The Records of the Parliaments of Scotland to 1707, K.M. Brown et al eds (St Andrews, 2007-2024), date accessed: 29 March 2024
[1605/6/40]1
2Act anent setting of fewis be subvassellis of waird landis
Oure soverane lord and estaittis of parliament, haveing consideratioun of the act and statute maid be his hienes predecessour King James the Secund of worthie memorie in the fourtent parliament haldin be his majestie and threscoir tuelf chaptour of the said parliament, anent the setting of landis in fewferme, as the act itself at lenth contenis, under the pretext and collour quhairof diverse persones halding thair landis of utheris superiouris for service of waird and releif hes sett the saidis landis haldin be thame as said is in fewferme to utheris thair subvassellis for payment of ane fewferme duetie, quhairby they do manefast prejudice to thair saidis superiouris in altering of the said first halding express repugnand to the meaning of the said first act, quhairas the said halding can be nawayes alterit be the vassellis without sum direct deid done be thair superiouris, tending to approve the said dispositioun quhilk may alter the nature and conditioun of the said first halding; for remede quhairof, oure soverane lord and estaittis of parliament presentlie convenit hes statute and ordanit, and be the tennour of this present act, statutis and ordinis in all tyme cummyng that it sall nawayes be lesume to the vassellis of ony erle, lord, prelat, baroun or ony uther frie halder within this realme, quha haldis thair landis of thair saidis superiouris be service of waird and releiff, to sett thair saidis landis quhilkis ar haldin be thame as said is to ony other persone in few, for payment of ane fewferme duetie in prejudice of thair saidis over lordis quhome of they hald the saidis landis be service of wairde and releiff as said is, without the speciall advyse and consent of thair said superiour had and obtenit to the setting of the saidis landis in fewferme or purchessing of the saidis superiouris confirmatioun to the said dispositioun gif ony salhappin to be maid as said is. And incais ony sic alienatioun salhappin to be maid in ony tyme to come without consent of the saidis superiouris, or thair confirmatioun obtenit to the samyn, oure said soverane lord and estaittis of parliament findis, decernis and declaris all sic dispositionis to be null and of nane availl, force nor effect ather be way of actioun or exceptioun.
- NAS, PA2/16, f.52v-53r.
- 'V 11' written in margin beside heading.