THE LAWS and ACTS OF THE FIRST PARLIAMENT Of our most High and Dread SOVERAIGN CHARLES THE SECOND By the grace of GOD King of Scotland England France and Ireland Defender of the Faith Holden at Edinburgh the First of January 1661. By a Noble Lord John Earl of Middleton Lord Cleremont and Fettercairn His MAJESTIES Commissioner for holding of this Parliament by vertue of a COMMISSION under His MAJESTIES Great Seal of this Kingdom With the special Advice and Consent of the Estates of Parliament Extracted and Collected from the Records of Parliament by Sir ARCHIBALD PRIMEROSE of Chester Knight and Barronet Clerk to His MAJESTIES Council Registers and Rolls EDINBURGH Printed by Evan Tyler Printer to the Kings most Excellent MAjESTY Anno Dom. 1661 CVM PRIVILEGIO CHARLES the 2d BY THE GRACE OF GOD KING OF SCOTLAND ENGLAND FRANCE IRELAND Defender of the faith â—â—uch not my Anoynted GOD SAVE THE KING FEAR GOD HONOVR THE KING HONI SOIT QVI MAL Y PENSE C R HONI SOIT QVI MAL Y PENSE NEMO ME IMPVNE LACESSET The LAWS and ACTS made in the first PARLIAMENT of our most High and Dread Soveraign CHARLES the Second by the grace of GOD King of Scotland England France and Ireland Defender of the Faith Began at Edinburgh the first day of January 1661. I. ACT concerning the President and Oath of Parliament FOrasmuch as it hath pleased Almighty GOD to compassionat the troubles and confusions of this Kingdom by returning the Kings most excellent MAjESTY to the exercise of that Royal Government under which and its excellent constitution this Kingdom hath for many ages injoyed so much happiness peace and plenty And it being upon good and important considerations an inviolable practice in this Government before these troubles that the person nominate by His MAjESTY to be His Chancellor within this Kingdom did of right and as due to his place preside in all Meetings of Parliament and other publick Judicatories of the Kingdom where he was present for the time And His MAjESTY now considering the great advantages do accress to the publick good of His Subjects by the due observance of such ancient and well grounded Customs and Constitutions and the prejudices that do accompany a change thereof Therefore His MAjESTY with advice and consent of His Estates of Parliament doth Declare That the present Lord Chancellor and such as hereafter shall be nominate by His MAjESTY or His Royal Successors to succeed in that place and in case of their absence such as shall be nominate by His MAJESTY are by vertue and right of the said office and such nomination respective to preside in all meetings of His MAJESTIES Parliaments or other publick Judicatories of the kingdom where they shall happen to be present and that they are now and in all time coming to injoy this priviledge And in discharge of this trust they are at the first down-sitting of every Parliament to administer to all the Members thereof the Oath of Alleagiance whereof the tenor follows I for testification of my faithfull obedience to my most gracious and redoubted Soveraign CHARLES King of Great Brittain France and Ireland Defender of the Faith c. Affirm testifie and declare by this my solemn Oath That I acknowledge my said Soveraign only Supream Governour of this Kingdom over all Persons and in all Causes and that no Forraign Prince Power or State nor person Civil or Ecclesiastick hath any Jurisdiction Power or Superiority over the same And therefore I do utterly renounce and forsake all Forraign Jurisdictions Powers and Authorities and shall at my utmost power defend assist and maintain His MAJESTIES Jurisdiction foresaid against all deadly and never decline His MAJESTIES Power nor Jurisdiction as I shall answer to GOD. With this addition And I shall faithfully give my Advice and Vote in every thing shall be propounded in Parliament as I shall answer to GOD. Likeas His MAJESTY with advice foresaid doth hereby Rescind and Annull all Acts Statutes or Practices as to the President or Oath of Parliament which are prejudicial unto or inconsistent with this present Act and Declare the same to be void and null in all time coming II. Act and Acknowledgement of His MAjESTIES Prerogative in the choice of His Officers of State Councellors and Judges THe Estates of Parliament considering the great obligations that do ly upon them from the Law of GOD the Laws of Nations the municipal Laws of the Land and their Oaths of Alleagiance to maintain and defend the Soveraign Power and Authority of the Kings MAJESTY and the sad consequences that do accompany any incroachments upon or diminutions thereof Do therefore from their sense of humble duty Declare That it is an inherent priviledge of the Crown and an undoubted part of the Royal Prerogative of the Kings of this Kingdom to have the sole choice and appointment of the Officers of Estate and Privy Councellors and the nomination of the Lords of Session as in former times preceeding the year 1637. And that the Kings Sacred MAJESTY and His Heirs and Successors are for ever by vertue of that Royal Power which they hold from GOD Almighty over this Kingdom to injoy and have the full exercise of that Right And therefore the Kings MAJESTY with advice and consent of His Estates of Parliament doth hereby Rescind and Annull all Acts Statutes or Practices to the contrair and Declare them to have been undutifull and disloyal invasions upon the Royal Prerogative and to be void and null in all time coming III. Act asserting His Majesties Royal Prerogative in the calling and dissolving of Parliaments and making of Laws THe Estates of Parliament now conveened by His MAJESTIES special Authority considering that the Quietness Stability and Happiness of the people do depend upon the Safety of the Kings MAJESTIES Sacred Person and the maintenance of His Soveraign Authority Princely Power and Prerogative Royal. And conceiving themselves oblieged in conscience and in discharge of their duties to Almighty GOD to the Kings MAJESTY and to their Native Country to make a due acknowledgement thereof at this time Do therefore unanimously Declare That they will with their lives and fortunes maintain and defend the same And they do hereby acknowledge that the power of Calling Holding Proroguing and Dissolving of Parliaments and all Conventions and Meetings of the Estates doth solely reside in the Kings MAJESTY His Heirs and Successors And that as no Parliament can be lawfully keeped without the special warrand and presence of the Kings MAJESTY or His Commissioner so no Acts Sentences or Statutes to be past in any Parliament can be binding upon the people or have the Authority and force of Laws without the special Authority and Approbation of the Kings MAJESTY or His Commissioner interponed thereto at the making thereof And therefore the Kings MAJESTY with advice and consent of His Estates of Parliament doth hereby Rescind and Annull all Laws Acts Statutes or Practices that have
enjoy their Lands in all time thereafter free of any such burthen of Marriage Providing alwayes Likeas it is hereby Provided and Declared that if the foresaids Vassals whose holding shall be changed as said is and who shall compone for the renunciation of the Marriage contained in their Few-infeftments or their Heirs or Successors in the saids Lands which once held Ward or Few cum maritagio shall alienate and dispone the saids Lands to any other persons then and in that case the Aliener or His Heirs shall no longer have the benefit of this present Act but that notwithstanding of this present Act if they hold Lands Ward of any other Superior that their Superior shall enjoy all the benefit of his Superiority as if this present Act had never been made And such-like for the greater furtherance of His Majesties Lieges in the way of the changing of the tenours of the said Ward-holdings or renuncing of the Marriage contained in their saids Few-infeftments Our Soveraign Lord with advice and consent foresaid Ordains Signaturs to be past to the Lieges by the Exchequer on the recommendation of the saids Commissioners of the Ward-lands in their favours upon the Lieges their Resignation for new Infeftments to be granted to them bearing the new manner of Few-holding or bearing the renunciation of the said Marriage contained in their old Few-infeftments as shall be Ordained by the saids Commissoners of the Ward-lands LIX Act anent the Exchequer THe Kings Majesty considering that some doubts and debates may arise concerning the meaning of the eighteenth Act of the Parliament holden by His Majesties Royal Father of blessed memory in the year one thousand six hundred and thirty three Anent the deciding and judging in Causes concerning His Majesties Property Doth for explanation thereof with advice and consent of His Estates of Parliament Find Declare Statute and Ordain that the validity and invalidity of Infeftments of His Majesties Property or of any other Infeftments may not be discussed nor decided in Exchequer neither by way of Exception Action nor Reply but that the discussing and decision thereof is only proper to the Lords of Session Reserving alwayes to the Exchequer to judge in all other businesses concerning His Majesties Rents and Casualities as they might have done before the year one thousand six hundred and thirty three LX. Act concerning Docqueting of Signaturs THe Kings Majesty with advice and consent of His Estates of Parliament Doth Ratifie and Renew the twentieth Act of the tenth Parliament of King James the sixth of blessed memory and accordingly Statutes and Ordains That no Signaturs Writs Letters or Warrands shall be presented to be signed by His Majesty but by His ordinary Officers to whose charge the same properly belongs And that His Majesty may the better know what passeth under His Hand and upon what grounds he signs the same It is appointed That any of His Majesties Officers who shall present any Signature Writ Letter or Warrand to be signed by His Majesty shall cause Registrate the Docquet of the same in a Register and then send the just double thereof under their hands to His Majesties Secretary who is to give His Majesty timous notice of any prior Deed differing or contrary to the same that His Majesty may give His further Orders concerning the same LXI Commission for Plantation of Kirks and Valuation of Teinds OUr Soveraign Lord considering the great care His Royall Father and Grand-father of ever blessed memory had at all times of the Reformed Religion within this Kingdom and of the Maintenance and Provision of the Ministry and Churches thereof Concerning which and for the publick good of the Nation His Majesties Royall Father did emit a Declaration immediatly after His succession to the Crown and concerning diverse other particulars relating to Teinds and Superiorities of Kirk-lands in order whereunto diverse Acts and Ordinances of Parliament and of Commissions were from time to time made during the Reign of His ever Glorious Father And yet by the unhappy Troubles of the time His Royall purpose hath not got a finall accomplishment so that diverse Churches are as yet unprovided with sufficient Maintenance many Teinds unvalued and diverse other particulars are as yet unperfected And His Majesty being desirous to prosecute this good Work for the universall good of the People and namely for the incouragement of the Ministers of the Gospel His Majesty with advice and consent of the Estates of Parliament Doth Ratifie and Approve the nineteenth Act of the Parliament holden at Edinburgh by His Royall Father in Anno one thousand six hundred and thirty three Intituled Commission for Valuation of Teinds c. in the whole Heads Clauses and Contents thereof except in so far as there hath been any derogation made thereto by Acts and Commissions made and granted by His Majesty since the date of the said Act or granted by pretended Parliaments since and which are Ratified or Salved or to be Reserved by this present Parliament And His Majesty with advice and consent foresaid Doth give full Power and Commission to the Persons aftermentioned viz. John Earl of Middletoun His Majesties Commissioner William Earl of Glencairn Lord High Chancellor John Earl of Craufurd and Lindsay Lord Thesaurer John Earl of Rothes President of His Majesties Privy Council William Duke of Hammiltoun James Marquess of Montrose John Earl of Lauderdail His Majesties Secretary William Earl of Marishall John Earl of Atholl George Earl of Linlithgow James Earl of Home James Earl of Tullibardin William Earl of Roxburgh John Earl of Haddingtoun James Earl of Annandale William Earl of Dumfries John Earl of Tweddal James Earl of Calendar John Earl of Dundee David Viscount of Stormount John Lord Sinclair David Lord Cardros John Lord Belhaven _____ Lord Halkertoun William Lord Cochran William Lord Bellenden Sir John Gilmor of Craigmiller President of the Session Sir Archibald Primerose of Chester Knight and Barronet Clerk of His Majesties Council Registers and Rolls Sir John Fletcher His Majesties Advocat Sir Robert Murray Justice Clerk Sir James Lockhart of Lee Sir George MackenÈie of Tarbet Sir James Foullis of Colingtoun Sir Archibald Stirline of Carden Sir James Dalrymple of Stair Sir John Scougal of Whitekirk Senators of the Colledge of Justice Alexander Bruce of Kincairn Sir John Urquhart of Cromartie Sir Robert Fletcher of Salton Sir Alexander Gibson of Durie Sir Robert Innes of that Ilk James Crighton of St. Leonards Sir George Kinnaird of Rossie Sir Gilbert Ramsay of Balmayn John Murray of Polmais William Scot of Ardrose Sir James Dundas of Arnestoun Sir John Foullis of Ravilstoun Richard Murray of Broughton Sir Robert Hepburn of Keith Mr. Robert Preston of that ilk Sir Andrew Ramsay Sir Robert Murray Sir Archibald Sydserf Sir William Thomson and John Miln Burgesses of Edinburgh Sir Alexander Wedderburn and Alexander Wedderburn of Dundee Mr. John Paterson of Perth John Bell of Glasgow William Cuningham of Air Andrew Glen of Linlithgow Duncan Nairn of Stirline
Alexander Bruce of Culross Andrew Carstairs of St. Andrews and William Seaton of Haddingtoun Burgesses Or any thirteen of them there being alwayes present three Noblemen three Gentlemen and three Burgesses with His Majesties Commissioner the Lord Chancellor Lord Thesaurer Lord President of the Council Lord Privy Seal the Lord Secretary _____ or any one of them with power to them or Quorum foresaid to meet and conveen at Edinburgh or such other place or places at such times and diets as they shall appoint to value and cause value whatsoever Teinds great or small Personage or Vicarage of whatsoever Lands and others within this Kingdom liable to the payment of Teinds of whatsoever nature or quality the same be of which are yet unvalued Providing the Ministers serving the Cure who do lead Teinds be secured of good and thankfull payment of so much victuall or money answerable to the worth of the saids Teinds as the Teinds shall be valued to And also with power to them to receive reports from Sub-commissioners and to appoint Sub-commissioners conform to the former Acts and Commissions to appoint constant and locall Stipends and grant Augmentations to dis-joyn too large and spacious Kirks build and erect new Kirks dis-member annex and unite Kirks and to take order that every Heritor and Life-renter shall have the leading and buying of their own Teinds if they be willing according to the Rates prescribed by former Commissions namely by the foresaid Commission granted by His Majesty with consent of the Estates of Parliament in Anno one thousand six hundred thirty and three And with power to the saids Commissioners or Quorum foresaid to give recompence to Parties for the augmentation of Stipends to be imposed by this Commission in the same way as was done by former Commissions namely by the Commission in Anno one thousand six hundred and seventeen With power to them to determine all Questions concerning the Prices of Teinds betwixt Titulars and others having right to the Teinds and the Heritors And to appoint such securities in favours of the Titulars and others having right by the Heritors payers of the valued Duties or buyers of the saids Teinds and in favours of the Ministers as to their maintenance as the saids Commissioners shall think fitting according to the Rules set down in the saids former Acts namely in the said Act in Anno one thousand six hundred thirty and three And suchlike with power to them to appoint and provide for such other pious uses in each Paroch as the estate thereof may bear Declaring that where the Vicarage of any Paroch is a severall Benefice and Title from the Personage the same shall be severally valued to the effect the Titulars or Ministers serving the Cure having right to the said Vicarage be not frustrate of the true worth thereof It is alwayes Declared That Ministers serving the Cure who now lead their Teinds And that Colleges Schools and Hospitals be not constrain'd to sell set nor dispon their Teinds in prejudice of their Successors notwithstanding of the valuation thereof And that Titulars and others having right to Teinds shall not be forced to dispon any Teinds valued or to be valued which they shall be content and willing to assign and dispon to the Ministers serving the Cure of the Paroch as a part of his Provision And His Majesty with consent foresaid Declares That where Valuations are lawfully led against all parties having interest and allowed by former Commissions according to the order observed by them that the same shall not be drawn in question nor rectified upon the pretence of enorm lesion at the instance of the Minister not being Titular or at the instance of His Majesties Advocat for and in respect of His Majesties Annuity Except it be proved that collusion was used betwixt the Titulars and Heritor or betwixt the Procutor-fiscall and Heritors and Titular which collusion is Declared to be where the Valuations are led with the diminution of a third of the just Rent and which diminution shall be proved by the Parties Oaths And albeit that all the Acts of the pretended Parliaments in the years one thousand six hundred and fourty and one thousand six hundred fourty and one and since are Declared by an Act of this present Parliament null and of none avail in all time coming Yet it is hereby Declared That all and whatsoever Valuations Acts Sentences and Decreets done concluded and decerned by vertue of any Commissions granted by the saids pretended Parliaments with all execution used or to be used thereupon are and shall stand valid in all time coming notwithstanding of the foresaid Act Rescissory And this for the good and ease of the People and for incouragement of the Ministers of the Gospel whereunto His Majesty hath alwayes a tender respect And although by a speciall Act of this present Parliament the pretended Parliament holden in Anno one thousand six hundred and fourty nine and in the beginning of the year one thousand six hundred and fifty is from the beginning Declared void and null and all that hath followed thereon Yet neverthelesse His Majesty Doth with advice foresaid Authorize all Valuations Acts Decreets and Sentences led deduced and pronounced by the Commissions one or moe appointed by the said pretended Parliament for Plantation of Kirks and Valuation of Teinds and all execution competent thereupon Excepting such Decreets and Sentences given in favours of Ministers for their Stipends or for dividing uniting annexing or building of Kirks which shall be found to have been unjustly or exorbitantly decerned The Determination whereof is hereby referred by His Majesty with consent foresaid to the saids Commissioners that they after hearing of parties and consideration of particulars may take such course for altering annulling or allowing of the saids Acts Decreets and Sentences as they shall think fitting conform to the Laws Practique and Custom observed preceeding the year one thousand six hundred and fourty nine and Ordains Processe upon Supplications to be summarly granted parties alwayes being cited and that without any reduction And it shall be lawfull to the saids Commissioners or Quorum foresaid to proceed in all Summons and Actions to be intended for that effect within the space of two years after the first down-siting of the Commission As also with Power to the saids Commissioners upon the dependance of the saids Complaints and Processes to discharge execution upon the foresaids Decreets in whole or in part as they shall find just ay and while the matter be determined by them As also in respect that by diverse Decreets pronounced by the saids Commissioners appointed by the said Commission in Anno one thousand six hundred and fourty nine the burden of an Augmentation was put upon diverse Tacks-men of Teinds and yet no recompence was made to them by prorogating of the saids Tacks In regard also that diverse Registers of Commissions preceeding the Year one thousand six hundred and fourty nine are lost whereby
Prorogations were granted in favours of Tacks-men and the Extracts also perished the time of the Troubles Therefore His Majesty with consent foresaid Gives power to the saids Commissioners or Quorum foresaid appointed by this Commission to grant recompence and prorogation to the saids Tacks-men in the same manner as was prescribed by the former Commissions namely by the Commission in Anno one thousand six hundred and seventeen the Titulars alwayes being cited thereto And whereas it may fall out that some of the saids Commissioners now appointed may be unable to attend the service through death sickness or some other notour and known impediment Therefore His Majesty Declareth that He shall be carefull to fill their places with other persons qualified whose Oaths for faithfull discharge of the same shall be taken by the Lord Chancellor or in his absence by the President of the said Commission for the time And Ordains this present Commission to endure ay and while the same be discharged by His Majesty and Ordains the Acts Decreets and Ordinances thereof to have the force strength and effect of a Decreet Sentence and Act of Parliament and the Lords of the Session to grant and direct Letters of Horning Poinding and others requisit in manner contained in the foresaids former Commissions And considering that it was the will and pleasure of His Majesties Royal Father that all Heritors who should be willing to buy should have their own Teinds at reasonable Rates Therefore His Majesty with advice foresaid Statutes and Ordains that all Heritors whose Teinds are not valued shall have liberty to value and buy the same at such Rates as are contained in the Act of Parliament one thousand six hundred and thirty three years With power to augment the saids Rates according to the burden of Augmentations and others sustained by the Titulars since the said Act of Parliament one thousand six hundred and thirty three years and the saids Heritors to have the liberty of buying as said is within the space of three years after the valuation With power to the saids Commissioners to determine therein according to Justice with this Declaration alwayes That in case the impediment during the space foresaid flow from the Titular by reason of his minority or other inability in that case the Heritor who offered himself ready to buy his own Teind within the space foresaid shall have place so soon as the impediment is removed to buy his Teinds notwithstanding of the expiring of the years and space above-exprest And it is Declared that if the Heritor be Minor and his Tutors neglect the buying of his Teinds within the foresaid space the Minor shall have Action for two years after his minority to compell the Titular for selling of the saids Teinds LXII ACT for ordering the payment of Debts betwixt Creditor and Debitor OUr Soveraign Lord considering how necessary and essential it is to the very being and flourishing of Kingdoms and Nations that there should be a National confidence among the people themselves and with these of other Nations with whom they have correspondence and traffick abroad and that the most effectual and proper way to beget cement and maintain the same is that Promises Pactions Obliegements and Debts be faithfully performed and satisfied without which there can be no trust and consequently no society intercourse and commerce at home and all Trade and Traffick with other Nations will certainly decay and cease to the irreparable loss ruine and discredit of the Nation Yet the troubles and difficulties of the time being so great that it is fit some breathing time and encouragement should be given to the Debitors for the better inabling them to keep their credit and to take some effectual course for paiment of their Debts Therefore His Majesty with advice and consent of the Estates of Parliament Statutes and Ordains That for all Sums and Debts contracted before the tearm of Whitsunday one thousand six hundred and fifty eight years and exceeding one thousand pounds Scots of principal personal execution shall be forborne by the space of six years to begin at Whitsunday last by-past in this instant year one thousand six hundred and sixty one Providing that the Debitors make paiment of one years Annualrent at Candlemesse next in the year one thousand six hundred and sixty two and that the residue of the by-gone Annualrents of the said Sums resting unpaid at Whitsunday next shall become and be made a principal Sum and the Debitor shall give security for the same to these who have right to the by-gone Annualrents when they take the benefit of the foresaid forbearance in manner after-mentioned or at any other time that the same shall be demanded Which Security to be granted for the said by-gone Annualrents made up in a principal Sum shall bear obliegement to pay Annualrent for the same in manner and from the tearms after-specified viz. For a third part thereof from Whitsunday next one thousand six hundred and sixty two years and for an other third part from Martimesse thereafter in the said year and for the last third part from Whitsunday in the year one thousand six hundred and sixty three during the not paiment of the said principal Sum so made up for which personal execution is to be forborne as for the other principal Sums by the space aforesaid of six years after Whitsunday last And without prejudice of the Security to be granted in manner foresaid It is also Declared and Ordained that the said by-gone Annualrents are made up and shall be holden and esteemed principall Sums And that Annualrents shall be due and payable for the same from the tearms and in manner foresaid and that execution shall follow at the instance of those who have right to the same upon and by vertue of their Bonds Contracts and Rights and of this present Act and Ordinance in the same manner as if a new Security were already granted in manner and of the tenour abovewritten And notwithstanding of the Premisses It is hereby Declared that the Lords of Session shall have power to grant and passe Suspensions for Sums not exceeding one thousand pounds upon such reasons as they shall think just And where those who have right to by-gone Annualrents are only Liferenters and have no right to the stock and principall Sum It is Ordained that it shall be lawfull to them to use execution for the whole by-gone Annualrents due to them as they might have done before the making of these Presents and that the saids Lords of Session shall have power to grant and passe Suspensions against the saids Liferenters in case they shall find just grounds and cause for granting of the same It is likewayes Provided that the benefit of the said forbearance shall only be granted and competent to such Debitors as shall pay the said years Annualrent within the time foresaid and shall betwixt and the first day of November compear before any of the Lords of Session with the Clerk and
any of the saids Superiorities of the Lands and others pertaining to whatsoever Chapters Priors Prioresses Preceptors Abbacies and whatsoever other Benefices of whatsoever Estate Degree Title Name or Designation the same were of with all Warrands Tacks Commissions Baileries or Deputations for entring of the Vassals thereto made and granted by His Majesty or His said Umquhile dearest Father in any time by-gone since the Surrender in Anno one thousand six hundred twenty seven or to be made in time coming with all other Gifts and Donanations of the saids Few-duties formerly belonging to the saids Lords of Erection and made by His Majesties said Umquhile dearest Father after the Surrender and before the Redemption thereof from the saids Lords and all heritable and irredeemable Rights granted by His Majesties said Umquhile dearest Father after the redemption whereby the Profits Casualities and Emoluments of the Superiority of the said Kirk-lands may be conferred to any other person except the proper Vassals thereof directly or indirectly of whatsoever Name Title or Designation they be of and of all gifts of new Regalities or Jurisdiction to be null by way of exception or reply Reserving alwayes to these persons who have right to the Few-duties the Right and Title thereto And reserving to John Earl of Lauderdail His Majesties Sole Secretary for the Kingdom of Scotland a Signatur superscribed by His Majesty at His Court of Whitehal the twenty fifth day of May last by past and past in His Majesties Exchequer of all and whole the Lordship Barronie and Regalitie of Musleburgh containing a new gift of Union and Erection of the same in a free Lordship Barronie and Regalitie and discharges the Treasurer Principal and Deput Commissioners of the Treasurary and remanent Lords of Exchequer Writers to and keepers of the Seals from all passing or expeding any such new Grants Rights Infeftments Tacks Warrands Commissions Baileries or Deputations for entring of Vassals except allanerly such Infeftments and Signaturs as shall be granted to the Lords and others who had formerly right to the saids Erections and Superiorities whereby they might have right to claim the Few-ferms and Few-duties addebted by the Vassals and others subject in paiment thereof allanerly ay and while they be satisfied therefore in manner specified in the fourteenth Act of His Majesties said Umquhile dearest Father His first Parliament and with the whole remanent exceptions and reservations contained in the saids Acts made in Anno one thousand six hundred and thirty three which are holden as repeated and exprest herein It is alwayes Declared that notwithstanding of this Act any who have gotten or shall get any new Infeftment of Superiority of Kirk-lands the same shall stand good as to such Vassals who have given their consents to the said right of Superiority In regard that such a consent as to His Majesty is of the nature of a Resignation of their property in favours of the saids Superior to be holden of the King But prejudice neverthelesse to His Majesty of His Highnesse right of reversion of the Few-ferm Few-duties and Casualities conform to the foresaid Act of Parliament one thousand six hundred and thirty three LIV. Act in favours of Laick Patrons of Provestries Prebendaries Chaplanries and Alterages OUr Soveraign Lord with advice and consent of His Estates of Parliament Ratifies and Approves the Act of Parliament made by King James the sixth His Majesties Grand-father of eternal memory Parliament first Chap. twelfth Anent Provestries Prebendaries Alterages Chaplanries and Collegiat Kirks pertaining to laick Patrons together with the Act of Parliament twelfth Chap. one hundred and fifty eight Ratifying the same and Ordains the saids Acts to have full force and effect in all time coming with this Declaration alwayes That in respect the Vassals which held Lands of the saids Provests Prebendars and others foresaids are put to a great uncertainty of their Superiors it not being known to them who are provided to the saids Provestries Prebendaries Chaplanries Alterages and others foresaids by reason there is no publick Register to the which they may have recourse for knowledge and notice thereof and that the most that they can know by any Register is the Infeftments and Seizings made to these who are laick Patrons holding of His Majesty Therefore for securing of the Vassals who hold Lands Milnes Fishings Tenements Annualrents or others whatsoever of the saids Provestries Prebendaries Collegiat Kirks or of Chaplanries Alterages and others of that nature at any time of before It is Statute and Ordained that the entry of the saids Vassals by Retour Precept of Clare constat Resignation Comprising or otherwayes whatsoever shall pertain to the laick Patrons and their Successors who stand infeft in the said laick Patronages holding immediately of His Majesty and that the entry of the Vassals by them shall be as valid and sufficient to the saids Vassals receivers thereof as if they were entered by the Titulars of the saids Provestries Prebendaries Alterages Chaplanries and others foresaids And that the said laick Patrons shall be in all time coming in their place as Superior to the said Vassals and to have the same power to give Infeftments to His Majesties Subjects upon Retour or by precept of Clare constat or by Resignation Comprising or any manner of way with Gifts De novo damus and that without consent of persons provided or to be provided to the saids Provestries and Prebendaries of Collegiat Kirks Alterages Chaplanries or other Titulars of Collegiat Kirks and also without consent of the Chapter or Convent of the saids Prebendaries thereof or most part of the same which of before was in use and custom Whereanent and anent all Acts in the contrair His Majesty with consent foresaid dispenses for ever Reserving alwayes to the Titulars of the saids Provestries Prebendaries Alterages Chaplanries and others foresaids the Fruits Rents and Emoluments of the saids Provestries Prebendaries and others foresaids which are no wayes prejudged by this present Act. It is hereby further Statute and Ordained with advice and consent foresaid where there are any Prebendaries Chaplanries Alterages or other foundations of that nature above-mentioned founded and situated within any Burgh Royal of this Kingdom that the Provest Baylies and Council of that Burgh where the same are founded are and shall be in all time coming only undoubted Superiors by whom and by no others the Vassals and Tennents shall enter in manner above-specified the saids Provest Baylies and Council having been formerly Patrons of these Chaplanries LV. Act anent Cocquets and Entries of Ships OUr Soveraign Lord understanding there are diverse abuses committed by the Customers and receivers of Entries of Ships and by the keepers of the Cocquet in sometime exacting from Masters of Ships greater sums of money then is due to them and sometimes absenting themselves to the great prejudice of the Merchants estate and to the hazard of the losse of their voyage Therefore our Soveraign Lord with advice and consent of the