Majesties Patrimony and rent ITEM His Majestie revokes casses annuls retreats and rescinds all Infeftments alienations dispositions with all takes assedations and any other sort of conveyances whatsoever made by his Majestie or his Majesties dearest Father or any other his Majesties Predecessors Kings of Scotland against the lawes of the kingdome to whatsoever persons of his Majesties Castles and Houses or Places and Roomes whereupon the said Castles and houses were situat although now demolished by injurie done to his Majestie and the said Crowne And sicklike all infeftments alienations and dispositions and all other sort of conveyances whatsoever of any of his Majesties medowes woods and parks with all takes assedations and other dispositions thereof made by his Majestie or his predecessors foresaid against the lawes of the kingdome The same being so found and tryed ITEM His Majestie revokes retreats and rescinds all and sundrie Infeftments alienations gifts dispositions or any other conveyances whatsoever made by his Majesties said umwhile dearest Father or any other his Majesties predecessors kings of Scotland induring their minoritie and lesse age and not thereafter confirmed in their majoritie to whatsoever person or persons in few-ferme or life-rent of all lands and annual-rents which be come in their hands as propertie by right of the crowne through bastardrie or being last heire by recognition or forfaulture or otherwise with all confirmations if any be granted in Parliament thereupon providing that presentation to tennandries fallen by occasion foresaid shall in no wayes come under this present Revocation because the same being casualities could not remaine in his Majestie or his said predecessors hands in prejudice of the Superior of the said tennandries but of necessitie it behoved them to present heritable Tenants to the said Superiours ITEM His Majestie with consent foresaid revokes casses annuls all new Infeftments confirmations and other conveyances whatsoever given by his Majesties said umwhile dearest Father or any other his Majesties Predecessors kings of Scotland to whatsoever person or persons of any lands baronies Lordships or other heritages whatsomever To be holden in blensh ferme which were holden of his Majestie or his Predecessors of before by service of ward and relief And that in so farre as the same is or may be found and verified to have been granted against the lawes and Acts of Parliament of the Kingdome without prejudice alwayes to the heritable possessers incase of reduction of their changed renors to brooke and hold their said lands heritable as they were holden before the alteration of the said holding ITEM His Majestie with consent foresaid revokes casses annuls retreats and rescinds all Regalities and gifts of Regalities and all confirmations and ratifications of the said gifts and regalities made given or granted or consented to by his Majestie or his said umwhile dearest Father or any other his Majesties Predecessors Kings of Scotland against the Acts and statutes that no Regalities should be given in heritage without advice and deliberation of the whole Parliament together with all charters infeftments confirmations gifts de novo damus and other rights whatsomever made by his Majestie or his Predecessors above-named of whatsomever heritable offices against the lawes and Acts of Parliament of the Kingdome ITEM His Majestie with consent foresaid revokes casses annuls retreats and rescinds all new creation of lands baronies and annexations and unions of divers lands in free which are made by his Majesty or his said umwhile dearest Father or any other of his Majesties predecessors Kings of Scotland in prejudice of their due service owing of before Together with all discharges given of the said service and sutes of court due of old and that in so farre as the same is or may be found to be unlawfully made or against the lawes of the Kingdome ITEM His Majestie with consent foresaid revokes casses annuls retreats rescinds all new Infeftments made and given by his Majestie or his said umwhile dearest Father or any other his Majesties Predecessors Kings of Scotland of Creation of Baronies and Lordships annext to the Crowne foresaid in favour of whatsomever person in so farre as the same is or many be verified to have been made and granted unlawfullie and against the Lawes of the Kingdome ITEM His Majestie with consent foresaid revokes casses annuls retreats and rescinds all Infeftments gifts and disposions whatsomever set given and granted by his Majestie or his said umwhile dearest Father or any other his Majesties Predecessors Kings of Scotland to whatsomever person or persons in fee few-ferme or life-life-rent of whatsomever Hospitals Masondieus lands or rents appertaining thereto in hurt or prejudice of consciences and against the lawes and acts of Parliament of the kingdome to the end that the said Hospitalls may be reduced to the first institution for upholding of the poor so farre as may be done by the lawes of the Kingdome Providing alwayes that the rents of the Trinitie Colledge beside the Burgh of Edinburgh and other rents assigned to the Hospitall and colledge erected by the Provest Baysiffes and Councell of the Burgh of Edinburgh be no wayes comprehended under this present Revocation ITEM His Majestie with consent foresaid revokes casses annuls retreats and rescinds all and whatsoever gifts pensions gifts of sees wages liveries and dispositions out of his Majesties casualities and coffers given by his Majestie or by any of his Majesties noble Progenitors except such as shall be of new granted by his Majestie again together with all Presentations to offices and places which by the laws of the Realme fall under his Majesties Revocation excepting alwayes the presentations fees and pensions given to the ordinary officers of the Crown after specified their Deputes and Clerks and to the other persons after mentioned which are declared no wayes to fall within this present Revocation They are to say The fees and pensions given and assigned to the Thesaurer Comptroller and Collector principall and to his Majesties depute Thesaurer and to their Deputes and Clerks to the Secretary principall and his Deputes To the Clerk of Registery to his Majesties Advocate and the Justice Iustice Clerke and their Deputes and to the Master of Requests and to the proctor for the poore director of the Chancellarie and dictator of the Rolls And also declares the pensions and others underwritten no wayes to fall under his Majesties Revocation viz. The pension of the Duke of Lennox his umwhile Father or Uncle The pension to the Earle of Morton with the tak and assedation of Orknay and Zetland The pension to sir Robert Ker of Ancrum the pension to M. Iohn Sandelands the pension to Sir Iames Lockhart the pension to sir Iames Levingston the pension to sir William Balfour the pension to Halbart Maxwell the pension to sir Iames Carmichaell the pension to sir Iames Ramsay and the pension to sir Iohn Murray of Revilrige which his Majestie and Estates declare shall stand in effect notwithstanding of this present Revocation ITEM His Majestie
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
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
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
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
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
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
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
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
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
Balhagradie 141 Act in favour of the Laird of Makclachin 142 Act in favour of the Kirke of Pittinwyme 143 Act in favour of the Kirke of Eymouth 144 Act in favour of the Minister of Coldinghame 145 Act in favour of the Minister of Bruntiland 146 Act of dissolution of Lugtoun and Melvill from the Parish of Saint Andros and union thereof to Dalkeith and Laswade 147 Act anent the Parsonage of Dalkeith and payment of the taxation thereof 148 Act in favour of sir Richard Murray of Cokpull 149 Act in favour of the Minister of Colbrandspeth 150 Act in favour of sir Iohn Charters of Aimisfield 151 Act in favour of sir Patrick Hamiltoun ef little Prestoun 152 Act in favour of the Laird of Balvaird 153 Protestation Earle Annandail 154 Act in favour of Iohn Hamiltoun of Boghall and his spouse 155 Act in favour of William Lockhart of Carstairs 156 Protestation Marques of Hamiltoun 157 Protestation Marques of Dowglas 158 Protestation Archbishop of Glasgow 159 Act in favour of Master Robert Gordoun of Strealoch 160 Act disuniting the Kirkes of Ebdie and Newburgh 161 Act anent the erection of the Parish Kirke of Strechine 162 Protestation Lord Lundors 163 Act in favour of sir George Hamiltoun 164 Act uniting certaine lands to the Kirkes of Corstorphine and Hails 165 Act in favour of Iames Hay of Smithfield 166 Act in favour of sir Iames Balfour 167 Act in favour of Alexander Cuningham of Barnes 168 Protestation Archbishop of Saint Andrews 169 Act in favour of the Master of Elphingstoun 170 Act in favour of Master Alexander Keith of Benholme 171 Act dissolving foure prebendaries from the parish Kirke of Corstorphine to the Colledge Kirke thereof 172 Act in favour of sir Iohn Achmootie of Gosfuird 173 Act in favour of sir George Ogilvie of Bamffe 174 Protestation Doctor Philip contrary the act of erection of the Kirk of Kingsbarnes in favour of the Lord Lindesay 175 Protestation Earle Lauderdaill contra Iames Livingstoun of Beill 176 Act in favour of sir Thomas Hope of Craig-hall Knight Baronet A TABLE OF THE PRINTED ACTES AND Lawes past in this first PARLIAMENT of our Soveraigne Lord King CHARLES c. and in what leafe and page the same is to be found 1 ANent the taxation granted to his Majestie of thirtie shillings termly upon the pound land and the sixteenth pennie of all annuall-rents pag. 3. 2 Anent the collecting and inbringing of the taxation and reliefe to prelates 9. 3 Anent his Majesties royall Prerogative and Apparell of Kirkemen 18. 4 Ratification of the Acts touching Religion ibid. 5 Ratification of the act of Councell anent the plantation of schools 19. 6 Anent the inverting of pious donations ibid. 7 Anent invading of Ministers 20. 8 Ratification of the act of Commission anent the Ministers provisions 21. 9 The Kings generall Revocation 22. 10 Anent annexation of his Majesties propertie 28. 11 Act of Dissolution 30. 12 Ratification of the act of Interruption 31. 13 Anent Regalities of erections 36. 14 Anent superiorities of Kirkelands 38. 15 Anent his Majesties annuitie of teinds 39. 16 Anent Vassals holding Ward 41. 17 Anent the rate and price of teinds 42. 18 Anent the Exchequer 44. 19 Commission for valuation of teinds not valued rectifying the valuation of the same already made and other particulars therein contained 45. 20 Anent the King his designation of the names to be insert in the Commissions anent the tithes and lawes 52. 21 Anent the annuall of eight to bee taken of ilk hundred in time to come alannerly suspending the same for three yeares and in the interim two of ten to bee payed for the said space to his Majestie ibid. 22 Anent the Lords of session their taxation of ten shillings to be imposed upon everie pound land of old extent 53. 23 Ratification of the liberties of the Colledge of Iustice pag. 56. 24 Ratification of the priviledges of the free royall burrows 57. 25 Ratification of the acts made in favour of the Iustices of peace and their Constables and Commission to the Lords of secret Councell thereanent 58. 26 Explanation of the Acts of Parliament made in favour of the Lords of session anent twelve pennies of the pound to be payed in decreets given by the said Lords hereafter 59. 27 Act pardon penall statutes ibid. 28 Ratification in favour of the Vicount of Sterling of the infeftments and signature granted to him of the Dominions of new Scotland Canada in America priviledges therein contained and of the dignitie and order of knight baronets and act of convention of Estates made thereanent 60. 29 Act in favour of the Earle of Mortoun and the Lord Dalkeith his son anent the Loch of Levin preservation of the fishings thereof 61. 30 Act anent the Clan-Gregour 62. 31 Act in favour of his Majestie and Lieges intitulate Iure salvo cujuslibet 56. FINIS