Page:The Laws and Acts of Parliament of Scotland.djvu/285

kLLEVENTH PARLIAMENT. XXIX. of July. i?8 7 . x6 5 faiulis fewares and free tennentes , their aires and fucceflbures in their roumes and pofieffiones , perteining to them for ony caufe , except for the fpeciall caufe above excepted ; Bot that they fall bruik their faidis landes, fewes and tennendries , als freelie in all refpedtes , for payment of the deutie , and fervice conteined in rhdr infeftmentes : as onie his Lords , Barronnes, fewares, and free-tennentes , quhilkis was immediat valTuiles of auld , hes bruiked arid joyfed their faidis landes and heritages -. Or prefently bruikis or joyis the lame , but ony difference hereafter. AND Becaufe the teind-fcheeves , and uther fmall teindes of all landes within thisJlealme , ar expreflie iewi/fik excepted foorth of the faid annexation , and the fame na wayes extended thereto. And thereby it is confi- cura £ c l~ dered, that qucftion may fall out , anent the; payment of the few-fermes of the Kirk-landes, to our Sove- fk raine Lord , quhair in ane infeftment , the landes and teindes is fet togidder for ane dewtie ; And but divi- sion or diftinftion, how meikle fall be payed for the faid land, andhowmeikle for the teind: quhilk may icemeluirtfull to fik ashes the landes fett to them , with the teindes included : And to the Ecclefiafticall Perfones, to quhom the teindes arreferved. FOR Avoyding of the quhilk queftion , our faid Soveraine Lord, and his faidis three Eftaites of Parliament, decernis and declaris , flatutis and ordainis, that the com- ;• prehending of the faidis teindes, and including the fame with the Landes , fall na wayes breik O U R faid - SOVERAINE LORDIS fiiperioritie fbrefaid : Bot his Hienefle fall remaine fuperiour to the haill tennendrie, ftock and teind , after the forme of the infeftmentes. And that the richt of the faid infeftment, fall ftande indivifible , fa farre as concernis the halding and tennendriss. bot the faid Ecclefiafticall perfone, ,. . : fall have aclion and richt to the tenth penny of liquidat mailles , conteined in the faid infeftment. And the uther nine parts thereof, fall perteine to OUR SOVERAINE LORDE: And this to be nocht one- lie of the penny-maill , but of all uther deWties , that fuld be payed for teind and flock ; To witt, that nine partes thereof , fallperteineto OUR SOVERAINE LORDE: And the tenth-part be jufteftima- rion , fall apperteine to the faid Ecclefiafticall Perfon . And that all the Judges and Mi miters of his Lawcs , Within this Realme , Judge and decide according to this ftatute, and na utherwayes ■, how oft as that question fall be mooved , upon die cafe fore -faid. AND For-fameikle , as there is diverfe i?urroVes in Regalitie and Barronnie , within this Realme , ?mm • quhilks were before halden immediatlie of the faidis Prelates, and have bene in ufe to exerce the rrade and e ^ A ^i Z trafficque of merchandife : To make Burgefles , and to eleel Proveftes , Baillies and uthers Offidars , „«. meete and neceflar for the govet nement of their Communities ; Our faid Soveraine Lord , and his faidis three Eftaites in Parliament, na wayes willing that they fall be hurt therein, declaris, decernis, and ordainis, that the)- fall remaine in the fame freedoome and libertie, quhilk they had before the faid annexation, to be hal- den alwayes of our faid Soveraine Lorde , in the fame maner and condition, be the quhilk they held their faidis iibertief, of the faidis Ecclefiafticall perfones before , and na-wiiyes hurt in their rightes and privikdges. And that the ane fort and the uther be not confounded be this prefent Aft , bot remaine alwayes diftincl , as they were in time by-paft : notwithftanding the faid annexation. It is alwayes provided , ftatute and ordained , , that the Proveft , BaiUies, Councell and uthens Officiars , within the faid Burrowes , in Regalitie and Bar- ronnie , quhair they were Proveft and Baillies of before : fall be zeirly elected , chofen , depofed and altered, according to the forme and tenour , of the Actes of Parliament , maid in the dayes of our Soveraine Lordis maift Noble predecefloures , and ratified in divers Parliaments , fen his Hicnene Coronation. Forder the faids Burrowes in Regalitie, and Barronnie , and all lands, tenementes, and annual-rentes , Annual. within the libertie of the fame , quhilkis were halden of the faid Ecclefiafticall perfones before, fall fra this nmeswufa ptefent be halden of our faid Soveraine Lord , and his Succeflburs in chiefe , and the aires fall be entered there- 'sm-'Imf. to , be our faid Soveraine Lords Brieves , to be direct to the faidis Proveft and Baillies, of the faidis Burrowes : and the fervice fall be retoured to his Hienes Chancellary. Upon the quhilk retoure , the Director fall deli- ver ane Precept, in competent and dew forme, with provifion of fecuritie , to be taken for the mailles and dewties of the faidis landes, and annual-rentes , as they fall be retoured : Becaufe the faids Burrowes , ar not his free Burrowes Regall , and were not relived of their none-entries , at the handes of the faidis Prelates, their fuperiors, in times by-paft : And quhair the Prelate received refigriation, or gave entres ; That the Kingis Majeftie fall give it now be ordour of his Chancellary , and quhair the power was in the handes of the Baillies of the Burrowes within Regalities , that they bruik and enjoy their richt and priviledge , as of before. AND Becaufe the faidis landes, Lordfhippes , and Barronies , quhilks before perteined to the faidis mretaih Archbifhoppes , Biinoppes, Abbotes, and utheris Prelates •. There is diverfe our Soveraine Lordis lieges, T ' ailli " & ewnftitute heretable Baillies and Stewardes of the faidis Lordfhippes and Regalities .- Quhilkis heritable Bail- lies and Stewardes , our faid Soveraine Lord intends not to hurt, be the faid annexation. Therefore our faid Soveraine Lord , and his faidis three Eftaites of Parliament, declaris, decernis, flatutis and ordainis, that the faid heritable Baillies and Stewardes , and their aires and fucceflbures , fall now and hereafter abide and remaine , in their richt and title , quhilk they have of the faidis Offices , except in the change of their fupericr, in our Soveraine Lord and his Succeflbures , quhilks in all time hereafter fall be their immediat fuperiour. Like as the faidis heretable Baillies and Stewardes fall be their immediat tennents , and vaf- falles of their faids offices : after the forme and tenour of their infeftments , and for doing of the fervice fpeci- fied in the fame. Further the faidis heretable Baillies and Stewards, fall notwithftanding the [faid annexation, have the J^W/ : Pp i fame ' ""•