Page:The Laws and Acts of Parliament of Scotland.djvu/629

A ft 58. 59. _^ King CHARLES the II 1661. 5 $ LVIII. kAcI in Favours ofthefe who get their Ward-holding changed by the Kings Majeftie. THe Eftates oi Parliament having taken to confederation , that fome difficulty hath occurred in the profecution of his Majefties Royal Fathers intention ofj changing of Ward-holdings in Few, for the well of his Subjefts, conform to the two Commiflions, granted by His faid Majeftie thereanent; under the Great Seal of this Kingdom : And that the faid difficulty hath rifen upon this ground , that diverfe of His Majefties Subjefts , holding Lands of His Majeftie or of the Prince, ward, or Few Cum maritagio , holds alfo other Lands of other Superiors , Ward ; who whilft their Vaflals held Lands Ward , or Few Cum maritagio, of His Majeftie or of the Prince, could pretend no right to the Man- age of the Vaflals Heir ; when the fame fhall be changed in Few , and Compofition and a yearly Few- duty being granted to His Majeftie or the Prince for the faid Ward and Mariage , the other Superiors of the faids Vaflals , of whom he holds Ward , may contend for the benefit of the cafuality of the Mar- riage of His Vaflals Heir , when the fame falls out , he being the Vaflals eldeft Superior of whom he holds Ward ; which was grievous to the Vaflals , who by this new courfe of changing of his holding , hath componed both for Ward and Marriage. T herefore It is Statute and Ordained , by die Kings Majeftie, with advice and confent of His F.ftates of Parliament, that all Vaflals, holding Ward of his Majeftie or the Prince , or holding Few Cum maritagio , who fhall hereafter compone and agree with the Commiffioners to be appointed by His Majeftie , for changing of their Holdings , from Ward to Few, or for renunciation of the Marriage , contained in their Few-infeftments , their Heirs and Suc- ceflors in the faids Lands , fhall be free oi the Marriage that can be acclaimed by their Superiors of the Lands holden by them of their faids other Superiors , Ward ; and that the faids other Superiors , fhall have no right to the Marriage of their Hrirs, when the fame falls out, no more then they would have had, if the Lands holden Ward of his Majeftie or the Prince, had continued ftili Ward: but that the faids Vaflals, whofe holding fhall be changed , or who fhall compone for their Marriage, as faid is, their Heirs and Succflbrs , fhall enjoy their Lands in all time thereafter , free of any fuch burden of Mar- riage : Providing alwaies , Like-as it is hereby Provided and Declared , that if the forefaids Vaflals whofe Holding fhall be changed as faid is, and who fhall compone for the renunciation of the Marriage con rained in their Few-infeftments , or their Heirs or Succeflbrs in the faids Lands which once held Ward» or Few Cum maritagio , fhall alienate and difpone the faids Lands to any other perfons ; then and in that cafe , the Aliener , or his Heirs fhall no longer have the benefite of this prefent Aft ; but that not- vvithftanding of this prefent Aft , if they hold Lands Ward of any other Superior , that theif Superior fhall enjoy all the benefit of his Superioritie , as if this prefent Aft had never been made. And fuch- like , for the greater furtherance 'of His Majeftie* Lieges , in the way of the changing of the tenours of the faids Ward-holdings , or renuncing of the Marriage contained in their faids Few-infeftments, Our Soveraigne Lord , with advice and confent forefaid , Ordains Signaturs to be paft to the Lieges by the Exchequer , on the recommendation of the faids Commiffioners of the Ward-lands in their favours , upon the Lieges their Refignation for new Infcftments to be granted to them; bearing the new manner of Few- holding, or bearing the renunciation of the faid Marriage contained in their old Few-infeftments, as fhal be Ordained by the faids Commiffioners of the Ward-lands. LIX. . Aft anent the Exchequer. THe Kings Majeftie , considering that fome doubts and debates may arifc , concerning rhe meaning of the eighteenth Aft of the Parliament , holden by his Majefties Royal Father of blefied memorie, in the year one thoufatid,fix hundred,and thirty three, Anent the deciding & fudging in Caufes concerning His CMajejUes profiertie ; Doth for explanation thereof , with advice and confent of His Eftates of Parliament, Find , Declare , Statute and Ordaine that the validity and invalidity of Infeftments of His Majefties Property, or of any other Infeftments , may not be difcufled nor decided in the Exchequer , neither by way of Exception, Aftion nor Reply; but that the difcuffing and decifion thereof, is only proper to the Lords of Seflion • Referving alwaies to the Exchequer to judge in all other bufllnef- les concerning His Majefties Rents and Cafualities, as they might have done before theyeare onethou- fand, fix hundred, and thirty three. H % <~A&