buy them and pay the price of the same to these ouners if they be knoune And if they be not knoune to consigne the prices therof in the hands of the Provest one of the Baillies or Dean of Gild of the said burgh To be furthcomeing to these who have interest therto And if no man will buy them It shall be lawfull to the said Provest and Baillies after appriseing therof as said is and payment or consignation of the prices of the same To cast doun the said ruinous houses and cause build the same of new And his Maiestie with advice forsaid Declares That it shall not be lawful in tymecomeing to any maner of persone to persew them nor their successours thairfor nor pretend any right nor interest therto Bot that the said right shall be a perfect security to the builders thairof and their successours 0' CAP. 31. [1663, cap. 21.] ACT anent Manses and Gleibs and poinding for UR Soveraigne Lord. . . . with advice and consent of the Estates of Parliament . because notwithstanding of diverse acts of Parliament made of befor diverse ministers are not yet sufficiently provyded with manses and gleibs and others doe not get their manses frie at their entrie . . . . Statuts and Ordains that whair competent manses are not alreadie built the heritors of the paroche at the sight of the Bishop of the Diocess or such ministers as he shall appoint with tuo or three of the most knowing and discreit men of the paroch build competent manses to their Minister the expences thairof not exceiding one thousand punds and not being beneath fyve hundreth merks And wher competent manses are alreadie built Ordaines the heritors of the paroche to releive the Minister and his executors of all cost charges and expences for repairing of the forsaids manses Declareing heirby that the Manses being once built and repaired and the building or repareing satisfied and payed by the heritors in maner forsaid the saids manses shall therafter be vpholden by the incumbent Ministers dureing their possession And by the heritors in time of vacancy out of the readiest of the vacand stipend In lykmaner Ordains that every Minister have fewell foggage feall and devots according to the act of Parliament made in anno 1593 As also that every Minister (except such Ministers of royall burrowes who have no right to Gleibs) have grasse for ane horse and tuo kyne over and above their Gleib to be designed out of kirklands and with releiff according to the former acts of Parliament standing in force And if ther be no kirklands lyeing neir the Ministers manse out of which the grasse for ane horse and tuo kyne may be designed or otherwise if the saids kirklands be arable land In either of these caces Ordaines the heritors to pay to the Minister and his successors yeerly the sume of tuenty pund scots for the said grass for ane horse and tuo kyne the heritors alwayes being releived according to the law standing of other heritors of kirklands in the said paroche And because severall kirks have no gleibs as yet designed to them It is heirby specially provyded that in all designations of Gleibs incorporat acres in village or toun wher the heritor hath houses and gardens the same shall not be designed he alwayes giveing other lands nearest to the kirk And his Maiestie with advice forsaid for speciall causes and considerations Declares that this present act as to the manses is to have force As if the same had been made and dated the fourteinth of March one thousand sex hundreth fourty nyne [In part rep., 6 Ed. 7 c. 38 (S.L.R.).] CAP. 34. [1663, cap. 28.] COMMISSION for plantation of Kirks and valuation of Teinds THE THE Kings most excellent Maiestie being desireous to prosecute the worke of valuation of teinds and plantation of kirks in reference to his oune interest for the annuitie and the vniversall good of his people especially for the encouragement of the Ministers of the Gospell Doth with advice and consent of his Estates of Parliament Ratifie and Approve the nynteinth act of the Parliament holden at Edinburgh by his Royall father of blessed memorie in anno 1633 (entituled Commission for valuation of teinds) in the whole heids clauses and conditions thairof Except in so far as ther hath been any alterations made therin by acts and commissions made and granted be his Maiestie since the date of the said act or granted by any pretendit Parliaments since and which are ratified salved or reserved by this present Parliament and which alterations are not destructive of and contrary to this present act or any clause thairof And siclyk Ratifies and approves the sextie one act of the first Session of this present Parliament entituled Commission for plantation of kirks &c. In the whole heids articles and clauses thairof Except in so far as the same may be contrary to this present act as said is And his Maiestie with advice and consent forsaid Gives full power and Commission to James Archbishop of St Andrewes William Earle of Glencairne Chancellour Johne Earle of Rothes Thesaurer Alexander Archbishop of Glasgow William Earle Marishall Privyseall Duke of Hammilton Marques of Montrose Earle of Lawderdale Secretary Earle of Eglintoun Earle of Linlithgow Earle of Kellie Earle of Hadingtoun Earle of Annandale Earle of Leven Earle of Tueddale George Bishop of Edinburgh James Bishop of Galloway George Bishop of Dunkell Bishop of Aberdein Johne Bishop of Ross Robert Bishop of Dunblane Bishop of Orknay William Lord Bellenden Thesaurer Deput Sir John Gilmoir president of the Session Sir Archibald Primerose Clerk Register His Maiesties advocat Sir Johne Home of Renton Justice Clerk Sir James Lockhart of Lee Sir John Skougall of Whitekirk Charles Maitland of Haltoun Sir Thomas Hammilton of Prestoun Sir Johne Wauchop of Nidrie Sir Robert fletcher of Saltoun Sir Henry Wardlaw of Pittrevie William Scot of Ardross Sir Andrew Ramesay Provest of Edinburgh Sir Robert Murray ther Sir Archibald Sydserff Sir Alexander Wedderburn Sir William Thomson Johne Milne Robert Lentron Provest of St Andrews Mr John Paterson Provest of Pearth William Seatoun Provest of Hadington Or any fiftein of them Wherof three of the Clergie three of the Nobilitie three officers of State three Commissioners of Shires and three of burghs Of which number the Archbishop of St Andrews or the Chancellour or the Thesaurer or the Archbishop of Glasgow or the Privy Seale or the Secretary or the Duke of Hamilton or the Earle of Hadingtoun or any of them being alwayes one To meit and convein at Edinburgh the day of one thousand Sex hundreth and sextie yeers and at such other place or places times and dyets as they shall appoint To value and cause be valued whatsoever teinds great or small personage or viccarage of whatsoever lands within this Kingdome lyable to the payment of teinds which are yet vnvalued Excepting always the teiths of the Archbishops Bishops and other beneficed persons wherof they wer in real and actuall possession by leadeing and collecting the same in the yeer one thousand Sex hundreth tuenty eight and with provision that they be not preiudged of the fruits and rents of their severall benefices As the same wes possest by them anno 1637 Conforme to the Submission made by the Bishops to his Maiestie in the said yeer and decreit arbitrall following thervpon With power to the saids Commissioners or quorum forsaid to appoint subcommissioners conforme to the former acts and Commissions for valuation of teinds and receave reports from them And with power to them wher Ministers are not alreadie sufficiently provyded or have not localities assigned to them for their stipends out of the teinds within the paroche wher they serve the cure to modifie setle and appoint constant locall stipends to ilk minister out of the teinds of the paroche wher they serve the cure in so far as the same will amount to According to the quantities of victuall or money mentioned in the saids acts and commissions and to decide and proportion the saids localities And with power to disjoyne too large and spacious paroches to cause erect and build new Churches to dismember and annex kirks as they shall think just and to take order that every heritor and lyverenter shall have the leadeing and buyeing of their oune teinds if they be willing According to the rates prescribed be former Commissions Particularly by the Commission granted by his Maiestie with consent of the Estates of Parliament in anno 1633 With power to them to determine all questions concerning the prices of teinds betuixt titulars and others haveing right therto and the heritors And to appoint such securities in favors of the titulars and others haveing right to the teinds for the prices to be granted by the heritors payers of the valued dueties or buyers of the saids teinds and in favors of the Ministers as to their mantenance As the saids Commissioners shall think fitting According to the rule set doun in the saids former acts Namely in the said act anno 1633 Declareing that whair the viccarage of any paroche is a severall benefice and title from the personage the same shall be severally valued to the effect the Titulars or Ministers serveing the cure haveing right to the said viccarage be not frustrat of the true worth therof And that titulars and others haveing right to the teinds shall not be forced to dispone any teinds valued or to be valued which shall be assigned disponed and allocat to the Minister serveing the cure of the paroche And also with power to the saids Commissioners or quorum forsaid to rectifie whatsoever valuations 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 mantenance and provisions or of his Maiesties annuitie Provyded alwayes Lykeas it is heirby expreslie provyded that whair valuations are lawfully led against all parties haveing interest and allowed by former Commissions the same shall not be drawne in question nor rectified vpon the pretence of enorm lesion at the instance of the Minister (not being titular) or at the instance of his Maiesties Advocat inrespect of his Maiesties annuitie except it be proven that collusion wes vsed betuixt the titulars and heritors or betuixt the proctor fiscall and heritors and titulars Which collusion is declared to be wher the valuations ar led with the diminution of the thrid of the just rent Which diminution shall be proven be the parties oaths And albeit all the acts in the pretendit Parliaments in the yeers 1640 1641 and therafter Are declared by ane act of this Parliament null and of no availl in all timecomeing Yet it is heirby declared that all and whatsoever valuations acts sentences and decreits done and past by any Commissions granted by the saids pretendit Parliaments with all executions vsed or to be vsed thervpon Are and shall be als valeid in all timecomeing As if the saids valuations acts sentences and decreits had been given and pronunced by persons legallie impowered to that effect Any thing in the forsaid Rescissorie act to the contrary notwithstanding Excepting such decreits of valuation modification of stipends or augmentations thairof past and granted since the yeer 1637 Wherby the saids Archbishops or Bishops are preiudged of any parte of their rents wherof they wer in possession in the said yeer 1637 And although by a speciall act of this present Parliament the pretendit Parliament holden in anno 1649 and in the begining of the yeer 1650 Is from the begining declared voyd and null and all that had followed thervpon Yet nevertheles his Maiestie doeth with advice forsaid Authorize all valuations acts decreits and sentences led deduced and pronunced by the Commissions one or moe appointed by the said pretendit Parliament for plantation of kirks and valuation of teinds and all execution competent thervpon Excepting such decreits and sentences given in favors of Ministers for their stipends or for divydeing vniteing annexing or building of Kirks which shall be fund to have been vnjustly or exorbitantly decerned The determination whairof is heirby referred by his Maiestie with consent forsaid to the saids Commissioners that they after heareing of parties and consideration of particulars may take such course for altering annulling or allowing of the saids acts decreits and sentences as they shall think fitting conforme to the lawes practick and custom observed preceiding the yeer 1649 And ordaines processes vpon supplications to be summarly granted parties being alwayes ceited And that without any reduction And it shall be lawfull to the saids Commissioners or quorum forsaid to proceid in all summons and actions to be intendit for that effect within the space of tuo yeers after the first dounsitting of the Commission And wheras it may fall out that some of the saids Commissioners may be vnable to attend the service through death seiknes or other knoune impediment Thairfor his Maiestie Declares that he shall be carefull to fill their places with other persons qualified whose oaths for faithfull discharge of the same Shall be taken by the Lord Chancellour or in his absence by the President of the said Commission for the tyme And Ordaines this present Commission to endure ay and whill the same be discharged by his Maiestie And the acts decreits and sentences thairof to have the force strenth and effect of a decreit and sentence of Parliament And the Lords of Session to grant and direct letters of horning Poinding and others requisite in maner contained in the forsaids Commissions And considering that it wes the will and pleasure of his Maiesties Royall father that all heritors who should be willing to buy Should have their oune teinds at reasonable rates Therfor his Maiestie with advice forsaid Statuts and Ordains That all heritors whose teinds are not valued (excepting as is formerly excepted in this Commission) shall have liberty to value and buy the same at such rates as is contained in the acts of Parliament 1633 With power to the saids Commissioners to augment the saids rates according to the burden of augmentation and others sustained by the Titulars since the saids acts and the saids heritors to have the liberty of buyeing as said is within the space of three yeers after the valuation With this declaration alwayes that incaice the impediment dureing the time forsaid flow from the Titular by reason of his minority or other inability In that cace the heritor who offers himselff readie to buy his oune teinds within the space forsaid Shall have place so soon as the impediment is removed to buy his teinds Notwithstanding of the expireing of the yeers and space above exprest And it is declared that if the heritor be minor and his Tutors neglect the buyeing of his teinds within the forsaid space The minor shall have action for tuo yeers after his minority to compell the Titular for selling of his saids teinds And his Maiestie with consent forsaid heirby discharges all former Commissions Declareing the same to be expyred |