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worth, and eſtimation of each Chalder of Victual, and of all other bodies of Goods , wherein the Teinds conſiſteth in Kinds, and Goodneſs, as the ſame commonly ruleth in each part of the Countrey: And this being tryed, and condeſcended upon, and the prices thereof being reduced in moneys: Wee Find thejuik, and reaſonable Price thereof to be eſteemed to Nine years purchaſe : And Wee declare this Nine years pur- chaſe, to be the juſt price of the heretable right of Teinds, where the Seller hath the heretable right thereof; But where his rights are not heretable, but temporal, and conſiſteth in Leaſes, and Tacks, or ſome other temporal right, whereof there are many, or few years to run: Wee Declare the price in this caſe to be ruled proportionally, according to the number of the years to run and quality of the rights. And becauſe many Here- tours of Lands, hath Tacks long, or ſhort of their own Teinds, or ſome other right thereof ſtanding in their Perſon, in the which caſe it is not reaſonable, that the Heretours ſhould pay the full price to the Perſons having right to their Teinds. Therefore Wee referre this point alſo to our Commiſſioners appointed, or to be appointed, to determine, and ſet down the proportion of the price, according to the years of the Tacks to run, and quality of rights ſtanding in the Perſons of the ſaids Heretours, and according to the quality of the Rights ſtanding in the Perſons of thoſe who hath Title to the ſaids Teinds, after the out-runing of the Here- tours Tacks, and rights of the ſame. It is alwayes declared, that the ſaids Heretours who ſall buy their own Teinds ſhall be oblidged to pay for no more of the ſame, but ſuch as ſhall reſt byand attour the Miniſters Stipends, and other pious uſes, which by the tenour of the General Commiſſion are ordained to be firſt pro- vided, And als that thoſe who ſhall not buy their Own Teinds, and are to be ſubject in payment of the rate of their Teind above-ſpecified, ſhall be no farther oblidged in payment thereof to the ſaids Titulars, but with deduction of ſuch part & portion thereof, as is, or ſhall be provided to the maintenance of the ſaids Miniſters, and other pious uſes foreſaids, expreſt in the ſaid general Commiſſion, Which Wee Will, and Ordain to be deduced, according to the tenour of the ſaid Commiſſion, and Acts thereof made, ot to be made therein, Or in any other Commiſſion to be appointed hereafter by Us, in favours of the Miniſters, and other pious uſes therein mentioned. And Declares the ſaids Titulars to be free, and liberat of the Miniſters Stipends pro rata. And decerns the ſaids Heretours to free, and relieve the ſaids Titulars at the hands of the Mini- ſters, and others having right of that part of the ſaids Teinds, which ſhall be aſſigned, and appointed to be payed to the ſaids Miniſters, and to the other pious uſes foreſaids: And als to relieve the ſaids Titulars at Our hands anent the payment of Our Annuity; And to make yearly payment of the foreſaids burdens, for reliefs of the ſaids Titulars Pro rata. AND SICLYKE Wee Decern, where Wee, or any other have right to Teinds, after inſpection of their Evidents, and due conſideration of their Rights by Our ſelfe, or by ſuch Commiſſioners, as Wee ſhall appoint, That accordingly in regard of the rights that Wee, or they ſhall be found to have, and for making up of a perfect right to the Heretours, ſuch a part, or price, or pay- able Rent dhall be ordained to be payed, and applyed to Our, or their uſe. AND Becauſe Wee have a ſpe- cial, and particular intereſt in the Teinds of Erected Benefices, and that Reaſon, Conſcience, and Juſtice craveth, that a part of the price thereof, or where price is not payed, a part of the yearly dewty ſhould be applyed to Our uſe. And becauſe all Erections are not of one nature, and kind, but ſome of them deſerv- eth more conſideration, and reſpect nor others, according to the true cauſes, merits, and ſervices, for which the ſame were granted. THEREFORE Wee remit the try al hereof to Our ſaids Commiſſioners, to determine what proportion of price, or rent ſhall be defeaſed, and allowed to Us of the ſaids Teinds of Erections, according to the validity, and merit of each Perſons rights after the production of the ſame to Our Advocat. AND becauſe, by ane expreſs clauſe in the ſaids Submiſſions, It is ſpecialy Declared by Us, That Wee would take to Our Princely conſideration, the lawfull Tacks, and Rights of Teinds of erected Benefices, and of all Laick-Patronages, made, and ſet to the preſent Poſſeſſours, or their Authors, by lawful Abbots, Laick-Patrons, and others Titulars of Benefices, lawfully ſet before the dates of the ſaids Erections: And for the ſpaces, and years of the ſaid Tacks, Rights, and Patronages as yet to run; To the effect that they might have full, and plenary ſatiſfaction for the ſaids Tacks, Rights, and Patronages accor- ding as Wee ſhould find the validity thereof, as is uſual in the like caſes, with the burden alwayes of Our An- nuity mentioned in the ſaids General Securities, and Submiſſions. And to the effect, Wee might be in- formed of their ſaids Tacks, and Rights , before the giving forth of Our determination in the premiſies. IT WAS, and is ORDAINED, and Provided, that ſuch of the ſaids Lords of Erections, and other Per- ſons foreſaids, as have ſuch Tacks, or Rights made, and ſet unto them, their Predeceſſours, and Authours, before the ſaids Erections, ſould exhibit, and produce the ſame to Our Advocat, at ſuch diets, and times, as ſhould be appointed by Us, or Our Chancellour, at Our command, and direction, before the giving forth of Our determinations in the premidieſ: LYKEAS also it is ſpecialy provided, That the ſaids gene- ral Submiſſions, should no wayes be prejudicial to whatſoever action of Warrandice competent to the ſaids perſons Submitters, or any of them, againſt their Authours from whom they bought, or acquired their Rights of the ſaids Teinds (which falleth within the Compaſs of the ſaids Submiſſions) for ſums of money; But that either the ſaids actions of Warrandice ſhall be reſerved unto them, conform to the tenour of their Rights made to them thereupon: Or otherwiſe, That the ſatiſfaction to be decerned in their favours ſhall be anſwerable to their warrandice, and no wayes inferiour thereto; The ſaid Perſons , and ſua many of them who have their actions of warrandice reſerved to them in manner foreſaid , Exhibiting, and producing their ſaids rights, bearing
