Page:The Laws and Acts of Parliament of Scotland.djvu/668

 9 8 The Third SeJJlon of the fir jt Parliament of hundred and thirty three, (entituled, Commiffion for valuation of Teinds, ) in the whole heads, claufes and conditions thereof, except in fo far as there hath been any alterations made therein, by Acts and Commiffions made and granted by His Majefty fince the date of the faid Aft, or granted by any pretended Parliaments fince, and which are Ratified, Salved or Referved by this prefent Parliament ; and which alterations are not deftruftive of, and contrary to, this prefent Aft , or any claufe thereof. And ficklike, Ratifies and Approves the fixtyone Aft of the firft Seffion of this prefent Parliament, entituled, Commiffion for plantation of Kirks, &c. in the whole Heads, Articles and Claufes thereof, except info far as the fame may be contrary to this prefent Aft, as faid is. And His Majefty, with advice and confent forefaid, gives full power and commiffion to James Archbifhop of St. Andrews;William Earl of Glencairn, Chancellor; John Earl of Rothes, Thefaurer; Alexander Archbifhop of Glafgow; William Earl Marfhal, Privy -Seal; Duke of Hamilton n; CMarquefs of Montrofe ; Earl of Lauderdail, Secretary; Earlof Eglin- ton Earl of Linlithgow Earl of Kelly ; Earl of Haddington ; Earl o{Annandail Earl of Leiven ; Earlof Tweddail ; George Bifhop of Edinburgh ; James Bifhop of Galloway ; George Bifhop of Dunkel; Bifhop of Aberdeen; John Bifhop of Rosfs ; Robert Bifhop ofDumblane; Bifhop of Orkn ay; William Lord Bellenden, ' hefaurer-depute; Sir John Gilmore, Prefident of the Seffion ; Sir Archibald 2V/wm^,ClerkeRegifter; His Majefties Advocat; Sir J^? Home of Renton, Juftice Clerk ; Sir James Lockhart of Lee; Skjohn Scougal of whitekirk; Charles Maitland of Halton; Sir Thomas Hamiltcun of Prefton; Six John Wanchop of Nidrie ; Sir Robert Fletcher of Sakon ; Sir Henry Wardlaw of Pitrevy ; William Scot of Ardrofs; Sir Andrew Ramfay, Provoft of Edinburgh; Sir Robert Murray there; Sit Archibald Sydferf; Sir Alexander Wedderbum ; Sir William Thomfbn ; John Miln ; Robert Lentron, Provoft of St. Andrews; Mr. JohnVaterfon, Provoft of Perth; William Seatoun, Provoft of Hadding- toun; or any fifteen of them ; whereof three of the Clergy, three of the Nobility, three Officers of State, three Commiffioners of Shires, and three of Burghs;of which number, the Archbilhop of St. ^Andrews, or the Chancellor, or the Thefaurer , or the Archbilhop of Glafgow , or the Privy-Seal, or the ^Secretary, or the Duke of Hamiltoun, ottheEatloi Haddingtoun, or any of them, being alwayes one, to meet and conveen at Edinburgh, the day of one thoufand, fix hundred and fixty years; and at fuch other place or places, times and diets as they fhall appoint, to value, and caufe be valued, whatsoever Teinds, great or fmall, Parfonage or Vicarage, of whatsoever Lands within this Kingdom, ly- able to the payment of Teinds, which are yet un-valued; Excepting alwayes the Teithes of the Archbifhops, Bifhops and other beneficed perfons, whereof they were inrealandaftualpofleffion, by leading and collect- ing the fame, in the year, one thoufand, fix hundred and twenty eight ; And with provifion, that they be not prejudged of the Fruits and Rents of their feveral Benefices, as the fame was pofleft by them, anno, one thoufand, fix hundred and thirty feven, conform to the Submiffion made by the Bifhops to His Majefty in the faid year.and Decreet arbitral following thereupon: With power to the faids Commiffioners, or quorum forefaid, to appoint Sub-commiffioners, conform to the former Afts andCommiffions for valuation of Teinds, and receive reports from them. And with power to them, where Minifters are not already fufficiently pro- vided, or have not Localities affigned to them for their Stipends, out of the Teinds within the Paroch where they ferve the Cure, to modifie, fettle and appoint conftant local Stipends to ilk Minifter, out of the Teinds of the Paroch where they ferve the Cure, in fofar as the fame will amount to, according to the quantities of victual or money mentioned in the faids Acts and Commiffiones, and to decide and proportion the faids Localities. And with power too dif-joyn to large and fpacious Paroches,to caufe erect and build newChurch- es, to difmember and annex Kirks, as they fhall think juft ; and to take order, that every Heretor and Life- renter fhall have the leading and buying of their own Teinds, if they be willing, according to the rates pre- fcribed by former Commiffions; Particularly, by the Commiffion granted by His Majefty, 'With confent of the Eitates of parliament, in anno, one thoufand, fix hundred and thirty three; with power to them to determine all queftions concerning the prices of Teinds, betwixt Titulars and others having right thereto, and the Heretors; and to appoint fuch fecurities, in favours of the Titulars and others having right to the Teind, for the prices to be granted by Heretors, payers of the valued duties, or buyers of the faid Teinds, and in favours of the Minifters , as to their maintenance , as the faids Commiffioners fhall think fitting, according to the rule fet down in the faids former Acts, namely in the faid Act, anno, one thoufand , fix hundred and thirty three. Declaring, That where the Vica- rage of any Paroch is a feveral Benefiee and Title from the Parfonage, the fame fhall be feverally valued; to the effect, the Titulars or Minifters ferving the Cure, having right to the faid Vicarage, benotfruftratof the true worth thereof; And that Titulars, and others having right to Teinds, fhall not be forced to difpone any Teinds, valued or to be valued , which fhall be affigned, difponed and allocat to the Minifter ferving the Cure of the Paroch. As alfo, with power to the faids Commiffioners or quorum forefaid, to rectifie whatfoever Valuations, led or to be led to the enorm prejudice of the Titulars, and to the hurt and detriment of the Kirjjl and prejudice of the Minifters maintenance and provifions, or of His Majefties Annuity. Provided alwayea likeas it is hereby exprefly provided, that where Valuations are lawfully led, againft all parties having in- tereft, and allowed by former Commiffiones, the fame fhall- not be drawn in queftion, ncr rectified upon the pretence of enorm lefion, at the inftance of the Minifter ( not being Titular) or-at the in- ftance of His Majefties Advocat, in refpect of His Majefties Annuity, except it be proven thatcoliufion