AN ORDINANCE For the better ORDERING AND DISPOSING THE ESTATES UNDER Sequestration.

[seal of the commonwealth of England]

ORdered by His Highness the Lord Protector, and His Council, that this Ordinance be forthwith printed and published.

HENRY SCOBELL Clerk of the Council.

London, Printed by William du-Gard and Henry Hills, Prin­ters to His Highness the Lord Protector, 1653.

[seal of the commonwealth of England]

AN ORDINANCE For the better ordering and disposing of the ESTATES under SEQUESTRATION.

BE it Ordained by his Highness the Lord Protector, by and with the advise and consent 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 mannaging, ordering, and dis­posing [Page 86] of the Estates of all Delinquents now sequestred, 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 mannage, order, set, let, or dispose of all and every the said Estates, during such time as the same shall remain under Se­questration. Provided, 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 Leech, Esqs who are hereby constituted and appointed Treasurers of the said Receit. And the said Commissioners 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 [Page 87] 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 du upon their Accompt to be levyed upon their Lands, Goods and Chattles 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 shalbe 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 [Page 88] the persons named in one Act of Parlament, 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 vertu or 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, & 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 Estate 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-sequest­ring 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 en­joied the same) Provided, the said fines, or the re­maining part of such fines, be paid into the Trea­sury aforesaid, before the said twentie fift day of [Page 89] March now next comming; Provided also, that if it shal 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.

And be it further Ordained by the Authority aforesaid, That the Commissioners aforenamed 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 ther­of, since the four and twentieth of December 1649. and also to issue Warrants from time to time for repayment 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 [Page 90] 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 or 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 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 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.

Fryday, February 10. 1653.

ORdered by his Highness the Lord Protector, and his Council, That this Ordinance be forthwith printed and published.

Henry Scobell Clerk of the Council.

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