not be leisome to Interpose any other superior betwixt their Majestys and any of these vassalls who are hereby ordained to hold immediatly of their Majesties in manner forsaid; And if any persone doe in the contraire, all such deeds are hereby declared to be void and Null even albeit the Vassall should consent thereto.

61. ACT in favours of the small vassals of Kirklands who now hold of their Majesties.

OUR SOVERAIGNE LORD & LADY The King and Queens Majesties takeing into their Consideratione that many of the vassals of Bishops and other kirkmen who now hold their lands immediatly of their Majesties have such small portions of Lands that they are not able to be at the expence of expeding their infeftments; For Remeid whereof their Majesties with advyce and consent of the Estates of Parliament, doe statute and ordaine that the signatures and Charters of all vassalls of Kirklands whose valuation is but ane hundreth punds Scots or under being above ten pounds shall be past and expede throw the Registers and sealls for payment of ten pounds scots allennerly, for fees in the Exchequer, dues at the signet and sealls, drink money or any other duty or fee whatsoever, And that the signatures and Charters of such vassalls whose valuatione is but two hundreth pounds scots or under, being above one hundreth pounds shall be past and exped throw the Registers and sealles for payment of fiftein punds Scots allennerly for fees in the Exchequer dues at the signet and sealls drinke money or any other dutie or fee whatsoever, And that they shall be free of paying a Seasing Ox to the sheriffe, And the dues to bee payed by them to the sheriffes for Equees shall not exceed the twentieth part of their few dewtie, And where the vassalls of Kirklands their valuations is only ten punds Scotts or under that their Charters shall pass the great seall per saltum without passing any other seall and that gratis without payment of any money for Compositione in the Exchequer or other dewes, And as to vassalls of Kirklands in Orknay and Zetland where their valuatione does not exceed twenty pounds Scotts, It is hereby declared that they shall bruike by the Udall Right without necessitie of Renovatione of their Rights and Infeftments.322

63. ACT & Commission for Plantation of Kirks & Valuation of Teinds. FORASMUCH as for the Maintenance and provisione of the Ministry and Churches within this Kingdome, and for preventing and settleing of differences that did or might arise betwixt Titulars and others haveing right to teinds, and heretors concerneing the leading and drawing of their teinds, diverse lawes and Acts of Parliament were made in the yeare of our Lord 1633 And since that tyme diverse Acts of Parliament and Commissions have been renewed and given to that purpose, And their Majesties being resolved and desyreous to prosecute so good a worke for the universall good of their subjects and especially for the encouragement of the Ministers of the gospell Therefore Their Maties with advyce and consent of the Estates of Parliament, Gives full power and Commissione to his Majesties officers of state for the tyme being, and to the Earles of Argyle, Crawfurd, Sutherland, Cassills, Lothian & Levin, The Viscount of Staire The Lords Cardross and Ruthven, Sir Patrick Hume of Polwart, the Laird of Lamingtoune, Alexander Monro of Beircrofts The Lairds of Grant and Brody, Sir Thomas Burnet of Leyes, Sir John Maxwell Sir Archibald Murray of Blackbarony and Mr Francis.

322 In reference to this act, see Erskine, b. iii. tit. viii. § 79.

Montgomery of Giffin, Sir John Hall of Dunglass, John Muire Provost of Aire, Alexander Spittle of Leuchett, Master John Murray Advocate, Mr James Smollet Provost of Dumbartoune, Sir Thomas Stewart, Sir James Ogilvie of Churchill advocate, Sir William Hamiltone advocate and Sir Patrick Murray of Saltcoats or any nyne of them to be a Quorum whereof two of every state with one of the officers of state to meet and conveen at Edinburgh the second wednesday of November nextocome and such other place or places tyme or dyets as they shall appoint, to value and cause to be valued, whatsomever teinds great or small personage or viccarage within this kingdome which are yet unvalued, and whither the same be in the hands of or in use to be drawne by titulars, tacksmen, ministers or any other whatsoever pretending right to other mens teinds, Declareing that in all cases the heretor shall have a joynt probatione, and that where the viccarage of any paroch is a severall benefice and title from the parsonage, the same shall be severally valued, to the effect the titulars or ministers serveing the Cure haveing right to the said vicarage be not frustrate of the true worth thereof With power to the said Commissioners or Quorum foresaid to appoint Cōmitties or sub Cōmitties of their owne number and to grant Commissione and to receave reports from them, and to approve or disapprove the samen as they shall finde just; And to rectifie whatsomever valuations led or to be led to the enorme prejudice either of the heretors or of the titulars or to the hurt and detriment of the Church and prejudice of the ministers maintenance and provisions, Provydeing alwayes, Lykeas it is hereby expressly provyded and declared, That where valuations are lawfully led against all persons haveing interest and allowed by former Commissions, the same shall not be drawne in questione nor rectified upon pretence of enorme lesione at the instance of the Minister (not being titular) or at the instance of his Majesties advocate in respect of his Majesties Annuity except it can be proven that collusione was used betwixt the titulars and heretors or betwixt the pror fiscall and the Heretors and titulars, which collusione is declaired to be when the valuations are led with the diminution of the third part of the just Rent which was payable the tyme of the valuatione, which diminutione shall be proven by the parties oath, And with power to the saids Commissioners or quorum foresaid where ministers are not already sufficiently provyded or have not locality already assigned to them for their stipends out of the teinds within the paroches where they serve the Cure according to the quantities proportiones and rules contained in the 19th act of the Parliament 1633, to modifie settle and appoint constant locall stipends to each minister out of the teinds of the paroch where they serve the Cure with power also to the saids Commissioners to grant recompence by prorogation of Tacks to parties for all augmentations of stipends, which are granted since the year 1630 or shall be granted and that effeiring to the augmentations already granted or to be granted as the saids Commissioners shall thinke fitt, And Sicklike to disjoyne too large and spacious paroches, to cause erect and build new Churches to annexe and dismember Churches as they shall thinke convenient, and to take order that every heretor and liferenter shall have the leading and buying of their owne teinds if they be willing according to the rules prescribed by the 19th Act and Commissione granted by his Majestie with consent of the Estates of Parliament in anno 1633 and the Acts of Parliament therein mentioned extending the same to all teinds except such as belong to and are possest be Ministers for their stipends and provisions which are only to be valued but not to be sold or bought, with power to determine all questions concerning the pryces of teinds betwixt titulars and others haveing right thereto and

the heretors, And to appoint such securities in favours of titulars and others haveing right to teinds for their pryces to be granted by the heretors and others lyable in payment of valued duties or buyers of the saids teinds, and in favours of the Ministers as to their maintenance as the saids Commissioners shall thinke fitting according to the rules set downe in the said act 1633, And each heretor whose teinds belongs to titulars of Erectione or to patrons according to the Act made in this Parliament or to any other haveing right thereto by infeftment tack or otherwayes not being both minister and titular to have power and liberty to buy the teinds of his owne Lands whether valued or not, from the saids titulars, patrons, tacksmen and others haveing right thereto according to the rates formerly appointed, and the nature and value of the sellers right to be determined by the Commissioners abovesperit, And generallie with power to the saids Commissioners to decyde and determine in all other points which may concerne the drawing or leading of Teinds, the valueing selling or buying of the same or payment of the Rates thereof, And if any person or persons shall finde themselves grieved and complaine of the unjustice or exorbitancie of any decreit or sentence already given in any of the former Commissions; with power to the saids Commissioners to take the same into their consideratione, and alter annull or allow the saids decreits and sentences as they shall find just And it is alwayes provyded and declared that the Ministers of the gospell and their successors shall not be prejudged of the stipends either at present possest be them or already modified or to be modified to them according to the Rates above mentioned, And whereas it may fall out That some of the Commissioners may be unable to attend the service throw death sickness or other knowne impediment, Therefore their Majesties declare That they shall be cairfull to fill their places with other persones qualified whose oaths for faithfull discharging of the same shall be taken by the Lord Chancellor or in his absence by the Lord President of the Commissione for the tyme, And ordaine this present Commissione to endure ay and while the same be discharged be their Majesties, and the Acts decreits and sentences theirof to have the force strenth and effect of a decreit or sentence of Parliament And the Lords of Session to grant letters of horneing, poynding and others necessary to be direct upon the saids decreits and sentences in manner contained in the forsaid Commissione, And their Majesties with consent forsaid hereby discharges all former Commissions declareing the same to be exPyred. 323

96. ACT anent the retoured duty af Annualrents.

OUR SOVERAIGNE LORD & LADY Considering that infeftments of annualrents which ordinarily are granted to Creditors for security of sowmes of money are retoured to be worth the full value of the annualrent and thereby superiors doe acclaime the full annualrent as the retour duty, dureing the non entry as well before as after declarator which is a grievous and heavy burden to the aires of Creditors Therefore Their Majesties with consent of the Estates of Parliament Doe Statute Enact and declare that in all tyme comeing annualrents shall only be retoured to the blench duty or other duty contained in the heretable bond or infeftment of annualrent, and that no actione of speciall declarator at the instance of any superior of ane annualrent shall be sustained further then for the blench or other duety contained in the bond or Infeftment of Annualrent, until citatione in the generall declarator.324

323 See note annexed to 1617, ch. 3.

324 In reference this act, see Ersk., b. ii. tit. v. § 38.

4

98. Act anent Removing from Land.

OUR SOVERAIGNE LORD and LADY and the Estates of Parliament Considering the inconveniency aryseing from the uncertainty of the terme of whitsunday, whereby the Indureance of the two ordinar termes of Whitsonday and Martimass is soe unequall, and whitsonday ofttimes reaching far in Summer by the Removeing from Lands at that tyme these who remove doe eat up and destroy the meadowes and hained ground; For Remeed whereof Their Majesties with consent of the saids Estates of Parliament doe statute and ordaine that the summer and winter termes shall in all tyme comeing be the ffyfteinth day of May and Martimass; And that the legall terme of removeing both in burgh and Landward shall be the said fyfteinth day of May upon warneing fourty days preceeding the same.

APUD EDINBURGH,

III DIE SEPTEMBRIS A. D. M,DC,XC.

PARLT. 1st. SESS. 3d.

3. ACT against Robbing of the Pacquet.

OUR SOVERAIGNE LORD & LADY Considering the great advantage that doth arise to the publick service and private Interest of Comerce from the quick and safe dispatch of Letters and publick orders by the Common post either from this kingdome, or to the same from England or Ireland or from one part of the kingdom to another, And that the robbing or seaseing the Common post maill or pacquett or any other expresses is a nottorious kinde of Robberie and most prejudiciall to the Government and Comerce of the kingdome Therefore Their Majesties with advyce and consent of the Estates of Parliament doe declare that the robbing or seazeing the Maill or pacquett or the Letters and dispatches goeing or comeing by the Common post or any other expresses as aforesaid is Robberie and shall be punished with death and confiscatione of Moveables.325

APUD EDINBURGH,

XVIII DIE APRILIS, A.D. M,DC,XCIII.

PARLT. 1st. SESS. 4th.

21. ACT concerning Citations to the first and second Dyets.

THEIR MAJESTIES with advice and consent of the Estates of Parliament, ffor the greater Dispatch and facilitateing of processes Doe hereby Rescind that Clause in the Act of Parliament, One thousand Six hundred seventy two, Entituled Act Discharging Second Summonds, which requires the second Citation to be given after the Elapsing of the first Dyet of Compeareance And Declare That in all time comeing, It shall be lawfull to give Citation for the first and second Dyets of Compearance at one and the same time Provyding That the same be done by a messenger at Arms, as was the use of Summonds for the second Dyet, And further It is hereby expressly provyded That all Copies of Summonds, Charges, Inhibitions, Arrestments or other Letters whatsoever given to the Party

325 In reference to this act, see Hume, vol. i. p. 80–1.

shall bear at length and not in figures, the day and date of the delivery thereof, As also the names and designation of the Witnesses, in such sort, as the Execution and Indorsation did and doth bear the same, Certifyeing the Messenger who who shall omitt to insert the said day and date and witnesses in his Copy that he shall incurre deprivation and tinsell of his Office.326

22. ACT concerning the preference of Real Rights.

OUR SOVERAIGNE LORD and LADY The King and Queens Majesties, for the better clearing and determining of Competitions and Preferences of Reall Rights and Infeftments Do hereby with advice and consent of the Estates of Parliament Enact Statute and Declare, That All Infeftments whether of property or annual-rent, or other Reall Rights, wherupon Sasines for hereafter shall be taken, shall in all Competitions be preferable and preferred, according to the date and priority of the Registration of the Sasines, without respect to the distinction of Base and publick infeftments, or of being clad with possession, or not clad with possession in all time comeing.

23. ACT concerning the Registers of Sasines, Reversions &c.

OUR SOVERAIGNE LORD and Lady The King and Queens Majesties Considering That the many good Acts appointing Registers of Sasines, Reversions, Hornings, Inhibitions, Interdictions, Allowances of Apprizings or Adjudications, that Purchasers and Creditors might know with whom they might safely contract have been much frustrated by the Keepers of the Registers not inserting the same in the Registers at the time, and in the order they were presented to them, whereby none could know by inspection of the Registers, what Writs appointed to be registrate were in the hands of the Keepers of the Registers, and thereby could not securely bargain. For Remeed whereof their Majesties with advice and consent of the Estates of Parliament Doe Statute and Ordain That all the Keepers of the said Registers, shall keep Minute Books of all Writs presented to them to be registrate in their severall Registers Expressing the day and houre when, and the names and Designations of the persons by whom the saids Writs shall be presented, and that the said minute be immediately signed by the presenter of the Writ and also by the Keeper and patent to all the Lieges who shall desire Inspection of it gratis, And that the Writs shall be registrate exactly, conform to the Order of the said Minute Book, All under the pain of Deprivation of the Keeper of the Register. And further Their Majesties with consent forsaid Declare the said, Keepers not observing the premisses lyable to the damage of the Parties prejudged by the not due observing of this present Act.

24. ACT for Summar Registrations and Discharging Transferrings activè. OUR SOVERAIGNE LORD and LADY The King and Queens Majesties, with Advice and Consent of the Estates of Parliament Statute and Declare, That all Writs registrable may be registrate after the death of the Creditor at the Instance of his Heir Executor or Assigney, as well as of before, and that upon production of a Service or Retoure in the case of Bonds or other Writs heretable, or of a Confirmed Testament, containing the Bond or other Writ, In case they be moveable, or of ane speciall Assignation, tho not Intimate, In the case of either, which Registration shall have the same effect, both as to probation and summar Execution, as if the Creditor were still on life, And farther It is Statute, That if it shall happen the pursuer to decease at any time dureing the dependence of any

326 See 6th Geo. IV. ch. 120, § 53, which makes it imperative to summon on one diet only.