Page:The Laws and Acts of Parliament of Scotland.djvu/371

 F I FT E NTH PARLIAMENT. XIX. of December. 15-97. 349 Z4i. t^Anent thriddes of 'Benefices, commoun Kir he s , Friers- landes , rentes, and Be- nefices of cure under 'Prelacies. OUR SOVERAINE LORD, and Eftaites in Parliament, Ratifies, apprievis and confirmis ; the acl: maid be his Hienefle, vvitli advife of the Lordes of his fecreit Councell and Checker , upon the fourteenth day of Februar, thezeirofGod, anethoufand, five hundreth iourfcore feven zeirs : And con- firmed in Parliament, with advife of the Eftaites , upon the fifth daye oijuuij , the zeir of God , ane thou- fand, five hundreth, ninetie twa zeires : Anent the Reformation of the abufes of the thriddes of Benefices , commoun Kirkes, Friers-landes , rentes and Benefices of cure under Prelacies , within this Realme ; And reducing of the fame to their firft inftitution •. to have the ftrength, force; and effect of ane perpetuall and generall Law, in all time dimming : Inallclaufesandarticklesofthefamin, and conforme to the tenour thereof in all poyntes : Amangft all and findrie our Soveraine Lordis Lieges, alfweill be way of action and ■perfute, as be way of exception and defenfe : And declaris and decernis, all and findrie exceptiones , grant- ed in favour of ony perfon or perfones, in the bodie of the faid acl:e , or feverallie in the faid Parliament, hatden at Edinburgh the laid fifth day oijnnij, the zeir of God , ane thoufand , five hundreth , ninetie twa zeires : Or in ony uther Parliament halden thereafter, to be null, andofnaneavaile, force, nor effect, be way of exception or reply : like as gif the famin had never bene given or granted : Providing alwayes, that the exception arid provifion conteined in the faid acl:e and conftitution, touching heretable infef tmentes , fall remairie and ftande in the awin ftrength and effecl:, as ane exception maid fra the faid Acte and Ordi- nance : And fik-like, but prejudice of ony priviledge granted to the College of juftice , or ony of the Lordes thereof. z^r. The twa part of the Benefices vaikand, fall apperteim to tile King. IT Is ftatute and ordained, that the twa part of the Spiritualitie un-affumed of all Prelacies now vaikand, or that fall happen to vaik : And all fruites, rentes , profites , and emolumentes diereof , fede vacaute, fall apperteine to his Hienefle and his Succeflbures, to the fuftentation of their houfes and affaires : And fall on na-wayes be difponed in all or in part, to ony perfon , be way of penfioii , gift or ciifpofition quhat-fum-ever. X43. Anent ratificationes and difpofitiones maid in 'Parliament. ORSAMEIKLE As there is certaine Generall and Originall Lawes, quhairby expres provifion is maid, that his Majefties propertie and annexed Temporali tie of Benefices, may not be dilapidate nor difponedj to his Hienefle prejudice, and derogation ofthefaidis Lawes. IT IS Therefore ftatute and or- dained be his Majeftie, with advife of the Eftaites in Parliament, that the faidis generall Lawes fall have their full effect. And that na derogation fall be maid thereto, bee quhat-fum-ever gift or difpofition : Notwith- ftanding the fame bee particularly ratified in Parliament, except the faid ratification and new difpofition be maid with exprefle ami fpeciall drfpenfation of the faidis generall Lawes , and bee advife of the Eftaites to bee fpeciailie mentioned therein : A nd that rhe Lordes of the Seffion fall Judge according to the generall Lawes, Without refpect of ony particular derogation maid thereto, to his Majefties hurte or prejudice , or contrair the tenour of the faidis Actes. Z44. dliuifiers andpojfeffbures of benefices, fall give up the rent all of the Temporalitie. IT Is ftatute and ordained, that all Minifters that fall happen to receive ony aflignationes for their fti- pendes, foorth of the fruites and rentes of ony Benefice, within this Realme , fall at the time of the re- ceiveing of their affignationes, arid raifing of letters conforme thereto , declare and give up particulate to the Clerk directer and fubferiver of the faidis letters, how meikle they , or ilk aneofthemhesof the Tempora- litie, given and difponed unto them, in their feverall affignationes : The quhilk Clerke fall be halden and oblifhed, to give and deliver the fame, to die Clerk of the Thefaurarie of augmentation, tobeinfert andre- maineinRegifterinalltimecumming : And maireover, all and findrie Prelates , and uthers pofleflbures I of all benefices, quhilkis ar at his Hienefle gift or difpofition , fall likewife give up to the Clerke forefaid , ane jfufficientinventare, conforme to the firft aflumption of the thriddes of all rentes, profites, anddewties, of I the twa part of the faidis benefices : And how meikle thereof is fet in few-ferme, or in feudifirma feudifir marum : With certification to them, andeverieaneofthem, gif they failzie , or gif they fall happen to omit ony of the rents or fruites forefaids : or give up ane rentall , quhilk is not juft and leill : In that cafe their benefices fall vaik in his Hienefle handes, as gif they were naturallie dead : Swa that his Hienefle may dif- pone thereupon, and intromet with the profites of the fame , at his pleafure. 1 I I X45*. Thefewdres of the Temporalitie, fuldgive up ane rent all of their dewties. T Is ftatute and ordained, that all fewares , of quhat-fum-ever annexed landes , perteining to the Tempo- ralitie of all Benefices within this Realme, except kick patronages , fall before the firft day oijanuar, the C c c zeir