[A1567/12/35]¹

Concerning the declaration to the commissaries, how they shall proceed in beneficial matters

Item, concerning the article proposed by the commissaries of Edinburgh, bearing that there are diverse and sundry beneficial actions depending before them upon the right and property of the benefices, wherein the one party has their provision of the gift of [Mary], the queen, and the other of the ordinary, partly by demission in his hands, partly by collation as vacant, and some given by the ordinary, with the queen's confirmation thereupon, and that since the reformation of the religion; and, therefore, desiring the determination to be given to them which of the gifts shall have place in time bygone since the said reformation, as also in time coming. Our sovereign lord, with advice of [James Stewart, earl of Moray], my lord regent, and three estates of this present parliament, has decreed and declared, and decrees and declares, that the said commissaries shall at all times proceed and administer justice in the said causes by virtue of all gifts and dispositions granted and given by our sovereign lord's dearest mother since the month of August 1560, and no otherwise, and likewise conforming to the gifts to be granted by our sovereign lord or his regent hereafter; and ordains all gifts and dispositions given by her since the said time to have place and to proceed according thereto, without prejudice to the benefices of the lawful patronages, which are not comprehended in this act.