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land_n great_a king_n prince_n 6,832 5 5.4665 4 true
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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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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