Page:Ruffhead - The Statutes at Large - vol 7.djvu/97

 A. D.I 747* Anno vicefimo Georgii II. " C. 41, - ^3 ' tender, and aflifted hy a Body of Troops, furnlfhed by the Enemies of his Majefty and his Kingdom';, ' in which a Number of his Majefty's Subjefts, contrary to their Duty and Allegiance, have been wickedly ' and traiteroufly engaged ; and it being highly reafonable, that the Eilates, Real and Pcrfonal, of the Re - ' bels and Traitors, who have been or Ihall be duly attainted as guilty of, or engaged in the faid Rebellion, ' Ihould be difcovered and applied to the Ufe of his Majefty, in the moft fpeedy and efFeflual Manner ; and ' that due Proviiion be made for the SatisfaiSfion of all juft and lawful Claims, which any of his Majefty 's ' dutiful and loyal Subjefts may have to, upon, or out of the Eftates of fuch Rebels and Traitors ;' Be it therefore enafted by the King's moft Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament affembled, and by the Authority of the fame. That all and every the Lands and Heretages, Debts or Sums of Money, and Goods or Chatties The EiUtes Real whatfoever, and generally the Eftates, Goods and EfFeds, Heretable and Moveable, Real and Perfonal, l"^^^"y''l'^[^ defcendible to Heirs or Executors, Jurifdiftions, Life-rent Rights, or of what Nature or Kind foever they vefied in his' Ma- be, in that Part of Gn'at Britain called Scotland, or elfewhere, whereof any Perfon or Perfons, who, fince jefty, the twenty-fourth Day of June in the Year of our Lord one thoufand feven hundred and forty-five, hath or have been attainted, or, before the twenty-fourth Day of June in the Year of our Lord one thoufand feven- hundred and forty-eight, (hall be attainted by any Laws or Statutes of this Realm of High Treafon, for le- vying War within this Realm, or for confpiring the Death of his Majefty, or for any other High Treafon whatfoever, committed before the faid tv-fenty- fourth Day of June one thoufand feven hundred and forty- ei'^ht, within Great Britain or elfevi^here, was, were or fnall have been feifed or poflefied of, or interefted^ in, or intitled unto on the twenty-fourth Day of June one thoufand feven hundred and forty-five, or at any Time afterwards, in his, her or their own Right, or to his, her or their own Ufe, or whereof any other Perfon or Perfons was, were or fhall have been feifed or poflefied of, or interefted in, or intitled unto, to the Ufe of, or in Truftfor them, or any of them, fhall, according to the feveral and refpeiSlive Eftates and Li- terefts, which the faid Perfon or Perfons, attainted or to be attainted, within fuch Days and Times as aforefaid, or any in Truft for them, or any of them, had or jQiall have had therein as aforefaid, or did oi' Enight forfeit by fuch Attainder, ftand and be forfeited to his Majefty, his Heirs and Succeflbrs, and ftiall be deemed, vefted and adjudged, and are hereby declared and enafted to be in the aftual and real Pofl'effion of liis Majefty, without any Office orlnquifition thereof hereafter to be taken or found, and without any De-' clarator or Forfeiture to be obtained. • ■ n. And to the end that all the Eftates of the faid Traitors, of what Nature foever, within that Part of Great Britain- csWtA Scotland, hereby, or otherwife vefted, or hereby intended to be vefted in his Majefty, and the yearly and other Values thereof, and all Incumbrances thereupon, may be the better difcovered, known, defcribed and afcertained, and that the Rents, Iflues and Profits thereof may be recovered and brought in for the Ufe of his Majefty, and that due Examination be taken, and Satisfadiion made of all juft and lawful Claims to, upon or out of the faid Eftates, or any of them ; Be it further enafted by the Autho- rity aforefaid. That the Lord Chief Baron, and other Barons of the Court of Exchequer in Scotland for the ^^'■°"° °f 'h« time being, or any three or more of them, are hereby authorized, impowered and required to inquire into Scotland"'to"in- all fuch Eftates, both Real and Perfonal, within that Part oi Great Britain called Scotland, as are hereby quire into the or otherwife vefted, or hereby intended to be vefted in his Majefty ; and to caufe all and every the Rents, forfeited Eihtcs; Ifilies and Profits of the faid Real Eftates, until Sale thereof, to be efi^edlually levied and paid unto the Re- »" '« <:^"= the ceiver General of his Majefty's Land Rents, and Cafualties in Scotland, for the time being, who is hereby f '^u-^ m "■ V^'"* required to pay the fame forthwith into the Receipt of his Majefty's Exchequer at Weftminjler, for his Ma- ReceWer^Gene- jefty's Ufe ; and to account for the fame, in like Manner, as other publick Monies received and paid by him ral, &c. into the faid Receipt, are accounted for by him ; and to levy, raife, fecure and caufe to be fold, all fuch and the Perfonal Goods, Debts, and Perfonal Chatties and Eftates, within Scotland, as are hereby, or otherwife vefted in his Eftates, &c. to Majefty, and to fell the faid Real Eftates, after the Claims relating to fuch Eftates refpectively fhall be deter- ^^ '""^.^'i 3nd_ mined, or otherwife difpofe of the fame in the R'lanner herein after provided ; and out of the Rents and Pro- deter''? d*"^ duce of the faid Eftates, Real or Perfonal, to caufe Payment or Satisfacftion to be made of fuch Sums of ' Money, as fliall be due to any Claimants upoii the fame ; and in the Execution of the Premifles, the faid Barons to pro- Barons fliall and may proceed in Virtue of the Power hereby granted to them, in a fummary Way, without ^^'L^^'"'"' the Formalities ufually praflifed orobferved in their Proceedings, as a Court of Juftice. in. And for the better enabling the faid Barons of the faid Court of Exchequer, to put in Execution all the feveral and refpeftive Powers and Authorities by this ASt committed to their Charge and Truft ; Be it further enaded. That on or before the twenty-fixth Day of July in the Year of our Lord one thoufand feven Lifts of Perfons hundred and forty-feven, all and every Officer and Officers who has or have, or fhall, before the faid Day, adjudged ^Ki//y have the Cuftody of any Record or Records of the Attainder of any fuch Traitor or Traitors (other than ofHiijhTreaibn, of fuch who have been, or fhall be attainted by A( of Parliament) fliall tranfmit, or caufe to' be tranfmitted '° '"= tranfcit- to the King's Remembrancer, in the Court of Exchequer at Edinburgh, or his Deputy, Eftreats or Certifi- Rem°n-,bran'c'^'^- cates under their refpeftive Hands, or the Hands of their lawful Deputies, containing Lifts of all the Per- at Edinbur"h ■ ■ fons, who fince the twenty-fourth Day of June in the Year one thoufand feven hundred and forty-five, fhall appear by the faid Records in their refpective Cuftody, to have been adjudged to be guilty of Eligh Treafon ; which Lifts fliall contain the Names, Titles and Additions of fuch Perfons, the Species of Treafon, of which, and the refpe£l:ive Times, Places and Courts, when and where they were fo attainted ; and after the faid twcnty-fixth Day of July, the like Officers fliall, from time to time, caufe to be tranfmitted to the i-Jfis of other Office of the King's Remembrancer at Edinburgh, the like Eftreats or Certificates, or Lifts of all other At- Attainders to be taindcrs for High I'reafon, had at any Time before the twenty-fourth Day of June one thoufand feven hun- '""'"'"'^'^' dred and forty-eight, and that within the Space of thirty Days after fuch Attainders ; all which Eftreats, Certificates or Lifts, the King's Remembrancer in the Court of Exchequer at Edinburgh, or his Deputy, to be entered in fhall enter in a Boek to be provided and kept by him for that Purpofe,, a Book. IV. And