The Records of the Parliaments of Scotland to 1707, K.M. Brown et al eds (St Andrews, 2007-2024), date accessed: 28 March 2024
[1641/8/201]1
Act in favoures of orphanes, fatherlesse and otheres
Our soverane lord, with the advyse and consent of the estates of this present parliament, wnderstanding many pitifull effectes daylie fund and encreasing anent the miserie and povertie of orphanes and fatherles childrene to have bene occasioned in this maner: that many ignorant people the tyme of the acquyring to them of bands, contractes and other securities for payment of somes of money takes the samene to them, there heires, executores and assigneyes with clause and conditione of annualrent therfore dureing the not payment of the said principall soume, meaneing therby that the samene should nowayes remaine wnproffitable dureing the not payment therof, and nowayes that the said clause or conditioune should make the same soume perteene to the heir in prejudice of ther bairnes and otheres neerest of kine by the heir, wheras by the contrary, by the interpretatione nowe observed, all such soumes and securities beareing annuell or proffite are exponed to be heritable eftir the terme of payment and to perteene to the heir, so that therby the rest of the childrine, neerest of kinne and otheres haveing interest are alltogidder therefrom secludit and lefte pitifullie wnprovydit of any meanes to leive one, as also the saidis bandis and contractes are verie ofte fraudfullie consealled and abstracted and never knowne to the trewe owneres therof, that in due tyme they might make wse of the same, which is against both equity and consience, and the intention of the pairty acquyrer of the saidis securityes, wherby great nomber of orphanes, fatherles childrine and others that is so prejudgit of that is due to them, either by ther naturall portione or otherwayes adebted, are brought to great povertie and miserie and forced to become beggeres, which is ofte fund by pitifull experience. For remeid, our said sovyerane lord, with advyse of the saidis estates, statutes and ordeanes that all contractes or bandis for soumes of money payable to pairties with conditione of payment of annuel rent or proffite made at any tyme heirefter shall be holden and estimat to perteene to the bairnes and neerest of kine to the defunct, except seasing fallow therwpon in the lyftyme of the creditor acquyerer therof, or that by the tennor of the band or contract the samene be conceived to be payable to the heires and assigneyes secluding the executores, or otherwayes that the said band or contract beare per expressum obleishment to infefte; in either of the which excepted caises, ordeanes the saidis soumes to be heritable and perteane to the heire, and outwith the saidis excepted caises, ordeanes the saidis soumes to be confirmed by the executour without payment of any quote for the samene, and that to the end the neerest of kine and otheres haveing intrest as said is be nowayes frustrat of what may be due to them, nor yit the said bands or contractes fraudfullie concealled or abstracted from them, everie one of them for ther owne pairtes, provyding allwayes that by virtue of this present act the bandis or contractes heirby ordeened to perteene to the neerest of kine to the defunct and to be confirmed shall not fall wnder the compas of escheat, nor yit any pairt therof perteene to the relict jure relictae, bot shall remaine in the owne nature quoad fiscum et relictam as they wer befor the making of this acte.
- NAS, PA2/22, f.190v-191r.