Regarding the validity of new bounded evidents

2Because it is clearly understood that the barons of this realm and other heritable possessors holding their lands of our sovereign lord or other superiors are highly prejudiced in their heritages and commonties appertaining thereto by new infeftments given to the persons bordered with them upon their own resignations, in the which new infeftments, by their bounds and marches specified therein, they may include the property of the lands next adjacent, which they never had of before, in great prejudice of the lands adjacent to them, as also they may include the lands pertaining in commonty to other baronies or lands next adjacent, and by their own resignation, with the bounded infeftment following, may move question upon the property of all lands contained in their bounded infeftment, which may breed a great strife to all our sovereign lord's lieges; for remedy whereof, it is statute, ordained and decreed by his highness and estates of his parliament that the bounded infeftment whatsoever either granted or to be granted by our said sovereign lord or any of his successors, or by any other superior to his own heritable tenant by the said heritable tenant's resignation, albeit the same contain a new gift with supplement of all faults, which only respects the superior granting the said infeftment and in no way should be extended to the prejudice of the third person, that the said infeftment passed upon the resignation of the tenant shall work no prejudice regarding the said bounds or marches, either in property or commonty, to any other person, but the questions arising upon the right and possession of the said property and commonty shall be determined and judged by the lords of council and other inferior judges and ministers of the laws in the same sort and manner as if there were no mention of bounds and marches contained in the infeftment passed upon the said resignation.

  1. NAS, PA2/14, f.30v.
  2. Written in margin: 'V'.