Page:The Laws and Acts of Parliament of Scotland.djvu/669

 King CHARLES/& II. 99 was ufed betwixt the Titulars and Hererors, or betwixt the Pro&or-fifcal and Heretors and Titu- lars ; which collufion is declared to be, where the Valuations are led with the diminution of the third of the juft Rent, which diminution mall be proven by the parties Oaths. And albeit all the Acls of the pretended Parliaments, in the years , one thoufand , fix hundred , and fourty , one thoufand , fix hundred, and fourty one and thereafter , are declared , by an Act of this Parliament , null and of no avail in all time coming : Yet, it is hereby Declared , That all and whatfoever' Valuations, A&s, Sentences and Decreets , done and paft by any Commiffions granted by the faids pretended Parliaments, with all executions ufed or to be ufed thereupon, are and fhall be as valide in all time 'coming, as if the faids Valuations, A&s, Sentences and Decreets, had been given and pronounced by perfons legally impowered to that effecT:, any thing in the forefaid refciflbry Aft to the contrary notwithstanding ; Excepting fuch Decreets of Valuation, modification of Stipends, or augmentati- ons thereof, paft and granted fince the year, one thoufand, fix hundred, and thirty feven , "whereby the faids Archbifhops or Bifhops are prejudged of any part of their Rents , whereof they were in pol- feffion in the faid year thirty feven. And although , by a fpecial Acl: of this prefent Parliament, the pretended Parliament , holden in anno , one thoufand , fix hundred , and fourty nine , and in the be- ginning of the year, one thoufand, fix hundred and fifty, is, from the beginning , Declared void and null , and all that had followed thereupon ; Yet neverthelefs , His Majefty doth , with advice forefaid, authorize all Valuations, Acls, Decreets and Sentences , led , deduced and pronounced by the Commiffions , one or moe , appointed by the faid pretended Parliament , for plantation of Kirks and Valuation of Teinds , and all execution competent thereupon ; Excepting fuch Decreets and Sentences , given in favours of Minifters for their Stipends , or for dividing , uniting , annexing or building of Kirks, which fhall be found to have been unjuftly or exorbitantly decerned : The deter- mination whereof is hereby referred by His Majefty, with confent forefaid, to the faids Commiffio- ners, that they , after hearing of parties and confederation of particulars , may take fuch courfe , for altering, annulling, or allowing of the faids Acts, Decreets and Sentences, as they fhall think fit- ting, conform to the Laws, pra&ick and Cuftom obferved preceeding the year, one thoufand, fix hun- dred, and fourty nine ; And ordains Procefies, upon fupplications, to be fummarily granted * parties alwayes being cited, and that without any reduction. And it fhall be lawful to^bg ^ c tl Qp"g^^- . oners, or quorum forefaid, to proceed in g^MfJp &£&*$&£ *And whereas it may fall nnphin fh/=> 1r>1<~<=> fi- fWn Veil's 3 ' r '" >->. . . i 1- I 111 ^^f^^^^StJ^nrisfioncts, may be un-able to attend the fervice, through death, ? U t' M rtSte known [impediment ; Therefore, His Majefty Declares ; that He fhall be careful fi ^lAri7oSSSpetfonsiuaUfied, whofe oaths for faithful difcharge of the fame mall b°e taken 7y^ tl Lord Chancellor, 1 in his abfence, by thePrefident of the faid Common for the time • And Ordains this prefent Commtefion to endure ay and wide the fame be difcuarged tne time, ahu w r DeCreets anc j Sentences thereof, to have the force , ftrength and b t Hl %^ aj g2 r U?l^entence of Parliament, and the Lords of Sesfion to grant and direct ettect 01 a Poinding: and others requifit, in maner contained in the forefaids Commisfi- onf f °And conSne that it was the will and pleafure of His Majefries Royal Father mat ail Heretots whol3d be willing to buy, mould "have their own Teinds , at reafonable rates , K2S^WSK& with advice forefaid , Statutes and Ordains , That all Heretors whofe ld„^£^ inthisCommiffion) fhall have liberty to Sdred I and th toy three. With power to the faids Commisfioners , to augment the faids rates ac- ■5£io AcSnrfaug«nenJrion, and others fuftained by the Titulars ft nee the fads Acts; a i g Sr Hererors to have the liberty of buying, as faid is , within the fpace of three years af- KvSriteDli alwaye! ; That in cafe the impediment , during the time r Fa flTL the Titular by reafon of his minority or other in-abihty, in that cafe, the Here- ortho rffe faSw JET to buy" his own Teind , within the fpace forefaid , mail have p ace, fo tor Who otters nmrat re* y y notwithftanding of the expiring of the years foon as *e impediment is removed t y be and ^ ^^ ^ and (pace above-expreft And .* :u g"™?^ the Minor m[ have action for tw0 yea rs after fta rf ?SS S? SSta °gf&his faids Teinds ; And His Majefty, withconfen, SSTSiS ^charges all formet Commiffions, Declaring the fame to be expired. N* ACT