Page:The Laws and Acts of Parliament of Scotland.djvu/286

 *6 4 KING JAMES THE S E X T famelibertie, power and Jurifdi&ion, quhilk they had before in a&iones and maters Civill : And be the faid annexation, there fall na furder power, jurifdi&ion or authorise , apperteine to our faid Soveraine Lordis Schirefies, nor accrefce unto them : Bot their faid power and jurifdidtion, fall remaine in the fame Efcaite, limitted as the famin is , at this prefent , according to the auncient Lawes , and confuetuJe of this Realme. AND Furder, the faid heritable Stewart or Baillie of the faid Regality, fall have the fame power quhilk he had before, to replege from the SchirefFe or his deputes, in all caufes and actiones criminall or Civill, quhair replegiation was granted of before ; And gif the faid Schireffe and his deputes refufis to admitte the laid replegiation, he and his deputes fail be punifhed therefore , and his procefie led in the contrair , fail be of nane availe. And in caufes criminall, the faid-Baillie or Steward of the Regalitie , fall be Judge compe- tent in all maner of crimes, quhairin the Lord or Baillie of the Regalitie was accuftomed to be Judge in times by-pafl. And albeit our Soveraine Lordis Juftice generall, Lieu-tennent , or Juftice in that part , be fpeciall commiflion, fummoundthe ofTender, indwelier of the Regalitie, to compeir before them , to underly the Law for the crime , for the quhilk he fall be delated ; The faid Baillie or Stewart of the Re- galitie, fall have power to replege fra our faid Soveraine Lords Juftice forefaid , to his awin court ; in cafe he have prevented be apprehending of the offenders .perfon ; or be his Summoundes, firft directed and execute a<?ainft the offender, beiore our faid Soveraine Lordis Juftice , apprehended the perfon fufpected or delated for the oflenfe and crime : Or execute fummoundes upon him, to underly the Law therefore. Bot our faid Soveraine Lordis Juftice generall Lieu-tennent, or commiffioner fall be Judge competent, in-cafe of prevention upon his part , be the apprehenfion of the trefpafiour , or firft execution of the fummoundes againft him, and in that cafe the faid Baillie and Steward of Regalitie , fall have na power to replege ; Bot gif he pleafis, he fall be adjoyned to the Kingis Juftice , and Judge with him. And in-cafe of conviction, the faid Bailie and Stewart heritable, affiftand to the Judgement , fall have fik part of the efcheit , as he may claime be vertue of his Office, and infeftment given to him there-upon. And it is alfwa decerned, ftatute and ordained, that na Baillie nor Steward heritable, of ony Regalitie , fall hereafter be heard to replege fra our faid Soveroine Lordis Juftice air, halden be his Juftice generall •. Bot he fall be adjoyned, gif he pleafis, to the Kings Juftice, and fall have fa-meikleoftheun-law and penaltie of the perfones delated , as he audit to have be the richt of his infeftment. ofwtm. IN Like maner, it is ftatute, that in all hoftes and itmies, the inhabitantes of the landes within the faidis fan and g a j}[ er j es anc j Stewardries, fall be under the commandement of the faidis Baillies and Stewardes heritable , Jtbawinges. in fik maner as they were woont to aflemble, with the faidis Prelates and Baillies , in time by-gane. As als fall rive mufters at rheir weapon-fchawinges before them, according to the Acle of Parliament , under the paines conteined therein, to be up-lifted to the faidis Baillies and Stewardis ufe. And Mair-attour, it is fpeciallie provided , that notwithftanding of the annexation of the temporalities of £*«jw«j. benefices to the Crown : Zittheconventuallbrether, of the Abbay oi Dumfermeling, fall na wayes be prejudged and hurt anent their Livinges, Portiones, penfiones , zairdes and dewties of the faid Abbay: Bot that they andeverieaneofthemmaypeaceabiiebruik, joyis and uplift their portiones, penfiones, liv- inees, zairdes and deutiesofthe fame Abbay, during their life-times; Conform e to their giftes fpeciall af- filiations thereof, and to OUR SOVERAINE LORDS ratification and confirmation there-upon in all poyntes. THE Quhilk day, OUR SOVERAINE LORDE, fittand in Judgement in plaine Parliament, be his declaration maid in prefence of his three Eftaites, faved and referved to himfelfe, libertie and priviledge to except and referve foorth of the Acles, of the annexation of the Temporalities of benefices to the Crown, of the diffolution of the temporalities annexed, of his hienes revocation generall , and of the ratification of the pacification, and abolition, all fik perfones , caufes and matters , and with fik provifiones, limitati- ones and reftriftiones, as to his Majeftie fall feeme expedient. Quhilkis his Hienefle ordainis and com- mandis his Gierke of Regifter, to infert and incorporate within the bodies of the faidis Acles. The famin exceptiones and refervationes being delivered to him, fubferibed be his Hienefle , and his Chanceilar , be- fore the fifteenth day of Auguft nixt-to-cum. AND Further, OUR SOVERAINE LORD, According to the libertie and priviledge faved to himfelfe, fittand in Judgement , in plaine Parliament , lies excepted foorth of the faid generall annexation , the Temporalities of the Abbacies otColdinghame, and Keljd , and Celie of Lcjmahago : Declaring them aszitto remaine with the faidis Abbaies and Celle, in the famin eftate, quhairin they then were. And that they were not comprehended in the annexation forefaid : Bot to remaine with them quhill furder ordour be taken. And hes declared, that it fall be lauchfull to his Hienefle, to ufe the fuperioritie and few-fermes of the landes of Lethame, lyand within the Schirefl-dome of Fife ; Being a parte of the Patrimonie of the Bifchopprick of Sa'mt-x^kdrewes : All and findrie the landes and utheris , after fpecified, quhilkis ar ane parte of the Patrimonie o£~Lincluden : They ar to fay, the five marke-lande of little T)rybnrgh ■. The five marke-lande oiT)rum-jarg : The five marke-land olErnpMllane : The five marke-lande of Erne- erage: The five marke-land of Blarome : The five marke-land of meikle Dryburgh: The five mark-land of Chapnantoim : The five mark-land of Blacherne : The five mark-land of Ernenimzie : The five mark-land of Cirtnotrie : The come milne oiCorf-CMlchael : The five marke-land oiGarrantoun : The twa mark-land & ane halfe oi Black-par ke : All lyand within the Barronnie of Corf-Michael, & Stewartrie of Kirk-