Page:The Laws and Acts of Parliament of Scotland.djvu/354

 ii x% KING JAMES THE S E X T and aflumptiones thereof, fen the firft aflumtiones of the faidis thriddes , maid in the zeir of God , ane thou- sand, five hundreth, threefcore ane zeires : The faid Coliectour to have recours to the firft affumption, for-fameikleofthe faidis thriddes, as the familiar diminilhed, bethclaftaflumption: And to charge for the ii fame, without refpect of ony penfion, tack, life-rent, or difcharge of die faidis thriddes, -m&fuPer-plusA or oniepart thereof, altered or diminilhed in the rentailes, fen the firft affumption of the thriddes , as laid is : I Swanow, our Soveraine Lord , be advifeofhisEftaites in this prefent Parliament; ordainis and gives, full I ncht and power, be the tenour hereof , to the Queene his deareft Spoufe , our Soveraine Ladie.be her felfe, orherChamerlane, in her awin name and to her proper ufe and behoove : To askc, crave, receive, in- 'i tromette with & up-take,the haill thrid of the faid Abbaie and Lordfhippe of c Dumfermelhie : Sufteining the I Minifters, ferving at the proper Kirkes thereof, in ftate as they were afiigned , at the time of the making of the faid Morning gift , orfurderat her gude pleafure : And that the IVhit-Jiindayes terme laft by-pait ,& , Mdrtine-mes, nixt-to-cum : AndofthecroppeandzeirofGod, anethoufand, five hundreth, fourfcore I threttene zeirs : And fiklike zeirlie in time dimming , during her life-time : according to the firft afiump- tion of the thrid oi'Dumfermel'me, and corapt maid thereof in the crop and zeir of God , ane dioufand , five hundreth, threefcore ane zeires : And fiklike, ordainis that the Lordes of Counccll and Seffion, fall na- • wayes graunt onie fufpenfion or relaxation fra the home, to onie perfone or perfones , charged or denunced, for payment of the faid thrid of TDumfermeline, altered or diminilhed fra die firft and bell rentall, as faid is, ] quhill the fummes and victualles charged for, be firft payed to her Majeftie, and her Chalmerlane in her j name: Nonvithftandingquhat-fum-ever penfion, tack, life-rent or difcharge, purchailed, or to be pur- i chaffed, of the fame thrid, quhair the firlt and belt rental! is altered or diminilhed as faid is, of this initant j croppe, and zeir cf God, anethoufand, five hundreth, fourfcore direttene zeires, and zeirlie in time cum- j hiing, during her life-time , as faid is : Bot that the faidis Lordes , fall repute and efteeme the fame as null j inthefelfe : And the faid nuilitie to be received , alfweiil be way of exception , as action ; But prejudice nevertheless of quhan-fum-ever heritable infeftmentes, granted be our Soveraine Lord , quhairby the condi- tionofthefaids thriddes ar altered or diminilhed : Attour, our Soveraine Lord, with advife of his Eftaites of Parliament, in refpect of the faid Morning gift, fa faithfullie and foiemnedlie promifed to beeupfett and maid gude: decernis and declaris, all giftes and provifiones , maid of the title of the Kirkes of the faid Ab- baie and Lordlhippe, fen the daitofthe faid Morning gift, to quhat-fumever perfones ; to be likewife null fra the beginning, and to be in all rimes dimming, ofnane availe, force nor effect : And the faid nuilitie to be received, be quhat-fum-ever Judge , alfweiil be way of exception , as action; Notwithftanding ony, difpenlation or Aft of Parliament, maid or to be maid in the contrair. Mairattour, our faid Soveraine Lord, with advife of the faidis Eftaites of Parliament, confidering that the Queene his deareft Spoufe , is infeft and j faifedindiefaidLordihippeof ^Dumfermeline , granted to her in Morning gift, as faid is, during her life- time, with tennentes, tennandries, fervice of free-tennents , advocation, donation and richt of Patronage of Kirks, Benefices, and Chaplanaries perteining thereto. And that her Majeftie is likewife infeft in lyfe- renr, inthefaidEariedomeof Fife, and Lordlhippe of Linlithcow. And attour and befide the fame, in the thrid part of the propertie of die Realme oi Scot land; and all Proventes , rentes and emolumentes of the j fame propertie , perteining to his Hienefle , or propertie of the Realme , ail ratified and apprieved be his Hie- nefle and his Eftaites of before in Parliament. And to the effect that the fame may be the better preferved from unprofitable difpofitiones, in time dimming ; and his Hienefle , his Eftaites and Realme the better re- lieved : Her Hienefle, with his Majefties fpeciall advife and confent, ties nominate certaine perfones of his Hienefle privie Councell, Seffion and Checker : They ar to fay , Alexander , Lord of "Urquhart , Pre- fidentoftheColledgeofJuftice, Walter, Commendatar o{ Blantyre , Keeper of the privie Seale , Mai- fter John Lynde 'fay of Bale -arras , Maifter James Efyh'mftotm, ollnner-nochtie , Maifter Thomas Ham- 'imn oi c Drumcarrae , Alexander Hay of Eajler-Kennet , Clerk of Regifter ; And Maifter Teter Toung of Sealoun Eleemofynar to his Majeftie , to be alfwa of her Hienes Councell , in thinges tending to her honour and commoditie ; inbringing and fpending of her living ; and in the administration of the aires concerning the famin living, namelie in hearing of the compts thereof, and touching the palling of prefentation of Kirks and Benefices , Prebendaries , Chaplanaries , and Altarages : or Mai- fters and Members of Hofpitalles, quhairof her Hienes lies the gift and richt of Patronage. And in re- ceiving and entring of free-tennentes, upon retoures , or clare conftat , or upon refignationes , or in granting of conhtmationes : Or fetting of tackesoflandes, teyndes, or utheris pofieffiones , or making of quhat-fum-ever difpofitions. Quhilkis Counfellers, lies maid faith to give her Hienefle their trew advile and counfell in the premifles : Like as her Hienefle, with advife of our faid Soveraine Lord her husband, for his ihtereft, is weill contented : and lies promifed in the word of a princefie , to follow the gude advife of her Hienefle Counfe) loures in the premifles. And that flie fliall not detcronate her faid Morning gift, or uth'er her faid life-rent landes and living , be her deede and occafion : And that na writ, evident or precept, that fall be prefented there-anent , fall be paft their Majefties hands , quhill the fame be firft feene, red and deliberated considered be her faid Councel, and fubfenbed be them, atthcleaft foureof them conveened togidder: The faid Lord Prafident alwaies being ane, teftifiand the matter to be lauchfull, and for her Hienefle honour and commoditie, without the quhilk her Majefties feale fall not bee appended nor affixed thereto : Nor the fame writ , evident or precept fall be ofnane availe , force nor effect , to the Purchaser. To