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
appointed to the Vassals for conveening with the Prelats Lords of erections and other beneficed persons for appointing and setting downe of their due and right proportions of the said taxations which they ordaine to be upon the seventeenth day of September next to come which is declared to be the precise day of meeting to the effect foresaid And that no farther citation nor summoning shall be requisite to that effect than the publication and proclamation of this present Act at the market Crosses of the head Burrowes of this Realme and holdeth the whole remnant clauses and provisions of the Act of reliefe of his Majesties taxations as here repeated And ordaines letters to be direct hereupon ACT XXIII RATIFICATION OF THE LIBERTIES Of the Colledge of Justice OUR SOVERAIGNE LORD With advice and consent of the Estates of Parliament ratifies approves and confirmes all Acts of Parliament gifts grants donations whatsoever of all priviledges freedomes and immunities made given granted or conceived in favour of the Senatours of the Colledge of Justice by any of his Majesties Royall Predecessors or in any Parlialiament holden by them dispensing alwayes with the generalitie hereof And holding this generall ratification as sufficient as if the whole priviledges freedomes and immunities Acts and grants thereof were specially and at length insert hereintill ACT XXIIII RATIFICATION OF THE PRIVILEDGES Of the free Royall Burrowes OUR SOVERAIGNE LORD And Estates of this present Parliament Have ratified and approved and by the tenour hereof ratifie and approve of new all acts and constitutions of Parliament made by his Majesties Predecessours in favour of the free burrowes of this Realme and Burgesses and inhabitants within the same with all priviledges freedomes liberties and immunities granted and given to the whole burrows in generall in any time by past by any of our Soveraigne Lord his Majesties noble Progenitors with all that hath followed or may follow thereupon And decernes and declares the same to have full strength force and effect in all times hereafter so that the same may be put to full and due execution in all points And specially without prejudice of the generalitie above-written His Majestie and Estates ratifie the Act of Parliament made by his Highnesse Grandfather umwhile King Iames the third 1466. His second Parliament Cap. 11 Ordaining that none saile nor passe in Merchandise out of the realme but Freemen Burgesses dwelling within Burgh or their familiar factors servants being with them in houshold at meat and drink excepting and reserving to the Prelates Lords Barons and Clerks as in the said act is contained and all other exceptions contained in any act of Parliament in force preceding the day and date hereof And siclike the Act of Parliament made by King Iames the fourth of worthie memorie in the Parliament holden at Edinburgh the eleventh day of March 1503 yeares Cap. 84. Ordaining that no person dwelling out of Burrowes use any merchandise nor yet buy nor sell wine wax silkes spicerie wad nor siclike stuffe nor yet staple goods And that none pack nor pill in Leith nor other places without the Kings burrowes under the paine of escheat of the goods that bee topped sould packed or pilled contrary to that statute And siclike the 152 Act of umwhile King Iames the sixth His 12. Parliament Ordaining that no person exercise the traffique of Merchandise but Burgesses of free burrows under paine of escheat of their whole goods and geare the one halfe to his Majestie and the other halfe to the burgh apprehender And giving power to every burgh by themselves or a collector or commissioner depute by them to search the said unfree mens goods intromet therewith as escheat eyther within the Country or any other part to arrest call follow and pursue before unsuspect Bailiffs to bee creat by them As also the Sixth Act of King JAMES the Sixth His ninth Parliament Ordaining letters of horning to be direct against unfree men not being burgesses of the free royall Burrowes to finde caution for desisting from usurping of their liberties in all the heads clauses articles and circumstances thereof Like as his Majestie and Estates declare that the said liberties and priviledges mentioned in the said Acts are onely proper and competent to the free Burrowes Royall that have vote in Parliament and beare burden with the rest of the burrowes and to no others Prohibiting and discharging all persons who are not burgesses of the said free Royall Burrowes and beare not burden with the rest Of all using and exercising of the liberties and priviledges foresaid in all time comming And ordaine that letters of horning may bee direct by the Lords of Councell at the instance of all burrowes upon the foresaid Priviledges and former Acts of Parliament made thereupon And this present Act in all times to come for putting of the same to due execution with all rigour against them that do or come in the contrary of the Acts and Priviledges foresaid without calling of any partie ACT XXV RATIFICATION OF THE ACTS MADE In favour of the Justices of peace and their Constables and Commission to the Lords of Secret Councell thereanent OUR SOVERAIGNE LORD And Estates of Parliament ratifie approve and confirme the eighth Act of the twentie two Parliament holden by King Iames the Sixth of eternall memorie Intitulate Anent the Justices for keeping of the Kings peace and their Constables In the whole heads articles and clauses therein contained admitting the generalitie hereof to be als valid and sufficient as if the same were all herein per expressum ingrost Attour his Majestie and Estates foresaid give full power authoritie and commission to the Lords of his Majesties privie Councell to set downe and impose penalties upon such of the Justices of peace as shall not keep and observe the diets prefixed for their severall and particular meetings And with power likewise to the said Lords of privie Councell to enlarge and amplifie the power and authoritie of the said Justices of peace if they shall finde it necessarie and expedient and what they shall decrete and determine thereanent finde and declare that the same shall have the force strength and power of an act of Parliament ACT XXVI EXPLANATION OF THE ACTS OF PARliament made in favour of the Lords of session anent twelve pennies of the pound to be payed in decretes to be given by the said Lords hereafter OUR SOVERAIGNE LORD And Estates of Parliament for explanation of the former acts of Parliament made in favour of the Lords of session anent twelve pennies of the pound Statute and ordaine that whensoever the said Lords shall decerne ordain 12 pennies of the pound to be payd in any decrete or sentence to be given or pronounced by them at any time hereafter The same shall no wayes be payed by the parties purchasers and obtainers of the said decretes and sentences but by these parties alennerly against whom the said decretes and sentences shall happen to be obtained and purchased And the
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
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
a full end without the authoritie of a Parliament Like as his Majestie out of his earnest and tender affection to the publique good of this his native kingdome And for advancing the said great and glorious works intended by his Majestie as said is hath taken the paines to come hither in his Royall person where his Majestie being present in solemne Parliament with his three Estates of his said ancient Kingdome Have resolved and concluded upon the particular acts and statutes after following tending to the publique good peace ease and comfort of his said Kingdome and subjects thereof Viz. His Majestie and Estates foresaid have ratified the act of commission of surrenders teinds of the date at Holy-rude-house the twentie sixth day of June 1627 yeares whereby it is found meete and expedient that the lowest proportion for maintenance of Ministers shall be eight chalder of victuall or eight hundreth markes proportionally except such particular kirkes occurre wherein there shall be a just reasonable and expedient cause to go beneath the foresaid quantitie And hath referred the consideration of the reasons and causes thereof to the commissioners to be chosen by his Majestie with consent of the Estates in manner contained in the said act Like as also his Majestie and Estates by another act and ordinance hath statute ordained and declared that each heritor and life-renter of lands respective shall have the leading and drawing of their owne teinds the same being first truely and lawfully valued and they paying therefore the price after-specified incase they be willing to buy the same or otherwise for the yearely payment of the rate of teinds after-specified Like as his Majestie and Estates have by the said act found declared that the true and just rate of teind is and shall bee the fifth part of the constant rent which ilk land payes in stock and teind where the same are valued joyntly And where the teinds are valued apart and severally that the just rate thereof is and shall be such as the same is alreadie by vertue of the former generall commission of surrenders and teinds proved and valued to Or else shall be hereafter valued and proved before the Commissioners to be appointed by his Majestie with consent of the Estates deducing the fifth part thereof for the ease of the heritors Reserving alwaies libertie to such as shall finde themselves enormely hurt by the leading of the said valuations to pursue for rectifying of the same before the said Commissioners to be appointed by his Majestie and Estates foresaid like as his Majestie and Estates have by the said Act found and declared that the price of all teinds which may be sold and annalied consisting eyther in money victuall or other bodies of goods is and shall be ruled and estimate according to nine yeares purchase The prices of victuall and other bodies of goods whereof the teinds consist being redacted in money according to the worth and prices of victuall and goods in ilk part of the countrie To the which the same is and shall be prized and estimate by the said former Commissions of surrenders and teinds or by the Commissioners to be appointed by his Majestie with consent of the Estates And also have found and declared that ilk heritor in the Kingdome being willing to buy his owne teind from the titulars having power to sell the same shall be obliged to buy the teynd of his owne lands except so much as shall be locally assigned to the Minister serving the Cure for his maintenance And to pay the prices foresaid to the titulars betwixt and the particular times and diets exprest in the said Act. And also have found that the heritors shall bee obliged to give to the life-râ—nter of the lands the leading of their own teinds for payment of the rate of teind of the same And also have found that in all cases where teinds are not coft that the heritors or life-renters of lands who have the leading of their own teinds by themselves their tenants and others in their names shall be obliged to pay to the titulars of the said teinds the yearely rate thereof according to the order set downe and prescribed by the former Commissions or to be set downe by the Commissioners to be appointed by his Majestie with consent of the Estates deducing so much thereof as shall be assigned to the Ministers for their maintenance And because sundrie questions may arise anent the valuations of teinds and prices thereof and anent the securities to bee made by the titulars to the heritors who buy their teinds and by the heritors to the titulars of the price to be payed for the same when the teinds are coft or for payment of the rate of teind where the same is not coft And anent the provisions of the Kirkes with competent maintenance and other particulars mentioned in the said act THEREFORE His Majestie and Estates by the said act did referre the determination thereof to the Commissioners to be appointed by his Majestie and Estates With these declarations alwaies that his Majestie shall have his annuitie payed forth of the teinds according to the tenour of the said act of annuitie And that the Archbishops Bishops Parsons Vicars and other beneficed persons being Ministers and their successors should be no farther obliged in any of the premisses But according to the provisions and conditions exprest in the submission made by the Bishops to his Majestie which is of the date the day of 1628 years And registrate in the said bookes of surrenders and teinds upon the thirteenth of July 1631 yeares And that the Vicarages of ilk Kirke being a severall benefice and title should be severally valued to the effect the titulars and Ministers serving the Cure who have right to the said Vicarages should not bee frustrate of the true worth of the said Vicarages and sicklike His Majestie and Estates by another Act have found and declared that his Majestie and his Successors have and shall have undoubted right to the superiorities of whatsomever erections few-mails few-fermes and other casualities thereof Reserving to such Lords and titulars of erection who subscribed the generall surrender the fewamails and few-ferwes of their said superiorities ay and while they receive payment and satisfaction of the summe of one thousand markes usuall money of Scotland for ilk chalâ—er of few-ferme victuall and for ilk hundred markes of few-mails and for ilk hundred markes of all other constant rent of the said superiorities not consisting in victuall or money and not being naked service of vessals according to the tenour of his Majesties generall determination and conforme to the conditions therein contained as in the said three acts of this present Parliament at more length is exprest AND Forasmuch as it is necessarie for determination of the particulars foresaid and of all such other points which are fit and expedient for the finishing and full perfection of the said glorious worke anent the teinds maintenance
said teinds by the said titulars of teinds or heritors or life-renters of lands according to the tenor of the said act of annuitie And generallie with power to the said commissioners to decide and determine in all other points which may concerne the leading and drawing of teinds the selling and buying of the same or payment of the rate thereof contained in the acts of Parliament above-specified or set downe in his Majesties generall determination with this provision and declaration alwayes that the Archbishops Bishops Parsons Vicars and other beneficed persons being Ministers and their successors shall be no farther bound but according to the provisions and conditions exprest in the submission made by the Bishops to his Majestie which is of the date the day of 1628 yeares and registrate in the bookes of commission of surrenders and teinds upon the thirteenth day of July 1631 Which provisions and conditions are holden as exprest herein And also with this provision that the Vicarages of each kirke being a severall benefice and title from the Parsonage shall be severally valued to the effect the titulars or Ministers serving the cure who have right to the said Vicarages be not frustrate of the true worth of the said Vicarages And sicklike because by the act above-specified made anent superiorities of erections in favour of his Majestie there is speciall reservation made to such titulars and Lords of erection as have subscribed the generall surrender of the few-mails few-fermes and other constant rent of the said superiorities aye and while they be payed of the price thereof contained in his Majesties generall determination and according to the provisions specified therein Therefore his Majestie and Estates give full power to the said commissioners or any fifteene of them as said is to call and conveen before them the Lords of erection and others having right to the said few-mails and few-fermes other constant rent of the superiorities of kirke lands at such particular diets as they shall appoint and to urge the said Lords of erection and others foresaid to give up their rentals of their said few-mails few-fermes and other constant rent foresaid of their said superiorities conforme to his Majesties decrete and determination given out there-anent And with certification as is therein contained and to liquidat the other constant rent of the said superiorities not consisting in victuall or silver to the effect after the full tryall of the said rentall and liquidation thereof the said Lords of erection may receive the price of a thousand marks for each chalder of few-fermes and for each hundreth markes of the other constant rent being redacted in money in whole or in part proportionally from his Majesties Thesaurers principall or depute and incase of the absence and refusall of the saids titulars and Lords of erection that the same may be consigned in the hands of the Clerke to the said commissioners to remaine consigned for their behove after the which consignation it shall be lawfull to his Majesties Thesaurers principall or depute to up-lift receive and intromet with the said few-mails few-fermes and other constant rent foresaid of all yeares and termes after the said consignation according to the tenor of the said generall determination And also with power to the said commissioners as said is to discusse and determine all questions that may arise betwixt the said Lords of erection and the heritors of the ground pensioners life-renters others pretending right to the said few-mails and few-fermes and to divide the price amongst them according to the qualitie of their rights all other questions anent the few-mails few-fermes and other constant rent foresaid Which by his Majesties generall determination is referred to the determination of the commissioners to be appointed to that effect And whereas it may fall out that some of the commissioners now appointed by his Majestie and Estates may be unable to attend the service through death sicknesse or some other notour and knowne impediments Therefore his Majestie reserves to himselfe the nomination of such other persons in their places as his Majesty shall thinke fit whom his Majestie by his letters shall recommend to the said commissioners to the intent they may receive and admit them upon the said commission and take their oathes for faithfull discharge of the same And his Majestie and Estates ordaine this present commission to endure unto the last day of December in the yeare of God 1635 yeares and farther induring his Majesties pleasure and aye and while the same be expresly discharged by his Majesties warrand or letter to that effect And his Majestie with consent of the Estates foresaid findes declares and ordaines the acts decretes and ordinances of the commissioners foresaid and of the other persons who shall be surrogate in their places by his Majestie in manner foresaid in the whole particulars above-specified and every one of them to have the strength force and authoritie of a decrete sentence and act of Parliament and ordaines the Lords of Session to grant and direct letters of horning poynding and others thereupon upon a simple charge of ten dayes or otherwise as shall be found necessary Attour for clearing of all doubts difficulties which may arise anent the rectifying of valuations or other particular heads following His Majestie and Estates have declared and declare that where valuations are lawfully led against all parties having interest and allowed by the former commissioners according to the order observed by them that the same shall not be drawne in question nor rectified upon pretence of enorme lesion at the instance of the Minister not being titular or at the instance of his Majesties Advocat for and in respect of his Majesties annuitie except it be proved that collusion was used betwixt the titular and heritor or betwixt the procurator fiscall and the titulars and heritors which collusion is declared to be where the valuation is led with diminution of the third of the just rent presently payed and which diminution shall be proved by the parties oathes And sick like it is declared that the provisions contained in the foresaid submission made by the Bishops whereof mention is made in the foresaid act of tithes and which is respected in this commission shall be restricted to that wherof Archbishops Bishops Parsons Vicars or other beneficed persons being Ministers Colledges Hospitals and other dotations to pious uses were in actuall and reall possession the time of the said submission which shall remaine with them in quantity quality according to the tenor of the said provision And if any question shall arise betwixt the said Archbishops Bishops Parsons Vicars and other beneficed persons foresaid anent the leading of teinds that the same shall be referred to his sacred Majestie and to his Royall pleasure to be signified thereanent And also anent laick patronages pertaining to any his Majesties subjects before the yeare of God 1561 yeares His Majestie and Estates declare that the same fals within the compasse of