Page:The Laws and Acts of Parliament of Scotland.djvu/525

OF KING CHARLES THE FIRST. joi fert and regiftrate in their bookes of Sederunt ; and ordaine letters of publication To be direct and pafle there- upon, certifying all his Majefties Lieges, who have intereft , by open proclamation at the market Crofle of Edinburgh, and other market Crofles of the Kingdome , where the lands , Baronies, and others lye , or where the perfons and fubjects dwei and remaine, againft whom the faid declaration is to have effect of a legal interruption in manner following. And by open Proclamation at the faid market Crofle of Edinburgh , PierandfhoreofZ-«^, for allfuchofhis Majefties fubjects as are forth of this Realme, Of his Majefties pleafure , will and declaration , and of the faids Lords theirdecrect and authoritie interponed thereto. Like- as the faids Lords declare, That the faid declaration regiftrate, as faid is, and to be publifhed in manner forefaid , Shall have the ftrength ,force and power of a legall and perfect interruption againft all parties hav ing intereft , and that in fo farre alennerly as may be extended to the particulars following , viz. To his Majefties annexed propertie , and his Majefties propertie unannexed , whereof the ferme duties or few-ferm- es have beene compted in his Majefties Exchequer , fince the moneth of Auguft , 1 4 5- 5- . yeares , and unlaw- fully difponed by his Majefties Predeceflbrs againft the Acts of Parliament , and Lawes of the Kingdome : And to the principalitie unlawfully difponed againft the Acts of Parliament and Lawes of this Kingdome: And to the reduction of whatfoever erections , of whatfoever benefices , Spiritualitie and Temporalitie thereof unlawfuly difponed againft the Laws and Acls of Parliament : And to the reduction of whatfoever patronages of Kirks , pertaining to his Majeftie and his Predeceflbrs , and unlawfully difporud by them againft the Acts of Parliament : And againft unlawful difpofitions of whatfoever Teinds , Lands , and Rents doted to Hofpitals , and mafondieus, and unlawfully difponed againft the Ads of Parliament : And againft Regalities and Heritable Offices unlawfully difponed, contrary to the Acls of Parliament: And againft all changed tenours of holdings from ward to blenfh or taxt ward , granted by the Kings and Princes in their min- orities, and not granted or ratified by any King or Prince being major. With this declaration like-as the faids Lords declare, that the fame mall not prejudge any perfon whatfoever of their lawful defences compe- tent to them , againft any action to be intended hereafter at his Majefties inftance , and his fucceflbrs , except in fo far as concemes the faid Act of prefcription , whereupon the faids Lords declare, that no exception fhall be found in prejudice of his Majeftie, and his Succefibrs concerning the premifles. ACT XIII. Anent legalities of Erections. OUR SOVERAIGNE LORD, With advice and confent of the Eftates of Parliament , Ratifies and approves that head and article of the Act of Parliament made in die moneth of July , 15:87. years, xo. cap. anent the annexation of the temporalitie of benefices to the Crown , whereby the right and priviledge of regalitie , which pertained to whatfoever Abbacie , Priorie , Priorefie , -or other benefice whatfoever, is annexed to the Crown : with this declaration , That the heirs of the vafTals of the heritable I tennants fhall be entred by briefes forth of his Majefties Chancelarie, to be direct to the Proveft and I Baillies of the Burrowes of the faids Regalities. But prejudice alwaies to heritable Baillies and Stewarts I of the fjids regalities , their heirs and fucceflbrs , of their rights and infeftments granted to them of the I faids Baillieries and Stewartries of Regalitie , which fhall remaine with them in the fame condition they I were before the fame Act of annexation , except in the change of their Superior, viz. in the Kings Ma- jeftie , and his Succefibrs , who in all times thereafter fhall be their fuperiour , as in the faid Act of Parliament of the date forefaid , at more length is contai tied . AND farther, his Majeftie, with confent of the Eftates of Parliament, cafles, annuls, retreats and refcinds all rights and titles made and granted by his Majeftie, or his Majefties umwhile Father, or by umwhile Queene Marie his Grand-mother, to whatfoever perfon or perfons , of the right and priviledge of Regalitie , pertaining to whatfoever Abbot , Pryor, Pryorefle, Preceptor, or other bene- ficed perfon whatfoever, at any time preceeding the date hereof: And declares the right and title of all and whatfoever Regalities within the Kingdome, which pertained to whatfoever benefice particularly lor generallie above fpecified , at any time preceeding the general annexation of Kirk-lands , without refpecfc jto any exception mentioned in the faid Act of annexation , to pertaine to his Majeftie and his Succefibrs in all time comming. Referving alwaies to all heritable Baillies and Stewarts of the faids Regalities, their rights and infeftments of the faids Baillieries and Stewartries , granted to them by the faids beneficed perfons , at any time preceeding the date of the erections of the faids Abbacies , Priories , and others Borefaid in Temporal Lordlhips. And it is declared , that thefe prefents fhall no waies be extended to the right of Regalitie of whatfoever Lands , and Superiorities, pertaining to the Arch-biihops and bifhopsr of this Kingdome, by vertue of their gifts and provifions, granted to them or their predeceflbrs there^ upon , which fhall remaine with them unhurt or prejudged by this prefent Act. AND alfo it is declared, decerned and ordained , that the lands and Baronie of Browghtoun , compre- hending the Towns, lands, burgh in baronie , milnes, and others mentioned in the infeftments granted by his Majeftie under his Highncffe great Seaie , To his Highnefle right truftie Coufin and Counfellet Y y y Robert