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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
B05166 Act anent the selling of the lands of forfaulted persons. 20. February, 1645. Scotland. Convention of Estates. 1645 (1645) Wing S1051B; ESTC R183864 4,402 4

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ACT anent the selling of the Lands of forfaulted Persons 20. February 1645. THe Estates of Parliament now conveened in the second Session of this first triennall Parliament by vertue of the last Act of the last Parliament holden by his Majestie and the three Estates in Anno 1641. Considering that the Estates of Parliament by their Act of the date the 27. of July 1644. Considering that it was against all equitie and reason That the Vassals Cautioners and true and reall Creditors of any person or persons of whatsoever qualitie that should be forfaulted in this present Parliament or at any time thereafter should be prejudged by the forfaulture of the saids persons off their right of propertie of any Lands Wodsets and others holden by them of the saids forfaulted persons or of the payment of their just Debts and reliefe of their true and reall Cautionries for payment and relief whereof the saids forfaulted persons stood obliged the saids Vassals Creditors and Cautioners foresaids not being airt pairt accessarie nor assisting to the crimes for which the sentence and doome of forfalture was or should be decerned Therefore the saids Estates fand decerned and declared That the Vassals of any person or persons of whatsoever qualitie who were or should happen to be forfaulted in that present Parliament or at any time thereafter for whatsoever cause ground or occasion whereupon sentence and doome of forfaulture should be given and pronounced against them should not be prejudged anent their right and propertie of the Lands Annuall-rents Wodsets and others holden by them of the saids forfaulted persons but that the saids Vassals should be in that same case and condition with these who comes in the right and place of the saids forfaulted persons as the saids Vassals were with the samin forfaulted persons their Superiors before the Sentence and Doome of forfaulter The saids Vassals no wayes being airt pairt accessory nor assisting to the saids forfaulted persons in the committing of the crimes or deeds for the which the Sentence or Doome of forfaulter was or should be given against them as said is And also found and Declared That the true Creditors and Cautioners of the saids forfaulted persons or these who had any part of the fines assigned to them by the Publick should no wayes be prejudged by the foresaid forfaulter anent the payment of the saids Creditors of their reall just and true Debts owing and assigned to them and anent the saids Cautioners their relief of their just and true Ingagements and Cautionries but that the saids Creditors and Cautioners respectivè should have action and execution for their payment and relief respectivè against the Lands and Estate of the forfaulted persons their Debters sicklike and in the samin manner as if they had not been forfaulted Providing the saids Creditors and Cautioners have not been airt pairt accessory nor assisting to the saids forfaulted persons in the committing of the Crimes for which they were or should be forfaulted And with provision That they be Vassals Creditors and Cautioners before the committing of the Crimes whereupon the Forfaulter follows as the said Act of the date foresaid proports And The saids Estates of Parliament now presently conveened also considering That severall persons were forfaulted in the last Session of this present Parliament And that divers and sundry persons are and have been forfaulted in this present Session of Parliament As also considering That it is expedient both for the weale of the lawfull Creditors and Cautioners of persons forfaulted heretofore or who shall happen to be forefaulted hereafter And for the weale of these to whom the persons forefaulted or who shall happen to be forfaulted in this present Session of Parliament are bound as Cautioners for any other person or persons And al 's for the weale of the Publick for defraying of the Publick charges of the Estates of this Kingdom That ane just and expedite way be taken for the discovery of the just and lawful Debts owing by any person or persons either already forfaulted before the date of thir presents or who shall happen to be forfaulted hereafter in this present Session of Parliament to their just and lawfull Creditors to whom the saids persons forfaulted or to be forfaulted are Debters as Principals or whom the saids persons forfaulted or to be forfaulted are Debtors in the way of lawfull relief They being Cautioners for the saids persons forfaulted or to be forfaulted or to whom the saids persons forfaulted or to be forfaulted are Cautioners for any other person or persons And to the effect that all person or persons who are either Creditors or Cautioners to the persons forfaulted or to be forfaulted or to whom the saids persons forefaulted or to be forfaulted are Cautioners May in due time both for their own and the Publick weale make their Debts owing to them by the saids persons forefaulted or to be forfaulted either as Principals or Cautioners in manner abovespecified known to the Estates of this Kingdom that they may have the benefit of the foresaid Act of the date the 27 July 1644. And that their Debts being known and satisfied and paid by the course afterspecified The remainder of the Lands Estate and Goods of the foresaids persons forefaulted or to be forfaulted and hail farther benefit thereof may expeditely and conveniently come in to the Estates of this Kingdome for the weale of the Publick and for the relief of the Publick Burdens Therefore the saids Estates of Parliament Statutes and Ordains That all person or persons whatsomever to whom any person already forfaulted before the date of thir presents or who shall happen to be forfaulted in this present Session of Parliament Is addebted justly and really in any sums of money or any otherwise either as Principall Debtors or as Cautioners for any other persons And al 's that all persons who are Cautioners for any persons already forfaulted or who shall happen to be forfaulted in this present Session of Parliament to their lawfull Creditors Shall exhibit and produce before the Committee of Estates to be appointed to sit at Edinburgh or where it shal happen them to be for the time after the rising of this present Session of Parliament Their whole Rights Writs Evidents and other lawful Securities whereby the saids persons forfaulted or to beforfaulted in this present Session of Parliament are their just and reall Debtors either as Principall Debtors to them or as Debtors to them as Cautioners for other persons or whereby they are Cautioners for the saids forfaulted persons or to be forfaulted in this present Session of Parliament And which Cautioners the saids forfaulted or to be forfaulted persons in this present Session are obliged in law to relieve And that the production of the foresaids Writs Evidents and Securities in so far concerns any persons forefaulted heretofore or in the present Session of Parliament Be made by the Creditors and Cautioners so many of them as are without the Countrey within
three moneths and these that are within the Countrey within threescore dayes after publication hereof at the Head Burghs of the severall Sheriffdoms within the Kingdom With certification to all and whatsomever the Creditors of the persons already forefaulted heretofore or to be forefaulted in this present Session That if they failȝie To exhibit and produce before the Committe of Estates Their foresaids Writs Evidents and Securities made to them by the saids forefaulted persons within the Diets respectivè foresaids That the foresaids Creditors shall never in any time thereafter Have any action against the Lands Estates and Goods of the foresaids forefaulted persons for payment of their debts upon the pretence of the foresaid Act of the 27. July last or upon any other pretence whatsoever But that the Lands Estate and Goods of the foresaids forefaulted persons shall pertain to the Publick Neither shall they have any action against their Cautioners but prejudice alwayes to them after production in manner and at the time foresaid to take presently back their Writs and Pursue But prejudice also to the saids Creditors of their action and execution competent to them against their Cautioners conforme to their Bands and Rights It is also declared for the Cautioners of the saids forefaulted or to be forefaulted persons that they shall not be holden to produce the Writs and Bands wherein they are Cautioners But onely to give in ane note under their hands of the names of the Creditors to whom they are Cautioners and of the sums contained thereintill Because the Writs and other Securities wherein they are Cautioners are not their evidents and in their option but in the hands of the Creditors to whom they are principally made Likeas the saids Estates of Parliament Finds and decerns the samin To pertaine to the publick for reliefe of their publick Debts and Burdens in all time hereafter without any Burden of payment of the Debts owing to the saids Creditors failȝing to produce and make known their Debts at the time and in manner foresaid It is also declared That where the Creditors or Cautioners are Minors Their Tutors and Curators are obliged in the like manner To produce their Bands Rights or Notes or otherwise be lyable to their Minors for refounding their damnage and interest Likeas also the Estates of Parliament considering That the foresaid persons already forefaulted may be ingaged in manner abovespecified either as Principals or Cautioners to divers and severall persons their Creditors To which Creditors no present payment of their Debts can be made in a present convenient and expedit way without the selling of the Lands Heritages and Estates which pertained to the foresaids persons forefaulted before their forefaulter The sale whereof cannot be expeditely done neither for the weale of the saids Creditors nor for the weale of the Publick And to the effect the saids Creditors may receive satisfaction in a just and reasonable way out of the saids forefaulted persons their Lands Heritages and Estate And that the benefit of the residue thereof may come into the Publick of this Kingdom Therefore the Estates of Parliament Decernes and Ordaines That the foresaids Creditors or Cautioners shall be obliged To accept ane proportionall part of the Lands and Heritages of the saids persons forefaulted their Debtors respectivè for their Debts owing to them being instructed at the time and in manner abovespecified at the sight and determination of the said Committee of Estates And that at the rate and proportion of One hundreth Merks of ordinar yeerly constant Rent for ilk sum of Two thousand Merks addebted by the saids forefaulted persons to their saids Creditors or Cautioners or otherwise to be deprived of the benefit of the Act of Parliament 27. July 1644. and to be reduced to the old estate of the Creditors of forefaulted persons as if the samin had never been made Likeas also It is statute and Ordained That the superplus of the Lands Heritages and Estate of the foresaids forfaulted persons their Creditors foresaids being satisfied in manner abovespecified shall and and may be divided in parcels and sold and disponed by the Estates of this Kingdom or by the said Committee of Estates to any buyer whatsomever paying present money over the Table at the rate of One hundreth Merks of y●erly constant Rent for ilk sum of One thousand Merks as the price thereof And where present money for the Lands cannot be had nor offered that then they may be sold and disponed to any person to whom the Publick is addebted They advancing in ready money the one half at ten years purchsae and accompting in payment of their debts being lent money or furnishing to the Armies the other half at the rate of fifteene years purchase Likeas The saids Estates of Parliament do by thir presents give full power and Commission to the said Committee of Estates To divide the Lands and others of the foresaids forfeited Persons And to that effect To take up the just and true Rentall thereof and to estimat and convert Victuall and other Rent not being silver Rent and to redact the samin to money Rent and to sell and dispone the residue and remainder of the Lands Heritages and Estates of the foresaids forfeited Persons to any Buyer at the rate and in manner foresaid Likeas The Estates of Parliament decerns and declares That the Dispositions so to be made thereof to the foresaids Creditors above-specified and to the saids Buyers shall be valide sureties to them thereof in all time-coming And siclike Ordains Infestments to passe under the Great Seal upon the foresaids Dispositions to be made by the said Committee of Estates of the Lands and others holden of the Kings Majestie and Prince And Presentations to be granted by the said Committee of Estates to other Superiours of so many of the foresaids Lands and others above-specified as are holden of the saids others Superiours Alex. Gibsone Cler. Registri