Page:The Laws and Acts of Parliament of Scotland.djvu/727

 King C H A R L E S the I I. 153 or one of the Commiffioners of the Thefaurary, or the Arch-Bifhop oSGlafgow, or the Lord Privy Seal, or the Lord Secretary, or the Duke of Hamilton, ortheEaloiTweedale, being alwayes one , To m.et and conveen at Edinburgh , jhe day of Years; And at fuch other place or places, times or diets as 1 hey fhall appoint, To Value, and caufe be valued, whatsoever Teinds great orlmall, Parfonage or Vicarage, within this Kingdom, which are yet unvalued : Declaring, that where the Vicarage of any Pariih is a feveral Benefice and Title from the'Parfonage, the fame fhallbefeverally valued, to the effect the Titulars, or Minifters ferving the Cure, having right to the faid Vicarage, be not frustrated of the true worth thereof. With power to the faids Commiiiioners, or Quorum forefaid , to ap- point Committees, or Sub-committees ot their own number , and to grant Sub-commiffions , and ro receive reports from them, and to approve or difapprove the fame, as they fhall findjuft; and to rectifie what- foever Valuations led or to be led, to the enorm prejudice of the Titulars, or the hurt and detriment: of [he Kirk , and prejudice of the Minifters maintenance and provifions. Provided alwayes, Likeas it is hereby exprefly provided , that, where Valuations are lawfully led againft all parties having inttereft , and allowed by former CommifTions; Thefame fhall not be drawn in queftion, nor rectified, upon pretence of enorm lefion, at the instance of the Minifter (not being Titular) orat.theinftanceof H,s Majefties Ad- vocat, inrefpecftof His Majefties Annuity; Except it can be proven, thatcollufion was ufed betwixt the Titulars and Heretors, or betwixt the Procurator L.fcal and Heritors and Titulars : Which collufion is de- clared to be, when the Valuations are led with the diminution of the third part ofthejuft Rent: which dimi- nution fhall be proven by the parties oath : And with power to rhe faids Commiffioners, or Gfuorum fore- aid, where Minifters are not already fufficiently provided, or have not Localities adigned to them for their Stipends, out oftheTeinds within the Parifh where they ferve the Cure, info far as the famin will amount to, according to the quantities, proportions and rules contained in the nineteenth Aft of the Parliament in .^#0,1.633. lomodifie, ferle and appoint conftantlocall Stipends to ilk Minifter, out of the Teinds ot the Pariih where they ferve the Cure. With power alfo, to grant recompence, by piorogation of Tacks
 * o parties, for the augmentation of Stipends , which lhall be impoied fuitable to the faid augmentation , - as

lie faids Commiffioners fhall thinkjuft. And ficklike, with power to disjoin too large andfpacious Pa- rifhes, to caufe erect and build new Churches, todifmember and annex Kirks, as they fhall think conve- nient. Andtotake order, that every Heritor and Lite-renter lhall have the leading and buying of their own Teinds, if they be wilhng , according to the rules prefenbed by the nineteenth Ac"t and Commisfion granted >y His Majefty, withconfentof the hftates of Parliament in Anno, 1633. and the Atts of Parliament herein mentioned. With power to determine all Queftions concerning the prices of Teinds betwixt Titu- ars and others having right thereto , and the Heritors : and to appoint fuch fecurities , in favours of the Ti- tulars and others having right to the Teinds , for the prices to be granted to the Heritors or others lyable in payment of the valued Duties , or Buyers of the faids Teinds; and in favours of the Minifters, as to their maintenance , as the faids Commisfioners fhall think fitting , according to the Rules fct down in the faid Act mt^Anno, 1633. And the Heri'.ors to have liberty to buy the Teindsof their Lands which'are notva- Lued , ' within the fpace of three years after the date of this Act : With this Declaration alwayes , that, in cafe the impediment, during the time forefaid, flow from the Titular, byreafon of his minority or other inabi- lity; in that cafe the Heritor, who offered to buy his own leind within the fpace forefaid, fhall have place, lo foon as the impediment is removed, to bu) his Teinds , notwithstanding of the expyring of the years and fpace above-expre ft. And it is Declared, that, lfthe Heritor be Minor, and his i utors neglect the buying 01 his i cinds within the forefaid fpace; The Minor fhall have action for two years after his minority v to compel the ) itular to fell his faids Teinds : And generally with power to the faids Co.mniiiionersto decide and determine in all other points which may concern the leading and drawing the Teinds, the fell; ng or buying ot thefame, or payment of the rates thereof, contained in the former Acts of Parliament, or fet down in the general determination given out by His Majefties Royal Father , of blelled Memory. Andifanyperfonor perfons fhall find themfelves grieved, and complain of the injuftice or exorbitancy of any Decreets and Sentences given in any ot the Commisfions during the late I roubles; with power to the faids Commisfioners to take the fame to their confideration, and to alter , annul or allow the faids Decreets and Sentences, as they fhall findjuft. And it is alwayes Provided and Declared, that Arch-Bifhops and Bifhops, and other Beneficed Perfons, being Minifters, and their Succehors, fhall not be prejudged of the Rents whereof their PredecelTors were in Actual and Reall poilesfion; and which, by the Laws of the Kingdom, were due to them in Anno , 1 63 7. And that they fhall be no farther bound, but according to the provifions and conditions expreft in the Submisfions made by the Bifhops to His Majefties Royal Father, of blefled Memory; which is of the date the day of 1628. Years, and Regi- ftrate in the Books of Commisfion for Surrenders and Teinds, upon the 15-. day oi July, ifjjt. And whereas it may fall out, that fome of the faids Commisfioners may be unable to attend the Service , through death, ficknefs or other known impediment : Therefore His Majefty Declares , that He fhall be careful to fill their places with other Perfons qualified, whole Oaths, for faithful difcharge of the fame, fhall be taken by the Chancellor , or, in his abfence , by the Prefident of the Commisfion for the time; And Or- dains this prefent Commisfion to endure ay and while the fame be difcharged by His Majefty, and the Acts, Decreets and Sentences thereof to have the force, ftrength and effect of a Decreet and Sentence of Par- V •> liament;