Page:The Laws and Acts of Parliament of Scotland.djvu/345

THRETTENTH TARLIAMENT. XXI. of Julij. 15-93. yxy Landes , including therewith , be their importune fuite ; the advocation , donation, and richt of Patronage of diverfe Kirkes and Benefices : quhilk never perteined to them 01 before ; Bot to his Majefties prefentation, fpecially quhair perfones provided thereto , is zit on life ; And the richt of the Patronage of their Benefice, purchaffed and taken, during their life-time, without their confentorknawledge: Tending thereby to ap- propriate the fruites of the faidis benefices, quhair the famin fall vake , to their particular ufes; Not onelie to the great hurt of his Hienes, and prejudice of the Kirk : quhairby all convenient occafion is abftracted from his Hieneffe, to gratifie qualified perfones , quha lies travelled and ar able to ferve in the function of the Mini- flerie , and Preaching of the Evangell : Bot aifo to the great hazard and danger of the perfones , provided to the faidis Benefices , zit on life. FOR Remeidquhairof, our faid Soveraine Lord and Eftaitesforefaid lies ftatute and ordained: and be the tenour hereof, decernis and declaris, that all fik infeftmentes, granted in times by-paft , or to be graunted in times cumming, be his Hienes, conteinand the gift and difpofition of the right of ony Patronage, advoca- tion and donation of benefice , quhilk perteined of before to his Hienefie gift and prefentation : quhairof the beneficed perfon, was for the time, or fall happen to be alive, the time of the granting of the faid inief tment, & their confent nocht had and obteined thereto,hes bene fra the beginning, and fall be in' all time cumming , null and of nane availe , force nor effect , fa far as concernis the difpofition of the richt of Patronage of the faidis Kirkes; Bot furder proces or declaratour of onie Judge to be given there-upon ; And die faicle advocation, donation, and right of Patronage of the faidis Benefices,to returne to his Hienefie; and be at his difpofition and prefentation freeiie, as the famin was before the granting of the faide infeftment ; And as gif the faidis infeft- mentes , had never bene granted : But prejudice alwaies of the faidis infeftmentes , anent the remanent landes therein contained ; Quhilk fall remaine in the awin ftrength and erTeft , and this nullitie to be received fummarlie , be way of exception , reply , or objection : Difclwgeing all judges within this Realme, to grant onie Procefie upon the right of the faid Patronage, be vertew of the faidis infeftmentes: bot to halde the fame as nocht exprefied therein. PROVIDING that fa foonc as the beneficed mans awin confent may be had and obteined , to the faidis infeftmentes, the fame to be als fufficient and effectual , as gif their confent had bene obteined thereto, from the beginning. 173. The paine of them that troubles the ^Parliament , SeJJlon and at her Judgementes. IT Is ftatute and ordained be OUR SOVERAINE LORD, And Lordes of Ar tickles of this pre- fent Parliament; That quho-foever fall happen at ony time hereafter : to ftrike, hurt, or flaie ony perfon within his Hienefie Parliament houfe, during the time of the halding of the Parliament, within the Kings inner Chalmer, Cabinette, or Chalmer of pretence ; The Kingis Majeftie for the time being within his Pallace, or within the inner Tol-buith, the time that the Lordes of Sellion fittis , for adminiftration of Juitice ; Or within the Kingis privie Councell-houfe , the time of the Councell fitting there ; Or quha-foever fall happen to ftrike, hurt, or flaie -onie perfon in prefence of his Majeftie , quhair-ever his Hieneffe fall happen to be for the time , fall incur the paine of treafon : and fall be accufed therefore , as committers of treafon and lefe- majeftic. AND Sik-like, ftatutis and ordainis, that quha-fa-ever fall ftrike or hurte in ony time heir-after onie perfon, before our Soveraine Lordisjuftice, or his Deputes , fitting in judgement , or within the inner zette of the Kingis Pallace , quhair his Hienes fall make his refidence for the time ; Or within the utter Tol- buithof Edinburgh, the time that the Lordes of Seffion fittis for adminiftration ofjuftice, fall incur the paine of death , and fall be accufed criminallie therefore. AND Als ftatutis and ordainis , that quha-fa-ever at onie time heirafter, fall ftrike or hurte onie perfon, before die Baillies of Burghes, Commiflares, Schireffes, Baillies of Royalties and Regalities , and uther inferiour Judges within this Realme ; they or ony of them , fitting in judgement , fall pay anehundreth poundes , to be employed at the difcretion of the Judge offended , and be imprifoned in their perfonne* , during the Judges will ; But prejudice alwaies of the Priviledges granted bee quhat-fum-ever ftatute or Actes of Parliament of before, to the Proveft and Baiilies ofBurrowes, or quhat-fum-ever inferiour Judges. AND Laft it is ftatute and ordained , that quho-fo-ever fall ftrike or hurt onie Judge within this Realme, fitting in Judgement , fall incurre the paine of death, and be accufed criminally thcrefoir. 174. Ratification of the Actes maid anent thieft , refpittes, and remijfiones ar mill being given without fatisfaclion of the far tie. OUR SOVERAINE LORDE, And Eftaites of this prefsnt Parliament, Taking con fideration of the rebellious contempt, ufed be ane great number of his Hienes fubjefts, alfweili upon die Bar- dours as in the Hie-landes , and diverfe utheris partes of his Hieneffe Realme : Quha without regard of their . dewtifull obedience , paffis daylie to the home , for not finding of law-fovertie ; Not fubferiving of affurances in maters of feede , dingis and ftrickis his Majefties meflengers , and udieris his Hienefie Ofiiciares, in execu- tion of dieir offices : And fum quha nightlie and dailie rievis , forrayis , and committis open tliieft , riefe and oppreflion