[1587/7/12]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, now after his lawful and perfect age of 21 years complete, with advice and consent of his estates convened in this present parliament, ratifies, approves and, for his highness and his successors, perpetually confirms all and whatsoever acts made by his highness in the governments of his regents during his young age, or since the acceptance of the government of his realm in his own person, or by his most noble progenitors concerning the liberty of the kirk of God and religion now presently professed and by the laws established within this realm; and that the said ratification be as effectual as if all the said acts were herein expressed, named and numerated; and quashes, annuls and abrogates all laws, acts and statutes, canon, civil, municipal and other ordinances whatsoever made in any times of before contrary or in prejudice of the said true religion and professors thereof.
[1587/7/13]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and his three estates convened in this present parliament ratify and approve the acts and statutes made of before concerning the punishment of the adversaries of God's true religion, presently professed and by laws established in this realm, and the seducers and persuaders of his highness's obedient and faithful subjects to decline from there, and ordain the same to have full effect and execution in time coming, with this addition: that whatsoever professed and avowed Jesuits or seminary priests shall be found in any part of his realm within the space of one month after the publication of the acts of this present parliament shall be taken, apprehended, called and pursued and incur the pain of death and confiscation of all their goods moveable; and whoever willingly and wittingly resets or supplies any of them thereafter by the space of three days and three nights, together or severally at three times, upon certain knowledge that they are persons of that profession, and be lawfully and orderly convicted of the same, shall incur the loss of their liferents; and that they, as also all sayers and hearers of mass or profaners of the sacraments, or other persons suspected to have declined from the true and Christian religion, or refusing to resort to the preaching of God's word, or whatsoever person that shall, by reasoning or dispersing of books or letters, presume to persuade any of his majesty's subjects to decline from the profession of the said true religion, being called to compear and answer thereupon before his highness and his privy council, in case the persons so accused and dilated, or any of them, shall be found culpable by his highness's privy council, or any five of them, his majesty's chancellor and clerk register being two of that number, either by the confession of the said persons accused or by the deposition of reputable witnesses, or if the said persons dilated being called and adjudged criminally (in case his highness and his council shall so think good) and be found culpable and guilty in the premises, that they thereupon incur the pain of loss of all their moveable goods, together with the liferents of their lands and livings whatsoever, to be taken up and employed to his highness's own use, and in no way to be conveyed to the persons to be convicted or fugitive for the cause aforesaid.
[1587/7/14]*[print] [email] [cite] [preceding] [following]
†Forasmuch as sundry persons bring home out of other realms diverse books and writs containing erroneous doctrine against the true word of God and religion professed and by the laws established in this realm, or containing superstitious rites and ceremonies papistical, whereby the people are greatly abused; for remedy whereof, our sovereign lord and three estates of this present parliament statute and ordain that whenever any persons suspected of bringing home of the said books shall repair, resort and remain within any burgh, it shall be lawful to the provost and bailies of the same burgh, with a minister, to search and seek the said books, and being found, such books as are before declared to destroy them and to commit the importers to ward until they be punished in their persons and goods at our sovereign lord's will; for the which his present act shall be sufficient commission to the said provost, bailies and minister, and their said searching, seeking, intromission and destruction of the said books shall be reputed a lawful deed, for the which they shall incur no danger of plunder or intrusion or anything that may follow thereupon.
[1587/7/15]*[print] [email] [cite] [preceding] [following]
†Item, it is declared, statute and ordained that all benefices of cure under prelacies to which ministers or readers are admitted (that actually serve and do their duties at their kirks), shall in all time coming be free of the first year's fruits and fifth penny of their benefices, and shall from this [time] forth have their signatures of presentation passed at the privy seal upon his majesty's own subscription only and his secretaries without any payment or caution to his treasurer for the said first fruits or fifth penny.
[1587/7/16]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice of his three estates in this present parliament, statutes and ordains that whatsoever person or persons shall happen hereafter to perturb the order of the kirk in time of divine service, or to make any tumult, raise any fray, either in kirk or kirkyard, through which the people then convened shall happen to be disordered, troubled or dispersed, the same shall be a point of dittay, and the persons to be convicted thereof shall lose all their moveable goods, to be escheated to our sovereign lord for their offence, without prejudice of greater punishment if there happen any greater offence (as slaughter, blood, mutilation, shooting of hackbuts and pistolets) according to the laws of this realm; and forasmuch as diverse persons having committed sundry offences for the which they merit to be separated from the society of the kirk and yet seek no reconciliation thereto, but for necessity of baptism to their bairns or marriage of themselves or of their friends sometimes menace and threaten the said ministers and sometimes, for seeking of their livings or such other quarrels, spare not to put violent hands in them; for remedy whereof, it is statute and ordained by our said sovereign lord, with advice of the estates aforesaid, that whatsoever person or persons invades any minister or puts any violent hands in him for the causes above-expressed, or any other such forged quarrel, shall be punished for that with all rigour and incur the pain of loss of all their moveable goods for the said invasion and violence only, albeit no slaughter nor mutilation follow thereupon, the one half of the said moveable goods to be applied to our sovereign lord's use and the other to the party offended, without prejudice of greater punishment if any higher crime concur with the violence and invasion aforesaid. And for the better execution hereof, it is statute and ordained that all persons dilated of the said offences shall be called and pursued thereof criminally before the justice and his deputes, either in justice ayres or at particular diets, and that letters be directed to that effect in common form at the instance of the minister or the king's advocate or procurator for the kirk or any other that will pursue the said offences; and where any excommunicated person enters in the congregation the time of the administration of the sacraments or common prayers, the minister being certified thereof, shall immediately thereafter charge the excommunicated person in the name of God and our sovereign lord to depart, which being refused, he shall, after the administration of the sacraments or common prayers ended, require so many of the most wise, discreet and substantial of the parish as he pleases, that they, in our sovereign lord's name, shall take and apprehend the said excommunicated person and present him to the judge ordinary within the bounds of the shire where the parish lies, which judge ordinary shall be held to receive the same excommunicated person off their hands and keep and retain him in prison until he find caution under such sums as shall be modified by the minister and so many of the elders of that kirk as are present for the time or resort to the weekly assemblies, that the excommunicated person reconcile himself to the kirk and shall make amends for the said offence. And if the excommunicated person aforesaid forces any of them in the execution of the premises, he being convicted thereof, his moveable goods shall fall in escheat to our sovereign lord and his person shall be punished at his highness's will and pleasure.
[1587/7/17]*[print] [email] [cite] [preceding] [following]
†Item, it is statute and ordained that the commission for deprivation of persons provided to benefices for the cause of deprivation† shall extend as well against persons provided to prelacies as other inferior benefices under prelacies, to be used by the persons specified in the said commission or such others as his highness shall give commission to in that behalf for all transgressions of the acts made thereupon since the parliament held at Linlithgow in December 1585.
[1587/7/18]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord and his three estates of parliament, perfectly understanding the greatest part of his proper rent to have been given and conveyed of old to abbeys, monasteries and other persons of clergy, whereby the crown has been so greatly hurt that thereafter his most noble progenitors had not sufficient means to bear forth the honour of their estate as they had before, which has bred sundry inconveniences within this realm; and seeing the causes of the dissolution of the patrimony of the crown to the kirk after the truth known are found neither necessary nor profitable, and that by many occasions, through a long process of time, the dearth has so greatly increased, not only in this realm but in all countries, that the prince's charges are not able to be upheld by that part of the patrimony which now rests in his hands; and his highness, for the great love and favour which he bears to his subjects, being in no way minded to grieve them with insupportable taxation, especially for his royal [sup]port, it is found most suitable and expedient that he shall have recourse to his own patrimony conveyed of before (the cause of the disposition now ceasing) as a help most honourable in respect of himself and least grievous to his people and subjects; and therefore our said sovereign lord and his said three estates of parliament, by the force of this present act, have united, annexed and incorporated and unite, annexe and incorporate to the crown of this realm, to remain therewith as annexed and as it were property thereof in all time coming, and with our said sovereign lord and his successors forever, all and sundry lands, lordships, baronies, castles, towers, fortalices, mansions, manor places, mills, multures, woods, shaws, parks, fishings, towns, villages, burghs in regality and barony, annualrents, tenements, reversions, customs, great and small, feu ferms, tenants, tenantries and service of free tenants, and all and sundry other commodities, profits and emoluments whatsoever, as well to burgh as to land (except as hereafter shall be excepted in this present act), which at the day and date of this act, namely 29 July 1587, pertains to whatsoever archbishop, bishop, abbot, prior, prioress, whatsoever other prelate, either ecclesiastical or beneficed person of whatsoever estate, degree, high or low, and at the day and date of this act pertains to whatsoever abbey, convent, cloister, whatsoever order of friars or nuns, monks or canons, however they be named, and to whatsoever college kirk founded for chantries and singing, or to whatsoever prebendary or chaplainry wherever they lie or be situated within this realm and dominion thereof; and likewise all and sundry common lands possessed by chapters of cathedral, kirks and chantry colleges as common and whereof the said chapters have been in possession before in commonty, to be in all times hereafter taken, held and reputed as it were the property and patrimony of the crown, to remain therewith in all time coming after the form, tenor and order of the act of annexation made in the time of our sovereign lord's most noble predecessor, King James II, and according to all clauses, conditions and circumstances thereof, which in all points are held for expressed in this present act. And also it is statute and ordained that the execution of this act in levying of the profits shall begin and take effect at the term of Martinmas [11 November] 1587, that our said sovereign lord may receive the rents and duties of the said term, and so forth to continue in time coming. And because it is not reasonable that after the said annexation of the said temporal lands to the crown the said prelates and ecclesiastical persons be burdened with any taxations for and in respect of the said annexed lands, his majesty and the estates of this present parliament have remitted the order to be taken for their relief in that behalf to certain persons to whom the order of the general taxation of all lands within this realm is committed, which order to be taken shall be observed in all time coming and the heritable possessors of the said lands and others indebted in taxations shall pay their tax according thereto. And further, it is declared, decreed, statute and ordained by our said sovereign lord and his said three estates of parliament that in case any of the said prelates or persons ecclesiastical whose temporal lands are properly comprehended in the said annexation shall be hereafter called and pursued at the instance of whatsoever persons for warrandice of any of the said kirklands set in feu or tack by them or their predecessors to diverse persons by occasion of double infeftments or assedations are for whatsoever other cause, they and their successors shall in no way be obliged to warrant the same except for their own death, to wit, when the warrandice proceeds and takes occasion upon double infeftments or assedations of a land, both proceeding from one person, conveyer thereof, yet alive, in which case only they shall be obliged as said is. It is also concluded, statute and ordained by our said sovereign lord and his three estates of parliament that the said annexation shall have full strength, force and effect in all lordships, baronies, tenantries and other temporal lands which pertained to any prelacy or other benefice possessed before by whatsoever prelate or ecclesiastical person against whom process of forfeiture or barratry has been led at any time since our said sovereign lord's coronation, albeit they have been in any parliament before or shall be now at his present parliament or hereafter fully restored against the said sentences, and processes and their restitution shall have no effect against the said annexation, but the said annexation shall have effect against them; notwithstanding the said restitution, it shall be always lawful to our said sovereign lord in his own time to set in feu ferm whatsoever the said kirklands which were not set in feu ferm before, if any be. And likewise, if any infeftments of feu ferm of the said lands now annexed which were set in feu ferm before shall happen to be retreated and reduced for the reasons and causes hereafter expressed, wherein his highness and his successors shall only be heard to quarrel and claim, it shall be lawful to his highness in his own time, as said is, to set the same in feu ferm, notwithstanding the said annexation; and to the effect aforesaid, the said provision shall serve for a sufficient dissolution in that behalf and his highness and his three estates aforesaid dissolve the same in that part. And likewise it shall be lawful to our said sovereign lord to use the superiority and feu ferms of the lands of Tulloes, the mill of Craichie, mill lands and sucken of the same, the lands of Corstoun, which pertained to the abbacy of Arbroath, lying within the sheriffdom of Forfar and regality of Arbroath, as shall seem good to his highness, and that the conversion of the victual in money or diminution of the rental shall be no cause of reduction of the infeftment, the said annexation or any clause or condition therein contained notwithstanding. Further, our said sovereign lord and his said three estates of parliament have declared and, by the tenor hereof, declare, decree and ordain that the lands, lordships and baronies underwritten erected by his highness in temporal lordships and baronies before the date of this present act, which is 29 July 1587, are not, nor shall not, be comprehended in the said annexation, excluding the same utterly therefrom, to remain with the persons to whom they were first conveyed, after the form and tenor of their infeftments made to them thereof: they are to say, the lands and lordship of Torphichen; the earldom of Gowrie; the lordship and living of Deer, now called the lordship of Altrie; the lands and baronies of Newbattle, with the other lands annexed thereto; the baronies of Broughton and Carse; the burgh of the Canongate and a part of the town of Leith; the barony of Alhammer, also called Whitekirk, which of before pertained to the abbacy of Holyroodhouse; the lands and lordship of Musselburgh, which of before pertained to the abbey of Dunfermline, which lands and lordships are conveyed to diverse persons as their particular infeftments bear; and also excepted the whole remaining lands of the abbey of Dunfermline, declared as yet to abide with the said abbey in the same estate wherein they then were, and are not comprehended in the annexation aforesaid, but to remain with the said abbey until further order be taken; as also excepted out of the said annexation of kirklands to the crown the infeftment of the temporality† of Paisley and the priory of Pluscarden and temporality thereof. It is always provided and our said sovereign lord, with advice of his said three estates in parliament, declares that notwithstanding the said annexation is appointed to take effect in manner aforesaid at the feast of Martinmas 1587, nevertheless, John [Hamilton], lord Hamilton, commendator of the abbacy of Arbroath, shall possess the fruits, profits and duties of the said abbey during his lifetime in the same manner as he did before, except the profits of the lands of Craichie and mill thereof, the lands of Tulloes and Corstoun, feu ferms and duties of the same, for the which he shall be recompensed according to the general order to be taken with the remaining ecclesiastical persons whose rent is divided by the said annexation, according to the act and ordinance made thereupon. In like manner, our sovereign lord, with advice of his said three estates, ratifies and approves the gift and disposition made by his highness to John Bothwell, son lawful to Adam [Bothwell], bishop of Orkney, of the abbacy of Holyroodhouse and whole fruits thereof, with the whole freedoms, jurisdictions, liberties, rents, profits and emoluments of the same, with the whole reservations, clauses, conditions and circumstances of the same after the tenor thereof, as the same of the date 10 December 1582 bears, declaring the same to be sufficient and valuable to him for possession and enjoyment of the said benefice and whole fruits thereof enduring his lifetime, notwithstanding whatsoever acts, constitutions or laws, civil or municipal, made in the contrary, dispensing therewith and effect thereof; and that this present ratification be as sufficient as if the said gift and disposition had been excepted especially in the said acts or any of them, and this always to be without derogation of the act of annexation of the temporalities of benefices to the crown or of whatsoever rights and titles made by them or either of them in favour of whatsoever persons, which by this his highness means in no way to prejudice, but the same to stand ratified and approved in their full strength and force as if they were specially mentioned herein. It is always understood, likewise as our said sovereign lord and his three estates declare, that under the said annexation or any clause herein specified, the teind sheaves and other teinds of whatsoever lands within this realm pertaining to any parsonage or vicarage are not, nor shall not, be comprehended, except where the teind and stock is set together, as is hereafter declared, but that the same shall remain with the present possessors having right thereto and who shall have right to the same hereafter, notwithstanding the said annexation or any general clauses therein specified, which shall in no way be extended to the said teinds more than if the said annexation had never been made; reserving always and excepting to all archbishops, bishops, abbots, priors, prioresses, commendators and other possessors of great benefices of the estate of prelates and which before had, or has, vote in parliament, their principal castles, fortalices, houses and mansions, with the buildings and yards thereof, as they lie and are situated within the precincts and closures of their places, which shall remain with them and their successors hereafter for their residence and habitation, notwithstanding the said annexation which shall in no way include the same, but the same castles, houses, mansions and others immediately before rehearsed shall abide in the same estate wherein they were before the said annexation, without prejudice or hurt to be meant or intended to the said prelates or any other persons that may have or justly pretend right thereto, providing always they keep and maintain the same in the estate wherein they presently are. Excepting also out of the said annexation all and whatsoever mansions of parsonages and vicarages annexed to parish kirks, with four acres of the glebe most near to the kirk and commodious for the minister serving the cure thereof, for his better residence, that which shall not be nor are not comprehended in the said annexation, but shall remain with the minister, parson or vicar or others who shall be provided thereto for serving of the cure according to the acts of parliament made thereupon of before; excepting in like manner all and sundry lands, profits, tenements, annualrents, teind sheaves and other emoluments and profits whatsoever given, granted and conveyed for subsistence of masters and students in colleges erected for exercise of learning and for grammar schools and for sustenance of ministers making their residence in burghs where there is no other stipend appointed to them; and likewise excepting and reserving all lands, teinds, profits, annualrents and commodities whatsoever granted before the date hereof by our sovereign lord or whatsoever his highness's predecessors or by whatsoever other persons to any hospital or maison-dieu within this realm and that in favour of the poor and needy, providing that the same be not conveyed nor applied to any other use; and finally, excepting and excluding out of the said annexation all lands, baronies, tenements, annualrents and other commodities whatsoever which pertained of before to whatsoever benefice, great or small, being of lay patronages, to the which the said annexation shall not be extended nor comprehend the same, to the effect that none of the said lay patrons be hurt or damnified thereby, and notwithstanding the said general annexation of all lands, lordships, baronies, tenements, annualrents and other commodities above-specified (except before excepted) to the crown of this realm, to remain therewith as it were proper patrimony thereof in all time coming. It is by this present act specially provided that where the said lands and others above-specified or any part or portion thereof, great or small, are set in feu ferm, tack and assedation or are conveyed in free tenantry in blench, kane or for service of ward and relief or otherwise as may stand and agree with the laws of this realm, the said heritable free tenants, feuars, tacksmen and other righteous titulars thereof shall possess and enjoy their lands, lordships, baronies, tenements, annualrents and their other rights and titles whatsoever after the form and tenor of the same in all points, and our said sovereign lord and his highness's successors shall be hereafter immediate superiors to them, likewise they shall become by virtue of this present act immediate tenants and vassals to his highness and their successors in their said lordships, lands and tenements for payment of the duty and service contained in their infeftments, tacks and assedations and other rights and titles thereof, in the same sort and manner as they might have been obliged to the said ecclesiastical persons and no other way; and that by the same infeftments, tacks, rights and titles which the said possessors have of the same, they shall use, enjoy and possess their said lands and it shall not be necessary to them to alter their said infeftments and rights, nor to take the same of new of our sovereign lord, notwithstanding the translation of the superiority in his highness. And because there are diverse pensions granted to many persons out of the said annexed lands, as well by the said prelates and other ecclesiastical persons as by our sovereign lord, the benefice becoming vacant in his highness's hands either through decease or by process of forfeiture or barratry led against the possessor of the benefice, our sovereign lord and his said three estates of parliament decree and declare that the said pensioners shall in no way be hurt nor prejudiced in their said pensions (they being lawfully provided thereto) by the said annexation, so that the said pensioners have been authorised by decreets of the lords of council or other judges ordinary or have been in lawful possession of their pensions at any time preceding. It is always declared and decreed by our said sovereign lord and his said three estates in parliament that in all and sundry lands, lordships, tenements, annualrents, other profits and commodities whatsoever properly comprehended in the said annexation, our said sovereign lord and his successors shall have the only and full right of the superiority of the tenantries likewise and in the same manner as the said ecclesiastical persons had the same of before, and that the heirs of the present heritable possessors in all time coming shall enter by brieves of our sovereign lord's chapel only, which brieves shall be directed to the sheriff of the shire where there was no regality before; and where there was any regality which has now a heritable bailie or stewart, the same shall be directed to the said bailie or stewart and their deputes, after the service of the which brieve, the same being retoured to our sovereign lord's chancellery, whether the said lands lie in royalty or regality, the party shall have precepts to be seased, held of our said sovereign lord according to his retour by the same conditions as our said sovereign lord's other tenants have been seased by precepts directed out of the chancellery of before, in the which precept commandment shall be given to the sheriff, stewart or bailie to whom the same shall be directed to take security for the duty owing to our said sovereign lord as the cause shall require by the retour; as the custom has been in the king's tenantries in time past. And because our said sovereign lord and his successors are decreed and declared by the tenor hereof to have the full right of the superiority of the said tenantries of kirklands, it is therefore statute, decreed and ordained that his highness and his successors shall have sufficient right, action and interest for compelling of all and sundry the said tenants now presently being, and their heirs and successors that shall be for the time, to pay the duties and do the services contained in their infeftments in all time coming; and in case the clauses and conditions of the said infeftments be contravened, his highness and his successors shall have action to retreat and reduce the said infeftments according to the clauses, conditions and restrictions specified therein for any fault, offence or contravention that shall be done or committed in time coming only; and his highness and his successors shall not have action, title, power or right to call any of the said infeftments, or tacks and assedations of any of the said kirklands which are made by them who had power to make the same or any right or title depending thereupon, in question, nor yet to pursue the reduction, annulling or expiring thereof, nor yet shall his highness nor his successors have any manner of action, right or title to retreat, reduce and annul whatsoever infeftments of the said kirklands, duly and lawfully confirmed by him or his predecessors, either for diminution of the rental, so that the said diminution be not of the old penny mail penny for penny; and his majesty and his successors shall in no way be heard to quarrel the said infeftments of feu ferm for conversion of the victual in silver duty or for any other reason of cause of nullity, invalidity, injury nor hurt, or by reason of whatsoever law, canon or municipal, statute or constitution, except in the cases aforesaid for non-payment of the said duties and due services in time coming according to the restrictions contained in the said infeftments; and also excepting where our said sovereign lord and his successors may have quarrel or condemn the said infeftments if any of them be false and pretended, in the which cases only his highness and his successors shall have place to pursue and by the tenor of this present act are, and shall be, expressly and continuously excluded from all other action, cause and pursuit, except the cases aforesaid. And moreover, our said sovereign lord and his three estates of parliament, for the greater assurance to the said feuars and free tenants, declare that it shall not be lawful to him nor his successors, and that his highness in no way means nor intends directly nor indirectly to harm or prejudice the said feuars and free tenants, their heirs and successors in their rooms and possessions pertaining to them for any cause, except for the special cause above-excepted, but that they shall possess their said lands, feus and tenantries as freely in all respects for payment of the duty and service specified in their infeftments as any his lords, barons, feuars and free tenants, which were his immediate vassals of old, have possessed and enjoyed their said lands and heritage or presently possess and enjoy the same, without any difference hereafter. And because the teind sheaves and other small teinds of all lands within this realm are expressly excepted out of the said annexation and the same in no way extended thereto, and thereby it is considered that question may fall out concerning the payment of the feu ferms of the kirklands to our sovereign lord where in an infeftment the lands and teinds are set together for a duty and, without division or distinction, how much shall be paid for the said land and how much for the teind, which may seem hurtful to such as have the lands set to them with the teinds included and to the ecclesiastical persons to whom the teinds are reserved; for avoiding of the which question, our said sovereign lord and his said three estates of parliament decree and declare, statute and ordain that the comprehending of the said teinds and including the same with the lands shall in no way break our said sovereign lord's superiority aforesaid, but his highness shall remain superior to the whole tenantry, stock and teind after the form of the infeftments and that the right of the said infeftment shall stand indivisible so far as concerns the holding and tenantries, but the said ecclesiastical person shall have action and right to the tenth penny of liquidated mails contained in the said infeftment, and the other nine parts thereof shall pertain to our sovereign lord; and this to be not only of the penny mail, but of all other duties that should be paid for teind and stock, to wit, that nine parts thereof shall pertain to our sovereign lord and the tenth part by just estimation shall appertain to the said ecclesiastical person; and that all the judges and ministers of his laws within this realm judge and decide according to this statute and no other way how often as that question shall be moved upon the case aforesaid. And forasmuch as there are diverse burghs in regality and barony within this realm, which were before held immediately of the said prelates, and have been in use to exercise the trade and traffic of merchandise, to make burgesses and to elect provosts, bailies and other officers suitable and necessary for the government of their communities, our said sovereign lord and his three estates in parliament, in no way willing that they shall be hurt therein, declare, decree and ordain that they shall remain in the same freedom and liberty which they had before the said annexation, to be held always of our said sovereign lord in the same manner and condition by the which they held their said liberties of the said ecclesiastical persons before and in no way hurt in their rights and privileges; and that the one sort and the other be not confounded by this present act but remain always distinct as they were in time past, notwithstanding the said annexation. It is always provided, statute and ordained that the provost, bailies, council and other officers within the said burghs in regality and barony where there were provost and bailies of before, shall be yearly elected, chosen, deposed and altered according to the form and tenor of the acts of parliament made in the days of our sovereign lord's most noble predecessors and ratified in diverse parliaments since his highness's coronation. Further, the said burghs in regality and barony and all lands, tenements and annualrents within the liberty of the same which were held of the said ecclesiastical persons before, shall, from this present, be held of our said sovereign lord and his successors in chief, and the heirs shall be entered thereto by our said sovereign lord's brieves to be directed to the said provost and bailies of the said burghs, and the service shall be retoured to his highness's chancellery, upon the which retour the director shall deliver a precept in competent and due form, with provision of security to be taken for the mails and duties of the said lands and annualrents as they shall be retoured, because the said burghs are not his free burghs regal and were not relieved of their non-entries at the hands of the said prelates, their superiors, in times past; and where the prelate received resignation or gave interest, that the king's majesty shall give it now by order of his chancellery; and where the power was in the hands of the bailies of the burghs within regalities, that they possess and enjoy their right and privilege as of before. And because the said lands, lordships and baronies which before pertained to the said archbishops, bishops, abbots and other prelates, there are diverse our sovereign lord's lieges constituted heritable bailies and stewarts of the said lordships and regalities, which heritable bailies and stewarts our said sovereign lord intends not to hurt by the said annexation, therefore, our said sovereign lord and his said three estates of parliament declare, decree, statute and ordain that the said heritable bailies and stewarts and their heirs and successors shall now and hereafter abide and remain in their right and title which they have of the said offices, except in the change of their superior in our sovereign lord and his successors, which in all time hereafter shall be their immediate superiors, likewise the said heritable bailies and stewarts shall be their immediate tenants and vassals of their said offices, after the form and tenor of their infeftments and for doing of the service specified in the same. Further, the said heritable bailies and stewarts shall, notwithstanding the said annexation, have the same liberty, power and jurisdiction which they had before in actions and matters civil and by the said annexation there shall no further power, jurisdiction or authority appertain to our said sovereign lord's sheriffs nor accrue to them, but their said power and jurisdiction shall remain in the same estate limited, as the same is at this present, according to the ancient laws and custom of this realm. And further, the said heritable stewart or bailie of the said regality shall have the same power which he had before to repledge from the sheriff or his deputes in all causes and actions criminal or civil, where repledging was granted of before; and if the said sheriff and his deputes refuse to admit the said repledging, he and his deputes shall be punished for that and his process led in the contrary shall be of no value. And in causes criminal the said bailie or stewart of the regality shall be judge competent in all manner of crimes wherein the lord or bailie of the regality was accustomed to be judge in times past; and albeit our sovereign lord's justice general, lieutenant or justice in that part by special commission summoned the offender, indweller of the regality, to compear before them to underlie the law for the crime for the which he shall be dilated, the said bailie or stewart of the regality shall have power to repledge from our said sovereign lord's justice aforesaid to his own court, in case he have prevented by apprehending of the offender's person or by his summons first directed and executed against the offender before our said sovereign lord's justice apprehended the person suspected or dilated for the offence and crime or execute summons upon him to underlie the law for that; but our said sovereign lord's justice general, lieutenant or commissioner shall be judge competent in case of prevention upon his part by the apprehension of the trespasser or first execution of the summons against him, and in that case the said bailie and stewart of regality shall have no power to repledge, but, if he pleases, he shall be adjoined to the king's justice and judge with him; and in case of conviction, the said bailie and stewart heritable, assistant to the judgement, shall have such part of the escheat as he may claim by virtue of his office and infeftment given to him thereupon. And it is also decreed, statute and ordained that no bailie nor stewart heritable of any regality shall hereafter be heard to repledge from our said sovereign lord's justice ayre held by his justice general, but he shall be adjoined, if he pleases, to the king's justice and shall have so much of the fine and penalty of the persons dilated as he ought to have by the right of his infeftment. In like manner, it is statute that in all hosts and armies the inhabitants of the lands within the said bailiaries and stewartries shall be under the commandment of the said bailies and stewarts heritable in such manner as they were accustomed to assemble with the said prelates and bailies in time bygone; as also shall give musters at their wappenschawings before them according to the act of parliament, under the pain contained therein to be lifted to the said bailies' and stewarts' use. And moreover, it is specially provided that notwithstanding of the annexation of the temporalities of benefices to the crown, yet the conventual brethren of the abbey of Dunfermline shall in no way be prejudiced nor hurt concerning their livings, portions, pensions, yards and duties of the said abbey, but that they and every one of them may peaceably possess, enjoy and uplift their portions, pensions, livings, yards and duties of the same abbey during their lifetimes, according to their gifts, special assignations thereof, and to our sovereign lord's ratification and confirmation thereupon in all points. The which day, our sovereign lord, sitting in judgement in plain parliament, by his declaration made in presence of his three estates, saved to himself liberty and privilege to except and reserve out of the acts of the annexation of the temporalities of benefices to the crown, of the satisfaction of the temporalities annexed, of his highness's revocation general and of the ratification of the restitution, pacification and abolition all such persons, causes and matters and with such provisions, limitations and restrictions as to his majesty shall seem expedient, which his highness ordains and commands his clerk register to insert and incorporate within the bodies of the said acts, the same exceptions and reservations being delivered to him subscribed by his highness and his chancellor before 15 August 1587. And further, our sovereign lord, according to the liberty and privilege saved to himself, sitting in judgement in plain parliament, has excepted out of the said general annexation the temporalities of the abbeys of Coldingham and Kelso and cell of Lesmahagow, declaring them as yet to remain with the said abbeys and cell in the same estate wherein they then were and that they were not comprehended in the annexation aforesaid, but to remain with them until further order be taken; and has declared that it shall be lawful to his highness to use the superiority and feu ferms of the lands of Letham, lying within the sheriffdom of Fife, being a part of the patrimony of the bishopric of St Andrews, all and sundry the lands and others after-specified, which are a part of the patrimony of Lincluden: they are to say, the five merk land of Little Dryburgh, the five merk land of Drumjarg, the five merk land of Ernfillan, the five merk land of Erncraig, the five merk land of Blairinnie, the five merk land of Meikle Dryburgh, the five merk land of Chapmanton, the five merk land of Blackerne, the five merk land of Ernemye, the five merk land of Culnaightrie, the corn mill of Crossmichael, the five merk land of Garranton, the two merk land and a half of Blackpark, all lying within the barony of Crossmichael and stewartry of Kirkcudbright; the fifteen shilling land of Staikfurd, the forty shilling land of Newton, the merk land of Cluny and Skellingholme, the six merk land of Terraughtie, the six merk land of Drumgranis, the five merk land of Troqueer, the merk land of Stockholm, the five merk land of Nunland, the five merk land of Cruistanis, the six merk land of Holme, the twenty shilling land of Maryholme, the four merk land of Nunholme, all lying within the barony of Drumsleet and stewartry aforesaid; together with all castles, towers, fortalices, manor places, houses, buildings, orchards, yards, mills, woods, fishings, parts, pendicles, annexes, connexes, outsets, tenants, tenantries and ferms of feu ferms, kanes, customs, services, casualties and other commodities whatsoever. And if it shall happen our said sovereign lord to convey of any of the lands, mills and fishings of the said provostry which are comprehended in the said annexation, or which are now excepted and reserved as said is and shall be hereafter demitted in his highness's hands by the provost and prebendaries thereof, that if his highness converted the ferms or victual in silver, the same shall be no diminution of the rental or cause of reduction of the said infeftments to be made thereof. And also has declared and declares that it shall be lawful to his highness to use the superiority and feu ferms of the lands of Lurg and Kincardine† and the preceptory of St Anthony's in Leith and chaplainry of St James at the Newhaven lands, teinds and annualrents of the same as shall seem good to his highness. And also declares that notwithstanding the said annexation appointed to take effect in manner aforesaid at the feast of Martinmas 1587, that Master Robert Douglas, provost of Lincluden, and [...] Douglas, son to the laird of Drumlanrig, his successor, shall possess the fruits, profits and duties of the said provostry during their lifetimes in the same manner as they did of before; as also ratifies and approves the provision made to [...] Douglas, son to the laird of Drumlanrig, of the provostry of Lincluden, and that the act of satisfaction shall be extended in his favour, declaring the same provision to be sufficient for possession and enjoyment of the said provostry and whole profits thereof, notwithstanding whatsoever acts, constitutions or laws civil or municipal made in the contrary, dispensing therewith and effect thereof. And likewise excepts out of the said annexation the lands and others underwritten, which are a part of the patrimony of North Berwick: they are to say, all and whole the place where the abbey kirk and cloister of North Berwick stood before, which is now ruinous and was no parish kirk, and also all and sundry the lands of the haugh of North Berwick Law, the Law Meadow, the mills of Kinkeith, with the crofts thereof, the other four crofts of land sometime occupied by Robert Home of Haugh, with their pertinents, lying on the south side of the burgh of North Berwick, all and whole the west part of the town of North Berwick, called the Nungate, lying upon the west side of the burn called the Clairtie Burn, with all and sundry lands, tenements, houses, buildings, outsets, tails, barnyards and other pertinents thereof, all and whole the two husband land in Bonestoun, with their pertinents, all lying within the sheriffdom of Edinburgh and constabulary of Haddington; all and whole the lands of Moncreiffe, the lands of Alderny, the lands of the Grange, with their pertinents, all lying within the sheriffdom of Fife; with houses, buildings, fortalices, mansions, yards, orchards, ferms of feu ferm, tenants, tenantries, parts, pendicles and pertinents of all and sundry the aforesaid lands, which his majesty declares are not, nor shall not be, comprehended in the said annexation.