( 17 )
Pleaſaure, and Determination anent the premiſſes, betwixt the date hereof and the ſaid laſt day of December 1629. years. As in the ſaid Band, and Submiſſion of the date foreſaid at more length is contained. And Wee having at great length conſidered, and adviſed, what is moſt fit to be done by Us, in the premiſſes Submitted to Us, both for the well of the ſaids Biſhops, and their Succeſſours, and for eſtabliſhing of a conſtant Victual Rent to them, after the expiring of the preſent Tacks, wherewith the ſame are burdened: And for better plantation of Kirks pertaining to them: And als for the peace, and quietneſs, of Our ſaid Kingdom, that no perſon have the leading of any Other mens Teinds, but the Heretours of the Lands allennerly: 'Pronounceth Our Sentence, and Determination therein as followeth. IN THE firſt Wee find the Quota, or rate of all Teinds pertaining to the ſaids Biſhopricks, and other Benefices foreſaids, which falleth within the compaſs of the ſaid Submiſſion, To be the Fifth part of that which each Land payeth of conſtant rent of Stock, and Teind, where the ſame are jointly valued, conform to the courſe, and order taken, or to be taken for the valuation of the ſame. And where the Teinds are valued ſeverally, and apart, Findeth that the rate, and quantity thereof is, and ſhall be ſuch as the ſame ſhall be valued to by Our Commiſſioners appointed, or to be appointed to that effect: Deducing alwaies the fifth Part thereof, to make the ſame equal to conſtant rent communibus annis. And Finds, and Declares, that if in the valuation of the ſaids Teinds, either joyntly to be made with the Lands, or ſeverally, there be any ſenſible hurt, greivance, and prejudice committed, in exceſs, or diminution, which ſhall require to be rectfied by Us: That it ſhall be lawful to the parties greived to appeal to Us, or to Our Parliament, to the effect Wee may ſee orderput thereto as effeirs. And Decerns and Ordains, the ſaids Submitters, and their Succeſſours, to grant to every Heretour of the ſeveral Lands, whereof the Teinds appertaineth to the ſaids Submitters, or any of them being deſirous of the ſame, and to their Heirs, and Succeſſours, Heretours of the ſaids Lands, ſuch ſufficient ſecurity thereof as may ſtand with the Laws of Our ſaid Kingdom, for payment of the ſaid rate, and rent, determined by Us, as ſaid is; And that of the Cropt, and year of God 1629. years, and yearly thereafter, the ſaids Heretours alwaies who ſhall deſire to have the right of their ſaids Teinds in manner foreſaid, their Heirs, and Succeſſours, making, and ſubſcribing ſuch lawful ſecurities to the ſaids Submitters, and their Succeſſoburs, for payment of the ſaid Quota, and Rate yearly, betuixt Zuile, and Candlemeſs, after the Cropt, with the deduction alwaies of Our Annuity forth of the excreſee of the Bols, and rent ariſing to the ſaids Submitters, and their Succeſſours, after the expiring of the preſent Tacks, in manner after-ſpecified: And that in ſuch lawful, and perfect manner, as may ſtand by the Laws of Our Kingdom, and ſhall be deviſed by Our Advocat; To whom Wee referre both the manner of right,and ſecurity, to be made by the ſaids Submitters, to the ſaids Heretours of the ſaids Teinds: And als of the ſecurity to be made by the ſaids Heretours to the ſaids Submitters, & their Succeſſours, for ſure payment of the rent, and dewty above-ſpecified, together with Our Annuity dew to Us, for encreaſe of Our Rent, to be payed by the ſaids Heretours, and their Succeſſours, to Us, and Our Suceſſours, for ſuch part of the ſaid rent, and Bols as ſhall aecreſce to the ſaids Submitters by the valuations foreſaids, after the expiring of the preſent Tacks of the Teinds of their ſaids Lands, pertaining to their ſaids Biſhopricks, and Benefices. Which Annuity ſhall be allowed, and defeaſed to the ſaids Heretours off the firſt end of the ſaid rent, which ſhall aecreſce to the ſaids Submitters, and their Succeſſours as ſaid is, but prejudice alwaies to the ſaids Submitters, and their Succeſſours, and to the Miniſters provided to the ſeveral Kirks under them: To bruik, and poſſeſs the fruits, and rents of their ſeveral benefices, whereof payment was made to them, the time of the making of the ſaid Submiſſion, and that without all burden of Our ſaid annuity. AND Wee Find, and Declare That it ſhall not be lawful to the ſaids Submitters, and their Succeſſours, to be provided to the ſaids Biſhopricks, and Benefices, to ſet any Tacks long, or ſhort, or to make any other diſpoſition of the ſaids Teinds pertaining to the ſaids Biſhopricks, and Benefices, after the expiring of the preſent Tacks thereof, but allennerly for payment of the ſaid rate, rent, and Quota now determined by Us, which ſhall remain whole, entire, & unhurt in quantity, or quality, and ſo tranſmitted to the Succeſſours for ever, whithout any change, alteration, dimunition, converſion in money, or other prejudice whatſoever: Reſerving to Us Our Annuity of that which ſhall aecreſce after the expiring of the preſent Tacks in manner foreſaid. And Wee Ordain this Our Determination, with the ſaid Submiſſion whereupon the ſame proceeds, to be Regiſtrat in the Books of Our Council, and Seſſion, to have the ſtrength, and 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 allenerly. 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 of Ley Knight, and Maſter William Elphingſtoun, One of Our Cup-bearers.
