[1644/1/19]¹

Act in favors of the wards of anie that sall die in the publict service

The conventione of estaits, taking to thair consideration the prejudice that may cum to these subjects who holds thair lands waird of the king's matie or of any uther superior quhatsoevir and shall happin to deceis in the defence and mantenance of the religion and of the lawes and liberties of the kingdome during the tyme of the present trubles thairoff, have statute and ordained and heereby statuts and ordains and declares that the proffeit and benefeit of the waird, mariage, nonentresse and releve falling by the deceas of any of theis who sall happin to die in maner and for the caus forsaid, with the whole commoditie that can follow upon the same, sall only pertene and frelie be gevin and disponed to the aires, relict and bairnes of theis who sall happin so to die as followes, viz: whair the relict and remanent bairnes (by the heir) sall be fund provydit by the defunct, then and in that cace the whole benefeit of the waird, mariage, nonentresse and releve sall solely belong to the heir; but where the relict and remanent bairnes (by the heir) beis not fund provydit, in that cace the benefeit of the mariage sall only pertene to the heir and the proffeit, benefeit and commoditie of the waird, nonentresse and releve sall be imployed and used for the enterteanement and mantenence of the relict and bairnes unprovydit, and also for the entertenement of the heir iff he have no other means for mantenance; and what is overplus by the relict and bairnes, thair enterteanement forsaid, ordains the same superplus to be employed for the provision of the said remanent bairnes by the heir unprovydit as said is, provyding alwayes that the saids heres and uther persones forsaids to whome the benefeit of the said waird, mariage, nonentres and releve is provydit to pertaine in maner respective befor rehearsed beis not fund to have studden against the mantenance of religion, lawes and liberties of kirk and kingdome, contrare to the late covenant ratefeit in this present convention. As also the saids estaits finds and declares that the king's matie and all uther superiors quhatsoevir of the saids waird holdingis sall be altogidder secludit from the benefeit of the forsaid waird, mariage, nonentresse and releve falling by deceis of thair vassalls in maner and for the caus befor rehearsed.