Page:The Laws and Acts of Parliament of Scotland.djvu/426

 4°4 KING JAMES THE S E X T the Checker. And likwyfe commanding the Lords Auditors of the Checker prefent and to come, to allow to the payers, the forefaid fumme often thoufand pounds yearlie and termlie , in the firft end of their compt upon the fight of the faids Lords and Senators, or their faids collectors acquitance upon the payment there- of, thirprefents being alwyfeihawne and produced in Checker. And als his Majeftie and Eftaites forefaids of this prefent Parliament, decernes and ordeins his Majefties Comptroller prefent and his fucceflburs, Comptrollers for the tyme; as likwyfe the tackfmen of the faids cuftomes prefent and to come, andin- trometters ihere-with, and adetted in payment thereof to become acted themfelves , and to mide fufrkient caution and fovertie acted in the Buikes of Councell and Seffion, for thankfull payment of the forefaid fumme often thoufand pounds, to the faids ordinare Lords and Senators of the faid Colledge of Juftice and their fucceflburs, yearlie and termite, at the termes f orfaids in all tyme comming. And at the deceafe or demif- fionof the faids Comptroller or tackf-men, that the new intrants mall become acted to the effect forefaid of new, and that caution be founden by the faid Comptroller and tackf-men at the letting of the faids tacks to the effect forefaid; otherwyfe the faids tacks to be null, and the nullitie thereof to be decyded by way of ex- ception or action at their pleafure. And that letters and executorials of horning fimpliciter, may be direct upon ane fimple charge often dayes againlt them, be dely verance ol the faids Lords and Senators of the Col- ledge ol Juftice, for payment ol the forefaid fumme of ten thoufand pounds yearlie and termlie , at the termes forefaids. And his Majeftie arid Eftaites forefaids, decernes and ordeins , that na fufpenfion ihall be granted for fufpending ol the faids letters, at the inftance of whatfomever partie or perfon adetted in payment of the forefaid fumme in any tyme comming, for whatfomever caufe or reafon by the Lords of Parliament , nor by the Lords of Checker, or other Judges whatfomever, except upon confignation ofthefummes, or upon production of fufficient acquitances of payment of the fummes where- with they are charged. And that the faids ordinare Lords and Senators of the laid Colledge of Juftice, are and ihall be onely judges ordinare for difcuffing of the faids fufpenfions; difcharging all others Judges whatfomever of all granting of fufpenfions in any caufe concerning the premifles and difcuffing of the famine by any manner of way, and of their offices in that part for ever. And to die forefaid difpofition and aflignation of the forefaid fumme often thoufand pounds, to be payed yearlie and termlie forth of his Heighnes cuftomes iorefaids, firft, readieft and befc payment of the famine, to the faids ordinare Lords and Senators of the faid Colledge of Juftice and their fuc- ceflburs forefaids perpetuallie in all tyme comming as is above exprefled; His Majeftie and Eftaites fore- faids of Parliament, lies interponed and interpones their confent and authoritie , as that deed whilk mall be now and in ail ty mes hereafter efteemed and judged for the weall of OUR SOVERAIGNE LORD, and for the common weall and eftate of the Realme of Scotland. And his Majeftie for his Keighnes and his fucceflburs promits in verbo Trincips, never to impugne nor quarrel! the famine, nor come in the contrare hereof directlie nor indirectlie in any tyme comming. ii. _At~i anent Tatronages of forfaulted perfons. U R SOVERAIGNE LORD being maift defirous that all the vaiking Kirks within his King- dome may be planted with qualified and worthie men, and that thefe wha are alreadie provyded to be- nefices lawfuliie vaickand at the tyme of their provifion, and wha hes obteined decreit conforme thereto, with lawfull and peaceable pofleffion following there-upon, may be mainteined therein. And fpeciallie that the reftitution of forfaulted perfons, pretending themfelves Patrons of benefices, either by his Majefties gra- tious favour, pardon or rehabilitation, or by reduction of their forfaultors ihall not be ane occafion to fubvert the eftate of thefe wha obteined lawfull provifion of any of the faids benefices by prefentation, or gift of the Kings Majeftie, or others to whom his Keighnes difponed the right of Patronage thereof, during the for- faultour Handing oi the other pretended patron, whais cryme could neither be any reafon to make the vaick- and benefice not to be difponed; neither iliould his reftitution or reduction be ane occafion to trouble the titulare thereof, feing the fleuth or negligence of ane lawfull Patron and faithfull fubject, not prefenting with- in fex moneths to the benefice vaickand whereof he is Patron, makes him for that tyme to arnitt his right of Patronage; whilk Jure devoluto falling to the Kirk, the perfon provyded by them, hes undoubted right thereto during his liftyme. And therefore his Majeftie with the advyce and confent of the Eftaites of Par- liament, ftatutes and ordeins , that all thefe wha are either alreadie provyded , or fhall hereafter be provyded by his Majeftie to any of the faids benefices, whereof the Patronage is fallen to his Heighnes, byforfaul- tour, or by any other to whom his Majeftie hes difponed the right of Patronage of any fik benefices , and by vertue thereof have obteined letters conforme to their provifion , with lawfull and peaceable pofleflion of the frutes thereof by the fpace of divers yeares, that all fik perfons ihall be mainteined in their faid right and pof- feffion of the faids benefices and frutes thereof, during their liftyme. And mall nowyfe be quarrelled , troubled nor molefted by the faids forfaulted perfons, or their heires, fucceflburs or poiteritie, being reha- bilitated, reftored, or their forfaukours reduced, nor by na other perfons having right difpofition or pre- fentation from them; but that the faids beneficed perfons during the faid forfaultour, and by vertue thcreol become in pofleflion of the faids benefices in manner above written; (hall peaceablie enjoy, bruike and poflefli the famine benefices, haill fruites, rents, rights, commodities and priviledges thereof, as freeiie , peaceablie and righteouflie as if the faids Patrons had never bene forfaulted, and had lawfuliie prefentcd , themfelves, bui prejudice to the faids Patrons being reftored, and their heires and fucceflburs to recover their right o patronag