Act Anent the Restitution of Chapters.
28th June 1617.
Our Soveraigne Lord, with advise and consent of the Estates of this
present Parliament: Considering how necessar it is that the deane,
and members of Chapter of every Cathedral Kirk, be at all occasions
ready to conveene themselves for the election of arch-bishops and
bishops, to their severall seas, and for expeding of particular
rights made to the lieges, whereunto their consent by the lawes
of the realme is required, and that for supporting of the charges
of their service, and inabling them the better to attend at sick
occasions, It is most needfull they be restored to their manses,
gleibs, rents, and livings belonging unto them of auld,
Have statute and ordained, that all the deanes and uthers members
of the Chapters of the Cathedral Kirks within this kingdom, shall
be restored to their manses, gleibes, rents, and uther patrimony
belonging to them.
And to that effect, his Majesty, with advise of the said Estates,
dissolves fra the Crowne and patrimony thereof, the foresaids manses,
gleibes, rentes, and dueties formerly annexed: to the effect the same
may hereafter be injoyed and peaceably possessed be the ministers
that are, and hereafter shall be provyded thereto. Without prejudice
alwayes of the fews, tacks, pensions, and uther rights lawfully made
of whatsumever manses, gleibs, lands, and teynds of any part of the
saids Chapter Kirks to the parties having right to the same. And
siklyke but prejudice to laick patrons of their patronages granted
to them be the King’s Majesty, with consent of the titulars for the
tyme, albeit the same be not ratified in Parliament, which shall na
wayes be prejudged be this present act. And with expresse reservation
of the rights of the priorie of Sanct-Androes, now erected in a
temporall lordship in favours of Ludovick Duke of Lennox, and his
heirs, which shall remaine in the awne strength and integrity,
notwithstanding of the act of restitution above-written, and any
thing therein comprehended.
And als with reservation of the house and place of Hamiltoun,
biggings and orchards, yeards, and whole pertinents of the same,
in so far as the same or any part thereof perteined of before to
the Deanrie of Glasgow, which his Majesty and Estates reserves
furth of this present act, to his trustie cousin James, Marques of
Hamiltoun, and his successours, to be halden of his Majesty and his
Heighnes successours, as their immediat superiours thereof for ever.
And without prejudice to the burgh of Edinburgh, of whatsumever
rents, profites, tenements, annualrents, teynd-sheaves, and other
commodities given, granted, and disponed to them for entertainment of
their hospitals, colledge, and ministrie. And siklike but prejudice
of whatsomever teynds, few-mails, or annualrents which perteined
of auld to the saids chapters in common, or to any Prebendar in
particular, disponed by his Majesty to any colledge within the
University of Sanct-Androes, masters or bursers thereof, which
his Majesty, with advice of the Estates, declares shall not be
prejudged by this present act. And als according to the restrictions,
exceptions, and limitations, conceived in favours of fewars,
tacksmen, and others havand right particularly set down and expressed
in the second act of his Majestie’s eighteenth Parliament, concerning
the restitution of the estate of bishops. Which restrictions,
exceptions, and limitations, are halden as repeated and exprest in
this present act. And to the effect, that all sick persons who are
and have been tenents and vassals to deanes and other members of
Cathedral Kirks may be in certainty known, and by whom they should
be entred and received in the lands and others halden by them of the
saids deane and members, or any of them,
Therefore it is statute and ordeined by our Soveraigne Lord and
Estates, That when any sik occasion shall offer of receiving or
entring of vassals, or of changing of tennents who comes in the
vassal’s places, either by alienation of the vassals, or comprysing
from him, or by any other lawfull manner, the direct superiour of
whom the said vassall immediatly held, shall be astricted and halden
to do the same, and to enter all sik persons by himself, (they doing
their duety to their superiors as apperteins.) In the which case, Our
Soveraigne Lord and Estates declares the consent of the Prelate, or
remanent members of his chapter, no wayes to be necessar to the said
entry or change of tennents. And because the priory of Sanct-Andrewes
is now erected in ane temporal living and lordship, the Prior whereof
in former times was alwayes deane of the chapter of Sanct-Andrewes,
and the chanons thereof were the members of the said chapter which
are now all abolished, and to the effect there be not wanting ane
chapter to the said Kirk.
Our Soveraigne Lord, with advice foresaid, declares that the
ministers serving the cure at the Kirks under-written, present and
to come, shall be esteemed the chapter thereof: they are to say, the
Prior of Portmook, who is principal of S. Leonard’s Colledge, and
deane of the Chapter: the arch-dean of S. Andrewes; the Vicar of S.
Andrewes; the Vicar of Leuchers; the Vicar of Cowper; the Provest of
Kirkhill; the Parson of Dysert; the Vicar of Forgond; the Vicar of
Inshture; the Vicar of Kincaird; the Vicar of Fowles; the Vicar of
Eglishgreig; the Vicar of Rossie; the Vicar of Linlithgo; the Vicar
of Scoone; the Vicar of Fordun; the Vicar of Forgund in Fyfe; the
Deane of Restalrig; the Deane of Dumbar; the Vicar of Kettill; the
Vicar of Kennoway; the Vicar of Merkinch; the Vicar of Falkland;
and the Vicar of Abercrombie; being all twenty foure persons. Which
persons shall have the administration, doing and performing of the
affairs belonging to the said bishoprick, and for the weale of the
said Cathedral Kirk, which were done of before by the prior and his
chanons. And concerning the election of the Archbishop of the said
see, whensoever the same shall hereafter vaik,
Our Soveraigne Lord, with advise foresaid, declares, statutes, and
ordeins the said Arch-bishop to be elected by eight bishops of
his diocy. They are to say, the Bishop of Dunkeld; the Bishop of
Aberdein; the Bishop of Brechin; the Bishop of Dumblain; the Bishop
of Ross; the Bishop of Murray; the Bishop of Orkney; and the Bishop
of Caithness. And by five ministers serving the cure of the Kirks
under-written, to wit, the Principal of S. Leonard’s Colledge; the
Arch-deane of S. Andrewes; the Vicar of S. Andrewes; the Vicar of
Luchars; and the Vicar of Cowper. Which bishops and ministers, or
the most part of them, shall have power in all time to come to
elect the Arch-bishop whenever the see shall vaik, and shall remain
hereafter the chapter appointed by our Soveraigne Lord and Estates
for the election foresaid. The Vicar-general for conveining of the
which electors, our Soveraigne Lord and Estates declares to be now
and in all time comming, the Bishop of Dunkeld, who shall happen
be for the time. And siklike, Our Soveraigne Lord, with advise of
his Estates, declares, statutes, and ordeins, that the Archbishop
of Glasgow, whensoever that see shall vaik, shall be elected by the
three Bishops of his diocie, to wit, the Bishop of Galloway, the
Bishop of Argyle, the Bishop of the Iles, being for the time, and by
his ordinar chapter, or the most part of them, the Bishop of Galloway
being alwayes conveiner of the saids electors to the said election.
Which persons shall have power onely in the said election, seeing
it is the expresse will and ordinance of his Majesty and Estates,
that the auld and ordinar chapter of Glasgow, and the other chapter
above-written, appointed for the see of Sanct-Andrewes, as said is,
shall have the only administration of these things, concerning the
affairs tending to the weal of their Cathedral Kirks, and belonging
thereto, as the auld chapter formerly had, and these others chapters
before-mentioned, appointed allanerly for election of the saids
Arch-bishops, shall no wayes be derogatory to the others ordinary
chapters established for the handling of the affairs of their seas in
manner above-written.