THe Estates of Parliament now conveened in the second Session of this first triennall Parliament, by vertue of the last Act of the last Parliament holden by his Ma­jestie and the three Estates in Anno 1641. Consider­ing that the Estates of Parliament by their Act of the date the 27. of July 1644. Considering that it was against all equitie and reason, That the Vassals, Cautioners, and true and reall Creditors of any person or persons, of whatsoever qualitie, that should be forfaulted in this present Parliament, or at any time thereafter, should be prejudged by the forfaulture of the saids persons off their right of propertie of any Lands, Wodsets, and others, hol­den by them of the saids forfaulted persons, or of the payment of their just Debts, and reliefe of their true and reall Cautionries, for payment and relief whereof the saids forfaulted persons stood obliged, the saids Vassals, Creditors, and Cautioners foresaids, not being airt, pairt, ac­cessarie, nor assisting to the crimes for which the sentence and doome of forfalture was or should be decerned: Therefore the saids Estates fand, decerned, and declared, That the Vassals of any person or persons of whatsoever qualitie, who were or should happen to be forfaulted in that present Parliament, or at any time thereafter, for whatsoever cause, ground, or occasion, whereupon sentence and doome of forfaul­ture should be given and pronounced against them, should not be pre­judged anent their right and propertie of the Lands, Annuall-rents, Wodsets, and others holden by them of the saids forfaulted persons; but that the saids Vassals should be in that same case and condition with these who comes in the right and place of the saids forfaulted persons, as the saids Vassals were with the samin forfaulted persons, their Superiors, before the Sentence and Doome of forfaulter, The saids Vassals no wayes being airt, pairt, accessory, nor assisting to the saids forfaulted persons, in the committing of the crimes or deeds, for the which the Sentence or Doome of forfaulter, was, or should be given against them, as said is. And also found and Declared, That the true Creditors and Cautioners of the saids forfaulted persons, or these who had any part of the fines assigned to them by the Publick, should no wayes be prejudged by the foresaid forfaulter, anent the payment of the saids Creditors, of their reall, just, and true Debts owing and assigned to them, and anent the saids Cautioners their relief of their just and true Ingagements, and Cautionries, but that the saids Creditors and Cau­tioners respectivè, should have action and execution for their payment and relief respectivè, against the Lands and Estate of the forfaulted per­sons, their Debters sicklike, and in the samin manner, as if they had not been forfaulted; Providing the saids Creditors and Cautioners have not been airt, pairt, accessory, nor assisting to the saids forfaulted persons in the committing of the Crimes for which they were or should be [Page 2]forfaulted: And with provision, That they be Vassals, Creditors, and Cautioners, before the committing of the Crimes, whereupon the Forfaulter follows, as the said Act of the date foresaid proports. And, The saids Estates of Parliament now presently conveened also, consi­dering That severall persons were forfaulted in the last Session of this present Parliament: And that divers and sundry persons are and have been forfaulted in this present Session of Parliament. As also conside­ring, That it is expedient both for the weale of the lawfull Creditors and Cautioners of persons forfaulted heretofore, or who shall happen to be forefaulted hereafter: And for the weale of these to whom the persons forefaulted, or who shall happen to be forfaulted in this present Session of Parliament, are bound as Cautioners for any other person or persons. And als, for the weale of the Publick for defraying of the Publick charges of the Estates of this Kingdom, That ane just and expe­dite way be taken for the discovery of the just and lawful Debts, owing by any person or persons, either already forfaulted before the date of thir presents, or who shall happen to be forfaulted hereafter in this pre­sent Session of Parliament, to their just and lawfull Creditors to whom the saids persons forfaulted, or to be forfaulted, are Debters as Princi­pals, or whom the saids persons forfaulted, or to be forfaulted, are Debtors in the way of lawfull relief: They being Cautioners for the saids persons forfaulted, or to be forfaulted, or to whom the saids per­sons forfaulted, or to be forfaulted, are Cautioners for any other per­son or persons. And to the effect, that all person or persons, who are either Creditors or Cautioners to the persons forfaulted, or to be for­faulted, or to whom the saids persons forefaulted, or to be for­faulted, are Cautioners, May in due time, both for their own, and the Publick weale, make their Debts owing to them by the saids persons forefaulted, or to be forfaulted, either as Principals or Cautioners in manner abovespecified, known to the Estates of this Kingdom, that they may have the benefit of the foresaid Act of the date the 27 July 1644. And that their Debts being known and satisfied, and paid by the course afterspecified; The remainder of the Lands, Estate, and Goods, of the foresaids persons forefaulted, or to be forfaulted, and hail farther benefit thereof, may expeditely and conveniently come in to the Estates of this Kingdome, for the weale of the Publick, and for the relief of the Publick Burdens. Therefore the saids Estates of Parliament, Statutes and Ordains, That all person or persons what­somever, to whom any person already forfaulted before the date of thir presents, or who shall happen to be forfaulted in this present Session of Parliament, Is addebted justly and really in any sums of money, or any otherwise, either as Principall Debtors, or as Cautioners for any other persons. And als, that all persons who are Cautioners for any persons already forfaulted, or who shall happen to be forfaulted in this present Session of Parliament, to their lawfull Creditors; Shall exhi­bit and produce before the Committee of Estates; to be appointed to sit at Edinburgh, or where it shal happen them to be for the time after the rising of this present Session of Parliament, Their whole Rights, Writs, Evidents, and other lawful Securities, whereby the saids persons forfaul­ted, or to beforfaulted in this present Session of Parliament, are their just [Page 3]and reall Debtors, either as Principall Debtors to them, or as Debtors to them as Cautioners for other persons, or whereby they are Cautio­ners for the saids forfaulted persons, or to be forfaulted in this present Session of Parliament: And which Cautioners, the saids forfaulted, or to be forfaulted persons in this present Session, are obliged in law to relieve. And that the production of the foresaids Writs, Evidents, and Securi­ties, in so far concerns any persons forefaulted heretofore, or in the pre­sent Session of Parliament, Be made by the Creditors and Cautioners, so many of them as are without the Countrey, within 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 [Page 4]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.