Page:The Laws and Acts of Parliament of Scotland.djvu/477

 XXHI.TARLIAMENT.IV.ofAugnJI,i6%i. w oilnfchcal&ieoche. Item, a Petition given in by Tatrick, Bifhop of Aberdene : Defiring the ESTATES, to give power to the forefaids Commiffioners, to ratifie and approve the voluntary Dillolutions of the former unions of thefe Kirks within his Diode, to the feveral provisions, whereof the parties bavins Interefs thereintil, have confented, and to admit thefe who make offer at the fight of the Bilhop and Presbyterie, where the Kirks lye, to provide the fame fevcally, Albeit they fhall not make out the full rate and ftipend appointed by the laft CommiflTi on. And laft, a petition given in , by the Minifter at the Kirk called Chrifts I Kirk, atVdney. craving the fame Kirk to be fufficiently planted, and provided, widia conftant and local ftipend, and the fame made fure to the Minitler ferving the cure at the faid Kirk , as the forefaids Sup- • plications, Petitions, and Patents [ refpe&ive ] above- written, in themfelves more fully pro- ports. AND Finding the Defires forefaids reafonable, Our faid Soveraigne LORD, and ESTATES I of Parliament, Gives , Graunts , and commits full power and authority to the faids Commiffioners , , to appoint, determine and fet down , fuch folid Order anent the whole particulars above-mentioned , I and every one of them, as they after confideration and try al had, and taken by themthereanent, mall forefai' ' L; al id fee order taken in the premifles thereanent : That after citation, the Commiffioners may confider of I the In erefle and prejudice, if any ihall be qualified by any perfon before them, anent the particulars a- Bove-mentioned : and may then proceed therein , as they ihall find rribft expedient. But the E S T A T E S findes, and declares, Thatinthefetling and determination or the firft particular above-mentioned, anent the building of a new Kirke within the Parochine of FettereJJh, There ihall be expreily rcquifite, the fpe- cial and exprefle confent and warrand of the Parties, having Interefie thereintil : By , and befide the citation and fummonding of them to that effect : AND findes, and declares , That the Decreet and I Sentence ofthefaids Commiffioners, to be given by tliem in all the particulars forefaids, and every one of jfarhe had been done, and determined by rhe faids Eftates themfelves. AND Becaufe Reafon and Equity craveth, That recompence lhould be made tinto the Tackf-men, and j other perfons whatsoever, who ihall be by the fentence of the faids Commiffioners, hurt and prejudged oi their prefent profite, which they may lawfully bruike, by vertue of their Titles and Rights, eftablifh- ed in their perfons : and upon whom, by vertue of the faid Sentence , any Burthen of the Suftentation and provifion of the faids Kirks and Minifters is to be impofed : THEREFORE, Out Soveraigne LORD, and E S T A T E S of Parliament, Gives full power , and commiffion , to the (faids Commiffioners, fo to proceed in the determining of the faid recompence, that in cafe the Lord, or any o- ther having right to erefted Prelacies, who ihall be cited before them, refufetotake the Burthen of Plan- tation of any Kirks belonging to the faids erefted Prelacies, which are in any of the cafes above-written : And ithat upon their refufal , ( 1 he fame refufal being_ firft found reafonable by the faids Commiffioners ) the bur- then of the faid plantation ihall be laid and impofed by the faids Commiffioners , in whole or in part, either u- pon the principal '• ackf men of any of the fruites of the faids Kirks : Or in cafe of the Tackf-mens refufal, the burthen be impofed upon the Sub-Tackf-men thereof: The faids Commiffioners ihall have power to decern, appoint, and ordain, fuch particular recompence to be given unto the faids Tackf men, or Sub- 3 acfcf-mcnj by renewing of their Tacks, or Sub-Tacks, after dre expiring thereof, upon fuch conditions, as the faids Commiffioners ihall find reafonable ; Refpeft being had to the quality and proportion of the burthen to be umpofed upon them, within tht time of their Tacks and Rights , farther than they are aftrifted by their faids Blights .• or by appointing fuch other reafonable fatisiaft ion, as they ihall find the faid burthen and diftrefle undergone by any of them, fhall deferve, and require. LIKE AS the faids Commifsioners fhall have fuch like power to determine, decerne, and appoint fuch (particular fatisfaftion, and recompence, to be given either to the Laicke-patrons, or to the Tackf men of She Fruites of the Kirks, belonging to the like Patronages and Sub-1 ackf men thereof, as theylhail thinke Jtnay be anfwerable to the burthen to be impofed upon either of them , tor the caufe above- written proporti- onally. IN THEprefcribing of the which recompence, The faids Commifsioners ihall have fpecial re- ifpeft , what confideration they find reafonable to be given to the faids Patrons , for their confents to the packs, if any fhall be appointed, and decerned to be fette, and given unto the faids Tackf men, forrceom- ipence forefaid. AND if any beneficed perfon, nponjuft and reafonable cauies, reiufe to provide any Kirk belonging to their benefice, according to the order hereby prefcribed, whereby the burthen of plantation, or farther provifion of the Kirk, mull necefiarily lye upon the Tackf-men, or Sub-Tackf-men of the fruits
 * linde moll expedient, and agreeable with reafon. To the doing whereof, in everyone of the particulars
 * them ihall have the ft rength, force, and authority of a Sentence, and Aft of Parliament, fuch like as the
 * hereof : The faids Commifsioners, in that cafe alfo, ihall decerne fuch recompence to be given to
 * he faids Tackf- men, and Sub-Tackf-men, for their loffe and prejudice fuftained, as the faids Commifsio-

lers ihall find the fame fhall merite, by renewing of Tacks unto them , upon fuch conditions as may •equite their lofTc : Or by finding out forne other reafonable meane, "which may repaire the "ame. Q_ q q * AND