AN ORDINANCE OF EXPLANATION AND Further Enlargement of a former ORDINANCE Made by the Lords and Commons in Parliament, for Sequestration of Delinquents Estates.

With an Oath for renouncing of POPERY.

ORdered by the Commons in Parliament assembled, That this Ordinance be forthwith Printed and Published.

H. Elsynge Cler. Parl. D. Com.

LONDON: Printed for Laurence Blaikelocke, and are to be sold at his Shop neer Temple-Bar. Aug. 21. 1643.

An Ordinance of the Lords and Commons, in Parliament, for explanation of a former Ordinance for sequestration of Delinquents estates.

FOr explanation and enlargement of an Ordinance lately made by the Lords and Commons in Parliament, for Seizing and Sequestring the Estates both Reall and Personall of certain kindes of notorious Delinquents;

Be it now Declared and Ordained by the said Lords and Commons assembled, That in the num­ber of such Delinquents and Papists, who shall come within the compasse of the said former Ordi­nance, and to all Intents and Purposes to be pro­ceeded against, as notorious Delinquents or Pa­pists, expresly described in the said Ordinance, shall be reckoned and accounted, all such as voluntarily absenting themselves from the usual places of their abodes, or dwellings, Trade, Offices, or Imploy­ments, and have gone, or shall go to any of the Kings Armies, or other Forces raised without con­sent of both Houses of Parl. and have there conti­nued, or shall there continue, and shall not within ten days after Seizure or Sequestration of their se­verall goods or estates, or stay made of their Rents by force of the said Ordinance (which said Seque­strators are hereby required to do) shew sufficient [Page 2] cause to be allowed by the Committee of the County, City, or Place in which the said Seizure or Sequestration, or stay of Rents, is, or shall be made, of such their absence, going, and continuing in any of the said Armies or Forces: And all such as shall fraudulently imbezle, conceal, or convey away, all, or any part of their goods, money, or estate, without valuable consideration, or not bonâ fide thereby pre­venting or avoiding the paymēt of any taxes or As­sesments laid upon them by any Ordinance of both Houses of Parl. or any distresse or seizure in case of non-payment thereof; or that after any such Tax or Assessment laid on them, convey themselves away, or refuse to be spoken with, whereby any Tax or Assessment laid upon them by Ordinance of both Houses of Parliament cannot be executed upon them or their estates, according to the true meaning and purport thereof: or that wittingly or willing­ly conceal or harbour any goods or persons of De­linquents, within this or the said former Ordinance, or that have had any hand in the late horrid and desperate Conspiracy and Treason of Waller, Tomp­kins, Challinor, and their Confederates, whether they be already, or hereafter shall be Convicted to be privie or consenting thereunto (except such as being not yet convicted shall discover and confesse all that they know thereof, within the time limited by both Houses of Parliament, to such person or persons as are or shall be appointed to take such dis­cove [...]s and Confessions) or that shall sue or mo­lest any person or persons who shall have yeelded obedience or conformitie unto the Orders, Ordi­nances, [Page 3] or Commands of both Houses of Parlia­ment, or have been, or shall be imployed by autho­rity of both the said Houses, for, or by reason of any thing done, or to be done, in execution or perfor­mance thereof, or that have willingly harboured any Popish Priests or Jesuites in their houses or dwellings since the 29 of November 1642. or that shall hereafter so harbour any: And all and every person or persons which at any time hereto­fore have been convicted of Popish Recusancy, and so continue, or that have been or shall be thereof Indicted, and such their Indictwents removed by Certiorary, or being not removed shall not by ap­pearance and Traverse be legally discharged, be­fore Seizure or Sequestration made of their goods or estates, or stay of their Rents, by force of this, or the said former Ordinance, or that have been at Masse, at any time within one whole yeer before the 26 day of March 1643. or shall hereaf­ter be at Masse; or whose Children or Grand-chil­dren, or any of them living in house with them, or under their, or any of their Tuition and Govern­ment, shall be brought up in the Popish Religion: and all such persons as being of the age of 21 yeers, or above, shall refuse to take the Oath hereafter ex­pressed; which Oath any two or more of the said Committees for Sequestration, in every Countie, City, or place respectively, or any 2 Justices of the Peace, or the Major, Bailiffs or other head-Officer of any City or Town Corporate, shall have [...]wer to administer to any such person or persons; The Tenor of which Oath followeth, in hac verba, viz.

[Page 4]

The Oath.

I A. B. Do abjure and renounce the Popes Su­premacie and Authority over the Catholike Church in Generall, and over my Selfe in Parti­cular; And I do beleeve that there is not any Tran­substantiation in the Sacrament of the Lords Sup­per, or in the Elements of Bread & Wine after Con­secration thereof, by any person whatsoever; And I do also beleeve, that there is not any Purgatory; Or that the Consecrated Hoast, Crucifixes, or Ima­ges, ought to be worshipped, or that any worship is due unto any of them; And I also beleeve that Salvation cannot be Merited by Works, and all Doctrines in affirmation of the said Points; I do abjure and renounce, without any Equivocation, Mentall-Reservation, or secret Evasion whatso­ever, taking the words by me spoken, according to the common and usuall meaning of them.

So help me God.

[Page 5] Shall forfeit as Papists within this and the said for­mer Ordinances, and Seizure and Sequestration of two third parts of all their goods and estates Re­all and personall, and sale of such proportion of their goods so Seized and Sequestred, shal be made, and their Rents and estates disposed of, in such man­ner and proportion, and by such persons as by the said Ordinance of Sequestrations is appointed for Papists.

And for the better discovery of such Delin­quents and Papists, in this, and the said former Or­dinance described, and of their estates; Be it fur­ther Ordained, by the said Lords and Commons, That over and besides the former power given by the said Ordinance of Sequestration to the persons trusted and imployed in the said Service, the said Committees for Sequestrations, or any two or more of them respectively, shall have power further hereby, to examine by Oath or otherwise, all and every person or persons (other then the parties themselves so declared to be Delinquents) that probably may be able to discover such Delin­quents and Papists, or that may be trusted with, or privy to the keeping or concealing of the goods or estates of any such delinquent or Papist, or that shall owe any thing to any such delinquent or Papist, and such as sh [...]ll refuse so to be examined, or to declare the whole trueth therein, so farre as he shall be so required, shall be committed to safe Custodie by the said Committee, or any two or more of them, imployed for their ex [...]minations, till he or they shall conform him, her, or themselves.

[Page 6] And that such person or persons as shall first finde out and discover to one or both Houses of Parlia­ment, or to any Committee authorized for this Ser­vice, or to any of their Agents or Officers, any such moneys, goods, debts, or estates (if the same be im­bezelled, eloyned, concealed, or conveyed away, as aforesaid) shall do therein an acceptable service to the Common-wealth, and shall have and re­ceive for his p [...]ins therein 12. d. in every twenty shillings, so discovered after Seizure or sale there­of made, and receipt of the money arising thereupon, or out of the Rents or estate so disco­vered, the same to be paid unto him by the re­spective Committees, or Treasu [...]ers trusted with the moneys that shall be received upon the Sale, or Proceed thereof, without any further or o­ther Warrant, and shall further receive such other reward for his extraordinary service therein, as by the said LORDS and COMMONS shall be further appointed and Ordered: And for the more speedie and effectuall Seizure, and obtaining possession of all such Debts, Goods, and estates, as aforesaid, discovered, or to be disco­vered.

It is further Ordained, That over and be­sides the Power given by the said former Or­dinance for Sequestration, the severall and re­spective COMMITTEES, appointed for this Service, or any two, or more of them, shall hereby have Power to authorize their se­verall Collectours, and Agents, imployed here­in, to breake open all Locks, Bolts, Barres, [Page 7] dores, or other strength whatsoever, where any such estates, moneys, or goods, are or shall be, upon probable grounds made appeare to the said Committees or any two of them, and by them allowed in writing under their hands, to be provided that some or one of the said Committee, or the Sollicitor, or Constable, or some other known Officer of that County or Place; and one other person or persons of credit and trust be present at the doing thereof; and it is further ordained, that an exact Inventory, subscribed by all their hands, be taken of all particulars whatsoever, which shall be seized by vertue of these Ordinances: and one part of the said Inventory in writing so subscribed, delivered to the owner or owners of the said money, goods, or estates, or other things so Inventoried, or to some person trusted with the keeping thereof. And that where any Rents, Debts, or Estate pertaining to any Delin­quent or Papist within this or the said former Ordi­nance for sequestration shall be found due, and the Debtor refuseth or neglecteth to pay the same, upon any pretence whatsoever, reasonable time being given to provide it, after it be come payable, and demand thereof made, the said Committees, their Collectors or other Agents whom they shall authorize thereunto under their hands in writing, shall hereby have power to distraine, seize, carry away, and sell so much of the goods and estate of every such person so refusing or neglecting as aforesaid, as may fully satisfie the said Rents or other Debts, together with all charges of seisure, removall, and sale of goods for satisfaction of the said Rents, or Debts: And if any person or per­sons [Page 8] shall stand out or forbeare to make payment of any summe or summes of money which he or they ought to pay by vertue of this or any other Ordinance of both Houses of Parliament whatsoever, made for the raising of moneys, untill a distresse bee taken for the same; that then he or they so standing out or for­bearing, shall pay such double charges for all such sei­zures, removeall, and sale of their goods, as the Com­mittee or any two or more of them respectively shall allow or appoint; the same to bee levied and taken out of the goods and estates of such persons so stan­ding out or forbearing, by such as shall be employed to distraine for, and seize the principall summe. And if any person or persons shall undertake for the forth comming of any goods or estate at any time seized, by force of this or the said former Ordinance, all and every the said goods or estate shall be particular­ly Inventoried, and the Inventory thereof signed and subscribed by three or more persons of credit, and after given in to the Committee, under whom the persons making the seizure shall bee employed; and if it shall after happen, that any of the said goods or estate bee imbezilled or wanting, or be denied or refused, or not delivered to the said respective Committee, or to their Collectors, requiring the same by order of the said Committee, or any two or more of them respectively, that then the said Committee, or such as they shall au­thorize thereunto, shall have power to seize, carry away, and sell so much of such undertakers goods or perso­nall estate, and profits of his Lands and Tenements, as may fully satisfie for the goods or estate so wanting, [Page 9] imbezilled, or not delivered; and also so much double charges for the seizure, carriage, and sale of the said un­dertakers goods or estate so to be seized and sold, as the said Committees, or any two or more of them, shall allow.

And for the better enabling of the said severall Com­mittees, and their Agents, to make sale of all such goods and estates as are and shall be by them seized, and are ap­pointed to be sold by this or the said former Ordinance.

It is further declared and ordained, that after the ap­portioning and setting out of some necessary mainte­nance (if it be desired) for the wives and children of such Delinquents whose goods and estates are and shall be seized (which allowance or maintenrnce the said se­verall and respective Committees, or any two or more of them respectively, shall hereby have power to make, so, as they allow not the wife and children of one De­linquent above one fifth part of his goods and estate so seized) they shall authorize and require their Collectors and Agents to make sale of the residue or remainder of the said goods by the Candle for ready moneys to bee paid at the delivery of the goods so sold, within ten dayes after the seizure thereof, giving notice of the said sale in writing upon some posts or walles in the most open and eminent places neare the place of sale two dayes before the said sale, due appraisment being first made thereof by two skilfull appraisors, being men of some quality, and known integrity, from time to time to be chosen with the advice of the Solli­citor for sequestrations, by the Committee trusted with [Page 10] the seizure and sale of the said goods: which apprais­ment shall be made in the presence of some of the said Committees, Sollicitor, or Treasurer of the same County, City, or place respectively, and not otherwise. And for the more speedy dispatch hereof, it is further ordained, that the Committee of Lords and Commons for sequestrations shall receive no information against the particular C [...]mmittee of any County, City, or place for sequestrations in any cause of this kinde, till the matter hath first beene certified under the hands of two or more of the said respective Committees by whose Agents and Ministers the goods or estate of the Delinquent were seized: Or in case the said Committees refuse to certifie the speciall matter, or that otherwise Certificate cannot bee had. And bee it ordained, that honest, able, and sufficient Collectors bee appointed in every County, City, and place for this service, and their neglects or de­faults be certified to the Houses, or to the Committee of Lords and Commons for Sequestrations.

And that all and every person and persons, who shall be employed in this service, or shall doe any thing in pursuance of this or the said former Ordinance for Sequestrations, shall therein have the protection of both Houses of Parliament for their Imdempni­ty, and bee held and este [...]med as persons doing an acceptable service to the Common-wealth.

And it is further ordained, that every Collector within every County City and place respectively, who shall receive any moneys in kinde, or make sale of any goods, shall deliver the moneys so received or rai­sed [Page 11] by sales, to the Committee for sequestrations with­in the said County City, or place, where such moneys shall be received, or to such Treasurer as they shall ap­point, or other person authorized to receive the same within seven dayes next after the said Collectors re­ceit thereof, upon paine of forfiture of twelfe pence for every twenty shillings, received or levied by sale as aforesaid, and remaining in his or their hands, which Committee or Treasurer, shall take order for the safe sending of all, and every summe so received to the Treasurer at Guild-Hall in London appointed for this purpose, Monthly, or more often, as they shall bee thereunto required by the said Treasurors at Guild-Hall, or by the said Committee of Lords and Commons for Sequestrations, or by the Committee of Lords and Commons for advance of moneys; and that the seve­rall Committees, Collectors, and Treasurers respective­ly, shall have power to give acquittances and dis­charges for the severall sums by them received, which shall bee sufficient discharges to the parties concerned in that behalfe.

And it is further ordained and declared, That Master Hobson, Master Bernardiston, Master Hill, and Master Samuel Avery, Citizens of London, shall bee and are hereby appointed, and authorized to be Treasurers at Guild-Hall London, to receive all moneys raised and to be raised upon, or by vertue of this, or the said former Ordinance for Sequestrations, and shall make entries thereof in faire books [...]o be provided for that purpose, as also of the names of the persons, from whom, [Page 12] and the time when they receive the same, and of their disbursements and payments out; for which their paines and service, they shall have three pence in every pound, which they shall so receive to be debated out of the said summes received.

And it is further ordained that no Treasurers tru­sted with any part of the said moneys, shall issue out any of the said moneys by way of payment, loane, or otherwise, (except as in this Ordinance is appointed) otherwise then and in such manner as is directed by former Ordinance for issuing out of moneys; and for the more exact and perfect keeping of all accompts touching the premisses; it is yet further ordained, that every Collector shall from time to time, make and keep a sure and perfect Inventary of all and every the moneys, goods, and estates by him seized, another of the sale or other disposall thereof; both of which shall be subscribed under the hands of two or more persons of credit that were present at the said seizures or sales, besides his own, and that he make and ingrosse a dupli­cate thereof in parchment, fairly written, one part wher­of he shall leave with the particular Committee, under which he is employed; and the other part after exami­nation thereof, he shall deliver to the Sollicitor for that place, who shall transmit the same to the Committee of Lords and Commons for advance of money subscri­bed by the said Sollicitor, and Collector, and two of the said particular Committee of the place from whence it is transmitted, all which accounts and duplicats shall be made and sent up to London in such manner and so [Page 13] often as the said Committee of Lords and Commons for advance of money, shall from time to time order and appoint: Provided always, and be it ordained, that it shall be lawfull for the respective Committes for se­questrations, or any two or more of them to accept of ready mony for the goods of the said Delinquents or Papists, or any of them which shall or are to be seized according to the value thereof, in leiw and satis­faction of the said goods, and thereupon the seizure and sequestration, as to the same, to be discharged.

And bee it ordained that if any person shall wit­tingly or willingly conceale and harbour any of the goods of any Delinquents within this or the said former Ordinance (he knowing such person to be a De­linquent) that then such persons shall forfeit treble the value thereof, to be levied upon his or their goods and estates, by the said respective Committee or Seque­strators, or any two or more of them, or their agents, to the uses appointed by the said Ordinances for De­linquents Estates.

FINIS.

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