( 11 )
and accordingly to appoint the ſaids ſums ordained to be payed by Our ſaid Theſaurers, and Receivers for compoſition, and ſatiſfaction as ſaid is, to be payed, or divided amongſt them, according to the quality of their Rights. And Wee Will, and Declare that the Difference or diſput to be made amongſt the ſaids Parties, having, or pretending to have right to the ſaids Few-ferms, Few-mails, and other conſtant Rent foreſaid, after the true Rental thereof be once tryed, as ſaid is, ſhall be no hinderance nor impediment, to Our ſaid Theſaurer, and Theſaurer-deput, to medle, and intromet, with the ſaids Few-ferms, Few-mails, and other conſtant Rent of the ſaids Superiorities: They alwayes paying, or conſigning the ſaids ſums decerned by Us, as ſaid is, in preſence of the ſaids Commiſſioners, to be forth coming to all the ſaids Parties, who pretends intereſt thereo, according as Our ſaids Commiſſioners ſhall appoint. And Farther Wee Declare, that Out entry to the ſaids Few-ferms, Few-mails, and other conſtant Rent foreſaid of the ſaids Superiorities, ſhall be, and begin at the Feaſt,and Term of Whitſunday,or Martimeſs next, and immediatly following the payment, or conſignation to be made by Our Theſaurer, Principal, or Deput in Our Name, to each perſon up-giver of his Rental of the ſums of money dew to be payed, conform to this Our Decreet and determination, And at the term next, and immediatly following the failzie to be commited by thoſe who ſhall not give up their Rental in manner foreſaid, Our Theſaurer, and Theſauer-depute, being alwayes acted for payment to them, after they ſhall give up their Rentals in manner foreſaid. And als Declares, if any of the ſaids Few-ferms, Few-mails, and other conſtant Rent foreſaid, be payable at other terms, nor the ſaids ordinary terms of Whitſunday, or Martimeſs, that Our entry ſhall be ruled, and divided according to the reſpect of the ſaids ordinary terms of Whitſunday,and Martimeſs, in manner above-expreſt, ſua that if payment, or conſignation ſhall be made by Us at Whitſunday, then the whole year, and Cropt ſhall be due to Us, and if the ſame ſhall happen to be at Martimes then the halfe allennerly ſhall be dew to Us; And the like courſe to be obſerved, where the failzie ſhall be commited in not up-giving, of the Rentals in manner before expreſt. NEXT, Whereas the ſaids Perſons Submitters hath ſubmited to Us, All and ſundry the Teinds that they, or any of them have of Other mens Lands by whatſoever right, or title they poſſeſs, or enjoy the ſame, and how they may be denuded thereof in Our favours; And als have ſubmitted to Us the rate, and quantity of Teinds, price of the ſame, and manner of ſecurity to be made thereanent. Wee find, That it is neceſſary, and expedient, for the publick well, and peace of this Our Ancient Kingdom, and for the better providing of Kirks, and Miniſters Stipends, and for the eſtabliſhing of Schooles, and other Pious uſes, that each Heretour have, and enjoy his own Teinds. AND THEREFORE, to the effect, full, and perfect ſecurity may be made to every Heretour of his own Teinds. WEE DECERN, and ORDAIN, the ſaids Submitters, and every one of them, and their Heirs, to denude themſelves of the right of Other mens Teinds, in Our favours, by all lawful manner, as may ſtand by the Laws of the Kingdom, and that of the Cropt 1629. years, and yearly thereafter in all time coming. And to that effect, Wee decern the ſaid Submitters, and every one of them, and their Heirs, to exhibit their Rights, Infeſtments, Tacks, and other ſecurities whatſoever, whereby they bruick the ſaids Teinds of Other Mens Lands, to Our Advocat, or Clerks of Our ſaids Commiſſions, at ſuch diets, and times, as they ſhall be required, to the effect, he upon the ſight thereof may form ſuch lawful, and valide ſecurities in Our favours as may ſtand by Law. Which ſecurities, Wee decern the ſaids Submitters to subſcribe, providing they be no farther oblidged in warrandice thereof, but from their own deeds, and from the facts, and deeds of their Predeceſſours, to whom they are Heirs. Excepting therefrom ſuch facts, and deeds, as is made, and perfected by any of the Submitters, and their foreſaids, in favours of the present Poſſeſſours, Tackſ-men, and others having right from them of the ſame Teinds. Whereupon they, and every one of them ſhall be oblidged to condeſcend at the time of the exhibition of their rights, to Our ſaid Advocat, or to the Clerks of Our ſaids Commiſſions. And as to the rate, and quantity of Teinds, Wee ratifie, and approve the courſe, and order taken by Our ſpecial Command, and direction for valuation of the whole Teinds of the Kingdom, ſo farre as ſhall be juſtly, and lawfuly done, according to the tenour of Our Commiſſions, and Ordains the Commiſſioners, and Sub-commiſſioners already appointed, or to be appointed to that effect, to exped the the ſame with all convenient diligence, and finds, and declares that the rate, and quantity of all Teinds of the Kingdom, is and ſhall be the Fifth part of the conſtant rent which each land payeth in flock, and Teind, where the ſame are valued joyntly. And where the Teinds are valued a part, and ſeverally, Findeth that the rate, and quantity thereof is, and ſhall be ſuch as the ſame ſhall be valued, and eſteemed to, by the ſaids Commiſſioners, or Sub-Comiſſioners, Deducing alwayes the Eifth part thereof; Which Wee out of our Fatherly, and Royal care, for the well of Our ſaid Kingdom ordaine to be deduced off the ſaids Teinds ſeveraly valued as ſaid is, for the eaſe, and comfort of Our Subjects: Reſerving alwayes liberty to such as ſhall be enormly hurt, and greived in the valuations foreſaids, either conjunctly, or ſeveraly made, to appeale to Us, or Our Parliament, to the effect Wee may take ſuch order therein, as may rectifie all abuſes, and diſorders committed, or to be committed in the ſaids valuations. AND AS to the price of Teinds, Wee Find the price of each Hundred merks of Teinds conſiding in money, to be valued, and eſteemed to Nine years purchaſe, and where the ſaids Teinds conſiſts in Victual, or other bodies of Goods; Becauſe there is great difference of the quality of Victual, and of the other bodies of Teinds, both in ſpaces, and kinds, and in worth, and goodneſs, according to the diverſe places in the Countrey where the ſame groweth, and are bred; Therefore Wee Decern, and Ordain tryal to be taken by Our Commiſſioners appointed, or to be appointed by Us, of the price,
