Page:The Laws and Acts of Parliament of Scotland.djvu/284

 Z 6x "KING JAMES THE SEXT ¥e?.iioncs. "Til? mintt rfiurct. .uai-rentes, and their uthcr rights and tides quhat-fumever, after the forme and tenour of the feme in all
 * vynts: And oiirfaidSoveraine Lord, and his Hienefle Succellbures , fallbe hereafter immediatfuperiour
 * o : I -.cm : Like a - they fall becum, be vertew of this prefent Act , immediat rennentes and vaflalles to his

Hienefle, and their SucccfToures, intheirfaidisLord-ibippes, landes and tenementes , for payment of the thereof; in the fame fort and maner, as they micht have bene oblifhed to the faidis Ecclefiafticall perfones, auther-wayes. And that be the fame infeftmentes, takkes, richtes, and titles, quhilkis the faidis po.floffbures hes of the fame : They fall bruik, joyis and poflefie dieir faidis landes. And it fall not be nc- ceflar to them ; to alter their faidis infeftmentes and richtes : Nor to take the fame of new of OUR SO- VERAINE LORD, Notwithftanding the tranflation of the fuperioritie in his Hienefle. AND Becaufe there ar divers penfiones, granted to mony perfones loorth of the faidis annexed landed, alfvveill be the faidis Prelates, and utheris Ecclefiafticall perfones, as be OUR SOVERAINE LORDE, the benefice vaikand in his Hienes handes, ather throw deceafq , or be ptocefle of forc-falteut or barratrie, led againft the pofleflbur of the Benefice. OUR SOVERAINE LORD, and his faidis three Eftaites of Parliament, decernis, and declaris : That the faidis penfioners, fall nawayes be hurt nor prejudged in their faidis penfiones (they being lauchfullie provided thereto) be the faid annexation. Swa that the faidis Penfioners have bene authorized be decreetesoftheLordes of Councell, or uther Judges or- dinar : Or have bene in lauchfull poflefiion of their penfiones, at ony time preceeding. IT Is Alwayes declared and decerned, be our Soveraine Lorde , and his faidis three Eftaites in Parlia- ment ; That in- all and findry landes, Zord-fhippes, tenementes, annual-rentes , uthers profites & com- modities quhat-fumever, properly comprehended in the faid annexation : Our faid Soveraine Lord , and his SuccefTours, fall have the only and full richtofthe fuperioritie of the tennendries, fik-like, and in the fame maner, as the faidis Ecclefiafticall perfones had the lame of before. And that the aires of the prefent herita- ble poflefibures in all time cumming, fall enter be Brieves of our Soveraine Lords Chappell alianerly •. quhilks Brieves, fall be direct to the Schireffe of the Schire quhair there was na Regalitie before. And quhair there" was ony Regalitie quhilk hes now ane heritable Bailiie or Stewart, the fame fall be directed to die faid Bail- lie or Stewart and their deputes. After the fervice of the quhilk Brieve , the famin being retoured to OUR SOVERAINE LORDS Chancellary, quhidder the faidis landes lie in Royaltie, or Regalitie; The partie fall have precepts to be feafed , halden of our faid Soveraine Lord according to his retour , be the fame conditiones , as our laid Soveraine Lordis uthers tennentes have bene feafed be preceptes , direct furth of the Chancellary of before. In the quhilk precept commandement fall be given , to the iSchirefte , Steward or Bailiie , to quhom the fame fall be directed , to take fecuritie for the dewtie awand to our faid Soveraine Lord* as the caufe fall require be the retoure ; As the cuftome hes bene in the Kingis tennendries in times by-paft. 'AND BECAUSE OUR faid SOVERAINE LORDE, and his Succefibures , ar decerned and declared be the tenour hereof, to have the full richt to the fuperioritie of the faidis tennendries of Kirk- lahdes : IT IS THEREFORE ftatute and ordained, that his Hienefii? and his Succellbures, fall have fufficient richt, action andintereft, for compelling of all and findrie the faidis tennentes, nowe pre- fendic being, and their aires and fucceffbures that fall be for the time ; To pay the dewties, anddothefer- vices conteined in their infeftmentes, in all time cumming. AND in-cafe the claufies and conditioner of the faidis infeftmentes, be contraveened , his Hienefle and his Succefloures fall have Action to retreit & reduce the faidis infeftmentes, according to the claufies , conditiones and reftrictiones Ipecified therein ; & of ony fault, offenfe, or contravention, that fall be done , or committed in time cumming alianerlie. And his Hienefle and his Succellbures, fall not have action, title, power or richt , to call ony of the faidis in- feftmentes or takkes and afTedationes of ony of the faidis Kirk-landes, qnhilkis ar maid be them quha had power to make the fame, or ony richt or title depending thereupon, in queftion : Nor zit to perfew the redu- ction, annulling or expyring thereof : Nor zit fall his Hienefle , nor his Succellbures have 01 ie maner of Action, richt or title, to retreit, reduce or an null, quhat-fumever infeftmentes , of the faidis Airk-landes, clewlic and lauchfullie confirmed be him or his Predeceflbures, for diminution of the rental : Swathat the faid diminution be nocht of the auld penny-maill, de liqiudo adliqmdtm : And his Majeftie and i lis Succef- iours, fall nawayes be heard to quarrell the faidis infeftmentes of few-ferme, for converfion of th e victuall in filvercleutie : Or for ony uther reafonor caufe of nullitie, invalidine, lefioun or hurt : Or be r cafon of quhat-fumever Law, Cannon , municipal! , ftatute or conftitution : Except in the caufes forefaidis, i or none payment of the faidis deuties, and dew fervices in time cumming : According to the reftrictiones coi iteined in the faid infeftmentes. AND ALS Except, and quhair O U R faid SO VERAINE L Q R D E, & his Succeflbureg, may havequerrell, or imprieve the faidis infeftmentes, gifonyof them be fais and feinzied : In the quliilkis caufes alianerly his Hienefle and his Succefiburs, fall have place to perfew , and be the tenour of this pr. :fe«£ Acte, ar, and (all be expreflie and continuallie excluded fra all uther action, caufe and perfute, except: the caufes forefaidis. faiibmik ' AND Mairover , our faid Soveraine Lord , And his diree Eftaites in Parliament , for the greater i iflii- th t e for'ltl railccro tlw faidis fewaresandfree-tennents, declaristhat it fall notbelefumto him nor hisSueceflbu res: '•'beirZyl AnJ tnat uis Hienes nawayes means nor intends , directly nor indirectly , to harme or prejudge , the «*«• ' fa idis T-:drB:im ofinfift- ■s: cmes.
 * wtie and fervice, conteined in their infeftmentes , takkes and affedationes , and utheris richtes and titles