Page:The Laws and Acts of Parliament of Scotland.djvu/577

Act 9, 10. And foramuch as the Ordinar Courts of Jutice, did it and ast by Warrand of thee Meetings, the King's Majety, for the good and eae of the people, doth with advice foreaid, Declare, That none of the Acts, Decreets or Sentences, given by thee who at as Lords of Seion, or as inferiour Judges Within this Kingdom thee years, nor no Execution following thereupon, are for want of lawful Authority to be quetioned: Where anent, His Majety, with advice foreaid, by thee preents dipenes. And alo, His Majety, conidering that by a pretended Act and Commiion, from the aid pretended Meetings or Parliaments, Augmentations were granted to Miniters, Kirks were divided, new Kirks were erected, and Lands from one Paroch to another, di-joyned and annexed, and divers other particulars decerned, in relation to the Plantation of Kirks: which Commiions, one or more, though they had no lawful Authority, but in themelves were and are null. Yet, His Majety, being deirous to give all due encouragements to the Miniters of the Gopel, doth, with advice and content foreaid, Declare, That all Acts, Decreets and Sentences, pronounced and given forth by the aids Commiioners, and all Executions thereupon, are and hall tand valid in time coming, except uch as upon the complaint of any party, hall be found to have been unjutly or exorbitantly pronounced and decerned. The determination whereof, is hereby referred by His Majety; with advice and conent foreaid, to the Commiion for Plantation of Kirks, to be etablihed by His Majety in this preent Parliament; that they after hearing of parties, and conideration of particulars, may take uch coure for altering, annulling or allowing of what was done by vertue or the aids Commiions in the years, one thouand ix hundred and fourty nine, and one thouand ix hundred and fifty, as they hall think jut, conform to the tanding Laws and Acts of Parliament, preceeding the year one thouand ix hundred and fourty nine; and Ordains proces upon upplication to be ummariy granted, parties alwayes being cited, and that without any reduction. As alo, with power to the aids Commiioners to be appointed, upon the dependence of the aids complaints and proces, to dicharge execution upon the foreaids Decreets in whole or in part, as they hall find jut, ay and while the matter may be determined by them. And foramuch as by a pretended Commiion for the Exchequer, divers Infetments, Giits and others, were pat in the foreaids years, one thouand ix hundred and fourty nine, and one thouand ix hundred and fifty; His Majety, with advice foreaid, Declares, That all uch Gifts, Ifnfetments and others, are and hall be valid, excepting alwayes new Gifts and Dipoitions of Lands and others, granted and pat to His Highnes prejudice, and uch other Gifts, as upon the complaints of parties, hall by His Majeties Treaurer and Commiioners of Exchequer, be found to have been unjutly granted or pat, In prejudice of prior Gilts under His Majeties Hand, though not pat in Exchequer. And whereas by a pretended Act of the foreaid pretended Parliament, entituled, Act abolihing the Patronages of Kirks, all Patronages and Preentations of Kirks, whether belonging to the King or any Laick Patron, Presbyteries or others, were dicharged, and all Acts, Gifts and Rights, granted there anent, Recinded. And yet nevertheles, it was thereby declared, That the taking away of the Patronages, hould not prejudge the Patrons Rights to the Teinds, nor weaken his Infetment wherein the ame is contained. And that the Teiths of the Kirks, whereof the Preentations toere abolihed, hould belong heretably to the Patrons, and be inerted in their Rights and Infetments in place of their Patronage, with power to the Patron to dipone upon the aids Teinds, in manner and with the exception contained in the aid Act. And notwithtanding that the foreaid Act and whole Parliament be declared null; yet nevertheles, Wis Majety, with advice foreaid, doth by thee preents Declare, That it hall be lawful to Laick Patrons or Heretors, to agree with the beneficed perons for Tacks or Rights of Teinds, belonging to the aid beneficed peron, according to the Laws of the Kingdom; with this proviion that the aids Tacks, hall be no wayes prejudicial to the Stipend and Maintenance of the Miniters and perons to be preented, according as the ame hath been already modified, or hall be modified in time coming; and that notwithtanding of any Acts or Statutes made in the contrair. All which Acts, his Majety, with conent foreaid, by thee preents Dicharges; And in like maner, His Majety, with advice foreaid, Declares, That as to uch perons who are preently in poeion of Kirks, pertaining to the aids Laick Patronages, the aids perons and Miniters hall, during their ervice, claime no right nor poeion to the Teinds of their aids Kirks and Parochins, other then they had formerly before the making of this Act; they having alwayes a ufficient maintenance allowed and granted to them according to the Laws of the Kingdom.

X. Act condemning the Tranactions concerning the King Majety, whilt He was at Newcatle, in the years, 1646. and 1647.

He Etates of Parliament, conidering the many ad and dangerous conequences that do accompany the neglect and contempt of lawful Authority; and that among the other Judgements, wherewith it pleaeth Almighty GOD to viit uch who refill the Powers, and oppoe the Commands of thoe intrufled by Him, as his Vicegerents, for the Government of His People, they are oft-times left to their own counels, to do that which highly provokes GOD to wrath, renders themelves jutly odious to the world, and hateful to their Poterity. Whereof there is too doolful an experiment in an Act of the printed Records of Parliament, of the ixteenth of January, one thouand ix hundred and