[1644/6/292]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presentlie conveend by vertue of the last act of the last parliament haldine be his matie and thrie estates in anno 1641, considdering that the payment of the loan and taxt and other impositiones for the publict service payable out of these landes and teyndes which are disponed in proper wodset by the heritores therof to the receiveres of the samene wodsets wndir reversioune may be hindered and delayed wpoun thir doubtes and queries, viz: whether the receiveres of the wodsets should relive the heritoures of the loan, taxt and other impositiones for the publict service or not; secundlie, whither or not the receiveres of the wodsets (haveing set the landes in take to ane third persone as tennent without consent or mentioun of the heritores granteres of the wodset ther names in the takes) the tennent ought to reteene in the first end of his duetie the loan, taxt and other chairges payed out by the tennent for these landes for horse, foot and amunitione to the wse of the publict; thirdlie, queritur (the tennentes being obleidged in ther takes to relive the receiveres of the proper wodsets, granteres of the saids takis, of all taxationes and impositiones to be imposed wpoun the wodset landes) whither or not that generall obleidgment to relive the wodsetter of all taxationes and impositiones ought to inferre aganes the tennentes so obleidged reliefe to the wodsetteres of the loan, taxt and other publict impositiones. The estates of parliament, for cleering heirof, finds and declaires that the receiveres of the foirsaids proper wodsetts (who are ather actuall possessours themselves of the landes and teyndes wodset to them or hes set the samene to tennentes who possess by takes or rights from them) ought and should relive the heretores, granteres of the saids wodsets, of all loanes, taxationes and otheres impositiones for the publict service, except it be otherwayes provydit by the contract of wodset; and als finds and declaires that the tennentes of these proper wodsetts lands ought to have retentione of the loan, taxt and other impositiones payed out by them for these landes for the use of the publict in the first end of the dueties therof. And sicklyke the saides estates finds and declaires that albeit the tennentes be obleidged by ther takes to relieve the receiveres of the wodsetts, granteres of the samene takes, of all taxationes and impositiones to be imposed wpoun the saides wodset landes, yit that generall obleidgement shall not inferre releife by the tennentes to the wodsetteres of the payment of the loan imposed wpoun the saides landes for the wse of the publict, bot onlie releife of other impositiones and taxationes sieing the loan is to be repayed to the wodsetter, granter of the takes.