Page:The Laws and Acts of Parliament of Scotland.djvu/324

 IOZ KING JAMES THE S E XT the fuftentation of the Minifters, or his Hienes honourable Eftaite , and the comnioun weill of the Realme : His Hienes, and his umquhile deareft Mother , lies bene moved to make difpofition of the {aid fitpr-fhu in penfion , or to difcharge and give the fame free , to certaine polTeflbures of benefices : Or to make tackes and afledationes of the fame thrides, commoun Kirkes, Friers-landes , and rentes thereof : Quhair-throw there remainis little or nadiing to be difponed on, athertobe modified, affigned and appoynted for fiyinges and ftipendes, for fik qualified perfones , as God may raife up hereafter meete to enter in the function of the mi- nifterie, or to fupplie the pubiick affaires of the Eftaite of his Hienefle Realme. Foravoydingoiquhilkinconvenientes; albeit diverfe revocations of the faidis giftes, tackes and difpofi- tiones, lies bene maid before, and namelie be his Hienefle umquhile deareft Mother, after her perfite age, intheMonethof^fc^ifr, anethoufand, five hundreth, threefcore fex zeires : And thereafter be his Hienefle, with advife of the Regentes for the time, in die Moncth of Aitguft , the zeir of God , anethou- fand, five hundreth, threefcore threttene zeires : As aifwa in die Parliament, halden at Edinburgh , the zeir of God 158 1, and 1584. zeires. And laft oi all, in the Parliament, halden after his Hienes perfite a^e of twentie ane zeires compleit, inthe Moneth oijulij , laft by-paft. By the quhilk revocationes, rs- j^^iwforefaidis; It is foundenalfo be his Hienefle deareft Mother, after her perfite age: As likewife be his Hienefle felfe, and three Eftaites conveened in Parliament : That die faidis dirides of benefices, and fitter-plus thereof, commoun Kirkes, Friers-landes , and rentes being atlumed and taken in his Hienefle handes, for fuftentation of the Minifterie, and fupport of the pubiick affaires, might not be difponed nor given uther-wayes, but applyed to the fame ufe and effect , that they were ordained to , at the beginning : And that fpeciallie, in refpect that therecanbena_/?^r-//?/i"of the faidis thriddes, unto the time that the faidis Minifters had bene fuflicientlie placed and provided of their ftipendes : Quhilkis being variable from zeir to zeir, the condition alfwa of the faidis fufer-phis , behooved to be incertaine , and confequentlie cuid not be difpo ned but from zeir to zeir : And that after the faidis Minifters affignation, and fufficient, provifion of his Majefties houfe , quhilk was fpeciallie meaned and underftand , under the name of the faid pubiick affaires : And therefore , all fik giftes , Penfiones, tackes and difpofitiones of the faidis thrids, commoun Kirkes , Friers-landes, and rentes thereof , granted be his Hienefle deareft Mother, or be his Ma- jefties felfe; Orudierwayes be his Pvegentes, alfweill confirmed in Parliament, as un-confirmed, be exprefTewordesof the faidis Revocationes confirmed in Parliament, ar decerned and declared to be of nane availe, force nor erf eel, but onie declaratour or proceffe of reduction, as the famin in themfelves, at mair lengdi proportis : Zit neverthelefle, the faid revocation, be the famin , as before , lies bene evacuate and frultrate, and the faidis giites and difpofitiones partelie ratified, in his Hienefle laft Parliament, partelie renewed after his Hienefle perfite age, to the fame perfones , and utheris of the like qualitie, quhairthrow the firft intention of the faid Attes, islikelietobefruftrateinalltimes dimming •. Like as alfo, fit ft be Act of fecreit Councell, andnixtbe Acfe of Parliament; Itisftatute and ordained, that all Benefices of cure, under Prelacies , fall be prefented be his Hienefle, and the laick patrones , in favour of the able and qualified Minifters, apt and able to enter in that function, and to difcharge thedevvtie thereof: Quhilk in like-wife, lies tane na effect : But contrair the exprefle ftatute and meaning thereof, the faidis benefices lies bene difponed to bairnes, and utheris perfones, altogether un-able for the faid office and function: Sum-times be difpofition, and utherwife be fraudfuil refignation , of the ufu-fructuares , with provifion ne- verthelefie, that the famin fall remaine widi the ufu-fructuares, during their life-times, expres againft all gude Lawes received in ony aige of before : $wa that the onelie twa meanes of the advancement of the glorie of God, quhilk confiftis in the faidis dirides, commoun Kirkes, and difpofitiones of the famin fmall benefices; Is be the malice of inconfiderat perfones, alluterlie fubverted , quhairby great con- fufions lies entred, and diverfe inconvenientes like to follow , gif timous and fubftantious renieid be not pro- vided : FOR remeid quhairof, and reformation of the faidis abufes of the thriddes, commoun Kirkes, Frieres-landes, and rentes; and reducing of the famin to their firft inftitution : O U R S O V E- RAINE LORDE, with advife of the Lordes of his Hienefle fecreit Councell , Seftion and Checker, all in ane voice, findisand declaris, diat the thrides of Benefices , commoun Kirkes , Friers- landes, and rentes, being onlie deftinat to the twa ufes abone fpecified, according to die faidis Acres of Councell, Parliament and revocation forefaidis following thereupon , might be difponed , given or em- ployed na utherwayes, bot to the faid ufe and eft eel , for the quhilk they were appoynted at the begin- ning. And fik-like, that na penfions , tack, or life-rent , of the faid fiipr-phis , or onie commoun Kirkes, micht or may be difponed in time cumming, for onie langer fpace , nor the (pace of ane zeir : And that after the making of the zeirlie affignationes of the Minifters ftipendes , and fufficient provifion , for fufteining of his Majefties houfe zeirlie. And therefore decernis and declaris , all and quhat-fum- ever penfions , life-rentes, and tacks purchafed , or to be purchafed ( Quhairby the faidis thrids , foper- plm thereof : or the firft and beft rentalles of the commoun Kirkes, Frieres-landes, and rentes abone writ- ten, lies bene diminiihed or altered, fen the laft aflumption of the faidis thrides) granted athcr be our SO- VERAINE LORDIS deareft Mother , or be his Hienefle feife , to quhat-fumever perfon or perfones, upon wrang report and importune fuites , without onie cognition , preceeding of the fuftcniation of the Minifters, within this Realme, and fufficient provifion for fufteining of his Majefties houfe, to have bene from the beginning , and to be in all time cumming , of nane availe , force nor effect : Notwithstanding quhat-fumever confirmation , or ratificationes following there-upon: and therefore ordainis the Collectour generall