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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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for the same for the time that the said Rents are to continue by any Leases now in being And that the said Trustees appointed by Order of Parliament for the Bishops Lands and the Surviver and Survivers of them their Heires and Assignes shall dispose of the said Messuage with the appurtenances from time to time as by the said Judges and Serjeants for the time being shall be directed and appointed saving to all and every person and persons other then the said Bishops and their Successors all such Right Title and Interest as they or any of them have or ought to have to and in the premises Provided further and be it Ordained That the said Serjeants Inne shall be in the disposing of both Houses of Parliament after the expiration of any Lease now in being saving to all and every person and persons other then the said Bishops and their Successors all such Right Title and Interest as they or any of them have or ought to have to and in the premises Provided alwaies that this Ordinance shall not extend to the puting out of any Stewards of any Liberties or Courts formerly appointed and made by vertue of any Ordinance of Parliament but that they shall continue and be during such time as the said Liberties and Courts shall remaine and be in the hands of the aforesaid Trustees and that they shall have and receive all such Fees Profits and allowances as formerly were allowed them this Ordinance or any other Ordinance Act or thing to the contrary notwithstanding Instructions for a Comptroll upon the Accompts of all Moneyes to be received and payed by or to the Treasurers appointed by this present Ordinance I. THat the Comptroller by himselfe or his sufficient Deputies attend daily according to the usuall times and be present at all Receipts and Payments made within the said Treasurers Office and make Duplicates or Entries of the same in fitting Bookes to be provided and kept for that purpose II. That every Tenant of the Premisses or any part thereof and every Purchasor of the Premisses or any part thereof upon every payment of any summe of Moneyes that he shall make to the Treasurer shall enter his acquittance with the Comptroller which the Comptroller shall enter without fee III. That the said Treasurers or their Clerke to the Cash shall weekly upon every Monday morning deliver the Comptroller or his Deputy a Copy of all Receipts Payments and disbursements and to whom during the preceding weeke which the Comptroller is hereby required to enter in a booke to be kept for that purpose and that no payment to be made by the said Treasurers shall be allowed upon their Accompt unlesse an Accompt thereof be weekly given as aforesaid IIII. That the Register shall weekly from time to time make Certificate to the Comptroller of all Rents and of all rates of particulars and of all Moneyes payable upon any such Particulars Contracts or Bargaines made by vertue of this Ordinance which shall be forborne upon security and how and by whom the same is secured and at what time payable which certificate the Comptroller shall enter in a Booke to be by him kept for that purpose Instructions for Contractors for the sale of the late Archbishops and Bishops lands THat the Contractors shall be sworne before the Trustees or any three of them according to their best skill and knowledge faithfully to discharge the trust committed to them and that they shall not for favour affection reward or hope of reward breake the same trust which said Trustees or any three of them are hereby authorized to administer the said Oath accordingly That the Demesne Lands of the late Arch-Bishops and Bishops in possession shall not be sold under ten yeares purchase of the full values they were at in the yeare 1641. The same rule to be observed proportionably in the sale of Reversions expectant upon Estates for lives or yeares That the due respect to be had by the Contractors to the immediate Tenants of any of the late Arch-Bishops or Bishops shall be in admitting them to the pre-emption of those Mannours Lands Tenements and Hereditaments wherein they have any interest so as the said Tenants doe come within thirty daies after the returne of the Certificates by the Surveyors and agree to Purchase the same and in case they doe not agree within the said thirty daies that then the Contractors doe sell the same to any other Person or Persons that shall desire to purchase them so as such sale be made at a higher rate then was offered by the said Tenants That upon the sealing of the Assurance the Purchasor shall pay halfe his Purchase money downe and the other halfe within six Moneths and for the last payment the Contractors shall take care that they take good security either by the Land it selfe or else by Personall security The same security to be given to the Treasurers That in all cases where any Person or Persons that have lent any Monies upon this Ordinance shall be Purchasors their monies so lent shall be esteemed as so much paid towards their Purchase if it exceed not the moiety of the Purchase money and for what exceeds the moiety that every such Purchasor shall be allowed Interest for it untill the end of six Moneths wherein the remainder or totall of the Purchase money is to be paid Instructions for the Surveyors of the late Arch-Bishops and Bishops Lands which are to be surveyed THat the Trustees as aforesaid shall have power to nominate one two three or more Surveyors to survey the Premisses or any part of them as they shall thinke fit and that the surveyes and returnes made by any such one two three or more Surveyors shall be good and effectuall to be proceeded upon notwithstanding any Clause in any Ordinance of Parliament to the contrary That the Surveyor or Surveyors appointed or to be appointed by the Trustees shall survey and inquire what Timber buildings open Quarries or Mines are upon any of the Premisses and certifie the condition and values thereof That no Surveyor or any his Childe or Children or any in trust for him or them shall be admitted to be a Purchaser of any part of the Lands surveyed or to be surveyed by himselfe upon paine of losing his or their Purchase Money and the Purchase to be void Provided that nothing in the Instructions Oath or in this present Ordinance shall be construed to compell the Surveyors to make any admeasurement of the Land or any particular Survey of the number of Acres unlesse they i● their discretion shall thinke fit the intention of the Houses being That the said Surveyors should make a speedy returne of their severall surveyes to the end that a speedy sale may be made thereupon Instructions to be observed by the REGISTER I. THat he do receive all Surveyes and Certificates to be returned by the Surveyors and immediately after the receipt thereof fairely enter and Register the same in Books to
other summes of mony are issuing due or payable out of the premises or any part thereof And what Lands or premises are subject or chargeable to and with any good pious and charitable use or uses and the certainty of the same and to make one or more exact and particular survey or surveyes and certificates of their proceedings which certificate and surveyes shall be recorded and all Charters Evidences Court-rolls and other writings belonging to all or any the Archbishops Bishops Archbishopricks or Bishopricks or concerning any of the Counties Palatine Honours Manours Castles Lands Tenements Hereditaments or any other the premises before mentioned shall be kept in such place in London or Westminster as the said Trustees or the major part of them shall think fit and appoint And that the said Surveyours or any three or more of them shall have power and authority so often as they shall be thereunto appointed by the said Trustees or the major part of them to keep Courts of Survey within any of the Counties-Palatine Honours Mannors and Premises And to call before them any of the Tenants or other persons whom they shall conceive to have any interest in any of the Premises to shew their Writings and Evidences and discover what right title or interest they o● any of them have or may claim of into or out of the same or any part thereof And also to examine by oath or otherwise any person or persons other then such as have or claim to have interest or title therein for or concerning the discovery of the Contents Metes Bounds Extents Titles Rents Improvements Valuations and Jurisdictions of all or any of the Premises And for the discovering of any Records Evidences Writings or Memorandums concerning the same and that as well the said Trustees or any three of them as the said severall Surveyours so authorized or any three or more of them as aforesaid are hereby authorized to administer an Oath concerning the Premises to any person or persons other then such as have or claime to have interest or title concerning such the Premises as shall be in question And also to commit to prison any person or persons other then such as have or claim to have any interest or title as aforesaid that shall refuse to take such an Oath or discover his knowledge concerning the estate title or evidences of any the lands hereby intended to bee sold and disposed of or refuse to deliver such evidences and Writings concerning the same which are in his custody or power and doe not concerne the maintenance or defence of his interest or such rents or profits as hee had title unto And all Justices of Peace Sheriffs Mayors Bayliffs and other persons are hereby required to be aiding and assisting to the said Surveyours or any of them in the executing of this Ordinance provided that it shall not extend to the imprisoning of any Peere of this Realme And be it further Ordered and Ordained by the authority aforesaid That the Commissioners of Excise and new Impost for the time being are hereby charged and required upon the Certificate of the said Treasurers certifying what summe or summes of money are due and payable to any Person or Persons bodies Politick or Corporate by vertue of this present Ordinance to pay interest after the rate of eight pounds in the hundred for the same to every such Person or Persons bodies Politicke and Corporate their Executors Administrators Successors or Assignes at the end of every six Moneths during the time that the said summe and summes of money or any part thereof shall remaine unpaid which Certificate the said Treasurers are hereby Authorized and required to make accordingly And in case the whole two hundred thousand pounds or so much thereof as shall be lent and the interest thereof and such other summe and summes as are payable by this present Ordinance for Money Plate Horses with furniture and Armes formerly advanced with the interest thereof shall not be satisfied by the Treasurers aforesaid before all summes of Money charged upon the said Excise or new Impost by vertue of any Ordinance of both Houses of Parliament made before the twentieth day of September last except the two Ordinances of Parliament for ten thousand pounds and foure hundred pounds for the Widowes shall be by the said Commissioners of Excise payed and satisfied that then the said Commissioners of Excise upon the like Certificate from the said Treasurers as aforesaid shall be and are hereby charged and chargeable to pay the same with interest as aforesaid or so much thereof as shall be then due and unpaid and shall begin to pay the same when they have in ready money one fourth part of the whole Debt that shall be owing to the Lenders in course as they did pay their money with the interest then due and so continue untill the whole money hereby secured to be paid and then unpaid shall be fully payed and satisfied in such manner as the Treasurers before mentioned were appointed to pay the same and the said Certificates of the said Treasurers with the Receipt of the respective Lenders shall be a good discharge to the said Commissioners of Excise and every of them for their payment of any summe or summes of money by vertue of this present Ordinance And to the end a just and true Accompt and Registry may be made and kept of all and singular the Debts and Monies owing by the Parliament to such Person and Persons as shall advance or lend any summe or summes of Money upon the secu●ity of the Bishops Lands and the Grand receipt of the Excise in course or which of them shall first be enabled to furnish Monies for the repayment thereof as also of all Payments and disbursements which shall be made or issue out of the same Be it Ordained by the Authority aforesaid That for and during the pleasure of both Houses of Parliament there be and shall be one Register accomptant who shall keepe a true and plaine accompt or accompts of all and every Debt and Debts due or owing by the Parliament for Plate Money Horse or their Furniture to any Person or Persons which shall have advanced or lent Monies as aforesaid and also of all such Interest as is or shall be due upon or for the same which said Register Accomptant shall have full power and is hereby authorized to view peruse and take Copies of all and every Bookes Writings and entries in whose hands or custody soever they or any of them are or shall be wherein are or ought to be Registred or entred any Monies Plate or Horses with their Furniture which have been lent or set forth for the service of the Parliament to the end he may be the better enabled to discover and finde out whether according to the notes entries and Accompts as shall be brought in upon the foresaid advance the Plate Monies Horses and Furniture mentioned therein were at the daies and times therein
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