April, 1654

[12 April, 1654.]

1654 Cap. 8.; The Estates of persons excepted.; Vested in Trustees.; Uses.; Surveys to be made of the Estates, and Claims.

Whereas by an Ordinance, Entitled, An Ordinance of Pardon and Grace to the People of Scotland, divers 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 hereby left subject to divers debts, charges and incumbrances, and likewise several proportions of Land, 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, Proviso's and Conditions as are expressed and contained in the said Ordinance. And whereas also the Parliament 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 setling the premises so appointed by the said Ordinance, for the provision of the said Wives and Children; And for the better confimation and assurance of the premises so given by the Parliament 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 Honors, Manors, Castles Houses, Messuages, Forests, 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 Middleton, late Lieutenant-General of the Horse in the Scotish Army, James Viscount Newburgh, Lord Bargany, Sir Thomas Thomson, James Edmeston Lord of Womat, Lord Napier, and William Earl of Glancarn, and all Royalties, Priviledges, Franchises, Immunities, Rents and Appurtenances, to the said Honors, Manors, Castles, Houses, Messuages, Forests, Chases, Parks and Lands, or any of them in Scotland belonging or appertaining, or 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 setled, 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 Commissioners at Leith, Lieutenant-Colonel Wilks, Deputy Governor of Leith, David Barkley, Esq; John Harper 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 maner, 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.

The Order of setting out the Lands.; First to Creditors.; Unto the wife or children.

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 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 or persons in or to any the premises, 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 satisfie all the Debts, Charges and Incumbrances so allowed as aforesaid, and also the provision made by the said Ordinance for the Wife, Childe 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 allot and let 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 satisfie such Debt, Charge and Incumbrance, and to convey the Inheritance of the said Land so set out unto such Creditor and Creditors, and 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 thenceforth have, hold and enjoy all and every the Lands and premises so set out and conveyed, according to such conveyance freed and discharged, in maner as is herein provided, of and from all and all maner of Bargains, Sales, Gifts, Grants, Mortgages, Judgements, Decrees, Jointures, 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 and forty eight. And that the said Trustees shall convey and assure unto the Wife, Childe or Children of such excepted person respectively, Lands, Tenements or Hereditaments of the clear yearly value appointed unto such Wife, Childe or Children by the said Ordinance respectively, under such yearly Rent and Rents, and in such maner, as is in and by the said Ordinance limited and appointed.

Lands to be assured to persons to whom they were given by Parliament.

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 Parliament hath by Vote or Order of Parliament given any Lands in Scotland, and to their Heirs and Assigns the Lands, Tenements and Hereditaments, which have been already allotted and set out unto them upon Survey by the Commissioners for Sequestrations in Scotland, out of the Estates of any the persons so excepted as aforesaid in pursuance of such Vote or Order, and which have been by them or their Tenants or Assigns possessed and enjoyed, according to such survey and allotment, in performance of the said respective Votes and Orders under the Rents, Conditions and Limitations in such Vote or Order expressed (if any be) to be by them enjoyed accordingly.

If the Lands be not sufficient, then the Trustees to distribute them.

Provided always, That in case the Lands, Tenements and Hereditaments of such excepted person be not sufficient to satisfie the respective Debts, Charges and Incumbrances of such respective person, and also to make up the full provision aforesaid, for his Wife, Childe or Children, that then the said Trustees, or any four of them, be impowered and authorized, and are hereby impowered and authorized to distribute all and every the Lands, Tenements and Hereditaments of every such excepted person amongst the said Creditors; and the Wife Childe or Children of such person, so far as the same shall extend proportionably, every of them bearing a proportionable abatement of what the premises shall fall short to satisfie, and to convey and assure the same so proportioned accordingly.

Where persons to whom Lands are given are already setled the same shall be conveyed.; Other Lands to be set out of other forfeited Estates in case of defect.

Provided also, That in case any of the said persons unto whom the Parliament hath given Lands in Scotland, be already setled by the said Commissioners in any of the Lands or Estate of such excepted person, whose Lands shall not be sufficient to satisfie his Debts, and make provision for his Wife and Children as aforesaid, that yet nevertheless the said Commissioners shall convey and assure unto such person and persons, and his and their Heirs, the Lands so allotted and set out unto him as aforesaid, and in lieu thereof, shall allot and set forth Lands of the same value, or to such value as the Lands of such excepted person shall fall short as aforesaid, so as the same exceed not the full value of the premises so allotted and set out by the said Commissioners for Sequestrations unto such person, out of the Lands and Estate of some other of the persons excepted in the said Ordinance, of whose estate there shall be a remainder after the Debts, Charges and Incumbrances satisfied, and provision made for his Wife and Children as aforesaid, and shall convey the same unto the Creditors in such sort as is before directed and ordained.

Where Lands of persons not excepted are set out other Lands shal be set out.; Incident charges how to be discharged.

Provided also, That if the said Commissioners for Sequestrations have allotted and set out unto any of the said persons to whom the Parliament gave Lands as aforesaid, any Lands, Tenements or Hereditaments of any person or persons not excepted by the said Ordinance from Pardon, that then the said Trustees or any four of them, be impowered and authorized to set out, convey and assure unto such person and persons, and his and their Heirs, out of the estate and estates of one or more of the said excepted persons, which shall remain after the Debts, Charges, and Incumbrances charged or chargeable upon such Estate, and such provision for the Wife, Childe, or Children of such excepted person so satisfied and made as aforesaid, in lieu of the Lands so set out and allotted by the said Commissioners for Sequestrations unto such person and persons as aforesaid. And for the defraying of the incident charges in and about setling the premises, Be it ordained by the Authority aforesaid, That all and every person and persons who shall bring unto the Commissioners herein named, any Claim of any Estate, Title, Interest, Debt, Charge, or Incumbrance to, out of, or upon any of the premises hereby vested in the said Commissioners, and a Certificate of the allowance thereof, under the hands of the Commissioners for allowing Claims, shall before any allotment or conveyance shall be made unto him, her or them, by force of this Ordinance, pay in ready money unto such person or persons as the Commissioners herein named shall appoint for that purpose, three pence in the pound sterling, according to the value of such Estate, Title, Interest, Debt, Charge, or Incumbrance, so claimed and allowed. And in case the Sum so paid in at the rate aforesaid, shall not be sufficient to defray the whole charge which shall arise by the surveying, allotting, and setling of the Estate of such excepted person in maner as aforesaid, that then it shall be lawful to and for the said Commissioners herein named, or any four of them, to demand and receive of each of the said persons so claiming, such further Sum and Sums of money, as his proportionable part of the said Charge shall amount unto, which the said respective Claimers are hereby required to pay unto such person and persons so appointed by the Commissioners aforesaid. All and every which Sum and Sums of money so paid in, shall be issued and paid out by warrant of the said Commissioners or any four of them, for satisfying and defraying the said Charges as they shall think fit. And the said Commissioners herein named, are hereby authorized and impowered to appoint Surveyors, if they shal finde it necessary, and also Clerks and other necessary Officers for this Service, and to administer an Oath unto such Surveyors as they finde necessary to imploy, for the faithful discharge of their duty herein, and also to allow such fitting Salaries as they shall think fit.

Persons not chargeable with this payment.

Provided, That this shall not extend to charge any Wife, Childe or Children of the said excepted persons, nor any person to whom any Lands have been given by the Parliament, with the payment of any Sum or Sums of money towards the said Charge.