Page:The Laws and Acts of Parliament of Scotland.djvu/561

( 12 ) fected by any of the Submitters, and their foreaids, in favours of the preent Poeours, Tack-men, and Others having right from them of the ame Teinds. And as to the rate, and quantity of Teinds, Wee ratify, and approve the coure, and order taken by Our pecial command, and direction, for valuation of the whole Teinds of the Kingdom, ua ar as hall be jutly, and lawfully done according to the tenour of the Com- miions: And Ordains the Commiioners, and Sub-Commiioners already appointed, or to be appointed for that effert, to exped the ame with all convenient diligence, And Finds, and Declares, that the rate, and quantity of all the Teinds of the Kingdom, is, and hall be the Fifth part of the contant rent which each Lands payeth in tock, 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, be the aids Commiioners, or Sub-Commiioners, deducing alwayes the Fifth part thereof, which Wee out of Our Royal, and Fatherly care for the well of Our aid Kingdom, Ordain to be deduced off the aids Teinds everally valued as aid is, for the eae, and comfort of Our Subjerts. Reerving alwayes the liberty to uch as hall be enormly hurt, and greived, in the valutaions foreaids, either conjunctly, or everally, to appeale to Us, or to Our Parliament; To the effect Wee may take uch order therein, as may rectify 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 Hundrea merks of Teinds coniting in money, to be valued and etimat to Nine years purchae. And where the aids Teinds conifts in Victual, or other bodies of Goods; Becaue there is great difference of the qua- lity of Victual, and of other bodies of Teinds, both in pecies, and kinds, and in worth, and goodnes, accordinng to the divere places in the Countrey where the ame growes, 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, and etimation of each Chalder of Victual, and of all other bodies of Goods, wherein the Teinds conifteth 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 redacted to money, Wee find the jut, and reaonable price thereof, to be etimat 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 there- of; But where his right is not heretabel, but temporal, and conits 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 number of the years in the Tacks to run, and quality of the Rights. And becaue many Heretours of Lands hath Tacks long, or hort of their own Teinds, or ome other right thereof Handing 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, to to be appointed, to determine, and et down the proportion of the price of Teinds, according to the years of the Tacks to run, and quality of the Rights tanding in the perons of the aids Heretours, and according to the quality of the rights tanding in the perons of thee who had Title to the aids Teinds, after the out-runing of the Heretours Tacks, and Rights of the ame. It is alwayes declared, that the aids Heretours who hall buy their own Teinds, hall be oblidged to pay for no more of the ame, but uch as hall ret by and attour the Miniters Stipend, and other Pious ues, which by the tenour of the general Commiion, are ordained to be firt provided. And als that thoe who hall not buy their own Teinds, and are to be ubject in payment of the rate of their Teinds above pecified , hall be no farther oblidged in payment thereof to the aids Titulars, but with deduction of uch part, and portion thereof, as is reting by and attour the aids Miniters Stipends, and pious ues foreaids. And fic-like Wee Decern, where Wee, or any of the aids Titulars have right to the Teinds of Other mens Lands, after inpection of their rights, and due conideration thereof by Our Commiioners appointed, or to be appointed for that effect; That accordingly in regard of the rights that Wee, or they hiall be found to have, uch a part of the price, and payable rent, hall be ordained to be payed, and applyed to Our, or Their ues. And Wee Find, and Declare, That this general coure, and order, that every Heretour hall bruick, and poes his own Teinds, hall have begining in this intant Cropt, and year of God 1629. years: The aids Heretours being alwayes ready to fullfil, and perform their part of this Our determination. And to the effect that the aids Titulars may receive full, and compleat atisfaction of the price of the aids Teinds , ua far as is due to them by this Our determination, from the aids Hererours who hall buy their own Teinds as aid is: Or where they hall not buy, that the aids Titulars may be ecured, in the yearly rate, and quan tity of the aids Teinds, to be payed to them of the aid Cropt 1629, and yearly thereafter, Wee referre the conideration of the terms of payment of the aid payable rent of the aid Cropt 1629. years, and yearly there- after, together with the manner, and form of the ecurity to be given thereanent by the aids Heretours, to the aids Titulars, unto Our aids Commiioners, appointed, or to be appointed, To whom Wee give full power to et down uch ample ecurities as may tand by Law, both for Our ecurity, and for the ecurity of the aids Titulars in the premiies: Which form of ecurity to be ordained by them, Wee decern the aids Heretours to oberve, and fulfil in all points, after the form, and tenour thereof. And Wee Decern the aids whole Perons Submitters, their Heirs, and Succeours, to obtemper, fulfil, and obey, this Our determination, in the whole Heads, and Articles thereof, they receiving lawful, and perfect ecurities, conform