Page:The Laws and Acts of Parliament of Scotland.djvu/405

 AVCHTENTH 'PARLIAME NT. IX. of Julie. 160-6. ~^ furnifhe the ordinare charges for renewing their infeftments, have difpenfed , and by this prefent Act difpe a- fes anent the forefaid claufe of renueing of fewes , with fa many of die faids Fewers as have taken their ievves" without diminution of the rentall, and converfion of viclual , and other duetiesin filver. And vvha ihail ob- teine ane ratification from Johne now Archbifhop of Glafgow of the faids fewes and rights , before the ieaft of Klhdlkwmes next to come. And declares the fewes lawfullie fet , as faid is , to 'die faids pcrfons valide and effectual , . their heires, fucceflburs and aflignayes, alwyfe entering by the laid Archbiihoppe", as their im- mediat fuperiour ; and by his fucceflburs to their faids lands, rowmes and pofleflions, by Brieves raifed out of the faid Archbimops Chancellarie, precepts oiclare conftat , refignations and confirmations , as ufe is and paying their few mailles, fermes,. moulters, caines, and others dueties, to theiaidArchbifliop arid his fuc- ceflburs in all tyme hereafter; but prejudice to the letters of gift, and penfion graunted to theDukeof Lennox, Sir George, Sir James and Archibald Erf kerns penfionsjorth of the frutes off he faid Archbiihopricfc of Glafgow, to be bruiked by the faid Lord Duke during his lyftyme allanerlie. ' 3. AcJ anent the dilapidation of Bifbopricks. OURSOVERAIGNELORD, and Eftaites of Parliament, having consideration of the acl made in the tenth Parliament, halden by his Heighnes in the yeare of God , ane thoufand five hun dreth, fourfcorefiveyeares, and in the elieventh Act of the faid Parliament, cfcnteining diverfe cautions andprcvifions, tending to reftraine beneficed perfons, from away putting of any part of their benefice wherebv the faids benefices may be left in worfe eftate nor theffamine was at their entrie thereto • as the f ' ] Aft doeth at mair length contein: Hes ratified and approven the faid aft in all the articles, heads 'and circum ilances thereof; declainng the famine to remaine in lull ftrength, and to have the efFeft and force of ane ner" petual Law and ftatute of Parliament in all tyme comming , with thir additions. They are to fay that it ihall no wyfe be leaibme to any perfon provyded or to be provyded to ane Biihbprik within this Realme • to difpone or give in penfion any part of the patnmonie of the faid Bilhoprik , whilk ihall indure and laft lander fpace nor the giver of the faid penfion ihall bruike the faid Bifhoprik. And if it ihall happen the faids perfons provyded to the faids Bif hopriks now , or in any tyme to come , to difmember any part of their faids bene fices or patrimonie thereof. OUR SOVERAIGNE LORD, and Eftaites of Parliament decern* " and declares all fik facts and deeds to fall under the compafle, perrell and danger of dilapidation of benefice cernes s. and to be ane exprefle fpece and kynde of dilapidation. And be reafon it hes ever bene found neceflar in all tymes paft, that the fewing of lands, fetting of tackes, and doing of fik other lawf ull deeds , be whatfomever Bifhope and Prelat within this Realme, of any part of the patrimonie of their faids benefices, ' mould" have the confent of the maift part of their Chapter , without whais confent , had and obteined to the faids deeds in liaill, or the maift part thereof, was no wyfe leafome to the faids Prelats to doe any of thefaids deeds Therefore , the faids Eftaites , according to the written Lawes made there-anent , and cuftume perpetuallie obferved in fik cafes of before ; finds and declares, that na Biihop within this Realme , may fet in few" tack or othervvyfe, nor doe any other deed in the difponing of any part of the patrimonie of their faids Bifhopriks- without tiie advyce, content and affent of their chapters , or the greateit number of them , duelie orocured chapters chapterlie conveined (but the faids deeds being otherwyfe lawfullie done, and fubferyved by the anaiit part of the faid chapter) the not meeting and convening chapterlie at the tyme of the making bftheTaids rights, and fubferyving thereof, fhail furnifhe na ground where-upon the faids facts and deeds may be quar- relled, or the faids rights and tytles impugned or an nulled, throw the caufe or occafion forefaid. Whilks chapters decernes and declares, to remaine now and in all tyme comming, according to the foundation of the faids Biiliopriks, and as hes bene in tymes bygane , without any kynde of alteration to be made therein Excepting alwyfe, the chapter of the Afchbifhoprik of Sanfl-zmdroes, the alteration whereof (whilk is made m maner under-written) neceflarlie proceeded in that the famine confifting of before of the Pryorie otSanfl- iAndroes, is fupprefled by the new erection of the faid Pryorie, whereby the faid chapter ceaffes. And therefore, the faids Eftaii.es hes declared and declares that die faid chapter oiSancl-Androes, hereafter fha.ll confift of the number of the perfons following , Viz. of ieven perfons of the Miniftne, dwelling and having their charge within his Diocie of Sancl-Kndroes, to be elected and nominat by the faid Archbifhop himfeife' to be theperpetual convent, and chapter of the faid Archbiihoprik in all tyme comming ; and after the deceafe or removing of any ane or maa of them, from their prefent places and function within the faid Diocie the Intrant Succeeding in diat place and charge, to fucceed alio in the famine roume of the chai ner and convent. Refervmg alwyfe to the laid Archbiihop and his fucceflbrs their auncient priviledges, that the common feall of tiie faid chapter to be made of new by their awne advyce, ihall ferve for their confents without their fubferiptions. FARTHER, tiie faids Eftaites findes and decernes, that the prefent common feall of the faid chapter, being appended to die evidents or rights whatfomever, alreddie made and graunted by the faid Archbiihope' hes bene and Ihall be in all tyme comming, ane fufficient and perfite content of the chapter, and als effectual for fecuring of the vaflals and tennents, receavers of the faids rights, as the famine hes bene in any tymes of be- fore ; and fa to indure in force hereafter, for confent of the faid chapter , ay and whill the election of the faid new chapter, and making of thefaid new commonfeall. . . G g g x Attour,
 * hd obteined thereto. In the purchafing of whais confent, it Ihall no wyfe be requifit to have their faids