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england_n	act_n	great_a	parliament_n	3,586	5	6.2777	4	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A83261	An ordinance of the Lords and Commons assembled in Parliament. For the selling of the lands of all the bishops in the kingdome of England, and dominion of Wales, for the service of the common-wealth. : With the instructions and names of all the contractors and trustees for the speedy execution of the same. : Corrected according to the originall. / Die Lunæ, Novemb. 16. 1646. Ordered by the Lords assembled in Parliament that this ordinance with the instructions be forthwith printed and published. ; John Brown, cler. Parliamentorum.; Laws, etc.	England and Wales.; Browne, John, ca. 1608-1691.; England and Wales. Parliament.	1646 (1646)	Wing E2038aA; ESTC R228512	18,084	28

Jurisdictions commony called Jura Regalia that this Ordinance nor any thing therein contained extend not nor be construed to extend to give power or authority to the persons herein named or any of them to sell dispose or any way to contract for the said Jura Regalia belonging to the said Bishop or his predecessors or any of them but that the same shall remaine in in the said Trustees named in a late Ordinance intituled An Ordinance for the abolishing of Archbishops and Bishops within the Kingdome of England and Dominion of Wales and for setling their Lands and Possessions upon Trustees for the use of the Common-Wealth to bee disposed of as both houses shall think fit and appoint any thing in this Ordinance to the contrary thereof contained in any wise notwithstanding Provided also That the buildings fabrick or scite of any Cathedrall Church or Churches or any Chappels belonging to such Cathedrall Church or Chappels or any other Churches Churchyards or places used for buriall shall not be sold or disposed of by vertue of this Ordinance any thing therein contained to the contrary notwithstanding Provided alwayes that the Trustees and the Treasurers for the time being by vertue of this Ordinance shall pay or cause to be paid unto the Assembly of Divines their constant pay and allowance allowed unto them by former Orders of Parliament with all their Arrears out of the Rents Revenues and profits belonging to the late Archbishoprick of Canterbury untill such time as the Lands and Revenues aforesaid shall happen to be sold away by vertue of this Ordinance And it is further ordained That if any person or persons body Politique or Corporate who shall be purchasers of any part of the premises shall hereafter be evicted out of any part of the premises by vertue of any eigne right title or interest in or unto the same that in such case the said purchaser and purchasers so evicted shall have full and due satisfaction recompence and allowance made to him and them for the monies paid or advanced for the said purchase and that in such manner as both Houses of Parliament shall think fit And if it be required by the purchaser or purchasers or any of them their or any of their heirs or assignes one or more Acts of Parliament or Letters Patents under the great Seal of England by authority of Parliament shall hereafter passe or be made for the further assuring of the premises or any part of them unto such purchaser or purchasers their heirs or assigns requiring the same And be it further ordained that all Rents Revenues Issues and profits and all summe and summes of mony that shall be due or payable by vertue of this present Ordinance for sale of any of the premises shall be received by the said William Gibbs Alderman Thomas Noell and Francis Ash who are hereby constituted authorized and appointed to be Treasurers for the receiving issuing and paying out the same at Goldsmiths Hall or any other place where the Trustees or the major part of them shall from time to time think fit within the City of London and are hereby authorized and appointed to take and receive the subscriptions of every person or persons bodies Politique or Corporate that shall subscribe any summe or summes of mony for and towards the raising of the said two hundred thousand pounds intended to be lent And it is hereby ordained that the said Treasurers or any two of them shall be and are hereby authorized upon the receipts or certificates given by the former Treasurers Receivers or Collectors to any person or persons of what was formerly advanced by them in mony Plate Horse Furniture or Arms upon the publique faith or hath or shall bee assigned unto them by any others upon producing of the same to the said Treasurers or any two of them to ascertain their principall and interest and to give them receipts for the same As also for the new mony subscribed and payed by vertue of this present Ordinance in the name of the parties to whom the same is owing or so assigned which receipts given by the said Treasurers shall be a good and sufficient ground to such persons to whom the same shall be so given their Executors Administrators Successors and Assignes to require the summe and summes of mony therein mentioned And further that it shall and may be lawfull for every person and persons bodies Politique or Corporate who shall have any monies due to him or them by vertue of this present Ordinance to grant and assign the same unto any person or persons whatsoever and the same grant or assignment shall bee good and effectuall to all intents and purposes whatsoever and allowed of by all person and persons whatsoever to whom it shall appertain to make any allowance thereof as if he or they had lent the same themselves And if any person or persons shall wittingly or willingly produce any false or forged Acquittance or Certificate to the said Treasurers thereby to defraud the Common-wealth the person or persons so offending shall lose and forfeit his money lent towards the raising of the two hundred thousand pounds or any way due to him for readie-money Plate Horses Furniture and Arms lent or sent in by him upon the Publick faith or assigned unto him as aforesaid the benefit whereof shall be for the use and benefit of the Common-wealth And be it further ordered and ordained by the Authority aforesaid that every person or persons who shall subscribe as aforesaid and not bring in the money so by him or them subscribed within eight dayes after such subscription unto the Treasurers appointed by this present Ordinance for the receipt of the same shall lose and forfeit the money that shall be due unto him upon the Publick-faith unlesse he shall shew unto the said Trustees or the major part of them some reasonable cause to be by them allowed And be it further ordained that the said Treasurers hereby constituted and appointed for the receiving and issuing out of the said monie shall not issue or pay out any of the said summe of two hundred thousand pounds to be borrowed for the use of the Common-wealth as aforesaid but by Ordinance of both Houses of Parliament which Ordinance with the receipt of the party or parties to whom the monie is appointed to be payed shall be a good and sufficient discharge to the said Treasurers their Heirs Executors and Administrators and the said Treasurers shall not dispose disburse or pay any other summe or summes of monie that shall come to their treasury or be paid unto them out of the profits or by sale of any of the premises but by warrant of the said other Trustees or the major part of them who are hereby required to give no warrant for the disposing issuing or paying out of any summe or summes of monie that shall be received by vertue of this Ordinance but for the purposes in this Ordinance contained And if

contained truly and really lent set forth for the service of the Parliament or not and upon due examination made thereof the said Register Accomptant shall make true Certificate of all such Debts which he shall finde to be justly charged together with the Interest due for the same unto the Treasurer or Treasurers for the time being appointed by both Houses of Parliament for the receiving of the Monies which shall be advanced upon the foresaid security upon whose approbation or allowance the said Register Accomptant shall give due credit for the same upon Accompt that so it may plainly appeare how much and to whom the Parliament is indebted and when any Monies are paid or issued forth he shall also make the Parties receiving the same Debitor upon the same Accompt and performe all other requisite services appertaining to the said place And the said Lords and Commons taking into their considerations the faithfull and good service of Colonell Robert Manwairing doe hereby constitute and appoint him the said Colonell Robert Manwairing to be Register Accomptant of all and singular the Accompts and Registries which shall be kept of or concerning the Premisses to hold execute and injoy the same Office of Register Accomptant together with the yearely Fee of two hundred pounds Per Annum payable out of the Rents and proceede of the Bishops Lands by the hands of the Treasurers thereof for the time being on the five and twentieth day of March and the twenty ninth day of September halfe yearely by equall portions And for such Clerkes or under Officers as shal be imployed in and about the Premisses the same shall be approved of by the said Treasurers and receive such reasonable salary for their service as the said Treasurers shall from time to time thinke fit to allow And it is further Ordained That John Fowke Alderman of the City of London shall be Comptroller of all Entries Receipts and payments which shall be made to or by the said Treasurers and shall have Power and Authority by himselfe or his sufficient Deputies to keepe Accompt of all Entries Receipts Payments and Discompts whatsoever which shall be made unto or by the said Treasurers And the said Comptroller and his Deputies shall execute the said place of Comptroller in the Premisses according to the instructions hereafter mentioned and such other instructions as the said Comptroller shall from time to time receive from both Houses of Parliament And it is further hereby Ordained That the said John Fowke shall have for his salary the yeerly summe of two hundred pounds to be paid him quarterly by the said Treasurers who are hereby authorized and appointed to pay the same for which this present Ordinance with his receipt shall be their sufficient discharge And for the better securing of the principall Moneyes and the Interest herein mentioned Bee it Ordered and Ordained That the Excize and New Impost upon Commodities mentioned in the Ordinance of the eleventh of September one thousand sixe hundred forty and three or any Ordinance or Ordinances of this present Parliament made in explanation and continuance thereof shall be continued taken and put in due execution untill such time as all summes of Money payable by vertue of this present Ordinance shall be paid and satisfied And the payment of the said Moneyes to be due and payable by vertue of this Ordinance shall not be debarred put by or deferred from being paid out of the said Excize as aforesaid by any Order or Orders Ordinance or Ordinances of one or both Houses of Parliament or otherwise by the payment of any other or further summe or summes of money then the same was and is charged with upon the said twentieth of September last past except as is before excepted And the Commissioners of the said Excise and New Impost for the time being are hereby charged and required not to dispose or pay any Moneyes that they shall receive for the New Impost or Excise after the same shall be charged in course as aforesaid with the payment of any of the principall Money in this Ordinance contained untill such time as the same together with the interest and every part thereof then behind and unpaid shall be payed unto the person or persons bodies politique or corporate their Executors administrators Successors or Assignes to whom upon the Certificate of the said Treasurers as aforesaid the same shall be found due for any summe of Money that shall be lent for and towards the raising of the said two hundred thousand pound now to be raised and of the said summe of Money heretofore lent upon the Publique Faith which with the interest as aforesaid is to be payed by vertue of this present Ordinance And be it further Ordained by the Authority aforesaid That the said first recited Ordinance and this present Ordinance and every Article Clause and thing therein contained shall be pleadable and may be given in evidence in any of his Majesties Courts of Justice or other Courts and the Judges of all the said Courts are required to allow and admit the same And it is also Ordered and Ordained by the Authority aforesaid That if the Trustees or any of them shall require it on the behalfe of themselves or the lenders one or more Act or Acts of Parliament or Letters Patents under the great Seale of England shall be passed for their or any of their further security And it is lastly Ordained That this present Ordinance and the former recited Ordinances shall be printed and published in all Counties and other Cities Townes Corporate Parishes Townes Hamlets and other places where the said Trustees or the major part of them shall think fit And that the care of the true printing thereof is hereby referred to the said Trustees or the Major part of them Provided alwaies And be it Ordained by the said Lords and Commons That neither this Ordinance nor any Branch Clause Article or thing therein contained shall extend to the great Capitall Messuage with the appurtenances scituate in Chancery-Lane London commonly called or knowne by the name of Serjeants Inne in Chancery-Lane wherein the Judges and Serjeants of the Law have for a long time lodged and resided and still doe lodge and reside nor to any part of Lincolnes Inne in Chancery-Lane nor shall in any wise be prejudiciall or any disturbance to the quiet possession of the said Judges or Serjeants that now are or shall at any time hereafter reside and lodge in the said Messuage or to any of the Society of Lincolnes-Inne within Lincolnes-Inne aforesaid any thing in this present Ordinance contained to the contrary thereof in any wise notwithstanding but that the said Messuage and Lincolnes-Inne aforesaid with the appurtenances shall continue and be houses of lodging and residence to and for the said Judges and Sergeants and others of Lincolnes-Inne aforesaid and for their use and benefit in such manner as they have been used and accustomed at and under the yeerly Rents usually paid

AN ORDINANCE OF THE LORDS and COMMONS Assembled in PARLIAMENT For the selling of the Lands of all the Bishops in the Kingdome of England and Dominion of Wales for the service of the Common-wealth WITH The Instructions and names of all the Contractors and Trustees for the speedy execution of the same Corrected according to the Originall Die Lunae Novemb. 16. 1646. ORdered by the Lords assembled in Parliament that this Ordinance with the Instructions be forthwith printed and published John Brown Cler. Parliamentorum LONDON Printed for John Wright at the Kings-head in the Old Baily Novemb. 18. 1646. Die Lunae Novemb. 16. 1646. An Ordinance of the LORDS and COMMONs Assembled in Parliament for appointing the sale of the Bishops Lands for the use of the Common-wealth WHereas by an Ordinance of the Lords and Commons made the ninth of October one thousand six hundred forty six the name title stile and dignity of Archbishop of Canterbury Archbishop of Yorke Bishop of Winchester Bishop of Duresme and of all other Bishops of any Bishopricks within the Kingdome of England and Dominion of Wales from the fifth of September one thousand six hundred forty six is wholy abolished and taken away and all and every person and persons are disabled to hold the place function or stile of Archbishop or Bishop of any Church See or Diocesse within the Kingdome of England and Dominion of Wales by any Authority whatsoever And all Counties Palatine Honours Mannors Lands Tenements and Hereditaments and other the premises in the said Ordinance mentioned were and are vested and setled adjudged deemed to be in the reall and actuall possession and seisin of Thomas Adams Alderman then Lord Major of the City of London Sir John Wollastone Knight Sir George Clerke Knight John Langham Alderman John Fowke Alderman James Bunce Alderman William Gibs Alderman Samuel Avery Alderman Thomas Noell Christopher Packe John Bellamy Edward Hooker Thomas Arnold Richard Glyde William Hobson Francis Ashe John Babington Laurence Brumfield Alexander Jones John Jones Richard Venner Stephen Estwicke Robert Mead and James Story their heires and assignes upon trust and confidence that the said persons before named their heires and assignes should have and hold the premisses and every of them subject to such trust and confidence as both Houses of Parliament should appoint declare and dispose of the same and the rents and profits thereof as the said Houses should order and appoint And whereas the said Lords and Commons the thirteenth of October one thousand six hundred forty six have declared they intending to raise the sum of two hundred thousand pounds for the present service of the State that for the encouragement of such who should advance any summe for and towards the same and to the intent they might have notice thereof that every person who hath advanced any Money Plate or Horses with their furniture and arms upon the publique faith may for every summe of money he shall further lend for the advancement of the said summe be secured a like summe more out of the receipt of the grand Excise in course and the sale of the Bishops Lands except Advousons and Impropriations which shall first happen together with all the Interest after the rate of eight pounds per cent per annum to be paid every six Moneths out of the receipts of the Excise till principall and interest be fully discharged as for example if there be owing to any person a hundred pounds principall which with Interest due thereupon for three yeeres past will make a hundred twenty foure pounds he adventuring a hundred twenty foure pounds more may be secured for the whole two hundred forty eight pounds as aforesaid and so proportionably for a greater or lesser summe and according to the Interest due thereupon And for the more speedy reimbursing of the said money secured and lent for the purpose aforesaid that the said Lands of the Bishops except before excepted are estated and made over to such Feoffees for the speedy sale thereof and such Treasurers for the receipt of the moneys as may give satisfaction to the lenders And have thereby further declared that it shall and may be lawfull for any person or persons to assigne his right and interest in any summe or sums of money owing to him upon the publique faith as aforesaid to any person or persons that shall advance the like sum in manner as is before expressed And therefore for and towards the satisfying of the said two hundred thousand pounds to be raised or so much thereof as shall be raised and of such money as according to the said Declaration the said lenders are to be repaid for Money Plate Horses with their furniture and armes advanced upon the Publique faith with Interest for the same after the rate aforesaid The said Lords and Commons have declared and ordained and doe hereby declare and ordaine That the said Thomas Adams and other the persons before named and the Survivors and Survivor of them and the Heires of the Survivor of them shall stand and be seized of all and singular the said premisses so vested and setled in them their Heires and Assignes except Parsonages appropriate Tithes Tithes appropriate oblations obventions portions of Tithe Parsonages Viccariages Churches Chappels Advowsons Donatives Nominations Rights of Patronage and Presentation and shall take all the Rents Revenues issues and profits which were due and payable after the first of November one thousand six hundred forty six notwithstanding any Sequestration of the same all other the Rents Revenues Issues and Profits that shall at any time hereafter become due and payable for the said premisses or any part of them untill sale shall be made of the same to the uses intents and purposes herein and hereafter declared And be it ordained that the said Trustees or the Major part of them shall have Power and Authority and are hereby Authorised to take into their Assistance such Counsell Learned and to appoint such Stewards of Mannors and all other Officers and Persons as they or the Major part of them should hold fit and necessary for the putting of this Ordinance in Execution and to give such Fees and make such allowance to the said Councell Stewards of Mannors Officers and persons as they shall hold fit and necessary And to make Warrants to the Treasurers for the payment of the same who are hereby required to pay the same accordingly untill Sale shall be made of the premisses to the uses intents and purposes herein and hereafter declared as aforesaid That is to say that out of the Money raised by the Sale of the said Premisses or any part of them that shall be sold and out of the said Rents Revenues Issues and Profits of the said premisses or any part of them there shall be paid and satisfied the severall summes of Money with Interest at the rate aforesaid that by this present Ordinance are or are intended to be paid and satisfied together with all

Charges to be paid or borne for or by reason of the Execution of the trust in them reposed and after the full and due payment of the same that they their Heires Executors and Administrators respectively shall stand seized and possessed of such of the said Counties Palatine Honnors Mannors Lands and Premisses remaining unsold And of the Moneys raised by Sale of the Premisses or of any part of them remaining undisposed for the use and benefit of the Common-wealth as shall be limited and appointed by both Howses of Parliament And be it also ordered and ordained by the Authority aforesaid that Iohn Blackwell senior of Moreclacke in the County of Surrey Esquire Sir William Roberts of Wisden in the County of Middlesex Knight Alderman Vyner Colonell Richard Turner Iames Russell William Methold Thomas Ayres of London Esquire William Prinne of Lincolnes Inne Esquire Robert Fenwicke of London Esquire Timothy Middleton of Standsteed in the County of Essex Esquire Edward Cresset of London Esquire shall have full Power and Authority and hereby have full Power and Authority to Treat Contract and Agree with any person or persons for the Sale of the said premisses or any of them in such manner as is hereafter limited And that the said Iohn Blackwell and other the said persons last before named shall receive of the Tresurers herein named two pence in the pound for every summe that shall be paid to the said Tresurers upon all and every such Contract and Contracts for the Sale of the premisses or any part thereof And that the said Trustees or any five of them shall have full power and are hereby required to convey the premisses or any part thereof by Bargaine and Sale Inrolled according to the Statute or otherwise by any good sufficient Conveyance and Assureance in the Law to any person or persons whatsoever according to such Contract or Contracts as shall be made by the said Contractors or any six or more of them and entred and certified to the said Trustees as aforesaid by the Register herein or hereafter to be named by both Houses of Parliament And the Money that shall be raised by the Sale thereof to be imployed according to the trusts and directions herein declared And that all Bargaines of Sale Conveyances and Assurances made of any Estate or Estates in Fee-simple according to such contracts as shall be agreed upon between the Purchasors and the said Contractors before named shall be good and effectuall in Law And be it likewise ordained that none of the said Trustees shall be Contractors nor none of the Contractors nor any of them nor any other to their or either of their use or uses or in trust for them or any of them directly or indirectly shall or doe purchase the said Lands or any part of them And if any Contractors or any in trust for them or any of them shall buy any Lands contrary to this Ordiance he or they shall forfeit the estate and money paid so for it And every purchasor of any part of the premisses his Heires and Assignes shall have hold and enjoy the premisses that shall be by him purchased discharged of all trusts accompts whereunto the said Trustees are or may be lyable by vertue of this present or the said recited Ordinance And of all Suites and Questions that may arise or be moved upon pretence of sale at under values or upon pretence that the sums by this Ordinance intended to be payed were satisfied before such sale made and all other claimes and demands whatsoever saving the Rents and Interests saved by the said recited Ordinance and of all incumbrances made by the said Trustees or by any clayming under them or any of them And for the discharge of the Trustees and contractors It is further declared and ordained by the authority aforesaid That all and every the said Trustees and contractors shall be and are hereby discharged and saved harmelesse for whatsoever they or any one or more of them shall doe in pursuance of this Ordinance And that if any action shall be brought against them or any of them for any Act done by them or any of them in execution of this Ordinance or Instructions herein mentioned then they are hereby inabled to plead the generall issue and to give this Ordinance in evidence and if a judgement passe for them they shall recover double costs And it is further ordained and declared that the said Lordships Mannors Lands Tenements and Hereditaments vested in the said Trustees by the said Ordinance of Parliament intituled An Ordinance of Parliament for the abolishing of Archbishops and Bishops within the Kingdome of England and Dominion of Wales and for setling of their Lands and Possessions upon Trustees for the use of the Common-Wealth shall not be lyable unto but stand and shall bee free and discharged of and from all and all manner of Statutes Judgements Recognizances Dowers Joyntures And other Acts and Incumbrances whatsoever had made done or suffered or to be had made done or suffered by from or under the said Trustees other then such conveyances and assurances as shall be by them had made done or suffered in performance or pursuance of the sales and contracts by them to be respectively made according to the intent of this present Ordinance and saving unto all and every person and persons bodies politique and Corporate their Heires Successors Executors and Administrators all such Right Title and Interest as by the said Ordinance intituled An Ordinance of Parliament for the abolishing of Archbishops and Bishops within the Kingdome of England and Dominion of Wales and for setling of their Lands and Possessions upon Trustees for the use of the Common-Wealth is or are thereby saved Provided and it is further declared and ordained That whereas the late Bishop of Durham and other his predecessors Bishops of Durham have hitherto exercised and enjoyed as Count Palatines sundry great Franchises Liberties and Jurisdictions commonly esteemed and called Jura Regalia that this Ordinance nor any thing therein contained extend not nor be construed to extend to give power or authority to the persons herein named or any of them to sell dispose or any way to contract for the said Jura Regalia belonging unto the said Bishop or his predecessors as Counts Palatine or any of them but that the same shall remaine in the said Trustees named in a late Ordinance intituled An Ordinance for the abolishing of Archbishops and Bishops within the Kingdome of England and Dominion of Wales and for setling their Lands and Possessions upon Trustees for the use of the Common-Wealth to be disposed of as both Houses of Parliament shall thinke fit and appoint any thing in this present Ordinance to the contrary thereof contained in any wise notwithstanding Provided alwayes and it is further declared and Ordained That whereas the late Bishop of Ely and other his predecessors Bishops of Ely have hitherto exercised and enjoyed sundry great Franchises Liberties and