ACT anent the selling of the Lands of forfaulted Persons. 20. February, 1645.  
THe Estates of Parliament now convened in the second Session of this first triennall Parliament, by virtue of the last Act of the last Parliament holden by his Majesty 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 equity and reason, That the Vassals, Cautioners, and true and real Creditors of any person or persons, of whatsoever quality, that should be forfaulted in this present Parliament, or at any time thereafter, should be prejudged by the forfeiture of the said's persons off their right of property of any Lands, Wodsets, and others, holden by them of the said's forfaulted persons, or of the payment of their just Debts, and relief of their true and real Cautionries, for payment and relief whereof the said's forfaulted persons stood obliged, the said's Vassals, Creditors, and Cautioners foresaids, not being airt, pairt, accessary, nor assisting to the crimes for which the sentence and doom of forfalture was or should be discerned: Therefore the said's Estates found, discerned, and declared, That the Vassals of any person or persons of whatsoever quality, 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 doom of forfeiture should be given and pronounced against them, should not be prejudged anent their right and property of the Lands, Annuall-rents, Wodsets, and others holden by them of the said's forfaulted persons; but that the said's Vassals should be in that same case and condition with these who comes in the right and place of the said's forfaulted persons, as the said's Vassals were with the samin forfaulted persons, their Superiors, before the Sentence and Doom of forfaulter, The saids Vassals no ways being airt, pairt, accessary, nor assisting to the said's forfaulted persons, in the committing of the crimes or deeds, for the which the Sentence or Doom 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 said's forfaulted persons, or these who had any part of the fines assigned to them by the Public, should no ways be prejudged by the foresaid forfaulter, anent the payment of the said's Creditors, of their real, just, and true Debts owing and assigned to them, and anent the saids Cautioners their relief of their just and true Engagements, and Cautionries', but that the said's Creditors and Cautioners respectiuè, should have action and execution for their payment and relief respectiuè, against the Lands and Estate of the forfaulted persons, their Debtors sicklike, and in the samin manner, as if they had not been forfaulted; Providing the said's Creditors and Cautioners have not been airt, pairt, accessary, nor assisting to the said's forfaulted persons in the committing of the Crimes for which they were or should be 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 convened also, considering That several 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 weal of the lawful Creditors and Cautioners of persons forfaulted heretofore, or who shall happen to be forefaulted hereafter: And for the weal 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 weal of the Public for defraying of the Public 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 their presents, or who shall happen to be forfaulted hereafter in this present Session of Parliament, to their just and lawful Creditors to whom the said's persons forfaulted, or to be forfaulted, are Debtors as Principals, or whom the said's persons forfaulted, or to be forfaulted, are Debtors in the way of lawful relief: They being Cautioners for the said's persons forfaulted, or to be forfaulted, or to whom the said's 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 said's persons forefaulted, or to be forfaulted, are Cautioners, May in due time, both for their own, and the Public weal, 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 Kingdom, for the weal of the Public, and for the relief of the Public Burdens. Therefore the said's Estates of Parliament, Statutes and Ordains, That all person or persons whatsomever, to whom any person already forfaulted before the date of their 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 Principal 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 lawful Creditors; Shall exhibit and produce before the Committee of Estates; to be appointed to sit at Edinburgh, or where it shall 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 said's persons forfaulted, or to beforfaulted in this present Session of Parliament, are their just and real Debtors, either as Principal Debtors to them, or as Debtors to them as Cautioners for other persons, or whereby they are Cautioners for the said's forfaulted persons, or to be forfaulted in this present Session of Parliament: And which Cautioners, the said's 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 Country, within three months; and these that are within the Country, within threescore days, after publication hereof at the Head burgh's of the several 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 failyie, To exhibit and produce before the Commit of Estates Their foresaids Writs, Evidents, and Securities, made to them by the said's forefaulted persons within the Diets respectiuè 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 Public. Neither shall they have any action against their Cautioners, but prejudice always to them after production, in manner, and at the time foresaid, to take presently back their Writs and Pursue: But prejudice also to the said's Creditors of their action and execution competent to them against their Cautioners, conform to their Bands and Rights. It is also declared for the Cautioners of the said's forefaulted, or to be forefaulted persons, that they shall not be holden to produce the Writs and Bands wherein they are Cautioners, But only 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 pertain to the public for relief of their public Debts and Burdens in all time hereafter, without any Burden of payment of the Debts owing to the said's Creditors failying, 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 liable to their Minors, for refounding their damnage and interest. Likeas also the Estates of Parliament; considering That the foresaid persons already forefaulted, may be engaged in manner abovespecified, either as Principals or Cautioners to divers and several persons their Creditors: To which Creditors not present payment of their Debts can be made in a present convenient and expedit way, without the selling of the Lands, Heritage's, and Estates, which pertained to the foresaids persons forefaulted before their forefaulter; The sale whereof cannot be expeditely done, neither for the weal of the said's Creditors, nor for the weal of the Public. And to the effect the said's Creditors may receive satisfaction in a just and reasonable way, out of the said's forefaulted persons, their Lands, Heritage's, and Estate, And that the benefit of the residue thereof, may come into the Public of this Kingdom; Therefore the Estates of Parliament, Decernes and Ordains, That the foresaids Creditors or Cautioners shall be obliged, To accept ane proportional part of the Lands and Heritage's of the said's persons forefaulted their Debtors respectiuè, 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 Marks of ordinar yearly constant Rent for ilk sum of Two thousand Marks, addebted by the said's forefaulted persons, to their said's 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, Heritage's, 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 Marks of y●erly constant Rent for ilk sum of One thousand Marks, 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 Public is addebted, They advancing in ready money the one half, at ten years' purchsaes, and accounting in payment of their debts, being lent money, or furnishing to the Armies: the other half, at the rate of fifteen years' purchase. Likeas, The saids Estates of Parliament, do by their 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 rental thereof, and to estimat and convert Victual 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, Heritage's, 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 said's Buyers, shall be valide sureties to them thereof, in all time-coming. And siclike Ordains Infestments to pass 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 King's Majesty, and Prince. And Presentations to be granted by the said Committee of Estates, to other Superiors, of so many of the foresaids Lands, and others above-specified, as are holden of the said's others Superiors.  
Alex. Gibsone Cler. Registri.