[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.