
Wills fraudulent against Creditors.Whereas it is not reasonable or just that by the practice or contrivance of any Debtors their Creditors
should be defrauded of their just Debts And neverthelesse it hath often so happened that where several
persons having by Bonds or other Specialties bound themselves and their Heires and have afterwards died seized
in Fee-simple of and in Manours Messuages Lands Tenements and Hereditaments or had Power or Authority to
dispose of or charge the same by their Wills or Testaments have (to the defrauding of such their Creditors by
their last Will or Testaments) devised the same or disposed thereof in such manner as such Creditors have lost
their said Debts. For remedying of which and for the maintenance of just and upright Dealing Be it Enacted
and declared by the King and Queens most Excellent Majesties by and with the advice and consent of the Lords
Spiritual and Temporal and Co[m]mons in this present Parliament assembled and by authority of the same That
all Wills and Testament Limitations Dispositions or Appointments of or concerning any Manours Messuages Lands
Tenements or Hereditaments or of any Rent Profit Terme or Charge out of the same whereof any person or
persons at the time of his her or their decease shall be seized in Fee-simple in Possession Reversion or Remainder
or have power to dispose of the same by his her or their last Wills or Testaments to be made after the Five
and twentieth day of March in the yeare of our Lord God One thousand six hundred ninety and two shall be
deemed and taken (onely as against such Creditor or Creditors as aforesaid his her and their Heires Successors
Executors Administrators and Assigns and every of them) to be fraudulent & clerely absolutely and utterly void
frustate and of none effect (any pretence colour feigned or presumed Consideration or any other matter or thing
to the contrary notwithstanding.
II. 
Devisee chargeable for a false Plea as an Heir.
And for the means that such Creditors may be enabled to recover their said Debts Be it further Enacted by
the authority aforesaid That in the Cases before mentioned every such Creditor shall and may have and maintaine
his her and their Action and Actions of Debt upon his her and their said Bonds and Specialties against the Heire
and Heires att Law of such Obligor or Obligors and such Devisee and Devisees joyntly by virtue of this Act;
And such Devisee or Devisees shall be liable and chargeable for a false Plea by him or them pleaded in the same
manner as any Heire should have been for any false Plea by him pleaded or for not confessing the Lands or
Tenements to him descended.
III. 
Provided always and be it Enacted by the authority aforesaid That where there hath been or shall be any
Limitac[i]on or Appointment Devise or Disposition of or concerning any Mannours Messuages Lands Temements or
Hereditaments for the raiseing or payment of any real and just Debt or Debts or any Portion or Portions Sum
or Sums of Money for any Child or Children of any person other than the Heir att Law according to or in
pursuance of any Marriage Contract or Agreement in Writeing bona fide made before such Marriage the same
and every of them shall be in full force. And the same Manours Messuages Lands Tenements and Hereditaments
shall and may be holden and enjoyed by every such person or persons his her and their Heirs Executors
Administrators and Assignes for whom the said Limitation Appointment Devise or Disposition was made and by
his her and their Trustee or Trustees his her and their Heirs Executors Administrators and Assignes for such
Estate or Interest as shall be so limitted or appointed devised or deposed until such Debt or Debts Portion or
Portions shall be raised paid and satisfied Any thing in this Act contained to the contrary notwithstanding.
IV. 
Creditors preferred as in Actions against Executors.
And whereas several Persons being Heirs att Law to avoid the Payment of such just Debts as in regard of the
Lands Tenements and Hereditaments descending to them they have by law been liable to pay have sold aliened
or made over such Lands Tenements or Hereditaments before any Processe was or could be issued out against
them Be it further enacted by the authority aforesaid That in all cases where any Heire att Law shall be liable to
pay the Debt of his Ancestor in regard of any Lands Tenements or Hereditaments descending to him and shall
sell alien or make over the same before any Action brought or Processe sued out against him that such Heir att
Law shall be answerable for such Debt or Debts in an Action or Actions of Debt to the value of the said Land
so by him sold aliened or made over in which cases all Creditors shall be preferred as in Actions against Executors
and Administrators and such Executions shall be taken out upon any Judgment or Judgments so obtained against
such Heire to the value of the said Land as if the same were his owne proper Debt or Debts saving that the
Lands Tenements and Hereditaments (bona fide) aliened before the Action brought shall not be liable to such
Execution.
V. 
Provided always and be it further enacted by the authority aforesaid That where any Action of Debt upon any
specialtie is brought against any Heir he may plead Riens per Discent att the time of the Original Writ brought
or the Bill filed against him any thing herein contained to the contrary notwithstanding and the Plaintiffe in such
Action may reply that he had Lands Tenements or Hereditaments from his Ancestor before the Original Writ
brought or Bill filed and if upon Issue joyned thereupon it be found for the Plaintiffe the Jury shall enquire of
the value of the Lands Tenements or Hereditaments so descended and thereupon Judgment shall be given and
Execution shall be awarded as aforesaid but if Judgment be given against such Heir by Confession of the Action
without confessing the Assets descended or upon Demurrer or Nihil dicit it shall be for the Debt and Damages
without any Writ to enquire of the Lands Tenements or Hereditaments so descended.
VI. 
Provided also and be it further enacted That all and every Devisee and Devisees made liable by this Act shall
be liable and chargeable in the same manner as the Heir att Law by force of this Act notwithstanding the Lands
Tenements and Hereditaments to him or them devised shall be aliened before the Action brought.
VII. 
Provided always That this Act shall be in force for Three yeares and to the end of the next Session of
Parliament after the Expiration of the said Three yeares and no longer.