Page:The Laws and Acts of Parliament of Scotland.djvu/556

( 10 ) of the Kirks, with the Peace, and Quietnes of that Our Ancient Kingdom, PRONOUNCE Our Sentence, and Determination as followes. IN THE FIRST, as to the compoition to be given by Us, for the Few-mails, Few-ferms, and other contant Rent of the aids Superiorities, Wee Find, and Decern the um of One Thousand merks Scots money to be a competent, and reaonable atifaction, to be payed for each Chalder of Few-ferms Victual over-head, and for each Hundred merks money worth of all other contant Rent, of the aids Superiorities (not coniting in Victual, or Money, and not being naked ervice of Vaals) the ame being valued, and redacted in Moneys by Our Commiioners after-pecified: Deducing alwayes of the aids Few-ferms. Few-mails, and other contant Rent foreaid, the Blench-dewties contained in the Infetments of Erections made to the aids Submitters, or to their Authours: For the which Wee find that Wee ought, nor mould give no atifaction, in repect the ame pertains to Us, as Our proper Rent, by their aids Infetments of Erections. And becaue It is not contant what is the true Rental, and quantity of the aids Few-ferms, Few-mails, & other contant Rent of the aids Superiorities & what part therof pertains to every particular Peron, and what is free deducing the aids Blench-dewties, without the which were tryed, and known, there can be no payment made to them of the aid compoition, and atifaction; THEREFORE Wee Ordain the aids Lords of Erections, and all others having right to any part of the aids Few-ferms, Few-mails, and other contant Rent foreaid of the aids Superiorities, to give in the jut Rental of the aids Few-ferms, Few-mails, and other contant Rent of the aids Superiorities, and what par thereof pertains to every particular Peron heretably in Life-rent, or otherwie; and what part thereof is preently payed, or hath been payed to them, or any of them, having, or pretending right thereto, of the years preceeding the deceae of Our Umquhile dearet Father of Eternal memory, and enyne; and what is free thereof deducing the aids Blench-dewties before Our Commiioners nominat, or to be nominat by Us to that effect at uch dayes, and times as they hall be required thereto: And to ubcribe the aids Rentals with their hands, and therein to be bound to Warrand the aids Rentals to be jut Rentals thereof, from their own deed; and that the ame hath been payed thee Seven years immediatiy by-gone, at the leat payable by lawful Fews et before the Act of Annexation: And that the ame is not burdened with any penion, nor Liferent, nor other right flowing from them, their Authours, or Predeceours, ince the date of their Erections, which may prejudge Our preent Intromiion therewith: Which being done, and the aids Rentals tryed, allowed, and approven, by Our aids Commiioners, DECERNS, and ORDAINS, Our Theaurer, Theaurer-depute, and Receivers of Our Rents preent, & to come to make a good & thankful payment to them, and every one of them, according to the aids Rentals, to be tryed by Our aids Commiioners, of the aid um of an Thouand merks, for each Chalder of Few-ferms, & for each Hundred merks of Few-mails, and for each Hundred merks worth of all other contant Rent foreaid, of the aids Superiorities being valued, and redacted in Moneys by Our aids Commiioners, deducing the aids Blench-dewties as aid is, and that within the pace of a Moneth thereafter, with this pecial proviion, and declaration: That in cae Our aid Theaurer-Principal, Theaurer-Deput, and Receiverers, failie in payment, that then, and in that cae, the aids Lords of Erections, and other Perons foreaids, having right to the aids Few-ferms, Few-mails, and other contant Rent foreaid of the aids Superiorities, hall have good right to meddle, and intromet with the aids Few-ferms, Few-mails, and other contant Rent foreaid, of all years, and terms thereafter, ay and while the aids ums be realy payed, and atified to them, and als with this proviion, that if it hall happen any of the aids Lords of Erection, or any others having, or pretending right to the aids Few-ferms, Few-mails, and other contant Rent foreaid to failie in compearing before the aids Lords Commiioners, and giving up of the true Rentals thereof, in manner above-deigned, at the diets, and times to be aigned to them; That then, and in that cae, it hall be lawful to Us, and Our Theaurers, and Receivers, to intromet with the aids Few-ferms, Few-mails, and other contant Rent of the aids Superiorities, they alwayes being acted, and bound before Our aids Commiioners, appointed, or to be appointed by Us, to pay to the Peron ua failieand the aid price, and compoition of an Thouand merks money for each Chalder, or Hundred merks of the aids Few-ferms, Few-mails, and other contant Rent foreaid: And that within the pace of a Moneth after they hall give up a jut, and true Rental, in manner, and with Warrandice above-expret, and that the ame hall be tryed, and found by Our aids Commiioners, to be jut, and Lawful: And als with this proviion, that if the Failiers hall purge themelves, by lawful, and reaonable caues before Our aids Commiioners, of their not up-giving of their Rentals. That then, and in that cae, Our aids Commiioners hall have power to appoint to them whoe failie hall be o purged, Annual-rent at Ten of the Hundred, from the time of Our Theaurer's entry to their aide Few-mails, to the time of the payment of the aid Compoition, which is appointed to be made at the up-giving of their aid Rentals in manner foreaid. And becaue, in trying of the Rentals of the aids Fewferms, Few-mails and other contant Rent foreaid, there may occur quetion betwixt Two, or moe Perons, and Parties claiming right to the aids Few-ferms, Few-mails, and other contant Rent foreaid, in whole or in part, by Infetments, Penions, Life-rents, or other Right tanding in their Peron; In the which cae Jutice, and Equity craveth that each Peron hall receive a portion of the aid atifaction, acording to the quality of their Right, whether the ame be Life-rent, Fee, Penion, Annual-rent, or other Right whatoever, THEREFORE Wee Ordain Our aids Commiioners to take trial of the aids everal Rights, and