Page:The Laws and Acts of Parliament of Scotland.djvu/562

This page needs to be proofread.

( 16 )


conform to the tenour of Our Commiſſion, and whole heads thereof, particularly, and generally 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 Teinds, and that in manner particularly expreſt in this Our determination, above-ſpecified. And finally Wee ordain this Our determinatination, with the whole Submiſſions whereupon the ſame proceedeth, to be regiſtrat in the books of Our Council, & Seſſion: To have the ſtrength, & force of a Decreet of the Lords thereof, with execution to paſs thereupon, in form as effeirs, and the Horning to paſs upon a ſimple charge of Ten dayes aliennerly. 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 Windſore the Second day of September, the year of God 1629 years. Before theſe Witneſſes William Earle of Menteith. Preſident of Our Council, and High Juſtice of Scotland, Sir William Alexander of Menſtry Knight, Our Secretary, Sir Coline Campbel of Lundie Knight, Barronet, Sir James Lockhart younger of Ley Knight, Maſter William Elphingſtoun, One of Our Cup-bearers, and Maſter John Maxwel Miniſter at Edinburgh.

HIS MAJESTIES DETERMINATIOAN
upon the Submiſſions made by the Biſhops

CHARLES By the Grace of God, King of Great Britain, France, and Ireland, Defender of the Faith. To all, and ſundry Our Subjects whom it effeirs. FOR SAMEIKLE As the Arch-Biſhops, Biſhops, and remanent Clergy within Our Kingdom of Scotland, Subſcribers of the Band, and Submiſſion after-ſpecified. Conſidering that Wee out of Our Royal care, Fatherly, and tender affection to the publick good of all Our Subjects of that Our Kingdom, for freeing them from the extremity, and damage which may enſue to them by leading of their Teinds, did intend to take ſuch courſe as hereafter every Heretour may poſſeſs, and enjoy the Teinds of his own Lands, for payment of a reaſonable rate, and dewty for the ſame: And the ſaids Arch-Biſhops, Biſhops and Clergy foreſaids acknowledging themſelves to be bound in duty to advance that Our Royal deſigne; & being willing that all ſuch Heretours as are ſubject to the payment of any Teinds to them, or any of them, ſhall have their own Teinds, being deſirous thereof, for payment to them, and their Succeſſours, of ſuch a reaſonable rate, and conſtant yearly rent, as Wee mould determine to be the Quota, and rate of Teinds, within the reſt of Our ſaid Kingdom: So as the dewty, and rate in Silver, and Bolls payed at the preſent to them, or to the Miniſters ſerving at their particular Kirks, be not in any ſort hurt, nor diminiſhed: And als conſidering the great benefit, which the ſaid courſe intended by Us, may import to their Succeſſours, who are there by to have a certain, and conſtant yearly rent, which may not be altered by any Titulars in prejudice of their Succeſſours. Therefore the ſaids Arch-Biſhops, Biſhops, and remanent Clergy foreſaid, by their Band, and Submiſſion, ſubſcribed with their hand, of the date at The year of God 1628 years: Hath bound, and oblidged them; and their Succeſſours, to grant to every Heretour of the ſeveral Lands, whereof the Teinds doe appertain to them, or any of them, (being deſirous of the ſame) ſuch ſufficient ſecurity thereof as may

ſtand with the Laws of the ſaid Kingdom: And for ſuch a reaſonable rate, and rent, or Rental Bolls, as Wee ſhall determine to be the Quota, and rate of Teinds: Submitting themſelves thereanent to Our Royal Decreet, and Sentence, to be pronounced at or before the laſt day of December,in the year of God 1629. years, And anent what lawful ſecurity in manner foreſaid, ſhall be made, or given by them, or any of them to the ſaids Heretours of their own Teinds belonging to their Biſhopricks, or Benefices; For payment to be made by the ſaids Heretours to them, and their Succeſſours, of the ſaid Quota, and rate, or conſtant rent, or Rental, to be ſet down by Us, for the ſaids Teinds out of the ſaids Lands ſubject to the payment thereof yearly in ſuch manner, and at ſuch terms, as Wee ſhall be pleaſed to appoint. And anent the making, ſetting down, and eſtabliſhing, of the ſaid Quota, or rate of the ſaids Teinds, rent, or rental-bols, payable yearly for the ſame, to them, and their Succeſſours. And anent what ſecurity the ſaids Heretours ſhall make for the ſure, true, timous, and thankful payment to them, and their Succeſſours of the ſaid yearly rent, and rental-bols, at ſuch times, and terms of payment, as Wee ſhall think fit to be contained in the ſecurities of the ſaids Teinds. And anent the Annuity hereafter payable by the ſaids Heretours, for encreaſe of Our Rents, providing that they, and every one of them peaceably enjoy the fruits, and rents of their ſeveral Benefices, as they were poſſeft by them at the time of the ſaid Submiſſion, and that at ſuch rents as ſhould thereafter belong, and accreſce to them, or any of them, and their Succeſſours by Our ſaid Decreet, anent the ſaid Quota to be payed by the ſaids Heretours for the remanent of the ſaids Teinds which were not in their preſent poſſeſſion, ſhould be ſecured, ana made ſure to them, and their Succeſſours, leaving the ſaids Heretours of the Lands, out of which the Teinds are due to them, to ſubmit themſelves to Our Decreet, and Determination, anent the Annuity, and other premiſſes, which concerns them, to be pronounced before the laſt day of December, 1629. years. With power to Us to give forth Our Sentence,

Pleaſure,