Acts and Ordinances of the Interregnum, 1642-1660. Originally published by His Majesty's Stationery Office, London, 1911.
This free content was digitised by double rekeying. All rights reserved.
[23 March, 1647/8.]
Penalty for such as have obtained an allowance of a cause shewed for not perfecting their Conveyances, and shall neglect within the time limited to procure their Conveyances.
To prevent all further delayes and neglects in paying in moneys, and perfecting Conveyances by such who have contracted for Bishops Lands; It is ordered and ordained by the Lords and Commons assembled in Parliament, that all and every such person or persons, who have contracted, or shall hereafter contract for any Lands, Possessions, or Hereditaments of the late Archbishops and Bishops; And according to an Ordinance of the 23. of Sept. 1647. have obtained or shall obtain from any five or more of the Contractors for sale of the said Lands, any certificate of allowance of any reasonable cause shewed, or to be shewed by him or them, for his or their not prosecuting and perfecting their respective Conveyances upon their Contracts, and shall neglect within the time limited by the said Contractors certificate to procure his or their respective Conveyances from the Trustees for sale of the said Lands, shall forfeit the third part of the whole moneys payable upon his or their respective Contracts; unless he or they shall, within that time, upon good cause shewn, procure from five or more of the said Contractors a new Certificate for further time to perfect his or their Conveyances, and likewise pay in the moyety of the purchase money, (or so much as the same shalbe estimated by the Register, in case it cannot be ascertained) at such time as the said Contractors certificate shall appoint; and likewise agree to pay the second moyety within six moneths after such payment of the first.
Provided, That if the aforementioned Estimate of the moyety of the purchase money paid in as aforesaid, shall upon casting up of the Rates appear to be more or less then the true moyety of the said purchase money, that then there shall be such abatement or addition out of, or unto the second payment, as shall reduce and bring it to the just moyety.
Forfeitures to be defalked cut of the moneys secured by the; Ordinances if sufficient, to satisfie such as have no moneys on the said security.
And it is ordered and ordained, That the forfeitures of all such persons who have any moneys secured unto them by any of the Ordinances for the sale of Bishops Lands, shall be wholly defalked by the Treasurers out of such moneys, if sufficient to satisfie the same; if not, then the said Treasurers are to detain so much as is due unto them upon the said security, and the residue of the said moneys, so forfeited, to be raised as is directed by this Ordinance: And such person or persons who have no moneys on the said security, and notwithstanding have contracted or shall contract for the said Premisses, or any part thereof, but have not perfected his or their Conveyances according to the said Ordinance of Parliament, his or their Forfeiture shall likewise be levied as is directed by this present Ordinance.
Forfeitures to be paid within ten days.; Treasurers to certify the default to the Contractors, which they are to certifie to the Committees of sequestrations.
And it is further ordered and ordained, That such person or persons as shall incur or make any Forfeiture by reason of the aforesaid, or this present Ordinance, shall pay in to the said Treasurers his or their moneys so forfeited, or so much of it as is unsatisfied, within ten days next after such Forfeiture made: And in case the same be not paid in to the said Treasurers within the time before limited; the said Treasurers, or any two of them, are hereby required under their hands to certife such neglects of Non-paiment unto five or more of the said Contractors of the said Lands within three days next after such default made; and after such Certificate made, the said Contractors, any five or more of them, are hereby required and enjoyned to make Certificates under five or more of their hands, of the sum or sums of money forfeited as aforesaid, unto the respective Committees or Commissioners for Sequestration in the several and respective Counties and places within the Realm of England, and Dominion of Wales, where such person or persons forfeiting as aforesaid, have or hath any real or personal Estate.
Committees of Sequestration to seize the real and personal Estate of the persons making forfeiture.
And it is further ordered, ordained, and declared by the Authority aforesaid, That the said respective Committees or Commissioners for Sequestration, shall, and are hereby authorized and required, upon Receipt of such Certificate from the said Contractors, to seize, sequester, and secure the real and personal Estate of such person or persons so forfeiting as aforesaid, and the same to detain in their custody without sale or disposal thereof for the space of ten days.
Within which time if the forfeiture be paid, the sequestration to be discharged.; If the feitures be not paid not paid within ten days after sequestration the forfeitures are to be levied by sale of goods and receipt of rents.
Provided, That if the person or persons so sequestred, do pay, or cause to be paid in to the said Treasurers, his or their Forfeitures within the said ten days, that then upon Certificate from the said Treasurers, or any two of them to the respective Committees or Commissioners of the payment thereof, the said Committees or Commissioners for Sequestrations, are to discharge the Sequestration of the said real and personal Estate of such person or persons.
All forfeitures to be paid to the Treasurers.
And it is further ordained, That in case such person or persons forfeiting as aforesaid, do not satisfie and pay in his or their forfeitures within the said ten days, that then the said Committees or Commissioners are hereby required and authorized to levy and raise such sum or sums certified unto them as aforesaid, by sale of the goods, and Receipts of the Rents, Issues, and Profits of the Lands of such person or persons, and after the sum certified as aforesaid is raised, the said Lands, and residue of the said Goods unsold, are to be discharged of the Sequestration. And it is further ordained, That all the said Forfeitures shall be paid in by the respective Committees or Commissioners to the said Treasurers, to be disposed of for such purposes as are appointed by the Ordinance of the 16 of November, 1646. as the Trustees, or any five or more of them, shall by their Warrant under their hands direct, which they are hereby authorized to do; and such their Warrant, together with the parties Acquittance to whom the same shall be paid, according to such Warrant, shall be a sufficient discharge to the Treasurers in that behalf.
After the forfeiture incurred the Contractors may sell the Lands to any other.
And it is further ordained, That after such Forfeiture incurred, it may and shall be lawfull for any five or more of the Contractors, to contract for, and sell all or any of the said Lands so contracted for and not prosecuted, to any other person or persons, notwithstanding the former contract, as if it never had been made (any former Ordinance to the contrary notwithstanding.)
This Ordinance to be sent to all Sheriffs to be published.
And it is lastly ordained, That the Trustees for the said Lands do forthwith send this Ordinance to the respective Sheriffs of the several Counties, Cities, and Boroughs in the Kingdome of England, and Dominion of Wales, who are hereby required to publish this present Ordinance in the chief Market Towns of the said County the next Market day after the Receipt thereof; and the day of the publication thereof to certifie to the said Trustees.