Definition
A precept (formal written command) used in Scots law directing the giving of seisin — that is, formal legal possession — of land to an heir. The precept of clare constat was issued by a superior of land in favor of the heir of a deceased vassal, acknowledging that it "clearly appears" the heir is entitled to succeed to the holding. Upon presentation of the precept to the bailie or other officer of the superior, seisin was formally delivered to the heir, completing the heir's entry into the feudal tenure.
The instrument takes its name from the Latin opening words of the document: "Clare constat nobis" — "It clearly appears to us" — a formula by which the superior declared his recognition of the heir's right before directing that seisin be given.
Why It Matters in Research
Clare constat belongs to a cluster of distinctly Scottish feudal land law instruments that have no direct English common law equivalent. Researchers working in pre-nineteenth-century Scottish property records, sasine registers, or title chains will encounter the term as a specific procedural step in the completion of a deceased vassal's heir's title. It is not interchangeable with general terms of inheritance or succession; it is specifically the mechanism of entry by the heir under the authority of the immediate superior, as distinct from entry proceeding through the Crown.
The practical importance of identifying a precept of clare constat in a title chain is significant: without completed entry — typically evidenced by recorded sasine following on the precept — the heir's title was historically considered incomplete under Scots feudal law. A gap in the sasine record where a clare constat should appear can signal a defect in a historical title.
Scots feudal tenure was substantially abolished by the Abolition of Feudal Tenure etc. (Scotland) Act 2000, which came into force in 2004. Clare constat as a living procedural instrument is therefore obsolete in current Scots law, but it remains essential vocabulary for researchers examining Scottish title records, historical conveyancing practice, and the Register of Sasines prior to that date.
The term appears almost exclusively in Scots law sources. Researchers approaching it from an English law background should resist mapping it onto English instruments of similar sound (such as writs of dower or common recovery) — the feudal structure and vocabulary of Scots land law operated on its own terms.
Historical Dictionary Support
Black's Law Dictionary (both the first and second editions) and Burrill's Law Dictionary are in complete agreement on the definition: all three describe clare constat as a Scots law precept for giving seisin to an heir, named for its initial words, and all three cite Erskine's Institutes (book 3, title 8, section 71) as the authoritative source. Erskine's Institutes of the Law of Scotland is a foundational treatise of Scottish private law, and the reference is reliable.
Burrill adds a cross-reference to Bell's Dictionary, which would supply additional detail on the instrument's operation within the broader Scots feudal vocabulary. Burrill also appends the adjacent entry for CLAREMETHEN (warranty of stolen cattle under old Scots law), a reminder that historical dictionaries arrange terms alphabetically and researchers may find related but distinct Scots law instruments nearby.
None of the three dictionary sources address the abolition of Scots feudal tenure, as all predate the relevant twentieth- and twenty-first-century legislation. Historical dictionary definitions of clare constat should accordingly be read as accurate descriptions of pre-abolition practice only.
Jurisdictional Note
Clare constat is exclusively a Scots law term. It has no direct equivalent in English common law or in the law of other common law jurisdictions. As a living instrument it is obsolete following the Abolition of Feudal Tenure etc. (Scotland) Act 2000; it retains relevance only in historical title examination and legal history research.