clare constat

clare constat (klair-ee kon-stat). [Law Latin] Scots law. It clearly appears. • The phrase appeared in reference to a precept, later a writ, for the grant of seisin to a vassal’s heir, so called because the opening lines in the declaration stated that it clearly appeared that the grantee was the proper heir.

“A Precept of Clare Constat is a deed executed by a subject-superior, for the purpose of completing the title of his vassal’s heir to the lands held by the deceased vassal, under the granter of the precept…. The precept of clare constat proceeded on any evidence, whether judicial or not, which satisfies the superior that the person claiming the entry is heir of the last vassal.” William Bell, Bell’s Dictionary and Digest of the Law of Scotland 185 (George Watson ed., 7th ed. 1890).


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