OVr Soveraign Lord, considering how ne­cessary and essential it is to the very being and flourishing of Kingdoms and Nati­ons, that there should be a National confidence among the People themselves, and with these of other Nations with whom they have correspondence and traffick abroad; and that the most effectual and proper way to beget, cement, and main­tain the same, is, that Promises, Pactions, Obliege­ments and Debts be faithfully performed and satis­fied, without which there can be no trust, and conse­quently no society, intercourse and commerce at home, and all trade and traffick with other Nations will certainly decay and cease, to the irreparable losse, ruine and discredit of the Nation: Yet, the troubles and dif­ficulties of the time being so great, that it is fit some breathing time and encouragement should be given to the Debitors, for the better inableing them to keep their credit, and to take some effectual course for payment of their Debts. Therefore, His Majesty, with advice and consent of the Estates of Parliament, Statutes and Ordains, That for all Sums and Debts contracted before the tearm of Whitsonday, one thousand six hun­dred and fifty eight years, and exceeding one thousand pounds Scots of principal, personal execution shall be forborne by the space of six years, to begin at Whitson­day last by-past, in this instant year, one thousand six hundred and sixty one, Providing, that the Debitors make payment of one years Annualrent at Candle­messe next, in the year, one thousand six hundred and sixty two, and that the residue of the by-gone Annual­rents of the said Sums, resting unpaid at Whitson­day [Page 4]next, shall become and be made a principal Sum, and the Debitor shall give security for the same to these who have right to the by-gone Annualrents, when they take the benefit of the foresaid forbearance, in man­ner aftermentioned; or at any other time that the same shall be demanded: Which Security to be granted for the said by-gone Annualrents, made up in a principal Sum, shall bear obliegement to pay Annualrent for the same, in manner and from the tearms after-speci­fied, viz. For a third part thereof, from Whitsonday next, one thousand six hundred and sixty two years; and for an other third part, from Martimesse thereaf­ter, in the said year; and for the last third part, from Whitsonday, in the year one thousand six hundred and sixty three, during the not payment of the said principal Sum so made up, for which personal execution is to be forborne, as for the other principal Sums, by the space aforesaid of six years after Whitsonday last. And without prejudice of the Security to be granted in manner foresaid, it is also Declared and Ordained, that the said by-gone Annualrents, are made up and shall be holden and esteemed principal Sums; and that An­nualrents shall be due and payable for the same from the tearms and in manner foresaid, and that execution shall follow at the instance of those who have right to the same, upon and by vertue of their Bonds, Con­tracts, and Rights, and of this present Act and Ordi­nance in the same manner, as if a new Security were already granted in manner and of the tenour above-written.

And notwithstanding of the premiss, it is hereby Declared, that the Lords of Session shall have power to grant and passe Suspensions for Sums, not exceed­ing one thousand pounds, upon such reasons as they shall think just.

And where those who have right to by-gone An­nualrents are only Liferenters, and have no right to the stock and principal Sum, It is Ordained, that it shall be lawfull to them to use execution for the whole by-gone Annualrents due to them, as they might have [Page 5]done before the making of these Presents; and that the saids Lords of Session, shall have power to grant and pass Suspensions against the saids Liferenters, in case they shall find just grounds and cause for granting of the same.

It is likewayes provided, that the benefit of the said forbearance, shall only be granted and competent to such Debitors, as shall pay the said years Annualrent within the time foresaid, and shall betwixt and the first of November, compear before any of the Lords of Ses­sion with the Clerk, and declare before them upon Oath, that their Debts exceeds the value of four years Rent of their Estate, pertaining to, and possest by them: which Declaration, extracted under the hand of the Clerk of Register, or his Deputies, shall be a suf­ficient Security against Personal execution: And for which Extract, the Clerk Register and his Deputies shall have for their Fees the sum of thirty three shil­lings four pennies Scots, and no more. And it is De­clared, that all persons, who shall not by themselves, or their Tutors or Curators, appear and declare with­in the time, and in manner foresaid, shall be excluded from the benefit of the foresaid forbearance, and shall never be reponed or admitted thereafter upon any pre­text whatsoever.

And the benefit of the foresaid forbearance being granted to the Debitors, or any of their Cautioners, upon the compearance and declaration foresaid, shall only be personal for them and their Heirs and others re­presenting them, and shall not be extended to those who are bound with them, and lyable to the saids Debts, unless they also compear and declare, that their own proper Debts and Cautionry for persons who have ta­ken the benefit of this Act, exceeds the value of four years Rent of their Estate, and that within the time and in manner foresaid.

And for the more ease of the Debitors, it is Ordai­ned, that in case within the time of the forbearance fore­said, the Debitor shall offer to the Creditor a part of [Page 6]his Debt, not being beneath or within the third part of the whole Sums, due by him to the Creditor for the time, the Creditor in that case, shall be holden to accept of the said partial payment, and in case of his refusal, offer being made of a part of the said Sums, not with­in the proportion foresaid, in presence of a Notar and Witnesses, the Debitor, upon consignation of the same in the hands of the Clerk of the Bills, shall be free of the Annualrent of that part of the said Sum that shall be consigned in all time coming, after the consigna­tion foresaid.

And whereas the legal reversion of Comprisings, was formerly limited to seven years, His Majesty, for the reasons and with consent foresaid, is graciously pleased to extend the same to ten years in all time com­ing; and Statutes and Ordains, that all Compri­sings, already deduced, and whereof the legal reversion is not yet expired, or which shall be deduced any time hereafter, shall be redeemable within the space of ten years after the date of the same; and all Comprisings deduced since January, one thousand six hundred and fifty two years, and whereof the legals are expired, and all Comprisings deduced before the said moneth of January, one thousand six hundred and fifty two years, and which were not expired before the said moneth of Ja­nuary, one thousand six hundred and fifty two years, shall be redeemable within the space of three years, af­ter Whitsonday now last by-past, notwithstanding the legal reversions of the same be now exp [...]ed.

And in case the Lands and others comprised, exceed in yearly Rent and value the Annualrents of the Sums contained in the saids Comprisings, [...] of the expence disbursed in obtaining Infeftments thereupon, and the Debitor shall desire the Creditor to possess the Lands and others comprised, it shall be lawfull to the Lords of Session, like as the saids Lords are hereby impow­ered and authorized, upon a Supplication to be made to them by the Debitor and citation of the Comprisers, to appoint the Apprisers to possess such of the saids [Page 7]Lands and others during the legal reversion, as the saids Lords of Session shall think just and reasonable, the saids Debitors alwayes giving possession to those who have right to the saids Comprisings, and ratifi­ing their possession already apprehended by them (if any such possession they have) of such of the saids Lands and others as the saids Lords of the Session shall appoint, not being beneath in yearly Rent and value of the Annualrents above-mentioned; or other­wayes giving to the Creditors (whether they have pos­session or not) sufficient Security, at the sight of the saids Lords, for payment of the saids Annualrents, during the time foresaid; the saids Lords of Session having alwayes power to determine, whether in the cases foresaids the Debitor shall give Surety to the Creditor for his Annualrents, or the Debitor not being able to give Surety, the Creditor shall be oblieged to take possession of the Debitors Lands: And if the Lords of Session shall appoint, in the case foresaid, the Creditor to be possest for his Annualrent, then, and in that case, the Debitor shall be holden to deliver the Evi­dents of the saids Lands to the Creditor or transumps thereof; providing alwayes, that the Creditors right, by vertue of the saids Comprisings, be no wayes pre­judged after the expiring of the same: And that th [...] whole Lands and others, both such as shall be posses­sed by the Debitor, and the remanent of the Lands and others contained in the saids Comprisings, shall pertain to the Creditor irredeemably.

And because oftentimes Creditors, in regard they live at distance, or, upon other occasions, are prejudged and preveened by the more timeous diligence of other Creditors, so that before they can know the condition of the common Debitor, his Estate is comprised, and the posterior Comprisers have only right to the legal reversion, which may and doth often prove ineffectual to them, not being able to satisfie and redeem the prior Comprisings (their means and money being in the hands of the common Debitor) Therefore it is Sta­tute [Page 8]and Ordained, That all Comprisings, deduced since the first day of January one thousand six hundred and fifty two years, before the first effectual comprising or after, but within year and day of the same, shall come in pari passu together, as if one comprising had been deduced and obtained for the whole respective Sums, contained in the foresaids Comprisings. And it is Declared, that such Comprisings as are prefe­rable to all others in respect of the first real Right and Infeftment following thereupon, or the first exact diligence for obtaining the same, are and shall be hol­den the first effectual comprising, though there be others in date before and anterior to the same; and the foresaid benefit given and introduced hereby, in favours of these whose Comprisings are led within the time, and in manner foresaid, is only granted and competent in the case of Comprisings, led since the first day of January, one thousand six hundred and fifty two years, and to be led after the date of thir presents, and for personal Debt only, without prejudice alwayes of ground Annuals, Annualrents due upon Infeft­ment, and other real Debts, and Debita fundi, and of Comprisings therefore of Lands and others affected therewith, which shall be effectual and preferable ac­cording to the Laws and Practick of this Kingdom now standing; And it is also provided, that the Credi­tors, having right to the first comprising, except as is above excepted, shall be satisfied by the posterior Com­prisers, claiming the benefit foresaid, of the whole ex­pence disbursed by them, in deducing and expeding the said first Comprising and Infeftments thereupon.

And further, for obviating the frequent and fraud­full practice of the appearand Heirs of Debitors, who are in use to acquire the right of expired Compri­sings, and by vertue thereof, to enjoy and possess their Predecessors Lands and Estate, to the prejudice and defrauding of the posterior Comprisings and other Creditors, It is Statute, that in case the appearand Heir of any Debitor, or any other confident person [Page 9]to his behoof, shall at any time hereafter acquire the right of an expired Comprising, already deduced, or which shall be led and deduced hereafter, the said right shall be redeemable from the appearand Heir, or the said confident person their Heirs and Successors with­in the space of ten years, after the acquiring of the said right, by the posterior Comprisers, upon payment allanerly of the Sums truely paid and given out, for buying and acquiring the saids rights, at the least so much thereof as shall be resting unsatisfied for the same, by the intromission of the appearand Heir, or of the said confident person, or their foresaids.

And His Majesty, with consent foresaid, doth De­clare, That the benefit foresaid introduced hereby anent Comprisings, shall be extended to Adjudications for Debt; so that the Creditors, at whose instance the same are obtained, and those who have right to re­deem the same, shall be in the same case as to the be­nefit foresaid, as if the said Adjudications for Debts were Comprisings.

And in case a Creditor, against whom the benefit of the foresaid forbearance for six years shall be taken, or who hath led or shall lead a Comprising against the Debitor, shall think fit, and be willing and de­sirous to take his Debitors Lands, or other Estate, or any part thereof for security or payment, and in satisfaction of his Debt, then, and in either of these cases, the Debitor shall be holden to give Security out of his Lands, and other Estate, or to sell the same to the Creditor, at the sight of the Lords of Ses­sion, with such warrandize, and at such rates and prices (if the Creditor be content to buy) as they shall appoint, with certification, that otherwayes the De­bitor, refusing or failing, shall lose and forfeit all be­nefit introduced in favours of the Debitors by this present Act, as if it had never been made.

And in regard some persons may have taken ad­vantage of the late times and troubles, by taking and acquiring of proper Wodsets of Lands and [Page 10]others, exceeding the Annualrent of the Sums lent upon the same; and providing neverthelesse, by the right of the foresaids Wodsets and expresse provisions therein, or by writ a part, that they should not be ly­able to any hazard of the Fruits, Tennents, War, or Troubles; His Majesty, with consent foresaid, Sta­tutes and Ordains, that all such Wodsets, granted since the year one thousand six hundred and fourty nine, shall be restricted to the ordinary Annualrent of the Sums whereupon the same are redeemable; and the saids Wodsetters, shall be countable for the superplus of the Mailes and Duties and other benefit of the same, exceeding the Annualrent of the saids Sums, and the same shall be imputed and ascribed, in satisfaction of the said principal Sums pro tanto: And in case any such Bargains and Rights, shall be made and acquired hereafter, His Majesty, with con­sent foresaid, Declares the same unlawfull and usu­rary, and the Contraveeners shall be punished se­verely as Vsurers, conform to the Laws and Acts of Parliament against Ockerers and Vsurers.

And as to proper Wodsets, granted since the time foresaid, where the Creditor undergoes the said ha­zards, and the same are affected with the ordinar pro­visions and clauses irritant, in case of not payment of the Sums given out and due upon the saids Wodsets, at the tearmes and in manner mentioned in the saids Rights, albeit the saids Wodsets and Provisions be lawfull; yet His Majesty, considering and having re­spect to the difficulties of the times, Statutes and Ordains, with consent foresaid, That the saids Clauses irritant, shall not take away the Heritors right, they alwayes redeeming within the space of five years after Whitsonday last: And in case the Debi­tors conceive, that they have dis-advantage by the said proper Wodsets, and shall desire to redeem the same, it shall be lawfull to them to redeem at any tearm of Whitsonday or Martimesse they please, notwithstand­ing of any provision to the contrair in the said Wod­set-rights, [Page 11]or any other right a part suspending the redemption thereof: Likeas it is Declared, That the Clauses of requisition contained in proper Wodsets, granted since the year one thousand six hundred four­ty nine years, shall be effectual and no wayes suspen­ded nor prejudged hereby; But prejudice alwayes to the forbearance of personal execution in manner above­written. And where the Creditors and Wodsetters have transacted with their Debitors and have acquired irredeemable rights, for, and in place of their former Wodsets, it is Ordained and Declared, That when, and at what time soever the saids Wodsets were gran­ted, whether before or since the year one thousand six hundred and fifty years, the saids transactions and irredemable rights acquired by the Creditor for the same, are and shall be valide and effectual, and shall no wayes be prejudged by these presents.

And further, His Majesty, with consent foresaid, doth Declare, That in case any Debitors have by vo­luntait agreement betwixt them and their Creditors, or any of them, renounced the benefit of any Acts of this nature, concerning Debitor and Creditor, made, or to be made, the said agreement shall be of force and effectual, and shall not be prejudged hereby, without prejudice alwayes to the said Debitor of the proroga­tion foresaid of the legal reversions of Comprisiings led and deduced against them, and not as yet expired, notwithstanding of the agreement and renounciati­on foresaid.

And because, before the year one thousand six hun­dren and fifty, when money past at eight or ten per cent. divers proper Wodsets were then made and granted and are yet unredeemed; and since the beginning of January, one thousand six hundred and fifty, there be divers persons, who taking advantage of the times, refused to lend their money, unlesse they got proper Wodsets of Lands and Teinds, at extraordinary ad­vantages, to the heavy prejudice of the Debitors: Therefore, His Majesty, with advice foresaid, Sta­tutes [Page 12]and Ordains, That in time coming, during the not requisition of the Sums whereupon the saids Wod­sets are redeemable, and during the not redemption of the same respectively, if the Debitors shall give suf­ficient Security to the Wodsetter for payment of his Annualrent, during the not redemption, or not re­quisition, as said is; In that case, the Creditor, Wod­setter, shall be holden to renounce and quit his possessi­on of the saids Lands and Teinds, in favours of the Debitor and others having right from him, At least if the Wodsetter shall be content to retain the possession of the same; In that case all the free Profits and Rents, which he shall have or uplift out of the saids Lands, shall be restricted to six per cent. yearly of free money, and the Wodsetter shall be countable to the Debitor or others having right from him for the super­plus; and that without prejudice of the Wodsetter's reall Right and Infeftment, ay and while the Lands be redeemed, and the principall Sum whereupon the same is redeemable shall be satisfied. It is alwayes provided, that where any Creditor hath had loss by his possession of the wodset Lands and others since the date of his Wodset, So that he hath not received as much free Rent as communibus annis hath extended to the Annualrent allowed by Law for the time, all charges and burdens being deduced, in that case, it is provided that the Wodsetter shall be first satisfied of what he wants before he quit his possesion of the said wodset Lands, or be holden to accept Security for his Annualrents: And it is Declared, that in the account of the Wodsetter's by-gone losse, there shall be allowed what he hath disbursed upon reparation and building of Tennents houses, Milnes, and for the advantage of the ground; and generally all other expence which the Wodsetter was put to, and what losse he sustained in reference to the said wodset Lands, Rights and Se­curities thereof any manner of way; and what he hath lost by Quarterings, Cesse, waste Land, depaupe­rated Tennents, or by Tennents who were or are not [Page 13]able to pay, unlesse the ground should be casten waste: And because the Wodsetters probation of his saids losse may be difficile, he not conceiving that there should be necessity for any such count, or that there should be any alteration made in the right and posses­sion of his proper Wodset, Therefore, His Majesty, with advice foresaid, doth allow the Lords of Ses­sion to take such reasonable probation as in equity they shall think fit: And if there be any deficiency, to take the Wodsetters oath in supplement; and where the Wodsetter is in natural possession of the wodset Lands by dwelling thereon or labouring the same with his own Plough and Goods, or other­wayes, having the same plenished with his saids Goods, in that case, he shall not be holden to re­move from his said possession, but at the ordinary tearm of removing, and that he be lawfully warned fourty dayes before, and after sufficient Security shall be made to him in manner above specified before the said warning.

And His Majesty having granted so much favour, benefit and indulgence to Debitors as the like can­not be shown to have been granted at any time in this Kingdom, doth Declare, Statute and Ordain, That the Laws and Practick of the Kingdom con­cerning Debts and payment thereof and diligence and execution for the same, and concerning proper Wodsets, where the Creditor-wodsetter, hath the hazard of Fruits, Tennents, War and others, shall be observed inviolably, and be of full force, vigor and ef­fect in all time coming, excepting so far as the same is altered, innovat and repealed by this present Act.