Page:The Laws and Acts of Parliament of Scotland.djvu/357

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

FOVRTEtiTH TARLIAMENT. Vlil of Junij. i m . 30 197. ^Anent efcheittes and life-rentes of Excommunicate perfones. FORSAMEIKLE As there is diverfe perfones denunced Rebelles , quha being fufpe&ed oiTafiftrie of before, and fearing the fentence of Excommunication to have followed againft them, hes procured the gifts of their efcheittes and life-rentes , difponed be our Soveraine Lorde , to tlieir bairnes or utheris con- junct: perfones , upon hornings execute againft them for civil caufes. And nevertheleffe hes reteined the pofleffion of their haill guddes , geare , landes , pofleffiones , as gif they had remained his Hienes faithfull and obedient fubje&es, quhilk hes given them occafion to continew in their rebellion : asalfwaintheirfuper- ftitious opinion o£Tapiflrie,and remaining under the faid fentence of excommunication,in manifeft contempt of God his trew religion , and Lawes of this Realme. For the repreffing of quhiikis contempt and remeid theirof: our faid SOVERAINE LORD, with advife of the Eftaites in this prefent Parliament , de- cernis and declairis all and quhat-fum-ever giftes of efcheittes and life-rentes , granted to the faids bairnes and conjunct perfons of ony of the foir-named perfones , denunced rebels and put to the home, for quhat-fum- ever caufe (quha being fufpected olTapiftrie of before, hes fufTered the fentence of excommunication to paffe againft them : and quhais guddes, geare , lands and poffeilions may be verified to have remained in their awin pofleffions , as gif they had remained faithfull and obedient fubjectes) to have bene fra the beginning, and to be in all time cumming , null and of nane availe, with all that hes followed , or may follow their-upon : Notvvithftanding quhat-fum-ever decreites or declarators given and paft in favour of the faids rebelles , their bairnes or conjunct perfones , and the richt of the faid efcheit guds , gear , and life-rentes , to have perteined, and to perteine to our faid Soveraine Lord , and to be at his gift and difpofition , als freelie as gif the faids pre- tended giftes and difpofitiones thereof, had never bene granted nor difponed to their faidis bairnes and con : juncl; perfonis , and as deelaratour had not paft their-upon. 198. For the better obferving of the Sabboth-day.. ITEM, OUR SOVERAINE LORDE, And Eftaites of this prefent Parliament , ratifies and apprievis the Adtes maid be his Hienes of before , anent the difcharging of halding of mercattes upon the Sabboth-day , with this addition ; That quha-foever prophanis the Sabboth-day be felling, or prefenting and offering to be fauld upon the faid day, ony guddes, or geare, or quhat-fum-ever merchandife be themf elves or anie uther in their name , and beis three leverall times lauchfullie convict theirof, ather before the Proveft and Baillies within Burgh , quhair the prophanation fall happen to be committed , or belore certaine com- miliioners, and Juftices in every Preshytery, to be aapoynted be the Kings Majeftie, with advife of his privie Councell, their haill guddes and gear fall be efcheitted » his Majefties ufe , and their perfones punifhed at the will of his Majeftie , with advife of his fecreit Counfeil. 199. For relief e of them, quhais landes are , or fall be defigned for Cfrtdnfes and Glebes to Cftlinijieres. OUR SOVERAINE LORDE, and Eftaites of this prefent Parliament , underftanding that there are findry fewares and poffeflbrs , having Kirk-landes neir adjacent to the Kirk , quhair their hes bene na manfes nor gleibe of auld , nor zit defigned of new , and confiddering, that it were baith againft reafon and gude confcience , that their fuld be ane gleibe defigned onelie of the faidis Kirk-landes , that perteinis to ane Fewar and pofleffour , and not of the reft, and fpeciailie quhair the haill Lands within the Parochin , or ane great part of the faidis lands are alike halden of the Kirk, and payis the like dewtie. THEREFORE to the effect , that the Minifters may be the better anfwered of their manfes and gleibes in time cumming , and enter theirto but onie trouble or contention , conforme to the former Afte of Parliament, maid anent Manfes and Gleibes of the Mmiiters, ftatutis and ordainis , that quhair defignation of Manfes and Gleibes beis maid and tane of Kiik-iand, (the haill Parochin, or ane greate part thereof being Kirk-land: And the Minifternotvvithfbnding defigned to the Kirk-land, maid eweft and adjacent to the Kirk) That the fewars, poffeflburs and tackef men , out of quhais landes, the Manfes or Gleibes are defigned; fall have tlieir reliefe of the remanent Parochiners , quha are fewars , poflefiours , and tackef- men of Kirkr landes , lyand within the faide Parochin/>n? rata. zoo. Anent Jetting oftackes without confent of the Tatrone. S~ UR SOVERAINE LORDE, With advife of his Eftaites in this prefent Parliament , ftHdisf V^anddeclaris: That na beneficed man under a Prelate, within this Realme , may in time cumming, fetlangertackesofteindes, or utheris pertinentes of their benefices, without the confent of their Patrones, bot for the fpace of three zeires ailanerlie. %o 1 . Annulling ofAcfes of Tarliament maid in favour ofVafalles of perfones foir-fdlted. OUR SOVERAINE LORDE, and Eftaites of this prefent Parliament, caffis, annullis, and abrogates the A&e of Parliament, maid at Edinburgh the firit day of Junij , the zeire of God , ane A a a- z tlioufand,