[1661/1/299]¹

Act concerning the registration of comprisings

Our sovereign lord, with consent of the estates of parliament, considering that the registration of apprisings was only established by an act of secret council and never authorised by any law or act of parliament, and that the registration thereof did put the lieges to unnecessary charges, neither adding to the validity of the apprising nor to the benefit of the comprisers, has therefore discharged and, by this act, discharges all registration of comprisings, with all gifts, acts of council and other warrants and custom whatsoever granted and observed at any time heretofore thereon; and, by this act, ratifies and approves the custom observed these many years past whereby, in place of the said registration, a short record of all comprisings of lands, teinds and others and of the comprisers' names and designations, the defenders' names, the debts for which the comprising is deduced, the messengers' and clerks' names, the date of the executions, the witnesses' names thereto and of the superiors of whom the comprised lands are held, has been made in a book by the clerk of register and his deputes at the allowing of the said apprisings (for which allowance and recording there is only 40s Scots to be paid) and which custom is very usual and necessary for information of all lieges And therefore, his majesty, with advice and consent foresaid, ratifies and approves the foresaid custom and ordains all comprisings formerly deduced and not allowed and recorded in manner above-written, to be brought in to the clerk of register and his deputes within 60 days after publication hereof, and all comprisings to be led and deduced hereafter to be brought in to the said clerk of register and his deputes within 60 days after the date thereof, with certification that, if they be not allowed and recorded within the said space, any other comprising though later in date, yet if it be allowed and recorded before the prior comprising of the same, shall have preference according to the date of the allowance and record, without prejudice always to any further diligence by infeftment or charges against the superior according to the priority or posteriority thereof.²