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A74538 An ordinance for further doubling upon and finishing the sale of Deans, Deans & Chapters lands, and of mannors of rectories, gleablands, &c. Thursday May. 4. 1654.; Orders in Council. 1654-05-04. England and Wales. Lord Protector (1653-1658 : O. Cromwell); England and Wales. Council of State. aut 1654 (1654) Thomason E1064_1; ESTC R210156 7,048 16

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AN ORDINANCE FOR Further Doubling upon AND Finishing the SALE OF Deans Deans Chapters LANDS And of Mannors of Rectories Gleab-lands c. Thursday May 4. 1654. ORdered by his Highness the Lord Protector and His Council That this Ordinance be forthwith Printed and Published Henry Scobell Clerk of the Council London Printed by William du-Gard and Henry Hills Printers to His Highness the Lord Protector 1654. AN ORDINANCE FOR Further doubling upon and finishing the sale of Deans Deans and Chapters Lands and of Mannors of Rectories Gleab-Lands c. Whereas by one Act of Parlament entituled An Act for sale of the Mannors of Rectories and glebe-Glebe-lands late belonging to Arch Bishops Bishops Deans Deans and Chapters It is enacted and Declared That all Mannors of Rectories impropriate Messuages Tenements Gleab-lands Pastures Meadows Marshes belonging to any Rectorie impropriate and Fee-farm Rents issuing out of Mannors or Rectories impropriate jointly or severally charged therewith late belonging or appertaining to any Rectorie impropriate Parsonage Church Chappel or Donative late appertaining or belonging to any Arch-Bishop Bishop Dean Dean and Chapter Prebend or other person or persons or bodies Politique mentioned in one Ordinance of the ninth of December 1646. Entituled An Ordinance of this present Parlament for abolishing of Arch-Bishops and Bishops within the Common-wealth of England and Dominion of Wales and for settling their Lands and Possessions upon Trustees for the use of the Common-wealth And in one Act of Parlament Entituled An Act of the Commons of England in Parlament assembled for the abolishing of Deans Deans and Chapters Canons Prebends and other offices and titles of or belonging to any Cathedral or Collegiate Church or Chappel within England and Wales to be abolished in right of his or their said Office or function should be and were settled in the full seison and possession of the respective Trustees in the said Ordinance and Act named their Heirs and Assigns And the said respective Trustees in the said Ordinance and Act named were authorized required to contract bargain sell alien and conveigh all and every the Premisses and to execute all powers and authorities in sale thereof as they might have done in the sale of any Honors Mannors or Lands in the said Ordinance and Act mentioned And whereas likewise by one other Act Entituled An Additional Act for the more speedy effecting of the Sale of the Mannors of Rectories and glebe-Glebe-lands late belonging to the Arch-Bishops Bishops Deans Deans and Chapters c. and for the better incouragement of Lenders upon the securitie thereof and of other Lands and Hereditaments of the said Deans and Chapters The Parlament did enact and declare that all and singular the Honors Mannors Lands Tenements and Hereditaments which by the said Act for abolishing of Deans Deans and Chapters c. were exposed to sale and not contracted for before the five and twentieth day of October One thousand six hundred and fiftie other then such as by the said last recived Act were reserved from sale should bee and were thereby declared to bee part of the securitie for the one hundred and twentie thousand pounds which by the said forerecited Act was to bee borrowed should extend to secure as well the debts principal and interest which should bee doubled as for the moneys which should bee advanced and paid in to double the same and the interest from the time of doubling until the payment And that if the Mannors Lands Tenements and hereditaments by the said Act for abolishing of Deans Deans and Chapters c. exposed to sale so contracted for before the five and twentieth day of October One thousand six hundred and fiftie should according to the rates at which the same were contracted for amount unto a greater value than the moneys debts and other charges which before the second day of October One thousand six hundred and fiftie were charged upon the same or to bee satisfied thereby and it should bee so declared by the Committee for obstructions That in such case the overplus of the value of the premisses so contracted for should also bee and should bee accounted as part of the securitie for the said moneys And it was also Enacted and Ordeined that the Trustees in whom the same premisses so intended for securitie were respectively vested and their heirs respectively should stand seized thereof and of the Rents issues and profits thereof until sale And of the moneys which should bee raised by the sale thereof unto and for the uses following viz. for the payment of the moneys and debts which should bee owing upon the securitie of the said premisses and all salaries and incident charges and the remainder thereof to the use of the Common-Wealth in such manner as the Parlament should appoint And that all and every the said Rents issues and profits of the premisses and moneys to bee raised by the sale thereof should bee paid and issued out to the purposes aforesaid by the Treasurers thereof according to such warrant as they should receive from the Trustees for Deans Deans and Chapters lands or any five or more of them in that behalf And whereas by the said last recited Act all and every the premisses so appointed for securitie as aforesaid were appointed to bee sold and were absolutely disposed unto the said respective Trustees for that purpose as well for satisfying the moneys upon the said Securitie and for raising of moneys for the Service of the Common Wealth as also to put a full end unto that business and the charge of Officers and others employed therein And whereas nevertheless som part of the Premisses yet remaineth unsold there being so much already contracted for as is sufficient to satisfie all the Moneys due upon the former Securities And whereas also former Contracts could not bee so exactly setled as to the precise summes by differing Securities respectively charged upon the Revenue of the said Deans Deans and Chapters and other the Premisses aforesaid whereby som sort of Debts to which the said Premisses are lyable are more then provided for to a considerable value and the rest not applicable to satisfie such overplus which doth tend to the disadvantage both of particular Persons and also of the Common-Wealth by retarding the whole work To the end therefore a speedy end may bee put to the said Sale and the Common-Wealth eased of the burthen and charge thereof Bee it Ordained by his highness the Lord Protector by and with the consent of his Council and it is Ordained by the Authority aforesaid That over and above the summe of three hundred thousand pounds appointed to bee borrowed upon the Securitie held forth by the first recited Act and over and above the summe of one hundred and twenty thousand pounds more borrowed upon the Securitie held forth in the two last recited Acts or either of them the summe of twenty thousand pounds shall bee further borrowed upon the Securitie of such of the Premisses respectively exposed to
sale by the said Acts or either of them in such sort as is hereafter expressed by way of doubling the like summe as shall bee due to any person or persons Body politick or Corporate for any Money Plate Norl Arms or other thing advanced upon the Publick Faith or which hath been at any time allowed by any Act or Ordinance of Parlament to bee doubled as Publick Faith together with Interest upon such Publick Faith Debts after the rate of eight pounds in the hundred by the year untill the stating of such Debts and Interest by the Persons named and appointed in and by an Act of Parlament Entituled An Additional Act for sale of several Lands and Estates forfeited to the Common-wealth for Treason to bee Register Accomptant or any of them which the said Persons or any of them are hereby authorized to state accordingly And after the stating of such Debts and Interest and doubling thereof the respective Creditors to bee allowed onely six pounds in the hundred by the year for the whole of such doubled Publick Faith Debts untill the payment thereof or defalcation upon purchase In relation to which doubling intended by this Ordinance the Trustees Treasurers Register and Accomptant and all other officers concerned therein are hereby authorized and required to proceed according to the directions of the Acts of Parlament in like case made and provided save onely as to what is hereby altered restrictive to the debts and to allowance of interest as aforesaid and all and every person and persons bodie politick and corporate to whom any debts capable of doubling within this present Ordinance shall bee due and his and their respective assigns and all persons doubling such debts and their respective assigns shall have all and the like liberties privileges benefits and advantages respectively in reference to the premisses as any such person or persons bodies politick or corporate their or any of their assigns might or ought to have had by the aforesaid recited Acts or either of them save onely what is hereby altered with restriction to debts and interests as aforesaid and all and every person and persons who shall have their debts and interests stated as aforesaid shall pay into the Treasurers named in the said Act for sale of the said Mannors of Rectories or one of them the money wherewith he or they ought to double within ten dayes next after Certificate thereof to the Treasurers or otherwise shall lose his or their Publick Faith debts unless hee or they shall shew good cause to the Treasurers or any one of them for his or their faller therein And bee it further Ordeined that both the Certificates or Receipts to bee given by the said Treasurers or one of them for moneys to bee doubled upon the securitie held forth by this present Ordinance as also all Certificates Receipts or Bills for moneys or debts doubled or transferred upon the securities held forth by any the Acts aforesaid which were defalke able in payment for any purchase made within the same former Acts or any of them shall be and are herby made to be defalkeable in payment in manner and form following That is to say the Certificates or Receipts for moneys to bee doubled upon the securitie held forth by this present Ordinance shall bee defalkeable in payment for both moities of the purchase moneys payable for any part of the premisses which yet remain uncontracted for and in payment for all second moities payable upon contracts made of any the said premisses at any time before the passing of this Ordinance And the Certificates Receipts or Bils for moneys doubled or transferred upon the securities held forth by any the said Acts shall bee equally and alike defalkeable for any or both moities of the purchase money payable for any the premisses exposed to sale by any the former Acts either contracted or uncontracted for And the Treasurers and all other officers concerned therein are hereby authorized and required to admit and allow thereof accordingly Provided that all defalkations to bee made by virtue of this Ordinance for moneys due upon any the Certificates Receipts or Bills aforesaid shall bee of one distinct accompt as to the whole or any moitie of the purchase money for which they shall bee so defalked Provided also that where any purchaser or purchasers his or their Assign or Assigns shall tender any Bills or Receipts by this Ordinance made applicable for payment of any second Moity other then such Bills or Receipts as by his or their Contract ought to have been applied thereunto the party or parties so tendring such Bills or Receipts shall defalk so much more in value as shall countervail the Interest incurred by his or their elapsed time For which second Moities as also for defalcations as aforesaid the said Treasurers or one of them are hereby authorized to give such Purchaser his or their Receipt or Acquittance and re-Conveyance accordingly And bee it further Ordained and declared by the Authoritie aforesaid That where any present Estate of or in any the Lands or possessions of the late Arch Bishops Bishops Deans Deans and Chapters Cannons Prevends and other the persons aforesaid shall bee doubtfully returned upon any Survey either as to the Certain being or Legality of any Leas or Copy of Court Roll. or any Life or Lives upon any Leas or Copy of Court Roll the Temant or Tennants claiming such Leas Copy or Estate shall as to the Lands already Surveyed before the first day of July one thousand six hundred fiftie and four and as to the Lands unsurveyed within three moneths next after the respective Returns of the Surveys thereof to the respective Registers for sale of the premisses make proof of his or their Estate or Estates before the Commissioners for removing of Obstructions and procure their Order for Allowance thereof or otherwise shall bee for ever barred and excluded from any benefit or advantage thereby Provided nevertheless That the Power given by the former Acts to the Surveyor General as also the Power given by Ordinance of Parlament to the Contractors for sale of Bishops Lands for allowance of any estates made good by proof before them respectively within forty days next after the return of the Survey of any of the premisses bee not any wayes impeached And provided also that the power given or transferred to the Commissioners for removing of Obstructions by any Ordinance or act of Parlament for allowance of Estates bee not any wayes hereby enlarged And bee it further Ordained That any two Surveyors Commissionated by the respective Trustees for sale of the Premisses shall have like power to all intents and purposes as is given to any three or more Surveyors so Commissionated by the Ordinance for sale of Bishops Lands And that for the perfecting of any Surveys already returned or which shall bee returned imperfect where the Charge of a re-survey in regard of the small value of the Lands remoteness of their situation or otherwise
may bee conceived too great for the Common wealth to bear it shall bee in every such case in the power of William Webb Esquire Surveyor General to inform himself by the best means and wayes hee can touching the premisses either by oath or otherwise which Oath hee is hereby authorized to administer and upon such Information had and by him communicated to the respective Contractors or any three or more of them hee shall and may by and with their advice amend and perfect any such Survey accordingly And bee it further Ordained by the Authority aforesaid That in case any person or persons who hold in his or their possession or tenure any of the lands tenements and hereditaments of the late Arch-Bishops Bishops Deans Deans and Chapters Cannons Prevends c. which by this present Ordinance or any Ordinance or former Act of Parlament are exposed to sale and yet undiscovered and which are or ought to bee in the present possession of the respective Trustees for the use of the Common-wealth shall make the first discoverie thereof to the Surveyor General before named every such person or persons desiring the same shall bee admitted the preemption of all such lands rents duties and payments by him or them discovered at the lowest rates the respective Contractors are enabled to sell the same for by any Act or Ordinance of Parlament in that behalf And where any person or persons possessed of any the lands or premisses aforesaid yet undiscovered by virtue of any Leas or Copie of Court-roll dated before the first of December One thousand six hundred fourty one granted by any who had power to make or grant the same shall before the said first day of July bring or send in a true Copie of his or their Leas or Leases Copie or Copies of Court-roll to the said Surveyor general that a Survey may bee had of the premisses every such person coming in within thirtie days next after the Return of any such survey shall bee admitted to the preemption of the reversion of his Leas or Copie with the present Rent incident thereunto at the lowest rates the respective contractors are enabled to sell as aforesaid And in case of his or their neglect to bring or send in such true copie or copies before the said first day of July all and every such person and persons shall forfeit and lose his or their present estate by Leas or Copie and any person or persons who afterwards shall discover the same shall have and bee admitted to the preemption of the present possession of such Lands and have the same conveyed to him or them or to whomsoever hee or they shall nominate and to his or their heirs and assigns at the like lowest rates the Contractors are enabled to sell as aforesaid any claus in this Ordinance or any former Act or Ordinance of Parlament to the contrarie notwithstanding And bee it further Ordeined by the Authoritie aforesaid That Sir William Roberts Knight John Blackwell the Elder James Russell Timothy Midleton Robert Fenwicke Thomas Aires and Edward Cresset Esquires Contractors named with others in an Ordinance of the Lords and Commons assembled in Parlament of the sixteenth of November One thousand six hundred fortie six appointing the sale of the Lands and Possessions of the late Arch-bishops and Bishops for the use of the Common-Wealth or any three or more of them bee and are hereby authorized to do use exercise perform and execute all and every the Act and Acts Authorities Powers and things relating aswell to the sale of the said Lands and possessions as to the sale of the Mannors of Rectories and Glebe Lands c. lately belonging to the said Arch-bishops and Bishops which any six or more of the Contractors named in the said Ordinance by virtue thereof or any five or more of them by virtue of the former recited Act for sale of the Mannors of Rectories or by virtue of any additional Ordinances or Acts of Parlament concerning the sale of the premisses respectively may might or ought to have don used exercised performed or executed to all Intents Constructions and purposes And it is also further Ordeined That the respective Trustees Contractors Treasurers Register Accomptant Surveyor General and all other Officers attending the Sale of the Premisses and every of them bee hereby authorized and required in all things relating to the putting of this Ordinance in execution other than such as are hereby altered or otherwise directed to pursue the directions of the former Acts and Ordinances respectively concerning the same And for the more proper issuing out of the Rents Issues and profits of the premisses together with the moneys ariseing by the Sale thereof It is further Ordeined by the Authoritie aforesaid That the Trustees for Sale of Bishops Lands shall have power and are hereby impowred to make warrants to the Treasurers for the Sale of the Mannors of Rectories Glebs c. or one of them for the payment of such incident charges as have or shall arise upon the Sale of the Mannors of Rectories Glebes c. belonging to the late Arch-bishops and Bishops onely And the said Treasurers are hereby required to pay and discharge the said warrants from time to time accordingly Any thing in any former Act to the Contrary hereof notwithstanding and also that the Treasurers appointed by this Ordinance to Receiv such moneys as shall bee doubled hereon shall not issue forth any part of the Twentie thousand pounds hereby appointed to bee doubled but by and in such manner as his highness with the advice and consent of the Council shall direct Provided that this Ordinance nor any thing therin conteined shal not extend to impower the respective Treasurers to grant any further or greater allowance to any persons imployed or to bee imployed in the perfecting of this work then what hath been heretofore allowed unto them or any of them or to others in their places respectively And bee it moreover Ordeined by the Authority aforesaid That James Noêl shall bee Treasurer in the Room of Alderman Thomas Noēl late deceased in relation to all moneys heretofore doubled at Weavers-Hall upon the securitie of Bishops Lands c. who is hereby impowred and required to execute perform all and every such powers and authorities and duties relateing to the discharge of his place as the said Thomas Noēl by virtue of any former Ordinance or Act of Parlament might have don Tuesday 4th May 1654. ORdered by His Highness the Lord PROTECTOR and his Council That this Ordinance bee forthwith Printed and published Hen. Scobell Clerk of the Council