Page:The Laws and Acts of Parliament of Scotland.djvu/560

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of Our Commiſſion, and whole heads thereof, particularly, and generaly mentioned in the ſaids general Submiſſions: And als receiving real payment of that which Wee have Ordained by this Our determination, before they denude themſelves, either of Right, or Poſſeſſion, of the ſaids Few- mails, and Teinds; And that in manner particularly expreſt in this Our determination, as is above-ſpecified. AND FINALLY, Wee Ordain this Our determination, with the whole Submiſſions, whereupon the ſame proceeds , to be re- giſtrat in the books of Our Council, and Seſſion to have the ſtrength,and force of a Decreet of the Lords there- of, with execution to paſs thereupon in form as effeirs, and the Horning to paſs upon a ſimple charge of Ten dayes allanerly. And to that effect, makes, and conſtituts

Our Advocat, Our Procuratour, to compear for Us, and conſent to the regiſtrating hereof, in manner foreſaid. In-Witneſſ whereof, Wee have ſigned theſe preſents with Our hand At Windfore, the ſecond day of September, the year of God 1629. years; Before theſe Witneſſes , William Earl of Menteith, Preſident of Our Council , and High Juſtice of Scotland; Sir William Alexander of Menſtry Knight , Our Secretary, Sir Coline Campbel of Lundee Knight, Barronet, Sir James Lockhart younger of Ley Knight, and Maſter William Elphingſtoun One of Our Cup-bearers.

His Majeſties Decreet pronounced upon the Submiſſions made be certain Tackſ-men, and Others having Right to Teinds

CHARLES By the Grace of God, King of Great Britain, France, and Ireland, Defender of the Faith: To all, and fundry Our Subjects whom it efieirs. For Sameikle, as Wee being fully reſolved to have ane univerſal order eſtablifhed within Our Kingdom of Scotland, anent the matter of Teinds; And that every Heretour ſhall have, and bruick his own Teinds, of whatſoever nature the ſaids Teindsbeof, and to whatſoever benefice the ſame pertaineth, at a competent rate, and price; And under- ſtanding that diverſe of Our Subjects had deferred to ſubſcribe the firſt general Submiſſions anent the ſaids Teinds, upon pretence that the Arch-biſhops, Biſhops, Parſons, Vicars, and Others of the Clergy had not ſubſcribed the ſaids general Submiſſions: Which impediment was thereafter removed by a ſeveral Submiſ- ſion, ſubſcribed by the ſaids Biſhops, and Clergy to Us. Therefore, Wee by Our Letter, and Warrand, directed to the Commiſſioners for Teinds, of the date the 28. day of October laſt by-paſt, did ſignify Our will, and pleaſure: That all Titulars of Teinds, pertaining to whatfoever Kirks, or Benefices; And als all Heretours of Lands, the Teinds whereof pertaine to the ſaids Benefices, and Kirks, ſhould ſubſcribe a general Submiſſion unto Us: Referring to Us the price, rate, and quantity of whatſoever Teinds of Other mens Lands. Which Letter being read, and conſidered by the ſaids Commiſſioners of Teinds, they by their Act of the date the Third day of December laſt by-paſt: Did in all humility acknowledge Our Gracious, and Fatherly care for the good of Our ſaid ancient Kingdom, and allowed, and approved the ſaid Letter, and interponed their Authority thereto. Conform to the which there was certain Submiſſions drawn up: Whereby all Perſons ſubſcribers of the ſaids Submiſſions, having, or pretending right, by whatſoever Title, Tacks, or other manner of right, to whatſoever Teinds of Other mens Lands, pertaining to whatſoever Biſhoprick, Abbacy, Pryory, Parſonage, Vicarage, Colledge, Kirks, Prebendary Chaplanry, or other Benefice whatſoever: And ſiclike the Heretours, and Poſſeſſours of whatſoever Lands lying within the ſaids Benefices, and who are deſirous to have the Teinds of their own Lands pertaining to the ſaids Benefices, at a competent rate, and price, ſubmitted, and by the tenour of the ſaids Submiſſions, did Submit unto Us , All, and ſundry Teinds, that they, or any of them had of Other mens Lands, by whatſoever right, or title they Poſſeſſed, and enjoyed the ſame, and how they might be denuded thereof, Omni habilimodo quo de jure. And als did ſubmit unto Us, to appoint the quantity, and rate of Teinds, and what price ſhall be given for the ſame, and what ſecurity ſhall be made of the Teinds of other mens Lands, to the Heretours, and Poſſeſſours thereof, in ſuch form as might ſtand by Law, and were contented, and conſented that wee ſhould give out Our pleaſure, and determination, anent the premiſies referred to Us, in manner foreſaid, betwixt the day, and date of the ſaids Submiſſions, and the laſt day of December, 1629. years: As the the ſaids Submiſſions ſubſcribed by the particular Perſons, Titulars , and Heretours of the ſeveral dates thereof, in themſelves, more fully proports. And Wee being well, and ripely adyiſed anent the premiſies: And finding it neceſſar, and expedient for the publick well, and peace of that Our ancient Kingdom; and for the better providing of Kirks, and Miniſters Stipends, and for eſtabliſhing of Schools, and other Pious uſes: That each Heretour have, and enjoy his own Teinds: And therefore to the effect, full and perfect ſecurity may be made to every Heretour of his own Teinds: Wee Decern, and Ordain, The ſaids Submitters, and everyone of them, and their Heirs, to denude themſelves of the right of Other mens Teinds, by all Law- ful manner, as may ſtand by the Laws of Our Kingdom, and that of the Cropt 1629. years, and yearly thereafter in all time coming, and to make, and ſubſcribe good, valide, and lawful ſecurities to each Here- tour of his own Teinds, by the ſight of Our Advocat preſent, and being for the time providing they be no farther oblidged in warrandice thereof, but from their own deeds, and from the facts, and deeds of their

Predeceſſours, to whom they are Heirs: Excepting therefrom ſuch facts, and deeds, as is made, and per-

fected