August 1648: An Ordinance for the further and better regulating the Sequestrations of Papists and Delinquents Estates.

August, 1648

[9 August, 1648.]

The Lords and Commons in Parliament Assembled, for the better regulating and ordering the Sequestration of the Estates of Papists and Delinquents, and for reforming and preventing abuses in the managing of the same, Do Ordaine and Order, and be it Ordered and Ordained, viz:

Solicitors or sequestrators of each county to return inventories of all sequestered estates to treasurers for sequestration at Guildhall; Also of estates freed from sequestration, and account of all disbursements.;Penalty of £20 for every month's delay.

1. That the Solicitors of every County and City where any such are appointed by Authority of Parliament, and (where is no such Sollicitors) the Sequestrators or Collectors appointed by the respective Committees of the severall Counties shall send up to the Treasurers for Sequestrations at Guildhall, London, a true and perfect Inventory (to the best of his or their knowledge) of all the personall Estates by them sequestred from their first undertaking therewith, as the same hath been by them or any other person or persons (by their appointment) sequestred, appraised, or sold: As also an exact and true particular (to the best of his or their knowledge) of all the Annuall Rents, Profits, Fines, and Casualties arising or issuing of all Houses and Lands sequestred within the severall Counties, Cities, Corporations, and places wherewith or wherein they have been intrusted: And shall also send up (as aforesaid) a particular (to the best of his or their knowledge) of all Estates reall and personall, which hath been discharged and freed from Sequestration; and to certifie upon what grounds and warrants the same hath been done: And likewise they are to send up to the said Treasurers an exact and perfect Accompt (to the best of his or their knowledge) of all the severall payments and disbursements by them respectively made, of all or any the proceed of all the reall and personall Estates of all Delinquents and Papists sequestered within the severall respective places where they have been or are severally imployed or intrusted; that so the said Treasurers may passe all to Accompt that they find to have been duly paid, according as is or shall be appointed by both Houses of Parliament, that hath been issued forth for the service of the Parliament, all which particulars shall be sent up and performed as aforesaid within three moneths next after notice of this Ordinance by the particular persons above mentioned respectively, upon pain of forfeiting the sum of twenty pounds, and so twenty pounds for every moneth it shall be delayed after the said three moneths, without reasonable cause should be allowed by the Committee for Indempnity.

No delinquents' or Papists' estates to be taken from hands of Committee by whom the same were sequestered.; None to be brought to account for moneys or goods formerly accounted for on oath.;Officers and their allowances.

2. That no delinquents or papists estates reall or personal requestred, nor any part thereof shall be taken from or out of the hands or managing of the Committee by whose order, direction, or Officers, the same hath been sequestred by any other Committee, person or persons whatsoever, upon any pretence whatsoever, but the same Estate (being personall) shall be appraised and sold by the direction of the Committee which caused the same to be sequestred, for the best advantage of the State; And the reall Estates, Houses and Lands (in like manners as aforesaid) to be let out by the said Committee, or by their direction: And the money arising there out shall be collected and received as aforesaid, and be accordingly paid in unto the said Treasurers at Guild-Hall in manner and forme following, unlesse it be heretofore otherwise provided for by Order or Ordinance of Parliament, or hath been issued forth for the service of the Parliament, to be made appeare by the Oath of the Accomptant; (That is to say:) That all person or persons residing within the City of London and Lines of Communication, that have received any sequestration money (by vertue of any Ordinance or Order of both or either Houses of Parliament) shall upon Oath give a true Accompt thereof, and pay such sums of money as shall be due and remaine in their hands (without sufficient authority) to the Treasurers at Guildhall, London, within six daies notice hereof: And all others within forty miles of London, pay the monies they receive within twenty daies after notice hereof: And such person and persons as do or shall reside or dwell within fifty miles of London, shall within forty daies next after notice hereof, pay the same into the Treasurers aforesaid, upon paine of forfeiting two shillings and sixpence in the pound for every week he or they shall detain the same after the respective times herein limited (without reasonable cause shewed to be allowed of by the Committee for Indempnity:) And all other Counties and places above fifty miles from London, shall (after notice hereof) bring in their moneys and accompts within three months upon the same penalty. Provided that all such Committees of Sequestrations, Sub-Committee, or any other person or persons, by Order or Ordinance of Parliament authorised thereunto, their Agents, Treasurers, or Collectors, that have formerly given in their Accompts upon Oath of the Committee or Sub-Committee of Accompts shall not be brought to accompt for any moneys or goods they have formerly accompted for: And the said Treasurers for Sequestrations at Guildhall are hereby authorized for the space of twelve moneths next after the date of this Ordinance to imploy such person and persons as they shall thinke fit for the further and better performing and expediting the affaires of Sequestrations, the persons so to be imployed not exceeding the number of twenty persons, and to reward all and every such person and persons (so to be imployed as aforesaid) with reasonable sallaries not exceeding two pence per pound of the mony so by them raised.

Penalty for non-payment of sequestration money in hand.

3. That all person and persons whatsoever that have remaining in their hands (without sufficient authority) any Sequestration money, and shall not pay in the same to the Treasurers aforesaid, within one moneth next after notice of this Ordinance, shall forfeit as much more money as the same (so remaining in their hands) will amount unto as aforesaid, unless hee or they can make it appeare by the Oath of the Accomptant or otherwise that the said money was disbursed for the service of the Parliament, and the same together with the Sequestration money, to be leavied by distresse and sale of the parties goods so offending, by the Collectors or Agents, of such Committee for Sequestration, as shall be next the place or places, where such goods shall be found.

Officers and soldiers to pay in any sequestration moneys wrongly got.; Penalties for default.

4. That the Commanders, Officers, and Souldiers, and every of them that have got (or shall hereafter get) by violence or any other indirect way into their hands any Sequestration money or any other summes of money, upon any false pretence of pay due to them, or otherwise, shall within one moneth after proofe thereof, by two sufficient witnesses upon Oath, before the respective Committees, pay in to the said Treasurers all such money so by them received, or in default thereof the party or parties so offending to be cashiered, and also forfeit all the pay due to him for his service, and to be further proceeded against as both Houses of Parliament shall think fit.

Courts Leet and Courts Baron to be re-established in sequestered manors.

5. And for as much as the Courts Leets and Courts Barons in divers Mannors belonging to divers Delinquents, or Papists (whose estates have been and continue Sequestred) hath not bin kept in divers of the said Mannors at any time (or but seldome) since the same became Sequestred, It is therefore Ordained, That the Committee for Sequestrations in such respective Counties shall (and are hereby required to) nominate, appoint, and authorize such honest able and fit person or persons in such County, as shall be in their judgment most expedient to hold and keepe all and every such Court and Courts according to the severall and respective customes and usages of such severall and respective Mannors, and that all and every the Act and Acts done and to be done by every such person and persons, or his or their sufficient deputy or deputies, in pursuance of this present Ordinance (being also done with the direction and Consent of the respective Committees) shall be valid and effectuall to all intents and purposes, as if the same had bin done by the Lord or Lords of such Mannor or Mannors, or by his or their Steward or Stewards, thereunto by such Lord or Lords authorized.

Indemnity to treasurers.;General issue.

6. And what services the said Treasurers shall performe in pursuance of this Ordinance, concerning the Premises, shall be understood to be (as it is) very acceptable to the State, and shall not passe without due regard had thereof and them. And it is hereby further Ordained, that the said Treasurers, their Heires Executors, and administrators, and every of them, and all and every other person and persons, their Heires, Executors and administrators, that have heretofore acted or done any thing, in or about any of the affaires of Sequestrations, by vertue of any former Order or Orders, Ordinance or Ordinances of Parliament, or that shall hereafter act or doe anything, in or concerning any the Premises according to this present Ordinance, or any other Order or Orders, Ordinance or Ordinances of Parliament, they and every of them shall be protected and saved harmlesse therein, and therefore and of and from all and all manner of Interruption, trouble, molestation, disturbance, losse and damage whatsoever which shall or may befall them or any of them, for, by reason of, or concerning any the Premises, so acted or done or to be acted or done as aforesaid. And in case the said Treasurers or the persons imployed by them, in and about the affaires of Sequestration, or the other persons aforesaid, or any of them, their, or any of their Heires, Executors, Administrators or assignes, shall at any time or times hereafter, be sued, indicted, prosecuted or molested for any such Act or thing as is aforesaid, It is hereby declared and Ordained, that in every Action, Suit, Indictment, Information or Prosecution whatsoever, wherein or whereby they shall be so sued, indicted, prosecuted, or molested, It shall be lawfull to and for them or any of them, their Heires, Executors, Administrators and Assignes to plead the generall issue, and shall and may give in evidence to the Jury that shall try the same this Ordinance, and that the matter in question was an act or thing acted, or done or commanded to be acted, or done by authority of this Present Parliament, which evidence being proved, shall be admitted and allowed by the respective Judge or Judges, Justice or Justices and Jury, before whom it shall be tryed, as sufficent to maintaine the generall issue, and if the verdict shall passe with the defendant or defendants in any Action, Bill, Plaint, Suit as is aforesaid, or the plaintiffe or plantiffes shall be non-suited therein, or suffer any discontinuance thereof, the respective Judge or Justices shall award unto the defendant or defendants treble costs, for which the said defendant or defendants shall have the like remedy as in the like cases they ought to have by the lawes of the Realme, and what any Judges, Justices, Sheriffes, Mayors, Bayliffes, Jurors, Officers and Ministers of Justice shall doe according to this Ordinance, or in pursuance thereof, they shall be justified and saved harmlesse by authority of Parliament, for and concerning the same.

Proviso.

Provided that nothing in this Ordinance contained, shall extend to the nulling or making void of any Order or Ordinance of one or either Houses of Parliament, whereby any Sequestration or any part thereof, is or hath bin disposed of.

And that no Clause in this Ordinance shall extend to the trouble or molestation of any person or persons for anything done or to be done for the service of the Parliament.