£ <5 THE FIRST PARLIAMENT comfort of his faid Kingdome and fubjech thereof : viz. His Majeftie and Eftates forefaid have ratified the Acl of Commiffion of furrenders and temds,of the date at Holy-mde-houfe the twentie fixth day of June, 1617. yeares, whereby it is found meete and expedient , that the loweft proportion for maintenance of Minifters mall be' eight chalder of victual , or eight hundreth markes proportionally , except fuch particular Kirkes oc- curre, wherein there fhall be a juft , reafonable, and expedient caufe to go beneath the forefaid quanti- se ; ' And hath referred the confideration of the reafons and caufes thereof to the Commiffioners to be cho- fen'by his Majeftie , with confent of the Eftates in manner contained in the faid Act. Like-as alfo his Majeftie and Eftates by another Act and Ordinance , hath ftatute , ordained, and declared that each Heri- tor and Life- renter of Lands reftettive , fhall have the leading and drawing of their ovvneteinds, the fame being firfttruely and lawfully valued, and they paying therefore the price after-fpecified , in-cafe they be willing to buy the fame, or otherwise, for the yearly payment of therateofTeinds after-fpecified. Like- as his Majeftie and Eftates have by the faid Acl, found and declared , that the true and juft rate of Teind is, and fhall be the. fifth part of the conftant rent , which ilk land payes in Stock and Teind where the fame are valued joyntly. And where the Teinds are valued apart and feverally , that the juft rate thereof is and fhall be fuch , as the fame is alreadie by vertue of the former general Commiffion of Surrenders and Teinds proved and valued to , Or elfe fhall be hereafter valued and proved before the Commiffioners to be appoint- ed by his Majeftie with confent of the Eftates, deducing the fifth part thereof for the eafe of the Heritors: Referving alwaies libertie to fuch as fhall finde themfelves enormely hurt by the leading of the faids valuati- ons , to purfue for rectifying of the fame before the faids Commiffioners to be appointed by his Majeftie and Eftates forefaid ; like-as his Majeftie and Eftates have by the faid Acl found and declared , that the price of all Teinds which may be fold and annalied , confifting either in money, victual, or other bodies of goods, is, and fhall be ruled and eftimate according to nine yeares purchafe. The prices of victual and other bo- dies of goods , whereof the Teinds confift being redacted in money according to the worth and prices of vic- tual and goods inilkpartoftheCountrie, To the which the fame is and fliali be prized and eftimate by the faid former Commiffions of Surrenders and Teinds, or by the Commiffioners to be appointed by his Majeftie, With confent of the Eftates : And alfo have found and declared , that ilk Heritor in the Kingdome being Willing to buy his own Teind from the Titulars , having power to fell the fame , fhall be obliged to buy the Teynd of his own Lands , except fo much as fhall be locally afligned to the Minifter fcrving the Cure for his maintenance : And to pay the prices forefaid to the Titulars betwixt and the particular times and diets ex- preft in the faid Acl:. And alfo have found that the Heritors fhall bee obliged to give to the Life-renter of the lands , the leading of their own teinds for payment of the rate of Teind of the fame. And alfo have found , that in all cafes where Teinds are notcoft, that the Heritors or Life-renters of lands who have the leading of their own Teinds by themfelves , their tennants , and others in their names , fhall be obliged to pay to the Titulars of the faids Teinds the yearly rate thereof , according to the order fet down and prefcribed by the former Commiffions , or to be fet down by the Commiffioners to be appointed by his Majeftie, with confent of die Eftates , deducing fo much thereof as fhall be affigned to the Minifters for their mainte- nance. AND Becaufefundriequeftions may arifeanent the valuations of Teinds and prices thereof, and anertt thefecurities to be made by the Titulars to the Heritors who buy their Teinds ; and by the Heritors to the Ti- tulars of the price to be payed for the fame, when the Teinds are coft, or for payment of the rate of Teind where the fame is notcoft ; And anent the provifions of the Kirkes, with competent maintenance , and other particulars mentioned in the faid Acl. THEREFORE His Majeftie and Eftates , by the faid Acl did referre the determination thereof to the Commiffioners to be appointed by his Majeftie and Eftates , With thefe declarations alwaies, that his Majeftie fhall have his annuitie payed forth of the Teinds accord- ing to the tenour of the faid Acl of annuitie ; And that the Archbifhops , Bifhops, Parfons, Vicars, and other beneficed perfons being Minifters , and their Succeflbrs , fliould be no farther obliged in any of the premifies , But according to the provifions and conditions expreft in the fubmiffion made by the Bifhops to his Majeftie, which is of die date the day of i6i8.years. And regiftrate in the faids Books of Surrenders and Teinds , upon the thirteenth of July , 1 6 3 1 . yeares . And that the Vicarages Of ilk Kirk being a feveral Benefice and Title, fliould be feverally valued, to the effecl the Titulars and Minifters ferving the Cure , who have right to the faids Vicarages, fliould not bee fruftrate of the true worth of the faids Vicarages. And ficklike , His Majeftie and Eftates by another Acl have found and declared , that his Majeftie and his Succeflbrs have and fhall have undoubted right to the fuperiorities ofwharfoevec ereclions, Few-mails, Few-fermes, and other cafualities thereof, Referving to fuch Lords and Titulars of ereclion who fubfcribed the general Surrender , the Few-mails , and Few-fermes of their faids Superiori- ties, ay and while they receave payment and fatisfaclionoftliefumme of one thoufand markes ufual mo- ney of Scotland , for ilk Chalder of Few-fermeviclual; and for ilk hundred markes of Few-mails, and for ilk hundred markes of all odier conftant rent of the faids Superiorities , not confifting in viclual or money ; and not being naked fervice of vaffals, according to the tenour of his Majefties general determination; and conforme to the conditions therein contained , as in the faids three Acls of rhis prefent Parliament at more length is expreft. AND
Page:The Laws and Acts of Parliament of Scotland.djvu/530
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