AN ACT FOR The better Ordering and Managing THE ESTATES OF Papists & Delinquents.

Die Veneris, 25 Januarii, 1649.

ORdered by the Parliament, That John Field Printer, nominated by Mr. Speaker, be joyned with Mr. Husbands Stationer, in Printing the Act for the better Ordering and Managing the Estates of Papists and Delinquents, and all other Acts and Proceedings in Parliament; and that his Name be used in Printing of the said Act, and all other Acts and Proceedings: And that the said John Field have equal benefit in Printing accordingly.

Hen: Scobell, Cleric. Parliamenti.

London: Printed by Edward Husband and John Field, Printers to the Parliament of England, and are to be sold at the Golden Dragon in Fleetstreet. 1649.

AN ACT FOR The better Ordering and Managing THE ESTATES OF Papists & Delinquents.

THe Parliament of Eng­land now assembled be­ing desirous to improve the Sequestrations, and the Profits arising there­upon, to the use of the Commonwealth, in order to some abatement of the Assessments, Do. Enact, and be it Enacted by the Authority aforesaid, That from and after the Twentieth day of December, One thousand six hundred forty and nine, the ordering, managing, letting, setting and disposing of the Estates of Papists and Delinquents, shall be, and is hereby setled in the Commissioners for Compounding with Delinquents, in such sort as is hereafter expressed; and that the said Commissioners for Compounding, shall have and exercise all such power and authority, in and about the Seque­string, ordering and disposing of such Estates, as have been formerly granted by any Ordinance [Page 670]or Act of Parliament for Sequestrations, to any Committee for Sequestrations; and that the whole Rents, Revenues and Profits of the said Sequestrations and Sequestred Estates, shall be paid in to the Treasury at Goldsmiths. hall, for the onely use, intent and purpose as is above­said. And be it further Enacted, That the Com­mittees for Sequestrations, Solicitors, Trea­surers, Sequestrators, Agents, Collectors, and all others herein concerned, in the several Coun­ties and places within this Commonwealth, shall within six weeks after notice from the said Com­missioners for Compounding, certifie by Dupli­cate one part unto the said Commissioners for Compounding, and the other to the said Com­missioners to be appointed for Sequestrations in the said several Counties and places, the names of all and every person, as well Papists as De­linquents, who are or have been sequestred, and what Estate hath been so sequestred and seized, and when; and for such as have been since dis­charged from Sequestration, or the Sequestra­tions taken off or suspended, either by the Com­mittees of the respective Counties or otherwise, to certifie when, how, and by what means the same were discharged, taken off or suspended; and for such as do still remain under Sequestra­tion, to certifie what Estates they have, and in what Towns and Parishes, and what Leases have been made of the said Estates, and to whom, and for what time, and under what Rent, and what Charges and Incumbrances do lie upon the said Estates, and what allow­ances and defalkations have been made out of any such Estates, and to whom, and by what Order or Warrant, and what Rents, and ar­rerages [Page 671]of Rent, and other profits of the Lands or Estates of the said Papists or Delin­quents, do remain in the hands of any the Sequestrators, or any of their Officers or Agents, and what Rents and profits thereof remain in the hands of any of the Tenants of the said Lands; which particulars shall be returned and certified in such maner and form as shall be from time to time directed by the said Commissioners for Compounding. And be it Enacted by the authority aforesaid, That from and after the Five and twen­tieth day of January, One thousand six hun­dred forty and nine, All Committees for Seque­strations, Treasurers and Solicitors for Se­questrations, and all and every person and per­sons imployed by them, or any of them, in and about the said Sequestrations, or sequestred Estates, shall cease and forbear to act in and about the said Sequestrations, by vertue or colour of any the Orders and Ordinances of Sequestrations heretofore made; and shall not from henceforth let, set, sequester, seize or dis­pose of the said sequestred Estates, or any part thereof; nor shall receive any Rents, or other profits of the said sequestred Estates, or any part thereof; nor shall make any Wood-sales, or fell any Woods, or Vnderwoods, Timber or Trees, in or upon the same Estates; nor shall make payment or allowance of any Rents or charges imposed or lying upon the said sequestred Estates, but that the managing, letting, setting, disposing and ordering of the said Estates, shall be in the Commissioners for Compounding, and in such persons as shall be by them from time to time nominated and appointed: And that the [Page 672]said Sequestrators, Treasurers and Solicitors for Sequestrations, and all other persons im­ployed by them; and all and every the Farmers and Tenants of the said sequestred Estates, and all other persons that have any part of the Rents, or other profits of the said seque­stred Estates in their hands, shall forthwith pay the same to the Treasurers of the said Treasury at Goldsmiths-Hall; whose Acquit­tance shall be a sufficient discharge to the said parties 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 the same as aforesaid, before the first day of April, One thousand six hundred and fifty, That they and every of them so making de­fault, shall forfeit unto the Commonwealth, so much more as the said Commissioners for Com­pounding shal think fit, not exceeding the moyety of such Moneys as shall be discovered to be re­maining in any of their hands, or due from them upon Accompt, to be levyed upon their Lands, Goods and Chattels, by Order of the said Commissioners for Compounding: And all Committees, Solicitors, Sequestrators, and others appointed by any former Ordinance or Act of Parliament, are hereby required to suffer such persons as shall be appointed Com­missioners for Sequestrations by the said Com­missioners for Compounding, to peruse their Books and Papers, that so they may be the better enabled to carry on the work of Seque­stration against Delinquents: And if the said Committees, Solicitors, Sequestrators, or others imployed by them, refuse to yield obe­dience to this, or any other matter or thing in [Page 673]this Act required, Then the said Commissio­ners for Compounding, or any seven of them, are hereby enabled and required to send for such person or persons, or otherwise to cause them to be kept in safe custody, until such time as they shall conform themselves in the premises, and shall pay such Fine as shall be imposed on them by the said Commissioners for Com­pounding, or any seven of them, so as the said Fine exceed not the sum of Forty pounds for any one offence. And it is further Enacted, That the said Commissioners for Compounding, or any séven of them, shall nominate, substitute and appoint, under their or any seven of their hands and Seals, such and so many fit and able persons in every county, city and place within this Commonwealth, being Inhabi­tants there, as have adhered to the Parliament from the beginning of the late Wars unto this day, to be Commissioners for Sequestrations within the said several and respectioned, as they shall see fit; As also such other Officers and Agents, as shall be necessary for the carrying on of this service, and to remove any of them as they shall see cause; which said persons so nominated, substituted and appointed to be Commissioners for Sequestrations as afore­said, or so many of them as the Commissio­uers for Compounding shall appoint, shall ac­cording to such Instructions and Orders, in pursuance of any Acts or Ordinances of Par­liament, as they shall from time to time receive from the said Commissioners for Compound­ing, in pursuance of the said Acts and Ordinan­ces, Sequester into the hands of the Common­wealth, [Page 674]the Estates of all Papists in Arms, and other Delinquents, and two parts in three parts to be divided, of the Estates of all other Papists as are already adjudged to be Delinquents or Papists respectively, or shall by the said Com­missioners for Compounding be adjudged to be such; and enter into and Survey the same. E­states, and consider how the same Estates may be improved, to the best advantage of the Com­monwealth, and what profits may convenient­ly be raised by Woodsales, or otherwise out of the said sequestred Estates, and shall certifie the same to the said Commissioners for Com­pounding; by and according to whose Order and Direction, grounded upon such Survey and Certificate as aforesaid, The said Commissio­ners for Sequestrations, or so many of them as the Commissioners for Compounding shall appoint as aforesaid, shall or may contract for the same sequestred Estates of Delinquents and Papists in Arms, or any part thereof, to be letten to such fit and able person or persons as will give the best Rent for the same, for any term not exceeding the number of Seven years in possession, for such yearly Rent as shall be agreed upon, if the Estate of such Delinquents or Papists in Arms shall so long continue, the said Rent to be paid according to the usual days of payment, to the said Treasurers at Gold­smiths-Hall; and the said Leases either to be made under the Hands and Seals of the said Commissioners for Compounding, or any seven of them, or under the Hands and Seals of the said Commissioners for Sequestrations, as shall be appointed by Order of the said Com­missioners for Compounding, or any seven of [Page 675]them; and that the said Commissioners for Se­questrations, or so many of them as the said Commissioners for Compounding shall appoint, shall keep or cause to be kept Courts within the several sequestred Manors, and grant Copy­hold Estates, according to the Customs of the said Manors, and assess and receive Fines for the same Estates to be so granted, according to the Customs, or to the Rules to be therein prescribed by the said Commissioners for Compounding, or any seven of them; Which said Copyhold E­states so granted, shall be good and effectual to the Tenant so admitted, against the party se­questred, and against all claiming by, from or un­der him or his Estate: And that the said Com­missioners for Sequestrations shall further act in and about the premises, according to such fur­ther Instructions and Directions as shall be given unto them, in pursuance of this Act, by the said Commissioners for Compounding, or any seven of them, as any occasion or exigent shall require. And that the said Commissioners for Sequestrations 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 Goldsmiths Hall, out of the Profits of the said sequestred Estates in the respective Counties and places; And that the other Officers that shall be named by the said Commissioners for Compounding, shall have such Salary and Allowance as the said Commissioners for Compounding, or any seven of them shall think fit. And be it further En­acted by the Authority of this present Parlia­ment, That the said Commissioners for Com­pounding, or any seven of them, shall have full [Page 676]power to receive from any person or persons, who shall present the same unto them, All and every Act, Ordinance or Orders of Parliament, whereby any charge is laid upon the Sequestra­tions, or sequestred Estate of any such Papist or Delinquent, and to examine the grounds and natures of them, and to state the cause, and make special Report thereof to the Parliament for their Allowance or Discharge, or for their further Order and Directions therein, as the Parliament shall see cause; And shall also exa­mine all Rents, Quitrents, Outrents and Is­sues that shall be pretended to be due and pay­able out of any such Estate, and the nature of them; as also all Conveyances and Assurances of, and all other Charges, Incumbrances or Ingagements upon the said Estates, or any part thereof, and to give allowance thereof, if it shall appear that the same were bona fide made or char­ged before the cause of such Sequestration com­mitted. And it is further Enacted, That the said Commissioners for Compounding, or any seven of them, shall have power to allow unto the Wives and Children of such Papists in arms, and other Delinquents whose Estates shall re­main under Sequestration by vertue of this Act, one Fifth part of their said sequestred E­states for their subsistence. And be it further Enacted by the Authority aforesaid, That the Clerk of the late Committee of the Lords and Commons for Sequestrations, shall forthwith certifie unto the said Commissioners for Com­pounding, the Names of all such persons whose Estates or any part thereof, having been seque­stred, either for Delinquency or Recusancy, have upon their Appeals had the Sequestrations of [Page 677]their Estates suspended or taken off, either by the said Committees of Lords and Commons, or by the Barons of the Exchequer; and the Names of all such persons as have upon their Appeals been Voted to be Delinquents, and to certifie the places of their abodes; and the Names of all such persons as now remain before the Barons of the Exchequer, upon their Ap­peals not yet determined, and the time when the said parties Appealing did present their several Petitions and Appeals unto the Barons of the Exchequer; And the said Barons are hereby re­quired to take care that Certificate be made ac­cordingly before the Five and twentieth day of February, One thousand six hundred forty and nine; and that all such whose Estates have up­on their Appeals been suspended from Seque­stration by any Order from the late Committee of Lords and Commons for Sequestrations, or otherwise, whose Cases shall not be determined before the First day of March, One thousand six hundred forty and nine, The said suspension shall be void, and the Sequestration again laid upon their Estates. And it is hereby further Enacted, That the Rents, Issues and Profits of all sequestred Estates remaining in the hands of any Committees, Treasurers, Sequestra­tors, Solicitors, Tenants, or other persons whatsoever, shall be accompted for, and answer­ed unto the said Commissioners for Compound­ing, and shall be satisfied and paid unto the said Treasurers at Goldsmiths-Hall, and not unto any other person or persons whatsoever, Any other Act, Ordinance or Provision to the contrary notwithstanding. And be it further Enacted, That all such persons who have been sequestred [Page 687]since the First day of August, One thousand six hundred forty and nine, or hereafter shall be se­questred for any Delinquency committed before the making of this Act; And all other persons who upon the prosecution of their Appeals, have been or shall be adjudged Delinquents within the times herein before limited, shall upon their Petitions be admitted to Composition respe­ctively, according to the late Votes of Parlia­ment of the Fourteenth and One and twentieth of March, One thousand six hundred forty and eight, so as they do prosecute their Compositions with effect, within six weeks after they shall be adjudged Delinquents as aforesaid. And it is further Enacted and Ordained, That the Right, Title and Interest of all such Rectories, Tythes, Portions of Tythes, and other Pro­fits and advantages as have been, or hereafter shall, upon the Composition of any Delinquent or Delinquents, be setled to or for the Benefit of any Minister or Church, by the Committee or Commissioners for Compounding, shall be good and effectual to all intents and purposes, and shall be enjoyed against such Delinquent and Delinquents, and all claiming by, from or under him or them; or by, from or under any person or persons in trust for him or them, or to his or their use, benefit or behoof, since the cause of Sequestration; and also against all and eve­ry other person and persons claiming any estate therein, who shall not make such his Estate and Claim appear unto the said Commissio­ners for Compounding, within the time of one year after his Right or Title shall accrew and grow due, or before the First day of June, One [Page 679]thousand six hundred fifty five. And be it fur­ther Enacted by the authority aforesaid, That all the Lands of Papists that are under Se­questration for Delinquency or Recusancy, as also the third part that remains to the Recu­sant; shall be, and hereby are discharged of and from all former Fines and Compositions for Recusancy, and of and from all the Arrears due upon the same, since the said Lands have been under Sequestration: And the Barons of the Exchequer, and all others whom it may con­cern are to take notice hereof.

Provided always, and be it Enacted by the authority aforesaid, That this Act, nor any thing therein contained, doth or shall extend to the taking away of all or any the powers here­tofore granted to the Committee for advance of Money, commonly called, The Committee of Haberdashers-Hall. Provided, That this Act, or any thing therein contained, shall not ex­tend, or be construed to extend to enable the said Commissioners, or any imyloyed or to be imployed by them, to sequester the chief Man­sion House of any Recusant or Recusants, having not been in Arms; or to debar the Lord of any Manor or Manors for the time being to enter into, or upon any Copyhold Estate of any Recusant or Recusants sequestred, or lyable to Sequestration as aforesaid; or to enable the said Commissioners, or any to be imployed by them as aforesaid, to make sale of, or cut down any Timber or Timber-Trees, growing or standing upon any part of the two parts of any Recusant or Recusants Lands or Estates se­questred, or lyable to Sequestration as afore­said. Provided, That this Act shall not extend [Page 680]to the taking away of any power given unto any Committee by any Order, Ordinance or Act of Parliament, for the sequestring and re­moving scandalous and Delinquent Ministers and School-masters, but that they shall and may execute all power and authority given un­to them by such Order, Ordinances or Acts of Parliament in relation to the said service, Any thing in this Act to the contrary in any wise notwithstanding. Provided, That this Act continue in force for the space of Two years, from the three and twentieth day of January, in the Year of our Lord, One thousand six hun­dred forty nine, and no longer.

ORdered by the Parliament, That this Act be forthwith printed and published.

Hen: Scobell, Cleric. Parliamenti.

This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Text Creation Partnership. Searching, reading, printing, or downloading EEBO-TCP texts is reserved for the authorized users of these project partner institutions. Permission must be granted for subsequent distribution, in print or electronically, of this EEBO-TCP Phase II text, in whole or in part.