Estates hath extended and doth extend the said act of Parliament and benefit thereof in favour of his sacred Majestie and of the Prince of Scotland and their Successors in all time coming And statutes and ordaines that it shall no wayes bee lawfull to whatsoever Vassals holding lands of his Majestie or of the Prince of Scotland or of any Duke Marquesse Earl Vicount Lord Prelate Baron or any other person whatsoever holding their land of their Superiour by service of war and relief to set their said lands baronies milnes fishings or any other lands or haritages whatsomever holding ward as said is To any other person or persons in Few for payment of a Few-ferme dutie or in any manner of holding in prejudice of the said ward holding without speciall advice and consent of their superious of whom they hold the same respective And rescinds and annuls all former acts of Parliament of whatsomever date or tenor which may in any sort derogate to this present act And findes and declares that all and whatsomever infeftments to be granted otherwise without consent of the said superiours respective or their confirmation abtained thereto doth no wayes stop the ward of the said lands nor hinders the curse of recognition vacand or which shall happen to vake in the superiours hands incase of altenation of the same either of the whole or of the most part thereof according to the curse of the common Law without consent of their superiours but prejudice to their said superiours respective and their successors of the benefit of the said act of Parliament 1606 whereby all such infeftments and grants without consent as said is are declared to be null by way of action exception or reply Which clause shall stand in favour of his Majestie and in favour of the Prince and their Successors and other superious respective foresaid sicklike and in the same manner as if the said clause were insert in this present act and this act shall not be extended to deeds lawfull done in time by-gone before the date of this present act but onely ad futura ACT XVII ANENT THE RATE AND PRICE OF Teinds FOR SO MUCH As our Soveraigne LORD out of his Royall and Fatherly care tendering the publique good of this his ancient Kingdome did immediatly after his happie attaining to the Crown publish and give forth his Royall declaration anent the reforming of the abuses used in leading of teinds wherein his Majesties umwhile Father of eternall and blessed memorie laboured so much in his time and for provision and maintenance of Kirks and another pious uses forth of the said teinds And now his Majestie being by Gods gracious providence present in his Royall Person within this his Majesties ancient Kingdome and holding this his first Parliament of his whole Estates of the same with whom his Majestie hath advised and resolved to put that glorious worke anent the teinds to a full perfection THEREFORE His Majestie with consent of the three Estates by these presents statutes ordaines and declares that there shall be no teind-sheaves or other teinds Personage or Vicarage led and drawn within the Kingdome but that each heretor and life-renter of lands shall have the leading and drawing of their owne teind the same being first truely and lawfully valued and they paying therefore the price after-specified incase they be willing to buy the same or otherwise paying therefore the rate of teinde after specified Like as his Majestie and Estates find and declare that the just and true rate of teinds is and shall be the fift part of the constant rent which each land payeth in stock and teind where the same are valued joyntly and where the teinds are valued apart and severally that the just rate thereof is and shall be such as the same is already or shall be hereafter valued and proved before the said commissioners or subcommissioners deducing the fift part thereof for the ease of the heritors reserving alwayes liberty to such as shall finde themselves enormly hurt by the leading of the said valuations to persue for rectifying of the same before the commissioners appointed by his Majestie and Estates for that effect And also his Majestie with consent of the three Estates finds and declares that the price of all teinds which may be sold and annalied consisting either in money victuall or other bodies of goods is and shall be ruled and estimate according to nine yeers purchase the prices of victuall and other bodies of goods whereof the teind consists being redacted in money according to the worth and price of victuall and goods in each part of the countrey to the which the same is and shall be prized and estimate by his Majesties commissioners already appointed or to be appointed to that effect And findes and declares that each heritor in
a full end without the authoritie of a Parliament Like as his Majestie out of his earnest and tender affection to the publique good of this his native kingdome And for advancing the said great and glorious works intended by his Majestie as said is hath taken the paines to come hither in his Royall person where his Majestie being present in solemne Parliament with his three Estates of his said ancient Kingdome Have resolved and concluded upon the particular acts and statutes after following tending to the publique good peace ease and comfort of his said Kingdome and subjects thereof Viz. His Majestie and Estates foresaid have ratified the act of commission of surrenders teinds of the date at Holy-rude-house the twentie sixth day of June 1627 yeares whereby it is found meete and expedient that the lowest proportion for maintenance of Ministers shall be eight chalder of victuall or eight hundreth markes proportionally except such particular kirkes occurre wherein there shall be a just reasonable and expedient cause to go beneath the foresaid quantitie And hath referred the consideration of the reasons and causes thereof to the commissioners to be chosen by his Majestie with consent of the Estates in manner contained in the said act Like as also his Majestie and Estates by another act and ordinance hath statute ordained and declared that each heritor and life-renter of lands respective shall have the leading and drawing of their owne teinds the same being first truely and lawfully valued and they paying therefore the price after-specified incase they be willing to buy the same or otherwise for the yearely payment of the rate of teinds after-specified Like as his Majestie and Estates have by the said act found declared that the true and just rate of teind is and shall bee the fifth part of the constant rent which ilk land payes in stock and teind where the same are valued joyntly And where the teinds are valued apart and severally that the just rate thereof is and shall be such as the same is alreadie by vertue of the former generall commission of surrenders and teinds proved and valued to Or else shall be hereafter valued and proved before the Commissioners to be appointed by his Majestie with consent of the Estates deducing the fifth part thereof for the ease of the heritors Reserving alwaies libertie to such as shall finde themselves enormely hurt by the leading of the said valuations to pursue for rectifying of the same before the said Commissioners to be appointed by his Majestie and Estates foresaid like as his Majestie and Estates have by the said Act found and declared that the price of all teinds which may be sold and annalied consisting eyther in money victuall or other bodies of goods is and shall be ruled and estimate according to nine yeares purchase The prices of victuall and other bodies of goods whereof the teinds consist being redacted in money according to the worth and prices of victuall and goods in ilk part of the countrie To the which the same is and shall be prized and estimate by the said former Commissions of surrenders and teinds or by the Commissioners to be appointed by his Majestie with consent of the Estates And also have found and declared that ilk heritor in the Kingdome being willing to buy his owne teind from the titulars having power to sell the same shall be obliged to buy the teynd of his owne lands except so much as shall be locally assigned to the Minister serving the Cure for his maintenance And to pay the prices foresaid to the titulars betwixt and the particular times and diets exprest in the said Act. And also have found that the heritors shall bee obliged to give to the life-râ—nter of the lands the leading of their own teinds for payment of the rate of teind of the same And also have found that in all cases where teinds are not coft that the heritors or life-renters of lands who have the leading of their own teinds by themselves their tenants and others in their names shall be obliged to pay to the titulars of the said teinds the yearely rate thereof according to the order set downe and prescribed by the former Commissions or to be set downe by the Commissioners to be appointed by his Majestie with consent of the Estates deducing so much thereof as shall be assigned to the Ministers for their maintenance And because sundrie questions may arise anent the valuations of teinds and prices thereof and anent the securities to bee made by the titulars to the heritors who buy their teinds and by the heritors to the titulars of the price to be payed for the same when the teinds are coft or for payment of the rate of teind where the same is not coft And anent the provisions of the Kirkes with competent maintenance and other particulars mentioned in the said act THEREFORE His Majestie and Estates by the said act did referre the determination thereof to the Commissioners to be appointed by his Majestie and Estates With these declarations alwaies that his Majestie shall have his annuitie payed forth of the teinds according to the tenour of the said act of annuitie And that the Archbishops Bishops Parsons Vicars and other beneficed persons being Ministers and their successors should be no farther obliged in any of the premisses But according to the provisions and conditions exprest in the submission made by the Bishops to his Majestie which is of the date the day of 1628 years And registrate in the said bookes of surrenders and teinds upon the thirteenth of July 1631 yeares And that the Vicarages of ilk Kirke being a severall benefice and title should be severally valued to the effect the titulars and Ministers serving the Cure who have right to the said Vicarages should not bee frustrate of the true worth of the said Vicarages and sicklike His Majestie and Estates by another Act have found and declared that his Majestie and his Successors have and shall have undoubted right to the superiorities of whatsomever erections few-mails few-fermes and other casualities thereof Reserving to such Lords and titulars of erection who subscribed the generall surrender the fewamails and few-ferwes of their said superiorities ay and while they receive payment and satisfaction of the summe of one thousand markes usuall money of Scotland for ilk chalâ—er of few-ferme victuall and for ilk hundred markes of few-mails and for ilk hundred markes of all other constant rent of the said superiorities not consisting in victuall or money and not being naked service of vessals according to the tenour of his Majesties generall determination and conforme to the conditions therein contained as in the said three acts of this present Parliament at more length is exprest AND Forasmuch as it is necessarie for determination of the particulars foresaid and of all such other points which are fit and expedient for the finishing and full perfection of the said glorious worke anent the teinds maintenance
said teinds by the said titulars of teinds or heritors or life-renters of lands according to the tenor of the said act of annuitie And generallie with power to the said commissioners to decide and determine in all other points which may concerne the leading and drawing of teinds the selling and buying of the same or payment of the rate thereof contained in the acts of Parliament above-specified or set downe in his Majesties generall determination with this provision and declaration alwayes that the Archbishops Bishops Parsons Vicars and other beneficed persons being Ministers and their successors shall be no farther bound but according to the provisions and conditions exprest in the submission made by the Bishops to his Majestie which is of the date the day of 1628 yeares and registrate in the bookes of commission of surrenders and teinds upon the thirteenth day of July 1631 Which provisions and conditions are holden as exprest herein And also with this provision that the Vicarages of each kirke being a severall benefice and title from the Parsonage shall be severally valued to the effect the titulars or Ministers serving the cure who have right to the said Vicarages be not frustrate of the true worth of the said Vicarages And sicklike because by the act above-specified made anent superiorities of erections in favour of his Majestie there is speciall reservation made to such titulars and Lords of erection as have subscribed the generall surrender of the few-mails few-fermes and other constant rent of the said superiorities aye and while they be payed of the price thereof contained in his Majesties generall determination and according to the provisions specified therein Therefore his Majestie and Estates give full power to the said commissioners or any fifteene of them as said is to call and conveen before them the Lords of erection and others having right to the said few-mails and few-fermes other constant rent of the superiorities of kirke lands at such particular diets as they shall appoint and to urge the said Lords of erection and others foresaid to give up their rentals of their said few-mails few-fermes and other constant rent foresaid of their said superiorities conforme to his Majesties decrete and determination given out there-anent And with certification as is therein contained and to liquidat the other constant rent of the said superiorities not consisting in victuall or silver to the effect after the full tryall of the said rentall and liquidation thereof the said Lords of erection may receive the price of a thousand marks for each chalder of few-fermes and for each hundreth markes of the other constant rent being redacted in money in whole or in part proportionally from his Majesties Thesaurers principall or depute and incase of the absence and refusall of the saids titulars and Lords of erection that the same may be consigned in the hands of the Clerke to the said commissioners to remaine consigned for their behove after the which consignation it shall be lawfull to his Majesties Thesaurers principall or depute to up-lift receive and intromet with the said few-mails few-fermes and other constant rent foresaid of all yeares and termes after the said consignation according to the tenor of the said generall determination And also with power to the said commissioners as said is to discusse and determine all questions that may arise betwixt the said Lords of erection and the heritors of the ground pensioners life-renters others pretending right to the said few-mails and few-fermes and to divide the price amongst them according to the qualitie of their rights all other questions anent the few-mails few-fermes and other constant rent foresaid Which by his Majesties generall determination is referred to the determination of the commissioners to be appointed to that effect And whereas it may fall out that some of the commissioners now appointed by his Majestie and Estates may be unable to attend the service through death sicknesse or some other notour and knowne impediments Therefore his Majestie reserves to himselfe the nomination of such other persons in their places as his Majesty shall thinke fit whom his Majestie by his letters shall recommend to the said commissioners to the intent they may receive and admit them upon the said commission and take their oathes for faithfull discharge of the same And his Majestie and Estates ordaine this present commission to endure unto the last day of December in the yeare of God 1635 yeares and farther induring his Majesties pleasure and aye and while the same be expresly discharged by his Majesties warrand or letter to that effect And his Majestie with consent of the Estates foresaid findes declares and ordaines the acts decretes and ordinances of the commissioners foresaid and of the other persons who shall be surrogate in their places by his Majestie in manner foresaid in the whole particulars above-specified and every one of them to have the strength force and authoritie of a decrete sentence and act of Parliament and ordaines the Lords of Session to grant and direct letters of horning poynding and others thereupon upon a simple charge of ten dayes or otherwise as shall be found necessary Attour for clearing of all doubts difficulties which may arise anent the rectifying of valuations or other particular heads following His Majestie and Estates have declared and declare that where valuations are lawfully led against all parties having interest and allowed by the former commissioners according to the order observed by them that the same shall not be drawne in question nor rectified upon pretence of enorme lesion at the instance of the Minister not being titular or at the instance of his Majesties Advocat for and in respect of his Majesties annuitie except it be proved that collusion was used betwixt the titular and heritor or betwixt the procurator fiscall and the titulars and heritors which collusion is declared to be where the valuation is led with diminution of the third of the just rent presently payed and which diminution shall be proved by the parties oathes And sick like it is declared that the provisions contained in the foresaid submission made by the Bishops whereof mention is made in the foresaid act of tithes and which is respected in this commission shall be restricted to that wherof Archbishops Bishops Parsons Vicars or other beneficed persons being Ministers Colledges Hospitals and other dotations to pious uses were in actuall and reall possession the time of the said submission which shall remaine with them in quantity quality according to the tenor of the said provision And if any question shall arise betwixt the said Archbishops Bishops Parsons Vicars and other beneficed persons foresaid anent the leading of teinds that the same shall be referred to his sacred Majestie and to his Royall pleasure to be signified thereanent And also anent laick patronages pertaining to any his Majesties subjects before the yeare of God 1561 yeares His Majestie and Estates declare that the same fals within the compasse of
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
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
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
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
the Kingdome being willing to buy his owne teind from the titulars having power to sell the same shall be obliged to buy the teinds of his owne lands except so much as shall be locally assigned to the Minister serving the cure of the kirke for his maintenance and to pay the prices foresaid betwixt and the terme of Martinmasse in the yeare of God 1635 yeares where the valuation of the teinds is made and approved before the date hereof and where the same is not yet valued and approved within the space of two yeares after the same be valued and approved by the Commissioners to be appointed by his Majestie and Estates to that effect after the expiring of the which time his Majestie and Estates declare that the said titulars shall not be compelled to sell the same except they doe it of their own good will and consent with this declaration alwayes that incase the impediment of not selling induring the space foresaid flow from the titular by reason of his minority or other inhabilitie in that case the heritor who offereth himselfe ready to buy his own teind within the space foresaid shall have place so soone as the impediment is removed to buy his teinds notwithstanding of the expiring of the yeares and spaces above-expressed And it is declared that if the heritor be minor and his Tutors neglect the buying of his teinds within the space foresaid the minor shall have action against his Tutors pro Damno interesse but not action to compell the titular after the expiring of the space foresaid for selling of the said teinds And where the said teinds are coft by the heritors as said is finde that the heritor shall bee obliged to give to the life-renter of the said lands having right thereto by contract of marriage life-rent infeftment conjunct-fee or reservation forth of the infeftment of fee the leading of the teinds of their said life-rent lands for payment of the rate of the teind of the same And sicklike finds that in all cases where teinds are not coft that the heritors or life-renters of lands who have the leading of their owne teinds by themselves their tennants and others in their name shall be obliged to pay to the titulars of teinds the yearely rate thereof according to the valuation of the same made or to be made and to give securitie thereof according to the order set downe and prescribed by the Commissioners of surrenders and teinds or to be set downe by the Commissioners appointed or to be appointed by his Majestie with consent of the Estates of this present Parliament deducing so much thereof as shall be assigned to the Minister for his maintenance It is alwayes declared that whether the said teinds be sold or not his Majestie shall have his annuitie forth of the same according to the tenor of the act of annuitie And because sundrie questions may arise both anent the valuation of teinds and price of the same in divers parts of the countrey and anent the securities to be made by the titulars to the heritors who buy their teinds and by the heritors to the titulars of the price to be payed for the same where the teinds are coft or for payment of the rate of teind where the same is not coft And sicklike anent the provision of the Kirkes with competent maintenance and for division of the price of teinds betwixt the heritors and life-renters and rectifying of valuations already led to the enorme hurt and prejudice of these having interest Therefore his Majestie and Estates have referred and refer the determination of the said particulars and all others concerning the teinds to the Commissioners appointed by his Majestie and Estates in this present Parliament It is alwayes declared that this present act shall be no farther obligator against whatsoever Archbishops Bishops Parsons Vicars and other beneficed persons being Ministers nor their successors but according to the provisions conditions expressed in the submission made by the Bishops to his Majestie which is of the date the day of 1628 yeares and registrate in the bookes of commission of surrenders and teinds upon the thirteenth day of July 1631 yeares Which provisions and conditions are holden as expressed herein And also it is declared that the Vicarages of each Kirke being a severall benefice and title from the parsonage shall be severally valued to the effect the titulars or Ministers serving the cure who have right to the said Vicarages be not frustrate of the true worth of the said Vicarages ACT XVIII ANENT THE EXCHEQUER OUR SOVERAIGNE LORD And Estates of this present Parliament ratifie and approve that head and clause of Parliament made upon the twentie two day of May 1584 Whereby his Majesties umwhile Father of eternall memorie with consent of the Estates hath appointed and ordained that all causes concerning his Majesties property whether the same be suspensions letters conforme breaking of arrestment deforcement of Officers in the premisses or any thing depending thereupon shall be discussed before his Majesties Exchequer in the Exchequer-house And sicklike his Majestie with consent of the Estates statutes and ordaines that the Lords of Exchequer appointed or to be appointed by his Majestie shall have undoubted power warrant and authoritie to sit cognosce and decide in all the foresaid causes concerning his Majesties propertie and others depending thereupon And also in all causes concerning his Majesties annuitie forth of the teinds and ordaines them to sit at all convenient times for passing discussing of suspensions and for deciding of all other actions concerning the said propertie and annuitie of teinds And to direct letters of horning and poynding and other execution necessary upon the decretes pronounced by them of or concerning the premisses and the horning to passe upon a simple charge of ten dayes upon this side of the water of Dee And upon twenty dayes by north Dee alennerly at the discretion of the said Lords of Exchequer ACT XIX COMMISSION FOR VALUATION OF Teinds not valued rectifying the valuations of the same already made and other particulars therein contained FOR SO MUCH As our Soveraigne Lord immediately after his happy attaining to the Crown of this his ancient and native Kingdome did out of his Royall and Fatherly care to the publique good thereof give forth his Royall declaration anent the reforming of the abuses used in leading of teinds and for provision and maintenance of Kirkes and other pious uses forth of the said teinds And also for restoring the Crowne to the superiorities of whatsoever benefices and temporalities thereof erected in temporall livings and against other prejudices and detriments done to the Crowne mentioned in the said declaration And albeit his Majestie hath beene still urging and following the performance of the particulars foresaid these five yeares bygone or thereabout by commissions direct by his Majestie under his great Seal to that effect wherein there hath beene good progresse made yet the same could not take
of Ministers and others foresaid That a commission be granted by his Majestie with consent of the Estates and by authority of this present Parliament THEREFORE His Majestie with consent of the said Estates hath granted and by these presents granted full power and commission to the persons after following To wit Nine of the Clergie nine of the Nobilitie nine of the small Barons and nine of the Burgesses Together with my Lord Chancellour and eight officers of Estate viz. George Earle of Kinnowll Chancellour William Earle of Morton Thesaurer Iohn Archbishop of Saint Andros Thomas Earle of Handingtown Lord Privie Seale Patrick Archbishop of Glasgow William Earle of Marshall George Earle of Wintown Iohn Earle of Perth Iohn Earle of Kinghorne William Earle of Dumfreis William Earle of Sterling Secretary David Earle of Southask Iohn Earle of Traquar Thesaurer Depute Iohn Earle of Weymes Archibald Lord Napier George Lord Corstorpheine Alexander Bishop of Dunkell Iohn Bishop of Murray Iohn Bishop of Rose Adam Bishop of Dunblane David Bishop of Brichen Andro Bishop of Argyle George Bishop of Orknay Sir Iohn Hay Clerk of Register Sir Thomas Hope Advocate Sir George Elphingston Iustice Clerk Sir Iames Galloway Master of Requests Sir Robert Spotswood Sir Iames Learmouth Sir Iames Lokhart younger of Ley Sir Iohn Charters Sir Robert Grier Iohn Boyll of Kelburne Sir William Douglas of Cavers The Laird of Inchmartein the Laird of Lugtown Iohn Sinklar Iohn Maknacht Archibald Tod Edward Edger Master Alexander Guthrie Gabriel Cunighame Robert Tailyor William Mickle-Iohn and Master Robert Cuninghame or any fifteen of them there being three of every Estate with three of his Majesties officers of Estate Of which number of fifteen the Lords Chanceller The saurer and Privie seale Archbishops of Saint-Andrews or Glasgow Earle Marshall and Earle of Wintown or any one of them shall be one to meet and conveen at Holy-rude-house or Edinburgh at such times and places as they shall think fit And there to prosecute and follow forth the valuation of whatsover teinds personage or vicarage within the Kingdome which are as yet unvalued And also to receive the report from the Subcommissioners appointed within ilk Presbyterie of the valuations of whatsoever teinds led and deduced before them according to the tenor of the subcommissions direct to that effect And to allow or dissallow the same according as the same shall hee found agreeable or disagreeable from the tenour of their subcommissions And also with power to rectifie whatsoever valuations led or to be led to the enorme prejudice of the titulars and to the hurt and detriment or the Kirke and prejudice of the Ministers maintenance and provisions or of his Majesties annuitie and for the better expeding and advancing of the said valuations with power to appoint Committees or Subcommittees of their owne number To receive the reports of the said valuations made or to be made And to receive admit and examine witnesses and to take parties oathes with their depositions where the same is referred to oath And to give such farther power to the said Committees or Subcommittees of their owne number as they shall think fit for the good of the worke and speedy finishing of the same And sicklike with power to them if need be to appoint Subcommissioners not being of their own number within any parochin or Presbyterie of the Countrie for leading and deducing of the said valuations and to receive the reports thereof allow or disallow of the same And generally with power to them to set down whatsoever other order or course which shall be thought fit and expedient for dispatch of the said valuations rectifying thereof or finall closing of the same And sicklike with power to the said Commissioners or any fifteen of them as said is there being three of ilk Estate with any one of the persons of the quorum above-specified after the closing and allowance of the valuations of ilk Kirke and Parochin To appoint modifie and set downe a constant and locall stipend and maintenance to ilk Minister to be payed out of the teinds of ilk parochin according to the tenour of the acts above-specified Referring like as his Majestie referes with consent of the said Estates to the said commissioners the triall of the reasons and causes which may move the said Commissioners to goe beneath the quantitie of eight chalder of victuall or of eight hundred markes of money proportionally in manner contained in the said act And sicklike with power to the said Commissioners to divide ample and spatious parochines where the same shall found necessarie and expedient or to unite divers Kirks in whole or in part to others And to ratifie and allow after triall and consideration such union or dismembring of Parochines as hath been formerly made by vertue of the former Commissions And sicklike with power to them to appoint and prvoide for such other pious uses in each parochin as the estate thereof may beare And sicklike with power to the said Commissioners as said is to take order that every heritor and life-renter of lands shall have the leading of their own teinds parsonages and vicarages thereof they paying the price contained in the act above-specified incase they be willing to buy the same from the titular having power to sell or otherwise paying the rate of teind exprest in the foresaid act and to that effect with power to the said commissioners to set downe the prices of sellable teinds according to the worth thereof in each part of the countrey where the same grow and are bred and also with power to them to set downe such good and ample securities as may stand by law both for the buyers of teinds to the effect the titulars may be fully denuded in their favour And also for securitie to the titulars and sellers of the price due to be payed to them for the said teinds And also to set downe the securitie in favour of the titulars and of the Ministers so farre as concernes the maintenance assigned to them for good thankfull and timous payment of the rate of teind where the same are not or cannot be sold And sicklike with power to the said commissioners to discusse and determine all questions which may arise betwixt the titulars and heritors anent the price of teinds according to the nature and qualitie of the rights to be sold whether the same be heritable or temporall and to proportionate the price accordingly and also to divide the price of teinds betwixt heritors and life-renters thereof and betwixt titulars taksmen and others who have severall and distinct rights to the said teinds sellable according to the qualitie of their rights And also with power to them to cause the titulars who sell their said teinds to exhibit their rights and titles to the effect that they may be lawfully denuded thereof in favour of the said heritors and life-renters respective without prejudice alwayes to his Majesties annuitie to bee payed forth of the
booking and extracting of the sentences shal not be stayed for the not payment making of the twelve pennies of the pound by the purchasers and obtainers of the said decretes ACT XXVII ANENT PARDON OF PENALL STATUTES OUR SOVERAIGNE LORD Considering that the precise and rigorous exaction of the pains arbitrarie and pecuniall adjected to penall statutes heretofore made would prove a burden to his Majesties lieges heavie and insupportable if by his Majesties grace and favour they should not be eased and liberate of the same In consideration whereof his Majestie in this his first Parliament holden in this his ancient and native Kingdome being willing to give ease and reliefe to his subjects of the foresaid burden Hath therefore been graciously pleased with consent of the Estates of Parliament to discharge freely pardon and remit and by these presents discharges freely pardons and remits all contraveeners of any of the said penall statutes for all deeds done by them contrary to the tenour of the same statutes in time by-gone Except only the statutes concerning wearing and bearing of hagbuts and pistols Taking of unlawfull usurie Transporting of mony and gold Slaying of red and black fish with the penalties incurred by the concealers of annuall-rents and wrongous up-givers of the inventars of their moneys Which are no waies discharged by this present act nor comprehended under the same ACT XXVIII RATIFICATION IN FAVOUR OF THE Vicount of Sterling of the infeftments and signature granted to him of the Dominions of new Scotland and Canada in America and Priviledges therein contained and of the dignity and order of Knight Baronets and Act of Convention of Estates made thereanent OUR SOVERAIGNE LORD And Estates of this present Parliament Ratifie and approve all letters Patents and Infeftments granted by King Iames the Sixth of blessed memorie or by our said Soveraigne Lord unto William Vicount of Sterling and to his heires and assignes of the Territories and Dominions of new Scotland and Canada in America and especially the Patent Charter and Infeftment granted by his Majesties umwhile dearest Father of worthie memorie of new Scotland of the date the tenth day of September the yeare of God 1621. Item another charter of the same granted by his Majestie under the great Seale of the the date the twelfth day of July 1625 years Item another Charter and infeftment granted by his Mie of the Countrie and Dominion of new Scotland under the great Seale of the date the third day of May 1627 yeares Item another Charter and Infeftment granted by his Majestie under the great Seale of the River and gulf of Canada bounds and priviledges thereof mentioned in the said Patent of the date the second day of Februarie 1628 years Item a Signature past under his Majesties hand of the said Countrie and Dominion which is to be with all diligence exped through the Seales of the date at Whitehall the twenty fourth day of Aprill 1633 years With all liberties priviledges honours jurisdictions and dignities respective therein mentioned Together also with all execution precepts instruments of seasings and seasings following or that shall happen to follow thereupon And also ratifies and approves the Act of generall Convention of Estates at Holy-rude-house the sixth day of July the year of God 1630. Whereby the said Estates have ratified approved the dignities order of knight Baronet With all the Acts of secret Counsell and Proclamations following thereupon made for maintaining of the said dignitie place and precedencie thereof And his Majestie and Estates foresaid will statute and ordaine that the said letters Patents Charters and Infeftments and the said dignitie title and order of Baronets and all letters patents and infeftments of Lands and dignities granted therewith to any person whatsoever shall stand and continue in full force with all liberties priviledges and precedencies thereof according to the tenour of the same And in als ample maner as if the bodies of the said letters patents infeftments signature above mentioned were herein particularly ingrost and exprest And ordaine intimation to be made hereof by open proclamation to all his Majesties Lieges at the market crosse of Edinburgh and other places needfull that none pretend ignorance hereof ACT XXIX IN FAVOUR OF THE EARLE OF Mortoun and the Lord Dalkeith his Sonne Anent the Loch of Levin and preservation of the fishings thereof OUR SOVERAIGNE LORD And Estates of this present Parliament considering that the Loch of Loch-Levin pertaines heritably in propertie to his Majesties right trustie Cousin and Counsellor William Earle of Mortoun Lord great Thesaurer of this Realme and Robert Lord Dalkeith his Sonne and that the said Loch is well plenished and furnished with Pykes Perches and Trouts of divers kinds And that when the fish ascend forth of the said Loch to the waters burnes and strypes that fall in the same to spawn therein There is great slaughter destruction of them committed by the country people about wherby the said Loch fishing thereof is not of such worth to the heritors of the said Loch nor to the countrey about as it would be if the said fishes were not slain in the said waters burnes strypes For remedy whereof his Majestie with advice consent of the Estates of this present Parliament statutes ordaines that none of his Majesties Lieges slay any Pyks Perches Trouts or any other fishes in the waters strypes or burns that fall in the said Loch or run forth thereof within the space of five miles to the said Loch under the paine of twentie pounds usuall money of this Realme to be payed by each contraveener toties quoties for each contravention and ordaines the said whole paines and unlawes of contravention to appertaine to the said Earle of Mortoun his said Son their heires and successours And by these presents gives and grants power and commission to them and their Bayliffes and Deputes to call before them within the towne of Kinroscher all persons suspect of slaying of the said fish within the said burnes waters Loch or strypes within the said space of five miles to the said Loch And as they shall be found guilty or innocent of slaying thereof to assoilyie them or unlaw them in the unlawes foresaid And to decerne and ordaine the persons convict to pay the same unlawes to the Proctour fiscall to be appointed for that effect by the said Earle of Mortoun his said son or their foresaids And ordaines letters of horning upon a simple charge of six dayes poynding and other letters and executorials requisit to be direct for payment to the said proctour fiscall of the said unlawes And ordaines publication to bee made hereof in forme as effeiris ACT XXX ANENT THE CLAN-GREGOUR OUR SOVERAIGNE LORD And three Estates of this present Parliament understanding that albeit by the great care of his Highnes umwhile dearest Father of eternal memory the Clan-Gregor was supprest and reduced to quietnesse yet of late they are broken forth againe to the
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