[1578/7/13]*[print] [email] [cite] [preceding] [following]
†Forasmuch as it is statute and ordained by act of parliament made in [Mary], our sovereign lord's dearest mother's time, that no infeftments of kirklands set since 8 March 1558 [1559] should be of any force or effect unless the same were duly and lawfully confirmed by our sovereign; and also forasmuch as it happens that double infeftments of feu ferm of any portion of lands given by an ecclesiastical person to diverse persons and sometimes by diverse ecclesiastical persons, to wit, the predecessor and successor to diverse persons in feu ferm, and yet neither of the said infeftments can take effect or be of any value unless they be duly and lawfully confirmed by our sovereign lord; and also it is often seen that confirmation is granted of both the said diverse infeftments at diverse times by the suits of the parties, likewise it is found by sundry ordinances of the privy council that our sovereign lord and his highness's compositors ought not to deny his confirmation upon the reasonable expense of the party suited upon their own peril; and likewise diverse alienations of lands held immediately of our sovereign lord, being made by one person to diverse persons, double confirmations are granted by our sovereign lord thereto, whereas one of the said confirmations ought and can only take effect in all the causes above-specified; and notwithstanding it is the occasion of great debate amongst the lieges, to their great expense, as well in payment of their compositions as that the same breeds occasion of such great lawsuits; for remedy thereof, it is concluded, statute and ordained by our sovereign lord and three estates of parliament that whosoever obtains or has obtained the first confirmation of any infeftment, either of kirklands or other lands held of our sovereign lord, that the first confirmation shall be of value, force and effect and shall prevail to the second, the said infeftment which is first confirmed being valid in the self and lawfully made; and in this case, the last confirmation shall not be respected, albeit the same confirms the first infeftment, but the first confirmation of the last infeftment shall prevail to the last confirmation of the first infeftment by way of exception or replay without any summons or process of reduction. It is always provided that if the principal infeftment first confirmed for any other substantial cause by the aforesaid confirmation be of no value or unlawfully made, to the prejudice of any other party having entry to the lands therein contained and who may be excluded by reason of the said first confirmation by the party having entry, shall be heard to accuse or reduce the said infeftment first confirmed or otherwise to move action against the same according to the law, whether they have obtained confirmation of their infeftment or not. It is also statute and ordained that no double confirmations of infeftments of kirklands or others held of our sovereign lord be granted hereafter, and discharge the keepers of the signet, privy and great seals that they pass not double confirmations; and if the said double confirmations pass in time coming, our said sovereign lord, with advice of his said three estates, decrees and declares the last confirmation to be of no value, providing as is above-specified.