Page:The Laws and Acts of Parliament of Scotland.djvu/631

Afttfi. King CHARLES the II. 1661. 61 foever nature or quality the fame be of which are yet unvalued. Providing the Minifters ferving the C ure ; who do lead Teinds , be fecured of good and thankful payment of fo muchvidual or money anfwerable to the worth of the faids Teinds, as the Teinds lhall be valued to. And alfo with power to them to receive reports from Sub-commiffioners, and to appoint Sub-commifiioners conform to the former Ads and Commiffions, to appoint conftantand local Stipends, and grant augmentations, todif-joyn too large and ipacious Kirks , build and erect new Kirks, dif-member , annexe and unite Kirks , and to take orderthat e- very Heritor and Life-renter fhall have the leading and buying o( their own Teinds , if they be willing accor- ding to the Rates prefcribed by former CommiiTions, namely by ihe forefaid Commiflion granted by his Majefty, with confent of the Eftares of Parliament , in Anno one thoufand fix hundred thirty and three. And with power to the faids Commiffioners or Riorum forefaid , to give recom pence to Parties for the aug- mentation of Stipends to be impofed by this Commifsion.in the fame way as was done by former Commifsi- ons , namely by the Commiflion in Anno 1 6 1 7 . With power to them to determine all Queftions con- cerning the Prices of Teinds betwixt Titulars and others having right to the Teinds, and the Heritors : And to appoint fuch fecurities in favours of the Titulars and others having right, by the Heritors payers of the va- lued Duties or buyers of the faids Teinds, and in favours of the Minifters as to their maintenance, as the faids Commifsioners fhall think fitting , according to the Rules fet down in the faids former Ads , namely inthefaid Aft, in Anno one thoufand fix hundred thirty and three. Andfuchlike, with power to them to appoint and provide for fuch other pious ufes in each Parochas the Eftate thereof may bear. Declaring, that where the Vicarage of any Paroch is a feveral Benefice and Title from the Parfonage , the fame fhall be feveraliy valued, to the efTed the Titulars or Minifters ferving the Cure, having right to die Paid Vicarage benotfruftrate of the true worth thereof. Itisalwayes Declared, That Minifters ferving the Cure, vvlio now lead their Teinds, and that Colledges, Schools and Hofpitalsbe not conftrained to fell, fet nordif- Jjorie their Teinds in prejudice of their SuccefTors notwithftanding of the valuation thereof; and that Titu- ars and others having right to Teinds , fhall not be forced to difpone any Teinds valued or to be valued, which they lhall be content and willing to afsign and difpon to the Minifter ferving the Cure of the Paroch as apart of his Provifion. And His Majefty, with confent forefaid, Declares, That where valuations are lawfully led againft all parties having intereft , and allowed by former Commifsions , according to the or- der obferved by them, that the fame fhall notbedrawninqueftion, nor rectified upon the pretence of e- norm lefion, at the inftance of the Minifter, not being Titular ; or at the infrance of his Majefties, Advocate, for and in refped of his Majefties Annuitie : Except it be proved that collufion was ufed betwixt the Titulars and Heritor , or betwixt the Procurator-flfcall ' and Heritors and Titulars ; which collufion is Declared to be where the Valuations are led with the diminution of a third of the juft Rent; and which diminution fhall be proved by the Parties Oaths. And albeit that all the Acts of the pretended Parliaments, in the years one thoufand fix hundred and fourty, and one thoufand fix hundred fourty and one, and fince ; are declared by an Ad of this prefent Parliament , null and of none avail in all time comming ; yet itis hereby Declared, That all and whatfoever Valuations , Ads, Sentences and Decreets , done, con- cluded , and decerned by vertue of any Commifsions granted by the faids pretended Parliaments , w ith all execution ufed or to be ufed thereupon , are and fhall ftand valid in all times comming, notwithftanding of the forefaid Acl Refciflbry ; And this for the good and eafe oi the People , and for incouragement of the Mi- nifters of the Gofpel , whereunto his Majefty hath alwayes a tender refped. And although by a fpecial Act of this prefent Patliament, the pretended Parliament holden w_Auno one thoufand fix hundred and fourty nine , and in the beginning of the year one thoufand fix hundred and fifty , is from the beginning Declared void and null, and all that hath followed thereon ; Yet nevertheleffe His Majefty Doth , with advice fore- faid , Audiorize all Valuations, Ads, Decreets and Sentences led , deduced and pronounced by the Com- mifsions one or moe appointed by the faid pretended Parliament, for Plantation of Kirks and Valuation of Teinds , and all execution competent thereupon ; Excepting fuch Decreets and Sentences given in favours of Minifters for their Stipends, or for dividing, uniting, annexing or building of Kirks, -which fhail be found to have been unjuftly or exorbitantly decerned : The determination whereof is hereby referred by his Maje- fty , with confent forefaid to the faids Commifsioners , that they after hearing of parties, and confideration of particulars , may take fuch courfe for altering, annulling or allowing of the faids Ads, Decreets, and Sen- fences, as they fhall think fitting, conform to the Laws , Pradique and cuftom obferved preceeding the year one thoufand fix hundred and fourty nine : and Ordains Procelle upon Supplications to be fummarly granted, parties alwayes being cired , and that without any redudion. And it lhall be lawful to the faids Commifsioners or Quorum forefaid , to proceed in all Summons and Adions to be intended for that efled: , Within the fpace of two years after the firft down-fitting of the Commifsion. As aifo , with power to the faids Commifsioners, upon the dependance of the faids Complaints and Proceflesto difcharge execution upon the forefaids Decreets , in whole or in part , as they fliall find juft , ay and while the matter be deter- mined by them. As alfo in refped that by diverfe Decreets pronounced by the faids Commifsioners ap- pointed by the faid Commifsion, in hnno one thoufand fix hundred and fourty nine, the burden of an Aug- mentation was put upon diverfe Tacks-men of Teinds, and yet no recompence was made to them by proro- gating of the faids Tacks; in regard alfo that diverfe Regifters of Commifsions, preceeding the year one thoufand fix hundred and fourty nine , are loft, whereby Prorogations were granted in favours of Tacks* H 3 men, <