Act anent the personage of Duns

Forsamekle as in the parliament haldin at Linlythgw in the moneth of December, the yeir of God jM vC fourescoir fyve yeiris, becaus certane spirituall personis quha wer banissit or utherwayes exilit thame selffis furth of the realme of befoir wes prejugeit be thair absence concerning thair richtis and titillis of thair benefices had be thame preceiding the said act, quhome the kingis majestie, be avise of his estaittis, thocht gude to repone and restoir haillelie, and thairupoun maid ordinance that decreitis gevin be his majesties privie counsall at ony tyme of twa yeiris preceiding the said act suld not be prejudiciall to thame in sa for as tryall wes not tane be the judge ordiner, ordaning sic decreittis to be of nane availl and the personis dispossest to be repossest to the strenth and vigour of the said act, the executioun of the quhilk act wes menit to have bene towardis the beneficeit personis exilit and absent furth of the realme and not to sic as wer present and had place to compeir and use defensis; and willing, as is maist ressounable, that the decreittis gevin aganis pairties compeirand and defendand sould haif full effect, quhilk aucht not to be comptrollit agane be inferiour juges, and specialie the decreit of secreit counsall gevin and pronuncit in favouris of Maistir Peter Danielstoun aganis Patrik Gaittis anent the rycht of the personage and vicarage of Duns, beirand the said Patrik Gaittis the tyme of the geving and pronuncing of the foirsaid decreit to haif compeirit persounallie befoir the saidis lordis of secreit counsall, as the said decreit of the dait at Halyruidhous, the xxiij day of Februar, the yeir of God jM vC lxxxiiij yeiris, at mair lenth proportis; thairfoir his majestie, with avise of the thre estaittis of this parliament, decernis and declairis that the foirsaid act of parliament maid at Linlythgw sall nawyse be extendit nor be interprete in favouris of the said Patrik Gaittis, quhome aganis the foirsaid decreit wes gevin during the saidis tua yeiris in favouris of the said Maistir Peter Danielstoun in foro contradictorio, the said Patrik Gaittis compeirand persounallie as said is, the tyme of the pronunceing of the foirsaid decreit; and thairfoir ordanis the same decreit of the dait abonewrittin to stand in the full strenth, force and effect as gif the foirsaid act of parliament had never bene maid.

  1. NAS, PA2/13, f.127v. Back
  2. 'P' written in margin. Back