A Brighter Day Begins with His Word.

John McClintock & James Strong • SECTION 740

Section 740

← McClintock & Strong Cyclopaedia — Volume 9

Sequestration, a term employed to signify the separating or setting -aside of a thing in controversy from the possession of both parties who contend for it. It is twofold — voluntary and necessary. Voluntary se- questration is that which is done by consent of each party ; necessary is that which tlie judge, of his own au- thority, does, whether the party consents or not. Se- questration is also a kind of execution for debt on a benefice, issued by the bishop, by which the profits are to be paid to the creditor.

SEQUESTRATION, English. When a judgment

has been obtained against a beneficed clergyman, and that judgment remains unsatisfied, the party entitled to the fruits of the judgment is obliged to levy the sum recovered by an execution. In the first instance he is- sues the ordinary writ of execution, called a feri facias, to which all persons are subject, directing the sheriff to levy the amount upon the goods and chattels of the de- faulter. If the sheriff is able to do so, the amount is levied, and there is an end of the inatter; if, on the other hand, he cannot find goods and chattels sufficient, he returns the writ to the court, stating his inability, and certifying that the individual has a rectory or other ecclesiastical benefice, as the case may be, in the county. Upon this return a writ of sequestration, called either a levari facias de bonis ecclesiasticis, or a sequestrari faci- as, according to the mode in which it is drawn up, is- sues to the bishop of the diocese, requiring him to levy the amount upon the ecclesiastical goods of the clergy- man. Upon this writ the bishop or his officer makes out a sequestration, directed to the church-wardens or persons named by the bishop, or, upon proper security, to persons named by the party who issues the writ, re- quiring them to sequestrate the tithes and other profits of the benefice ; which sequestration should be forthwith published, not by reading it in church during divine service (a ceremony which is, in our opinion, abolished by the second section of 7 William IV, and 1 Victoria, c. 45), but by affixing a notice of its contents at or near the church door before the commencement of the ser- vice, as required by that statute. The sequestration is a continuing charge upon the benefice, and the bishop may be called upon from time to time to return to the court an account of what has been levied under it. The court has the same power over the bishop that it has over a sheriff in respect of ordinary writs of execution; and if the bishop is negligent in the performance of his duty, or returns an untrue account of the proceedings under the writ, he is liable, in the same way as the sher- iff is liable, to an action at the suit of the party damni- fied thereby. Sequestration is also a process of the ec- clesiastical courts. When a benefice is full, the profits may be sequestered if the incimibent neglects his cure; and if there be a vacancv, the [jrofits are to be seques- tered, and to be applied so far as necessary in providing for the service of the cure during the vacancy, the suc- cessor being entitled to the surplus. — Eadie, Eccles. Cyclop, s. v.

Se'rah (Heb.<S'e'rac^,ri'nb, perhaps ot'er/?o?/!,- Sept. in Gen. 2rtpa [v. r. Sopt], but in Chron. "Eapai [v. r. '2actp'\ ; also written " Sarah" [q. v.] in Numb, xxvi, 4G), the daughter of Asher, son of Jacob (Gen. xlvi, 17; Numb, xxvi, 4(1; 1 Chron. vii, 30). B.C. cir. 1864. The mention of a female in a list of this kind, in which no others of her sex are named, and contrary to the usual practice of the .Jews, seems to indicate something ex- traordinary in connection with her history or circum- stances. This has sufficed to excite the ever-active imaginations of the rabbins, and the Jews fable that she was very remarkable for piety and virtue, and was therefore privileged to be the first person to tell Jacob that his son Joseph was still living (Gen. xlv, 2G), on whicli account she was translated alive (like Enoch) to paradise, where, according to the ancient book Zcdiar, are four mansions or palaces, each presided over by an illustrious woman, viz. Sarah, daughter of Asher, the daughter of Pharaoh who brought up JMoses; Jochebed, mother of Moses ; and Deborah the prophetess.

Serai'ah (Heb. Serayah', fT^^b [once in the pro- longed form, Sei-aya'hu, W^"i'C3, Jer. xxxvi, 20], war- rior of Jehovah ; Sept. "LapaiaQ or Stpaia, but with many v. rr.), the proper name of eight men.

1. Second-named son of Kcnaz, and father of a Joab who was head of a famih' of the tribe of Ju<iah in the valley of the Charashim (1 Chron. iv, 13, 14). B.C. cir. 1560.

SERAPHIC DOCTOR

568

SERAPION

2. The scribe or secretary of David (2 Sam. viii, 17). B.C. cir. 1015. This person's name is in other places corrupted into Sheya', X'^'J ; A. V. " Sheva" (2 Sam. XX, 25), "Shisha," Nd^d (1 Kings iv, 3), and "Shav- sha," XiTVi^ (1 Chron. xviii, 16).

3. Son of Asiel and father of Josibiah of the tribe of Simeon (1 Chron. iv, 35). B.C. ante 720.

Public-domain 19th-century biblical, theological, and ecclesiastical reference work; OCR text from Internet Archive. Historical scholarship and terminology reflect its era; OCR may contain errors. Verify quotations and current scholarly claims independently.

Project Gutenberg source record →