[1609/4/31]¹

²Act regarding the patronages of forfeited persons

Our sovereign lord, being most desirous that all the vacant kirks within his kingdom may be planted with qualified and worthy men, and that those who are already provided to benefices lawfully vacant at the time of their provision and who have obtained decreet according thereto, with lawful and peaceable possession following thereupon, may be maintained therein, and specially that the restitution of forfeited persons pretending themselves patrons of benefices, either by his majesty's gracious favour, pardon or rehabilitation or by reduction of their forfeitures, shall not be the occasion to subvert the estate of those who obtained lawful provision of any of the said benefices by presentation or gift of the king's majesty or others to whom his majesty conveyed the right of patronage thereof during the forfeiture standing of the other pretended patron, whose crime could neither be any reason to make the vacant benefice not to be conveyed, neither should his restitution or reduction be an occasion to trouble the titular thereof, seeing the sleight or negligence of a lawful patron and faithful subject not presenting within six months to the vacant benefice whereof he is patron makes him for that time to lose his right of patronage, which, by right of devolution falling to the kirk, the person provided by them has undoubted right thereto during his lifetime; and therefore his majesty, with the advice and consent of the estates of parliament, statutes and ordains that all those who are either already provided or shall hereafter be provided by his majesty to any of the said benefices whereof the patronage is fallen to his highness by forfeiture, or by any other to whom his majesty has conveyed the right of patronage of any such benefice, and by virtue thereof have obtained letters according to their provision, with lawful and peaceable possession of the fruits thereof by the space of diverse years, that all such persons shall be maintained in their said right and possession of the said benefices and fruits thereof during their lifetime and shall in no way be quarrelled, troubled nor molested by the said forfeited persons or their heirs, successors or posterity, being rehabilitated, restored or their forfeitures reduced, nor by no other persons having right, disposition or presentation from them, but that the said beneficed persons during the said forfeiture, and by virtue thereof become in possession of the said benefices in manner above-written, shall peaceably enjoy, hold and possess the same benefices, whole fruits, rents, rights, commodities and privileges thereof as freely, peaceably and righteously as if the said patrons had never been forfeited and had lawfully presented themselves, without prejudice to the said patrons being restored and their heirs and successors to recover their right of patronage of the said benefices and to use and exercise the same by due and timeous presentation of able and qualified persons to the said benefices whereof they are patrons whensoever they shall become vacant by demission or decease of the present titulars and no otherwise.