Page:The Laws and Acts of Parliament of Scotland.djvu/533

 O F K I NG CHARLES THE FIRST. S o 9 Majefties Advocat, for and in refpedl of his Majefties annuitie, except it be proved that collufion was ufed betwixt the titular and heritor, or betwixt the procurator fifcal and the titulars* and heritors, which collu- fion is declared to be where the valuation is led, with diminution of the third of the juft rent prefently payed, and which diminution iliall be proved by the parties oathes. And ficklike it is declared that the provisions contained in the forefaid fubmiflion made by the Bifhops, whereof mention is made in the forefaid Ad: of tithes, and which is repeated in this commiffion, mail be reftricted to that whereof Archbilhops, Biftops,' Parfons, vicars, or other beneficed perfons being Minifters, Colledges, Hofpitals, and other dotations to pious ufes were in actual and real poffeflion the time of the faid fubmiflion, which fliall remaine with them in quantity and quality, according to the tenor of the faid provifion : And ifanyqueftion iliall arife betwixt the faid Arch-bifhops, Biihops, Parfons, Vicars, and other beneficed perfons forefaid anent the leading of teinds, that the fame mall be referred to his facred Majeftie, and to his Royal pleafuretobe ficmified thereanent. And alfo anent laick patronages pertaining to any his Majefties fubjects, before the yeareofGod, 15-61 yeares; His Majeftie and Eftates declare that the fame falls within the compaiie of the general fubmiflion made to his Majeftie, And his Majefties determination given thereupon, and that alen- narly in fofarre as concernes a competent maintenance* to be locally payed forth of each Church, to the Minifter and his fucceflbrs; And anent the teinds of other mens lands; And anent the annuitie to be payed to his Majeftie forth of the teinds of the faid Kirk •. And as to the remanent teinds the fame to pertaine to laick pa- trons in price or rate thereof in all cafes, where the forefaid laick patrons were in poffefllon of the reinds there- of, by the fpace of feven yeares within the fifteen yeares immediately preceding the date of the faid general fubmiflion : With this declaration, that where the titulars or the Minifters provided to the faid laick patron ases and Kirks thereof, were in poffefTion of the benefices forefaid, and fruites and rents thereof, eithec by leading of the teinds, or by up-lifting and intrometting with the whole rents thereof, by the fpace of feven yeares offifteene yeares immediately preceding the faid fubmiffion ; in thefe cafes, the difference betwixt the faid laick Patrons, and the Titulars, and Minifters, fhall be referred to his facred Majeftie, and to his ] Royal declaration to be given there-anent, and ordaines ail former commifsions anent the ptemifies, to ceafe in time coming, and this onely to ftand in force in time to come. A C T X X. tyfnent the King His T)efignation of The Names to be infert in the Commifsions anent the Tithes and hawes. OUR SOVERAIGNE LORD, And Eftates of Parliament, confidering that the Defignatiori of the particular perfons neceflarie to bee ingroft in the two fevearl commifsions granted in this prefent jParliament; The one anentthe teinds; And the other anent thefurvay of the Laws which was by the faid I Eftates referred to his facred Majeftie. THEREFORE the laid Eftates appoint and ordaine the clerke lot his Highnefle Regifter to infert in the faid two fevreaf commifsions fuch particular perfons names as his iJMajeftie by his warrant,figned with his hand, fhall appoint and ordaine to be infert thereunto. Fordoing jwhereof declares this prefent Act tobe*als fufficient a warrant to the clerke of Regifter, as if the faid com-, miflioners names had been now prefently infert in the faid two fe veral commiffions by his Majeftie and eftates (of Parliament. Act xxi. iuSient the Anwel of Eight to be taken of ilk hundred in time to come aknnerly, fufpendingthe fame for three yeares, and in the interim two often to be fayed jor the faid fpace to his MAIESTIE. I' N THE PARLIAMENT Holden at Edinburgh, upon the twentic eight day of June, the yeare of God 1633. ForfomuchashisMaiefties Lieges and good Subjects are heavily oppreft and burden- lied with exorbitant annual-rents, andintereft taken for the ufe of money, far exceeding the rate and propor- Lttion taken in England, France, and other neighbour countries : THEREFORE His Majeftie, with ad- Kvice of the Eftates, ftatutes and ordains, that notwithftanding of any former Act of Parliament, allowing ken pounds to bee taken for each hundreth pounds in a yeare : Yet that no perfon after the date hereof take more then eight pounds for the ufe of the hundreth pounds in a yeare, andfo proportionally in lefier or k. greater fums, under the paines contained in the former Acts of Parliament made agairtftufurers. AND forfomuch as his Majeftie, out of his gracious goodnefs,with confent of the Eftates, hath reduced I Itheintereft and profit of money from ten of the hundred to eight, conforme to this prefent Aft. Therefore the Eftates of Parliament prefently conveened, being fenfible of the greatgood enfuing thereby, to this whole Kingdome in all times to come; Make a voluntary aud humble ofrer to his Majeftie, that of the faid ten payed by borrowers for each hundred, during the fpace of three years next enfuing •. Two fhall' Z z 2 be