Page:The Laws and Acts of Parliament of Scotland.djvu/779

Rh tion, as ſhall conveen with them to this effect; and in case that none ſhall conveen with them, the ſaid Roll being then ſet down by the Prelat, Lord of Erection, Patron or other beneficed Perſon, or their lawful Procurators, or in case of their abſences, being ſet down, made and ſubſcribed by the most part of the said Vaſſals, Fewers, Tackſ-men and Penſioners, by themſelves or their Procurators, as shall conveen themſelves for this effect; His Majesty and the ſaids Eſtates Declares to be as lawfull in all reſpects, as if the whole number of perſons having intereſt therein had conveened, made, ſet down and ſubſcribed the ſame; which Taxt-roll being ſo ſet down, made and ſubſcribed in manner above-written (and no otherwayes) and delivered to the Clerk of the Taxation; His Majeſty and the ſaid Estates, Ordains him to give warrand for givinig of Letters of relief thereupon; diſcharging him, in any case, to give warrand for giving of Letters of relief upon any Roll preſented to him, not made and authentickly ſubſcribed in form above-written, as he will anſwer to the contrary upon his perill.

It is likewiſe Statute and Ordained, That Tackſ-men of Teinds ſhall have their relief of their Sub-tackſ-men, pro tanto; reſpect being had to the greſſum payed by the ſaid Sub-tackſ-men. And in regard chat divers Kirks have been of new erected, and ſeveral augmentations of Ministers Stipends granted ſince the year, one thouſand, ſix hundred, twenty ſeven years, to the diminution of the Spirituality: It is therefore Statute and Ordained, That where Kirks have been of new erected, or any augmentations of Miniſters Stipends granted since the time foreſaid, out of the Teinds belonging to Archbiſhops, Biſhops, or other beneficed Perſons, or to any Nobleman or other, in whoſe favours the Erection of any Prelacy, or other inferiour Benefice, in whole or in part, has been made and paſt, the Collector of the Taxation ſhall allow and deduce to the ſaids Archbiſhops, Biſhops, or any other beneficed Perſons, or Nobleman and other Perſons, out of whoſe Teinds the Stipends of the new erected Kirks, and the foreſaids augmentations have been granted, and who have gotten no prorogation in recompence thereof, such a proportion of the ſaid Taxation as ſhall be effeir and to the proportion of the ſaid Stipend or Augmentation granted out of their Teinds: Which Stipend & Augmentation, what the ſame amounts to, ſhall be atteſted by the Biſhop of the Dioceſs; Providing, that the whole Teinds of the ſaids Benefices be ſtinted proportionally, as they were for the Taxation granted in the year, one thouſand, ſix hundred, thirty three years, with a fourth part more.

And for in-bringing of the Barrons and Free-holders part of the ſame Taxation, and of the Fewers & Rent-tellers of our Soveraign Lords proper Lands, their part thereof; Ordains Letters to be directed as formerly; charging all and ſundry Sheriffs, Stewarts, Baiilies, their Deputies, Clerks, Fewers, Chamberlains, and Receivers of our Soveraign Lords proper Lands; That they, and every one of them, within the Bound's of of their proper Offices, raiſe and uplift the ſum of fourty ſhillings money of this Realm, of every Pound-land of old extent, lying within the bounds of their Juriſdictions, for every one of the ſaids five terms above-ſpecified, and in-bring and deliver the ſame to the Collector foreſaid, or to his Deputies and Officers in his name, having his power to receive the ſame, at the particular terms above ſpecified, under the pain of Rebellion, &c. And if they failie, at the by-paſſing of every one of the ſaid terms, to denounce eſchcat, &c. And Declares, That no Priviledge or Immunity ſhall be of any force to stop the execution of the Law againſt them upon the premiſſes; And for their relief, that Letters be directed as ſaid is, charging all and sundry Dukes, Marquesses, Earls, Viscounts, Lords, Barrons, Free-holders, Fewers, and Rent-tellers of Our Soveraign Lords proper Lands, personally, or at their dwelling places, and by open Proclamation at the Mercat-croſs of the head Burgh of the Sheriffdom, Stewattrie or Bailiery where their Lands lye, if they be within the Kingdom: And if they be without the Kingdom, by open Proclamation at the Mercat croſs of Edinburgh, Peir and Shore of Leith, upon threeſcore day as warning, to make payment to the ſaid Sheriffs, Stewarts, Baiilies, their Deputies and Clerks, Chamberlains and Receivers of our Soveraign Lords proper Lands, every one of them for their own parts reſpective, of the ſaid ſum of fourty ſhillings money foreſaid, for every Pound-land of old extent pertaining to them, for every one of the ſaid five terms payment, within twenty dayes next after they be charged theto, under the pain of Rebrellion &c. And if they failie, &c. to denounce and eſcheat, &c.. And if need be, That the ſaids Sheriffs, Stewarts, Baiilies, Deputies and Clerks, Chamberlains and Receivers of our Soveraign Lords proper Lands, poynd and ditrenie the readieſt Goods and Gear, being upon the ſaids Lands, therefore, as they ſhall think most expedient. And that the ſaids Noblemen, Barrons and Free-holders, Fewers and Rent-tellers of our Soveraign Lords proper Lands, have Letters for their relief, as ſaid is, to charge their Vaſſals, Sub-vaſſals, Ladies of Terce, Conjunct-fiars, Proper-wodſetters and Life-renters, to make payment of their parts of the ſaid Taxation, within twenty dayes next after the charge, under the pain of Rebellion, &c. and if they failie, &c. to denounce, &c. and eſcheat, &c. And if need be, that they poynd and diſtreinie therefore: Providing alwayes, that the firſt terms payment of the ſaid Taxation be ever paſt before the next term be charged for.

And alſo Declares, That where any Goods are poynded within any of the Iſles of this Kingdom, for payment of any part of this Taxation, the appriſing of the ſaids Goods, at the Paroch Kirk of the Lands where they were poynded, ſhall be as valid and ſufficient, as if they were appriſed at the head Burgh of the Shire. And in caſe any perſon, lyable in payment of the Taxation, within the Shires of Innerneſs, Roſs, Argyl, Caithneſs, Sutherland, Orknay and Zetland, ſhall not make payment of the reſpective ſums due by them, within twenty dayes after they are denounced then to be further lyable in payment of the double of the ſums due and all execution to paſs againſt them therefore: And recommends to the Lords of His Majeſties ‡ ‡