Act anent the registrie of seasings, reversions etc.

Oure soverane lord and his estaittis presentlie convenit, considdering the greit hurt his majesties subjectis sustenis and the innumerable falsettis daylie inventit by forging of diverse privat writtis, the same being keipit obscure quhill the moyane of the tryell of the falset of thame be takin away, speciallie instrumentis of seasingis, reversionis, bandis for geving of reversionis, assignationis to reversionis, intimationis of the same and discharges of reversiones, quhilkis writtis being secreitlie keipit up, gif thai be trew, to the prejudice of parties, or maliciouslie obscurit gif thai be false, quhill proces of tyme, deceise of parties, witneses and writtaris tak away all adminicles of improbatioun, na publict recordis being establist quhairin all parties may find resolutioun of the estait of ony landis quhairwith thai meane to contract. For remeid quhairof, it is statute and ordanit that in all tyme cuming all instrumentis of seasingis, reversionis, bandis for geving of reversionis, discharges of reversionis, assignationis to reversionis and intimationis of the same quhilkis sall not be registrat within the buikis of counsall and sessioun within the space underwrittin (and lykwayes exceptand seasingis of borrowlandis haldin in frie burgage gevin upoun resignatioun maid in the baillies handis, conforme to the act of parliament) be insert and registrat in the registeris presentlie apointit to that effect within fourtie dayes nixt efter the making and perfyting of the same; utherwayes to be null and to mak na faith in judgement nor outwith, and the said nullitie to be ressavit be way of exceptioun. And the saidis registeris, for the greitar ease of the lieges, to be establist in the particuler places following, that is to say: ane in the toun of Kirkwall in Orknay for the haill inhabitantis and landis lyand within the schirefdome of Orknay and Yetland; ane in the burgh of Invernes for the schirefdomes of Invernes and Cromertie; ane in the burgh of Elgin for the schirefdomes of Elgin, Forres and Nairne; ane in the burgh of Abirdene for the schirefdomes of Abirdene, Banff and Kincardin; ane in the burgh of Dundy for the schirefdome of Forfar; ane in the burgh of Perthe for the schirefdome of Perthe and stewartrie of Stratherne, exceptand the stewartrie of Menteith; ane in the burgh of Striviling for the schirefdomes of Striviling and Clakmannane and stewartrie of Menteith; ane in the burgh of Cowpar in Fyfe for the schirefdomes of Fyfe and Kinrosschyre; ane in the burgh of Edinburgh for the schirefdome of Edinburgh principall and constabularie of Hadingtoun; ane in the burgh of Linlithgow for the schirefdome of Linlithgow and Bathcat; ane in the burgh of Lauder for the schirefdomes of Beruick, Roxburgh, Selkirk and Peblis and bailliearie of Lauderdaill; ane in the toun of Hammiltoun for the schirefdome of Lanerk, exceptand the burgh and barony of Glasgow; ane in the citie of Glasgow for the barony of Glasgow and schirefdome of Renfrew; ane in the burgh of Dumbartane for the schirefdome of Dumbartane, Bute, Argyle, Arrane and Tarbet; ane in the burgh of Air for the schirefdome of Air and bailliaries of Kyle, Carrik and Cuninghame; ane in the burgh of Wigtoun for the schirefdome of Wigtoun; ane in the burgh of Drumfreis for the schirefdome of Drumfreis and stewartries of Kirkcudbrycht and Anandaill; or ony uther place or places mair convenient as the keipar of the saidis registeris sall think expedient, dew intimatioun being maid to the lieges of the same; and the saidis evidentis to be registrat in the particuler buikis apointit for ilk schirefdome as said is. And to the effect the said office may presentlie and in all tyme cuming be the mair faithfullie administrat, statutis and ordanis the same to be anext and incorporat with the office of secretarie, and the foirsaidis registeris to be callit the registeris of secretarie in all tyme cuming; and that the secretar, present and to cum, haif the said office as ane proper part and pertinent of the said secretary, mak and constitute particuler deputtis, ane or ma, in everie ane of the places foirsaidis of guidfame, literature and qualificatioun, for quhome he salbe answerable; and quha salbe resident within the said toun and burgh, reddy at all tymes to ressave fra the parties thair evidentis and to registrat the samin within the space of tuentie four houris nixt efter the resset thairof, and deliver to the presentare of the same thair evidentis markit be him with the day, moneth and yeir of the registratioun and in quhat leaf of the buik the same is registrat; and sall tak allanerlie for his panes the soume of xiij s. iiij d. as for the price of ilk leaf of his registrie writtin on baith the sydes, and according thairto sall tak proportionallie for registring of everie ane of the saidis evidentis. Quhilk depute to be apointit as said is for keiping of ilk registrie foirsaid sall twyse ilk yeir at the feist of Witsounday and Mertimes mak ane roll of all evidentis presentit and markit be him the half yeir preceiding, and sall affix the same on sum publict place of the toun quhair he remanis, that the same may come to all parties knawledge. And the saidis registeris to be fillit be the saidis deputtis, to be markit be the secretar (or his deputtis to be apointit be him to that effect) with ane note of the parliculare nowmer of the leaves that the same sall contene; and the saidis registeris, efter the filling of the same, to be reportit to the said secretar, to remane with him and be patent to all oure soverane lordis liegis that salhaif ado with the same. The extract of the quhilk registrie salhaif als greit faith and strenth as gif the originall wer schawin, except the parties haifand entres to oppone aganis the saidis writtis offer to impreve the same be way of actioun or exceptioun; in the quhilk cais, the partie, purchessare of the saidis evidentis, and uthairis haifand entres to defend the same, salbe haldin to produce the principallis and originallis notwithstanding thai be registrat as said is; and that nane of the saidis evidentis be of force, strenth or effect to ony intentioun bot to be null and of nane availl except the same be registrat as said is. And his majestie and estaittis foirsaidis hes ordanit thir presentis to be publist betuix and the tuentie day of September nixtocum at the mercat croces of the heid burrowis of this realme and utheris places neidfull, and to haif effect and begyn at the ellevint day of November nixtocum in this instant yeir of God 1599. And that this presentis be ratifiet in the nixt parliament and authorizit and allowit be the lordis of counsall and sessioun.

  1. NAS, PA8/1, f.27r-28r. Back