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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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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
Majesties Patrimony and rent ITEM His Majestie revokes casses annuls retreats and rescinds all Infeftments alienations dispositions with all takes assedations and any other sort of conveyances whatsoever made by his Majestie or his Majesties dearest Father or any other his Majesties Predecessors Kings of Scotland against the lawes of the kingdome to whatsoever persons of his Majesties Castles and Houses or Places and Roomes whereupon the said Castles and houses were situat although now demolished by injurie done to his Majestie and the said Crowne And sicklike all infeftments alienations and dispositions and all other sort of conveyances whatsoever of any of his Majesties medowes woods and parks with all takes assedations and other dispositions thereof made by his Majestie or his predecessors foresaid against the lawes of the kingdome The same being so found and tryed ITEM His Majestie revokes retreats and rescinds all and sundrie Infeftments alienations gifts dispositions or any other conveyances whatsoever made by his Majesties said umwhile dearest Father or any other his Majesties predecessors kings of Scotland induring their minoritie and lesse age and not thereafter confirmed in their majoritie to whatsoever person or persons in few-ferme or life-rent of all lands and annual-rents which be come in their hands as propertie by right of the crowne through bastardrie or being last heire by recognition or forfaulture or otherwise with all confirmations if any be granted in Parliament thereupon providing that presentation to tennandries fallen by occasion foresaid shall in no wayes come under this present Revocation because the same being casualities could not remaine in his Majestie or his said predecessors hands in prejudice of the Superior of the said tennandries but of necessitie it behoved them to present heritable Tenants to the said Superiours ITEM His Majestie with consent foresaid revokes casses annuls all new Infeftments confirmations and other conveyances whatsoever given by his Majesties said umwhile dearest Father or any other his Majesties Predecessors kings of Scotland to whatsoever person or persons of any lands baronies Lordships or other heritages whatsomever To be holden in blensh ferme which were holden of his Majestie or his Predecessors of before by service of ward and relief And that in so farre as the same is or may be found and verified to have been granted against the lawes and Acts of Parliament of the Kingdome without prejudice alwayes to the heritable possessers incase of reduction of their changed renors to brooke and hold their said lands heritable as they were holden before the alteration of the said holding ITEM His Majestie with consent foresaid revokes casses annuls retreats and rescinds all Regalities and gifts of Regalities and all confirmations and ratifications of the said gifts and regalities made given or granted or consented to by his Majestie or his said umwhile dearest Father or any other his Majesties Predecessors Kings of Scotland against the Acts and statutes that no Regalities should be given in heritage without advice and deliberation of the whole Parliament together with all charters infeftments confirmations gifts de novo damus and other rights whatsomever made by his Majestie or his Predecessors above-named of whatsomever heritable offices against the lawes and Acts of Parliament of the Kingdome ITEM His Majestie with consent foresaid revokes casses annuls retreats and rescinds all new creation of lands baronies and annexations and unions of divers lands in free which are made by his Majesty or his said umwhile dearest Father or any other of his Majesties predecessors Kings of Scotland in prejudice of their due service owing of before Together with all discharges given of the said service and sutes of court due of old and that in so farre as the same is or may be found to be unlawfully made or against the lawes of the Kingdome ITEM His Majestie with consent foresaid revokes casses annuls retreats rescinds all new Infeftments made and given by his Majestie or his said umwhile dearest Father or any other his Majesties Predecessors Kings of Scotland of Creation of Baronies and Lordships annext to the Crowne foresaid in favour of whatsomever person in so farre as the same is or many be verified to have been made and granted unlawfullie and against the Lawes of the Kingdome ITEM His Majestie with consent foresaid revokes casses annuls retreats and rescinds all Infeftments gifts and disposions whatsomever set given and granted by his Majestie or his said umwhile dearest Father or any other his Majesties Predecessors Kings of Scotland to whatsomever person or persons in fee few-ferme or life-rent of whatsomever Hospitals Masondieus lands or rents appertaining thereto in hurt or prejudice of consciences and against the lawes and acts of Parliament of the kingdome to the end that the said Hospitalls may be reduced to the first institution for upholding of the poor so farre as may be done by the lawes of the Kingdome Providing alwayes that the rents of the Trinitie Colledge beside the Burgh of Edinburgh and other rents assigned to the Hospitall and colledge erected by the Provest Baysiffes and Councell of the Burgh of Edinburgh be no wayes comprehended under this present Revocation ITEM His Majestie with consent foresaid revokes casses annuls retreats and rescinds all and whatsoever gifts pensions gifts of sees wages liveries and dispositions out of his Majesties casualities and coffers given by his Majestie or by any of his Majesties noble Progenitors except such as shall be of new granted by his Majestie again together with all Presentations to offices and places which by the laws of the Realme fall under his Majesties Revocation excepting alwayes the presentations fees and pensions given to the ordinary officers of the Crown after specified their Deputes and Clerks and to the other persons after mentioned which are declared no wayes to fall within this present Revocation They are to say The fees and pensions given and assigned to the Thesaurer Comptroller and Collector principall and to his Majesties depute Thesaurer and to their Deputes and Clerks to the Secretary principall and his Deputes To the Clerk of Registery to his Majesties Advocate and the Justice Iustice Clerke and their Deputes and to the Master of Requests and to the proctor for the poore director of the Chancellarie and dictator of the Rolls And also declares the pensions and others underwritten no wayes to fall under his Majesties Revocation viz. The pension of the Duke of Lennox his umwhile Father or Uncle The pension to the Earle of Morton with the tak and assedation of Orknay and Zetland The pension to sir Robert Ker of Ancrum the pension to M. Iohn Sandelands the pension to Sir Iames Lockhart the pension to sir Iames Levingston the pension to sir William Balfour the pension to Halbart Maxwell the pension to sir Iames Carmichaell the pension to sir Iames Ramsay and the pension to sir Iohn Murray of Revilrige which his Majestie and Estates declare shall stand in effect notwithstanding of this present Revocation ITEM His Majestie
with consent foresaid revokes casses annuls retreats rescinds all gifts pensions and free discharges of the thirds of benefices granted by his Majestie or his said umwhile dearest Father or any other his Majesties Predecessors Kings of Scotland to whatsomever person or persons against the lawes and Acts of Parliament of the Kingdome with all taks of thirds of benefices whereby the rentalled dutie is diminished or where the whole benefice is set and disponed in diminution of the third thereof in so farre as the same is contratrie to the lawes of the Kingdome as said is ITEM His Majestie with consent foresaid revokes casses annuls retreates and rescinds all and whatsoever Infeftments made by his Majestie or his said umwhile dearest Father or any other his Majesties predecessors of any Church-lands Fryer-lands Monk-lands or common-lands which any wayes fell and became in their hands as propertie and that in so far as the same is or may be verified to be made contrarie and against the lawes and acts of Parliaments of the Kingdom reserving alwayes the infeftment made for erection sustentation of Hospitals and Ministers within Burrows where there is no assignation nor stipend allowed forth of the thirds of benefices for sustentation of the ministers thereof And declares that all such infeftments of Church-lands as is before exprimed falls under this revocation if the person or persons their successors to whom the same have been disponed have not answered performed the cause and ends expressed in the said Infeftments and for the which the said Infeftments was granted by his Majestie and his Predecessors as said is ITEM His Majestie with consent foresaid revokes casses annulls rereats and rescinds all takes asledations whatsoever of any common Churches within the Realme of Scotland made by his Majestie or his said umwhile darrest Father or any other his Majesties predecessors Kings of Scotland in so far as the same is or may be found and verified to be made against the Lawes and Acts of Parliament of the Kingdome Providing alwaies that there shall be sufficient Ministers appointed to serve the said Churches who shall make residence and shall be sufficiently sustained of the readiest fruits of the said common Kirkes according to the generall order taken thereanent ITEM His Majestie with consent foresaid revokes casses annuls retreats and rescinds all gifts of Monkes portions first fruits or fift penny of any benefices whereunto his Majestie hath right by the Acts of Parliament made before to that end And that in so farre as the said gifts are or may be found to be granted against the Lawes of the Kingdome ITEM His Majestie with consent foresaid revokes casses annulls retreats and rescinds all gifts and infeftments made done and consented unto to whatsoever person or persons by his Majestie or his Majesties said umwhile darrest father or any other his Majesties predecessors Kings of Scotland of whatsoever advocation donation and right of patronage given or annexed to any Lordships Lands or Baronie where the said Patronage advocation and donation of benefice pertained not before of right but which taketh the beginning and ground from any gift and infeftment thereof made with this clause de novo damus where the purchaser of the said infeftment had no right to the said Patronage advocation and donation of before And that in so farre as the same is or may be found to be granted against the Lawes and acts of Parliament of the Kingdome ITEM His Majestie with consent foresaid revokes casses annuls retreats and rescinds all gifts dispositions of superplus omitted of the fruits of benefice given by his Majestie his said umwhile darrest Father or any other his Majesties Predecessors Kings and Queens of Scotland in so far as the same is or may bee found and verified to bee granted against the Lawes and Acts of Parliament of the Kingdome ITEM His Majestie with consent of the Estates revokes casses annuls retreats and rescinds all grants and infeftments of erections of whatsoever abbacie or other prelacie in whole or in part temporalitie or spiritualitie thereof made and granted or consented unto by his Majestie at any time preceding the date hereof To and in favour of whatsoever person or persons and declares the same null and of none avail by way of action exception or reply And al 's his Majestie and Estates revoke all infeftments of Erections made and granted by his Majesties said umwhile darrest Father or any his Majesties Predecessors Kings or Queens of Scotland of whatsoever Abbacie Priorie Nunnerie Preceptorie or any other Erected benefice whatsoever of whatsoever nature qualitie or condition whereof the presentation should pertaine to his Majestie if the same were not erected in a temporall Baronie Lordship or Living or of any part or pendicle thereof either spiritualitie or temporalitie of the same to and in favour of whatsoever person or persons And that in so far as the same is or may be verified to be granted against the generall Lawes and Acts of Parliament of the Kingdome And to that effect revokes casses annuls retreats and rescinds all acts statutes and dissolutions of any of the said erected benefices lands or teynds of the same whereupon the said infeftments of erections are or have been founded And that in so far as the same is or may be found and verified to be contrary to the generall Lawes Acts of Parliament and Statutes of the Kingdome as said is AND generally his Majestie with consent foresaid revokes casses annuls retreats and rescinds all acts constitutions dispositions graunts conveyances ratifications and all other things whatsoever done or consented unto by his Majestie at any time preceding the date hereof or by his umwhile dearest Father or any other his Majesties Predecessors Kings and Queenes of Scotland in detriment of their soule and conscience in hurt and detriment of the Crowne and Church and contrarie to the Lawes and Acts of Parliament of the Kingdome And wills and declares that these presents shall be al 's amply extended and to bee of als great effect in generall and speciall as any revocation made by any of his Majesties royall Predecessors before the date hereof contained in the bookes of Parliament Which in all heads clauses and circumstances thereof are holden as here repeated AND also his Majestie with consent of the Estates ordaines and decernes that albeit it shall happen his Majestie for any respect or consideration to suffer any person or persons to use or possesse any priviledges or possessions lands rents offices which are fallen under the compasse hereof That it shall make no right to the users and holders thereof but it shall be lawfull to his Majestie and his successors to intromit therewith when ever it shall please them by vertue of these present acts and consuetudes of the realme made before without any obstacle impediment or contradiction ACT X. ANENT ANNEXATION OF HIS MAIESTIES Propertie OUR SOVERAIGNE LORD With advice and consent of the Estates of this present Parliament ratifies
booking and extracting of the sentences shal not be stayed for the not payment making of the twelve pennies of the pound by the purchasers and obtainers of the said decretes ACT XXVII ANENT PARDON OF PENALL STATUTES OUR SOVERAIGNE LORD Considering that the precise and rigorous exaction of the pains arbitrarie and pecuniall adjected to penall statutes heretofore made would prove a burden to his Majesties lieges heavie and insupportable if by his Majesties grace and favour they should not be eased and liberate of the same In consideration whereof his Majestie in this his first Parliament holden in this his ancient and native Kingdome being willing to give ease and reliefe to his subjects of the foresaid burden Hath therefore been graciously pleased with consent of the Estates of Parliament to discharge freely pardon and remit and by these presents discharges freely pardons and remits all contraveeners of any of the said penall statutes for all deeds done by them contrary to the tenour of the same statutes in time by-gone Except only the statutes concerning wearing and bearing of hagbuts and pistols Taking of unlawfull usurie Transporting of mony and gold Slaying of red and black fish with the penalties incurred by the concealers of annuall-rents and wrongous up-givers of the inventars of their moneys Which are no waies discharged by this present act nor comprehended under the same ACT XXVIII RATIFICATION IN FAVOUR OF THE Vicount of Sterling of the infeftments and signature granted to him of the Dominions of new Scotland and Canada in America and Priviledges therein contained and of the dignity and order of Knight Baronets and Act of Convention of Estates made thereanent OUR SOVERAIGNE LORD And Estates of this present Parliament Ratifie and approve all letters Patents and Infeftments granted by King Iames the Sixth of blessed memorie or by our said Soveraigne Lord unto William Vicount of Sterling and to his heires and assignes of the Territories and Dominions of new Scotland and Canada in America and especially the Patent Charter and Infeftment granted by his Majesties umwhile dearest Father of worthie memorie of new Scotland of the date the tenth day of September the yeare of God 1621. Item another charter of the same granted by his Majestie under the great Seale of the the date the twelfth day of July 1625 years Item another Charter and infeftment granted by his Mie of the Countrie and Dominion of new Scotland under the great Seale of the date the third day of May 1627 yeares Item another Charter and Infeftment granted by his Majestie under the great Seale of the River and gulf of Canada bounds and priviledges thereof mentioned in the said Patent of the date the second day of Februarie 1628 years Item a Signature past under his Majesties hand of the said Countrie and Dominion which is to be with all diligence exped through the Seales of the date at Whitehall the twenty fourth day of Aprill 1633 years With all liberties priviledges honours jurisdictions and dignities respective therein mentioned Together also with all execution precepts instruments of seasings and seasings following or that shall happen to follow thereupon And also ratifies and approves the Act of generall Convention of Estates at Holy-rude-house the sixth day of July the year of God 1630. Whereby the said Estates have ratified approved the dignities order of knight Baronet With all the Acts of secret Counsell and Proclamations following thereupon made for maintaining of the said dignitie place and precedencie thereof And his Majestie and Estates foresaid will statute and ordaine that the said letters Patents Charters and Infeftments and the said dignitie title and order of Baronets and all letters patents and infeftments of Lands and dignities granted therewith to any person whatsoever shall stand and continue in full force with all liberties priviledges and precedencies thereof according to the tenour of the same And in als ample maner as if the bodies of the said letters patents infeftments signature above mentioned were herein particularly ingrost and exprest And ordaine intimation to be made hereof by open proclamation to all his Majesties Lieges at the market crosse of Edinburgh and other places needfull that none pretend ignorance hereof ACT XXIX IN FAVOUR OF THE EARLE OF Mortoun and the Lord Dalkeith his Sonne Anent the Loch of Levin and preservation of the fishings thereof OUR SOVERAIGNE LORD And Estates of this present Parliament considering that the Loch of Loch-Levin pertaines heritably in propertie to his Majesties right trustie Cousin and Counsellor William Earle of Mortoun Lord great Thesaurer of this Realme and Robert Lord Dalkeith his Sonne and that the said Loch is well plenished and furnished with Pykes Perches and Trouts of divers kinds And that when the fish ascend forth of the said Loch to the waters burnes and strypes that fall in the same to spawn therein There is great slaughter destruction of them committed by the country people about wherby the said Loch fishing thereof is not of such worth to the heritors of the said Loch nor to the countrey about as it would be if the said fishes were not slain in the said waters burnes strypes For remedy whereof his Majestie with advice consent of the Estates of this present Parliament statutes ordaines that none of his Majesties Lieges slay any Pyks Perches Trouts or any other fishes in the waters strypes or burns that fall in the said Loch or run forth thereof within the space of five miles to the said Loch under the paine of twentie pounds usuall money of this Realme to be payed by each contraveener toties quoties for each contravention and ordaines the said whole paines and unlawes of contravention to appertaine to the said Earle of Mortoun his said Son their heires and successours And by these presents gives and grants power and commission to them and their Bayliffes and Deputes to call before them within the towne of Kinroscher all persons suspect of slaying of the said fish within the said burnes waters Loch or strypes within the said space of five miles to the said Loch And as they shall be found guilty or innocent of slaying thereof to assoilyie them or unlaw them in the unlawes foresaid And to decerne and ordaine the persons convict to pay the same unlawes to the Proctour fiscall to be appointed for that effect by the said Earle of Mortoun his said son or their foresaids And ordaines letters of horning upon a simple charge of six dayes poynding and other letters and executorials requisit to be direct for payment to the said proctour fiscall of the said unlawes And ordaines publication to bee made hereof in forme as effeiris ACT XXX ANENT THE CLAN-GREGOUR OUR SOVERAIGNE LORD And three Estates of this present Parliament understanding that albeit by the great care of his Highnes umwhile dearest Father of eternal memory the Clan-Gregor was supprest and reduced to quietnesse yet of late they are broken forth againe to the
the victuall in ilk part of the Country compting for ilk hundred markes of the prices of the said victuallbeing redacted in money six markes for his Majesties annuitie Which Act is thereafter upon the twentieth of December 1631. ratified by the Lords of secret Councell And letters of horning and poynding ordained to be direct thereupon and thereafter ratified by the Lords of Exchequer upon the twentie third of the said moneth of December And his Majestie and Estates statute and ordaine the said annuitie forth of the teinds to be payed to his Majestie and his Successors of the said crop and year of God 1628. and of all yeares sensine and in time comming And that aswell out of the unvalued as valued teinds conforme to the tenours of the said Acts of convention secret Councell and Exchequer And ordaines letters of horning and poynding to be direct by the Lords of his Majesties Exchequer at the instance of his Majesties Thesaurer principall and depute for payment of the said annuitie of all years by-gone and in time comming And ordaines the Lords of his Majesties Exchequer to sit at all convenient times for granting and discussing of suspensions touching the said annuitie of teinds It is alwaies declared that the last clause and article contained in the said Act of annuitie whereby the Commissioners thinke fit that the said annuitie of teinds shall bee annexed to the crown is no waies ratified by this present act nor no clause thereof And that his Mie takes to his own gratious consideration what to do thereanent in whole or in part as his Mty in his royall wisdome shall think most expedient And whatever his Mtie shal do now or hereafter thereanent shal be as valid and effectual as if the same had been particularly exprest in this present act ACT XVI ANENT VASSALS HOLDING WARD OUR SOVERAIGNE LORD And Estates of this present Parliament ratifie and approve the Act of Parliament made by his Majesties um while Father of eternall memorie 18. Parliament cap. 12. Intitulate Act anent setting of fewes to sub-vassals of ward lands in the whole heads and articles thereof And farther his Majestie with consent of the said Estates hath extended and doth extend the said act of Parliament and benefit thereof in favour of his sacred Majestie and of the Prince of Scotland and their Successors in all time coming And statutes and ordaines that it shall no wayes bee lawfull to whatsoever Vassals holding lands of his Majestie or of the Prince of Scotland or of any Duke Marquesse Earl Vicount Lord Prelate Baron or any other person whatsoever holding their land of their Superiour by service of war and relief to set their said lands baronies milnes fishings or any other lands or haritages whatsomever holding ward as said is To any other person or persons in Few for payment of a Few-ferme dutie or in any manner of holding in prejudice of the said ward holding without speciall advice and consent of their superious of whom they hold the same respective And rescinds and annuls all former acts of Parliament of whatsomever date or tenor which may in any sort derogate to this present act And findes and declares that all and whatsomever infeftments to be granted otherwise without consent of the said superiours respective or their confirmation abtained thereto doth no wayes stop the ward of the said lands nor hinders the curse of recognition vacand or which shall happen to vake in the superiours hands incase of altenation of the same either of the whole or of the most part thereof according to the curse of the common Law without consent of their superiours but prejudice to their said superiours respective and their successors of the benefit of the said act of Parliament 1606 whereby all such infeftments and grants without consent as said is are declared to be null by way of action exception or reply Which clause shall stand in favour of his Majestie and in favour of the Prince and their Successors and other superious respective foresaid sicklike and in the same manner as if the said clause were insert in this present act and this act shall not be extended to deeds lawfull done in time by-gone before the date of this present act but onely ad futura ACT XVII ANENT THE RATE AND PRICE OF Teinds FOR SO MUCH As our Soveraigne LORD out of his Royall and Fatherly care tendering the publique good of this his ancient Kingdome did immediatly after his happie attaining to the Crown publish and give forth his Royall declaration anent the reforming of the abuses used in leading of teinds wherein his Majesties umwhile Father of eternall and blessed memorie laboured so much in his time and for provision and maintenance of Kirks and another pious uses forth of the said teinds And now his Majestie being by Gods gracious providence present in his Royall Person within this his Majesties ancient Kingdome and holding this his first Parliament of his whole Estates of the same with whom his Majestie hath advised and resolved to put that glorious worke anent the teinds to a full perfection THEREFORE His Majestie with consent of the three Estates by these presents statutes ordaines and declares that there shall be no teind-sheaves or other teinds Personage or Vicarage led and drawn within the Kingdome but that each heretor and life-renter of lands shall have the leading and drawing of their owne teind the same being first truely and lawfully valued and they paying therefore the price after-specified incase they be willing to buy the same or otherwise paying therefore the rate of teinde after specified Like as his Majestie and Estates find and declare that the just and true rate of teinds is and shall be the fift part of the constant rent which each land payeth in stock and teind where the same are valued joyntly and where the teinds are valued apart and severally that the just rate thereof is and shall be such as the same is already or shall be hereafter valued and proved before the said commissioners or subcommissioners deducing the fift part thereof for the ease of the heritors reserving alwayes liberty to such as shall finde themselves enormly hurt by the leading of the said valuations to persue for rectifying of the same before the commissioners appointed by his Majestie and Estates for that effect And also his Majestie with consent of the three Estates finds and declares that the price of all teinds which may be sold and annalied consisting either in money victuall or other bodies of goods is and shall be ruled and estimate according to nine yeers purchase the prices of victuall and other bodies of goods whereof the teind consists being redacted in money according to the worth and price of victuall and goods in each part of the countrey to the which the same is and shall be prized and estimate by his Majesties commissioners already appointed or to be appointed to that effect And findes and declares that each heritor in