Page:The Laws and Acts of Parliament of Scotland.djvu/559

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bearing the warrandice foreſaid, To Our Advocat , at ſuch diets, and times as ſhould be appointed, and pre- ſcribed to them by Us, or Our Chancellour, at Our command, and direction, before the giving forth of Our Determination in the Premiſſes; As in the ſaids general Submiſſions at more length is contained. AND FOR SAMEIRLE As Wee according to the proviſions contained in the ſaids Submiſſions, by Our Let- ter, of the dare the laſt day of Junij 1628. Gave ſpecial warrand to Our Commiſſioners for production of the foreſaids Tacks , Lcafes , and others foreſaids, who by their Act and Ordinance of the date the Eight day of Auguſt, and by publick Proclamation paſt thereupon: Ordained that all the ſaids Perſons having intereſt, ſhouid compear before them upon the firſt of November 1628. years; Bringing, and producing with them, all their Leaſſes, and Tacks of Other Mens Teinds, ſet to them, or their Authours, before their Erections, together with all their rights, and ſecurities of the foreſaids Teinds, bearing abſolute war- randice, or warrandice of their own moneys in caſe of eviction: To the effect, the ſame might be ſeen, and conſidered by Our Advocat, with certification to them that failzies, that they ſhould not be heard to claime any ſatiſfaction for the ſame thereafter. And that ſome few allanerly of the ſaids Perſons having intereſt , have given in their Tacks, and Rights, bearing warrandice as ſaid is: Sua that by rigour of Law, Wee might give out Our Determination without reſpect of the ſaids Rights, not produced to Our ſaid Advocat, conform to the proviſion contained in the ſaids Submiſſions. YET WEE out of Our Royal clemencie, and goodneſs DECERN, and ORDAIN full, and plenary ſatisfaction to be made, not only to thoſe who have al- ready produced, and whoſe productions are extent in the Regiſters of the ſaid general Commiſſion: But al- ſo to all other perſons Submiters, who have lawful Tacks ſet to them, their Predeceſſours, or Authours of the ſaids Teinds of Erected Benefices, which talleth within the cempaſs of the ſaids Submiſſions, for the Rights of the ſaids Teinds during the ſpaces contained in their ſaids Tacks, and that without any defalcation, or diminution of the price thereof, in reſpect of Our particular right, and intereſt; But according to the full availe of the years to run contained in the ſaids Tacks; They alwayes exhibiting, and producing to Our Ad- vocat for the time , or Clerks of Our Commiſſions foreſaids, their ſaids Leaſſes, and Tacks, betwixt this and the laſt day of May next to come, and no otherwayes; And becauſe after production thereof, every Perſon will not have alike years, and ſpaces to run in their ſaids Tacks; Therefore Wee referre to Our ſaids Commiſſioners to ſet down the juſt worth, and valuation of the ſaids Tacks ſet before the ſaids Erections, according to the number, and ſpaces of years of the ſame which is yet to run; And to modifie the ſaid price, to each Perſon accordingly. AND SICLIKE, Wee Decern, and Ordain That the ſaids Perſons Sub- mitters, nor none of them ſhall be any wayes prejudged by their ſaids Submiſſions, of their actions of war- randice, competent to 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: But declares their ſaids actions of warrandice, to be free, and reſerved to them, allowing alwayes in the firſt end thereof, ſo much as they are to receive by vertue of this Our determination, in the firſt end of their ſaid wanandice; And if any of them ſhall happen to be prejudged by, or through occaſion of their ſubſcribing of the ſaids Submiſſions , of their ſaids actions of warrandice, and to be debarred therefra in whole, or in part, by occaſion thereof. In that caſe Wee Decern, that whatſoever by Law they might obtain againſt their ſaids Authours by their action of warrandice, for warranding of their rights of the ſaids Teinds, which falleth within the compaſs of the ſaids general Submiſſions: And for the which they are or ſhall be debarred by and through the ſaids Submiſ- ſions, and this Our determination following thereupon: That the ſame ſhall be refounded to them by Our ſaid Theſaurer-principal, Theſaurer-depute, and Receivers foreſaids: They alwayes exhibiting, and pro- ducing to Our ſaid Advocat, or Clerks of Our Commiſſions foreſaids, their ſaids rights bearing warrandice in manner foreſaid, betwixt and the laſt day of May next to come, and none otherwise. AND Wee FIND, and DECLARE, That this general courſe, and order, That every Heretour ſhall bruick , and poſſeſs his own Teinds, ſhall have begining in this inſtant year of God 1619. years, The ſaids Heretours being al- wayes ready to fullfil, and perform their part of this Our determination, And to the effect, that the ſaids Titulars may receive full, and compleat ſatisfaction of the price of the ſaids Teinds, ſua farre as is due to them by this Our determination, from the ſaids Heretours who ſhall buy their Teinds as ſaid is, or where they ſhall not buy, that the ſaids Titulars may be ſecured in the yearly rate, and quantity of the ſaids Teinds to be payed to them of the ſaid Cropt 1629 years, and yearly thereafter; Wee Referre the conſideration of the terms of payment of the ſaids prices, And alſo the terms of payment of the ſaid payable rent of the ſaid Cropt 1629, and yearly thereafter, Together with the manner, and form of ſecurity to be given thereanent, by the ſaids Heretours, to the ſaids Titulars, unto Our ſaids Commiſſioners; To whom Wee give full power to ſet down, ſuch ample ſecurities as may ſtand by Law, both for Our ſecurity, and for the ſecurity of the ſaids Titulars in the premiſſes. Which form of ſecurity to be ordained by them, Wee decern the ſaids Here- tours to obſerve, and fulfil in all points, after the form, and tenour thereof. Like as alſo Wee referre to the conſideration of Our ſaids Commiſſioners, what manner of ſecurity ſhall be made by Us, to every Heretour of the Teinds of his own Lands; To the effect they may bruick the ſame heretably, and perpetually for ever,, according to the meaning of this Our determination. AND WEE DECERN, the ſaids whole Per- ſons Submitters, their Heirs, and Succeſſours, to obtemper, fulfil, and obey this Our determination, in

the whole heads, and Articles thereof; They receiving lawful, and perfect ſecurities, conform to the tenour

of our