Page:The Laws and Acts of Parliament of Scotland.djvu/221

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  • » HRIT) "PARLIAMENT. XXVI. of Jauuar, i S7 %. i 99

notwithftanding ony bigginges made, or to be maid thereupon. Providing alwayes , that fa-meikle of the few maill be deduced to the perfon or perfones , to quhom the faidis Manfes or Glebes is fet in few,fecundum rat am: andfik-like, that the fewer have fufficient action , againllthefettarof the faid Manfe and Glebe, for-fameikle entres filver , as he payed to the fetter the time of the fetting thereof, fecundum ratam, as faid is. 49- c PoJJeJJions of benefices , or ttther Ecclefiafticall rents tines their life-rent , being zeir and day at the Home. FOrfameikle , as be the Lawes of this Realme , fpecially be act of Parliament , halden in the Reigne of umquhile King JAMES the fifth, our Soveraine Lordis Gudfchir , of worthie memorie : It is found, that the ufe in times bygane hes bene , that the mailles and dewties , of the landes of them , that lies bene zeir and day at the home , halden of uther Superiours then the King , returned againe to the fuperiours of the famin landes , for the life-time of them that fuftened fik procefle of home, zeir and day, as laid is, ex- cept crimes of treafon and lefe-majeftie , and that the law fuld fa be interpreted and ufed, like as at mair length , is conteined in the famin act. Quhilk hes bene great feare and terrour to all heritoures of landes , to incur the faid procefle of horning , during the time foirfaid , and therefoir for faiftie of their life-rent , hes done diligence , and ufed all good meanes to obteine themfelves fpedelie relaxed , when ever they happened to incur the faid paine : zit became the Law was not equall , at lead had not received the like execution , againft the poflefloures of Benefices, Penfions, Portions, or uther Ecclefiafticall rentes : The great con- tempt of horning, hes bene in fik perfones , quhilkes thinking their livings in na danger, throw their difo- bedience , continued in their rebellion , and ufed na diligence to get themlelves relaxed , quhilk maid the faid paine of horning contemptibill in times by-paft. For remeid of the quhilk abufe heirafter : Our Soveraine Lord , with advife of his Regents grace , the three Eftaits , and haill bodie of this prefent Parliament , de- claris, flatutis, andordainis, that gifony pofieuoUi.es of benefices , penfions, portions, or uther fik Ec- clefiafticall rents , being ordourlie denu need rebelles, and put to the Home, remaines theirat, attour the fpace of zeir and day , they fall theirby tyne their life-rent of their benefices , penfiones , portiones , or uther Ecclefiafticall rents , fik-like and in the famin maner , as the temporall men , and heritours of landes dois , and according to the act maid in our Soveraine Lordis deareft Gudfchirs Reigne. 50. Approbation of the t^Afles and proceedings , done in the name and Authoritie of our Soveraine Lord , and of the invaliditie of all things attempted in the contrair. O R S A M E I K L E , as fen the coronation of the Kings Majeftie our Soveraine Lord , divers rebellious , infurrectiones , treafionabill confpiracies , open hoftilities , and difobediences , hes bene rayfed againft his hienes authoritie and Regentes , tending to the fubverfion of Chrifts Religion , the depofing of his Maje- ftie from his Royall Crowne , and the confufion of the haill Eftait of the commoun weill of this Realme. For refilling and repreffing of the quhilkes treafionabill , rebellious , and dangerous intcrpryfes , and fafetie , and prefervation of our Soveraine Lords innocent perfon : his Regents , Nobilitie and Eftaites , profefiing his obedience , hes bene oft times conftrayned to ufe the procefle, Judgement, andkxecu- tion of his hienefie Lawes : as alfwa force and hoftilitie againft his Hienefle declared traytours , rebel- lious and difobedient fubjectes , their affifters and partakers. Therefoire , it is ftatute and ordained be our Soveraine Lord , with advife of his Regents grace , the three Eftaites , and haill bodie of this prefent Parliament , that all procefies , Judgementes , and Executions of his hienefie Lawes , led , given and maid , in his Majefties name , criminallie or civillie, fen his hienefie Coronation forefaid, outher in Parliament , privie Councell , Juftice courts , Seflion , and Coiiedge of Juftice , Checker , or be- fore the Schireifes, Stewardes, Baillies, Proveftes, Aldermen , and Baillies of Burrowes , and uthers Judges andMinifters of the Lawes quhat-fumever. And all cedes ol hoftilitie , in rayfing and conducti- on ol men of weir, battalles, conflictes and utherwayes , cumzieing of money , taking and fortification ofTownes, Caftelles, Palices, Places, Houfes, and Policies: Burning , deftruction , and demolifching thereof: Intelligences, Treaties and Contractes maid with quhatfumever forreyn Princes, or their Lieu- tennentes, or Minifters : InbringingofftrangersintheTownes, and uthers partes of this Realme , intro- miffion with money , munitiones , and movabill guddes , uptaking of rentes , taking and detaining of prifoners , ranfounes , buitinges , rayfing of taxes , impofitions, and uthers quhat-furnever , done be our Soveraine Lordis Regents , Nobility, and uthers fubjects, profefiing his obedience, againft the faidis declared Traitoures, rebelles, or difobedient fubjects, their affifters and partakers quhat-fumever , at ony time fen our Soveraine Lordis Coronation , and before they obteined remiffions therefore , as alfwa all intromiffion with ony of their livings , guddes, geir, pleniflinges , and uthers being within their houfes, or upon their landes or rowmes , notwitliftanding quhat-fumever affignation , titill , or entres , that ony uther perfones may acclayme or pretend thereto , and all that followed , or fall happen to follow thereupon, hes bene, is, and in all time dimming fall be repute, halden, andefteemed, as lauchfullie done , and as gude and profitabillfervice for his Majeftie , tending to the prefervation of the Eftait of Chrifti- an Religion, the -Royall perfon and Crowne of our Soveraine Lorde, refifting and repreffing of his faidis Gg x rebel*