Page:The Laws and Acts of Parliament of Scotland.djvu/778

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4
Act of the Convention of Eſtates

Temporal Land of Kilwinning, diſſolved from the Abbacy of Kilwinning, at the Burgh of Irwing; the Abbot of Corſs-Ragwel, at the Town of Mayboll, the Prior of Whithorn at the Burgh of Whithorn, the Abbot of Saulſet at the Burgh of Whithorn, the Prior of St. Mary-Iſle at the Burgh of Kirkcudburgh the Lord of Dundrennand at the Burgh of Kirkcudburgh, the Lord of Glenluſs at the Burgh of Wigtoun, the Abbot of Tungland at the Burgh of Wigtoun, the Abbot od New-abbay at the City of Edinburgh, the Abbot of Holy-wood at the Burgh of Dumfries, the Prior of Canaby at the Burgh of Annan, the Barron and Baily of the Barrony of Broughtoun, diſſolved from the Lordſhip of Holy-rud-houſe, at the City of Edinburgh; the Heretors of the hundred Pound-land of the Barrony of Munkland, diſſolved from the Lordſhip of New-botle, at the City of Glaſgow; the Miniſter of Felfoord at the Burgh of Air, the Miniſter of Scotlandwell at the City of St. Andrews, the Miniſter of the Croſs Kirk of Peeblesat the Burgh of Peebles, the Patron and Parſon of the Kirk of Dundee, diſſolved from the Abbacy of Lindores, at the Burgh of Dundee; And all other beneficed Perſons at the Paroch Kirks of their particular Benefices: and that they conveen to the effect above written, upon the twenty fifth day of October, in this preſent year of God, one thouſand, ſix hundred, ſixty five years, which is declared to be the preciſe day appointed for all their Vaſſals, Fewers, Tackſ-men and Penſioners to keep the ſaid Meeting; and that no further citation of ſummoning ſhall be requiſit, then this Proclamation, and publication of this preſent Act at the Mercat-croſſes of the head Burghs of this Kingdom.

As alſo it is Declared by His Majeſty and His ſaid Eſtates,That if any Vaſſals, Sub-Vaſſals, Fewers, Tack-ſmen of Teinds, Penſioners, or any other Juſtly bound to make relief to Prelat, Lord of Erection, Patron or other beneficed perſon, of any part of the ſaid Taxation, ſhall ſend any Procurator in his name ſufficiently authorized to the ſaid Meeting; the ſame ſhall not only excuſe the principal Parties abſence, but the Procurators ſhall be admitted in all things, and received to do and perform in the diſtribution of the ſaid Taxation, what could, or lawfully might, have been done by him who ſent him. It is likewayes Declared, that the Prelat, Lord of Erection, Patron, or other beneficed Perſon, impeded by diſeaſe, or diverted upon ſome other neceſſary occaſions, from attending that Meeting, having his abſence ſupplyed that day by a ſufficient worthy perſon, whom he ſhall authorize and appoint to that effect, ſhall be as lawfull as if he were perſonally preſent himſelf; and the party ſo authorized ſhall be admitted and received in all things, to do and perform in the diſtribution of the ſame Taxation, what could, or lawfully might, have been done by him who ſent him.

It is further Statute and Ordained, That at the ſaid day of Meeting, the ſaids Prelats, Lords of Erection, Patrons and other beneficed Perſons, ſhall by themſelves.or by their Procurators, lawfully authorized asſfaid is, fence and hold Court, call by name and ſurname upon every one of their Vaſſals, Sub-vaſſals, proper Woodſetters, Fewers, Tackſ-men of Teinds, Penſioners and others oblieged to relieve them of any part of the ſame Taxation, and lawful time of day being bidden, to ſhew to their ſaid Vaſſals, Fewers, Tackſ-men and Penſioners, or their procurators compearing for them, the quantity of the Taxation impoſed upon their Prelacy, erected Lordſhip or other Benefice, authentickly ſubſcribed by the Clerk of the ſame Taxation; and they all ( at the leaſt ſo many of them as ſhall conveen for that effect, with conſent of the moſt part) ſhall diſtribute the ſame to be payed by every man, as well as by the Prelate, Lord of Erection and preſent poſſeſors of final Benefice, for the free rent that every one of them hath of their Prelacies, erected Lordſhips and ſmall Benefices as by the Vaſſal, Fewer, Tackſ-man and penſioner, according to the great and ſmall quantity of the free Rent which every one of them hath either of their Lands, Teinds or Penſions: With certification to any of the ſaids perſons, Fewars, Vaſſals, Tackſ-men and penſioners, that compear not by themſelves or their Procurators, at the day and place above-ſpecified, to the effect foreſaid; that ſuch as ſhall conveen with the ſaids Prelats, Lords of Erection, Patrons or other beneficed Perſons, or their Procurators, ſhall proceed in the equal diſtribution of the ſame Taxation, as well amongſt them that are abſent, as preſent; and ſhall make and ſubſcribe an authentick Taxt-roll thereupon The Teinds valued fined the year, one thouſand, ſix hundred, twenty ſeven years, being ſtinted and eſtimat without reſpect to the ſaid Valuations, ſick like, and in the ſame manner, with the addition of a fourth part, as they were for the Taxation granted in the year, one thouſand, ſix hundred, thirty three years, and to be taxed accordingly. And in caſe that none of the ſaids Vaſſals, Fewers, Tackſ-men and Penſioners, ſhall conveen at the day and place above-ſpecified, to this effect, by themſelves or their Procurators, but ſhall wilfully abſent themſelves from the ſaid meeting; it ſhall be lawful for the ſaids Prelats, Lords of Erection, Patrons and other beneficed perſons, being preſent by themſelves or their Procurators, at the day and place above-ſpecified, to make, ſet down and ſubſcribe the ſame Taxt-roll; And in caſe any of the ſaids Prelats, Lords of Erection, Patrons or other beneficed perſons, vhall not conveen by themſelves or their Procurators at the day and place aboveſpecified, particularly deſigned to every one of them; it ſhall be lawful for the ſaids Vaſſals, Fewers, Tackſ-men and Penſioners, at the leaſt ſo many of them as vhall conveen by themſelves or their Procurators, to make, ſet down and ſubſcribe the ſaid Taxt-roll; which Taxt-roll ſhall contain the particular ſum that every one ſhall be found juſtly to be addebted to pay, the parties name addebted to pay the ſame, and the cauſe wherefore the ſame ought to be payed. And being ſo ſet down, either by the Prelat, Lord of Erection, Patron and other beneficed perſon, or their lawfull Procurators, with ſo many of their Vaſſals, Sub-vaſſals, Fewers, Tackſ-men of Teinds, Penſioners and others oblieged to relieve them of any part of the ſame Taxa-tion