Act in favour of the feuars and tacksmen of the lands and teinds belonging to the possessors of the prelacies forfeited, chapter 26

Forasmuch as there are sundry complaints given in by diverse feuars, tacksmen and tenants of certain lands, teind sheaves and offices held by them immediately as feuars, tacksmen and possessors thereof of John [Hamilton], sometime commendator of Arbroath, Claud [Hamilton], sometime commendator of Paisley, now presently convicted in this present parliament, and of Sir James Balfour, sometime prior of Pittenweem, also convicted before for certain crimes of treason and lese-majesty committed by them, and every one of them, as at more length is contained in the process and doom of forfeiture led and deduced against them respectively; and that since the date of the act made in the parliament held and begun at Stirling on 28 August 1571, purporting and bearing that it is decreed and declared by our sovereign lord, with advice of [Matthew Lennox, earl of Lennox], my lord regent's grace, and three estates, that all alienations, resignations, demissions and other dispositions whatsoever, made or to be made by any manner of person or persons convicted, or that hereafter shall happen in any way to be convicted or forfeited for art and part of the treasonable murders and slaughters of [Henry Stewart, lord Darnley], our late sovereign lord's dearest father, or regents of whatsoever lands, heritages, offices, rooms or possessions since the times respectively of the committing thereof, are and shall be null of themselves and of no value, strength, force nor effect in all times coming with all that followed or shall happen to follow thereupon; and the said complainers, being old feuars, tacksmen and possessors of the said lands, teind sheaves and offices and abiding continually since the date of the said act at our sovereign lord's obedience, as faithful and true subjects to him, have made new resignations and taken infeftment of the lands and offices pertaining to them of old in feu and heritage, and likewise the said tacksmen of lands and teind sheaves being old possessors thereof by themselves, their predecessors or their authors, whereof they have yet terms to run or have renewed the same for terms to come for payment of the duties contained in their feus and tacks, whereby they have alleged and allege that they ought and should enjoy and possess their said feus and their tacks during the years and terms contained therein, notwithstanding the aforesaid process of forfeiture led and deduced against the said two abbots and prior and of the said act made at Stirling as said is, which desires submitted in writing by diverse of the said lieges of this realm, feuars, tacksmen and others having offices as said is of the said two abbots and prior, being seen and considered first by the lords of articles and thereafter by the king's highness and estates aforesaid, our said sovereign lord, with advice of his said three estates of this present parliament, has declared and declares that whatsoever feu, office or tack taken by whatsoever person or persons, our sovereign lord's faithful lieges abiding at his obedience, of the said sometime abbots and prior, whereof the said feuars or tacksmen, their authors or predecessors have been in possession before the date of the said act made at Stirling and renewing their said tacks or infeftments either of lands, offices or teinds since, and making no alteration concerning the payment of the duty contained in their said old tacks, nor yet of the duties contained in the said feus of old and of the holding thereof, that the said act made at Stirling shall in no way be hurtful or prejudicial to them, but that they enjoy and use the same during the years to run contained in their said tacks, and likewise the feuars to enjoy the said lands and offices conforming to their infeftments, notwithstanding the process and doom of forfeiture pronounced against the said abbots and prior.

  1. NAS, PA2/12, f.41r. Back
  2. 'P' written in margin. Back