The court granted an order sequestrating Miller's estate. It rejected Miller's argument that, because he no longer had any assets, he had ceased to have an estate and that therefore sequestration was not possible.
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The Worcestershire Royalists were made to feel that they were the conquered. There was no more fighting. The time was spent in fining, compounding, sequestrating. So far as war was concerned there was a lull.
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Although a creditor may have good reason for believing the debtor is insolvent, he will usually not be in a position to prove that the debtor's liabilities exceed his assets. If, however, the creditor can establish that the debtor has committed one or more “act” of insolvency, he may seek an order sequestrating the debtor's estate without having to prove that the debtor is insolvent. Therefore, a debtor's estate may be sequestrated even though he is technically solvent. An act of insolvency need not be committed vis-à-vis the sequestrating creditor.
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262–4 Greaves was accused of sequestrating the college's plate and funds for king Charles.Ward, John (1740). The Lives of the Professors of Gresham College, to which is prefixed the Life of the Founder, Sir Thomas Gresham, pp. 144–146 London: John Moore.
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However, in 1647 a Parliamentary commission (or visitation) was set up "for the correction of offences, abuses, and disorders" in the University of Oxford. Nathaniel Brent was the president of the visitors.Dictionary of National Biography, article on Brent, Sir Nathaniel, pp. 262–4 After Thomas Fairfax had captured Oxford for the Parliamentarians in 1648 and Brent had returned from London, Greaves was accused of sequestrating the college's plate and funds for king Charles.
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Morley was elected Member of Parliament for Lewes just before the dissolution of the Short Parliament. In November 1640, he was re- elected MP for Lewes in the Long Parliament.History of Parliament Online - Morley, Herbert In the civil war he became a colonel in the Parliamentary Army and was chief agent for raising troops, and sequestrating estates, in Sussex. Morley was the leader of the Parliamentarian army at the Battle of Muster Green, fought on the first week of December 1642 on Muster Green in Haywards Heath in Sussex, and won the battle.
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On 23 October 1791 he moved and carried the institution of a committee of surveillance, of which he became a member. It was he who proposed the law sequestrating the property of the émigrés, and he took an important part in the Demonstration of 20 June 1792 and in the revolution of 10 August of the same year. He was elected deputy to the National Convention, and pressed for the execution of Louis XVI, but a mission to the army prevented his attending the trial. He displayed great bravery in the defence of Mainz.
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The Royalist Hartlebury garrison also gained a bad reputation for sequestrating local supplies and thereby depleting the neighbouring area through the war. Bands of Clubmen formed in west Worcestershire in the later part of the first war, with the objective of keeping both armies and their demands away from the rural civilian population, to resist despoilation and requisitioning. There was also a vein of resentment towards the prominent role given many Catholics in the county. The Clubmen's Woodbury Hill proclamation stated that they would not obey any Papist or Papist Recusant, "nor ought [they] … be trusted in any office of state, justice, or judicature".
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In terms of section 74 of the MCA, an application for an administration order is described as a modified form of insolvency proceedings, and provides for debt relief for debtors whose debts amount to less than R50,000. In principle the procedure provides for a rescheduling of a debtor's debt without sequestrating the debtor's estate. In terms of this order, a court will assist the debtor by appointing an administrator to take control of the debtor's financial affairs, and to manage the payment of debts due to creditors. In terms of the order, the debtor has an obligation to make regular payments to the administrator.
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The House of Commons declined to sanction Reading's institution, and appointed Edward Corbett. Laud refused to abandon Reading, and the house passed on that ground an ordinance sequestrating the archbishop's temporalities. A prebend in Canterbury which was bestowed on Reading at the same time brought him no advantage. In July 1644 he was presented by William Brockman to the living of Cheriton, Kent, and in the same year Reading was appointed by the Westminster Assembly to be one of nine commissioned to write annotations on the New Testament. These were published in ‘Annotations upon all the Books of the Old and New Testament, wherein the Text is explained, Doubts resolved, Scriptures paralleled, and various Readings observed,’ London, 1645, 1651, and 1657.
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The debtor has to prove that sequestration will be to the advantage of creditors, whereas, in an application for compulsory sequestration, the creditor has to show merely that there is reason to believe that it will be. The onus, then, is more strenuous in the case of voluntary surrender than in the case of compulsory sequestration. One reason for this is that a debtor can normally be expected to provide a detailed account of his own financial position, whereas a sequestrating creditor would generally not have access to this information. Another reason is to reduce the ever-present risk of the debtor abusing the sequestration procedure and resorting to sequestration when it holds little or no real benefit for creditors and simply gives the debtor a means of escaping his liabilities.
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