493 THE FIRST 'PARLIAMENT And his Majeftie being well pleafed to obferve and follow the order kept by his Majefties Predeceflbrs fore- faid , anent his Majefties annexed propertie. THEREFORE His Majeftie with confent of his three Eftates of Parliament , ftatutes and ordaines , that it (hall be lawful to his Majeftie enduring his time, to fet all and fundrie lands, Baronies, Lordfhips, milnes • fifhings , and other his Majefties proper lands both of the old and new annexed propertie , and of rhe temporalideofKirk-lands;inFew-ferme, fo that it be not in diminution of his Majefties rental , gfe'flumes, and other duties : but in augmentation thereof, providing alwayes that this prefent diflblution fhalfno- waves be extended to the fetting in Few-ferme 6f any of OUR SOVERAIGNE LORDS Caftles , Pala- ces, Yards, Woods, Parks, Forrefts, paftures for fheepe arid nolt, arid in fpecial the Lommonds of Falkland, Coalheuches, and Offices But the fame to remaineinfeparablie an next to the Crown, not- withftandingofthispreferit diflblution. And,declares that diis prefent diflolution (hall endure for die life- time of OUR SOVERAIGNE LORD, the Kings Majeftie , who now is allanerly. So that the Lands and other forefaids , which lie fets in Few-ferme in his tiriie , with the condition forefaid, fliall ftand perpetuallie , to and in favours of the receavers thereof, their Hdrs and Succeflors , and' after his deceafe, the annexations made at this prefent Parliament , and of before fliall returne to their ©wne nature. , ACT XII. Ratification of the AcJs of Interruption. OUR SOVERAIGNE LORD, and Eftates of Parliament , ratifies and approves the Aft of the Lords of Council and Sefllon , oi : the date at Edinburgh , the penult of March , 1630. yeares* anent the interruption of the Act of prefcription , in favour of his Majeftie and his Succeflors , together with the Acl: of Secret Council, of the date at Hoiy-rude-houfe , the twentie fixth day of May , 1630. yeares. Whereby the faids Lords of Secret Council have allowed and approved the faid A<ft : And ordaines the faids Afts to be infert in this prefent Ratification. Arid his Majeftie and Eftates declares the faids Acts to have the full force effect and execution of a law, ftatute and Act of Parliament, in favour of his Majeftie and his Succeflors in all tirrie coriirriing. PoUoweth the tenor of the Act of Council dnd Seffion. AT EDINBURGH, the penult day of March, the year of God, 1630. yeares. The which day in prefence of the Lords of Council and Sedion compeared perfonally , Sir Thomas Hope oiCraige-hal t Knight Baronet , his Majefties Advocat , and prefented a letter directed from his Sacred Majeftie, whereof the tennor followeth. REX. Right truftie , and right wel-beloved Coufin and Counciller , and trufty and wel-beloyed , We greet you well- Whereas by Act of Parliament made in the Moneth of June, 1 6 A 7. years , all heritable rights cled with fourtie years pofleflion , are declared to be irreduceable in all time commirig , except the fame be quarrelled widiin die fpace of fourtie years : And by the fame Act there is libertie granted to all perfons ; who might be prejudged by the faid prefcription of fourtie yeares already run and expired , before the date of the faid Act, To intend their actions wirhin the fpace of thirteen yeares after die date of the faid Act: And whereas we , fliorrly after the deceafe of our deareft Father , of Eternal memorie, made oUr ge- neral Revocation in the Moneth of October, 16x5-. yeares. Which revocation we by two fpecial Letters of declaration , one of die date at JVhite-hal the twentie fixth day of Januarie, 16x6. yeares: And regi- ftrate in the Bookes of Secret Council the ninth of February, i6z6. yeares. And ane otherof thedateat Wainfteed, die elleventh of July , 16x6, yeares : And regiftrate in the Bookes of Secret Council upon the twentie one of July, 1 6x6. yeares. Have reftricted to the annulling of rights of the propertie of the Crown, as well annexed as unannexed , whereof accompt hath been made in Exchequer , and of rhe Prin- cipalitie unlawfully difponed by our Predeceflors: againft the Lawes and Acts then {landing , and to the annulling oferections and other difpofitlons of whatfoever lands, teinds, Patronages, and Benefices for- merly belonging to the Kirk , and fince annextto die Crown. And of any other lands and Benefices mor- tified and devoted to pious ufes : And of Regalities and heritable offices , and of the change from the ancient holding of ward and reliefe to blenfli or taxt ward, fince the year of God, 15U0, yeares. An becaufe , We were unwilling to enter in proeefle with our Subjects anent the premifles ; but rarhi defired to take a faire courfe widi all fuch as would voluntarily treat with Us Or our Commiflioners there-anent. THEREFORE We were pleafed by our Commiflion of the date at White-hal the feventeenth day of January, 16x7. yeares, to appoint certaine of our Nobilitie , Clergie, Gentrie, Barons, and Burrowes, to be commiflioners , to treat and deal betwixt Us and our Subjects , anent the premifles. And albeit the faid Commiflion hath made a good progreflie in the faid matter of erection and Kinds : and .that a great number of t I m
Page:The Laws and Acts of Parliament of Scotland.djvu/522
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