Page:The Laws and Acts of Parliament of Scotland.djvu/556

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tation of the Kirks, with the Peace, and Quietneſs of that Our Ancient Kingdom, PRONOUNCE Our Sentence, and Determination as followes. IN THE FIRST, as to the compoſition to be given by Us, for the Few-mails, Few-ferms, and other conſtant Rent of the ſaids Superiorities, Wee Find, and Decern the ſum of One Thousand merks Scots money to be a competent, and reaſonable ſatiſfaction, to be payed for each Chalder of Few-ferms Victual over-head, and for each Hundred merks money worth of all other conſtant Rent, of the ſaids Superiorities (not conſiſting in Victual, or Money, and not being naked ſervice of Vaſſals) the ſame being valued, and redacted in Moneys by Our Commiſſioners after-ſpecified: Deducing alwayes of the ſaids Few-ferms. Few-mails, and other conſtant Rent foreſaid, the Blench-dewties contained in the Infeſtments of Erections made to the ſaids Submitters, or to their Authours: For the which Wee find that Wee ought, nor mould give no ſatiſfaction, in reſpect the ſame pertains to Us, as Our proper Rent, by their ſaids Infeſtments of Erections. And becauſe It is not conſtant what is the true Rental, and quantity of the ſaids Few-ferms, Few-mails, & other conſtant Rent of the ſaids Superiorities & what part therof pertains to every particular Perſon, and what is free deducing the ſaids Blench-dewties, without the which were tryed, and known, there can be no payment made to them of the ſaid compoſition, and ſatiſfaction; THEREFORE Wee Ordain the ſaids Lords of Erections, and all others having right to any part of the ſaids Few-ferms, Few-mails, and other conſtant Rent foreſaid of the ſaids Superiorities, to give in the juſt Rental of the ſaids Few-ferms, Few-mails, and other conſtant Rent of the ſaids Superiorities, and what par thereof pertains to every particular Perſon heretably in Life-rent, or otherwiſe; and what part thereof is preſently payed, or hath been payed to them, or any of them, having, or pretending right thereto, of the years preceeding the deceaſe of Our Umquhile deareſt Father of Eternal memory, and ſenſyne; and what is free thereof deducing the ſaids Blench-dewties before Our Commiſſioners nominat, or to be nominat by Us to that effect at ſuch dayes, and times as they ſhall be required thereto: And to ſubſcribe the ſaids Rentals with their hands, and therein to be bound to Warrand the ſaids Rentals to be juſt Rentals thereof, from their own deed; and that the ſame hath been payed theſe Seven years immediatiy by-gone, at the leaſt payable by lawful Fews ſet before the Act of Annexation: And that the ſame is not burdened with any penſion, nor Liferent, nor other right flowing from them, their Authours, or Predeceſſours, ſince the date of their Erections, which may prejudge Our preſent Intromiſſion therewith: Which being done, and the ſaids Rentals tryed, allowed, and approven, by Our ſaids Commiſſioners, DECERNS, and ORDAINS, Our Theſaurer, Theſaurer-depute, and Receivers of Our Rents preſent, & to come to make a good & thankful payment to them, and every one of them, according to the ſaids Rentals, to be tryed by Our ſaids Commiſſioners, of the ſaid ſum of an Thouſand merks, for each Chalder of Few-ferms, & for each Hundred merks of Few-mails, and for each Hundred merks worth of all other conſtant Rent foreſaid, of the ſaids Superiorities being valued, and redacted in Moneys by Our ſaids Commiſſioners, deducing the ſaids Blench-dewties as ſaid is, and that within the ſpace of a Moneth thereafter, with this ſpecial proviſion, and declaration: That in caſe Our ſaid Theſaurer-Principal, Theſaurer-Deput, and Receiverers, failzie in payment, that then, and in that caſe, the ſaids Lords of Erections, and other Perſons foreſaids, having right to the ſaids Few-ferms, Few-mails, and other conſtant Rent foreſaid of the ſaids Superiorities, ſhall have good right to meddle, and intromet with the ſaids Few-ferms, Few-mails, and other conſtant Rent foreſaid, of all years, and terms thereafter, ay and while the ſaids ſums be realy payed, and ſatiſfied to them, and als with this proviſion, that if it ſhall happen any of the ſaids Lords of Erection, or any others having, or pretending right to the ſaids Few-ferms, Few-mails, and other conſtant Rent foreſaid to failzie in compearing before the ſaids Lords Commiſſioners, and giving up of the true Rentals thereof, in manner above-deſigned, at the diets, and times to be aſſigned to them; That then, and in that caſe, it ſhall be lawful to Us, and Our Theſaurers, and Receivers, to intromet with the ſaids Few-ferms, Few-mails, and other conſtant Rent of the ſaids Superiorities, they alwayes being acted, and bound before Our ſaids Commiſſioners, appointed, or to be appointed by Us, to pay to the Perſon ſua failzieand the ſaid price, and compoſition of an Thouſand merks money for each Chalder, or Hundred merks of the ſaids Few-ferms, Few-mails, and other conſtant Rent foreſaid: And that within the ſpace of a Moneth after they ſhall give up a juſt, and true Rental, in manner, and with Warrandice above-expreſt, and that the ſame ſhall be tryed, and found by Our ſaids Commiſſioners, to be juſt, and Lawful: And als with this proviſion, that if the Failziers ſhall purge themſelves, by lawful, and reaſonable cauſes before Our ſaids Commiſſioners, of their not up-giving of their Rentals. That then, and in that caſe, Our ſaids Commiſſioners ſhall have power to appoint to them whoſe failzie ſhall be ſo purged, Annual-rent at Ten of the Hundred, from the time of Our Theſaurer's entry to their ſaide Few-mails, to the time of the payment of the ſaid Compoſition, which is appointed to be made at the up-giving of their ſaid Rentals in manner foreſaid. And becauſe, in trying of the Rentals of the ſaids Fewferms, Few-mails and other conſtant Rent foreſaid, there may occur queſtion betwixt Two, or moe Perſons, and Parties claiming right to the ſaids Few-ferms, Few-mails, and other conſtant Rent foreſaid, in whole or in part, by Infeſtments, Penſions, Life-rents, or other Right ſtanding in their Perſon; In the which caſe Juſtice, and Equity craveth that each Perſon ſhall receive a portion of the ſaid ſatiſfaction, acording to the quality of their Right, whether the ſame be Life-rent, Fee, Penſion, Annual-rent, or other Right whatſoever, THEREFORE Wee Ordain Our ſaids Commiſſioners to take trial of the ſaids ſeveral Rights,

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