AN ORDINANCE For settling of the ESTATES Of several Excepted Persons in SCOTLAND in trusties to the uses herein expressed.   seal of the Commonwealth 

Wednesday April 12. 1654.  
ORdered by his Highness the Lord Protector, and his Council, That this Ordinance beforth with Printed and Published.  
Henry Scobell, Clerk of the Council.   
London, Printed by William dugard and Henry Hills, Printers to His Highness the Lord Protector, 1654.   

 seal of the Commonwealth  
AN ORDINANCE For settling the ESTATES of several Excepted Persons in SCOTLAND in trusties to the uses herein expressed.  
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 thereby left subject to divers debts, charges and Encumbrances, 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, Prouisoes 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 Encumbrances, and settling the premises, so appointed by the said Ordinance, for the provision of the said Wives and Children, And for the better confirmation 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 Honours, Manors, Castles, Houses, Messages, 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 Calendar, Earl Martial, 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 Marquis of Arguile, Lord Machlin eldest Son of the Earl of Lowdoun, Lord Montgomery eldest son of the Earl of Egglintoun, George Lord Spiny, 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 Honours, Manors, Castles, Houses, Messages, Forests, 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 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 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 trusties 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 premises, and of all Debts, Charges, and Encumbrances, 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 Encumbrances 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 trusties beforenamed, or any four of them, shall allot and set 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 satisfy such Debt, Charge and Encumbrance, 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 Encumbrance, 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 Premises 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, judgements, Decrees, jointures, Dowers, or other Encumbrances 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 trusties shall convey and assure unto the Wife, Child or Children of such excepted person respectively, Lands, Tenements or Hereditaments of the clear 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 trusties 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.  
Provided always, That in case the Lands, Tenements, and Hereditaments of such excepted person be not sufficient to satisfy the respective Debts, Charges and Encumbrances of such respective person, andalso to make up the full provision aforesaid, for his Wife, Child, or Children, that then the said trusties, or any four of them, be empowered and authorized, and are hereby empowered 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 Premises 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 Parliament hath given lands in Scotland, be already settled by the said Commissioners in any of the Lands or Estate 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 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 Encumbrances 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.  
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 trusties or any four of them, be empowered 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 Encumbrances charged or chargeable upon such estate, and such provision for the Wife, Child. 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 settling 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 Encumbrance 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 Encumbrance, 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 proportionaule 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 empowered 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 employ, 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 Parliament, with the payment of any Sum or Sums of money towards the said Charge.   

Wednesday April 12.1654.  
ORdered by his Highness the Lord Protector, and His Council, That this Ordinance be forthwith Printed and Published.  
Henry Scobell, Clerk of the Council.