[1640/6/43]¹

Legislation

Act 25

Regarding vassals of erections, that they be not subject in double payment nor the superiors defrauded of their feu duties

The estates of parliament, convened by his majesty's special authority, considering that whereas by the general surrender of kirk lands and erections made by the superiors and titulars thereof in favour of the king's majesty, it is specially provided that the said superiors and titulars, notwithstanding their surrender foresaid, shall have right to the feu ferms and duties of the vassals and feuars of the said kirk lands and erections until the king's majesty make payment to them of the prices of the said feu ferms and duties modified by the lords and others of the commission for surrenders and teinds, and also the feuars and vassals of the said kirk lands and erections are obliged by their new infeftments under the great seal to pay the said feu ferms and duties to the king's majesty and his successors, and so are liable to double payment thereof, unless remedy be provided. It is therefore statute and ordained by the said estates that the said feuars and vassals of kirk lands and erections, their heirs and successors shall be obliged to make thankful payment of the said feu ferms and duties and services used and wont contained in their infeftments, and whereof the said superiors and titulars have been in possession preceding that surrender foresaid, to the said superiors and titulars, their heirs and successors until they get payment of the prices modified by the said lords and others of the commission foresaid, and that letters of horning and poinding shall be granted to that effect, without prejudice always to his majesty and his successors of the superiority of the said feuars and vassals surrendered in manner foresaid, and without prejudice to them of their infeftments taken to be held of his majesty and his successors. Likewise it is declared that the said feuars and vassals of kirk lands and erections have been in good faith in payment of the said feu ferms and duties to the said superiors and titulars of all terms bygone, according to the provision contained in the said general surrender.