Page:The Laws and Acts of Parliament of Scotland.djvu/632

£ % The fir ft Parliament of Aft 6% men , and the Extrafts alfo perifhed the time of the Troubles : Therefore his Majefty , with confent forefaid, Gives power to the faids Commifsioners , or Quorum fptefaid,, appointed byMrhis Commifsion, to grant recompence and prorogation to the faids Tackf-men, in the fame manner as was prefcribed by the former Commiflions , namely by the Commiffion in Anno one thoufand, fix hundred, and feventeen, the Ti- tulars alwayes being cited thereto. And whereas it may fall out that fome of the faids Commiffioners now appointed, may be unable to attend the fervice, through death, ficknefs,or fome other notour and known impediment. Therefore His Majefty Declareth , that He mall be careful to fill their places with other per- fons qualified x whole Oaths for faithful difchargc of the fame , fhall be taken by*he Lord Chancellor , or in his abfence , by the Prefident of the faid Commiilion for the time : And ordains this prefent Commiffion to endure ay and while the fame be difcharged by His Majefty ; and Ordains the Afts , Decreets and Ordi- nances thereof, to have the force, ftrengthand effect of a Decreet , Sentence and Aft of Parliament; and the Lords of the Seffion to grant and direct Lettters of Horning , Poynding and others requifit , in manner contained in the forefaids former Commifllons. And confidering that it was the will and pleafure ofHisMajefties Royal Father, that all Heritors, who fhould be willing to buy , fhould have their own Teinds at reafonable Rates ; Therefore His Majefty , with advice forefaid , Statutes and Ordains , that all Heritors whofe Teinds are not valued , fhall have liberty to value and buy the fame at fuch Rates as are con- tained in the Act of Parliament one thoufand, fix hundred, and thirty three years. With power to augment the faids Rates according to the burden of Augmentations and others fuftained by the Titulars , fincc the faid Act of Parliament one thoufand, fix hundred, and thirty three years; and the faids Heritors to have the liberty of buying, as faid is, within the fpace of three years after the valuation. With power to the faids Commiffioners to determine therein according to Juftice ; with this Declaration alwayes , That incafe the impediment during the fpace forefaid , flow from the Titular , by reafon of his minority or other inabili- ty , in that cafe , the Heritor who offered himfelf ready to buy his own Teind within the fpace forefaid , fhall have place, fo foon as the impediment is removed , to buy his Teinds , notwithftanding of the expiring of the years and fpace above expreft. And it is Declared , that if the Heritor be Minor, and his Tutors ne- glect the buying of his Teinds within the forefaid fpace , the Minor fhall have Action for two years after his minority , to compel the Titular/or felling of the faids Teinds. LXII. c^T C T for ordering the payment of 'Debts , betwixt Creditor and Debitor. OUR SOVERAIGNE LORD, confidering how neceffary and eflential it is to the very being and flourfhing of Kingdoms and Nations, that there mould be a National confidence among the peo- ple themfelves , and with thefe of other Nations with whom they have correfpondence and traffick abroad ; and that the moft effectual and proper way to beget , cement, and maintain the fame , is , that Pcomifes, Pactions, Obliegments and Debts be faithfully performed and fatisfied , without which there can be no truft , and confequently no fociety , intercourfe and commerce at home , and all Trade and Traffick with other Nations will certainly decay and ceafe , to the irreparable lofs, ruine and difcredit of the Nation: Yet, the troubles and difficulties of the time being fo great, that it is fie fome breathing time and encou- ragement mould be given to the Debitors , for the better inabling them to keep their credit , and to take fome effectual courfe for payment of their Debts. Therefore His Majefty , with advice and confent of theEftatesof Parliament, Statutes and Ordains , That for all Sums and Debts contracted before die tearm of Whitfunday , one thoufand, fix hundred, and fifty eight years , and exceeding one thoufand pounds Scots of principal, perfonal execution fhall be forborne by the fpace of fix years, to begin at Whitfunday laft by^paft , in this inftant year , one thoufand, fix hundred, and fixty ojie ; Providing that the Debitors make payment of one years Annual-rent at Candlemefie next , in the year one . tliouland;. fix- hundred, and fixty two, and that the refidueof the by-gone Annualrents of the faidsSjims refting unpaid at Whitfunday next , fhall become and be made a principal Sum , and the Debitor fhalfgive fecurity foe the fame to thefe who have right to the by-gone Annualrents , when they take the benefit of the forefaid forbearance, in manner after-mentioned; or at any other time that the fame fhall be demanded?' Which Security to be granted for the faid by-gone Annualrents, made up in a principal Sum, fhall hear obliegment to pay Annualrent for the fame, in manner and from the tearms after-fpecified , viz. For a third part thereof, from Whitfunday next , one thoufand, fix hundred, and fixty two years ; and for an other third part, from Martimefie thereafter, in the faid year , and for the laft third part , from Whitfunday , in the year one thoufand, fix hundred, and fixty three, duringthe not payment of the faid principal Sum fo made up, for which, perfonal execution is to be forborne , as for the other principal Sums , by the fpace a- forefaid of fix years after Whitfunday laft. And without prejudice of the Security to be granted in man- ner forefaid , It is alfo Declared and Ordained , that the faid by-gone Annualrents , are made up, and mail beholden and efteemed principal Sums; And that Annualrents fliall be due and payable for the fame from the tearms and in manner forefaid , and that execution fhall follow at the inftance of thofe who have: right