Page:The Laws and Acts of Parliament of Scotland.djvu/285

 kLLEVENTH PARLIAMENT. XXIX. of July. i?8 7. x6 5 faiulis fewares and free tennentes, their aires and fucceflbures in their roumes and pofieffiones , perteining to them for ony caufe , except for the fpeciall caufe above excepted ; Bot that they fall bruik their faidis landes, fewes and tennendries, als freelie in all refpedtes , for payment of the deutie , and fervice conteined in rhdr infeftmentes : as onie his Lords , Barronnes, fewares, and free-tennentes , quhilkis was immediat valTuiles of auld, hes bruiked arid joyfed their faidis landes and heritages -. Or prefently bruikis or joyis the lame, but ony difference hereafter. AND Becaufe the teind-fcheeves, and uther fmall teindes of all landes within thisJlealme , ar expreflie iewi/fik excepted foorth of the faid annexation, and the fame na wayes extended thereto. And thereby it is confi- cura £ c l~ dered, that qucftion may fall out, anent the; payment of the few-fermes of the Kirk-landes, to our Sove- fk raine Lord , quhair in ane infeftment , the landes and teindes is fet togidder for ane dewtie ; And but divi- sion or diftinftion, how meikle fall be payed for the faid land, andhowmeikle for the teind: quhilk may icemeluirtfull to fik ashes the landes fett to them, with the teindes included : And to the Ecclefiafticall Perfones, to quhom the teindes arreferved. FOR Avoyding of the quhilk queftion, our faid Soveraine Lord, and his faidis three Eftaites of Parliament, decernis and declaris, flatutis and ordainis, that the com- ;• prehending of the faidis teindes, and including the fame with the Landes, fall na wayes breik O U R faid - SOVERAINE LORDIS fiiperioritie fbrefaid : Bot his Hienefle fall remaine fuperiour to the haill tennendrie, ftock and teind, after the forme of the infeftmentes. And that the richt of the faid infeftment, fall ftande indivifible, fa farre as concernis the halding and tennendriss. bot the faid Ecclefiafticall perfone, ,. . : fall have aclion and richt to the tenth penny of liquidat mailles, conteined in the faid infeftment. And the uther nine parts thereof, fall perteine to OUR SOVERAINE LORDE: And this to be nocht one- lie of the penny-maill, but of all uther deWties , that fuld be payed for teind and flock ; To witt, that nine partes thereof, fallperteineto OUR SOVERAINE LORDE: And the tenth-part be jufteftima- rion, fall apperteine to the faid Ecclefiafticall Perfon. And that all the Judges and Mi miters of his Lawcs , Within this Realme, Judge and decide according to this ftatute, and na utherwayes ■, how oft as that question fall be mooved, upon die cafe fore -faid. AND For-fameikle, as there is diverfe i?urroVes in Regalitie and Barronnie , within this Realme , ?mm • quhilks were before halden immediatlie of the faidis Prelates, and have bene in ufe to exerce the rrade and e ^ A ^i Z trafficque of merchandife : To make Burgefles, and to eleel Proveftes , Baillies and uthers Offidars , „«. meete and neceflar for the govet nement of their Communities ; Our faid Soveraine Lord, and his faidis three Eftaites in Parliament, na wayes willing that they fall be hurt therein, declaris, decernis, and ordainis, that the)- fall remaine in the fame freedoome and libertie, quhilk they had before the faid annexation, to be hal- den alwayes of our faid Soveraine Lorde, in the fame maner and condition, be the quhilk they held their faidis iibertief, of the faidis Ecclefiafticall perfones before , and na-wiiyes hurt in their rightes and privikdges. And that the ane fort and the uther be not confounded be this prefent Aft , bot remaine alwayes diftincl , as they were in time by-paft : notwithftanding the faid annexation. It is alwayes provided , ftatute and ordained , , that the Proveft , BaiUies, Councell and uthens Officiars , within the faid Burrowes , in Regalitie and Bar- ronnie , quhair they were Proveft and Baillies of before : fall be zeirly elected , chofen , depofed and altered, according to the forme and tenour , of the Actes of Parliament , maid in the dayes of our Soveraine Lordis maift Noble predecefloures , and ratified in divers Parliaments , fen his Hicnene Coronation. Forder the faids Burrowes in Regalitie, and Barronnie, and all lands, tenementes, and annual-rentes , Annual. within the libertie of the fame, quhilkis were halden of the faid Ecclefiafticall perfones before, fall fra this nmeswufa ptefent be halden of our faid Soveraine Lord, and his Succeflburs in chiefe , and the aires fall be entered there- 'sm-'Imf. to, be our faid Soveraine Lords Brieves , to be direct to the faidis Proveft and Baillies, of the faidis Burrowes : and the fervice fall be retoured to his Hienes Chancellary. Upon the quhilk retoure, the Director fall deli- ver ane Precept, in competent and dew forme, with provifion of fecuritie, to be taken for the mailles and dewties of the faidis landes, and annual-rentes, as they fall be retoured : Becaufe the faids Burrowes , ar not his free Burrowes Regall , and were not relived of their none-entries , at the handes of the faidis Prelates, their fuperiors, in times by-paft : And quhair the Prelate received refigriation, or gave entres ; That the Kingis Majeftie fall give it now be ordour of his Chancellary, and quhair the power was in the handes of the Baillies of the Burrowes within Regalities, that they bruik and enjoy their richt and priviledge , as of before. AND Becaufe the faidis landes, Lordfhippes, and Barronies , quhilks before perteined to the faidis mretaih Archbifhoppes, Biinoppes, Abbotes, and utheris Prelates •. There is diverfe our Soveraine Lordis lieges, T ' ailli " & ewnftitute heretable Baillies and Stewardes of the faidis Lordfhippes and Regalities .- Quhilkis heritable Bail- lies and Stewardes, our faid Soveraine Lord intends not to hurt, be the faid annexation. Therefore our faid Soveraine Lord , and his faidis three Eftaites of Parliament, declaris, decernis, flatutis and ordainis, that the faid heritable Baillies and Stewardes , and their aires and fucceflbures , fall now and hereafter abide and remaine , in their richt and title , quhilk they have of the faidis Offices , except in the change of their fupericr, in our Soveraine Lord and his Succeflbures , quhilks in all time hereafter fall be their immediat fuperiour. Like as the faidis heretable Baillies and Stewardes fall be their immediat tennents , and vaf- falles of their faids offices : after the forme and tenour of their infeftments , and for doing of the fervice fpeci- fied in the fame. Further the faidis heretable Baillies and Stewards, fall notwithftanding the [faid annexation, have the J^W/ : Pp i fame ' ""•