Page:The Laws and Acts of Parliament of Scotland.djvu/561

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fected 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. And as to the rate, and quantity of Teinds, Wee ratify, and approve the courſe, and order taken by Our ſpecial command, and direction, for valuation of the whole Teinds of the Kingdom, ſua ſar as ſhall be juſtly, and lawfully done according to the tenour of the Com- miſſions: And Ordains the Commiſſioners, and Sub-Commiſſioners already appointed, or to be appointed for that effert, to exped the ſame with all convenient diligence, And Finds, and Declares, that the rate, and quantity of all the Teinds of the Kingdom, is, and ſhall be the Fifth part of the conſtant rent which each Lands payeth in ſtock, 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, be the ſaids Commiſſioners, or Sub-Commiſſioners, deducing alwayes the Fifth part thereof, which Wee out of Our Royal, and Fatherly care for the well of Our ſaid Kingdom, Ordain to be deduced off the ſaids Teinds ſeverally valued as ſaid is, for the eaſe, and comfort of Our Subjerts. Reſerving alwayes the liberty to ſuch as ſhall be enormly hurt, and greived, in the valutaions foreſaids, either conjunctly, or ſeverally, to appeale to Us, or to Our Parliament; To the effect Wee may take ſuch order therein, as may rectify 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 Hundrea merks of Teinds conſiſting in money, to be valued and eſtimat to Nine years purchaſe. And where the ſaids Teinds conſifts in Victual, or other bodies of Goods; Becauſe there is great difference of the qua- lity of Victual, and of other bodies of Teinds, both in ſpecies, and kinds, and in worth, and goodneſs, accordinng to the diverſe places in the Countrey where the ſame growes, 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, worth, and eſtimation of each Chalder of Victual, and of all other bodies of Goods, wherein the Teinds conſifteth in kinds and goodneſs, as the ſame commonly ruleth in each part of the Countrey. And this being tryed, and condeſcended upon, and the prices thereof redacted to money, Wee find the juſt, and reaſonable price thereof, to be eſtimat to Nine years purchaſe: And Wee Declare this Nine years pur- chaſe to be the juſt price of the heretable right of Teinds, where the Seller hath the heretable right there- of; But where his right is not heretabel, but temporal, and conſiſts in Leaſes, and Tacks, or ſome other temporal right, whereof there are many , or few years to run. Wee declare the price in this caſe to be ruled proportionally, according to the number of the number of the years in the Tacks to run, and quality of the Rights. And becauſe many Heretours of Lands hath Tacks long, or ſhort of their own Teinds, or ſome other right thereof Handing in their perſon; In the which caſe it is not reaſonable that the Heretours ſhould pay the full price to the Perſons having right to their Teinds. Therefore Wee referre this point alſo to Our Commiſſioners appointed, to to be appointed, to determine, and ſet down the proportion of the price of Teinds, according to the years of the Tacks to run, and quality of the Rights ſtanding in the perſons of the ſaids Heretours , and according to the quality of the rights ſtanding in the perſons of theſe who had Title to the ſaids Teinds, after the out-runing of the Heretours Tacks, and Rights of the ſame. It is alwayes declared, that the ſaids Heretours who ſhall buy their own Teinds, ſhall be oblidged to pay for no more of the ſame, but ſuch as ſhall reſt by and attour the Miniſters Stipend, and other Pious uſes, which by the tenour of the general Commiſſion, are ordained to be firſt provided. And als that thoſe who ſhall not buy their own Teinds, and are to be ſubject in payment of the rate of their Teinds above ſpecified , ſhall be no farther oblidged in payment thereof to the ſaids Titulars, but with deduction of ſuch part, and portion thereof, as is reſting by and attour the ſaids Miniſters Stipends, and pious uſes foreſaids. And fic-like Wee Decern, where Wee , or any of the ſaids Titulars have right to the Teinds of Other mens Lands, after inſpection of their rights, and due conſideration thereof by Our Commiſſioners appointed, or to be appointed for that effect; That accordingly in regard of the rights that Wee, or they ſhiall be found to have, ſuch a part of the price, and payable rent, ſhall be ordained to be payed, and applyed to Our, or Their uſes. And Wee Find, and Declare, That this general courſe, and order, that every Heretour ſhall bruick, and poſſeſs his own Teinds, ſhall have begining in this inſtant Cropt, and year of God 1629. years: The ſaids Heretours being alwayes ready to fullfil , and perform their part of this Our determination. And to the effect that the ſaids Titulars may receive full, and compleat ſatisfaction of the price of the ſaids Teinds , ſua far as is due to them by this Our determination, from the ſaids Hererours who ſhall buy their own Teinds as ſaid is: Or where they ſhall not buy, that the ſaids Titulars may be ſecured, in the yearly rate, and quan tity of the ſaids Teinds, to be payed to them of the ſaid Cropt 1629, and yearly thereafter, Wee referre the conſideration of the terms of payment of the ſaid payable rent of the ſaid Cropt 1629. years, and yearly there- after, together with the manner, and form of the ſecurity to be given thereanent by the ſaids Heretours, to the ſaids Titulars, unto Our ſaids Commiſſioners, appointed, or to be appointed, To whom Wee give full power to ſet down ſuch ample ſecurities as may ſtand by Law, both for Our ſecurity, and for the ſecurity of the ſaids Titulars in the premiſies: Which form of ſecurity to be ordained by them, Wee decern the ſaids Heretours to obſerve, and fulfil in all points, after the form, and tenour thereof. And Wee Decern the ſaids whole Perſons Submitters, their Heirs, and Succeſſours, to obtemper, fulfil, and obey, this Our

determination, in the whole Heads , and Articles thereof, they receiving lawful, and perfect ſecurities,

conform