Page:The Laws and Acts of Parliament of Scotland.djvu/442

 4 zo K I k G JAMES THE S E X T ot any other having right to crofted Prelacies, who mall be cited before them, refufetotake the burden of plantation of any Kirks belonging to the faids erected Prelacies, which are not planted , or to help fik other Kirks of the fame ■, as are not well and fufficiently provided, according to the tennour of the forefaid Com- miffion, and that upon their refufall (the faid rcfufal being firft found reafonable by the faids Commiffio- ners) the burden of the laid plantation, or farther provifion, mall be laid and impofed by the faids Commif- fioners, in whole, or in part, either upon the principal Takfmen of any of the frains of the faids Kirks. Or in- cafe if the Tackfmen refufe, the burden be impofed upon the Sub-takfmen thereof, the iaids Commiffioners ihall have power to decerne, appoint j and ordein fik parricular recompence to be given to the faids Takf- men, or Sub-takfmen, by renewing of their tacks or fub-tacks, after the expiring thereof, upon fik conditi- ons as the faids Commiffioners fhall findc reafonable, refpect being had to the qualitie and proportion of the burden to be impofed upon them within the time of their taks and rights, farther then they are aftricred by their faids rights, or by appointing fik other reafonable fatisfaction as they mall finde the faid burden and di~ firefle undergone by any of them, fhall deferve and require. Lykeas the faids Commiffioners fhall have fiklike power to determine, decerne and appoint fik particular fatisfaction and recompence to be given either to laick Patrons, or to the Takfmen of the fruits of the Kirks belonging to the like Patronages and Sub-takfmen thereof, as they fhall think may be anfwerable to the bur- dens to be impofed upon either of them for the caufe above -written proportionally. In the prefcry ving of the which recompence, the faids CommiiTioners fhall have fpecial refpect, what confideration they finde reafonable to be given to the faids Patrons for their confents to the tacks, if any fhall be appointed and decerned to be fet and given to the faids tackfmen for recompence forefaid. And if any beneficed petfon upon jufl and reafonable caufes, refufes to provyde any Kirk belonging to their Benefice, according to the order hereby prefcry ved, whereby the burden of plantation, or farther provifioti of the Kirk, mufl neceftarily lye upon the Tackfmen or Sub-tackfmen of the fruits thereof. The faids CommiiTioners in that cafe alfo fhall decerne fik recompence to be given to the faids Tackfmen and Sub-tackfmen for their lofle and prejudice fuftained, as the faids Commiffioners fhall finde the fame fhall merit, by renewing of taks to them upon fik conditions as may- requite their lofle, or by finding out fome other reafonable meane which may repair the fame. And OUR faid Soveraigne LORD, with advice and confent of the faids Eflates, Declares , Statutes and Ordeins j That all tacks which fhall be decerned by die faids CommiiTioners to be t given in recompence to any perfon vvhatfomever for the caufes above- written, and which fhall be fet for obedience, and conforme to the faid decreet and fentence; vvhatfomever yeares, or iong fpace the faids tacks fhall comprehend, fhall be good, lawful, arid fuflicient fecurities to the perfons in whofe favours the fame are appointed to be given and con- ceived, neither fhall the fame be any wayes prejudged by the Aft made in this prefent Parliament , by the which it is ftatute diat no Archbilhop, Biihop, or Prelate fhould fet in tack any part of their patrimonie for longer fpace nor nineteen yeares, and that no inferiour Beneficed perfon fliall fet in tack any part of their Benefice for longer fpace nor their awne life- times, and five yeares thereafter, as the faid Statute proports, fra the which Statute, the faids tacks fo appointed to be fet and given in recompence , are and fliall be except- ed and referved, and fhall no wayes come under the compafle of the faid Act and Statute, nor any thing therein conteined, but the fame fhall remaine and abide valide and fuffkient rights for die whole fpace and yeares appointed therein according to the tenour thereof notwithftanding of the faid Act and Statut. AND becaufe it may fall furth that in the recompens to be appointed by the CommiiTioners to the Patrons,; Tacksmen, & Sub-tacksmen for the forefaid burding to be impofed upon them, moe yeares may be affigned for prorogation of their prefent tacks nor may lawfuilie or conveniently be fet be the prefent beneficed perfons to whom be Law the fetting of tacks of Teinds belonges. FOR remeid thereof OUR Soveraigne LORD with advife& confent of the faids Eflates Declares, Statuts and Ordeins, That it fliall be lawful to the Com- miiTioners forefaids to appoint als many years after the expyring of the prefent tacks to the tackfmen of the faids Kirks and Teinds or to the Patrons or fub-tackfmen refpetfive for bruiking of the faids teinds for recom- {>ence of the faid burding as they fliall think reafonable, which fliall be als good, valid and fufTicieiit rights to the aids Patrons tackfmen & fub-tackfmen rejpetiive, and to their heirs and affignayes, for bruiking and pofleffing and difponing upon the faids teinds during the faids years of prorogation, as if good ^ lawful and valide tacks and rights of the faids teinds had been fet and made to them be dieTitulars of the benefices to whom the fame belonged, with confent of all parties having entrefle. With' exprefle provifion and declaratione diat at the expyring of all the faids years, the right of the faids teinds and power to fet tacks thereof, fliall returne and ap- pertairi to the faids Titulars of the forefaids Benefices, as they did before the making of this prefent Act, And O U R faid Soveraigne LORD, with advice of the faids Eftates, Declares and ordeins this Com- miffion to lafl and endure to the feaft and tearme of Lambes, in the year of God one thoufand fix hundreth and eighteen years, After the which time the fame fliall ccafe and expire. And Ordeins the decreet and fen- tence of the faids Commiffioners in all the particulars forefaids, and every ane of them , to have the flrength ,■ force and authoritie of ane decreet fentence, and Act of Parliament, for obedience whereof the Lords of SefTion ihall direct and grant Letters in forme as effeirs, and according as fliall be necefTar , Which Commif- on above- written, taking force and full effect in all the faids particulars therein conteined , as the fame are fet down and comprehended therein, by pronunciation of decreet and fentence upon the fame , conforms to the power therein comprehended, given to the faids Commiffioners. OUR