pleased in the Moneth of Januar, the year of God 1627. years, for the ease of his Majesties Subjects, and removing of the general fears which were conceived, by reason of his Majesties Revocation, given forth, and published in the Moneth of October 1625. years, To grant Commission under his Majesties great Seal, to certain his Majesties Commissioners nominat in the said Commission, to meet, conveen, deale, and treat, anent such reasonable satisfaction, and composition, to be gevin to such of his Majesties Subjects, as had right to whatsoever erection of Benefices, Temporalities, Few-mails, Kirks, Teinds, and others foresaids, who should make surrender thereof in his Majesties hands, and anent the most convenient and lawful form how the saids Persons should be denuded of the Superiorities of the saids Erections, without any composition to be made therefore, except for the Fewmails, Few-ferms, and other constant Rent of the saids Superiorities; And how lawful Dispositions should be made to the Heretours, and Possessours of Lands, of the Teinds of the saids lands pertaining to Erections, for such composition, and yearly dewties, to be payed, and refounded to His Sacred Majesty, as the saids Commissioners should think expedient. With power to the saids Commissioners, to consult, and agree, upon the establishing, and annexing, of a certain Patrimony to the Crown and means thereof, to remain with the Crown for ever; As the said Commission of the date foresaid, bearing certain Declarations, Reservations, and other Provisions in favours of his Majesties Subjects having right to Erections; And in favours of Heretours, and Possessours of Lands, for securing of the Teinds of the same, at more lenth is contained. BY VERTUE, and conform to the which Commission, the saids Commissioners having now conveened, and treated anent the premisses, from the said Moneth of Januar, until the last day of June, last by-past: There was during that time a good progress made by them in the said business committed to their care, And by an Act of the date the Twenty ninth day of May last by-past, It was advised, concluded, and enacted, That His Majesty and His Successours, should have a constant, Rent and Dewty payed out of the whole Teinds of the said Kingdom consisting in victual, or silver, excepting the particular Teinds, excepted and reserved be the said Act, viz. Of every boll of the best Teind Wheat, Ten shillings, of every boll of best Teind Bear, Eight shillings, and of every Boll of the best Teind Oats, Pease, and Rye, Sex shillings, and so the saids Rents to be modified out of the whole of the Teind bolls of victual, of the Teinds foresaids, being of inferiour worth, goodness, and, prices, according to the proportion of the saids Dewties, and Rent, laid, and imposed upon the best Boll of every kinde, in manner foresaid, And where Oates are of the nature, that they will not render above half meale, the rent to be Three shillings : And also of every Hundred merks of Parsonage, and Viccarage Teinds, which are not Victual, the sum of Sex merks money, of yearly rent, and dewty: LIKEAS the saids Commissioners having entered upon consideration of the composition to have been given be his Saered Majesty, for the Few-mails, and other certain rent depending upon the Superiority of the saids Erections, and for the Teinds, Parsonage, and Viccarage, pertaining to the saids Erections, and anent the rate, and price of the saids Teinds; THE SAIDS COMMISSIONERS be their Act of the date 29. day of June, last by-past, Found, that all Superiorities of Erections, should be freely resigned and surrendered, in his Majesties hands, without any composition. And because the saids Commissioners could not uniformly agree anent the composition to be payed for the Fewferms, Few-mails, and other constant Rent of the said Superiorities, nor yet anent

the true estimation, in the rate, quantity, and prices of the same, Therefore, bo another Act of the date the 29. day of May last by-past, It was condescended that the determination thereof should be referred to his Sacred Majesty. AND all the saids persons acknowledging in all humility, his Majesties Royal and Princely care, providence, and wisdom, with his Fatherly and tender affection, tending to the removing of all these questions, and contraversies, and to the publick well, and good of the Kingdom: THEREFORE, All the saids Persons, have with one consent, and assent, of certain knowledge and proper motive, Ratified, and Approven of the said Act maid be the saids Commissioners, anent the said constant Rent, and Dewty, to be payed to his Majesty, and His Successours, forth of the Rents of the Kingdom, except, as is excepted in the said Act, and with the quality, restrictions, and provisions, mentioned in the said Act, which is of date the 29. of May last by-past, Together with the said other Act made upon the said 29. of June last by-past: Whereby It is Ordained, That all Superiorities of Erections shall be freely resigned, and surrendered in his Majesties hands: Likeas the saids persons, and every one of them, for all Right, and Title, which they have, or may pretend to the Superiorities of whatsoever Lands pertaining to whatsoever Benefices erected, of whatsoever Title, name, or designation, the same be, Are content in all humility, promptitude, and alacrity of mind, To make surrender of the saids Superiorities, in manner after-mentioned. And therefore They, and every one of them, of certain knowledge, and proper motive, have made, constitute, and ordained, and be their presents makes, constituts, and Ordains, Master William Elphingstoun, Cup-bearer to his Majesty, and

Their Procuratours: With power to them, and ilk ane of them, conjunctly, and severally, to compear before their Gracious, and Dread Soveraign, his Sacred Majesty, and his Successours, or before their Commissioners, having power to receive Resignations, whatsoever day, and place convenient, and there, with all humility and reverence as becomes, To Resign, up-give, and Surrender, in the hands of their said Gracious, and Dread Soveraign, his Sacred Majesty, and his Successours, or in the hands of their Commissioners foresaids, Ad perpetuam remanentiam: Likeas they and every one of them, for their own right, for them, and their Successours, Resigns, and Surrenders in his Majesties hands, Ad perpetuam remanentiam, The Right and Title of Superiority, of all and sundrie Lands, Barronies, Milnes, Woods, Fishings, Towers, Fortalices, Mannour-places, and other Pertinents, pertaining to whatsoever Erections, and Temporalities of Benefices, of whatsoever Title, name, or designation, the same be, to which, they, or any of them, have, or may pretend to have, or pretend right of Superiority, at the day and date of their presents, and which are holden of them, as Lords of Erection be

Reserving unto them, and every one of them, the Few-mails, and Fewferms, of their said Superiorities, ay and while they receive payment, and satisfaction, of that which shall be ordained to be payed to them for the same, in manner after-mentioned. LIKEAS, It is expresly provided, and declared, that they shall use, bruick, and possess, the saids Few-mails, and Few-ferms, of the saids Superiorities, ay and while they receive payment, and satisfaction, of the composition which shall be ordained, and appointed to them, be vertue of the Submission after-mentioned, and that by vertue of their present Rights and Infeftments of the same; Notwithstanding of the surrender, and resignation above-specified, or any thing that shall follow thereupon. And als it is expressly declared, that under the Surrenders, and Resignations above-specified, shall no wayes be comprehended, the right of proper

M

ty of whatsoever Lands, Barronies, Woods, Fishings, Manour-places, Milns, Multers, and Others of the saids erected Benefices, pertaining to the saids Surrenderers in property, and whereof they have had, or acquired the right of property of before, or since the saids Erections, be whatsoever manner of way, according to the Law of the Kingdom, To he holden of his Majesty, and His Successours, as the same were holden before the date of the saids Erections: And also reserving to them, the whole provisions, reservations, and other favours, and Benefites, granted, and reserved to them, be his Sacred Majesty, be vertue of the said Commission: And specially, but prejudice of the generality foresaid, Reserving the particular clauses following, whereby his Sacred Majesty hath declared, That it is not his Majesties intention, nor pleasure, to quarrel, and annull, any of the confirmed Fewes, or other lawfull Rights of any of the Lands, Temporalities of Benefices, formerly set be the Ancient Titulars thereof, without diminution of the Rentals, or Fewes granted be his Majesties late Father, to any of the Lords of Erection before their Erections, without diminution of the Rentals, or Fewes bought bona fide, be any of the Lords of Erection, or by any other from them, before his Majesties late Revocation, from any Heretour thereof, without diminution of the Rentals, nor yet to quarrel, nor annull, any of the saids Fewes, set be the saids Lords of Erection, before his Majesties late Revocation, to any of their own Vassals, without diminution of the old rental. And whereby it is declared, That it is his Majesties special will and pleasure, That the Mansions, Circuits, Places, Orchards, and Gardens, of all the saids erected Benefices, shall be fewed unto such of the saids Lords of Erections as are in present actual possession thereof, without any other composition then a very small Few-dewtie, to be a testimony, that the same are holden of his Majesty immediatly. And also that such Demessuages, and other Messuages Lands, or other parts of the said Temporalities of Benefices, as were never of before set in Few, or Rental, by the Ancient Titulars before the Act of Annexation, nor by his Majesties dearest Father of Eternal, memory, since the said Act, and yet is presently possest be any of the saids Lords of Erections, May, and shall be fewed to the saids Lords of Erections, and to no others over their heads nor to their prejudice, and that for such reasonable Few-dewties, as the saids Commissioners shall appoint. And als that such Lands of the Temporalities of Benefices which are not erected, shall be Fewed to the present Possessours thereof, and to no others, for such a reasonable composition, and Few-dewties, as the saids Commissioners shall think fit, according to the validity and invalidity of their present Titles, which his Majesty is graciously pleased to amend to them, by all the lawful wayes, and means that shall be advised by the saids Commissioners. Which whole Infeftments, Rights, and Securities, his Majesty hath graciously promised to be ratified, and secured by Deliverance, Decreet, and Confirmation of Parliament; As in the said Commission at more length is contained. And also it is specially provided, that the saids Persons, and every one of them, shall be no farther obliged in warrandice of the Resignation above-specified, but from their own proper fact, & deed allennerly. And siclike all the saids Persons have ratified and approven, and be thir presents Ratifies, and Approves the said Act made by the saids Commissioners upon the 29. of June last by-past, Where by the determination of the Composition for Few-mails, with the quantity, rate, and price of Teinds, is referred to His Sacred Majesty. And farther, To the effect, that this general and great work intended for the security of every Heretour his own Teinds, may be brought to full perfection, All the saids Persons of certain knowledge, and

proper motive, have of new submited, and by these presents submits, To his Majesty, to stand, & abide, at his Maj: Determination, and Decreet, anent what composition, and satisfaction, shall be given by his Majesty, to them, or any of them, for the Few-mails, Few-ferms, and other constant Rent of the saids Superiorities Resigned, and Surendered be them, in his Majesties hands, as said is; And doe freely, and absolutely by these presents submit to his Majesty, All and sundrie Teinds that they or any of them have of other Mens Lands, by whatsoever Right or Title, they possess or occupy the same: Submitting likewise to his Majesty, how they may be denuded thereof in his Majesties favours, omni habili modo quo de jure; And doe in like manner submit to his Majesty to appoint the quantity, and rate thereof, and what price shall be given them for the same, and what securities shall be made there anent, They alwayes being freed, and releived of the burden of Ministers, pro rata. And because his Majesty will take specially into his Princely consideration, the lawful Rights, and Tacks of Teinds, of Erected Benefices, and of all Laik Patronages, made and set to the present Possessours, or their Authors, by Lawful Abbots, Priors, Laick Patrons, and other Titulars of Benefices, lawfully set before the date of the saids Erections, and for the space, and years of the saids Tacks, Rights, and Patronages yet to run, to the effect they may have plenarie and full satisfaction for the saids Tacks, Rights, and Patronages, according as his Majesty shall find the validity thereof, as is usual in the like cases, with the burden alwayes of his Majesties Annuity above mentioned, And to the effect his Majesty may be informed of their saids Tacks and Rights, before the giving forth of his Majesties determination in the premisses; such of the Lords of Erection, and other Persons foresaids, as have such Rights, and Tacks, made, and set to them, or their Predecessours, or Authors, before the saids Erections, shall be oblidged to exhibit, Likeas they oblidge themselves, to exhibite, and produce the saids Rights and Writs, to his Majesties Advocats, at such diets, and times, as shall be Ordained by his Sacred Majesty, or his Majesties Chancellour, at his Majesties command, and direction, before the giving forth of his Majesties determination upon the premisses. AND ALSO, it is specially PROVIDED, that this present Submission, shall no wayes be extended, to the Teinds of whatsoever Lands, and Barronies, pertaining to the saids Persons Surrenderers in pro perty, but that the Teinds of their own Lands shall be specially excepted out of this present Submission, the same being alwayes subject and lyable to his Majesties annuity foresaid. AND ALSO IT IS PROVIDED That this present Sub mission shall be no wayes prejudicial, to whatsoever action of Warrandice, com petent to the saids Persons Submitters, or any of them, against their Authors, from whom they bought, and acquired the Rights of the saids Teinds, which falls with in the compass of this present Submission, be sums of money; But that either their actions of Warandice, shall be reserved to them, conform to the tenour of the Rights made to them thereupon; Or otherwise, that the satisfaction to be decerned in their favours, shall be answerable to their Warrandice, and no wayes inferiour thereto, The saids Persons, and so many of them as have their actions of Warrandice reserved to them in manner foresaid, exhibiting, and producing their saids Rights bearing the warrandice foresaid, To his Majesties Advocats, at such diets, and times, as shall be appointed, & prescribed to them by his Majesty, or by his Majesties Chancellour, at his Majesties command, and direction, before the giving forth of his Majesties determination in the premisses. And all the saids Persons are content and consents, That his Sacred Majesty give forth

his pleasure, and determination, anent the premisses referred to his Majesty, in manner foresaid, betwixt the day, and date hereof, and the first day of August next to come. With power also to his Majesty to prorogate the time of his giving. forth of the said determination, to whatsoever, ever day or diet thereafter, as shall seem good to his Majesty, out of his Royal Wisdom. LIKEAS, all the saids Persons binds and oblidges them, their Heirs, and Successours, in all humility to fulfil, obtemper, and obey his Majesties said determination, They receiving lawful and perfect securities, conform to the tenour of his Majesties Commission foresaid; And also receiving real payment of that which shall be ordained be his Majesty, before they denude themselves, either of right or Possession, of the saids Fewmails, and Teinds, And that, at, or within such time or times, as his Majesty shall appoint, be his said determination. And for the more security, All the saids persons and every one of them are content, and consents, that thir presents, with his Majesties determination to follow thereupon, shall be Registrat in the books of Council and Session, and shall have the strength and force of a Decreet of the Lords thereof, with execution to pass thereupon, in form as effeirs: And the Horning to pass on a simple charge of Ten dayes allennerly; And to that effect makes and constituts

Their procuratours to compear and consent to the Registration hereof in manner foresaid, In Witness whereof (written be William Ferguson Writter in Edinburgh) All the saids persons have subscribed thir presents, with their hands, Likeas his Sacred Majesty, in token of His gracious acceptation hereof hath subscribed the same with His Majesties hand, days, year, and places foresaids, before thir Witnesses, &c. Sic subscribitur; Dupline, Lennox, Hamiltoun, Marr, Mareschal, Mortoun, Rothes, Menteith, Eglingtoun, for my self and my Son, Nithisdaile, Wintoun, Haddingtoun, Linlithgow, Buchan, Murray, Home, Roxburgh, Buccleugh, Lauderdale, for my self and my Son, Seaforth, Galloway, Annandale, Abercorne, Kellie, Aire, William Cuninghame, Boyd, Lindsay, Binning, as Curator for my Lord. Lindsay, Consents, Balmerinoch, Couper, Haly-rood-house, Cranstoun, Carnegie, Loudoun, Spynie, Lindores, Gray, Thomas Bruce, Melvill, for the Teinds of Cowper, Ochiltry, Traquair, Drumlangrig, John Stewart, Andrew Ker, Henrie Areskin, Sir John Hamiltoun, Annabel Countess of Lothian, Curatrix to Anna Ker, Consents, Sir George Elphingstoun, Colin Cambel, Fiar of Glenurquhie, for my self, and taking Burden for my Father, and Alexander Campbel my Nephew, Sempil as Procuratour for my Lord Sempil, Robert Innes of that Ilk, James Livingstoun, Sir Robert Gordoun, Master George Fletcher, Archibald Campbel, Robert Dalzel, James Carmichael, James Lockhart, Sir Alexander Gordoun, Patrick Home Strauchan, Hay, Lundie, George Bruce, James Bailie, Richard Balfour of Denmylne, Master Patrick Lindsay, Sir John Campbel of Calder.

Written on the back of the Submission above-written. Superscribed by his MAIESTY.

CHARLES R.

WEE CHARLES, By the grace of God, King of Great Britain, France, and Ireland; Defender of the Faith &c. Prorogats the Submission within written, with Our Decreet and Determination to be given be Vs thereupon, unto the last day of December 1629. years, Betwixt and the which day, or any time within the same, it shall be Lawful to Vs, to give forth Our Determination upon the said