Act anent the Restitution of the Estate of Bishops.
9th July 1606.
Our Soveraigne Lord, now in his absence forth of his kingdome of
Scotland, earnestly desiring sa to provyde for the just and politique
government of that estate, as his faithfull subjects thereof may
perfitely knaw, that absence breeds not in his royall mynde oblivion
of their good, but that he is daylie mair and mair cairfull of sik
things as may tend maist to the honour, profite, and perpetuall
stability and queytnes of the said kingdome; wherein understanding
religion and justice to be sa necessar foundaments and pillers, as
by them the authority of the princes and queytnesse of the people
in all tymes by-past hes cheifly bene established and mainteined,
whill of late in his Majesties young yeares, and unsetled estaite,
the auncient and foundamentall policy, consisting in the maintenance
of the three Estaites of Parliament, hes bene greatly impaired,
and almost subverted, specially by the indirect abolishing of the
estaite of bishops, by the act of annexation of the temporalitie
of benefices to the crown, made in his Heighnes Parliament, halden
at Edinburgh in the moneth of July, the year of God 1587. Whereby,
albeit it was never meaned by his Majesty, nor by his Estaites, that
the said estaite of bishops consisting of benefices of cure, and
being ane necessare estaite of the Parliament, should on any wyse be
suppressed, yet his Majesty, by experience of the subsequent tyme,
hath clearly seene that the dismembering and abstracting from them
of their livings, hes broght them in sik contempt and poverty, that
they are not habile to furnish necessares to their privat families,
meikle lesse to beare the charges of their wonted rank in Parliament
and generall counsails, and after the example of their predecessours,
to assist and supply their prince with their counsell and goods, in
tyme of peace and warre. The remeid whereof properly perteins to his
Majesty, whom the haill estaites of their bounden duety, with maist
heartlie and faithfull affection humbly and truely aknawledges to be
soveraigne monarch, absolute prince, judge and governour over all
persons, estaites, and causes, baith spirituall and temporall, within
his said realme.
Therefore, his Majesty, with expresse advyse and consent of the saids
haill Estaites of Parliament, being cairful to repone, restore, and
re-integrat the said estaite of bishops, to their auncient and
accustomed honour, dignities, prerogatives, priviledges, livings,
lands, teynds, rents, thriddes, and estaite, as the samine was
in the Reformed Kirk, maist ample and free at any tyme before
the act of annexation foresaid. By the tenour hereof, retreats,
rescinds, reduces, casses, abrogats, and annulles the foresaid act
of annexation of the temporality of benefices to the crown, made in
the yeare of God 1587 years, as said is, in sa far as the samine may
in any wyse comprehend or be extended to the authority, dignity,
prerogative, priviledges, towres, castels, fortalices, lands, kirks,
teynds, thriddes, or rents of the saids bishopriks, or any part
thereof, with all other acts of Parliament, made in prejudice of
the saids bishops, in the premisses or any of them, with all that
hes followed or may follow thereupon, and all act of dismembering
of particular kirks, or commoun kirks of the said bishopricks, from
the samine, or for separating the thriddes of the saids bishopricks
from the bodie, tytle and twa-part of the samine. To the effect,
the persons presentlie provyded to the bishopricks of Scotland, or
any of them, or that hereafter shall be provyded to the samine may
freely, quyetlie, and peaceablie enjoy, bruike, and possesse the
honours, dignities, priviledges, and prerogatives, competent to
them or their estaite since the reformation of religion: and all
towres, fortalices, lands, kirks, teynds, rents, twa-part, thriddes,
patronages, and rights whatsomever, belanging to the bishopricks,
or any of them, to use and exercise the samine, and freelie dispone
upon the haill twa-part and thrid, temporalitie and spiritualitie of
their saids bishopricks, and all the premisses belanging to the saids
bishopricks, as the saids acts of annexation and remanent acts, made
in any wyse to their prejudice in the premisses, and everie ane of
them, and all that followed thereupon, had never bene made nor done.
They alwyse enterteining the ministers, serving at the cure of the
kirks of their saids bishopricks, upon the readiest of their saids
thriddes, according to their ordinar assignations made or reasonablie
to be made thereanent.
Attour, Because his Majesties intention is onely to restore the
bishopricks whilks are benefices of cure, and nowyse to alter any
thing done in other benefices, whilks are not of cure. And for the
better satisfaction of his Majesties subjects and faithfull servants,
whom his Majestie in his princelie liberalitie, for diverse good
respects and causes mooving him, hath beneficed, rewarded, and
advanced with erections, fewes, patronages, teyndes, and others
infeftments, confirmations of lands, rents, teyndes, patronages, and
others rights of abbacies, pryories, and others benefices, not being
bishopricks.
And to the effect they be not prejudged, nor put in mistrust by
this act, of their saids securities in the premisses, his Heighnes,
with the advyce of the haill Estaites of Parliament, ratifies and
approves, and for him and his successours perpetuallie confirmes,
the haill erections, infeftments, confirmations, patronages, tacks,
and others securities of lands, teyndes, patronages, rights, and
rents whatsomever, of the saids haill benefices foresaids, or any
part thereof, (not being bishopricks,) given, disponed, or confirmed
by his Majestie, during the tyme of the said Parliament, halden in
the moneth of Julie 1587 years of before or sensyne, made agreeable
to the lawes and acts of the said Parliament 1587, and others
lawes and acts made sensyne. And faithfullie promits, _in verbo
principis_, never to quarrell nor impugne the samine, directlie nor
indirectlie, in any tyme comming. As also for the well and securitie
of the tenants of the lands and teynds of the saids bishopricks, wha,
since the act of annexation, have debursed diverse summes of money
to his Heighnes’ thesaurer, for making and confirming to them of
their infeftments, tacks, and securities of the saids lands, teyndes,
and rents of the bishopricks possest by them. And to the effect the
annulling of the said act of annexation, bereave them not altogether
of the saids lands, teyndes, and rents of bishopricks, acquyred be
them upon their large charges and expenses, according to the law then
standing. And that upon the other part, the saids bishopricks be
not altogether made unprofitable, by the unlawfull dilapidation of
the rents thereof, and hurtfull conversion of the victuall, kaines,
custumes, and other commodities of the samine, for unequall and
unworthy pryces.
Therefore, his Majestie, with advyse of his Estaits foresaids,
Ordeins the saids persons possessours of the lands or teyndes of
bishopricks by virtue of infeftments, confirmations or tacks of the
samine granted or sett since the said act of annexation, and conforme
to the samine, and lawes of the realme, at the tyme of the making
thereof, shall have the securities, confirmations, tacks and rights
of the saids lands and teynds of the bishopricks foresaids, renewed
and granted to them in sufficient, valeid, and perfite forme by
the bishops, possessours of the saids benefices. The saids fewers,
tacksmen and tenants, paying to the saids bishops, for gressum,
entresse and composition, for renewing of their saids fewes of
all lands, and others belanging to the saids bishopricks; and als
ratification of their saids tacks of all teyndes perteining thereto;
Of the whilks at the day and date hereof, there are ten yeares crops
of the samine to runne; The double of the yearlie silver duetie,
conteined in their saids fewes and tacks; and the single of the
victual duetie, and of all others dueties expressed therein, and that
by and attour the yearlie duetie expressed in their saids fewes and
tacks: The whilks dueties, for gressum, entresse and composition, the
haill Estaites of Parliament declares, shall be payed by the saids
fewers, tacksmen and tenants, within yeare and day, after they be
lawfullie cited to that effect, and for that samine cause, or after
that intimation of the samine be made to them, by the bishops in
their awne courts.
And in case of not thankful payment, of the double of the said
silver duetie, and of the single of the said victual, and others
dueties to be payed within yeare and day, after the said citation
and intimation, as said is; The saids Estaites of Parliament findes
and declares, that the saids fewers and tacksmen shall be astricted
to pay after the expyring of the said yeare and day, thankfull
payment not being made within that space of the foresaids gressumes,
entresse and composition, extending to the quantitie above written;
the quadruple of the silver duetie, and the double of the said
victual, and others dueties foresaids, to be payed to the saids
bishops, by and attour the yearlie dueties conteined in the saids
fewes and tacks, as is before said. And the saids Estaites ordeines
and declares, that if there be not ten years compleit to runne of
the saids tacks of teynds, perteining to the kirks of the saids
bishopricks, after the day and date hereof; in that case, the
tacksmen on nawyse shall be astricted to pay any gressum, entresse or
composition for the samine, to the saids bishops, but they to be free
thereof.
Attour, the saids Estaites declares, that the said act and ordinance
of Parliament shall nowyse be extended, comprehend, nor prejudge
any fewes of bishopricks, lawfullie sett and confirmed before the
said act of annexation, whilk was in the said moneth of Julie,
ane thousand, five hundreth, fourscore seven years. Excepting and
reserving alwyse forth of this present act, all dispositions made of
whatsomever patronages of kirks perteining to the saids bishopricks,
disponed by lawful titulares, and the King’s Majesty, and ratified
in Parliament, in favours of whatsomever person or persons, and
nane others. And findes and declares all dispositions whatsomever,
made of the foresaids patronages of all kirks perteining to the
bishopricks disponed by the lawful titulares, and his Majesty, and
not confirmed in Parliament, to be of nane avail, although the
samine patronages be graunted and disponed by the King’s Majesty
and titulares thereof. And lykwyse, excepting and reserving all
common kirks, perteining of auld to the saids bishopes, and their
chapter in commounity, whilks are disponed by his Majesty, to
whatsomever person at any tyme preceeding this present act. And
the saids Estaites declares, that if there be any common kirks,
perteining to the saids bishopricks, and to their chapters of auld,
that now perteins and falles to them be vertew of this present act,
That thereby the ministers, wha are lawfully provided to the saids
common kirks by presentation, collation, and admission, and serving
thereat, shall nowyse be prejudged during their lyftymes; but that
the saids provisions shall be sufficient right and warrand to the
saids ministers, to bruike, joyce, and possesse their common kirks
foresaids, according as they are provyded thereto, for all the dayes
of their lyfetymes. Notwithstanding whatsomever clause conteined in
this present act, or any other act of Parliament, that might make any
derogation to the saids provisions. Excepting alwyse, and reserving
the Castell of Sainct-Androes, and castell yardes of the samine,
disponed to George Earle of Dumbar, upon the resignation of George
Arch-bishoppe of Sainct-Androes, dissolved and dismembered from the
said archbishoprick, by Our said Soveraigne Lord and Estaites, with
expresse consent and assent of the said Arch-bishoppe, personally
compearand in Parliament. Whom to Our said Soveraigne Lord, in place
and recompence of the said castell, hes given and disponed the
provestry of Kirkhill, viccarge and arch-deinrie of Sainct-Androes,
to remaine with the said arch-bishop and his successours, by and
attour ane yearly pension of three hundreth markes, given to the
said arch-bishop, sa that the said castell and castell yardes shall
nowyse be comprehended in this present act, nor yet shall be compted
nor esteemed in any tyme hereafter, any part or portion of the
patrimony of the said arch-bishoprick, but shall remaine with the
said George Earl of Dumbar, his heires and successours, as their
proper heritage lawfully disponed to them, and dissolved from the
said arch-bishoprick. And in lyke manor, the saids Estates declares
that the foresaid act, graunted in favours of the saids bishops,
shall not be extended, nor be prejudiciall to the infeftments, rights
and tytles made to Sir Robert Melveil of Murdocarnie, Knight, his
heires and successours mentioned therein of the lands of Monymail and
Lethame, with the manerplace, yeardes, and bigging of Monymaill,
and patronage of the Kirk of Monymaill perteining of auld to the
Arch-bishop of Sanct-Androes. And declaris the samine infeftments
to stand in the awne strength, notwithstanding this present act.
Provyding alwyse, that the said Sir Robert Malvill and his heires
sustaine and entertaine the ministers serving at the said kirk, upon
the frutes of the samine kirk. And notwithstanding this present
act and haill clauses therein conteined, Our said Soveraigne Lord,
with advyse foresaid, having considered the fewers of the barony of
Glasgow, to be many in number, and the poverty of the maist part
of them to be sik as they are not habile to furnishe the ordinare
charges for renewing their infeftments, have dispensed, and by this
present act dispenses anent the foresaid clause of renewing of
fewes, with sa many of the saids fewers as have taken their fewes
without diminution of the rentall, and conversion of victual, and
other dewties in silver. And wha shall obteine ane ratification from
Johne now Arch-Bishope of Glasgow, of the saids fewes and rights,
before the feast of Alhallowmes next to come. And declares the
fewes lawfully set, as said is, to the saids persons, valide and
effectual, their heirs, successours, and assignayes, alwyse entering
by the said arch-bishope, as their immediat superiour; and by his
successours to their saids lands, rowmes and possessions, by brieves
raised out of the said arch-bishops chancellarie, precepts of _clare
constat_, resignations and confirmations, as use is, and paying their
few-mailles, fermes, moulters, kaines, and other dewties, to the said
arch-bishop and his successours in all tyme hereafter; but prejudice
to the letters of gift, and pension graunted to the Duke of Lennox,
Sir George, Sir James, and Archibald Erskeins pensions, forth of the
frutes of the said arch-bishoprick of Glasgow, to be bruiked by the
said Lord Duke during his lyftyme allanerly.