Page:The Laws and Acts of Parliament of Scotland.djvu/187

NINTH TARLIAMENT. IV of June. 1563. i6 7 the paine of death , to be execute upon the raiferis of the faiclis bands , as alfwa upon them , that con- vcnis and ryfis in bands. 76. ^Anentis the reparrelling and uphalding of Taiwhe Kirkes and of Kirk-zairdes of the famin , for burial of the dead. IT Is ftatute and ordained for uphalding and reparrelling of the Paroche Kirkes and Kirk-zairdes of the famin, for burial of the dead within this Realme, that the Lordes of fecreit Councell put ordour thereto, and advife and confult how the famin fall be done and uphalden in times to-cum. And quhat-fum-ever ordour 'that they fall happen to take for reparrelling and uphalding of the faidis Kirkes and Kirk-zairdes thereof: "I he Queenis Majeflie, with the advife of the three Eftaites of this Realme in this prefent Parliament,hes declared, anddeclaris, that quhat-fum-ever ordour beis maid and fet foorth be the faidis Lordes of fecreit Councell, and execution to be declaired be them thereupon , to be fufficient , and of als greit ftrength and effect, as and die famin had bene exprefly conteined in this prefent ad. 77. ^Anent ferments, and uther Iauchfull pojfeffbures of Kirk-landes , and Jetting of fe r jves of thejamin Kirk-landes for thefpace of three zeires hereafter. TH E Queenis Grace havand confiddered the grievous complaintes maid to her Hienes be the Iauchfull polleflours, occupyares and tennentes of the Kirk-lands, and that divers of the lieges of this Realme hes taken fewes of the faidis Kirk-lands, fen the fext day of Marche , the zeir of God , ane thoufand , five hun- dreds, fiftie audit zeires, and lies warned them , and intends to warne , be vertew of the faidis fewes or Jang tackes the Iauchfull and kindlie poffeflours of the faidis Kirk-lands to remove: For remeid hereof: Her Hienes with advife of the three Eftaites in this prefent Parliament , lies ftatute and ordained , that na kindlie Iauchfull poflcflbur , tennent or occupyer of onie of the faidis Kirk-lands , be removed fra their kindlie rowme, fteading, or poffeifion be the alleged fewares or takers ofthefamin in lang tackes, ieii the faid fext day of March, the zeir of God, ane thoufand, fiye hundreth , fifrie audit zeires : Bot that the Iauchfull pof- feflbures, tennentes and occupiers of the faid Kirk-lands , may bruke and joyis their faidis tackes, rowmes, and pofleffions, but violence of onie zeiris by-gane, be warning to remove, be onie of the faid alleaged titles of fewes or lang tackes, fet fen the fext daye of March, the zeir of God, ane thoufand, five hundreth , flftie audit zeires , or be onie warning to be maid be vertew of the forefai i i titles hereafter,unto the Feaft oiJVhit- funday , the zeir of God, ane thoufand, five hundreth , three fcoir lex zeires, without licence of our faid Sore- raine Ladic els obteined , or to be obteined in writ their-upon. And never-the-leiTe that the faidis occupyars, kindlie tennentes and poffeflbures pay their mailles , fermes and dewties, according to their tackes , or ufe of payment of before , and attoure it is in likewife ftatute and ord lined be the Queenis Grace, with advife of the Eftaites foirfaides , that na Elect, Poftulat, Arch-billioppe , Bilhoppe, Abbot, Priour, Commen- datar, Prioreffe, Dean, Archedean, Parfon, Vicar, or uther perfon bruikand benefices , orpretendand themfelves to bruik the famin , as Kirk-men of quhat-fum-ever eftate , degree or condition they be of, within this Realme , fet fra thine furth ony of their Kirk-landes in few or lang tackes , to ony perfon or perfones , for the fpace of three zeires nixt to-cum , Videlicet , unto the Feaft oiWhit-ftindaye , the zeir of God, ane thou- fand, five hundreth, threefcore fex zeires , without the Queenis Grace licence elfe obteined, or to be ob- teined in writ their-upon. 78. t^Sierit the admiffion of Not ares, and prorogation of the famin. ITEM, For-fa-meikle as it was ftatute and ordained of before, be ane act maid in the Parliament halden at£V////^//r^thexxi).dayeofJunij, the zeir of God, ane thoufand , five hundreth, lv. zeires, that all Notars within this Realme , baith Spiritual and Temporal , fold have bene caufed to cum be their Ordinares and Schire ties, Stewardes, Baillies, rejpefiive , to the Burgh of Edinburgh, there to have compeared per- fonallie before the Lordes of Councell, or that the faidis Lordes luld direct their letters, requiring and chargeing all Notares within this Realme , to compeir before them , as faid is, bringing with them their crea- tiones and haill protocolles , betuixt the faid xxij. day of Junij, and the Ye&oilVhit-Junday nixt there- after , at fik dayes, as fold be affigned and appoynted be the faidis Lordes, to be examined, and their creationes vified be them , their protocolles produced, to be marked be the Lords , and the leaves numbred , and the blankes in likewife to be marked , and the faidis protocol biukes not to bsfene, nor red, bot to be marked in prefence of the Notar and delivered againe to him , but onie infpection : And as they war fundin qualified, to ?e admitted be the Lordes of Councell, to ufe office of Notarie thereafter: And that na Notar, be quhat- fum-ever power he be creat, ufe the office of Notarie , within this Realme thereafter, bot gif he firft pre* fented himfelfe to the faidis Lordes, fchawand his creation , and be admitted be them as qualified theirto : And that na Notares , that fold happen to be difcharged be the faidis Lordes , or not admitted be them, there- after fulde ufe the office of Notarie , under the paines after fpecified. And attour it was ordained , that all Notares to be admitted,as faid is, givand Inftrumentes and requirand witnes thereto, they fold require the faids witnefies , quhair they dwelt , or fum uther evident taikin of them , and infert the famin in their faid Inftru- mentes , that the witneffe maie be knawen , being prefent at that time. Further , gif onie Notar beis convict of I