Journal of the House of Commons: Volume 6, 1648-1651. Originally published by His Majesty's Stationery Office, London, 1802.
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Die Jovis, 10 Januarii, 1649.
ORDERED, by the Parliament, That, in the Patent to be prepared by Mr. Attorney General, for constituting Henry Ireton Esquire, Major General of the Parliament's Forces in Ireland, President of Munster in Ireland, a Clause be inserted, That the said President shall pursue such Instructions as shall be, from time to time, given him by the Parliament, or by the Council of State, or by the Lord Lieutenant of Ireland for the Time being: And that Mr. Attorney General be authorized and required to put such a Clause in the said Patent accordingly.
Ordered, by the Parliament, That it be referred to the Council of State, to prepare Instructions, to be observed by the President of Munster; and to take care that the same be sent to him forthwith accordingly.
Ordered, by the Parliament, That the Amendments to the Act touching prohibiting Delinquents from staying in the City of London, or within the late Lines of Communication, be reported To-morrow Morning, the first Business.
An Act for the better ordering the Sequestrations of the Estates of Papists and Delinquents was this Day read the Third time.
A Proviso was tendered to the said Act, to this Effect; "Provided, That this Act, or any thing therein contained, shall not extend, or be construed .. extend, to enable the said Commissioners, or any employed, or to be employed, by them, to sequester the chief Mansion House of any Recusant or Recusants, having not been in Arms; or to debar the Lord of a Manor or Manors, for the Time being, to enter into or upon any Copyhold Estate of any Recusant or Recusants sequestred, or liable to Sequestration, as aforesaid; or to enable the said Commissioners, or any to be employed 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 liable to Sequestrations, as aforesaid; or to debar any Recusant or Recusants, submitting him, her, or themselves, or becoming conformable, or the Heir to any such Recusant or Recusants, being not convicted of Recusancy, to plead his, her, or their, or any of their Conformities respectively, in the Court of publick Exchequer, in Discharge of any such Sequestration or Sequestrations, as aforesaid; or to debar any Purchaser or Purchasers, or any other Person or Persons whatsoever, to plead his or their just Title or Titles, in the said Court of publick Exchequer, in Discharge of any the said Sequestration or Sequestrations as aforesaid (full Satisfaction being first given by every such Person or Persons, so pleading, for the Arrears, if any be, of the Profits of the said Lands upon the Sequestration, until the Time of such Title accrued to any such Person or Persons, so pleading, as aforesaid); but that, in all and every such Case before mentioned, the said Person or Persons, so pleading upon any Judgment of Judgments, to be had or obtained in the said Court of Exchequer, shall be, and are hereby, and by virtue of such Judgment or Judgments as aforesaid, enabled to enter into or upon the said Two Parts of the Lands or Estates of any such Recusant or Recusants, so sequestred, or liable to Sequestration, and to retain and hold the same, freed and discharged of and from any such Sequestration or Sequestrations, as aforesaid. And to the end the Commonwealth may in no wise be defrauded of the Benefit or Profit due, or to be due, out of the Lands or Estates of any Person or Persons convicted, or to be convicted, of Recusancy; be it further Provided and Enacted, by the Authority aforesaid, That the Officers of the said Court of Exchequer respectively, whom it doth or may concern, do, with . . Twenty Days after the End of Easter Term next, and of every Michaelmas and Easter Term following, make true Certificates unto the Commissioners of the Name and Names, and of the Place of Abode, of every Person and Persons convicted, or to be convicted, of Recusancy, remaining before them; to the end that Two Parts of the Lands and Estates of every such Person or Persons, not being sequestred may be forthwith sequestred accordingly; and, in like manner, that the said Commissioners do make, or cause to be made, within Twenty Days after the End of Trinity Term next, and so after the End of every Hilary Term and Trinity Term following true Certificates of Two Parts of the Lands and Estates of every such Person and Persons sequestred as Papists or Recusants, and of the true Value thereof; to the end the same may be put, and remain in Charge, in the said Court of Publick Exchequer, according to the antient Course thereof; and no Process to be thereupon issued; but the Rents and Profits thereof to be nevertheless received and taken by the said Commissioners, to the Use of the Commonwealth; until such Relief or Discharge shall be thereupon had in the said Court, as may be agreeable to Law and Justice, and according to the true Intent and Meaning of this present Act: Which was read the First time.
The Question being propounded, That the Debate be adjourned till To-morrow Morning;
The Question being put, That that Question be now put;
It passed with the Negative.
Resolved, That the Debate be adjourned till Tuesday next.
Ordered, That the Businesses, appointed to be heard this Day, be heard To-morrow Morning.