[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.