2Ane act tuecheing the provisioun to his hienes of a gard and suir pament of thair ordinare wages

The kingis majestie, with avise of the thrie estatis of this present parliament, having considerit how necessar it is to have ane reasounable numer of gentilmen to attend continowallie upoun his hienes persoun as his gard, hes thocht the numer of fourtie personis meit to be electit and interteneit for that effect, hable, honest and weill horssit and having sum reasounable levingis of thair awin, quhilkis, being sworne and admittit in his hienes service, sall be unremovable thairfra during thair lyftymis, without upoun worthie and greit causis they salbe justlie deprivit, everie ane of quhilkis fourtie personis sall have tua hundreth poundis3for thair intertenement thankfullie pait to thame at tua termes in the yeir, Witsounday and Martimes in winter, be equall portionis, beginnand the first termis pament at the feist of Martimes nixtocum in this instant yeir of God jM vC lxxxiiij yeris; and for suir pament of thair saidis wagis and intertenement, that thei sall4 in defalt thairof be compellit to neglect or leif his hienes service, or his majestie to be frustrat and destitute of the samyn, his hienes, na wayis willing to lay the burding of thair said intertenement upoun his people be ony taxatioun or impositioun to be rasit upoun thame, quhairof he is maist willing to eis and releiff thame, bot to provyid the said intertenement utherwayis; thairfoir, with avise of his saidis thrie estatis, decernis, declaris, statutis and ordinis that of all the prelaciis and utheris inferiour benefices within this realme (lawit patronageis exceptit) now vacand or that heirefter sall happin to vaik, his majestie and his successouris sall have the first yeris fructis efter the deceis, foirfalture or deprivatioun of the last possessour, according as the said benefice salbe valuit in his hienes chekker be the auditouris thairof, to quhom, or ony fyve of thame, his hienes gevis and grantis full power, commissioun and authoritie to mak and set the extent and valew of all the benefices, small and great, within this realme in money, according to the quhilk the said first yeris fructis salbe pait, and that the haill yeir efter the vacance be expirit or than the first yeris fructis instantlie pait befoir ony gift, provisioun or presentatioun of the benefice be grantit; and als decernis, declaris, statutis and ordinis that of everie benefice valued to ane thowsand poundis in the yeir now vacand, or that sall happin to vaik heirefter, his majestie and his successouris sall have frelie pait to thame yeirlie twa hundreth poundis, beside the ordinare thrid, at the termes of Witsounday and Martimes, be equall portionis, and sua proportionally of everie benefice, alsweill abone as benethe the valew of ane thowsand poundis; and befoir ony persoun nominat to quhatsumevir benefice heirefter sall have his presentatioun exped and past the register or seallis, he sall find guid souirtie for pament, alsweill of the first yeris fructis as of the soume dew to be pait be him yeirlie to his hienes and his thesaurare in his majesties name, to his use and effect abonespecifiit; and during the haill space of the vacance of the saidis benefices, the said thesaurare to intromet and uptak the haill rentis, fructis proffitis and dewties thairof. Bot becaus the saidis first yeris fructis of the benefices presentlie vacand and sowmis appointit to be pait furth of the same yeirlie will not serve nor extend presentlie to the pament of the wages of his hienes gard, his majestie and estatis, considering of the nixt best help and provisioun and understanding that the conventis of the abbayis, prioreis and nunreis quhilkis of auld wer ordinit and accustomit to be sustenit upoun the rentis and fructis thairof ar, for the maist part, departit this lyf sen the yeir of God jM vC threscoir yeiris, nane or few utheris presentit be his majestie being enterit in thair places, bot thair portionis be thair deithis accrescing to the priouris, abbotis, commendataris or possessouris of the saidis abbayis, prioreis and nunreis be na law nor constitutioun yit establissit be his hienes and his saidis estatis, it is thairfoir found, declarit, statute and ordinit be his hienes and his saidis thrie estatis that, as the presentationis, giftis and dispositionis of his saidis prelaciis pertenis to his hienes be the richt and privilege of his croun, sa hes he guid richt and interes to crave, ressave, intromet and uptak all the portionis of the personis of the conventis of the saidis abbais, prioreis and nunreis that hes decessit sen the said yeir of God jM vC threscoir yeris, or that sall happin to deceis heirefter, quhill the same abbayis, prioreis and nunreis sall vaik and becum5 in his hienes handis and dispositioun be deceis, foirfaltour or lawfull deprivatioun of the present possessouris thairof; and that his majestie, and his thesaurare in his name, hes, and sall have, guid actioun be law to crave, ressave, intromet and uptak the portionis of the personis of the saidis conventis alreadie decessit as said is, of the crop and yeir of God jM vC fourscoir thrie yeris last bypast and in tyme cuming, quhill the saidis benefices sall happin to vaik, siclike as the saidis personis micht have done thame selffis being on lyf; and that the lordis of counsell and sessioun or chekker direct sik lettres at the instance of the said lord thesaurair for answering and obeying to him of the portionis of the saidis personis decessit as is grantit for pament of the superplus of the thriddis of benefices.

  1. NAS, PA2/12, ff.119v-120r.
  2. Cross beside title.
  3. APS reads 'tua hundreth poundis yeirlie'.
  4. APS reads 'thei sall not'.
  5. APS reads 'becum fullie'.