The Records of the Parliaments of Scotland to 1707, K.M. Brown et al eds (St Andrews, 2007-2024), date accessed: 28 March 2024
[1592/4/88]1
Regarding the escheats of rebels
2Our sovereign lord, with advice of his estates in this present parliament, statutes and ordains that no assignation or other evident allegedly made in defraud of the creditor shall be a valuable title to pursue or defend with, if it shall be then instantly verified by writing that the cedent remains rebel and at the horn for the same cause unrelaxed, nor any gift of escheat, assignation or other right proceeding thereof allegedly made in defraud of the creditor and in favour of the rebel shall be valuable title to pursue or defend with, if it shall be then instantly verified by writing that the rebel remains still at the horn for the same cause. As also it shall be a relevant exception against any pretending title by assignation or gift of escheat of the rebel to allege that the said rebel himself, his wife, bairns or near friends remain in possession of his tacks and goods to his own use and benefit; and in case escheats or liferents shall happen to be given any other way than to the benefit of the party offended, the treasurer shall be held to make the disposition to a responsible person who shall be debtor to the party at whose instance the horning is led for his debt, or the treasurer (if he think good) shall take good sufficient caution for his relief. And in case the donator shall not be found responsible in lands or goods, our sovereign lord, with advice of his estates, declares the gift to be null. And because persons convicted or standing rebels for treason, murder, slaughter or other odious crimes commonly have the fruition of their goods, debts, tacks, steadings and possessions, their houses still held and possessed by their wives, bairns or tender friends to the defraud of the law, of the profit of the crown and encouraging of wicked men after committing of mischievous deeds, and that under pretence and colour of fraudulent dispositions or assignations made by themselves or gifts of their escheats deceitfully purchased or transferred in favour of themselves, their wives, bairns, tender friends or well-wishers, to their commodity and benefit; for remedy whereof, our sovereign lord, with advice of his estates, statutes and ordains that the said fraudulent and deceitful dispositions of escheats, or anything following thereupon, shall not serve to nourish and sustain the said traitors and rebels in their contempt and rebellion, but that it shall be lawful to his highness and his treasurer to intromit with and take up the said escheat goods, gear and debts remaining in the possession of the person by whose deed and occasion it fell, or of his wife, bairns, family or tender friends whatsoever, upon the ground and within the house occupied and possessed by him before he was declared or put to the horn; or in case he has been reset in the same house at any time after his forfeiture or denunciation to the horn, notwithstanding any fraudulent disposition or assignation or deceitful gift or right of escheat purchased of the same in favour or to the benefit of the said traitors or rebels of before, through which the house and possessions of the said traitors and rebels shall in no way be suffered to come to their use or commodity, directly or indirectly, during the time of their rebellion and the taking up of the said escheated goods and debts, and labouring of the said tacks and possessions during the continuance of the said traitors and rebels in their rebellion shall in no way be put in to the said treasurer or others having his right or direction as any action, criminal or civil, exonerating and discharging them of the same forever; and that the said treasurer or his deputes cause the houses of the committers of the crimes foresaid be detained and kept upon the expense of the readiest of the said escheated goods.
- NAS, PA2/14, ff.33r-v.
- Written in margin: 'V'.