Imatges de pàgina
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and estimat according to nyne yeirs purchase The pryces of Victuall and other bodies of goods quhairof the teinds consist being redacted in money According to the worth and pryce of victuall and goodes in ilk pairt of the cuntrie To the quhich the same is and sall be pryzed and estimat by the saids former commissiones of surranders and teinds Or by the commissioners to be appointit by his Majestie with consent of the estates And also haue fund and declarit That ilk heretor in the kingdome being willing to buy his awin teind frome the titulars having power to sell the same sall be obliged to buy the teind of his awin lands except soe much as sall be locallie assigned to the minister serving the cure for his maintenance And to pay the pryces forsaids to the titulars betuixt and the particular tymes and dyetts exprest in the said act And also haue fund that the heretors sall be obliged to giue to the lyfrentar of the lands the leading of thair awin teinds for payment of the rate of teind of the same And also haue fund that in all caices quhair teinds ar not coft That the heretors or lyfrentars of lands quha haue the leiding of thair awin teinds by thameselffes thair tennants and others in thair names sall be obliged to pay to the titulars of the saids teinds The yeirlie rate thairof According to the order sett downe and prescryvit by the former commissiones or to be sett downe by the commissioners to be appointed by his Majestie with consent of the estates deducing soe much thairof as sall be assigned to the ministers for thair maintenance And becaus sundrie questiones may aryse Anent the valuationes of teinds and pryces thairof And anent the securities to be maid by the titulars to the heritors quho by thair teinds and by the heritors to the titulars of the pryce to be payit for the same quhen the teinds ar coft or for payment of the rate of teind quhair the same is not coft And anent the provisiones of the kirks with competent maintenance and other particulars mentionat in the said act THAIRFOR His Majestie and estates by the said act did referre the determinatione thairof To the commissioners to be appointit by his Majestie and estates With these declarationes alwayes That his Majestie sall haue his annwitie payit furth of the teinds According to the tenour of the said act of annwitie And that the Archbischops Bischops parsones viccars and other beneficed persones being ministers and thair successors sould be no farther obliged in any of the premisses Bot according to the provisiones and conditiones exprest in the submissione maid by the Bischops to his Majestie Which is of the dait the of 1628 yeirs and registrat in the saids bookes of surranders and teinds vpon the thretteine of July 1631 yeirs And that the viccarages of ilk kirk being a severall benefice and title sould be seuerallie valued To the effect the titulars and ministers serving the cure quho haue richt to the saids viccarages sould not be frustrat of the trew worth of the saids viccarages And siclyk his Majestie and estates by ane other act haue fund and declarit That his Majestie and his successors haue and sall haue wndoubted richt to the superiorities of quhatsumever erectiones few maills few fermes and other casualities thairof Reserving to such lords and titulars of erectioun quha subscrived the generall

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surrander the few maills and few fermes of thair saids superiorities ay and while they receave payment and satisfactioun of the sovme of ane thousand merkes vsuall money of Scotland for ilk chalder of few ferme victuall and for ilk hundreth markes of few maills and for ilk hundreth markes of all other constant rent of the saids superiorities not consisting in victuall or money And not being naked service of vassalls According to the tenour of his Majesties generall determinatione And conforme to the conditiones thairin contenit As in the saids thrie actes of this present parliament at mair lenth is exprest AND forasmuch as it is necessarie for determinatione of the particulars forsaids and of all such other pointes Which ar fitt and expedient for the finisching and full perfectione of the said glorious worke anent the teinds maintenance of ministers and other forsaids That a commissione be grantit by his Majestie with consent of the estates and by authoritie of this present parliament THAIRFOR his Majestie with consent of the saids estates haith grantit and by these presents granteth full power and commissione To the persones eftir following To witt nyne of the clergie Nyne of the nobilitie Nyne of the small barounes and nyne of the burgesses Togither with my lord Chancellar and aucht officers of estate videlicet George Erle of kinnowll Chancellour Williame Earle of Morton Thesaurar Johne Archbischope of Sanctandrois Thomas Earle of Hadingtoun lord privie seale Patrick Archbischope of Glasgow Williame Earle Marschall George Earle of wintoun Johne Earle of Perth John Earle of kinghorne Williame Earle of Dumfreis Williame Earle of Sterling secretarie David Earle of Southask Johne Earle of Traquair thesaurer deputte Johne Earle of Weymes Archibald lord Napier George lord Corstorphine Alexander Bischope of Dunkell Johne Bischope of Murray Johne Bischope of Rosse Adame Bischope of Dunblane David bischope of Brichen Andrew bischope of Argyle George bischop of orknay Sir Johne hay clerk of Register Sir Thomas hope advocate Sir George elphingstoun justice clerk Sir James galloway Maister of requeists Sir robert spottiswoode Sir James learmonth Sir James lokhart younger of ley Sir Johne charteris Sir Robert grier Johne boyll of kelburne Sir Williame dowglas of Cavers The laird of Inchemairteine The laird of lugtoun Johne Sinclair Johne Maknacht Archibald tod Edward edger Maister Alexander guthrie Gabriell cwninghame Robert tailyeor Williame mecklejohne and Maister Robert cwnighame or any fyfteine of thame thair being thrie of everie estate with thrie of his Majesties officers of estate Of Which number of fyfteine The lords chancellor Thesaurer and privie seale Archbischops of Sanctandrois or Glasgow Earle Marschall and Earle of wintoun or any of thame sall be one To meitt and conveine at Holyrudhous or Edinburgh at such tymes and places as they sall think fitt And thair to prosecute and fallow furth the valuatione of quhatsumever teinds parsonage or viccarage within the kingdome Which ar as yett wnvalued And also to receaue the reports frome the subcommissioners appointit within ilk presbitrie of the valuationes of quhatsumever teinds led and deduicit befor thame According to the tenour of the subcommissiones direct to

that effect And to allow or disallow the same According as the same sall be fund agriable or disagriable frome the tenour of thair subcommissiones And also with power to rectifie quhatsumever valuationes led or to be led to the enorme prejudice of the titulars and to the hurt and detriment of the kirk And prejudice of the ministers maintenance and provisiones or of his Majesties annwitie And for the better expeding and advancing of the saids valuationes with power to appoint committies or subcommitties of thair awin number To receaue the reports of the saids valuationes maid or to be maid And to receave admitt and examine witnesses And to tak pairties oathes with thair depositiones quhair the same is referrit to oath And to give such farther power to the saids committies or subcommitties of thair awin number As they sall think fitt for the good of the worke and speidie finisching of the same And siclyk with power to thame if neid be To appoint subcommissioners not being of thair awin number within any parochin or presbitrie of the cuntrie for leading and deduicing of the saids valuationes And to receave the reports thairof allow or disallow of the same And generallie with power to thame To sett downe quhatsumever other order or course Which sall be thocht fitt and expedient for dispach of the saids valuationes rectifieing thairof or final closing of the same And Siclyk with power to the saids commissioners or any fyfteine of thame as said is thair being thrie of ilk estate with any one of the persones of the quorum abonespecifiet eftir the closing and allowance of ilk kirk and parochin of the valuatione thairof To appoint modifie and sett downe a constant and locall stipend and maintenance to ilk minister To be payit out of the teinds of ilk parochine According to the tenour of the actes abonespecifiet Referring Lykas his Majestie referrs with consent of the saids estates to the saids commissioners The tryall of The reasones and causes Which may move the saids commissioners to goe beneath the quantitie of aucht chalder of victuall or of aucht hundreth markes of money proportionallie in maner contenit in the said act And Siclyk with power to the saids commissioners To divide ample and spatious parochines quhair the same sall be fund necessarie and expedient or to vnite divers kirks in whole or in pairt to others And to ratifie and allow eftir tryall and consideratione such vnioun or dismembring of parochines as haith beine formerlie maid by vertew of the former commissiones And siclyk with power to thame To appoint and provyde for such other pious vses in each parochin as the estate thairof may bear And siclyk with power to the saids commissioners as said is To tak order that everie heretor and lyfrentar of lands sall haue the leiding of thair awin teinds parsonages and viccarages thairof they paying the pryce contenit in the act abonespecifiet incaice they be willing to buy the same frome the titular having power to sell or otherwayes paying the rate of teind exprest in the forsaid act And to that effect with power to the saids commissioners to sett downe the pryces of sellable teinds According to the worth thairof in each pairt of the cuntrie quhair the same grow and are bred And also with power to thame to sett downe such good and ample securities as may stand by law both for the buyers of teinds To

the effect the titulars may be fullie denudit in thair favour And also for securitie to the titulars and sellers of the pryce dew to be payit to thame for the saids teinds And also to sett downe the securitie in favours of the titulars and of the ministers soe far as concernes the maintenance assigned to thame for good thankfull and tymous payment of the rate of teind quhair the same ar not or can not be sold And siclyk with power to the saids commissioners To discusse and determine all questiones Which may aryse betuixt the titulars and heretors Anent the pryce of teinds According to the natur and qualitie of the richts to be sold Whither the same be heretable or temporall And to proportionat the pryce accordinglie And also to divide the pryce of teinds betuix heretors and lyfrentars thairof And betuix titulars takismen and others quha haue seuerall and distinct richts to the saids teinds sellable According to the qualitie of thair richts And also with power to thame To caus the titulars quha sell thair saids teinds To exhibite thair richts and titles To the effect that they may be lawfullie denudit thairof in favour of the saids heretors and lyfrentars respective Without prejudice alwayes to his Majesties annwitie to be payit furth of the saids teinds by the saids titulars of teinds or heritors or lyfrentars of lands According to the tenour of the said act of annwitie And generallie with power to the saids commissioners To decide and determine in all other pointes Which may concerne the leading and drawing of teinds the selling and buying of the same or payment of the rate thairof contenit in the actes of parliament abonespecifiet or sett downe in his Majesties generall determinatione With this provisione and declaratione alwayes That the Archbischops Bischops parsones viccars and other beneficed persones being ministers and thair successors sall be no farther bund Bot according to the provisiones and conditiones exprest in the submissione maid by the Bischops to his Majestie Which is of the dait the day of 1628 yeirs And registrat in the buikes of commissione of surranders and teinds Vpon the thretteine day of July 1631 Which provisiones and conditiones ar holden as exprest heirin And also with this provisione That the viccarages of each kirk being a seuerall benefice and title frome the personage sall be seuerallie valued To the effect the titulars or ministers serving the cure quho haue richt to the saids viccarages be not frustrat of the trew worth of the saids viccarages And Siclyk becaus be the act abonespecifiet maid anent superiorities of erectiones in favours of his Majestie Thair is special reservatione maid to such titulars and lords of erectioun As haue subscryved the generall surrander of the few maills few fermes and other constant rent of the saids superiorities ay and while they be payit of the pryce thairof contenit in his Majesties generall determinatione And according to the provisiones specifiet thairin Thairfor his Majestie and estates give full power to the saids commissioners or any fyfteine of thame as said is To call and conveine befor thame the lords of erectioun and vthers having richt to the saids few mails and fewfermes and other constant rent of the superiorities of kirklands at such particular dyetts as they sall appoint And to wrge the saids

lords of erectioun and others forsaids to giue vp thair rentalls of thair saids few maills few fermes and vther constant rent forsaid of thair saids superiorities conforme to his Majesties decreit and determinatione givin out thairanent And with certificatioun as is thairin conteinit And to liquidat the other constant rent of the saids superiorities not consisting in victuall or silver To the effect eftir the full tryall of the said rentall and liquidatione thairof The saids lords of erectione may receaue the pryce of a thousand markes for each chalder of few fermes And for each hundreth markes of the other constant rent being redacted in money in whole or in pairt proportionallie frome his Majesties thesaurers principall or deputte And incaice of the absence and refusall of the saids titulars and lords of erectioun That the same may be consigned in the hands of the clerk to the saids commissioners To remaine consigned for thair behoue eftir the which consignatione it sall be lawful to his Majesties thesaurers principall or deputte To vplift receaue and intromett with the saids few maills few fermes and other constant rent forsaid of all yeares and termes eftir the said consignatione According to the tenour of the said generall determinatione And also with power to the saids commissioners as said is To discusse and determine all questiounes that may aryse betuix the saids lords of erectioun and the heritors of the ground. pensioners lyfrenters and others pretending richt to the saids few maills and few fermes And to divide the pryce amongst thame According to the qualitie of thair richts And all other questiones anent the few maills few fermes and other constant rent forsaid Which by his Majesties generall determinatione is referrit to the determinatione of the commissioners to be appointit To that effect And quhairas it may fall out that some of the commissioners now appointit by his Majestie and estates may be wnable to attend the service through death seiknes or some other notour and knowne impediments Thairfor his Majestie reserves to himselff the nomination of such other persones in thair places as his Majestie sall think fitt Whome his Majestie by his letters sall recommend to the saids commissioners To the intent they may receaue and admitt thame vpon the said commissione and tak thair oathes for faithfull dischairge of the same And his Majestie and estates ordaine this present commissione to indure wnto the last day of december in the yeir of god 1635 years And farther induring his Majesties pleasure And ay and while the same be expreslie dischairgit by his Majesties warrand or letter to that effect And his Majestie with consent of the estates forsaids finds declares and ordaines the actes decreits and ordinances of the commissioners forsaids and of the other persones quha sall be surrogatte in thair places by his Majestie in maner forsaid in the whole particulars abonespecifiet and everie one of thame To haue the strenth force and authoritie of a decreit sentence and act of parliament And ordaines the lords of sessione to grant and direct letters of horning poinding and others thairvpon vpon a simple chairge of ten dayes or otherwayes as sall be fund necessarie Attour for cleiring of all doubtes and difficulties Which may

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