Provision and pains of those committing fraud in alienation or otherwise

Item, for eschewing of inconveniences that often and at diverse times happen in this realm of the newly invented craft and falsehood committed and daily done by those who sell their lands or convey the same from a burdensome title that puts their bairns or other friends and person in state of the same before the date of the selling or giving thereof to others as is said, therefore, it is statute and ordained that whoever sells and conveys any lands or annualrents to any manner of person for any cause where warrandice may fall and puts others in a private state thereof, not by resignation in the hands of his grace the king, or by confirmation with precept passed out of the chancellery, or by plain resignation in the overlord's hands or confirmation of the overlord, and the person who happens to get their lands and possesses the same peacefully a year and a day by labouring, manuring and uptaking of the mails, profits and duties and so known heritable possessor thereof for a year and a day, the person or persons having private state and sasine of the said lands shall never be heard to claim the same against the second heritable possessor for any cause, but to pursue his interest against the principal giver and his heirs, and the person, seller or giver, to be called and declared infamous at the instance of his grace the king, and to be punished in his person and goods at the will of his grace the king; and if the overlord receives double resignations wittingly to the effect above-written, they to be punished similarly, and this act to be extended to those that make double assedations and double assignations.

  1. NAS, PA2/8, III, f.56r-v.