Page:The Laws and Acts of Parliament of Scotland.djvu/532

 5 o8 THE FIRST PARLIAMENT commiffioners, todifcufle and determine all queftions which may arife betwixt the titulars and heritors' anent the price of teinds, according to die nature and qualitieof the rights to be fold, whether the fame be heritable or temporal, and to proportionate the price accordingly; And alfo to divide the price of tiends betwixt heritors and life-renters, thereof; And betwixt titulars, tackfmen, and others who have feveral and diftinct rights to the faid teinds Tellable, according to the qualirie of their rights: And alfo with power to. them, to caufe the titulars who fell their faid teinds, toexhibit their rights and titles, to the effect that they may be lawfully denuded thereof, in favour of the faid heritors and life-renters refpeElive^ without prejudice alwayes to his Majefties annuitie, to bee payed forth of the faid teinds by the faid titulars of teinds, or heritores, orlife-rentars of lands, according to the tenor of the faid Act of annuitie; And generallie withpower to the faid Ccmmifiloners, to decide and determine in all other points, which may concerne the leading and draw- ing of teinds; the felling and buying of the fame, or payment of the rate thereof, contained in the Acts of Parliament above fpecified, or fetdowne in his Majefties general determination; with this provifion and declaration alwayes, that the Archbiihops, Bifhops, Parfons, Vicars, and other beneficed perfons, being Minifters, and their fucceflbrs, mall be no farther bound but according to the provifions and conditions ex- preft in the fubmiffion made by the Bifhops to his Majeftie, which is of the date the day of 1 6 z 8 yeares, and regiftrate in the bookes offcommiffion of furrenders and teinds, upon the thirteenthday of July, 163 1 : Which provifions and conditions are holden as expreft herein- And alfo with this provifion, that the Vicarages of eachKirke being a feveral benefice and title from the Parfonage, fhall be feveraliy valued, to the effect the titulars or Minifters ferving the cure, who have right to the faid Vicarages, be net fruftrate pf the true worth of the faid Vicarages; And ficklike,becaufe by the Act above-fpecified, made anentfuperi- orities of erections in favour of his Majeftie, there is fpecial refervation made to fuch titulars and Lords of erection, as havefubferibed the general furrender of the few-mails, few-fermes, and other conftant rent of the faid fuperiorities, aye and while they be payed of the price thereof contained in his Majefties general detetmination, and according to the provifions fpecified therein. Therefore his Majeftie and Eftates give full power to the faid commiffioners or any fifteene of them, as faid is, to call and conveen before them the Lords of erection, and others having right to the faid few-mails and few-fermes, and other conftant rent of the fuperiorities of Kirke-lands, at fuch particular diets as they ihall appoint, and to urge the faid Lords of erection and others forefaid, to give up their rentals of their faid few-mails, few-fermes, and other conftant rent forefaid of their faid fuperiorities, conforme to his Majefties deecrete and determination, given out there-anent; And with certification as is therein contained, and to liquidat the other conftant rent of the faid fuperiorities, not confifting in victual or filver: To the effect after the full tryall of the faid rental and liqui- dation thereof, the faid Lords of erection may receive the price of a thoufand marks for 'each chalder of few- fermes, and for eachhundreth markes of the other conftant rent, being redacted in money in whole or in part proportionally, from his Majefties Thefaurers, principal, or depute, and incafe of the abfence and refufal of the faids titulars and Lords of erection, that the fame may be configned in the hands of the Clerke to die faid commiffioners, toremaine configned for their behove; After the which confignation, it ihall be lawful to his Majefties Thefaurers, principal or depute, to up-lift, receive, and intromet with the faid few-mails, few-fermes, and other conftant rent forefaid, of all yeares and termes after the faid confignation, according to the tenor of the faid general determination; And alfo with power to the faid commiffioners as faid is, to difcufie aud determine all queftions that may arife betwixt the faid Lords of erection and the heri- tors of the ground, penfioners,life-renters,and others pretending right to the faid few-mails, &few-fermes, and I to divide the price amongft them, according to the qualitie of their rights, and all other queftions anent the few-mails, few fermes, and other conftant rent forefaid : Which by his Majefties general determination is referred to the determination of the commiffioners to be appointed to that eflect; And whereas it may fall out that fome of the commifsioners now appointed by his Majeftie and Eftates, may be unable to attend the fervice, through death, ficknefle, or fome other notour and knowne impediments; Therefore his : Majeftie referves tohimfelfe the nomination of fuch other perfons in their places, as his Majefty mall think i fit, whom his Majeftie by his letters fhall recommend to the faid commifsioners, to the intent they may receive and admit them upon the faid commifsion, and take their oathes for faithful difcharge of the fame. J And his Majeftie and Eftates ordaine thisprefent commifsion to endure unto the laft day of December in the I yeareofGod, 163 5- yeares: And farther induring his Majefties pleafure, and aye and while die fame be exprefly difcharged by his Majefties warrand, or letter to that eflect. And his Majeftie with confentof the Eftates forefaid, Andes, declares, and ordains the Acts, decretes, and ordinances of the commifsioners | forefaid, and of the other perfons, who fhall be furrogate in their places by his Majeftie in manner forefaid, in the whole particulars above-fpecified, and every one of them; Tohaveiheftrength, force, and authoritie ofadecrete, fentence, and Act of Parliament, and ordaines the Lords of Sefsion to grant and direct letters of horning, poynding, and others thereupon, upon afimple charge often dayes, or otherwife as ihali be found neceflary. Attour for clearing of all doubts and difficulties which may arife anent the rectifying of valuations, or other particular heads following : His Majeftie and Eftates have declared and declare, that; where valuatious are lawfully led againft all parties having intereft, and allowed by the former commifsioners according to the order obferved by them, that the fame fhall notbedrawne in queftion nor rectified upon pretence of enormlefion, at the inftance of the Minifter, not being titular, or at theinftanceofhisMaje-; Majefties