Page:The Laws and Acts of Parliament of Scotland.djvu/350

 •^g KIN G JAMES THE SEXT to moove aftion nor quarrell thereupon : Nor founde onie exception or defenfe, be vertew thereof, againft the faidis Proved, Bailiies, Councell and communitie, and their fueceflbures, to the effeft that they in all times hereafter, without onie impediment or obitacle, may peaceablie bruik the faidis landes, tenementss, annual-rentes, uther cmolumcntes and profites, to the ufe quhair to they were given of before, as faid is. 1 86. i_Ane mere at granted to Aberdene. OUR SOVERAINE LORDE, With advife of his Eftaites of this prefent Parliament, givis and grauntis licence and libertie to the Burgh oii^Aberdene : To hald ane mercatte and pubhek Faire, with- in the freedome of the faid Burgh, to begin zeirlie hereafter upon Monondaie, immediatlie before WhiU Jkndale: And thereafter to continue for the fpace of audit daies, with the haill jurifdicliones, freedomes^ toil and cuftomes of the fame. 187. t_Auent confirmations of Kirk-landes, fubferihed ofauid be the King , and under the privie feale. OUR SOVERAINE LORD, underftanding diverfe infeftmentes of few-ferme, to have bene granted of auld be the Prelates of this Realme, of their Temporal landes, in favours of his lieges, lauch- fuilie maid for juft caufes, and with all folemnities requifit : And findrie infefoiientes , nocht oneiy granted bee the faidis Prelates, and their convent, under their commoun feales and fubferiptiones : Botals, bee the fpecial confente and authoritie of his Hienefle Predecefibures, of gude memorie , Narnelie , his Gracis Gud- fchir King JAMES the Fifth, under his fubfeription and privie feale: Quhilkis according to the Eftaite of time were lav/full fecurities, to the receivers thereof, and needed na particular confirmation to be inter- poned thereto, ather be audioritie of the ?#//>, or of our Soveraine Lordis Predecefibures ; diere being na Law, ftatute nor constitution received , oblifhing the fubjecles thereto. And in-cafe ony confirmation had bene requifite, the faminculd import nafurder in effect or fubftance, then the confent of the Prince, under his feale and fubfeription ; According to the quhilkis infeftmentes, the tewaris and utheris , having richtfra them, their fueceflbures , alfweiil particular , as univerfall , lies bene eftablilhed in the full richt of the faidis Temporal landes, perteining to the faidis Prelates, be vertew of the faidis fewes, fwafetinmaner forefaid: And nevertheleffe, utheris affecting the fame Kirk-landes, and takand occafion of certaine late ftatutes, maid anent the confirmation of the faidis Kirk-landes ; quhilkis tooke beginning and firffc foundament, anent the fewes of Kirk-landes, fett fen the Moneth olCfttarche, die zeir of God, ane thoufand, five hundreth, fiftie audit zeires , Albeit be polteriour ftatutis , extention is maid baith to new and auld fewes : Hes pur chafed on their pretended maner, our Soveraine Lordis confirmation thereupon; to the prejudice of the faidis firfl fewares : Tending to exclude and debarre them thereby f ra their richt, and to acquire the propertie of the faidis landes to tbemfelves, onelie upon pretext of the faid confirmation ; His Hienefle not willing that the lauchfuil richtes and fecurities of the parties, acquired be them after fa lang fpace, fall be hurt or prejudged , be quhat-fum-ever Lawes or conftitutiones fubfequent: Or that firangers and thrid perfons quha lies never bene kindlie tennentes in the faidis landes, fall upon new fewes and confirmationes thereof, purchased be them, prejudge the faidis firfl fewares, onelie upon pretext of wanting of ane ordinar confirmation, according to the faidis late ftatutes : OUR SOVE- RAINE LORD with advife and confent of the Eftaites, aflembled in this prefent Parliament, lies fta- tute, concluded, decerned and ordained ; Andbethirprefentis, ftatutis, concludis, decernis and ordainis, all and findrie the faidis infeftmentes offew-fermes, fett ofauid, be the Prelates of this Realme, to quhat-fum- ever his Hienefle Lieges and fubjecles ; of quhat-fum-ever Temporal landes, offices, rentes, rowmes and pof- feffiones, being authorized be the fubfeription of his faid Gud-fchir , or ony his Predecefloures , and their privie feale, in takin of their confent interponed thereto, to have bene fra the beginning, to be prefentlie, and in all time cumming, gud, valide, lauchfuil, perfite, and effeduali infeftmentes, to the awners thereof, their aires and fueceflbures, alfweiil particular , as univerfall : To the effecl they may peaceablie bruik, joyis , and pofiefie the landes , and utheris conteined there-intill : And gif neede beis , to call and perfew, be vertew thereof, quhat-fum-ever perfones purchafers of ony pofterior infefanentes of the famin landes, with his Hienelle confirmationes interponed thereto ; for retreating and refcinding there- of: And the faidis firft infeftmentes, fwa maid and granted, as faid is, to make full faith in judgement, and out-with, to produce full action and exception, and to be preferred to quhat-fum-ever pofteriour in- feftmentes: Notwithftanding the famin wantis ane ordinar confirmation, having the confent, fubfeription and privie feale, as faid is : and fwa oft as the famin fall be produced in judgement , adier for foundament ofonyadion, or for prieving of ony exception or reply, in quhat-fum-ever judgement orinflance, quhair as the contraverfie fall ftande upon want and in-laik of confirmation, and that ather the Taipis confir- mation, or his Hienefle, or his Predecefibures confirmation is alleged, and offered to be provin {in forma Jpecifica) upon mutuall convention of maintenance of twadiverie fewes, the ane auld, fet with the faidis folemnities : And the uther lait, and authorized be confirmation , quhidder the fame be before litif-contefta- tion, or thereafter, ufed for probation of the libell, exception or reply , in quhat-fum-ever inftance , adier upon perfute of reduction or utherwife the famin fall be balden and repute , now and in all time hereafter, as