April 1649: An Act Prescribing certain Times to Delinquents For perfecting their Compositions Effectually, under several penalties

April, 1649

[9 April 1649.]

Whereas by Ordinance of Parliament of the sixth of February, 1646, it is Ordained, That the Commissioners for compounding with Delinquents, have power to suspend the sequestration of the Estates of such Delinquents as shall compound with them, the Delinquents having paid the moyety of the Fines compounded for, and given Security to the said Commissioners for the remainder thereof, according to the proportion to be set by both Houses of Parliament: Provided, That every such person so com pounding, do within six Weeks pay the remainder of his said Fine, and sue forth his Pardon under the Great-Seal, after his Composition shall be allowed by both Houses of Parliament, otherwise the suspension to be void: Yet many whose Compositions have been set, and allowed by both Houses of Parliament, have not paid in the second moyety of their said Compositions, according as by the said Ordinance is appointed; by reason whereof, the Commonwealth hath been disappointed of those moneys which were intended from the said Treasury for the publique service; to supply which the Treasurers at Goldsmiths-Hall have been necessitated to take up at Interest great sums of money upon the credit of the said Compositions, for which the said Treasury stands ingaged: The Commons assembled in Parliament being very sensible, how much the said Compounders have abused the said Act of Grace, Do therefore Enact and Declare, That this Clause onely in the said proviso of the said Ordinance (viz. That every such person so compounding, do pay in the remainder of his said Fine within Six weeks after the Compositions shall be allowed by both Houses of Parliament) shall be, and is hereby Repealed and made void. And to the end that a present supply of Moneys may be brought in to the said Treasury, It is Enacted and Ordained by the Commons assembled in Parliament, That all such persons, whose Compositions have been set or allowed by both Houses of Parliament, shall pay or cause to be paid in to the said Treasury before the Sixth day of May, in the year of our Lord God, 1649, the full sum or sums remaining due upon their said Compositions respectively; and in detault thereof, shall pay Interest for the same, after the Rate of Eight pounds per cent. from the time or times at which the same became due and payable respectively, together with one fourth part more of the whole sum of their respective Compositions, as an additional Fine. And it is further Enacted by the Authority aforesaid, That all such persons, whose Fines or Compositions have been set by the said Commissioners, and allowed of by the House of Commons onely, shall pay or cause to be paid in to the said Treasury, before the twentieth day of May, 1649, the full sum of their said Fines, or so much thereof as remains due upon their said Compositions respectively; and in default thereof, to pay Interest for the same, after the rate of Eight pounds per centum, from and after the said twentieth day of May, 1649, together with one fourth part more of the whole sum of their respective Compositions, as an additional fine: And that all such persons whose fines for Compositions have been set by the said Commissioners, before the seventh day of April, 1649, but before the same day have not been reported unto, or allowed by the Commons assembled in Parliament, shall pay, or cause to be paid in to the said Treasury, the one Moyety of their respective fines, before the sixth day of May, 1649, (if such Moyety be not already paid) and the other Moyety thereof, within six weeks after their said fines respectively shall be allowed by the said Commons, or by such as by their authority shall be authorized and appointed thereunto; or otherwise, in default of such payment of the said several Moyeties, or either of them, shall pay Interest for the same at the rate aforesaid, from the time or times at which the same shall be become payable, by vertue of this Act, together with the like penalty, as aforesaid, of one fourth part more of the whole sum of their respective Compositions, as an additional fine: And that all such persons, whose fines for Compositions, shall after the said seventh day of April, 1649, be set by the said Commissioners, or by such others as shall be by the Commons in Parliament assembled authorized thereunto, shall pay or cause to be paid in to the said Treasury, the one Moyety of such their respective fines, within fourteen days after the setting thereof, and the other Moyety within six weeks after such their several fines shall be allowed of by the Commons in Parliament assembled as aforesaid, or by such as by their Authority shall be authorized and appointed thereunto; or otherwise, in default of such payment of the said several Moyeties, or either of them, shall pay Interest for the same at the Rate aforesaid, from the time or times at which the same shall become due and payable by vertue of this Act; together with the like penalty as aforesaid, of one fourth part more of the whole sum of their respective Compositions, as an additional fine. And it is further Enacted and Ordained, That in case any of the persons abovementioned, that make default in paying in his or their full Compositions, within such time and times as are above limited, that then the Real and Personal Estates of such Defaulters shall be forthwith Sequestred, until they respectively conform thereunto: And the said Commissioners at Goldsmiths Hall, or any five or more of them, are hereby authorized and enabled to Sequester, or to take order for the Sequestring of the Real and Personal Estates of such Delinquents and defaulters; and to direct to the respective Committees for Sequestrations in the several counties, or such other Committees for Sequestrations as shall be appointed by Parliament, a Warrant for the purposes aforesaid, and for the removing of every such person and persons out of the possession of his or their house or houses, who are hereby required to obey and perform the same; And all Governors of Garisons, and other Officers and Soldiers in the service of Parliament, are hereby required to be ayding and assisting unto them in the execution thereof for the purposes aforesaid. And for the more effectual prosecuting of the said Sequestrations, It is further enacted by the Authority aforesaid, That the said Commissioners, or any five or more of them, shall and may nominate, and appoint, and authorize, by Warrant under their Hands, a Solicitor or Solicitors for Sequestrations in the several counties of England and Wales, to prosecute the seizing, sequestring and securing the Real and Personal Estates of such Defaulters as aforesaid, and every of them; and shall and may appoint a Collector or Collecters for the gathering and receiving of the Rents, Issues and Profits of the Lands, Tene ments and Hereditaments of the said persons so making default as abovesaid; Which said Solicitors and Collectors shall from time to time observe such Orders and Directions as they shall receive from the said Commissioners, or the said Committees for the said respective counties, in such case where the said Commissioners shall not have given former Directions. And it is further Enacted and Ordained, That the said Solicitors for Sequestrations respectively, shall return unto the said Commissioners, according to his or their best knowledge, Duplicates to the Rent-Rolls of the Lands, Tenements and Hereditaments appointed to be sequestred as aforesaid, within six weeks after the Sequestration thereof, and shall take and return Inventories of the Personal Estate of such as shall be sequestred as aforesaid, within six weeks after the Sequestration thereof (and in default thereof, such Solicitor shall lose the benefit of his Salary by this Act to him appointed) and after such return made, shall and may, with the advice, approbation and direction, of the respective Committees of the county, or any three of them sell the Goods of such person and persons at the best rate or value he or they can get for the same. And to the end that the Commonwealth may receive the benefit of the Sequestrations, It is Enacted and Ordained, That the said Commissioners, or the said Committees for the said counties respectively, or any three of them, shall and may, and are hereby authorized and enabled to make a Lease or Leases by Deed Indented, of any the Manors, Lands, Tenements or Hereditaments of such person and persons (as shall make default as aforesaid) or any part thereof, for such number of years as they shall conceive most advantagious to the Commonwealth, reserving the best Rent they can get for the same. Provided always, the Lease or Leases so to be made, do not exceed the term of three years, nor be made to the Delinquent, or to any to his use and benefit: And in case any such Lease shall be made unto or to the use of such Delinquent or Delinquents, then such Lease to be meerly void; and upon information and proof thereof made to the said Commissioners, the said Commissioners or any three of them, shall have power to make a Lease thereof at the same Rent, for the like number of years, to him or them that shall make such information, being of ability to pay the Rent reserved. And it is further Enacted, That all such Rents, Issues and Profits as shall be received by reason of the Sequestrations of such Defaulters, shall be paid to the said Treasurers at Goldsmiths-Hall, to be disposed of to such uses as the Parliament shall hereafter appoint: And whereas divers Delinquents have submitted to a Composition, and brought in their particulars, but have neglected to prosecute the same, It is therefore Enacted and Ordained, That all such Delinquents shall within twenty eight days after the seventh of April, 1649, effectually prosecute their said Compositions, and in default thereof, shall lose the benefit of Composition, and their Estates to be finally confiscate, and to be disposed of to the use of the Commonwealth. Provided always, That this Act, nor any thing therein contained, shall extend to take away the benefit of any Articles not forfeited, nor to restore the benefit of any Articles forfeited: And because divers of those who are intrusted in the execution of the Ordinances relating to Sequestrations, do suffer divers Delinquents to dwell in their houses, and themselves, or some to their uses, do Rent of the Sequestrators their Lands and Tenements at low and easie rates, by reason whereof, and because such Delinquents are allowed the fifth part for their wives and children, and are thereby encouraged to forbear and delay their Compositions, It is therefore Enacted, That the said Commissioners, or the said Committees for the respective counties, or any three or more of them, shall remove out of the possession of their Houses and Lands such Delinquents, or any others intrusted for them, unless they and every of them shall come in and compound at or within the days above limited; for the effecting whereof, all Governors of Garisons and Soldiers, in the service of Parliament, are required to be aiding and assisting to the said Commissioners and Committees respectively. And it is further Enacted by the authority aforesaid, That the several and respective Solicitors for Sequestrations imployed by the said Commissioners, shall take the same Oath that Solicitors for Sequestrations are by a former Ordinance appointed to take: Which said Oath the said Commissioners or any three of them are hereby authorized to administer: And that the said Committees for Sequestrations of the respective counties, for the Leasing out of Delinquents Estates, and the said Solicitors and Receivers may have encouragement effectually to prosecute the said service, It is hereby Enacted, That the said respective Committees shall have for every twenty shillings Rent reserved upon every Lease Sealed and Delivered by the said Committees as aforesaid, six pence in the pound; and every respective Solicitor shall be paid for his or their Salary, for every twenty shillings that shall be paid in to the said Treasurers by reason of the said Sequestration, the sum of three pence in the pound; and the respective Collectors shall have and receive for his and their Salaries, the sum of two pence in the pound for every twenty shillings paid in to the said Treasurers: Which said several sums the said Treasurers are to allow, and make payment of accordingly. And it is further Enacted, That the said Treasurers shall have, take and receive out of all such Moneys as shall be paid in to them by vertue of this Act, the like Salary as they have for other Compositions Moneys paid in to them. And whereas the Parliament, out of their desire to establish Maintenance for a Preaching Ministery, have given way, That the said Commissioners should buy in Impropriations and Tythes of Delinquents that should compound with them, at such rates as they should contract for the same; In pursuance whereof the said Commissioners have contracted with several persons for Tythes and Impropriations of the value of Ten thousand pounds per annum, or thereabouts, for which the said Commissioners have abated in the whole out of the several Compositions, the sum of One hundred thousand pounds; the greatest part of which Impropriations and Tythes are not as yet settled, according to order in that behalf made, It is therefore hereby Enacted and Declared, That all such persons as have been ordered by tho said Commissioners, or any Committees there for that purpose authorized, to setle any Rectory, or Maintenance out of any Rectory, Parsonage or Tythes, for which they have had allowance and abatement in their said fines, shall within eight weeks after the seventh day of April, 1649, setle the same upon such Trustees as the said Commissioners shall appoint, for such uses as the Parliament shall hereafter direct: And in default thereof, such of the said Delinquents as have paid any part of their fines, and have thereupon obtained Letters to suspend their Sequestrations, shall be forthwith resequestred, until they respectively shall setlo the said Rectories or Maintenance respectively as aforesaid, and pay such Arrerages as have grown due since the time the same were ordered to be setled by the said Commissioners: And that all such persons as shall from henceforth be Ordered to setle any Rectory, Parsonage or Tythes, or any Allowance out of them to the use aforesaid, shall within eight weeks after the date of the said Order, setle the same under the same penalties as is last aforesaid. And forasmuch as the great businesses of the Commonwealth do as yet hinder the making of Reports from Goldsmiths-Hall, It is therefore Enacted, That the said Commissioners for Compositions, or any five or more of them, upon the Compounders paying in of the Moyety of his fine, or satisfying the same by settlement of any Rectories or Tythes, or any allowance out of them, and not otherwise, shall or may grant to such Compounder, an Order to suspend the Sequestration of his Estate: And upon his paying in, or like satisfying as aforesaid the whole fine, to discharge the Estate from Sequestration: Which said Orders respectively shall be effectual to suspend or discharge from Sequestration so much as he hath compounded for. And whereas divers persons being sequestred, or questioned for Delinquency, have made their Appeals unto the late Committee of Lords and Commons for Sequestrations, and have procured a suspension of their Sequestrations, and thereby enjoyed the benefit of their Estates, and by reason thereof do not effectually prosecute their said Appeals, It is therefore Enacted and Declared, That the Barons of the Court of Exchequer shall, and are hereby constituted and appointed Commissioners for Appeals in case of Sequestrations, before whom such persons as aforesaid may prosecute their Appeals: And the said Commissioners for Appeals, or any two or more of them, shall have the same power and authority to all intents and purposes, to take cognizance of such Appeals already made, and to receive any new Appeals of like kinde, and to examine, hear and determine the same, and to proceed in all things in relation thereto, as the late Committee of Lords and Commons for Sequestrations lawfully had, or might have exercised for that purpose by vertue of any Ordinance of Parliament in that behalf made: And that all such persons that have already made such Appeals as aforesaid, and yet have not effectually prosecuted the same, they and every of them are hereby required effectually to prosecute such their respective Appeals before the said Commissioners for Appeals hereby constituted, within two moneths next after the seventh day of April, 1649; or otherwise, in case of failer thereof through wilful default or neglect of such person appealing, then every such suspension of his or their Sequestration, procured as aforesaid respectively, shall from thenceforth be taken off, be Null and void. And the Committees for Sequestrations in the respective counties of England and Wales, are hereby enjoyned thereupon to resequester the Estate of every such Delinquent; which if they shall neglect to do, or take effectual order for, then the said Commissioners for Compositions, or any five or more them, are hereby authorized to do, or to take order for the same. And that this work may the more certainly and speedily be done, the said Commissioners for appeals are enjoyned from time to time to certifie, or cause their Clerk to certifie to the several Committees for the respective counties the Names of such Delinquentss, and every of them, making such default or neglect as aforesaid. And it is further Enacted, That this present Act be forthwith printed and published; and that the Commissioners aforesaid do forthwith send the same to the respective Sheriffs of the several counties of England and Wales, who are hereby required to publish the same in the chief Market Towns of the said counties, on the next Market day after the receipt hereof; and, the day of Publication hereof, to certifie to said Commissioners at Goldsmiths-Hall.