[1661/1/298]¹

Act anent the feuars and vassals of kirklands

Our sovereign lord, with advice and consent of the estates of this present parliament, considering that whereas by the general surrender of kirklands and erections made by the superiors and titulars thereof in favour of his majesty's dearest father, of ever blessed memory, 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 kirklands 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 kirklands 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 against reason may appear to be liable to double payment thereof; it is therefore statute and ordained by his majesty, with consent foresaid, that the said feuars and vassals of kirklands and erections, their heirs and successors, shall be obliged to make thankful payment of the said feu ferms and duties 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 such time as they get payment of the prices modified by the said lords and others of the commission foresaid, according to the act of parliament of 1633, 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 kirklands and erection have been in good faith in payment of the said feu ferms and duties to the said superiors and titulars of all times bygone, according to the provisions contained in the said general surrender, it is always provided that this act shall not be prejudicial to an act passed by this parliament in favour of the earl of Lauderdale of the lordship of Musselburgh of the date 9 April last.