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A74518 An ordinance for setling of the estates of several excepted persons in Scotland in trustees to the uses herein expressed. Wednesday April 12. 1654. Ordered by his Highness the Lord Protector, and his Council, that this ordinance be forthwith printed and published. Henry Scobell, Clerk of the Council. England and Wales. Lord Protector (1653-1658 : O. Cromwell); England and Wales. Council of State. 1654 (1654) Thomason E1063_32; ESTC R209586 4,359 11

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AN ORDINANCE For settling of the ESTATES Of several Excepted Persons in SCOTLAND in TRUSTEES to the uses herein expressed Wednesday April 12. 1654. ORdered by his Highness the Lord Protector and his Council That this Ordinance beforthwith Printed and Published Henry Scobell Clerk of the Council London Printed by William du-Gard and Henry Hills Printers to His Highness the Lord Protector 1654. AN ORDINANCE For settling the ESTATES of several Excepted Persons in SCOTLAND in TRUSTEES to the uses herein expressed WHereas by an Ordinance Entituled An Ordinance of Pardon and Grace to the People of Scotland diverse persons and their Estates are excepted and reserved out of the said Ordinance and all benefit thereof and yet nevertheless the Estates of the said several persons are thereby left subject to diverse debts charges and Incumbrances and likewise several proportions of Lands Tenements and Hereditaments are by the said Ordinance appointed to be settled for a Provision of the Wives and Children of divers of the said persons in such sort and under such Limitations Provisoes and Conditions as are expressed and contained in the said Ordinance And whereas also the Parlament hath by several Votes and Orders given unto several persons for services done to this Commonwealth divers Lands Tenements and Hereditaments out of the said Confiscated Lands in Scotland For the more due and speedy payment and satisfaction of the said Debts Charges and Incumbrances and settling the premisses so appointed by the said Ordinance for the provision of the said wives and Children And for the better confirmation and assurance of the premisses so given by the Parlament unto the said respective persons Be it Ordained by his Highness the Lord Protector by and with the advice and consent of his Council and it is Ordained by the Authority aforesaid That all and every the Honours Mannors Castles Houses Messuages Forrests Chases Parks Lands Tenements and Hereditaments in Scotland which upon the eighteenth of April one thousand six hundred forty and eight or at any time since did belong unto James late Duke of Hamilton William late Duke of Hamilton John Earl of Crawford-Lindsey James Earl of Calender _____ Earl Marshall _____ Earl of Kelley John Earl of Lowderdail John Earl of Lowdoun _____ Earl of Seaforth _____ Earl of Athol _____ Viscount Kenmure _____ Lord Lorn Eldest Son of the Marquess of Arguile _____ Lord Machlin eldest Son of the Earl of Lowdoun _____ Lord Montgomery eldest son of the Earl of Egglintoun George Lord Spynie _____ Lord Cranston _____ Lord Sincleer Thomas Dallyel late Major General of the Foot in the Scotish Army John Middletoun late Lieutenant General of the Horse in the Scottish Army James Viscount Newburgh _____ Lord Bargany Sir Thomas Thomson James Edmeston Laird of Womat _____ Lord Napeir and William Earl of Glancarn and all Royalties Privileges Franchises Immunities Rents and appurtenances to the said Honors Mannors Castles Houses Messuages Forrests Chases Parks and Lands or any of them in Scotland belonging or appertaining which on the said eighteenth day of April one thousand six hundred forty and eight or at any time since were lawfully used or enjoyed with them or any of them as part or parcel thereof be and are hereby vested and settled and adjudged and deemed to be and are hereby in the real and actual possession and seizin of Sir John Hope of Craighall William Lockard the younger Esq Richard Saltonstal and Edward Siler Commissioner at Lieth Lieutenant Colonel Wilks Deputy Governour of Leith David Barkley Esq John Harpar Advocate and the Survivors and Survivor of them their heirs and assigns for the uses and purposes hereafter in and by this Ordinance expressed until the sale disposition and conveyance thereof or of such part thereof as shall be requisite for the purposes aforesaid shall be made in such manner as is herein directed and the Remainder to the use of his Highness the Lord Protector and his Successors for the benefit of the Commonwealth And be it further Ordained by the Authority aforesaid That the said Sir John Hope and the rest of the Trustees before named the Survivors and Survivor of them shall cause a due and exact survey to be taken and returned unto them of all and every the estates of the persons aforesaid at the time aforesaid and of the yearly value thereof respectively as they were worth to be let in the year one thousand six hundred forty and nine and also return to be made unto them of all and every the Claims of any Estate Right Title or Interest of any other person and persons in or to any the premisses and of all Debts Charges and Incumbrances charged or chargeable upon the same or any part thereof respectively and which shall be allowed by the Commissioners named in the said Ordinance of Pardon and Grace to the People of Scotland for determining Claims according to the Qualifications and Provisions contained in the said Ordinance and thereupon in the first place in case the respective Lands of such person excepted be sufficient to satisfy all the Debts Charges and Incumbrances so allowed as aforesaid and also the provision made by the said Ordinance for the Wife Child or Children of such person That then the said Sir John Hope and the rest of the Trustees before-named or any four of them shall alot and set out unto every of the Creditors of such person so much of the said Lands belonging unto such excepted person at the rate of twenty years purchase at the least as shall be sufficient to satisfy such Debt Charge and Incumbrance and to convey the Inheritance of the said Land so set out unto such Creditor and Creditors his her and their Heirs respectively in satisfaction of the said Debt Charge or Incumbrance and thereupon to take up the security and that such Creditor and Creditors his and their heirs and assigns shall from henceforth have hold and enjoy all and every the Lands and Premisses so set out and conveyed according to such conveyance freed and discharged in manner as is herein provided of and from all and all manner of Bargains Sales Gifts Grants Mortgages Iudgements Decrees Iointures Dowers or other Incumbrances had made committed or done by such person so excepted respectively or any claiming under him since the eighteenth day of April one thousand six hundred forty and eight And that the said Trustees shall convey and assure unto the Wife Child or Children of such excepted person respectively Lands Tenements or Hereditaments of the cleer yearly value appointed unto such Wife Child or Children by the said Ordinance respectively under such yearly Rent and Rents and in such manner as is in and by the said Ordinance limited and appointed And it is further Ordained That the said Trustees herein named or any four of them shall convey and assure unto the respective persons to whom the late Parlament hath by Vote or Order of Parlament given any lands in Scotland and to their Heirs and Assigns the