Erections and for the Teinds, Parſonage, and Viccarage, pertaining to the ſaids Erections and anent the rate, and price of the ſaids Teinds; THE SAIDS COMMISSIONERS be their Act of the date the 29. day of June, laſt by-paſt, Found, that all Superiorities of Erections, ſhould be freely reſigned, and ſurrendered, in his Majeſties hands, without any compoſition. And becauſe the ſaids Commiſſioners could not uniformly agree anent the compoſition to be payed for the Few-ferms, Few-mails, and other conſtant Rent of the faids Superiorities, nor yet anent the true eftimation, in the rate, quantity, and prices of the ſame, Therefore, be another Act of the date the 29. day of May laſt by-paſt, It was condeſended that the determination thereof ſhould be refered to his Sacred Majeſty. AND all the ſaids perſons acknowledging in all humility, his Majeſties Royal and Princely care, providence, and wiſdom, with his Fatherly and tender affection, tending to the removing of all theſe queſtions, and contraveſfies, and to the publick well, and good of the Kingdom; THEREFORE, All the ſaids Perſons, have with one conſent, and aſſent, of certain knowledge and proper motive, Ratified, and Approven the ſaid Act made be the ſaids Commiſſioners, anent the ſaid conſtant Rent, and Dewty, to be payed to his Majeſty, and His Succeſſours, forth of the Rents of the Kingdom, except, as is excepted in the faid Act, and with the quality, reſtrictions, and proviſions, mentioned in the ſaid Act, which is of the date the 29. of May laſt by-paſt, Together with the ſaid other Act made upon the ſaid 29. of June laſt by-paſt: Whereby It is Ordained, That all Superiorities of Erections ſhall be freely reſigned, and ſurrendered in his Majeſties hands: Likeas the ſaids Perſons, and every one of them, for all Right, and Title, which they have, or may pretend to the Superiorities of whatſoever Lands pertaining to whatſoever Benefices erected, of whatſoever Title, name, or deſignation, the ſame be, Are content in all humility, promptitude, and alacrity of mind, To make ſurrender of the ſaids Superiorities, in manner after-mentioned. And therefore They, and every one of them, of certain knowledge, and proper motive, have made, conſtitute, and ordained, and be their preſents makes, conſtituts, and Ordains, Maſter William Elphingſtoun, Cup-bearer to his Majeſty, and Their Procuratours: With power to them, and ilk ane of them, conjunctly, and ſeverally, to compear before their Gracious, and Dread Soveraign, his Sacred Majeſty,and his Succeſſours, or before their Commiſſioners, having power to receive Reſignations, whatſoever day, and place convenient, and there, with all humility and reverence as becomes, To Reſign, up-give, and Surrender, in the hands of their ſaid Gracious, and Dread Soveraign, his Sacred Majeſty, and his Succeſſours, or in the hands of their Commiſſioners foreſaids, Ad perpetuam remanentiam: Likeas they and every one of them, for their own right, for them, and their Succeſſours, Reſigns, and Surrenders in his Majeſties hands, Ad perpetuam remanentiam, The Right and Title of Superiority, of all and ſundrie Lands, Barronies, Milnes, Woods, Fiſhings, Towers, Fortalices, Mannour-places, and other Pertinents, pertaining to whatſoever Erections, and Temporalities of Benefices, of whatſoever Title, name, or deſignation, the ſame be, to which, they, or any of them, have, or may pretend to have, or pretend right of Superiorly, at the day and date of their preſents, and which are holden of them, as Lords of Erection be Reſerving unto them, and every one of them, the Few-mails, and Few-ferms, of their ſaids Superiorities, at and while they receive payment, and ſatisfaction, of that which ſhall be ordained to be payed to them for the ſame, in manner after-mentioned. LIKEAS, It is expreſly provided, and declared, that they ſhall uſe, bruick, and poſſeſs, the ſaids Few-mails, Few-ferms, of the ſaids Superiorities, at and while they receive payment, and ſatisfaction, of the compoſition which ſhall be ordained, and appointed to them, be vertue of the Submiſſion after-mentioned, and that by vertue of their preſent Rights, and Infeſtments of the ſame; Notwithſtanding of the ſurrender, and reſignation above-ſpecified, or any thing that ſhall follow thereupon. And als it is expreſly declared, that under the Surrenders, and Reſignations above-ſpecified, ſhall no wayes be comprehended, the right of property of whatſoever Lands, Barronies, Woods, Fiſhings, Manour-places, Milns, Multers, and Others of the ſaids erected Benefices, pertaining to the ſaids Surrenders in property, and whereof they have had, or acquired the right of property of before, or ſince the ſaids Erections, be whatſoever manner of way, according to the Law of the Kingdom, To be holden of his Majeſty, and His Succeſſours, as the ſame were holden before the date of the ſaids Erections: And alſo reſerving to them, the whole proviſions, reſervations, and other favours, and Benefites, granted, and reſerved to them, be his Sacred Majeſty, be vertue of the ſaid Commiſſion: And ſpecially, but prejudice of the generality foreſaid, Reſervingthe particular clauſes following, whereby his Sacred Majeſty hath declared, That it is not his Majeſties intention, nor pleaſure, to quarrel, and annull, any of the confirmed Fewes, or other lawfull Rights of any of the Lands, Temporalities of Benefices, formerly ſet be the Ancient Titulars thereof, without diminution of the Rentals, or Fewes granted be his Majeſties late Father, to any of the Lords of Erection before their Erections, without diminution of the Rentals, or Fewes bought bona fide, be any of the Lords of Erection, or by any other from them, before His Majeſties late Revocation, from any Heretour thereof, without diminution of the Rentals, nor yet to quarrel, nor annul, any of the ſaids Fewes, ſet be the ſaids Lords of Erection, before his Majeſties late Revocation, to any of their own Vaſſals,without diminution of the old Rental. And whereby it is declared, That it is his Majeſties ſpecial will and pleaſure, That the Manſions, Circuits, Places, Orchards, and Gardens, of all the ſaids erected Benefices, ſhall be fewed unto ſuch of the ſaids Lords of Erections,as are in preſent actual poſſeſſion thereof, without any other
Page:The Laws and Acts of Parliament of Scotland.djvu/548
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