ORdered by his Highness the Lord Protector and the Council, That for the Relief of Debitors, who are willing to satisfie their just Debts, and for the moderating of the rigor of Comprysings, and the severity of proceedings by Creditors against Debitors in Scotland; Every Debitor of Scotland who shall give in a List of his just Debts by himself, Tutor, or Curator, to the Commissioners for Administration of Iustice to the People in Scotland, and shall make Oath before them[?] that he is not able to satisfie the same either by Money or other personal Estate, and shall declare that he hath Lands, [...] Estate, and that he is willing that so much of his Lands, Tithes, or other real Estate shall be set out and allotted, as by indifferent persons to be appointed by the said Commissioners for Admi­nistration of Iustice, for valuation of Lands, Tithes, or other real Estate in every County upon Oath shall be found sufficient to satisfie every Creditor his just Debt, Principal, Interest, toge­ther with necessary charges and expences, as the same shall be allowed by the said Commissioners, and according to the priority of diligence of the respective Creditors; And shall likewise declare, that according to the appointment of the said Commissioners, he will legally convey and assure the said Lands, Tithes, or other reall Estate, so to be set out and allotted unto his respective Cre­ditors, as aforesaid.

That in such cases, and to such persons, (as well Principals as Cautioners respectively) the said Commissioners are hereby impowred to grant Suspensions for a convenient time, not exceed­ing One year, after the Date hereof, and to do all things requisite to the putting the Premises into effectual execution. Provided alwayes, that every such Debitor, Principal or Cautioner shall do and execute all things requisite for the perfecting the Premises at his or their charges and ex­pences respectively, and that the Lands, Tithes, or other reall Estate thus to be conveyed, shall be compleatly setled within One full year next after the granting of the said Suspension; other­wise, all benefit claimed, or intended by these Presents, shall be null and void to the said person, or persons, as if the same had never been granted; unlesse the said Commissioners for Administration of Iustice shall find, that such failer hath not been occasioned directly, or indirectly, by the Debitors.

Provided also, that these Presents shall not be of force to stay any Execution of any of the said Creditors against the personal or movable Estate of any of the said Debitors, wheresoever it can be found at any time before the perfect conveyance and settlement of the Lands, Tithes, or other real Estate, as aforesaid; nor shall it hinder any whose Principal Debts amount not to above the sum of One thousand Marks Scots money, to have liberty to proceed to execution against the Person of the said Debitor, Principal or Cautioner, as well as against his or their personal or movable Estate, or at their election to have the benefit of these Presents, and to come in with other Creditors. It is also hereby Declared and Ordered, That all Comprysings that have been laid and deduced against any Debitors since the First of May, 1652. shall be satisfied as other Debts, out of the De­bitors Lands, Tithes, or other real Estate, as aforesaid, aswell for the Principal Sums and In­terest, as necessary Expences bestowed by the Compryser in the deducing the Comprysing, and ob­taining Infeftments of the Superiors; and being thus satisfied, the said Comprysing shall be ipso facto void and null.

Provided alwayes, where the Lands, Tithes, or other real Estate of the Debitor, Principall, and Cautioner is not sufficient to pay all his Creditors, that then the said Lands, Tithes, or other real Estate shall be equally divided, pro ratâ portione, between all the said Creditors, allowing only to such of them who have the Prior Diligence, their said Proportion respectively, in such place as they shall require it, and the necessary charges they have been at in obtaining the said Diligences; Excepting out of these Presents all Comprysings, whereof the Legals are expired before the Date hereof; And also all Comprysings which have been laid and deduced before the First of May, 1652. and all final Transactions and Agreements made betwixt Creditors and Debitors, and all Rights given upon any such Transaction and Agreement.

It is also hereby Declared, That the Lands, Tithes, or other real Estates of the Debitor, which are nearest the usual dwelling of the Creditor, and which lie contiguous in the Low-Lands; or in case he have none, or not sufficient in the Low-Lands, then such of his Lands, Tithes, or other real Estate as lie nearest to the Low-Lands, shall be first set out and conveyed, as aforesaid; unlesse the Creditor shall desire to have the same in the High-Lands.

Provided also, That no Debitor who shall not seek the benefit of these Presents within one year after the Date hereof, shall ever thereafter be admitted to the same.

Ordered by his Highnesse the Lord Protector and the Council, That the Council in Scotland do cause this Matter to be published by Proclamation in Scotland.

ORdered, That his Highnesse, and the Councils Order, of the 15. of April, 1656 for the Relief of Debitors who are willing to satisfie their just Debts, and for the moderating the Rigor of Comprysings, and the severity of Proceedings by Creditors against Debitors in Scotland, be forthwith Proclaimed and Printed.