Page:The Laws and Acts of Parliament of Scotland.djvu/281

ELLEVENTH PARLIAMENT. XXIX. of Julij. 1587. z S9 fone, in the name of GOD , and OUR SO VERAINE LORDE to depairt : Quhilk being refufed, lie fall after the Miniftration of the Sacramentes , or Commoun Prayers ended , require fa mony of the maift wife, difcreete, and fubftantious of the Paroche , as he pleafis : That they , in OUR SOVERAINE LORDIS NAME, fall take and apprehend the faid Excommunicate perfone , and prefent him to the Judge Ordinar , within the boundes of the fchire, quhaic the Paroche lies , quhilk Ju ae Ordinar , fall be halden to receive the fame Excommunicate 'perfon off their handes , and keepe and reteine him in prifon , till he fiude caution , under fik fummes as fall be modified be the Mini- fter. And fa monie of the Elders of that Kirk , as ar prefent for the time , or refortis to the oulklie aflem- blies ; That the Excommunicate perfon reconciliate himfelfe to the Kirk, and fall make amendis ior the faide ofrenle. AND gif the Excommunicate perfon forefaid , deforcis ony of them in the execution of the premifles , he being convift thereof, his moveable guddes, fall fall in efcheit to OUR SOVERAINE LORDE: And his perfone fall be punilhed , at his Hienes will and pleafure. 28. Interpretation of the Afl; maid anent deprivation of Minifters. ITEM, It is ftatute and ordained , that the Commiffion for deprivation of Perfones provided to be- nefices , for the caufe of deprivation , fall extend alfwa againit Perfones provided to Prelacies , as u- thers inferiour benefices under Prelacies , to be ufed be the perfones fpecified in the faid CommiiTion : Or fik utheris , as his Hienes fall give Commiflion to , in that behalle , for all tranfgrefliones of the Aftes maid their-anent, fen the Parliament halden at Linliihcow , in December, the zeir of God , 1 5- 8 5. zeires. 2,9. ^Annexation of the Temporalitie of benefices to the Croun. OUR SOVERAINE LORD, and his three Eftaites of Parliament, perfitelyunderftanding the greateft part of his proper rent , to have bene given and difponed of auld , toAbbaies, Monafteries, and utheris perfons of Ciergie : quhairby the Crown hes bene fa greatlie hurt , that thereafter his maift Noble Progenitours had nocht fufficient meanes to beare foorth the honour ot their Eftaite , as they had before , quhilk hes bredde fmdrie inconvenientes within diis Realme. And feeing the caufes of the diflolution of the patrimonie of the Crown, to the Kirk, after the trueth knawin, ar found nather necellar nor profitable : Andthat be manie occafiones, through a lang procelle of time , the dearth hes fa greatlie increafed, not only in this Realme , BotinailCuntries, that the Princes charges, ar not able to beuphalden be that part of the patrimonie , quhilk now reftis in his handes : And his Hienes for the great love and favour quhilk he bearis to his fubjeftes ; being na waies minded to greevc them with un-profitable taxations , fpecially forhisroyallfupport. It is found maift meete and expedient , that he fall have recourfe to his awin patri- monie, difponed of before (the caufe of the difpofition now ceafing) as ane helpe maift honorable inrefpeft of himfelfe , and leaft grievous to his people and fu'-jeftes. AND THEREFORE Our faid Soveraine Lord , and his faidis three Eftaites of Parliament , be the force of this prefent Afte , have united, annexed and incorporate , andunitis, annexis and incorporates , to the Crown of this /realme, to remaine therewith as annexed, and as it were propertie thereof , in all time cumming, and with our faid Soveraine Lord, andhisSu:ceilTjUrs forever; All and findrie Landes, Lord- fliippes, Barronnies, Caftles, Towres , Fortalices , Manfious, Manour places, Milnes , Multures, Wooddes , Schawes , Parkes , Fifchinges , Tounes , Villages , Burrowes in iregalitie , and Barronnie , annual-rentes , tenementes , reverfioncs , cuftomes great and fmall, few-fermes, tennentes , tennendries , andferviceoffreetennentes. And all and findrie utheris commodities , profites and emolurncntes quhat- fumever , alfweill to Burgh , as to lande , (except , as hereafter fall be excepted in this prefent Afte) Quhiikis at the day and dait of thir prefentis , viz. The xxix. day of Julij , the zeir of God , 1587. zeires, per- teinis to quhat-fumever Arch-biihoppe , Biihope, Abbot , Prior , Priorefie , and quhat-fumever uther Pre- lat, either Ecclefiafticall , or beneficed pedon, of quhat-fumever eftaite , degree, highorlawe, and at the day and dait of thir prefentes perteinis to quhat-fumever Abbay , Convent , Cloifcer , quhat-fumever ordour of Friers, orNunnes, Monkes or Channones , ho w-fumever they be named , and to quhat-fum- ever Colledge Kirk , founded for Chantorie and finging ; Or to quhat-fumever Prebendarie or Cnaplanarie quhair-ever they be , or be fituate within this /realme and dominion thereof. And fik-like , all and fin- drie commoun landes, bruikedbeChaptours of Cathedrall Kirkes , and Chantrie Colledges as commoun : And quhairof the faidis Chaptours have bene in poffelTion before in commounitie , to be in all times here* after, taken, halden and repute , as it were the propertie and patrimony of the Crown , to remaine there- with in all times cumming, after the forme andtenoar, and ordour of the Aft of annexation , maid in the time of our Soveraine Lordis maift Noble PredecefTour , King JAMES the Second ; And according to all claufes , conditions , and circumftances thereof , quhilk in all poyntes is halden for cxprcfled in I this prefent Aft. And als it is ftatute and ordained, that the execution of this aft, in levying and uptak- | ing of the profites, fall begin and take effeft, at the terme of tj/tfartine-mes nixt to-cum : That our faid 1 Soveraine Lord , may receive the rentes and dewtiesofthe faid terme, and fwa foorth to continew in time cumming. And