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

 *» 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*