The Records of the Parliaments of Scotland to 1707, K.M. Brown et al eds (St Andrews, 2007-2024), date accessed: 29 March 2024
[1584/5/82]1
Act for confirmation of the feus of kirklands both old as new
Forasmuch as it being considered by our sovereign lord and three estates in this present parliament that albeit of before it has been statute and ordained by sundry acts of parliament and ordinances of secret council, with letters of publication passed thereupon, that all feus of kirklands and long tacks set or made since 8 March 1558 [1559] should be confirmed by the king's majesty, and that otherwise the same should be null and be discussed by way of exception; and for the security thereof, that all persons that had signatures of confirmation passed lying in the treasurer's hands should come and pay the composition, and others that were not yet agreed should come and make their composition and expedite their confirmation within the time and diet appointed to them thereto; nonetheless, a great number not only delay but rather, as appears, contemn the same and do no diligence therein; as also it is considered by our said sovereign lord and three estates in this present parliament that many other feus set of before of kirklands before the said 8 March 1558 [1559], which, by the order then observed, should have been2 confirmed either by the king or by the Pope, were neither then confirmed by that order nor yet by any other due order since; therefore it is declared, statute and ordained that all the said feus of kirklands, as well set of old before the said 8 March 1558 [1559] as since which are as yet unconfirmed, shall be brought in and presented to our sovereign lord's treasurer and his depute between now and 1 September 1585 and agreed with them for the confirmation thereof, and the same confirmation to be expedited and passed without any delay thereafter, providing always that the old possessors shall not be prejudiced by this act and shall have their confirmations for payment of the fourth mail and the farmers for doubling of their ferm, and that the land be not evicted from them nor conveyed to any other, they offering for confirmation as said is, and seeking the same within a year and a day after the publication of this act, otherwise to pay eight mails or three ferms and otherwise that all the said feus, as well of old as of new, not being confirmed, shall have no effect, force nor strength in judgement or outwith in any time coming, and shall be repealed and discussed by way of exception before whatsoever judge they shall happen to be used and produced; and likewise that it shall be lawful to our said sovereign lord, if it shall please his majesty to pursue by his highness's advocate in his name, reduction of all the said infeftments of feu of old or of new since the time aforesaid or shall happen to be set hereafter in any time coming, not being confirmed as said is, that the same shall be reducible for the only reason and cause of non-confirmation thereof, and that the whole lands shall fall in our said sovereign lord's hands and his successors to be used and conveyed by his highness as he shall think expedient in time coming.
- NAS, PA2/13, ff.15r-v.
- 'been had' in manuscript.