[1593/4/39]*[print] [email] [cite] [preceding] [following]
Our sovereign lord understanding diverse infeftments of feu ferm to have been granted of old by the prelates of this realm of their temporal lands in favour of his lieges lawfully made for just causes and with all solemnities requisite, and sundry of the said infeftments not only granted by the said prelates and their convent under their common seals and subscriptions, but also by the special consent and authority of his highness's predecessors of good memory, namely his grace's dearest grandfather King James V under his subscription and privy seal, which according to the estate of time were lawful security to the receivers thereof and needed no particular confirmation to be interposed thereto, either by authority of the Pope or of our sovereign lord's predecessors, there being no law, statute nor constitution received obliging the subjects thereto; and in in case any confirmation had been requisite, the same could import no further in effect or substance than the consent of the prince under his seal and subscription. According to the which infeftments, the feuars and others having right from them, their successors, as well particular as universal, have been established in the full right of the said temporal lands pertaining to the said prelates by virtue of the said feus so set in manner foresaid, and nevertheless others affecting the same kirklands; and taking occasion of certain late statutes made regarding the confirmation of the said kirklands which took effect and first fundament regarding the feus of kirklands set since the month of March the year of God 1558, albeit by posterior statutes extension is made both to new and old feus, have purchased on their pretended manner our sovereign lord's confirmation thereupon, to the prejudice of the said first feuars, tending to exclude and debar them thereby from their right and to acquire the property of the said lands to themselves only upon pretext of the said confirmation. His highness, not willing that the lawful rights and securities of parties acquired by them after so long a space shall be hurt or prejudiced by whatsoever subsequent laws or constitutions, or that strangers and third persons who have never been kindly tenants in the said lands shall upon new feus and confirmations thereof purchased by them prejudice the said first feuars only upon pretext of wanting of an ordinary confirmation according to the said late statutes, our sovereign lord, with advice and consent of the estates assembled in this present parliament, has statute, concluded, decreed and ordained and by this act statutes, concludes, decrees and ordains all and sundry the said infeftments of feu ferm set of old by the prelates of this realm to whatsoever his highness's lieges and subjects of whatsoever temporal lands, offices, rents, rooms and possessions, being authorised by the subscription of his said grandfather or any of his predecessors and their privy seal in taking of their consent interposed thereto, to have been from the beginning, to be presently and in all time coming good, valid, lawful, perfect and effectual infeftments to the owners thereof, their heirs and successors as well particular as universal, to the effect they may peaceably hold, enjoy and possess the lands and others contained therein; and, if need be, to call and pursue by virtue thereof whatsoever persons, purchasers of any posterior infeftments of the same lands, with his highness's confirmations interposed thereto, for retreating and rescinding thereof and the said first infeftments so made and granted as said is to make full faith in judgement and outwith to produce full action and exception and to be preferred to whatsoever posterior infeftments, notwithstanding the same wants an ordinary confirmation, having the consent, subscription and privy seal as said is and so often as the same shall be produced in judgement, either for fundament of any action or for proving of any exception or reply in whatsoever judgement or instance whereas the controversy shall stand upon want and deficiency of confirmation, and that either the Pope's confirmation or his highness's or his predecessors' confirmation is alleged and offered to be proven in specific form upon mutual convention of maintenance of two diverse feus: the old one set with the said solemnities, and the other lately and newly authorised by confirmation, whether the same be before litiscontestation, or thereafter used for probation of the libel, exception or reply in whatsoever instance either upon pursuit of reduction or otherwise, the same shall be held and repute now and in all time hereafter as valid and sufficient in all respects and to prove also sufficiently the libel, exception or reply admitted, although the party be burdened with production of the Pope's or his highness's confirmation, as if a lawful confirmation most solemnly passed in the court of Rome by process of commission or otherwise by his highness or his predecessors in most ample form, with all solemnities requisite, were produced, and the libel, exception or reply founded upon the said infeftment, or upon our sovereign lord's confirmation, or the Pope's confirmation allegedly requisite thereto, to be as sufficiently proven in all respects by production of the said infeftment, with this present act of parliament, as if an ordinary confirmation was produced; and this present act of parliament to be received in all judgments hereafter, as well as intended and depending in whatsoever part of the process as to be intended, and to be observed universally as a perpetual law in all times hereafter. And wills and declares that this act shall make express derogation to whatsoever acts, statutes, or constitutions of parliament preceding regarding the confirmation of the feus of kirklands or regarding double confirmations and prerogative thereof.