Page:The Laws and Acts of Parliament of Scotland.djvu/558

12 worth, and etimation of each Chalder of Victual, and of all other bodies of Goods, wherein the Teinds coniteth in Kinds, and Goodnes, as the ame commonly ruleth in each part of the Countrey: And this being tryed, and condecended upon, and the prices thereof being reduced in moneys: Wee Find thejuik, and reaonable Price thereof to be eteemed to Nine years purchae : And Wee declare this Nine years pur- chae, to be the jut price of the heretable right of Teinds, where the Seller hath the heretable right thereof; But where his rights are not heretable, but temporal, and coniteth in Leaes, and Tacks, or ome other temporal right, whereof there are many, or few years to run: Wee Declare the price in this cae to be ruled proportionally, according to the number of the years to run and quality of the rights. And becaue many Here- tours of Lands, hath Tacks long, or hort of their own Teinds, or ome other right thereof tanding in their Peron, in the which cae it is not reaonable, that the Heretours hould pay the full price to the Perons having right to their Teinds. Therefore Wee referre this point alo to our Commiioners appointed, or to be appointed, to determine, and et down the proportion of the price, according to the years of the Tacks to run, and quality of rights tanding in the Perons of the aids Heretours, and according to the quality of the Rights tanding in the Perons of thoe who hath Title to the aids Teinds, after the out-runing of the Here- tours Tacks, and rights of the ame. It is alwayes declared, that the aids Heretours who all buy their own Teinds hall be oblidged to pay for no more of the ame, but uch as hall ret byand attour the Miniters Stipends, and other pious ues, which by the tenour of the General Commiion are ordained to be firt pro- vided, And als that thoe who hall not buy their Own Teinds, and are to be ubject in payment of the rate of their Teind above-pecified, hall be no farther oblidged in payment thereof to the aids Titulars, but with deduction of uch part & portion thereof, as is, or hall be provided to the maintenance of the aids Miniters, and other pious ues foreaids, expret in the aid general Commiion, Which Wee Will, and Ordain to be deduced, according to the tenour of the aid Commiion, and Acts thereof made, ot to be made therein, Or in any other Commiion to be appointed hereafter by Us, in favours of the Miniters, and other pious ues therein mentioned. And Declares the aids Titulars to be free, and liberat of the Miniters Stipends pro rata. And decerns the aids Heretours to free, and relieve the aids Titulars at the hands of the Mini- ters, and others having right of that part of the aids Teinds, which hall be aigned, and appointed to be payed to the aids Miniters, and to the other pious ues foreaids: And als to relieve the aids Titulars at Our hands anent the payment of Our Annuity; And to make yearly payment of the foreaids burdens, for reliefs of the aids Titulars Pro rata. AND SICLYKE Wee Decern, where Wee, or any other have right to Teinds, after inpection of their Evidents, and due conideration of their Rights by Our elfe, or by uch Commiioners, as Wee hall appoint, That accordingly in regard of the rights that Wee, or they hall be found to have, and for making up of a perfect right to the Heretours, uch a part, or price, or pay- able Rent dhall be ordained to be payed, and applyed to Our, or their ue. AND Becaue Wee have a pe- cial, and particular interet in the Teinds of Erected Benefices, and that Reaon, Concience, and Jutice craveth, that a part of the price thereof, or where price is not payed, a part of the yearly dewty hould be applyed to Our ue. And becaue all Erections are not of one nature, and kind, but ome of them deerv- eth more conideration, and repect nor others, according to the true caues, merits, and ervices, for which the ame were granted. THEREFORE Wee remit the try al hereof to Our aids Commiioners, to determine what proportion of price, or rent hall be defeaed, and allowed to Us of the aids Teinds of Erections, according to the validity, and merit of each Perons rights after the production of the ame to Our Advocat. AND becaue, by ane expres claue in the aids Submiions, It is pecialy Declared by Us, That Wee would take to Our Princely conideration, the lawfull Tacks, and Rights of Teinds of erected Benefices, and of all Laick-Patronages, made, and et to the preent Poeours, or their Authors, by lawful Abbots, Laick-Patrons, and others Titulars of Benefices, lawfully et before the dates of the aids Erections: And for the paces, and years of the aid Tacks, Rights, and Patronages as yet to run; To the effect that they might have full, and plenary atifaction for the aids Tacks, Rights, and Patronages accor- ding as Wee hould find the validity thereof, as is uual in the like caes, with the burden alwayes of Our An- nuity mentioned in the aids General Securities, and Submiions. And to the effect, Wee might be in- formed of their aids Tacks, and Rights, before the giving forth of Our determination in the premiies. IT WAS, and is ORDAINED, and Provided, that uch of the aids Lords of Erections, and other Per- ons foreaids, as have uch Tacks, or Rights made, and et unto them, their Predeceours, and Authours, before the aids Erections, ould exhibit, and produce the ame to Our Advocat, at uch diets, and times, as hould be appointed by Us, or Our Chancellour, at Our command, and direction, before the giving forth of Our determinations in the premidie: LYKEAS also it is pecialy provided, That the aids gene- ral Submiions, should no wayes be prejudicial to whatoever action of Warrandice competent to the aids perons Submitters, or any of them, againt their Authours from whom they bought, or acquired their Rights of the aids Teinds (which falleth within the Compas of the aids Submiions) for ums of money; But that either the aids actions of Warrandice hall be reerved unto them, conform to the tenour of their Rights made to them thereupon: Or otherwie, That the atifaction to be decerned in their favours hall be anwerable to their warrandice, and no wayes inferiour thereto; The aid Perons, and ua many of them who have their actions of warrandice reerved to them in manner foreaid, Exhibiting, and producing their aids rights, bearing