Page:The Laws and Acts of Parliament of Scotland.djvu/524

5 oo THE FIRST PARLIAMENT i — — . , — _ — 1 ' : — — infert and regiftrate in the books of privie Councel, and the Lords authoritie to be interponed thereto: Which Aft of Seffion being read* heard, and confidered by the faid Lords, and they being there-with, and with the defire of the faid Advocat well advifed: The Lords of Secret Counceli thinke the courfe and order taken by the faid Lords of Seffion for interrupting of the faid Act of prefcription, to be juft and reafonable : And therefore, they ordaine the faid Act of Seffion tobe infert and regiftrate in the bookes of privie Councel, whereof the tenor followeth. . At Edinhirgh, the penult day of March, the yeare of God, 1630 years: The which day in prefence of the Lords of Counceli compeared perfonally Sir Thomas Hope of Craige-hall, Knight Baronet, his Majefties Advocat, and presented a Letter direct from his facredMajeftie, whereof the tenor followeth. CHARLES REX: Right truftie, and right well-beloved Coufm, and Counceller, and right truftie and well-beloved, We greet you well. Whereas by Ad of Parliament made in the moneth of June, 161 7 yeares, All heritable rights cled with fourtie yeares pofteffion, are declared to be irreduceableinalltime coming, except the fame be quarrelled within the fpace of fourtie years : And by die fame Acl: there is libertie granted to all perfons , who might be prejudged by the faid prefcription of fourtie years already run and expired before the date of the faid Act; To, intend their actions within the fpace of thirteene yeares after the date of the faid Act. And whereas We, lhortly after, the deceafe of our dear- eft Father of eternal merhorie, made our general revocation in the moneth of October, 115x5-. Which revocation we by two fpecial Letters of declaration, one of the date at White-hall the twenty fixth day or January, 1616 yeares, And regiftrate in the bookes ofourfecret Councel the ninth day of February, %6 years; And another of the date at Wdinfteed the eleventh day of July, i6z6 yeares, and regiftrare in the bookes of our fecret Councel "upon the twentie one day of July, 1 6%6 yeares ; Have reftricted to the annull- ing of rights of the propertie ol our Crowne, as well annexed as unannexed , whereof accompt hath beene made in our Exchequer; And of the principality unlawfully difpened by our PredecefTors againft thelawes and Acts then Handing; And to the annulling oferectiohs and other difpofitions of whatsoever lands, teinds, patronages, and benefices formerly belonging to the Kirke , and fince annexed to the Crowne; And of any other lands and patronages, which any wayes mould juftly belong to the Kirke or Crowne; and of whatso- ever lands and benefices mortified- and devoted to pious ufes ; And of Regalities and heritable offices; Ancjt of the change of holdings from the ancient holding of ward and reliefe to blenfh and taxt ward, fincethe yeare of God, 1540 yeares. And becaufe We were unwilling to enter in procefle with our Subjects anent the premifles, but rather defired to take a faire courfe with all fuch as would voluntarily treat with Us or our commffioners there-anent. THEREFORE We were pleafed by our commiffion of the date at White-hall the feventeenth day of January, 1617. yeares; To appoint certain of our Nobilitie, Clergie, Genrrie, Barons, and Burrowes, to be comniiffioners to treat and deal betwixt Us and our Subjects, in the premifles. And albeit the faid commiffion hath made a good progrefle in the faid matter ofereclions and teinds, and that a great number ofourfubjects having intereft therein, have fubferibed unto us generall fubmiffions, whereupon We have given forth our feveral determinations for the good of our fubjects, and eftablifliing the perpetual quietneffe and peace of that our ancient Kingdome; Yet it is certain, that niany of thefe who have intereft in erecti- ons and teinds, lye forth, and have not fubferibed the faid general fubmiffions: Like-as aifo the remanent "points of our faid commiffion anent the patronage of Kirks, rights, infeftments of our Propertie and Princi- jpalitie, Regalities, Heritable offices, and Changed tenour of holdings in blenfh, or taxt Wards, are not as yet begun to be handled and treated, and cannot poffibly be finimed and dofed, before the expiring of the time and yeares of the interruption allowed by the faid Act. And becaufe we will not fuffer our f elf nor out fucceflors to be prejudged , by delay of the execution of the faid commiffion , of the lawful actions competent to Us and them for reducing fuch rights of the premifles, unto the which we have undoubted intereft ; And feeing a multitude cannot be commodiouflyfummoned and warned perfonally, and at their dwelling places, in fo ihort time as is to run of the faid time of prefcription : Therefore, and for prefervatiori of our rights and actions competent to Us and our fucceflors anent the premifles, neceflarie it is, that fome folemne Act be done by Us, to teftifie oUr will and refolution, to profecute our faid actions in the owhe time, if the fame be not taken away and removed by the faid commiffion, which we thinke cannot be more properly and con- veniently done, nor by inferring of that our declaration in your books of Seffion, and directing of Letters of publication thereupon , Certifying all our Lieges who have intereft in the premifles, by open proclama- tion at the market crofle of Edinburgh , and other places needful, of that ourpleafiire, and declaration : And that the fame be declared by you, to have the Strength, force, power, andvertueof a legall and perfect: interruption. And therefore, We require you immediately after the fight hereof, to caufe infert thefe pre- fents in your bookes of Seffion, and to declare the fame to have the force of a legall and lawful interruption, and to direct Letters of publication thereupon , in forme as effeires. Which not doubting you will doe, We bid you fare-well. From our court, at White- hall, the twentie ninth day of November, 1629 yeares. with the Which Letter, tenor, contentes, and defire thereof, after the fame with the Act of Parfiament where- iinto it is relative, were read in their whole prefence, The faid Lords being well and ripely advifed, and having j confidered the juftice and equitie of his Majefties will and declaration contained therein, They have ordained, and ordaine the faid letter and declaration therein contained to be in- fert