The Records of the Parliaments of Scotland to 1707, K.M. Brown et al eds (St Andrews, 2007-2024), date accessed: 29 March 2024
[1644/1/19]1
Act in favour of the wards of any that shall die in the public service
The convention of estates, taking into their consideration the prejudice that may come to those subjects who hold their lands ward of the king's majesty or of any other superior whatsoever and shall happen to die in the defence and maintenance of the religion and of the laws and liberties of the kingdom during the time of the present troubles thereof, have statute and ordained and hereby statute and ordain and declare that the profit and benefit of the ward, marriage, non-entry and relief failing by the death of any of those who shall happen to die in manner and for the cause aforesaid, with the whole commodity that can follow upon the same, shall only pertain and freely be given and conveyed to the heirs, widow and bairns of those who shall happen to die as follows, namely: where the widow and other bairns (by the heir) shall be found provided by the deceased, then and in that case the whole benefit of the ward, marriage, non-entry and relief shall solely belong to the heir; but where the widow and other bairns (by the heir) be not provided, in that case the benefit of the marriage shall only pertain to the heir and the profit, benefit and commodity of the ward, non-entry and relief shall be employed and used for the subsistence and maintenance of the widow and bairns unprovided, and also for the maintenance of the heir if he has no other means for maintenance; and what is surplus by the widow and bairns' maintenance aforesaid, ordain the same surplus to be employed for the provision of the said other bairns by the heir unprovided as said is, providing always that the said heirs and other persons aforesaid to whom the benefit of the said ward, marriage, non-entry and relief is provided to pertain in manner respectively before rehearsed be not found to have stood against the maintenance of religion, laws and liberties of kirk and kingdom, contrary to the late covenant ratified in this present convention. As also the said estates find and declare that the king's majesty and all other superiors whatsoever of the said ward holdings shall be altogether secluded from the benefit of the aforesaid ward, marriage, non-entry and relief failing by the death of their vassals in manner and for the cause before rehearsed.
- NAS. PA8/1, f.114r.