[1587/7/111]¹

Act concerning the parsonage of Duns

²Forasmuch as in the parliament held at Linlithgow in the month of December 1585, because certain spiritual persons who were banished or otherwise exiled themselves out of the realm of before were prejudiced by their absence concerning their rights and titles of their benefices had by them preceding the said act, whom the king's majesty, by advice of his estates, thought good to reinstate and restore wholly, and thereupon made ordinance that decreets given by his majesty's privy council at any time of two years preceding the said act should not be prejudicial to them in so far as trial was not taken by the judge ordinary, ordaining such decreets to be of no value and the persons dispossessed to be repossessed to the strength and vigour of the said act, the execution of the which act was meant to have been towards the beneficed persons exiled and absent out of the realm and not to such as were present and had place to compear and use defences; and, willing as is most reasonable, that the decreets given against parties compearing and defending should have full effect, which ought not to be comptrolled again by inferior judges, and especially the decreet of secret council given and pronounced in favour of Master Peter Denniston against Patrick Gates concerning the right of the parsonage and vicarage of Duns, bearing the said Patrick Gates the time of the giving and pronouncing of the aforesaid decreet to have compeared personally before the said lords of secret council, as the said decreet of the date at Holyroodhouse on 23 February 1584 [1585] at more length purports; therefore, his majesty, with advice of the three estates of this parliament, decrees and declares that the aforesaid act of parliament made at Linlithgow shall in no way be extended nor be interpreted in favour of the said Patrick Gates, whom against the aforesaid decreet was given during the said two years in favour of the said Master Peter Denniston in the court of appeals, the said Patrick Gates compearing personally as said is the time of the pronouncing of the aforesaid decreet; and therefore ordains the same decreet of the date above-written to stand in the full strength, force and effect as if the aforesaid act of parliament had never been made.