Page:The Laws and Acts of Parliament of Scotland.djvu/664

The third Sefwtt of the fir (i Tarliament of 94__ _____ Afts of Parliament (landing in force; And if there be no Kirk-lands lying near the Minifters Marife , out of which the erafs for one horfe and two kine may be defigned , or otherwayes , if the faids Kirk-lands be arable Land in either of thefe cafes , Ordains the Heritors to pay to the Mimfter and his Succefiors yearly , the fum of twenty pounds Scots, for the faid grafs for one horfe and two kine the Heritors alwayes being relie- ved according to the Law Handing , of other Heritors of Kirk-lands in the faid Paroch. And becaufe feyeral Kirks have no Glebs as yet defigned to them , it is hereby fpecially provided , that m all designations of Glebs. Incorporat-acres , in Village or Town where the Heritor hath houfes and gardens , the fame mall not be de- (isned he alwayes giving other Lands neareft to the Kirk. And His Majefty , with advice forefaid , lor fpecial'caufesandconfiderations, Declares, that this prefent Ad , as to the Manfes is to have force , as the fame had been made and dated the fourteenth of March, onethoufand, fix hundred, and fourty nine. XX I L ACT anent Comprifmgs: OUR SOVERAIGN LORD, confidering, that fince the firft day oi January, onethoufand, fix hundred, and fifty two, before the making of the fixty two Ad of the firft Seflion of this Parliament, entituled, VlEi for ordering the payment of debts betwixt Creditor and "Debitor , divers perfons, having right by pofterior Comprifmgs to the Legal reverfion of the firft Comprifing deduced of their Debitors Eftate , have according to the Law then in force, redeemed or fatisfied the firft Comprifing, and acquired the right thereof for their own better fecurity, left the legal reverfion of the firft Comprifing mould have expired to their prejudice. And whereas, by an Claufe of the forefaid Act of parliament , it is Ordained, That all Comprifmgs, led fince the faid firft day of J^jwzry, one thoufand, fix hundred, and fifty two, within year and day of the firft effectual Comprifing , mail come in Pari Pa ffit together, in maner, and upon the proyifions, mentioned in the faid Aft: Which Claufe, as it is'moft juft as to all Comprifings led, and ftanding un -redeemed and un-fatisfied by the fubfequ'ent Comprifers having right to the legal reverfion, So it were unjuit to prejudge thofe, who for their own fecurity, have redeemed or fatisfied the firft Comprifing, as faid is, according to the Law then ftanding. Therefore, His Majefty, with advice and confent of the Eftates of Parliament, De- clares, that Albeit the forefaid Aft was made adpraterita, to regulate the diligence ufed by Compri- • fings at the inftance of the Creditors: Yet it was no wayes their meaning to prejudge pofterior Com- prifers, who, bona fide, for their own fecurity, and for preventing the hazard of the expiration of the legal reverfion of the firft Comprifing, did redeem or fatisfie the fame ; And Therefore it is Statute and Ordained, That the faids fecond Comprifers fhall no wayes be prejudged of the right of the fore- faid firft Comprifing, redeemed and fatisfied by them ; Declaring neverthelefs , that as to the fecond or pofterior Comprifing, ftanding in the parties perfon who fatisfied the firft, the fame ihallonly come in with the reft of the Comprifers ^partpaffu^ as it is provided by the forefaid Aft. As likewayes Declaring, that thefe prefents be no wayes extended to any Comprifmgs fatisfied by the fecond Com- prifers, fince the making of the forefaid Aft of Parliament , or to be fatisfied in time coming. XXIII. i^ACT anent Sentences of Excommunication. OUR SOVERAIGN LORD confidering, that the provifo in the twenty fifth Act of the firft Seflion of Parliament , entituled, i^Afi for denounceing of excommunicat perfons , anent the exhibiting the Procefs and Sentence of Excommunication before the Lords of Seflion , to the end they might confider the legality of the Procefs , and grounds whereupon the Sentence proceeded , before any Letters of denunciation mould pafs againft the excommunicat perfons , was concluded before the reftau- rationof the Biihops, and is prejudicial and derogatory to the jurifdiction of Ecclefiaftical Authority as it is now eftablifhed; Doth Therefore, with advice and confent of His Eftates of Parliament, Retreat and Refcind the faid provifo, and Declares the fame to be void and null. XXIV. ACT for additional provifion in favours of 'theUniverJities. OURSOVERAIGN LORD and the Eftates of Parliament , taking into ferious confideration,' the condition ofthefeveralUniverfities of this Kingdom ; And finding, that the prefent mean and incompetent provifion of theMafters and Profefiors thereof, is fo prejudicial to the flowriihing of thefe Seminaries of Church and State , that unlefs fome considerable augmentation be fetled upon them