[1641/8/199]*[print] [email] [cite] [preceding] [following]
Our soverane lord and estates of parliament, taking to consideratione the bountie and benevolence of his majesties most noble progenitoures King James the Second and King James the Fourte in giveing ther vasselles libertie to set thair waird landis fewe, and heirwith also remembring that, by the 16 act of his majesties first parliament anno 1633, his majestie and the prince, his heighnes, ther vasselles of waird landis are alltogidder secludit from that benefiet of his majesties bountie and benevolence foirsaid, which prejudice is by the threttie sevine act of that sessione of this present parliament holden in June 1640 yeeres recommendit to be considered at the nixt meeting thereftir of the said parliament, and dureing that interim the force and executione of that act foirsaid 1633 is suspendit and suppressed. And now his majestie, being gratiouslie pleased of his royall favoure and bountie that the vassalles of waird landis holding of his sacred majestie and of the prince, his heighnes, may enjoy ther former liberty with the benefite of his majestie and his most noble progenitouris, ther bountie and benevolence foirsaid wnprejudged or impaired by the foirsaid act 1633, therefore our said soverane lord and estates of parliament reschindis and anulles the foirsaid 16 act of his majesties first parliament in anno 1633 yeeres, intitulate 'Anent vasselles holding waird', and declaires the samene act to be null, of none availl, force, strenth nor effect in all tymecomeing, in so fare as the samene act is or may be extendit to the landis holdene waird of the king or prince as said is, and declaires the vasselles of the waird landis foirsaidis and otheres his majesties leiges or subjectes to be in that same estate and conditione and have the same libertie conserneing waird landis which they had befor the making of the said act, and as if the samen had never bene made, which our soverane lord and estates of parliament declaires to be extinct and of none availl, force nor effect in all tyme heerefter.
[1641/8/200]*[print] [email] [cite] [preceding] [following]
Wheras our soverane lord and estates presentlie assembled, wnderstanding that the plaiding of this kingdome is one of the most ancient and pryme commodities therof, which of late, throw the inconstancy of the beredth, is liklie to come of no estimatione abroade, therfore our soverane lord, with advyse of the saidis estates, ordeanes the makeres therof to make the same of no les breadthe then of three quarteres of ane elne wnder paine of confiscation of all that shall be fund of ane lesser breadth. And farder, wnderstanding that the lordis of his majesties counsell had, for eschewing the deceat in makeing therof, ordeaned the same to be presented in foldis and not in rolles to the mercate as it wes wsed of before, therfore his majestie, with consent and advyse foirsaid, ratifies and approves the said act of counsell daited at Edinburgh, the tuentie fourt day of Merch 1635 yeeres, in all the heades, clauss and circumstances therof and ordeanes the same to take full executione and to stand as a law in all tymecomeinge.
[1641/8/201]*[print] [email] [cite] [preceding] [following]
Our soverane lord, with the advyse and consent of the estates of this present parliament, wnderstanding many pitifull effectes daylie fund and encreasing anent the miserie and povertie of orphanes and fatherles childrene to have bene occasioned in this maner: that many ignorant people the tyme of the acquyring to them of bands, contractes and other securities for payment of somes of money takes the samene to them, there heires, executores and assigneyes with clause and conditione of annualrent therfore dureing the not payment of the said principall soume, meaneing therby that the samene should nowayes remaine wnproffitable dureing the not payment therof, and nowayes that the said clause or conditioune should make the same soume perteene to the heir in prejudice of ther bairnes and otheres neerest of kine by the heir, wheras by the contrary, by the interpretatione nowe observed, all such soumes and securities beareing annuell or proffite are exponed to be heritable eftir the terme of payment and to perteene to the heir, so that therby the rest of the childrine, neerest of kinne and otheres haveing interest are alltogidder therefrom secludit and lefte pitifullie wnprovydit of any meanes to leive one, as also the saidis bandis and contractes are verie ofte fraudfullie consealled and abstracted and never knowne to the trewe owneres therof, that in due tyme they might make wse of the same, which is against both equity and consience, and the intention of the pairty acquyrer of the saidis securityes, wherby great nomber of orphanes, fatherles childrine and others that is so prejudgit of that is due to them, either by ther naturall portione or otherwayes adebted, are brought to great povertie and miserie and forced to become beggeres, which is ofte fund by pitifull experience. For remeid, our said sovyerane lord, with advyse of the saidis estates, statutes and ordeanes that all contractes or bandis for soumes of money payable to pairties with conditione of payment of annuel rent or proffite made at any tyme heirefter shall be holden and estimat to perteene to the bairnes and neerest of kine to the defunct, except seasing fallow therwpon in the lyftyme of the creditor acquyerer therof, or that by the tennor of the band or contract the samene be conceived to be payable to the heires and assigneyes secluding the executores, or otherwayes that the said band or contract beare per expressum obleishment to infefte; in either of the which excepted caises, ordeanes the saidis soumes to be heritable and perteane to the heire, and outwith the saidis excepted caises, ordeanes the saidis soumes to be confirmed by the executour without payment of any quote for the samene, and that to the end the neerest of kine and otheres haveing intrest as said is be nowayes frustrat of what may be due to them, nor yit the said bands or contractes fraudfullie concealled or abstracted from them, everie one of them for ther owne pairtes, provyding allwayes that by virtue of this present act the bandis or contractes heirby ordeened to perteene to the neerest of kine to the defunct and to be confirmed shall not fall wnder the compas of escheat, nor yit any pairt therof perteene to the relict jure relictae, bot shall remaine in the owne nature quoad fiscum et relictam as they wer befor the making of this acte.
[1641/8/202]*[print] [email] [cite] [preceding] [following]
Our soverane lord and estates of parliament ratifies and approves the act of parliament mad by King James the Sext, his majesties father of eternall memory, parliament 1, cap. 12, anent provestries, prebendaries, alterages, chaplandries and collegiall kirkis perteaneing to laike patrones, togidder with the acte of parliament 12, chap. 158, ratifieing the samene, and ordeanes the saidis acts to have full force and effect in all tymecomeing, with this declaratione allwayes: that in respect the vasselles whch held landis of the saides proveistes, prebendares and otheres foirsaides are put to a great wncertainty of ther superiores, it not being knowne to theme who are provydit to the saidis provestries, prebandries, chaplandries, alterages and otheres foirsaidis, by reasone ther is no publict register to the which they may have recourse for knowledge and notice therof, and that the farthest that they cane knowe by any registeres is the infeftments and seasings maid to these who are laike patrones holding of his majestie, therefore, for secuireing of the vasselles who hold landis, mylnes, fishingis, tenementes, annuelrentes and otheres whatsomever of the saidis provestries, prebendaries, of collegiall kirkis or of chaplandries, alterages and otheres of that nature at any tyme of before, it is statute and ordeaned that the entrie of the saidis vasselles by retoure, precept of clare constat, resignation, comprysing or otherwayes whatsoevir shall perteane to the laike patrones and ther successoures who standis infefte in the said laike patronages, holding immediatlie of his majestie, and that the entrie of the vasselles by them shall be alse valied and sufficient to the saidis vassellis, receivers therof, as if they wer entred by the titulares of the saids provestries, prebendaries, alterages, chaplandries and otheres foirsaidis; and that the said laike patrones shall be in all tymecomeing in ther place as superiour to the saidis vasseelles and to have the same power to give infeftments to his majesties subjects wpoun retour or by precept of clare constate or by resignatione, comprysing or any other maner of way, with giftes de novodamus, and that without consent of persones provydit or to be provydit to the saidis proveistries and prebendaries of collegiall kirkes, alterages, chaplandries or otheres titulares of collegiall kirkes, and alse without consent of the chapter or convente of the said prebendaries therof or most pairt of the same which before wes in use and custome, quhairanent and anent all actes in the contrair, his majestie, with consent foirsaid, dispenss for now and evir, reserveing allwayes to the titulares of the saidis proveistries, prebendaries, alterages, chaplandries and otheres foirsaidis the fruites, rentes and emolumentes of the saidis proveistries, prebendaries and otheres foirsaidis which are nowayes prejudged by this present act. It is heirby further statute and ordeaned wher ther is any prebendaries, chaplandries, alterages or otheres foundationes of that nature abovementioned foundit and situate within any burghe royall of this kingdome, that the proveist, baillies and counsell of the said burghe wher the samene are foundit are, and shall be in all tymecoming, only indobted superioures by whom and by no otheres the vasselles and tennentes enter in maner abovespecified, the proveist and bailliffis being allwayes patrones.
[1641/8/203]*[print] [email] [cite] [preceding] [following]
Our soverane lord, considering that the preceise and rigorous exactione of the paine, arbitrary and pecuniell, adjected to penall statutes heertofore made would prove a burthene to his majesties leiges, heavie and wnsupportable if by his majesties grace and favor they should not be eased and liberat of the same, in consideracion wherof his majestie, being willing to give ease and releefe to his subjectes of the foirsaid burdene, heath therfor bene graciouslie pleased, with consent of the estates of parliament, to discharge freelie, pardone and remitte, and by these presentes dischairges, freelie pardones and remittes all contraveeneres of the said penall statutes† in tyme bygone, except only the statutes conserneing the wnlaufall taking of wsury, transporting of money and gold, slaying of reid and blacke fishe, with the penalties incurred by the consealleres of annuellrentes and wrongeous wpgivers of the inventors of ther money, which ar nowayes dischairged by this present act, nor comprehendit wnder the same.