[A1573/1/6]* [print] [email] [cite] [preceding] [following]
Forasmuch as by an act of parliament held and begun at Edinburgh, 4 June 1563, it was statute and ordained that no parson, vicar, nor other ecclesiastical person should set in feu or long tacks any of their manses or glebes pertaining to the kirks, and also that those that were appointed or to be appointed to serve and minister at any kirk within this realm should have the principal manses of the parson or vicar or so much thereof as should be found sufficient for furnishing them, to the effect that they may the better serve the charge appointed and to be appointed to them, whether the said glebes were set in feu or tack of before or not, or that a reasonable and sufficient house be built for them beside the kirk by the parson or vicar or others having the said manses in feu or long tacks; and further, so much land to be annexed to the said dwelling places of those that serve and minister at the kirk as thereafter with good advice should be appointed, as the said act at more length purports; which being in diverse points doubtful and uncertain, no good execution has followed thereupon in time past. And therefore our sovereign lord, with advice of [James Douglas, earl of Morton], my lord regent's grace, the three estates and whole body of this present parliament, finds and declares that the manses either pertaining to the parson or vicar most nearest to the kirk and most commodious for dwelling, pertains and shall pertain to the minister or reader serving at the same kirk, together with four acres of land of the glebe at least, lying contiguously or nearest to the said manse, if there be so much; and failing thereof, so much as there is to be marked and specially designated by the archbishop, bishop, superintendent or commissioner of the diocese or province the time of their next visitation, by the advice of any two of the most honest and godly of the parishioners which they shall require (not being possessors of the said manses or glebes themselves) to join with him in execution hereof, whether the said manses and glebes be set in feu or tacks of before or not; and upon the said marking and designation, the archbishop, bishop, superintendent or† commissioner shall give his testimonial, bearing how he, with advice of such two of the parishioners, has visited the manses and glebe of such a kirk and finds the same occupied by such persons, and that they have appointed, marked and† designated the said manse, with four acres or such quantity of land adjacent thereto, to the use of the minister or reader that shall serve and administer at the said kirk in time coming, and upon the minister or reader's supplication wherewithal the said testimonial shall be presented to the lords of council and session, letters shall be directed charging the occupiers and possessors of the said manses and acres of land, whether the same be set in feu or tacks of before or not, to remove, desist and cease from that, and enter the said minister or reader to the possession of the same within ten days, under the pain of rebellion; and if they fail, to put them to the horn; and in case they be denounced, caption and other executorials according to the laws and custom of this realm to be† directed against them. Which manses and acres of land so marked and designated† as said is, it shall not be lawful to the ministers or readers present or† to come to sell, alienate, set in feu or tacks, or to put any in the possession of the same, in prejudice of their successor, but the same to remain always free to the use and easement of such as shall be admitted to serve and minister at the said kirk. And where any persons upon pretence of feus or tacks obtained of manses or glebes has made sumptuous buildings thereon, from† which they will think heavy to be dispossessed and removed, that then the archbishop, bishop, superintendent or commissioner, in time of their visitation, travail to agree the feuar or tacksman, and the minister or reader by delivering to the same minister or reader of another manse, which shall be as good and as near as the other by just estimation the time that it was set in feu or tacks, to be built between now and 1 October† 1573,† together also with† certain acres of land adjacent thereto in manner aforesaid,† for eschewing of debate and contention; but if the feuar or tacksman refuse willingly to condescend to the same, then the execution to proceed for removing from the principal manse and so many acres of land as is before specified,† notwithstanding any buildings made or to be made thereupon, providing always† that so much of the feu mail be deduced† to the feuar proportionally for the same acres given to the said ministers or readers, and to build the said manse between now and 1 September 1573,† providing also that the feuars have action against the setters of the said manses or glebes for so much of the entry silver paid by them according to the rate at the time of the setting of the said feus.†