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A11651 Acts made in the first Parliament of our most high and dread soveraign Charles, by the grace of God King of Great Britane, France, and Ireland, defender of the faith, &c. Holden by himself, present in person, with his three estates, at Edinburgh, upon the 28 day of June, 1633.; Laws, etc. Scotland.; Hay, John, Sir, 1578-1654. 1650 (1650) STC 21902.5; Wing S1168A; ESTC S122278 68,062 76

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of Orkney Anent the Vassalls of ward lands 12 Commission to the Councell anent the Ministers stipends of Edinburgh Anent the rebells within the Sheriffdomes of Elgine Forres Nairne and Innernesse Anent the erection of Stranraver in a free burgh and the burgh Wigtouns petition in the contrary Anent directing of letters against the inhabitants of the west and north Yles Anent the articles given in by the inhabitants of Orkney and Zetland Anent the prices of these writes that paste the Chancellarie Anent erecting of a Colledge of Physitians in Edinburgh 13 Commission to the Commissioners of surrenders anent the Kirks of Nisbet and Crailing 14 Act anent the dissolution of the Abbacies of Holy-rude-house and New-abbey 15 Act of rehabilitation of Frances Stewart with provision therein in favour of the Marques of Hamiltoun and sir Thomas Thomson 16 Protestation Bishop of Dunblane 17 Protestation sir Patrick Murray of Elibanke 18 Protestation Marquesse of Dowglas 19 Protestation Laird of Wauchtoun 20 Protestation sir Iames Lokhart younger of Ley. 21 Protestation sir Iames Maxwell of Calderwood 22 Act in favour of the Earles of Roxburgh Buckeleuch 23 Act in favour of Master Robert Craige for printing the booke called De feudis 24 Act in favour of William Dowglas of Cavers 25 Act of naturalization of certaiue noblemen and gentlemen of England 26 Act in favour of George Earle of Kinnoull Chancellor 27 Protestation Archbishop of Saint Andrews 28 Act in favour of the Duke of Lennox 29 Protestation Lord Lindesay 30 Act in favour of the Marques of Hamiltoun 31 Act in favour of the Marques of Hamiltoun 32 Act in favour of the Earle of Sutherland anent the regalitie and sherifship of Sutherland and making thereof a distinct sherifdome and erecting Dornoch in a free burgh Royall 33 Act in favour of the Earle Marshall 34 protestation Bishop of Murray 35 Act in favour of the Earle of Buchane for precedencie before certaine other Earles 36 Act in favour of the Earle of Buchane 37 Act in favour of the Earle of Galloway 38 Act in favour of Alexander Lord Gairlies 39 Act in favour of the Earle of Annandaill 40 Act in favour of the Earle of Annandaill 41 Act in favour of the Archbishop of Glasgow 42 Act in favour of the Bishop of Rosse anent annexation of Ferne to Rosse 43 Act in favour of the Bishop of Galloway 44 Act in favour of the Bishop of Dunblane 45 Act in favour of the Vniversitie of Saint Andrews 46 Act in favour of the Kings Colledge of Aberdeene 47 Act in favour of the Colledge of Glasgow 48 Act in favour of the Lord Lorne 49 Act in favour of the Lord Lorne 50 Act in favour of the Lord Lorne 51 Act in favour of the Lord Lorne 52 Act in favour of the Lord Yester 53 Act in favour of the Lord Lowdoun 54 Act in favour of the Lord Lowdoun 55 Act in favour of the Lord Napeir 56 Act in favour of the Lord Lindesay 57 Act in favour of the Burgh of Aberdeene 58 Act in favour of the Burgh of Glasgow 59 Protestation Chapter of Glasgow 60 Act in favour of the Burgh of Culrose 61 Act in favour of the Burgh of Hadingtoun 62 Act in favour of the Burgh of Bruntiland 63 Act in favour of the Burgh of Bamffe 64 Act in favour of the Burgh of Pittinweyme 65 Protestation Earle of Kelly 66 Act in favour of the Burgh of Selkirk 67 Protestation Marquesse of Dowglas 68 Protestation Earle of Roxburgh 69 Protestation Sheriffe of Forrest 70 Protestation Andrew Riddell 71 Act in favour of the Burgh of Air 72 Act in favour of the Burgh of Innernes 73 Protestation Earle of Murray 74 Protestation Lord Gordoun 75 Act in favour of the Burgh of Carraill 76 Protestation sir Iames Learmonth of Balcomy 77 Protestation Laird of Barnes 78 Act in favour of the Burgh of Kinghorne 79 Act in favour of the Burgh of Dumbartane 80 Act in favour of the Burgh of New-Galloway 81 Protestation Burgh of Kirkcudbright 82 Act in favour of the burgh of Lawder 83 Act in favour of sir Robert Dowglas of Spot 84 Act in favour of sir William Anstruther 85 Protestation Earle of Kellie 86 Protestation towne of Pittenwyme 87 Act in favour of the Laird of Panmoor 88 Act in favour of James Livingstoun of Beill 89 Act in favour of James Maxwell of Innerweik 90 Act in favour of the said James Maxwell and his spouse 91 Act in favour of the heires of Master Patrick Murray 92 Act in favour of William Murray 93 Protestation Vicount of Stormonth 94 Act in favour of sir Thomas Hope of Craig-hall Knight Baronet 95 Act in favour of sir James Lockhart younger of Ley. 96 Act in favour of the said sir James Lockhart 97 Act in favour of sir Patrick Murray of Elibank 98 Act in favour of six John Dalmahoy 99 Act in favour of the Laird of Glenurquhy 100 Act in favour of Doctor Beatone and his spouse 101 Act in favour of Henrie Nisbet 102 Protestation Lord Balmerinoch 103 Act in favour of John Oliphant of Bachiltoun 104 Protestation Duke of Lennox 105 Act in favour of sir Iames Mac-Gill of Cranstoun Riddell Knight Baronet 106 Act in favour of sir Thomas Thomson of Dudinstoun Knight 107 Act in favour of the Laird of Swynton 108 Act in favour of Master Walter Quhytfuird 109 Act in favour of Master Walter Quhytfuird 110 Act in favour of the Laird of Philorth younger 111 Act in favour of the Laird of Cors-hill 112 Act in favour of Master Iames Bannatine of Newhall 113 Act in favour of Master Andrew Aytoun of Logy Advocate 114 Act in favour of sir Iames Hamiltoun of Preist-field 115 Protestation sir Thomas Thomson 116 Act in favour of Iohn Campbell Fear of Calder 117 Act in favour of sir Iohn Spottiswod of Darsie 118 Act in favour of the Laird of Pitslig● 119 Act in favour of the Laird of Edzell 120 Act in favour of the Laird of Rouchlaw 121 Act in favour of Iohn Sinklar of Stevinson 122 Act in favour of Thomas Crombie of Kemno 123 Act in favour of Patrick Mac-Gie of Larg 124 Protestation Archibald Stewart of Phintilloch 125 Act in favour of the Ministers of Port-Patrick 126 Protestation Laird of Kinhilt 127 Act in favour of sir Arthur Dowglas of Quhittinghame 128 Act in favour of Master william Drumond 129 Act in favour of the Skinners of Edinburgh 130 Act in favour of Master Iames Nicolson of Colbrandspeth 131 Act in favour of the Fewars of Innerask 132 Act in favour of Iames Scot of Gallowshiells 133 Protestation Earle of Roxburgh 134 Protestation Sheriffe of Forrest 135 Act in favour of the Laird of Bishoptoun 136 Protestation Earle of Lauderdail contra the Earle of Annandaill for prioritie of place 137 Act in favour of Master William Cuninghame of Broome-hill 138 Act in favour of Master Iames Raith of Edmistoun 139 Act in favour of the Laird of Tindall 140 Act in favour of Iohn Erskyne of
Balhagradie 141 Act in favour of the Laird of Makclachin 142 Act in favour of the Kirke of Pittinwyme 143 Act in favour of the Kirke of Eymouth 144 Act in favour of the Minister of Coldinghame 145 Act in favour of the Minister of Bruntiland 146 Act of dissolution of Lugtoun and Melvill from the Parish of Saint Andros and union thereof to Dalkeith and Laswade 147 Act anent the Parsonage of Dalkeith and payment of the taxation thereof 148 Act in favour of sir Richard Murray of Cokpull 149 Act in favour of the Minister of Colbrandspeth 150 Act in favour of sir Iohn Charters of Aimisfield 151 Act in favour of sir Patrick Hamiltoun ef little Prestoun 152 Act in favour of the Laird of Balvaird 153 Protestation Earle Annandail 154 Act in favour of Iohn Hamiltoun of Boghall and his spouse 155 Act in favour of William Lockhart of Carstairs 156 Protestation Marques of Hamiltoun 157 Protestation Marques of Dowglas 158 Protestation Archbishop of Glasgow 159 Act in favour of Master Robert Gordoun of Strealoch 160 Act disuniting the Kirkes of Ebdie and Newburgh 161 Act anent the erection of the Parish Kirke of Strechine 162 Protestation Lord Lundors 163 Act in favour of sir George Hamiltoun 164 Act uniting certaine lands to the Kirkes of Corstorphine and Hails 165 Act in favour of Iames Hay of Smithfield 166 Act in favour of sir Iames Balfour 167 Act in favour of Alexander Cuningham of Barnes 168 Protestation Archbishop of Saint Andrews 169 Act in favour of the Master of Elphingstoun 170 Act in favour of Master Alexander Keith of Benholme 171 Act dissolving foure prebendaries from the parish Kirke of Corstorphine to the Colledge Kirke thereof 172 Act in favour of sir Iohn Achmootie of Gosfuird 173 Act in favour of sir George Ogilvie of Bamffe 174 Protestation Doctor Philip contrary the act of erection of the Kirk of Kingsbarnes in favour of the Lord Lindesay 175 Protestation Earle Lauderdaill contra Iames Livingstoun of Beill 176 Act in favour of sir Thomas Hope of Craig-hall Knight Baronet A TABLE OF THE PRINTED ACTES AND Lawes past in this first PARLIAMENT of our Soveraigne Lord King CHARLES c. and in what leafe and page the same is to be found 1 ANent the taxation granted to his Majestie of thirtie shillings termly upon the pound land and the sixteenth pennie of all annuall-rents pag. 3. 2 Anent the collecting and inbringing of the taxation and reliefe to prelates 9. 3 Anent his Majesties royall Prerogative and Apparell of Kirkemen 18. 4 Ratification of the Acts touching Religion ibid. 5 Ratification of the act of Councell anent the plantation of schools 19. 6 Anent the inverting of pious donations ibid. 7 Anent invading of Ministers 20. 8 Ratification of the act of Commission anent the Ministers provisions 21. 9 The Kings generall Revocation 22. 10 Anent annexation of his Majesties propertie 28. 11 Act of Dissolution 30. 12 Ratification of the act of Interruption 31. 13 Anent Regalities of erections 36. 14 Anent superiorities of Kirkelands 38. 15 Anent his Majesties annuitie of teinds 39. 16 Anent Vassals holding Ward 41. 17 Anent the rate and price of teinds 42. 18 Anent the Exchequer 44. 19 Commission for valuation of teinds not valued rectifying the valuation of the same already made and other particulars therein contained 45. 20 Anent the King his designation of the names to be insert in the Commissions anent the tithes and lawes 52. 21 Anent the annuall of eight to bee taken of ilk hundred in time to come alannerly suspending the same for three yeares and in the interim two of ten to bee payed for the said space to his Majestie ibid. 22 Anent the Lords of session their taxation of ten shillings to be imposed upon everie pound land of old extent 53. 23 Ratification of the liberties of the Colledge of Iustice pag. 56. 24 Ratification of the priviledges of the free royall burrows 57. 25 Ratification of the acts made in favour of the Iustices of peace and their Constables and Commission to the Lords of secret Councell thereanent 58. 26 Explanation of the Acts of Parliament made in favour of the Lords of session anent twelve pennies of the pound to be payed in decreets given by the said Lords hereafter 59. 27 Act pardon penall statutes ibid. 28 Ratification in favour of the Vicount of Sterling of the infeftments and signature granted to him of the Dominions of new Scotland Canada in America priviledges therein contained and of the dignitie and order of knight baronets and act of convention of Estates made thereanent 60. 29 Act in favour of the Earle of Mortoun and the Lord Dalkeith his son anent the Loch of Levin preservation of the fishings thereof 61. 30 Act anent the Clan-Gregour 62. 31 Act in favour of his Majestie and Lieges intitulate Iure salvo cujuslibet 56. FINIS
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
of a law statute and act of Parliament in favour of his Majestie and his successors in all time coming Followeth the tenor of the Act of Councell and Session AT EDINBVRGH The penult day of March the yeare of God 1630 yeers The which day in presence of the Lords of Councell and Session compeered personally sir Thomas Hope of Craige-hall Knight Baronet his Majesties Advocate and presented a letter directed from his sacred Majestie whereof the tenor followeth REX Right trustie and right welbeloved Cousin Counceller and trusty welbelowed We greet you well Whereas by Act of Parliament made in the moneth June 1617 yeers all heritable rights cled with fourtie years possession are declared to be irreduceable in all time coming except the same be quarrelled within the space of fortie years And by the same Act their is libertie granted to all persons who might be prejudged by the said prescription of fourtie yeers already run and expired before the date of the said Act. To intend their actions within the space of thirteen yeers after theate of the said act And whereas we shortly after the decease of our dearest Father or eternall memorie made our generall revocation in the moneth of October 1625 years Which revocation we by two speciall letters of declaration one of the date at White-hall the twentie sixth day of Januarie 1626 years And registrate in the bookes of secret Councell the ninth of February 1626 yeares And an other of the date at Wainsteed the eleventh of July 1626 yeers And registrate in the bookes of secret Councell upon the twentie one of July 1626 years Have restricted to the annulling of rights of the propertie of the Crowne as well annaxed as unannexed whereof accompt hath been made in Exchequer and of the principalitie unlawfully disponed by our Predecessors against the lawes and Acts then standing and to the annuling of erections and other dispositions of whatsoever lands teinds partronages and benefices formerly belonging to the Kirk and since annext to the Crowne And of any other lands and benefices mortified and devoted to pious uses And of Regalities and heritable offices and of the change from the ancient holdings of ward and reliefe to blensh or taxt ward since the yeer of God 1540 yeeres And because We were unwilling to enter in processe with our Subjects anent the premisses but rather desired to take a faire course with all such as would voluntarily treat with Us or our Commissioners there-anent THEREFORE We were pleased by our Commission of the date at White-hall the seventeenth day of January 1627 yeeres to appoint certaine of our Nobilitie Clergie Gentrie Barons and Burrowes to be commissioners to treat and deal betwixt Us and our Subjects anent the premisses And albeit the said Commission hath made a good progresse in the said matter of erection and teinds and that a great number of our subjects having interest therein have subscribed to us generall submissions whereupon We have given forth our severall determinations for the good of our Subjects and establishing of the perpetuall quietnesse and peace of that our ancient Kingdome Yet it is certaine that many of these who have interest in erections and teinds lye forth and have not subscribed the said generall submissions Like as also the remanant points of our said Commission anent the patronage of Kirks rights and infeftments of our Propertie and Principalitie Regalities Heritable offices and Changed tenours of holding in blensh or taxt Wards are not as yet begun to be handled and treated and cannot be possibly finished and closed before the expiring of the time and yeers of interruption allowed by the said Act. And because We will not suffer our selfe or our Successors to be prejudged by delay of the execution of the said commission of the lawfull actions competent to us and them for reducing of such rights of the premisses to the which We have undoubted interest And seeing a multitude cannot be commodiously summoned and warned personally or at their dwelling places in so short time as is to run of the said time of prescription Therefore and for preservation of our rights and actions competent to us and our Successors anent the premisses Necessary it is that some solemne Act be done by us to testifie our will and resolution to prosecute our said actions in the owne time if the same be not taken away and removed by the said commission which we thinke cannot be more properly and conveniently done nor by inserting of this our declaration in your Bookes of Session and directing of Letters of publication thereupon certifying all our Lieges who have interest in the premisses by open proclamation at the market crosse of our Burgh of Edinburgh other places needfull of this our pleasure will and declaration And that the same be declared by you to have the strength force vertue and power of a legall and perfect interruption And therefore We require you immediately after the sight hereof to cause insert these presents in your Bookes of Session and to declare the same to have the force of a legall and lawfull interruption and to direct Letters of publication thereupon in forme as effeires Which not doubting you will doe We bid you farewell From our Court at White-hall the twenty ninth day of November 1629 years with the which letter tenor contents desire thereof after that the same with the act of parliament wheruno it is relative was read in their whole presence The said Lords being well ripely advised having considered the justice and equitie of his Majesties will pleasure therein contained they have ordained ordaine the said letter declaration therein contained to be insert and registrate in their bookes of Sederunt and ordaine Letters of publication to be direct and passe thereupon certifying all his Majesties Lieges who have interest by open proclamation at the market crosse of Edinburgh and other market crosses of the Kingdome where the lands Baronies and others under written lye or where the persons and subjects dwell and remaine against whom the said declaration is to have the effect of a legall interruption in manner following And by open proclamation at the said market crosse of Edinburgh Pier and shore of Leith for all such of his Majesties Lieges who are forth of this Realme Of his Majesties pleasure will and declaration and of the said Lords their decrete and authoritie interponed thereto Like as the said Lords declare That the said declaration registrate as said is and to be published in manner foresaid shall have the strength force and power of a legall and perfect interruption against all persons having interest and that in so farre alennerly as may be extended to the particulars followings To wit To his Majesties annexed propertie and his Majesties propertie unannexed whereof the fermes duties or few-fermes have been compted in his Majesties Exchequer since the moneth of August 1455 yeares unlawfully disponed by his Majesties predecessors against
the acts of Parliament and lawes of the Kingdome and to the principalitie unlawfully disponed by his Majesties predecessors against the acts of Parliament and lawes of this Kingdome and to the reduction of whatsoever erections of whatsoever benefices spirituality or temporality thereof against the lawes acts of Parliament to the reduction of whatsoever patronages of kirkes pertaining to his Majestie and his predecessors unlawfully disponed by them against the acts of Parliament and against unlawfull dispositions of whatsoever lands teinds or rents doted to Hospitalities or mason-dieus and unlawfullie disponed against the acts of Parliament and against Regalities and heritable offices unlawfullie disponed contrarie the acts of Parliament and against all changed tenors of holding from ward to blensh or taxt ward granted by the Kings and Princes in their minorities and not granted or ratified by any king or prince being major with this declaration like as the said Lords declare that the same shall not prejudge any person whatsoever of their lawfull defence competent to them against any action to be intended hereafter at his Majesties instance and his successors except in so far as concerne the said act of prescription whereupon the said Lords declare that no exception shall be founded in prejudice of his Majestie and his successors concerning the premisses Followeth the tenor of the Act of Secret Councell Apud Holy-rude-house vicesimo sexto die mensis Maii anno Domini millesimo sexcentesimo tricesimo THE which day in presence of the Lords of Secret Councell compeared personally Sir Thomas Hope of Craige-hall Knight Baronet his Majesties Advocate and gave in the act of Session underwritten made in favour of his Majestie anent the Interruption of the act of prescription and desired the same to be insert and registrate in the bookes of privie Councell and the Lords authoritie to be interponed thereto which act of Session being read heard and considered by the said Lords and they being there-with and with the desire of the said Advocate well advised the Lords of Secret Councell thinke the course and order taken by the said Lords of Session for interrupting of the said act of prescription to be just and reasonable And therefore they ordaine the said act of Session to be insert and registrate in the bookes of privie Councell whereof the tenor followeth At Edinburgh the penult day of March the yeare of God 1630 years The which day in presence of the Lords of Councell compeared personally Sir Thomas Hope of Craige-hall Knight Baronet his Majesties Advocate and presented a Letter direct from his sacred Majestie whereof the tenor followeth CHARLES REX Right trustie and right well-beloved Cousin and Counceller and right trustie and well-beloved We greet you well Whereas by act of Parliament made in the moneth of June 1617 yeares All heritable rights cled with fourtie yeares possession are declared to be irreduceable in all time coming except the same be quarrelled within the space of fourtie yeares and by the same act there is libertie granted to all persons who might be prejudged by the said prescription of fourtie yeares already run and expired before the date of the said act To intend their actions within the space of thirteene yeares after the date of the said act And whereas We shortly after the decease of our dearest Father of eternall memorie made our generall revocation in the moneth of October 1625. Which revocation we by two speciall Letters of declaration one of the date at White-hall the twenty sixth day of January 1626 yeares And registrate in the bookes of our secret Councell the ninth day of February 1626 yeares And another of the date at Wainsteed the eleventh day of July 1626 yeares and registrate in the bookes of our secret Councell upon the twentie one day of July 1626 yeares Have restricted to the annulling of rights of the propertie of our Crowne as well annexed as unannexed whereof accompt hath beene made in our Exchequer and of the Principality unlawfully disponed by our predecessors against the lawes and acts then standing and to the annulling of erections other dispositions of whatsoever lands teinds patronages and benefices formerly belonging to the kirke and since annexed to the crowne And of any other lands and patronages which any wayes should justly belong to the kirke or crown and of whatsoever lands and benefices mortified and devoted to pious uses and of Regalities heritable offices and of the change of holdings from the ancient holding of ward and reliefe to blensh and taxt ward since the yeare of God 1540 yeares And because we were unwilling to enter in processe with our Subjects anent the premisses but rather desired to take a faire course with all such as would voluntarily treat with Us or our commssioners there-anent THEREFORE We were pleased by our commission of the date at White-hall the seventeenth day of Januarie 1627 yeares To appoint certain of our Nobilitie Clergie Gentrie Barons and Burrowes to be commssioners to treat and deal betwixt Us and our Subjects in the premisses And albeit the said commission hath made a good progresse in the said matter of erections and teinds and that a great number of our subjects having interest therein have subscribed unto us generall submissions whereupon We have given forth our severall determinations for the good of our subjects and establishing the perpetuall quietnesse and peace of that our ancient Kingdome Yet it is certaine that many of these who have interest in erections and teinds lye forth and have not subscribed the said generall submissions Like as also the remanent points of our said commission anent the patronage of kirks rights infeftments of our Propertie and Principalitie Regalities Heritable office and Changed tenour of holdings in blensh or taxt Wards are not as yet begun to be handled and treated and cannot possibly be finished and closed before the expiring of the time and yeares of the interruption allowed by the said act And because we will not suffer our self nor our successors to be prejudged by delay of the execution of the said commission of the lawfull actions competent to Us them for reducing such rights of the premisses unto the which we have undoubted interest And seeing a multitude cannot be commodiously summoned and warned personally and at their dwelling places in so short time as is to run of the said time of prescription Therefore and for preservation of our rights and actions competent of Us and our successors anent the premisses necessarie it is that some solemne Act be done by Us to testifie our will and resolution to prosecute our said actions in the owne time if the same be not taken away and removed by the said commission which we thinke cannot be more properly and conveniently done nor by inserting of that our declaration in your bookes of Session and directing of Letters of publication thereupon certifying all our Lieges who have interest in the premisses by open proclamation at the
and his deputes and the Provests and Bayliffes of the Burrowes there The Earles of Errole Montros Athol Perth Tullibairdin Sea-fort Vicount of Stormonth Lord Ogilvie The Lairds of Glenurquhy Lawers Garntullie Weymes Glenlyon Glenfalloch Edinampill Grant or any of them his Majesties Justices in that part for setting trying and doing Justice upon the said rebels of Clan-Gregour or any of them and their complices who shall be apprehended by any of his Highnesse good subjects for theft sorning or slaughter with power to them to hold Courts proceed and minister Justice upon the said rebels apprehended as said is as accords And where ever his Majesties good subjects shall happen to apprehend any of the said rebels sorning commiting theft or slaughter and shall present them to the said Lords of Councell Justice or Justice generall or Commissioners above-specified or either of them the doer of that service shall have for his reward the moveable goods and geare of the offender taken and presented by him in manner foresaid ACT XXXI IN FAVOUR OF HIS MAJESTIE AND Lieges Intitulate Salvo jure cujuslibet OUR SOVERAIGNE LORD and Estates of Parliament declare that no particular Acts made in favour of any of his Majesties subjects at this present Parliament nor no acts of ratification made in their favour shall prejudge his Majestie nor his successours of the acts and statutes under written made in favour of his Majestie in this same Parliament viz. The act of his Majesties revocation The act anent the superiorities of erections The act anent regalities of erections and the acts made or ratified anent his Majesties annexed properties And his Majestie and Estates finde and declare the said particular acts and acts of ratification made in favour of any of his Majesties subjects in so far as the same or any of them may prejudge his Majestie or his successours of the said acts statutes made in his Majesties favour or of the benefit thereof in whole or in part to bee null and of none avail force nor effect by way of exception or reply And siclike statute and ordaine that the said particular acts and acts of ratification shall not prejudge any third party of their lawfull rights nor of their actions and defences competent thereupon before the making of the said particular acts and acts of ratification But that the Lords of Session and all other Judges shall bee obliged to judge betwixt the parties according to their rights standing in their person before the making of the said particular acts And that in respect the said particular acts and acts of ratification are made without hearing of parties having interest and therefore are made Salvo jure cujuslibet Like as his Majestie and Estates declare That this is was the true meaning of all the acts made in the preceding parliaments Intitulate Acts salvo jure cujuslibet Excepting alwayes forth of this present act a ratification of the mortification of the Abbacie of Dundrenan to the Chappell-royall in favour of the Bishop of Dunblane The act of ratification of the benefice of Failfuird with the pertinents granted to Master Walter Quytfuird with the act of dissolution of the Abbacies of Holy-rude-house and New-Abby all past in this present Parliament excepting also forth of this present act The act of ratification and dissolution made in favour of the Marquesse of Hamiltoun anent his right to the impost of the Wines new and old gifted by his Majestie to him for the space of sixteene yeares specified in his gifts and grants made to him thereupon and also excepting forth hereof the ratification of the contract past betwixt his Majestie and the Lord Lorne Anent the heritable office of Justiciarie within the bounds therein mentioned dated the third and twentie third day of April 1628 yeares And of the Charter under the great Seal precept and instrument of seizing following thereupon together with libertie of creation of Clerks members of court directing of precepts and letters of horning and power to denounce and with all other priviledges therein contained And siclike of the three severall acts of Councell and an act of Exchequer all relative to his rights of the said office of justiciarie and in favour of the said Lord Lorne Page 51 line 18. for respected read repeated Collected visied and extracted forth of the Book and Register of the Acts of Parliament by me Sir John Hay of Lands Knight Clerke of his Majesties Councell Register and Rolls Vnder my Signe and Subscription manuall JOHANNES HAY Clericus Registri FINIS A TABLE OF The Particular Acts and others exped and past in this first Parliament of our Soveraigne Lord Charles By the grace of God King of Scotland England France and Ireland Defender of the Faith Holden at Edinburgh the twentie eight day of June 1633 yeares not imprinted 1 COmmission for serveying the Lawes 2 Commission anent the admiralitie and chamberlanry 3 Commission to the Lords of secret Councell for deciding the question betwixt the Shires of Perth Forfar and Fyfe and the burgh of Dundie anent the Ladle full of corne brought to their markets Anent the petition given in by the Tanners against the Lord Erskeine Anent Master David Wedderburnes Grammer Anent freedom of foggage pasturage c. to Ministers Anent reforming the malt-mens price betwixt the boll of beir and malt Anent establishing of correction houses Anent the mutuall interchange of forbidden goods betwixt Scotland and England Anent inbringing of manufactories Anent reformation of abuses in presenting playding to faires and markets Anent discharge of Robert Buchanes patent of the pearle and all otheir monopolies Anent reformation of bleatching of linen cloath Anent discharge of impositions upon victuall brought from forraine parts 4 Commission to the Lords of secret Councell anent the scarsitie of coyne of gold and silver within this Kingdome Anent the frequent course of Dollors and base copper money Anent the penaltie of the breakers of cthe Act of Parliament anent metts and measures Anent addition to the booke of rates of the prices to be taken by the Clerke of the bills for allowance of comprisings 5 Protestation by his Majestie anent the coyne 6 Commission to the Lords of secret Councell anent the petition presented by John Lord Torphichen in Parliament 7 Commission to the Lords of secret Councell anent the Lord Spynies gift of being Generall muster-master and Collonel within this Kingdome 8 Commission to the Councell anent the exchange of Moneys betwixt Scotland and England 9 Commission to the Councell anent the criminall judicatorie 10 Commission to the Commissioners of surrenders anent the disjoyning of meikle and little Daliouns from the Kirke of Mouswald and planting of the new Kirke of Beith 11 Commission to the Lords of Exchequer anent Robert Young printer his gift Anent the petition of Ionet Keine and the heires of Andrew Hart. Anent Master Robert Craiges pension of five hundreth pound Anent the mean Vassalls of Kirke-lands their enterie Anent upholding of the cathedrall Kirke