Page:The Laws and Acts of Parliament of Scotland.djvu/481

XXIII. ¥4RLIJMENT.lV.of<^fugiift,i6%T.. 45-9 regiftrated in the Regifter of the Great Scale. HEREFORE, whereas any Creditouriiath comprifed land s holden of His Majeftie , and cannot recover foorth of the perfons hands , from whom the fame are comprif- ed, the KING ES right, and confirmation of the fame Infeftmenc, given unto them thereof , Left the negligence of the partie , not regiflrating the Infeftment , or Confirmation , after the palling thereof at the Great Seale: Secunded with the fubfequentfraude, in abftrafting and deftroying the principal Right and Confirmation , fhould unjuftly in damnage the true Creditor , and Comprifer:. His M A J E S T I E , with advice and confent of the faids ESTATES, willes, and declares , That if thefaidslnfeftments, and Confirmations ofthefaids perfons, from whom the faids lands are comprifed, have paft the Privie Seale, and be regiftrated in the Regifter thereof : That notwithstanding the want of the Infeftment and confirma- tion under the Great Seale, or the Extraft thereof : the Extract of the faid Infeftment, or Confirmation, foorth of the Regifter of the Privie Seale : The fame thereafter being paft the Great Seale, at any time fhall be a fufficient right to the Comprifer , whereby to poflcfie and enjoy the landes comprifed : conforme to the LawesmadeanentComprifingS: as freely in all refpeftes, as if the faids Infeftments and Confirmations were extant, and regiftrated in the Regifter of the Great Seale. Providing ahvayes , That this prefent Aft fhall no wayes hurt nor prejudge any third perfon, who hath Infeftment or Confirmation of the faids com- prifed lands, palt the Great Seale:, of an anteriour date to the faid Infeftment, fo paft the Great Seale , in manner aforefaid : but ihall be onely of force and effeft againft that perfon , from whom the land s are com- prifed, hisHeires, and SucccfTours. ACT IX. i_/fnent giving of Licence to Bijhops to fit their Warde Lands in Few-Ferme. OURSOVERAIGNE LORD, and EST AT ES of Parliament, underftanding, That a good number of Kirk-landes , pertaining unto 13Uhoprick.es , and their Chaptours , are difponed of olde to be hoiden by Service of Warde, and Relief e ; Which forme of holding yeeldes no prefent nor conftant rent and commoditie : but is onely a cafuality which vaketh not often : and when it vaketh, is gifted and difponed by the prefent Titulars , to their owne particular ufe, without any benefite to their Succefiours . WHERE- AS, if the faids Kirk-Landes were fette in Fiew-Ferme for a competent yearly Duetie, the fame would not onely augment , and meliorate the Eftate of the Benefice ; but alfo diminilh the occafion of applying of Kirk- rentes to particular ufes, AND HIS MAJESTIE, out of his Royal care , and Princely dilpofition , intending the prefervation of the Eftate of the faids Biihoprickes , and their Chaptours : and therefore being moft earneft to avoyde and remove this evil : HIS MAJESTIE, and ESTATES, ftatutes and Ordaines , That it fhall be lawful for all Biihoppes, and Members of Chaptours , who have Lands holden of them by Service of Warde and Reliefe , to fet the fame in Few-Ferme , for payment of a competent Fiew- I Ferme dutie , and doubling the fame at the entry of the Heire : Providing that the faid Few-Ferme dutie be anfwerable to the retoured duetie of the I ands : And where the lands have not been retoured , that the retoure I be ruled according to the cuftome of retoures oflandes in die countreyofthe like valour, where the faids 1 lands lye : And declares , That this prefent Statute ihall remaine in full force and effeft , for j the fpace of three yeares after the date hereof onely , and no longer , while farther order be taken ithere-anent. A C T X. 'Declaring famines Grafs , given to the Cftlmiflers , for their Gleybes to be Teynd-free. OUR SOVERAIGNE LORD, and ESTATES of this prefent Parliament , confidering in die fifth Parliament holden by his MA J EST IE, upon the twentie five day of Julie, in Anno one jthoufand, five hundreth , threefcore, and eighteene yeares : Chap. 6 z. His Highnefs with advice and iconfent of the ESTATES, Found, and declared , That the Minifters and Readers ought and ihould ipay no Teynd for their Gleybes , and Kirke-landes , extending to foure Ackers of Land , defigned unto jthem conforme to the Aft of Parliament : But decerned and declared them to bee free of their faids Teyndes, and difcharged them [Simpliciter] thereof in all time comming. LIKE AS in the Parliament holden mSPerth, the ninth of Julie, in Anno one thoufand fix hundreth , and fix yeares, Chap. 7. Iris Or- idained, That there ihall be defigned to the Minifters ferving the cure at Kirkes, where there is no arrable iland adjacent there-unto, the number offourSummes Grafs for every Acker, of four Ackers of Gleybe, extending to fixteenfummes Grafs, for the foure Ackers of Land , and that of the moft commodious and beftpafturage of any Kirk-landes, lying next adjacent , and moft eweft to the Kirk : And ordained letters jto be directed , for removing the poflefiours there-f rom : in ficklike forme as againft the poflefiours of Manfs iand Gkybcs. And in refpect that the Minifters Gleybes are Teynd-free , and that by confequence the fummes Grafs above-mentioned , defigned in fteade thereof, where no arrable land is adjacent unto Kirkes, ought like wife of all equitie and reafon to be Teynd-free, in refpeft the fame is dedicated and appointed ad pios nfm. HERE-