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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

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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
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
any Warrant shall be made for any other purpose the same shall be void And be it further ordained by the authority aforesaid That as the said Treasurers shall receive ready monies by sale of the premises or by receipt of the rents and profits of the same deducting charges and allowances they shall pay and divide the same to the lenders one fourth part of their whole debt that shall be owing to them in course as they did pay their monie with the interest then due and so from time to time till the whole be payed Provided alwayes and it is hereby declared that it shall and may be lawfull for every lender or lenders who shall become a purchaser of any part of the said premises to defalk or retain any monie that shall be due unto him by vertue of this present Ordinance upon every purchase that he or they shall make if the summe by him lent shall not exceed the value of the purchase or so much thereof as the same shall amount unto And the said Treasurers shall allow the same accordingly And be it further ordained that the said Treasurers shall keep true and perfect books of accounts of all their receipts disbursments and payments and shall give their accounts to the Committee for taking the accounts of the whole Kingdome for the time being who are hereby required to take the same every six moneths and thereupon to give just discharges to the said Treasurers And after such discharges the said Treasurers their Heirs Executors and Administrators shall not be further questioned for or concerning any of the matters for which they have had and received such discharges And further the said Treasurers shall have deducted and paid unto them the summe of one penny in the pound for all monies by them to be received and paid And to the intent that according to the true meaning of the said first recited Ordinance the true contents and value of all and singular the premises may be known and the best benefit and advantage of them may be made for the use and benefit of the Commonwealth Be it ordained by the Authority aforesaid that Hen. Elsynge Esq Clerk of the House of Commons shall be Register and Keeper of and shall have the custody and keeping of all Records Charters Evidences Court-Rolls Leiger-books Writings Books of Survey Rentals Certificates and other things of or concerning the Lands and Possessions of the late Archbishops and Bishops or concerning any the Counties-Palatine Honours Manours Castles Lands Tenements Hereditaments or other the premises in the above recited Ordinance and herein mentioned And that all and every the Surveyors of the Premises shall make their Returns of all and every their respective Surveyes by them taken from time to time to the said Henry Elsynge who shall make Entry of all such Surveyes Certificates and other proceedings as shall from time to time be returned or certified by the said Surveyor or Surveyors of the Premises And shall also make forth Rate and Signe all and every particular and particulars of the Premises or any part thereof whereupon any Contract or Contracts for Sale or otherwise shall or is to be had or made And all and every the said Contractors shall certifie all Contracts so by them or any of them made to the said Henry Elsynge accordingly who shall make Entry of all and every such Contract and Contracts and other proceedings thereupon Every which said particular and particulars of the premises so to be made forth under the hand of the said Henry Elsynge shall be from time to time a good and sufficient Authority to and for the said Contractors or any six or more of them to contract agree or proceed thereupon To have hold execute and enjoy the said office or place of Register and Keeper by himself or his sufficient Deputy together with the yearly Fee of One hundred pounds per annum payable out of the Receipts Rents and Revenues arising out of the Premises by the hands of the Treasurers herein before mentioned on the Five and twentieth day of March the Foure and twentieth day of Iune the Nine and twentieth day of September and the Five and twentieth day of December Quarterly by equal portions and other reasonable Fees for writing rating and signing of the said particulars and otherwise in the execution and discharge of the said Place Provided that the said Register and Keeper shall have but Three pence the sheet of all things that are to be copied and to write Fifteen lines in each sheet Which said yearly Fee of One hundred pounds the said Treasurers are hereby required and authorised to pay accordingly and that the Acquittance of the said Henry Elsynge shall be a good Discharge to the said Treasurers and every of them for the payment thereof as aforesaid And it is hereby further Ordered and Ordained by the Authority aforesaid That the said Trustees or the major part of them the Survivors of them or the major part of them their Survivors and the Heires of the said Survivors shall and may from time to time nominate and appoint under their hands and seals respectively so many persons as they shall think fit to be Surveyors for the putting of this Ordinance in execution touching the surveying of the Premises Who shall have power to go into all and every the Counties Cities and Places within the Kingdom of England and Dominion of Wales or into so many of them as shall be thought fit And it is further ordained by the authority aforesaid that the said Surveyors or other persons to be authorized as aforesaid or any three or more of them shall have full power and authority to enter into and survey all or any of the premises or any part thereof and they or any three or more of them shall also have full power and authority as well by the Oaths ' of good and lawfull men as by all other good and lawfull waies and meanes to inquire and finde out what County Palatine Honours Manours Lordships Granges Messuages Lands Tenements Medows Leasaws Pastures Woods Rents Reversions Services Parks Annuities and other possessions priviledges liberties immunities and hereditaments whatsoever of what nature or quality soever the● be lying or being within every such county or City as aforesaid did at any time belong or appertain unto all every or any such Archbishops or Bishops in right of Archbishopricks Bishopricks Dignities or places respectively or to any other person or persons in trust for them or any of them as aforesaid in right of the said Archbishopricks and Bishopricks and what and how much of the same is in possession and the true yearely value thereof and what and how much thereof is in Lease and for what estate and when and how determinable when such Leases or Estate was made and whether antidated and what Rents Services and other duties are reserved and payable during such Estate or issuing out of the same As also what Rents Pensions Charges or