Anent possessouris of benefices, pensionis, portionis or utheris spirituall rentes, liand at the horne attoure the space of yeir and day†

Forsamekle as be the lawis of this realme, specialie be ane act of parliament haldin in the reignne of umquhile King James the Fyft, oure soverane lordes guidsir of worthy memory, it is found that the use in tymes bigane hes bene that the males and deweties of the landes of thame that hes bene yeir and day at the horne haldin of utheris superioris then the king, yeir and day being bipast, returnit agane to the superiouris of the saidis landes for the lyftyme of thame that sustenit sic process of horne yeir and day as said is, except crymes of tressoun and lesmajestie, and that the law suld sa be interprete and usit, like as at mair lenth is contenit in the said act, quhilk hes gevin great feir and terrour to all heritouris of landes to incur† the said process of horning, quhilkis, for saulftie of their lyfrent, hes done diligence and usit all gude meanys to obtene thame spedelie relaxit, quhenevir thay happinit to incur the said pane; yit, becaus the law wes not equall, at leist had not ressavit the like executioun aganis the possessouris of benefices, pensionis, portionis or uther sic eccliasticall rentes, the gretair contempt of horning hes bene in sic personis quhilkis, thinking thair levingis in na dangear throw thair dissobedience, continewit in thair rebellioun and usit na diligence to get thame selffis relaxit, quhilk maid the said pane of horning contemptible in tyme bipast. For remeid of quhilk abuse heirefter, oure soverane lord, with avise of my lord regentis grace, the thre estates and haill body of this present parliament, declairis, statutis and ordanis that gif ony possessoure of benefices, pensionis, portionis or uther sic ecclesiasticall rentes, being ordourlie denuncit rebellis and put to the horne remanis thairat attoure the space of yeir and day, thay sall thairby tyne thair lyfrent of thair benefices, pensioun, portioun or ony uther eccliasticall rent, siclik and in the same maner† as the temporall men dois and† according to the act maid aganis thame thairanent† in our soverane lordis derrest gudschiris regne.†

[Deleted text]†

  1. The Actis of King James the Sext, printed by R. Lekprevick (St Andrews, 1573), ff.9r-v. Bound with earlier parliamentary material at NLS, Black Acts, 1566-94, H.33.c.21, Scots Acts of Parliament, H.33.c.23 or Scots Acts, H.33.c.25. See also NAS, PA6/1, 1572/3. Back
  2. A version of this act at NAS, PA6/1, 1572/3 appears to be a draft. It is bound with 12 unnumbered folios, which all appear to have been annotated between 19 and 26 January 1572/3. Back
  3. PA6/1 has 'contemne'. Back
  4. 'and in the same maner' missing from PA6/1. Back
  5. 'and' missing from PA6/1. Back
  6. In PA6/1, 'siclike as the temporall men dois according to the act maid aganist thame thairanent' is a marginal addition. Back
  7. In the margin of PA6/1: 'xxo Januarii 1572, the lordis articlis hes agreit to this act as it standis unputfurth. xxvjo Januarii 1572, votit in parliament and agreit.' Back
  8. This paragraph has been scored out in the manuscript and omitted from The Actis of King James the Sext: 'And it salbe lauchfull to oure soverane lord, or to the lawit patroun of the benefice quhatsumevir, efter the outrynning of the said yeir and day, to present and dispone the benefice, pensioun, portioun or uther eccliasticall rent befoir specifeit, as gif the persoun, rebell, possessoure of the samin of befoir wer than naturaly deid; and gif ony sic persoun lauchfullie denuncit rebell, upoun his narrative to the lordes of counsale, obtenis him self relaxt, and the lettrez quhairby he wes denuncit suspendit to a day, or gif to eschew the tinsell of his leving be meanes he purches the princes previe relaxatioun, and yit takis not away the ground nor satisfeis not the command of the lettres quhairby he wes denuncit, bot be virtew thairof, after sic suspensioune or previe relaxatioun, beis of new denuncit, his said relaxatioun to a day or previe relaxatioun of the prince sall nawyse help him anent the tinsale of his lyfrent of his said benefice, pensioun, portioun or other eccliastical leving, bot he sall tyne the same as he had not bene relaxt fra the first horne. And attoure all alienatioun, contract, obligatioun and utheris thingis quhatsumevir that salbe done be him, tobe null and of nane avale in the self without ony proces of redunctioun during the tyme of his relaxatioun to a day or previe relaxatioun, gif be the lettrez (being fundin or ordourlie procedit) he salbe denuncit rebell of new for the same cause. And this act tobe extendit in the favouris of lawit patronis asweill as of the kingis majestie'. Back