Page:The Laws and Acts of Parliament of Scotland.djvu/217

 SECOND "PARLIAMENT. XXFIII. of LAugtefi. 1571. i 9S all the time of the open and manifeft refiftance thereto: that the neareft of the faid Beneficed mennes kyri> abill and qualified, fall have the prefentation, provifion and collation of his benefice , for that timealaner- lie. And the famin to be difponed to the neareft of his kyn , that happenis to be flayne , or deceafe , in ma _ er foirfaid , being alwaies abill and qualified therefore , as laid is. And the profites ol their benefices , w ith the fruits fpecialiie on the ground, with the annattheirafter, to perteine to them , and their executors , alfweilJ Abbottes , Priores , as all uther Kirk-men. 42,. Anent the waird ', releifand<JMar'uige of them , that fall happen to be Jlayne 'in our Sover •nine Lordesfervice , in defence of his Majeflies authoritie. ITEM, My Lord Regentis Grace , with advife of the three Eftaites , and haill body of this prefenr Par- liament, hes ftatute and ordained, that in cafe ony Earles , Lords, Barronnes, Free-halders , Landed- men, Gentle-men, or ony uther perfon or perfones, fall happen to be flay ne , hurt, or wcuaded to the death, andtheirafterofthefaidhurtestodie, atonydme, in defenfe of our Soveraine Lordis authoritie, againft certaine his forefalted and declared trairoures, prelenrlie being within the Caftell and Burgh oi Edin- burgh, and uthers his Majeflies open and manueftenirnies, refiftersand confpiratours againft his hienefle authoritie, during all the time ot the oppen and manitelt refiHance theirto : That their aire or aires , fall have their Ward, none-entries, releife, and manage free , of our Soveraine Lord , difpenfand with their mino- ritie and le.fle age, quhateild that ever they be of: wkhouc payment of ony teynd penny, or uther p roil te theirfoir. And fik-like, of all uthers Lordes Spirituall and i emporall, baith of vafialles and fubvaftalles. Providing, that the aires foirfaids, perfewandobteineentres of their Overlordes , within three termes af- ter the deceafe of their Fathers, or quhat-fumever uther perfones, quhom to they ar to fucceede, for the caufes foirfaidis. And git the faidis aires be ot lefle a ^e, within tutorie , and beis not entred to their Iandes and heritage, befoir their age of xiiij. zeires, qu'uik may be throw negligence of their tutours , and uthers their friends. Our Soveraine Lord pnviledgis a id graunts to them, that they may enter , within three termes nixt after their compleit age ot xiiij. zeires, as laid is, and this to be extended to the mediat aire, that is to fucceede to the perfon , that happinnis to deceafe , during the time and in maner foirfaid. And becaufe it may happen the perfon, or perfones that happinnis to deceafe in this maner , and during the time foirfaid , to have maa lauchfull bairnes of their bodies by the aire : 1 heirfoir ordaines, that the proflte of the Ward- landes, be tane up be their Mothers (gif there be na Tutours Teftamentares ) als lang as me remaynes Widow, and failzeing thereof, be the neareft, and lauchfull Tutours of the faid bairnis, to be diftnbu r ed to the fuftentation of the aire , and to the utilitie and proflte of the remanent his brether.en and fi tiers , to the perfit age of the faid air or aires. 1 hat is to fay, gif the aires be male , ot xxj. zeiris, and gif they be female, xiiij. zeiris, the proflte of the faidsairis manage, being ay free to himfelfe. 1 he Mother, Tutor, or Go- vernor, find and lufEcient caution befoir the Lords, that they fall make compt, reckoning, and payment of their intromiffion befoir the Lords of Councell, or in the checkei zeirly : and gif theairis of the perfones that happinnis to die, as faid is, have ony fewes, that they enter fik-like to their few Iandes, haldenof whatfumever perfones Spirituall, orTemporall, within the termes foirfaidis , without ony payment of the double oi the few. 43. Anent pojfeff ones. ITEM, Our Soveraine Lord, with advife of my faid Lord Regents Grace , the three Eftaites , and haill body of this prefent Parliament, hesftature, and ordained, that in cafe any Eatle, Lord, Barron, Free- balder, Vaflall, <5ub-vaflall, Fewares, Maileres, Takkif-men, Tennents, Rentellers , polleflburs , or commounes , happenis to be hurte , flain , or w ouiuled to the death , and theirafter of the faidis hurts , or woundes to die in our Soveraine Lords fervice , anu in defenfe of his authoritie , at ony time, againft certaine his forefalted, and declared trayrours (prefentlie be.ng within the Caftell and Burgh of Edinburgh) & uthers his Majeflies open, and manifeft enemies , refifters and confpiratours againft his hienefle authoritie , during all the time of the open and manifeft refift ance theirto •. that their aires, executors, orafilgnayes, falKreely have their awin Wairdes, relietes and marriages , in their awinhandes, to be difponed thereupon, as they fall think expedient. Andfik-like, their wives, bairnes, executors or afTignayes, fall bruike their tak- kes, fteadinges , rowmes , and pofTeiiiones , alfweill of Kirk-mennes , as Temporal-mens Iandes , and enter thereto, and remayne therewith freelie, for the fpace of five zeiris, without anie greflume , orentrie filver : Pay and allanerlie mailles and dewties ufed and wount. And this Aft alfweill to extend upon Kirk- mennes, as Temporal-mennes vafialles , as upon our Soveraine Lordis. FINIS. K_Ac~tes omitted in this fecond "Parliament. ANent the frcedome and friviledges of 'Purrowes. ^inent Heraulds, Maimers, Purfevants, and others officers, that ferved againft our Stvertunt Lord, and his dHthoritie. ~4nent the efchtittes of the perfones, comming to the Kings obedience. FINIS, _,,_ THE