Page:The Laws and Acts of Parliament of Scotland.djvu/598

a8 Ylie firfl 'Parliament of y ^ Act 30, '31. in the fame manner, as Letters of Horning are appointed by the faid Act to pafs upon the fame De- creets, that thereby the Parties may have real execution, as well as perfonal upon their Decreets fore- faids/ Likeas, His Majefty, with advice and confent forefaid, Declares, That all execution of Poynd- ing, legally u fed upon the faids Decreets fince the twelfth oijme, one thoufand fix hundred and fourty nine years, (hall be valid and fufficient ; and the Parties, MeiTengers and others, Executors and ufers thereof, fliall never be queftioned, nor any Procefsfuflained againft them therefore, either Ci- villy or Criminally, before any Judge whatfomever; But prejudice alwayes to Parties againft whom Poynding have been ufed, upon reduceable or unwarrantable Sentences, topurfuc repetition as accords •of the Law. xxx. Aft anent the Fewer s and V a/Sals of Kirk, lands. OUr Soveraign Lord, with advice and confent of the Eftates of this prcfent Parliament, coftfider- ing, That whereas by the general Surrender of Kirk-lands, and Erections made by the Superiors and Titulars thereof, in favours of His Majefites deareft Father of ever blefled memory; It is fpeci- ally provided, that the faid Superiors and Titulars, notwithftanding their Surrender forefaid, fliall have right to the Few-ferms and Duties of the ValTals and Fewers of the faid Kirk-lands and Erecti- ons, till the Kings Majefty make payment to them of the prices of the faids Few-ferms and Duties, mo- dified by the Lords and others of the Commiflion for Surrenders and Teinds. And ficklike the Fewers and Vaftals of the faids Kirk-lands and Erections,are oblieged by their new Infeftments under the great Seal, to pay the iaids Few-ferms and Duties to the Kings Majefty and His Succeflbrs ; and fo againft reafon may appear to be lyable to double payment thereof : It is therefore Statute and Ordained by His Majefty, with confent forefaid, That the faids Fewers and Vaffals of Kirk-lands and Erections, their Heirs and Succeffors, fliall be oblieged to make thankiul payment of the faids Few-ferms and Du- ties contained in their Infeftments ; and whereof the faid Superiors and Titulars have been in poflefiioit precceding the Surrender forefaid, to the faids Superiors andTitulars, their Heirs and Succeflbrs, ay and while they get payment of the prizes modified by the iaids Lords and others of the Commiflion ibre* faid, according to the Act of Parliament, one thoufand fix hundred and thirty three years. And that Letters of Horning and Poynding fliall be granted to that effect , without prejudice alwayes to His Majefty, and His Succeffors, of the Superiority of the faids Fewers and Vaffals iurrendred in manner iorefaid, and without prejudice to them of their Infeftments taken to be hoiden of His Majefty and His Succeffors. Likeas it is Declared, That the faid Fewers and ValTals of Kirk-lands and Erections have been, in bona fide, in payment of the faids Few-ferms and Duties to the faids Superiors and Ti- tulars of all times by-gone, according to the provifions contained in the faid general Surrender. It is aiwayes provided, that this Act fliall not be prejudicial to an Act paft by this Parliament in favours of the Earl of Lauderdail of the Lordlhip of Mujlefrurgh, of the date the ninth day of Afrtl laft, XXXI. Aft concerning the Regiftration of Comprifings. OUr Soveraign Lord, with confent of the Eftates of Parliament, confidering, that the Regiftra- tion of Comprifings, was only eftabliftied by an Act of Secret Council, and never authorized by any Law, or Act of Parliament, and that the Regiftration thereof did put the Lieges to unncccf- far charges.- neither adding to the validity of the Comprifings, nor to the benefit of the Comprifers ; Hath therefore difcharged, and by thefe prefents difcharges all Regiftration of Comprifings, with all Gifts, Acts of Council, and other warrandsand Cuftome whatfomever, granted andobferved, at any time heretofore thereanent ; and by thir prefents Ratifies and approves the Cuftome obferved thefc many years paft ;. whereby, in place of the faid Regiftration, a fhort Record of all Comprifings of Lands, Teinds and others, and of the Comprifers names and defignations, the Defenders names, the Debts for which the Comprifing is deduced, the Meffengers and Clerks names, the date of the Execu- tions, the Witnefles names thereto, and of the Superiors of whom the Comprifed Lands are hoiden, hath been made in a Book by the Clerk of Regifter and his Deputes, at the allowing of the faids Com- prifings, (for which Allowance and Recording, there is only fourty millings Scots to be paid) and which Cuftome is very uieful and neceffar for information of the Lieges. And therefore His Majefty, with advice and confent forefaid , Ratifies and approves the forefaid Cuftome , and Ordains all Comprifings formerly deduced and ttot allowed and recorded in manner aboYe*writtcfl , to be brought