Page:The Laws and Acts of Parliament of Scotland.djvu/453

 XXII. T ARLIAMENT. XXVIII of June ,1617. 451 ACT XI. Anent the Queens CMajeJlie her Counfel. OUR SOVER AIGNE LORD with advice and confent of die Eftates of Parliamenr.ratifies & approves die Letter of Nomination made by his Highnefle deareft Spoufe, ANNA, by the Grace of GOD, Queen of great Britain, France, and Ireland ': of the date the xxvj. day of April, laft by pad: whereby her Majefty, with his Highnefle confent, hath nominated , and appointed , Sir GEORGE HAY, of Nat her life. Clerk of the Regifter, Sir W I L L I A M O LIP H ANT of Newton Knight, OUR So- veraigne LORDS Advocate: Sir ALEXANDER DRUMMOND of Medope Knight, and Sir WILLIAM SEATON of Kyi/more Knight, to be four ofher Majefties Counfel, in place of the other foure before deceafed : and hath adjoyned them to the other three of her Majefties Counfel, as yet alive: to wit, ALLEXANDER, Earle o{ c Dunfermlmg, Chanceller : THOMAS, Lord Binning, Secretary : and Sir PETER YOUNG, Eiemofyner to his Majefty, as in the faid Letter of Nomination, of the dare forefaid, at more length is contained. And his Majefty, with advife of the Eftates forefaids, wills, declares, andordaines, diat the faids Counfel iers, at the leafl four of diem, the faid Lord Chanceller being alwayes one of the faid four, mail have the guiding, government , and adminiftration of the eftate, living, and affaires, appertaining to his faid Highnefle deareft Spoufe within the Kingdome of Scotland: in the fame manner and form as is fet down in the Act of Parliament, made in the Moneth of July , 1 5 9 3. years : and under the pro- vifions and conditions exprefied in the faid Act of Parliament : which his Majefty, with advice forefaid, holds as herein exprefied : and whenfoever it mail happen any of the faids feven Counlellers, one or moe, to depart this life, his Majefty with advice forefaid, wills and grants, that it {hall be lawful to her Highnefle , to no- minate and appoint others in place of the perfons deceafand, to the effect above contained : Likeas his Maje- fty with advife forefaid, now as if the faid nomination were made , and then as now ratifies and approves the fame, and declares the fame to be as valide and effectual , as if the fame were made with confent of his High- nefle, and advife of the Eftates forefaids. ACT XIV i^Anent prefer ipion of heritable Rights. OUR SOVERAIGNE LORD confidering the great prejudice which his Majefties Lieges fu- taines in their Lands and Heritages, notonlybytheabftracting, corrupting, and concealing 0? their true evidents, in their minority , andlefleage, and by the amifflon thereof , by the injury of time, through "War, Plague, Fire, or fuch like occafions : but alfo by die counterfeiting and forging of falfe evidents & writs, and concealing of the fame to fuch a time, that all meanes of improving thereof is taken away : whereby his Majefties Lieges are conftitute in a great uncertainty of their heritable Rights , and divers pleas and actions are moved againft them , after the expiring of thirty or fourty years : which neverthelefle by the civil Law, and by the Lawes of all Nations , are declared void , and unefrectual : And his Majeftie according to his fa- therly care , which his Majefty hath , to eafe and remove die griefs of his Subjects , being willing to cut off all occafion of pleas -, and to put them in certainty of their heritage, in all time comming : Therefore his Majefty with advice and confent of the Eftates of Parliament , by thetennourofthisprefent Act, ftatutes, findes, and declares , That whafoever his Majefties Leiges, their Predeceflbrs and authors have brooked heretofore, or fhall happen to brook in time comming, by themfelves, their tennents , and others having their Rights, their Lands. Barronies, Annuelrents, and other Heritages , by vertue of their heritable infeft- ments, made to them by his Maieftie , or others their fuperiours and authors , for the fpace of fourty yeares, continually and together, following and infuing the date of their faids infeftments, and that peaceably , without any lawful interruption made to them therein, during the faid fpace ot fourty yeares , that fuch per- fons, their Heirs and Succeflours ihatl never be troubled, purfued, nor inquieted , in the heritable right and property of their faids lands and heritages forefaids, by his Majefty , or others, their fuperiours and authors, dieir Heirs and Succeflours, nor by anyother perfon, pretending right to the fame, By vertue of Prior infeft- ments, publicke or private,nor upon no other ground, reafon or argumentcompetent of Law, except for falfe- hood : Providing they be able to fhew and produce a Charter of the faids lands, and others forefaids,granted to them, or their Predeceflburs, by their faids fuperiours and authors, preceeding the entry of the faids fourty yeares pofieffion, with the inftrumentoffeafing following thereupon: or where there is no Charter extant, that they fhew and produce inftruments ofSeafing, one, or moe, continued, and ftanding together for the faid fpace of fourty yeares, either proceeding upon retours, or upon precepts of clareconftat. Which rights his Majefty with advice and confent of the Eftates forefaids, findes, and declares, to be good, valide, and fufficient rights, ( being claid with the faid peaceable, and continual pofieffion of fourty yeares ) without any lawful interruption, as faid is: for brooking of the heritable Right of the fame lands, and odiers fore- jfaid. And ficklike his Majefty wirh advice forefaid, ftatutes and ordaines , that all actions competent of the law , upon heritable Bands , Reverfions , Contracts , or others whatfoever , either already made , or to be made after the date hereof, fhall be purfued, within the fpace of fourty years, after the date of the fame : except Nnn x the