Page:The Laws and Acts of Parliament of Scotland.djvu/160

 £ V E E N E zM A R I E 5-. t^Anent the warde, relief e and mariage. T E M, It is ftatute and ordained , that quhat-fum-ever perfon or perfones , happenis to be flaine , hurte _ to the death, or take feicknefle in our Soveraine Ladies armie, now ordained in reddinefle to pafle for- warde, for defenfe of the Realme, and refilling of our auld enemies of 'England, now gaddered to invade the fame, and dies in the faid feicknes, gangand, remainandorcummandtherefra; That their aire or aires, fall have their warde, none-entrefie, reliefe, and mariage, free ; of our Soveraine Ladie , difpenfand with their mi- noritie and leile age, quhat eilde that ever they be of, without payment of ony temde-pennie : And fik-like, of all uther Lordes, Spiritual and Temporal, baithofvaiTallesandfub-vafTalles: Providing that the aires forefaidis, perfew and obteine entereile of their Over-lordes, within three termes after the deceafe of their fathers, or of quhat-fum-ever uther perfone, quhom to theyartofucceede, for the caufes forefaidis : And gif the faidis aires be of lefle age, within tutorie, and beis not entred to their landes and heritage , before their age of fourteene zeires, quhilk may be throw negligence of their tutores, and uthers their friendes : Our So- veraine Ladie priviledgis and grantis to them, that they may enter within three termes, nixt after their com- pleit age of fourteene zeires, as faid is : And this to be extended to the mediate aire , that is to fucceede to the perfon, that happenis to deceafe in our Soveraine Ladies armie, in maner forefaid ; Andbecaufeitmay happen the faid perfon, that happenis to deceafe in the faid armie , to have maa lauchfull bairnes of his bodie by his aire : Therefore ordainis, that the profites ol his waird landes be tane up be their Mothers , gif there be na tutoures Teftanlentars, als lang as fcho remainis widow, and failzieing thereof, be the neareft and lauch- full tutoures of the faids bairnes, to be diftribute for the fuftentation of the faid aire, and to the utilitie and pro- fiteofthe remanent of his brether and filters, to the peifite age of the faide aire or aires : That is to fay, gif the aire be male of twentie ane zeires, and gif they be femal of fourteene zeires , the profit of the faide aires mariage, being ay free to himfelfe, his faidis Mother, tutour, and governour , findandfufficient caution be- fore the Lordes, that they fall make compt and reckoning of their intromiflion, before the Lordes of Councell, or i 1 the Checker zeirlie : And gif the aires of the perfones that happenis to die, as faid is , have ony fewes, that they enter fik-like to their few landes, halden of quhat-fum-ever perfones, Spiritual, ox Temporal, withio the termes forefaidis, without ony payment of the doubling of the few. 6. ^Anent pojfejjiones. TH E Quhilk day the Lorde Governour, and all the Noble-men , Barronnes , Free-halders , and Gentle-men, being conveened and aflembled togidder, to pafle forwarde , for defenfe of this Realme, and refilling of our auld enemies of England, now inflandie approcheand to the Lord Governour, and his armie : Hes devifed, ftatute and ordained, alfweill be the Lord Governours awin confente , as the confent of the Noble-men , baith Spiritual and Temporal : That gif it fall happen (as God forbid) ony Earle , Lorde, Barronne, Free-halder, vaffall, fub-vaffall, fewares, maillers, tackef-men, rentallars, and pofleflbures, or com- mounes to be flaine, or take feickneffe, quhair-throw they happen to deceafe at this prefent armie : That their aires, executours, or affignayes , fall ireelie have their awin wairdes , reliefes, and manages in their awin handes, to be difponed thereupon , as they fall thinke expedient : And fik-like their wives , bairnes, executours, or affignayes , fall bruik their tackes, fteadinges, rowmes and pofleffions, alfweill of Kirk-landes, as of Temporal mennis landes, and enter thereto , and remaine therewith freelie , for the fpace of five zeires, without ony greflum or entreffe filver , payand allanerlie mailles and dewties , ufed and vvoont ; And the faid acl: alfweill to extend upou Kirk-mennis vaffalles, and Tcmporalles, as upon the Queenis. FINIS. THE