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A46538 A proclamation, concerning the persons who are lyable in the payment of the annuity of teinds, their purchasing the same from His Majesty, and the collection of the arrears thereof remaining unpayed James R. England and Wales. Sovereign (1685-1688 : James II); James II, King of England, 1633-1701.; Loudoun, James Campbell, Earl of, d. 1684.; Loudoun, John Campbell, Earl of, 1598-1663.; Livingstoun, James. 1688 (1688) Wing J318; ESTC R18905 3,233 1

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DIEV ET MON DROIT A PROCLAMATION Concerning the persons who are lyable in the payment of the Annuity of Teinds their purchasing the same from His Majesty and the Collection of the Arrears thereof remaining unpayed JAMES R. JAMES the Seventh by the Grace of GOD King of Scotland England France Ireland Defender of the Faith c. To all and sundry our good Subjects whom these Presents do or may concern Greeting Whereas by the 15 Act of the Parliament held by King Charles the first Our Royal Father of ever Glorious Memory in the year 1633 There was granted unto and established upon Him and His Royal Successors a constant yearly Rent and Duty payable out of the Teinds of Our ancient Kingdom of Scotland commonly called the Annuity of Teinds in the quantity and to be uplifted in manner specified therein By which Act it is also declared that the faid Annuity of Teinds should not be annexed to Our Crown But that We may dispose thereof in whole or in part at Our Pleasure Likeas afterwards Our said Royal Father was pleased to dispose of the same First in favours of the deceased James Livingstoun for security and payment un-Him of a certain sum of money specified in his Gift And thereafter in favours of the deceased John Earl of Lowdoun upon a Transaction and Agreement made betwixt Him and the said James Livingston Which Transaction having been ratified by Our said Royal Father and a new Gift and Commission granted thereupon to the said Earl as come in the place of the said James Livingstoun the said Earl of Lowdoun did by vertue thereof and the Power therein contained from the year 1642 untill the interruption of the English Invasion not only intromet with the said Annuities for all years and terms thereof then resting unpayed But also did make sale of the Heretable Right of the same in many Shires and Places to the raising of great and considerable sums of money Likeas passing by what might have been intrometted with and disposed upon of the said Annuities by the said Earl during the English Usurpation Our late dearest Royal Brother of ever blessed memory was pleased in the year 1661 soon after His happy Restauration to grant a new Gift and Commission to the said Earl For prosecuting and making sale of the rest of the said Annuities Which having been interrupted by that Earl's Death was again renewed and granted unto the deceased James Earl of Lowdoun his Son who by vertue thereof did both intromet and make many Sales until the Month of April 1674. That Our said Royal Brother thought fit by His Proclamation of Indemnity then granted to stop and recal all the saids Gilts and Commissions until the aforesaid Earls and their Representatives should make just Compt and Reckoning of their whole Intromissions And also freely to discharge all Persons lyable in payment of the said Annuities of all Arrears thereof preceeding the year 1660. As the foresaid Proclamation more fully bears And seeing that neither the said James Earl of Lowdoun during his own Lifetime or any for him since his decease have hitherto these fourteen years bypast made any Compt or Reckoning of their foresaid Intromissions and that the said Annuities do not only continually run on as a growing burden on all our good Subjects lyable in payment thereof who have not yet bought the same but also have now for these twenty eight years past lyen over unprofitable and perishing to Us to Our great prejudice And We being withall resolved to have the Rests of the said Annuity to be Collected and Received with all convenient diligence and to have the Remains of the said Annuity which do so undoubtedly pertain unto Us and whereof the greater part is already purchased fully cleared and Our said Subjects who have not as yet purchased totally exonered of the burden of the said Annuity in all time coming And that at such a favourable rate as my evidently discover that We do intend their Liberation and Ease more than the satisfaction of Our own just Right It is therefore Our Royal Will and Pleasure that the Rests of the said Annuity not as yet received nor taken up by vertue of the foresaid Transaction Gifts and Commissions be forthwith Collected and brought in to Our Treasury for Our use and behove And that the Remains of the said Annuity and Heretable Right thereof in so far as the same is not already truly Sold and Disponed to the respective Purchasers be forthwith offered to Sale And for that effect that due and lawful Intimation hereof be made unto all Persons lyable in payment of the said Annuity of Teinds who have not yet purchased as said is To the end they may come and Treat at any time betwixt this and the first day of August One thousand six hundred and eighty Nine with the Lords Commissioneres of Our Treasury at Edinburgh or where it shall happen to them to be for the time Bringing with them true and exact Rentals of their whole Rents as well Stock as Teind which they shall be obliged to attest and confirm to be such by their solemn Oath to be taken by the said Lords Commissioners To the effect that the Rate and Price at which We are willing to fell the same may be thereby regulated and established And for the greater encouragement and full security of all those who shall come betwixt this and the aforesaid day and imbrace this Our Offer We do hereby further Declare that it is Our Royal Will and Pleasure that the heretable Right of the said Annuity with good and valid Dispositions thereof together with full and sufficient Discharges of all Arrears of the same when Collected and Received that were resting unpaid preceeding the Date of the foresaid Dispositions shall be made over Subscribed and Delivered by the saids Lords Commissioners of Our Treasury to the Persons lyable to the said Annuity and willing to purchase the same for the Price and at the rate of twenty years Purchase besides the Bests and Arrears of the said Annuity to be instantly paid into the saids Lords Commissioners of our Treasury or whom they shall think fit to appoint for receiving the same Which Dispositions and Discharges being Subscribed and Delivered as said is and Registrated in the Books of Our Exchequer there shal be to the said Purchasers a sure and unquestionable Right and Exoneration at all hands in all time coming And seing We have been pleased to condescend unto so low a rate for granting the saids Dispositions We cannot but expect that all Persons concerned will be so much convinced of their own Interest and Ease by this Our Offer as to comply with and imbrace the same with all readinesse But because We do likewise intend to have this Our Offer Real and Effectual without any further delay and Do also expect that the said Purchasers shall deal Truly and Honestly with Us as We are willing to deal favourably with them Therefore We Do hereby in the first place expresly Declare that if any Purchaser shal behave so disingenuously as not to give up a True and Exact Rental of His Rents as well Stock as Teind in manner above required that then and in case it shal be found at any time within two years after making of the Bargain that the aforesaid Rental was given up a fourth part short of the true Value the Disposition to be granted thereupon shall be void and null and the fraudulent Concealer made liable for his whole Annuities as well bygone as in time coming and perpetually excluded from purchasing the Right thereof Providing Neverthelesse that if the said Rental that not be questioned and the False hood thereof discovered within the space of the two years above-prefixed then the same shall be for ever thereafter held good and just and never more quarellable And in the next place We Do by these Presents plainly certify all and every one of the Parties having Interest who shal not accept of this Our Gracious Offer betwixt this and the foresaid day already prefixed that then and in that case they shall for ever thereafter have no Benefite thereof nor yet have the like Offer made unto them in time coming but that We will immediatly after elapsing of the said day dispofe upon the said Annuities as well for the time bygone as in time coming by granting Commissions for Collecting and Ingathering the same or otherwise as We shall see cause And to the end that all our Subjects especially they who are concerned in the Premisses may have notice of this our Royal Will and Pleasure We Do hereby Command Our Lyon King at Arms and his Brethren Heraulds Macers Pursevants and Messengers at Arms to make timeous Proclamation thereof at the Mercat Cross of Edinburgh For all which these Presents shall be to all Persons whatsoever who may be therein any way concerned a sufficient Warrant Given at our Court at Whitehall the 25 day of May 1688. and of Our Reign the 4th year By His Majesties Command MELFORT Edinburgh The third day of July 1688. His Majesties Royal Proclamation above-written being read in Council was by Order Published and is Recorded in their Books by me COL McKENZIE Cls. Sti. Concilii GOD Save the KING Edinburgh Printed by the Heir of Andrew Anderson Printer to His most Sacred Majesty Anno Dom. 1688.