Page:The Laws and Acts of Parliament of Scotland.djvu/425

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XX. PARLIAMENT. XXIV. of June. 1609. faidQuoje filver , they being the onely ordinare fuprerne Judges of this Realme, foradminiftrationofju- flice , and interteinement ot" policie and peace within the famine , whilk neceOar lie requyrs their day!y and continual prefence and attendance , preferring die public! good and weall of the Realmc, in the adminiftration of Juftice indifferentlie to his Majefties Leiges, to their awne privat and domeftical affaires ; and in the meane-tyme are forced to fpend their awne patrimonie and rent in the faid publicl weall of the Realme. And his Majeftie having now by fpecial inftru&ions proponed to the faids Eftaites of Parliament, the faids great and faithfull fervices done to his Heighnes , and for the common weall of the Realme of Scotland in particu- lare, by his faids righttruftie and familiare Counfellers , the faids Lords and Senators of his Heighnes Col- lege of Juftice , in yeelding and granting to his Heighnes fpecial defire , to furrander and over give trom them the faid Quote filver of the Teftaments, being the maift and beft part of their patrimonie, to and in favours of the faids Archbifhops and Bifhops of this Realme , for the helpe and fupplie of their Eftate, as is before faid. And the faids Eitaites of this prefent Parliament having there-upon, taken full tryell and verification, they have found, tryed, cenfured and judged ; lykeastheyprefentliefinde, cenfurcandjudgesthefimineto be, and to have bene great, feene, realonable and profitable caufes for the weall of his Majeftie, and of the laid Realme of Scotland. As alfo, his Heighnes and Eftaites forefaids , findes, decerner, and declares, that his Majeftie with their advyce and confent may for the faids feene, profitable and reafonable caufes , whilks they have knawne and tryed to be lor the feene weal! of his Majeftie and Realme , as faid is , give, afligne or difpcne any part oi the patrimonie of his Majefties annexed propertie of the Crowne to the faids ordinare Lords and Senators of the Colledge of Juftice and their Succeflbrs ■, Senators of the Colledge ot Juftice in re- compence to them of the faids Quotes of teftaments , furrandered by them and over-given at his Majefties de- fire and command 5 to and in favours of the faids Eftaites of Bifhops , and that in fik manner , forme and fure conditions as his Majeftie beft pleafes for their fecuritie. And to that effect that the annexa. ion of thefe parts of the faid patrimonie of die Crown , that ar to be aftigned and difponed to the iaids Lords and ordinare Sena- tors of the faid Colledge of Juftice and their fuccelTburs Senators, fliall be fimpliciter diflblved I from the Crowne, fa that they may be given, aftigned and difponed to the faids ordinare Lords and Senators ot the faid Colledge of Juftice and their fucceflbrs Senators perpetuallie in all tyme comming. And the faids Eftaites being ryplie and gravelie advyfed what his Majeftie may give and difpone to the faids Lords and Senators and their fucceflbrs with the leaft detriment to his Heighnes Crowne and yearlie rent. The faids Eftaites all in anevoyce, have found and declared, and by the tennor hereof findes and declares, that tht cuftomes of this his Heighnes Realme of Scotland, annexed to the Crown , may with the leaft detriment to his Majeftie, or hurt to the rent or revenew of the Crowne , for the feene caufes above exprefled , be given , aftigned and difponed by his Majeftie to the faids ordinare Lords and Senators of his Heighnes Colledge of Juftice and their fuccellburs Senators in maift ample forme. And to that effecl: , his Majeftie and Eftaites forefaids of Parliament, diftblves, annulles and infringes the annexation of the cuftomes of this Realme of Scotland to the Crowne, from the faid Crowne and patrimonie thereof, in fa far as the famine may be extended to the fumme often thoufand pounds, of thefirft, readieft, maift fure and beft payment of the faids cuftomes allanerlie. And now after the faid difiblution, his Majeftie and Eftaites forelaidsofdiis prefent Parliament, lies given, granted, affigned and difponed, and by die tennor hereof, for the feene caufes forefaids, gives^ grantes, aftignes and difpones to the faids ordinare Lords and Senators of his Heighnes Colledge of Juftice, and their fucceflburs poftefting the ordinare places ol the faid Judicatorie and Colledge of Juftice perpetuallie in all tyme comming. All and haill the fumme often thoufand pounds , ufuall money oi Scot land, in recom- mence to them of the faid Quote filver of Teftaments , over-given by them at his Majefties defire, for the lupportofthe faid eftate of Biiliops, tobeuptaken, uplifted and receaved by them, and their collegers to ibe appointed by them in their names yearlie at twa termes in the yeare , Whit-fonday and Martin-mes in (Winter by even portions , forth of the readieft and beft payment ot his Majefties cuftoms of the faid Realme iof Scotland, or any part thereof from his Majefties Comptrollers, tackf-men, pofleflburs and intrometters '[with the faids cuftomes, and odiers addetted in payment thereof, now prefent and that lhaii happen to be (for the tyme , to be diftributed amongft them in fik forme as heretofore they were accuftumed in devy ding of idie faid Quote filver. Beginning the firft termes payment therof at the laid feaft and terme ot Mertin-mes next to come in this inftant yeare of God, ane dioufand, iex hundreth, and nyneyeares, and fa forth yearlie and termlie thereafter, at the termes forefaids perpetuallie in all tyme comming. Charging herefore die faid Comptroller and tackf-men, pofleflbrs and intrometters with the faids cuftomes of the faid Realme hi Scotland or any part thereof, and others addetted in payment of the famine now prefent, and that fhall iiappentobeforthetyme; to readilie anfwere s content, obey and make thankfull payment of the forefaid l/earlie fumme often thoufand pounds yearlie money forefaids to the faids ordinare Lords and Senators of die faid Colledge of Juftice and their fuccellours, and their colledors in their names , forth of the readieft ind beft payment of the faids cuftomes; and that they be preferred in payment thereof to all and whatfom- pver other perfon or perfons pretending right to the iaids cuftomes, or any part thereof by penfion, afllgna- tion, gift or other right or difpofition whadomever. Beginning the firft termes payment of the famine, at ! :he faid feaft and terme of Martin-mes next to come , and fa forth yearlie and termlie thereafter at the termes jbrefaids, perpetuallie in all tyme comming; whilk fhall be thanktullie allowed to the payers , they taking he faids Lords and Senators or collectors acquitances and difcharges to fliaw upon compt tor their warrant in the