VIII.

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.

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 177 / 182 题