Page:The Laws and Acts of Parliament of Scotland.djvu/300

 '8 KING JAMES THE S E XT 6 o. The places appoyntedfor Proclamation, andferving of Brieves. ITEM, For the efchewing of fik hurt and inconvenient in time dimming, as findrie parties heretofore hes fufteiried, throw Proclamation of Brieves at places doubtmll , and appoynting diem to be ferved in places incertaine, far diftant fra the head-Burrowes of the Schireffe-dome , quhair the Lands-lies , quhilk hes maift freauenriy'occurred in fum SchirefFe-domes, quhair there is fum uthers jurifdiclions of Stewardries or Baillie- ries. within the bounds of die fame Schirefle-domes, and fum SchirefFe-domes , quhairof the head Burrows ar decaied or fallen in difluetude. For remeid of the quhilk inconvenients and doubts in time dimming : It is ftatute and ordained, that all Brieves for fervice of landes, lyand within the bounds of the Stewardries of Stmt heme, and Cfrfenteith , fall be proclamed at the mercat Crofle oiTerth , and to be ferved at the places ufed & woont within the faids Stewartries. All within the Stewartrie of F//£,be open Proclamation at the mer- cat-croceoftheBur2,hofC^/i?rz«F//^. All within the Bailiieries of Kyle, Carrie! , and Cunninghame , at the mercat croce of the Burgh oiAir. All within the Stewartries o{Kirkcudbricht and Annandaill, at the mercat croce o{T>rumfreis, And that the places of ferving of Brieves , and halding of Courtes to that effect be alwayes in the Tolbuith of the head Burgh of the Schire, Stewartrie or Baillierie , or uther pairtes within the fame Stewartries, and Bailiieries , quhair Brieves were maift ufually ferved , and Courtes halden to that eifect of before. 6 1 . Ane laick patrone infeft in the richt of patronage, wed-fet be onie his predeceffoures , after the Redemption theirof, cannot be hurt, be langpcjfejjion of ane Ecckjiajticallperfon. UR SOVERAINE LORD, With advife of his three Eflaites of this prefent Parliament, under- Handing that diverfc Earles, Lordes, Barronnes, andudierishisHieneileFree-halders, being infeft in their lands and Banonnies, with advocation , donation , and richt of Patronage of Benefices : T hey have annalied certaine of their landes and Barronnies, in wed-fett , under reverfion , through the quliilkis alienati- ons, the faidis landes and Barronnies lies remained widi the perfones receivers dieirof in wed-fett, ane ioo. zeires and mair. In the meane time, certaine Prelates , Abbotes , or uther Ecclefiafticall perfones, havand richt or title, cled them with the faidis Benefices, and thereby, quietlie intrudis them in the poOeffion and richt thereof, in default of the faidis Patrones, quha take na regarcf thereto , during the faid none-redemption of the faidis wed-fettes. Quhair through, the faidis juft and lauchtull laick Patrones of the faidis benefices, hes bene heavelie prejudged in their richtes and prefentations of the fame in time by-gane: Therefore for remeid theirof, It is ftatute and ordained, be our Soveraine Lorde , that na pofleflion apprehended bee Bifhoppes, Abbotes, Priors, or uther Kirk-men, ofquhat-fum-everParfonages, Vicarages, Chaplana- ries, Prebendaries, or uther Benefices, belangand to the faidis Fries, Lordes, Barronnes, Free-halders, cr utheris laick patrones, and quhairin they arfpeciallie infeft be their chartoures, fall be ony waies hurtfull or prejudicial to their richtes and titles, of the faidis laick patronages , after redemption of their landes and wed-fettes, alfweill alreadie ufed in times by -pail , as to be ufed : Bot that the faidis laick patrones may as freelie bruik, joys , and ufe their faids Patronages , and prefent qualified perfones thereto at all times : fik-like as the faidis Kirk-men had never apprehended poffeflion of the fame, and notwithflanding thereof. 6z. The principal gift of 'Tenfions fnld be produced ', and 'the famin being improven, The con- firmation, and all decreets following there-upon, ar null. UR SOVERAINE LORD, and the three Eftaites of this prefent Parliament, having confi- deration how that findrie Benefices within this Realme, hes bene burdened with counterfaicled and in- valide giftes of Penfiones of victual, or filver, or fpecial affignation of haill Kirkes, with fruites theirof; And upon the faid feinzied and invalide giftes, lies obteined his HienelTe, or his Predecefloures ratification, aitherin Parliament, oroutwith, and but onie fight of their principal gift, upon their onelie ratifications and confirmations, lies obteined decreetes before the Lordes oiSeilion, and utheris Judges, quhair in-cafe they had produced onie principall, aither the fame vvald have bene found invalide , or the falfed theirof walde have bene tryed or knawen. Therefore it is ftatute and ordained, be OUR SOVERAINE LORD, and the three Eftaites forefaides, in time cumming, that quhair ever queflion or controverfie fall arife , upon the Penfioas to be purchafed or obteined, be quhat-fum-ever perfons, alter the dait hereof: Or upon the in- validitie of the famin Penfiones, thepartiefuiterofthefaidPenfion, fall be halden to produce the principal gilt and penfion, To the quhilk their ratification and confirmation fall be relative , at the defire of the partie, quhais benefice is burdened bee that penfion, utherwaies they fall be fecluded fra all richt, to the faid pen- fion, or ony part thereof. And in-cafe the principal gift and difpofition, beis outlier improven or reduced be the Judge ordinar: In that cafe the faid party pretendand richt to the faid penfion , fell never be heard to acclaime onie benefite thereby : Notwithftanding onie ratification , confirmation, decreetes, or letters in the four formes following there-upon: Quhilks the faidis Lordes declaris, needis na reduction in this cafe, in times cumming : The grounds to the quhilks , the faids ratificationes , confirmationes , and decreetes is re- lative, being tane awaie. iy The