[1641/8/202]¹

Act in favour of lay patrons of provostries, prebendaries, chaplainries and altarages

Our sovereign lord and estates of parliament ratify and approve the act of parliament made by King James VI, his majesty's father of eternal memory, parliament 1, chapter 12, regarding provostries, prebendaries, altarages, chaplainries and collegiate kirks pertaining to lay patrons, together with the act of parliament 12, chapter 158, ratifying the same, and ordain the said acts to have full force and effect in all time coming, with this declaration always: that in respect the vassals which held lands of the said provosts, prebendaries and others foresaid are put to a great uncertainty of their superiors, it not being known to them who are provided to the said provostries, prebendaries, chaplainries, altarages and others foresaid, by reason there is no public register to the which they may have recourse for knowledge and notice thereof, and that the farthest that they can know by any registers is the infeftments and sasines made to those who are lay patrons holding of his majesty, therefore, for securing of the vassals who hold lands, mills, fishings, tenements, annualrents and others whatsoever of the said provostries, prebendaries of collegiate kirks or of chaplainries, altarages and others of that nature at any time of before, it is statute and ordained that the entry of the said vassals by retour, precept of clare constat, resignation, comprising or otherwise whatsoever shall pertain to the lay patrons and their successors who stand infeft in the said lay patronages, holding immediately of his majesty, and that the entry of the vassals by them shall be as valid and sufficient to the said vassal, receivers thereof, as if they were entered by the titulars of the said provostries, prebendaries, altarages, chaplainries and others foresaid; and that the said lay patrons shall be in all time coming in their place as superior to the said vassals and to have the same power to give infeftments to his majesty's subjects upon retour or by precept of clare constat or by resignation, comprising or any other manner of way, with gifts of novodamus, and that without consent of persons provided or to be provided to the said provostries and prebendaries of collegiate kirks, altarages, chaplainries or other titulars of collegiate kirks, and also without consent of the chapter or convent of the said prebendaries thereof or most part of the same which before was in use and custom, concerning which, and regarding all acts in the contrary, his majesty, with consent foresaid, dispenses for now and ever, reserving always to the titulars of the said provostries, prebendaries, altarages, chaplainries and others foresaid the fruits, rents and emoluments of the said provostries, prebendaries and others foresaid which are in no way prejudiced by this present act. It is hereby further statute and ordained where there are any prebendaries, chaplainries, altarages or other foundations of that nature above-mentioned founded and situated within any burgh royal of this kingdom, that the provost, bailies and council of the said burgh where the same are founded are, and shall be in all time coming, only indebted superiors by whom and by no others the vassals and tenants enter in manner above-specified, the provost and bailies being always patrons.