Page:The Laws and Acts of Parliament of Scotland.djvu/263

 AVCHT PARLIAMENT. XXII. of Maij. 1584. . i4 i That of every benefice, valued to ane thoufand punds be zeir, now vaikand or that fall happen to vaik heirafter, his Majeflie and his fucceflbures fall have freelie payed to them zeirlie twa hundreth pundes, befide the ordinar thrid, at the termes of JVhit-fimday and ^Martine-mes , be equal portiones And fwa proportionally of every benefice, alfweill abone as beneath the faid value of ane thoufand pundes. And before onieperfone nominate to quhatfumever benefice hereafter fall have his prefentation expede and pafttheRegiftarorfeales, hee fall findegudefuretie for payment, alfweill of the firft zeires fruftes, as of the fumme dew to be payed be him zeirlie, to his Hienes and his Thefaurer, in his Majefties name, to his ufe, and effect abone fpecified. And during the haill fpace of the vacance of the faidis benefices, die faid Thefaurertointromet, and uptake the haill rentes, fruftes, profites and dewties thereof. Botbecaufethe faid firft zeires frucles of the benefices prefently vacand, and liimmes appoynted to be payed turth of, the fame zeirly, will not ferve nor extend prefently to the payment of the wages of his Hienes guard , his Maje- ftie and his Eftaites, confidering of die nixt belt helpe and provifton , andunderftanding that the Conuentes of die Abbayes, Priories , and Nunries , quhilkis of auld wer ordained and accuftomat to be fufteined upon the rentes and frucles thereof, ar for the maift part departed this life, fen the zeir of God, ane thoufand, five hurtdreth, threefcore zeires. Nane or few utheris prefented be his Majeflie, being entred in their pla- ces, bot their portiones be their deathes accrefling to the Abbotes , Priores, Commendatares or pofleflbures of the faidis Abbayes, Priories, and Nunries, benaLaw, or conftitution , ziteftabhflied be his Hienes and his faidis Eftaites. It is therefore found, declaired, ftatute and ordained be his Hienes , and his faidis three Eftaites, That as the prefentationes , giftes , and difpofitiones of the faidis prelacies perteinis to his Majeftie be the richt , and priviledge of his Crown : Swa lies he gude richt and intereft to crave, receive, intromet, and uptake all the portiones of the perfones of the Conuentes of the faidis Abbayes, Priories and Nunries that lies deceafed, fen the faid zeir of God, ane thoufand, five hundreth , threefcore zeires. Or fall happen to deceafe heirafter, quhill the fame Abbayes , Priories, and Nunries fall vaike & becum fullie in his Hienes handes, and difpofition , be deceafe, forefaltour, or lawfull deprivation of the. prefenr pofleflburs thereof. And that his Majeftie, and his Thefaurer in his name , lies , and fall have gude aclionbelawtocrave, receive, intromet, and uptake the portions of the perfones of the faidis Conventes alreadie deceafied, as faid is , of the crop , and zeir of God , ane thoufand , five hundreth , fourfcoir three zeires laft by paft, and in time cumming, quhill the faidis benefices fall happen to vaik, fiklike as die faidis perfones miclit have done themfetves being on life, and that the Lords of Councell and Seflion, or checker , direct fik letteris at the inftance of the faid Lord Thefaurer , for anfwering and obeying to him of the portions of the faidis perfons deceafed, as is granted for payment of the fuperplw of die thrids of benefices. 138. t^Ane Aft anent Jlaucbter, and troubling maid be parties inperfiite , and defenfe of their a£fiones. OUR SOVERAINE LORD with advife, and confent of his Hienes three Eftaits of this pre-^ fent Parliament, lies ratified , and appreived and be the tenour hereof , ratifies and appreivis the Ad and ftatute underwritten : and decernis and declairis the fame, to have the ftrength , force and effecl of ane acfe of Parliament, of the quhilk the tenour tollowis. At Edinburgh the penult day oiCMaij, the zeir of God, ane thoufand five hundreth fourfcoir three zeires. The quhilk day, in prefence of the Kingis Majeftie, fittand in Judgement , and Lordes of his hienes Councell and Seflion , compeired Maifter David CMakgill of Nifbet, Advocate to his Majeftie , and in the name of his Hienes maift faithful! , humble, and obedient fubjecles , exponed and declared , how in the Parliament halden at Edinburgh, the xx. day of Junij, the zeir of God 15 5 5. zeires, be his Majeftics umquhile deareft Gud- dame, CMarie Qiieene Dowrier, and Regent of thisRealme for the time : Ane ordinance and Acf of Parliament was maid, anent the flauchter of parties in perfute and defenfe of their acfiones : Quhilk Act, althoucht in the felfe maift profitable and neceflarie, to have bene ane perpetuall law in all rimes thereafter, for reprefling of proud and undantoned braggares, boafters, and oppreflburs of their parties: Zit was the fame only temporall, for the fpace of three zeires, after the making thereof: Quhilk Act, die faid Advocate, in name, and for the caufes forefaidis, defired to be renewed and eftabliihed in ane perpetuall Law in all times cumming, with the augmentationes following. Upon the quhilk defire, our Soveraine Lord, willing to follow the gude exemple and intention of his predeceffbres , for the reverence and increafe of Juftice, and aflurance of the parties in perfute, and defenfe of their actiones, and executiones of the fame, lies with advife of the faidis Lordes of his Councell and Seflion, ordained, decerned, and de- clared, that fra this day foordi , in all times cumming , gif it fall happen either the defender or per- fewer, to flay, or wound, to the effufion of blude, or utherwayes to invade ane of themaneutherinoKy jjTort, quhair upon they may be criminally accufed, after the railing of fummounds or precepts, and law- Full execution thereof, or in ony time before the complete execution of the decreet to be given there- Jpon : The committer of the flauchter, blude, or invafion, in maner forefaid, or being airt, pairt, ed or Councell thereof : gif it be the defender, fall be condemned at the inftance of the perfewer, or in-
 * afe of his deceafe, of the neareft of the kin of him quha is flaine, wounded to the effufion of his blude,

Mm? to
 * >r invaded, hayand richt thereto, without ony probation of the libell perfewed, except fummar cognition