[1578/7/11]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, with advice of his three estates of this parliament, has ratified and approved and, by the tenor hereof, ratifies and approves of new all acts and constitutions of parliament made by whatsoever our sovereign lord's predecessors of before, in favour of the burghs and burgesses of all this realm, inhabitants of the same, with all privileges, freedoms, immunities and liberties granted and given to them, and every one of them; and decrees and declares the same to have full strength, force and effect in all times hereafter, so that the same may be put to full and due execution in all points and to stand as a perpetual law to them and their successors, with this addition: giving them freedom and privilege to convene four times in the year for such matters as concerns their estate, and that in what burgh it shall be thought expedient to the most part of the said burghs, providing always, for eschewing of tumults, that there be present at the said conventions for every burgh one in number, except the town of Edinburgh to have one more than the other burghs.
[1578/7/12]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, with advice of his three estates of this present parliament, has ratified and approved, and, by the tenor hereof, ratifies and approves the act of parliament underwritten made in the parliament held at Stirling, 28 August 1571, of new, and all points, clauses and articles contained therein after the form and tenor thereof, of the which the tenor follows: Item, it is decreed and declared by our sovereign lord, with advice of my lord regent's grace and three estates, that all alienations, resignations, demissions and other dispositions whatsoever made, or to be made, by any person or persons convicted or that shall happen in any way hereafter to be convicted or forfeited for art and part of the treasonable murders and slaughters of our sovereign lord's late dearest father or regents, of whatsoever lands, heritages, offices, benefices, rooms or possessions since the times respectively of the quitting thereof, are and shall be null in themselves and of no value, force nor effect in all time coming, with all that followed or shall happen to follow thereupon, with this addition: that our said sovereign lord, with advice of his said three estates of parliament, has declared and decreed and presently declares and ordains that the aforesaid act of parliament is and was good and viable from the beginning, and that the same should have had in times bygone and should have in all times coming full effect, and that all things, if any be done in the contrary, are and shall be null and of no value, force nor effect, notwithstanding any alleged practice made in the contrary.
[1578/7/13]*[print] [email] [cite] [preceding] [following]
†Forasmuch as it is statute and ordained by act of parliament made in [Mary], our sovereign lord's dearest mother's time, that no infeftments of kirklands set since 8 March 1558 [1559] should be of any force or effect unless the same were duly and lawfully confirmed by our sovereign; and also forasmuch as it happens that double infeftments of feu ferm of any portion of lands given by an ecclesiastical person to diverse persons and sometimes by diverse ecclesiastical persons, to wit, the predecessor and successor to diverse persons in feu ferm, and yet neither of the said infeftments can take effect or be of any value unless they be duly and lawfully confirmed by our sovereign lord; and also it is often seen that confirmation is granted of both the said diverse infeftments at diverse times by the suits of the parties, likewise it is found by sundry ordinances of the privy council that our sovereign lord and his highness's compositors ought not to deny his confirmation upon the reasonable expense of the party suited upon their own peril; and likewise diverse alienations of lands held immediately of our sovereign lord, being made by one person to diverse persons, double confirmations are granted by our sovereign lord thereto, whereas one of the said confirmations ought and can only take effect in all the causes above-specified; and notwithstanding it is the occasion of great debate amongst the lieges, to their great expense, as well in payment of their compositions as that the same breeds occasion of such great lawsuits; for remedy thereof, it is concluded, statute and ordained by our sovereign lord and three estates of parliament that whosoever obtains or has obtained the first confirmation of any infeftment, either of kirklands or other lands held of our sovereign lord, that the first confirmation shall be of value, force and effect and shall prevail to the second, the said infeftment which is first confirmed being valid in the self and lawfully made; and in this case, the last confirmation shall not be respected, albeit the same confirms the first infeftment, but the first confirmation of the last infeftment shall prevail to the last confirmation of the first infeftment by way of exception or replay without any summons or process of reduction. It is always provided that if the principal infeftment first confirmed for any other substantial cause by the aforesaid confirmation be of no value or unlawfully made, to the prejudice of any other party having entry to the lands therein contained and who may be excluded by reason of the said first confirmation by the party having entry, shall be heard to accuse or reduce the said infeftment first confirmed or otherwise to move action against the same according to the law, whether they have obtained confirmation of their infeftment or not. It is also statute and ordained that no double confirmations of infeftments of kirklands or others held of our sovereign lord be granted hereafter, and discharge the keepers of the signet, privy and great seals that they pass not double confirmations; and if the said double confirmations pass in time coming, our said sovereign lord, with advice of his said three estates, decrees and declares the last confirmation to be of no value, providing as is above-specified.
[1578/7/14]*[print] [email] [cite] [preceding] [following]
Forasmuch as the provost, bailies, council and community of the burgh of Irvine have been accustomed these many years bygone to have two fairs in the year to be held within the said burgh, that is to say the first fair beginning on 15 August, which is the First Lady Day, and the next on 8 September, which is commonly called the Later Lady Day, being only 23 days between them; and now because commonly the said day of September is the time when the inhabitants of the country may not readily resort and repair to the said burgh for doing of their necessary business in the said time of fair by reason of the harvest, but must wait upon the shearing of their corns off the ground and winnowing thereof, and likewise there can be no commodious place appointed for the horse market and other beasts in respect that the corns are not separated then from the ground, whereby a convenient place may be appointed to that effect without destruction of the said corns; and also there are sundry other burghs having the same Later Lady Day appointed to them for their fairs and markets, which are near to the said burgh, whereby they are damnified of their traffic. For remedy thereof, our sovereign lord, with advice of his three estates of this present parliament, has altered and changed the said fair and market of the said burgh of Irvine which was accustomed to be held in all times bygone upon the said 8 September, named the said Later Lady Day, to be held within the same burgh yearly in time coming, excepting only for this present year, on 24 October 1578, giving freedom, faculty and power to the said provost, bailies and inhabitants to cause proclaim their said fair and market yearly in due time to the said 24 October likewise and in the same manner as they were accustomed to do the same on the said 8 September, granting to them also all customs, privileges and immunities which also they had of before at the said fair appointed upon the said 8 September. And our said sovereign lord and estates aforesaid have declared and declare the said fair and market, which was held of before within the said burgh upon the said 8 September, to be abrogated and expired from this instant year forthwith, and the same to be held perpetually and in all time coming upon the said 24 October, which the king's grace and estates aforesaid declare to be as lawful and sufficient as the same was held of before upon the said 8 September, and that without derogation, hurt or prejudice of the said burgh customs, privileges or immunities granted to them of before from our said sovereign lord's predecessors; and ordain the lords of council to direct letters for publication hereof, if need be, in the appropriate form.