Page:The Laws and Acts of Parliament of Scotland.djvu/564

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HIS MAJESTIES DETERMINATION,
upon the Submiſſion made by the Burrowes.

CHARLES By the Grace of God King of Great Britain, France, and Ireland, Defender of the Faith, To all and ſundrie Our Subjects, whom it effeirs. For Sameikle, As the Commiſſioners, of the free Royal Burrowes within Our Kingdom of Scotland, having full Power, and Comrniſſion from their ſeveral Burghs; Conſidering that Wee out of Our Royal care , Fatherly and tender affection, to the Publick good of all Our Subjects, of Our Native, and Ancient Kingdom of Scotland, for freeing them from the extremity, and damage, may enſue to them by leading of their Teinds; Intended to take ſuch courſe as thereafter each Man might poſſeſs and enjoy the Teinds of the Lands pertaining to him in proper- ty. And they acknowledging themſelves to be bound in duty to the advancement of all Our Royal deſigns tending to ſo Publick a good. Therefore, They by their Band, and Submiſſion, of the date Perth, the Second day of July, the year of God 1628. years, Bound and Oblidged them, and each of them, Sub- ſcribers of the laid Submiſſion, and their Succeſſours, for, and in name of the ſaids Burghs, to grant unto each Heretour of the ſeveral Lands, whereof the Teinds did to them appertain (after the expiring of the pre- ſent Tacks already granted by them to the preſent Tackſ-men) ſuch rights, and ſecurities for perpetual en- joying of their own Teinds, and for payment of ſuch rates, and Teind, Rental, Bols of Victual, as Wee in Our Royal judgment ſhould decern: Submitring themſelves, & each one of them for their own parts there- anent, to Our Royal Decreet, and Sentence, and what mould be the true rate, eſtimation, and quantity of the ſaids Teinds, and what ſecurity mould be made to them, by the ſaids Heretours, for yearly payment to be made to them, each one for their own parts of the ſaids Teind-Bols of Victu- al, of ſuch forts as mould grow upon the ground of the ſaids Lands yearly; As ſhall be deter- mined by Us betuixt Zuile, and Candlemes. For payment whereof the famine Lands ſhall be lyable, and bound in ſecurity of the famine: And were content, and conſented, each one for their own part, that Wee mould give forth Our pleaſure , and Determination, anent the premiſſes referred to Us in manner foreſaid, betuixt the date of the ſaid Submiſſion, and the laſt day of December, in the year of God, 1629. years: As in the ſaids Submiſſions of the date foreſaid, containing diverſe other Proviſions, at more length is con- tained. And Wee being well, and ripely adviſed anent the premiſſes, and finding it neceſſar, and expe- dient for the publick well, and peace of that Our Ancient Kingdom, that each Heretour have , and enjoy his own Teinds. Prononnceth Our Sentence, and Determination therein as followeth. IN THE FIRST, Wee Decern, and Ordain, the ſaids Burrowes Royal, Proveſts, Baillies, and Council of the ſame, and their Succeſſours, whoſe Commiſſioners have ſubſcribed the ſaid Submiſſion; To grant unto each Heretour of the ſeveral Lands , whereof the Teinds doe appertain to them, their Heirs and Succeſſours (after expir- ing of the preſent Tacks, already granted by them to the preſent Tackſ-men) ſuch Rights, and Securities, for perpetual enjoying of their own Teind, for payment of the Rates , & Rental-Bolls after mentioned inſuch ample form, as may ſtand by the Laws of the Kingdom: The ſaids Heretours alwaies, and their foreſaids, making, and Subſcribing to the ſaids Royal Burrowes & their Succeſſours, ſuch lawful Securities for payment of the Quota, and rate of Teinds after-ſpecified yearly, betuixt Zuile, and Candlemes; for payment whereof the famine lands ſhall be lyable, and bound in ſecurity for the ſame; And that in ſuch form, and manner as ſhall be deviled by the ſight of Our Advocat for the time, to whom Wee referre the manner, and form of the Securities to be made by the ſaids Royal Burrowes, to the ſaids Heretours of their own Teinds, and by the ſaids Heretours, to the ſaids Royal Burrowes, of the rate, and Quota of Teinds after-ſpecified. And as to the rate, and quantity of Teinds, Wee Find the Quota, or rate of all Teinds pertaining to the ſaids Royal Burrowes, to be the Fifth part of that which each Land payeth of conſtant rent in Stock, and Teind, where the ſame are joyntly valued, conform to the courſe, and order taken , or to be taken for the valuation of the famine: And where the Teinds are valued ſeverally, and a part, 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 famin equal to the conſtant rent Commumbus annis. And Finds, and Declates, that if in the valuations of the ſaids Teinds, either joyntly to be made with the lands, or ſeverally, their be any ſenſible hurt, greivance, and prejudice committed in exceſs, or diminution, which ſhall require to be rectified by Us, that it ſhall be lawful to the parties greived, to appeale to Us, or to Our Parliament, to the effect , Wee may ſee order put thereto as effeirs. And Decerns this courſe, and order that every Heretour ſhall have his own Teinds, to have the begining in the Cropt, and year of God 1629. years: The Tacks ſet to the preſent Tackſ-men, being expired, or otherwiſe lawfully eſtabiſhed in the Perſon of the Heretour by the ſaids Tackſ-men who have right thereto. ATTOUR For ſameikle, as by the ſaid Band, and Submiſſion, the foreſaids Commiſſioners each one of them for their own parts, hath Bound, and Oblidged their ſaids Burrowes, and their Succeſſours, that in caſe it ſhall be found, that the rents of the Teinds great, and ſmall, Victual, or Silver dewties of the famine, doted for the ſuſtentation of Miniſters, Rector, and Regents of their Colledges , Mailers of their Schools, and poor of the Hoſpitals

of their ſeveral Burghs payed to them ſhall exceed the yearly ſums of money expended by them for the fore-

ſaids