February 1654: An Ordinance for the better ordering and disposing of the Estates under Sequestration.

February, 1654

[10 February, 1653/4.]

Commissioners for managing estates under sequestration.; May let estates during time of sequestration for not more than one year.; May call all former Commissioners and their officers to account.; Sequestration Commissioners and others to pay in moneys in hand to Treasurers.; Penalty for default.; Commissioners may discharge and appoint officers.; Salaries.; Commissioners to have same powers as by former Act.; Fines

Be it Ordained by His Highness the Lord Protector, by and with the advice of his Council, That Josias Barners, Edward Winslow, Richard Moor, John Upton, Edward Cary, and Rice Williams, Esquires, or any four of them, be, and are hereby constituted and ordained, Commissioners for the managing, ordering, and disposing of the Estates of all Delinquents now sequestered, or which shall be adjudged Delinquents, upon cases now depending, and of all Estates now under Sequestration for Recusancy. And that the said Commissioners, or any four of them, shall, from and after the tenth day of February in the year one thousand six hundred fifty and three, have power, and are hereby authorized to manage, order, set, let, or dispose of all and every the said Estates, during such time as the same shall remaine under Sequestration. Provided, that no Lease thereof to be granted, exceed the term of one year; And that the whole Rents, Revenues, and Profits of the said Sequestrations and Sequestred Estates shall be paid in at Gold-smiths Hall to the hands of Richard Sherwin and John Leach, Esqrs. who are hereby constituted and appointed Treasurers of the said Receipt. And the said Com missioners are hereby authorized and required to call all Commissioners for Sequestrations, Treasurers, Receivers, and other persons employed by the former Commissioners for compounding, in the several Counties, to an Accompt for all and every sum and sums of Money in their or any of their hands, of the said Sequestred Estates, or any of them. And be it Ordained by the Authority aforesaid, That all and every the Commissioners for Sequestrations in the respective Counties, and all and every the Farmours, and Tenants of the said Sequestred Estates, and all others, who have any part of the Rents or other profits of the said sequestred Estates in their hands, shall forthwith pay in the same unto the Treasurers before named, whose acquittance shall be a sufficient discharge to the persons so paying in the same, for so much as shall be so paid in by them as aforesaid; and if they, or any of them shall make default or neglect to pay in the same before the five and twentieth day of March 1654. That then they and every of them so making default, shall forfeit unto the Commonwealth so much more as the said Commissioners herein named shall think fit, not exceeding the moyety of such moneys as shall be discovered to be in their hands, or due upon their Accompt to be levyed upon their Lands, Goods and Chattels by order of the said Commissioners; And the said Commissioners are hereby authorized and impowred to continue or remove from time to time such of the persons now employed as Commissioners for Sequestrations in the respective Counties, as they shall see cause, and to place other honest and able Persons in their Room, as also other Officers and Agents, and to reduce them to such a number only as shall be necessary for the carrying on of this service, and may most conduce to the lessening of the publike charge. And the Commissioners for Sequestrations in the Country shall have and retain to their own use, for their Salary, twelve pence in the pound of all such moneys as shall be paid by them into the Treasury at Gold-Smiths Hall, out of the profits of the said Sequestred estates, and that all other officers that shall be employed by the said Commissioners in this Ordinance before named, shall have such salary and allowance as the said Commissioners shall think fit; And the said Commissioners before named shall have and exercise such and the like powers and Authorities for compounding with all or any the persons named in one Act of Parliament, Entituled, An Additional Act for sale of several Lands and Estates forfeited to the Common-wealth for Treason, and with the Heirs, Executors, or Assigns, of such person or persons, as the late Commissioners for Compounding, by vertue of the said Act, had or might lawfully use or exercise according to the directions set down in the said Act, and shall also have power to receive, examine, hear, and determine all matters concerning Claims, Charges or Incumbrances upon any the Estates before-mentioned, and to allow such of them as shall appear to have been bona fide made or charged before the Cause of Sequestration committed and also to examine, hear and determine all Questions touching the Delinquency of any of the persons not formerly judged, and to receive all informations touching any Debts, or other Estates belonging to any Delinquent or Papist under Sequestration, and to inquire into and examine what Estates, Charges or Incumbrances have been heretofore allowed upon the said Sequestred Estates, for life, years, or otherwise, which are expired or satisfied, and to take order for the re-sequestration of such Estates, And the said Commissioners herein named shall have power, and are hereby authorized to receive the whole or the remaining part of the Fines which have been set for the Composition of any Delinquent who hath elapsed the time of payment of all or any part thereof (either without interest, if the Commonwealth hath enjoyed the whole estate, or with interest, if the Delinquent hath enjoyed the same) Provided, the said fines, or the remaining part of such fines, be paid into the Treasury aforesaid, before the said twentie fifth day of March now next comming; Provided also, that if it shall appear unto the said Commissioners that any of the fines not yet paid in, were unduly charged or miscast, the said Commissioners shall have power and authority to rectifie the same, and upon payment of such Fines, remainder of such Fines as are unpaid, or the Fines so rectifyed, the said Commissioners shall have power to discharge the Sequestrations.

Quit-rents, etc.; Rules for composition; Commissioners may examine witnesses on oath.

And be it further Ordained by the Authority aforesaid, That the Commissioners afore-named be impowred to issue out their order for payment of such quit-rents, out-rents, and issues, as are duly charged upon, or issue out of the Estates under Sequestrations, and the arrears thereof, since the four and twentieth of December 1649. and also to issue Warrants from time to time for re-payment of monies there deposited, or unduly received, or that shall hereafter be so deposited or unduly received, as they shall see cause. And be it likewise Ordained by the Authority aforesaid, That all and every Delinquent whatever, not having compounded, or being inserted into any Act for sale, or the Heirs, Executors, or Assigns of any such Delinquent deceased, who shall discover any part of the real or personal estate of any such Delinquent, which Estate is not under actual Sequestration, nor disposed of by the Parlament, shall be admitted to compound for such estate so by him discovered, at the rates following (that is to say) for real estates at one full years value, and for personal estates at one sixth part, and that the Commissioners aforenamed shall admit them to such Composition accordingly; And that such Fine as shall be set by the Commissioners according to the rules aforesaid being paid, the Estate so compounded for shall be from thenceforth absolutely discharged from being lyable to any Sequestration, Forfeiture, or other Question for and in respect of the Delinquency of such delinquent. Provided, that such Discovery and Composition be perfected, and the money paid before the twentieth day of April 1654. And be it further Ordained by the Authority aforesaid, That the said Commissioners herein named, and the Commissioners for Sequestrations in the respective Counties, shall have power, and are hereby authorized, to examine witnesses upon oath, if they shall see cause, in all Cases depending or which shall depend before them, and concerning any estate under Sequestration.

And determine causes depending before Commissioners for compounding on 31 Jan. last.

And lastly it is Ordained, That the Commissioners herein named be Authorized and impowred to hear and determine all Causes which were on the one and thirtieth day of January last depending before the Commissioners for Compounding, according to the Acts and Ordinances for giving Indempnity, as the said Commissioners might and ought to have done by force of an Act, entituled, An Act for transferring the powers of the Committee for Indempnity.