III.

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.

The Booke of the Universall Kirk of Scotland Wherein the Headis and Conclusionis Devysit Be the Ministers and Commissionaris of the Particular Kirks Thereof, Are Specially Expressed and Contained. · 第 172 / 182 题