Page:The Laws and Acts of Parliament of Scotland.djvu/557

( 11 ) and accordingly to appoint the aids ums ordained to be payed by Our aid Theaurers, and Receivers for compoition, and atifaction as aid is, to be payed, or divided amongt them, according to the quality of their Rights. And Wee Will, and Declare that the Difference or diput to be made amongt the aids Parties, having, or pretending to have right to the aids Few-ferms, Few-mails, and other contant Rent foreaid, after the true Rental thereof be once tryed, as aid is, hall be no hinderance nor impediment, to Our aid Theaurer, and Theaurer-deput, to medle, and intromet, with the aids Few-ferms, Few-mails, and other contant Rent of the aids Superiorities: They alwayes paying, or conigning the aids ums decerned by Us, as aid is, in preence of the aids Commiioners, to be forth coming to all the aids Parties, who pretends interet thereo, according as Our aids Commiioners hall appoint. And Farther Wee Declare, that Out entry to the aids Few-ferms, Few-mails, and other contant Rent foreaid of the aids Superiorities, hall be, and begin at the Feat,and Term of Whitunday,or Martimes next, and immediatly following the payment, or conignation to be made by Our Theaurer, Principal, or Deput in Our Name, to each peron up-giver of his Rental of the ums of money dew to be payed, conform to this Our Decreet and determination, And at the term next, and immediatly following the failie to be commited by thoe who hall not give up their Rental in manner foreaid, Our Theaurer, and Theauer-depute, being alwayes acted for payment to them, after they hall give up their Rentals in manner foreaid. And als Declares, if any of the aids Few-ferms, Few-mails, and other contant Rent foreaid, be payable at other terms, nor the aids ordinary terms of Whitunday, or Martimes, that Our entry hall be ruled, and divided according to the repect of the aids ordinary terms of Whitunday,and Martimes, in manner above-expret, ua that if payment, or conignation hall be made by Us at Whitunday, then the whole year, and Cropt hall be due to Us, and if the ame hall happen to be at Martimes then the halfe allennerly hall be dew to Us; And the like coure to be oberved, where the failie hall be commited in not up-giving, of the Rentals in manner before expret. NEXT, Whereas the aids Perons Submitters hath ubmited to Us, All and undry the Teinds that they, or any of them have of Other mens Lands by whatoever right, or title they poes, or enjoy the ame, and how they may be denuded thereof in Our favours; And als have ubmitted to Us the rate, and quantity of Teinds, price of the ame, and manner of ecurity to be made thereanent. Wee find, That it is neceary, and expedient, for the publick well, and peace of this Our Ancient Kingdom, and for the better providing of Kirks, and Miniters Stipends, and for the etablihing of Schooles, and other Pious ues, that each Heretour have, and enjoy his own Teinds. AND THEREFORE, to the effect, full, and perfect ecurity may be made to every Heretour of his own Teinds. WEE DECERN, and ORDAIN, the aids Submitters, and every one of them, and their Heirs, to denude themelves of the right of Other mens Teinds, in Our favours, by all lawful manner, as may tand by the Laws of the Kingdom, and that of the Cropt 1629. years, and yearly thereafter in all time coming. And to that effect, Wee decern the aid Submitters, and every one of them, and their Heirs, to exhibit their Rights, Infetments, Tacks, and other ecurities whatoever, whereby they bruick the aids Teinds of Other Mens Lands, to Our Advocat, or Clerks of Our aids Commiions, at uch diets, and times, as they hall be required, to the effect, he upon the ight thereof may form uch lawful, and valide ecurities in Our favours as may tand by Law. Which ecurities, Wee decern the aids Submitters to subcribe, providing they be no farther oblidged in warrandice thereof, but from their own deeds, and from the facts, and deeds of their Predeceours, to whom they are Heirs. Excepting therefrom uch facts, and deeds, as is made, and perfected by any of the Submitters, and their foreaids, in favours of the present Poeours, Tack-men, and others having right from them of the ame Teinds. Whereupon they, and every one of them hall be oblidged to condecend at the time of the exhibition of their rights, to Our aid Advocat, or to the Clerks of Our aids Commiions. And as to the rate, and quantity of Teinds, Wee ratifie, and approve the coure, and order taken by Our pecial Command, and direction for valuation of the whole Teinds of the Kingdom, o farre as hall be jutly, and lawfuly done, according to the tenour of Our Commiions, and Ordains the Commiioners, and Sub-commiioners already appointed, or to be appointed to that effect, to exped the the ame with all convenient diligence, and finds, and declares that the rate, and quantity of all Teinds of the Kingdom, is and hall be the Fifth part of the contant rent which each land payeth in flock, and Teind, where the ame are valued joyntly. And where the Teinds are valued a part, and everally, Findeth that the rate, and quantity thereof is, and hall be uch as the ame hall be valued, and eteemed to, by the aids Commiioners, or Sub-Comiioners, Deducing alwayes the Eifth part thereof; Which Wee out of our Fatherly, and Royal care, for the well of Our aid Kingdom ordaine to be deduced off the aids Teinds everaly valued as aid is, for the eae, and comfort of Our Subjects: Reerving alwayes liberty to such as hall be enormly hurt, and greived in the valuations foreaids, either conjunctly, or everaly made, to appeale to Us, or Our Parliament, to the effect Wee may take uch order therein, as may rectifie all abues, and diorders committed, or to be committed in the aids valuations. AND AS to the price of Teinds, Wee Find the price of each Hundred merks of Teinds coniding in money, to be valued, and eteemed to Nine years purchae, and where the aids Teinds conits in Victual, or other bodies of Goods; Becaue there is great difference of the quality of Victual, and of the other bodies of Teinds, both in paces, and kinds, and in worth, and goodnes, according to the divere places in the Countrey where the ame groweth, and are bred; Therefore Wee Decern, and Ordain tryal to be taken by Our Commiioners appointed, or to be appointed by Us, of the price, worth,