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, [Page 270] 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, [Page 271] 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 [Page 272] 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 therest 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 [Page 273] 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 [Page 274] 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.

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

Provided also, That in case any of the said persons unto whom the Parlament hath given lands in Scotland, be already settled by the said Commissioners in any of the Lands or Estate [Page 275] of such excepted person, whose Lands shall not be sufficient to satisfy 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 premisses 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 satisfyed 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.

Provided also, That if the said Commissi­oners for Sequestrations have alotted and set out unto any of the said persons to whom the Parlament 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 impowred 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 [Page 276] such provision for the Wife, Child. or Children of such excepted person so satisfyed 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 settling the premis­ses, 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 premisses 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 settling of the Estate of such excepted person in manner 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 proportionavle part of the said Charge shall amount unto, which the said respe­ctive Claimers are hereby required to pay unto [Page 277] 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 im­powred to appoint Surveyors, if they shall find, it necessary, and also Clerks, and other neces­sary Officers for this Service and to administer an Oath unto such Surveyors as they shall find necessary to imploy, for the faithful discharge of their duty herein, and also to allow such fitting Salarirs as they shall think fit.

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