February, 1659/60: An Additional Act for Sequestrations.

February, 1660

[7 February, 1659/60.]

Act for Sequestrations of 27 Aug., 1659. recited.; Powers of Sequestration Commissioners named by above Act.; No power to compound.

Whereas by an Act of present Parliament, Entituled, An Act for Sequestrations, Samuel Moyer and others therein particularly named, are Constituted and appointed Commissioners for Sequestrations, and they or any four or more of them are thereby Authorized and required to nominate and appoint such persons as they shall think fit, to seize and secure all the Estates reall and personall of (or which any person or persons stands intrusted with for) Randall Egerton, Robert Werden, Sir George Booth, and Sir Thomas Middleton, or any of them, or of or for any other person or persons, who since the several and respective times mentioned in the said Act, have committed any of the severall and respective Crimes or Delinquencies therein particularly specified or described, As in and by the said Act, relation thereunto being had, more at large amongst other things it doth and may appear: Now be it further Enacted by this present Parliament, and by the Authority thereof, That the said Commissioners, or any four or more of them, shall have, exercise and put in Execution all such several and respective Powers, Authorities, and Instructions whatsoever, in, for, or any way concerning the Discovering of, and proceeding against, all such Persons or new Delinquents, and of all such their Estates, or in, for, or any other way concerning any other matter or thing whatsoever, and in any case or cases whatsoever touching or any way relating unto any of the said Persons or new Delinquents, or the Sequestration of their Estates, or any such Estate so Sequestred, or any of the Rents, Issues, or profits thereof, As the late Commissioners for Compounding with Delinquents, the Nineteenth of April, in the year of our Lord, One thousand six hundred fifty three, had or might have exercised or put in execution, in, for, or anyway concerning any other matter or thing whatsoever, and in any Case or Cases whatsoever touching or any way relating unto old Delinquents, or the Sequestration of their Estates, or any such their Estate so sequestred, or any of the Rents, Issues or Profits thereof, and as fully and amply to all Intents, Constructions and Purposes whatsoever, as the said late Commissioners for Compounding might have done in the same, or the like matters, things or Cases respectively: Provided, That this Act or anything herein contained, shall not authorize or impower the said Commissioners for Sequestration, to Compound with any the said Persons or new Delinquents for all or any part of their Estates.

Commissioners to appoint Sequestration Committees.; Powers and duties of those Committees.; To act only according to orders of Commissioners.; To pay in moneys received to Treasurers-General.; Praise-God-Barbone to be Comptroller of Cheque.; His salary.; Treasurers' allowance.; Commissioners to name all necessary officers, and allow them reasonable salaries.; Directions for payment of such salaries and charges, and repayment of loans, etc.; Acquittances.

And be it further Enacted by the Authority aforesaid, That such persons, as the said Commissioners for Sequestration, or any four or more of them, have nominated and appointed, or shall Nominate and appoint, shall be Committees for Sequestration within such place or places, County and Counties, as the said Commissioners for Sequestration, or any four or more of them, have thought fit and appointed, or shall think fit and appoint; And they the said Committees or any two or more of them (according to such Instructions and Orders as in pursuance of this Act, or any other Act or Ordinance of Parliament hath been or shall be given unto them by the said Commissioners for Sequestration, or any four or more of them) shall have, exercise, and put in execution all such several and respective Powers and Authorities whatsoever in, for, or any way concerning the discovering of, and proceeding against the said persons or new Delinquents, and all such their Estates, or in, for, or any way concerning any other matter, or thing whatsoever, and in any Case or Cases whatsoever, touching or any way relating unto any of the said persons or new Delinquents, or the Sequestration of their Estates, or any such their Estates so sequestred, or any of the Rents, Issues or Profits thereof, as the late Commissioners for Sequestration the Nineteenth of April, in the year of our Lord, one thousand six hundred fifty three, had or according to Instructions and Orders in pursuance of any Act or Ordinance of Parliament given unto them by the said late Commissioners for Compounding, might have exercised or put in Execution, in, for, or any way concerning the Discovering of, or proceeding against old Delinquents or their Estates, or in, for, or any way concerning any other matter or thing whatsoever, and in any case or cases whatsoever touching or any way relating unto old Delinquents or the Sequestration of their Estates, or any such their Estate so sequestred, or any the Rents, Issues or Profits thereof, and as fully and amply to all Intents, Constructions and Purposes whatsoever, as the said late Commissioners for Sequestration, might have done in the same or the like matters, things, or cases respectively. And the said Committees for Sequestration, or any two or more of them shall from time to time further Act, in and about the Premisses, according to such Orders, Instructions, and Directions, as in pursuance of this Act shall be given unto them by the said Commissioners for Sequestration, or any four or more of them, upon any emergent occasion whatsoever; and not otherwise. And the said Committees for Sequestration are hereby Impowered and required according to such Instructions and Directions, as they shall from time to time receive from the said Commissioners for Sequestration, or any four or more of them, to pay all such Rents, Revenues, Issues, Profits and other summs of money as shall be raised upon the sequestred Estates of the said persons or new Delinquents, unto Richard Wareing Esquire, and Richard Barton Esquire, who are hereby Constituted and appointed Treasurers-General for this service, and are hereby impowred and required to receive all such Rents, Issues, Profits, and other Summs of mony and to give Acquittances for the same; which Acquittances shall be unto such Committee or Committees for Sequestration, sufficient Discharges for so much paid respectively. But before any such Rents, Revenues, Profits, or other Sums of money shall be so paid unto the said Treasurers, the same shall be duly entred with Praise-God-Barbone Esquire, who is hereby Nominated and appointed to be Comptroller of Checque upon the said Treasurers touching all such Receipts, who is hereby appointed the summ of three hundred pounds by the year, for his Salary and pains in the said service, To be paid by the said Treasurers without further order. And the said Treasurers are hereby impowred to take and retain in their hands to their own use as a reward for their service, two pence in the pound for all such Rents, Revenues, Issues, and other summs of Money so received by them as aforesaid, And for the better carrying on of this service, the said Commissioners for Sequestration, or any four or more of them, are hereby impowred and required to nominate and appoint such Persons to be Councel, Register, Sollicitor, Examiner, Auditor, and all other Officers; and to give and allow unto them such Sallaries as they the said Commissioners for Sequestration, or any four or more of them, shall think fit and reasonable on that behalf, (the said Sallaries being first approved of by the Committee of Parliament for Inspection of the Treasury) And also from time to time to issue their Warrants directed unto the said Treasurers for payment of all such Sallaries, and for payment of all other incident charges whatsoever, and also for repayment of all moneys deposited or unduly received. And the said Treasurers are hereby Impowred and required to pay the same accordingly, and such Warrants together with the Acquittances of the persons concerned, shall be unto them a sufficient discharge in that behalf; And the said Treasurers are hereby further impowred and required from time to time, to pay into the Receipt of the Exchequer at Westminster, all the rest and residue of all such Rents, Issues, Profits, and other summs of money, which shall be so received by them as aforesaid; and to take such acquittances or other discharges for the same, as hath usually been given in the same or the like case or cases; which Acquittances or other Discharges shall be sufficient to acquit and discharge them the said Treasurers on that behalf.

Commissioners to take oath; Who to administer it.

And be it further Enacted by the Authority aforesaid, That the Commissioners for Sequestration and every of them, before he or they do intermeddle in the execution of any of the Powers given unto them in and by this Act, or by the said Act first above-mentioned, shall take the oath herein after expressed, before the Lords Commissioners of the Great Seal, or any two of them, who are hereby Authorized and Required to Administer the same (That is to say)

The oath

I A. B. do swear, That I will, according to my best skill and knowledge, truly and faithfully Perform and Discharge the Trust Reposed in, and Committed unto me, in Relation unto two Acts of Parliament; the one Entituled, An Act for Sequestration. The other Entituled, An Additional Act for Sequestrations. And that I will not for Love or Hate, Favour, or Affection, Gift or Reward, or hope thereof, or for any other Cause or Motive whatsoever, voluntarily break or infringe my said Trust, in any matter or thing whatsoever, So help me God.

Treasurers, Comptroller, etc., to take same oath, mutatis mutandis.; Who to administer the same

And the said Treasurers, Comptroller, or Checque and every Person that shall be Nominated and Appointed by the said Commissioners for Sequestrations, or any four or more of them, to be any of such Committee for Sequestration; and every Person that shall be Imployed by or under the said Commissioners for Sequestration, or by or under the said Committees for Sequestration, as Councel, Register, Solicitor, Checque, Examiner, Auditor, or otherwise, are hereby Required before any such Person Act farther in anything touching the Premises, to take the same Oath, Mutatis Mutandis before one or more Justices of the Peace for such County or Place, where such Person is to Act or be Imployed; which Oath such Justices are hereby Impowred and Required to Administer accordingly.

Commissioners salaries.; Committee's salaries.

And lastly, Be it Enacted, And it is hereby Enacted by the Authority aforesaid, That the said Commissioners, and every of them Respectively, shall have and Receive for their pains and care in the Management of this business of Sequestration, the yearly sum of Three hundred pounds, to be paid by the said Treasurers, unto them the said Commissioners, and every of them Respectively, by even and Quarterly Payments, the Receipt of which under the hand of the said Respective Commissioners, shall for such Respective Commissioners Sallarie, be from time to time a sufficient Discharge to the said Treasurers: And also that the said Committees, in the Respective Counties and Places, shall have and Retain to their own Use for their Sallary, one shilling six pence in the Pound, of all such Moneys as shall be paid by them unto the said Treasurers, out of the Profits of the said Sequestred Estates, in the Respective Counties and Places.