Where lands had been alienated during the usurpation, subsequent confirmation saved from recognition.
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The Viscount of Kilsyth pursues declarator of recognition of certain ward-lands holden of him by the Laird of Bardowie, as being alienated by Bardowie, by granting of feus to sub-vassals. The defender alleged, That these feus were granted anno 1656, during the Usurpation, when ward-holdings were for the most supprest, and no recognition sustained, nor confirmations required; and that after the-King's restitution, the defender made application to his superior for confirmation, which is sufficient to take away contempt; and in the recognition at the instance of Pittrichie against Gight, the reason wherefor the Lords sustained the same, though during the Usurpation, was, because after the King's return the sub-vassals continued to possess, and craved no confirmation, which holds not in this case. It was answered, That the King refuses confirmation to none, and none of his subjects can be said to be a stranger to him, Which holds not in other superiors, who are not obliged to confirm but if the please.
The Lords found the defence relevant, confirmation being demanded after the King's restitution in due time, providing that if the superior refused to confirm the sub-vassals rights, that the vassals purge the same by resignation ad remanentiam, that the superior be prejudged thereby of no casuality.
