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A38118 The severall ordinances and declarations of the Lords and Commons assembled in Parliament ... with instructions for the comptroller, the contractors, the surveyors, and the register : as also, the names of all the trustees and contractors, for the speedy execution of the same. England and Wales. Parliament. 1646 (1646) Wing E2291; ESTC R15151 5,844 14

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The severall ORDINANCES and DECLARATIONS OF THE LORDS and COMMONS Assembled in PARLIAMENT 1 For the abolishing of Archbishops and Bishops within the Kingdom of England and Dominion of Wales and for setling of their Lands and Possessions upon Trustees for the use of the Common-wealth 2 For securing of all those that shall advance the Two Hundred Thousand Pound for the service of the State 3 For the Payment of the said Two hundred thousand Pound to our Brethren of Scotland 4 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 Instructions for the Comptroller the Contractors the Surveyors and the Register As also the Names of all the Trustees and Contractors for the speedy execution of the same Die Lunae 23 Novemb. 1646. IT is this day Ordered by the Lords in Parliament assembled That the severall Ordinances Printed for the sale of the Bishops Lands shall bee called in And that the Trustees therein mentioned or the major part of them shall take care for the true Printing thereof according to the said Ordinance any Order whatsoever notwithstanding Joh. Browne Cleric Parliamentorum London Printed for John Bellamy 1646. Die Veneris 9. Octob. 1646. 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 FOr the abolishing of Archbishops and Bishops and providing for the payment of the just and necessary debts of the Kingdome into which the same hath been drawn by a War mainely promoted by and in favour of the said Archbishops and Bishops and other their Adherents and Dependents Bee it Ordained and it is Ordained by the Lords and Commons in Parliament assembled and by the Authority of the same That the Name Title Stile and Dignity of Archbishop of Canterbury Archbishop of York Bishop of Winchester Bishop of Duresme and of all other Bishops of any Bishopricks within the Kingdome of England and Dominion of Wales bee from and after the fifth day of September in the yeare of our Lord God 1646. wholly abolished and taken away and are hereby abolished and taken away And all and every person and persons are and bee thenceforth disabled to hold the place function or stile of Archbishop or Bishop of any Church Sea or Diocesse now established or erected or hereafter to bee established or erected within the Kingdome of England Dominion of Wales or Towne of Berwick or to use or put in ure any Archiepiscopall or Episcopall Jurisdiction or authority by force of any Letters Patents from the Crowne made or to be made or by any other Authority whatsoever any Law Statute Usage or Custome to the contrary notwithstanding And bee it further Ordained and it is hereby Ordained That all Counties Palatine Honors Mannors Lordships Stiles Circuits Precincts Castles Granges Messuages Mils Lands Tenements Meadows Pastures Parsonages appropriate Tithes Oblations Obventions Pensions Portions of Tithes Parsonages Vicarages Churches Chappell 's Advowsons Donatives Nominations Rights of Patronage and Presentation Parkes Woods Rents Reversions Services Annuities Franchises Liberties Priviledges Immunities Rights of Action and of Entry Interests Titles of Entry Conditions Commons Courts Leet and Courts Baron and all other Possessions and Hereditaments whatsoever with all and every of their appurtenances of what nature or quality soever they bee which now are or at any time within ten yeares before the beginning of this present Parliament were belonging to the said Archbishops or Bishops Archbishopricks or Bishopricks or any of them which they or any of them had held and enjoyed in the Right of their Archbishopricks or Bishopricks Dignities Offices or Places respectively Together with all Charters Deeds Books Accounts Rolls and other Writings and Evidences whatsoever concerning the Premisses or any of them which doe belong to any the said Archbishops or Bishops Archbishopricks and Bishopricks are vested and setled adjudged and deemed to bee and are hereby in the reall and actuall possession and seisin of Thomas Adams Alderman now Lord Major of the City of London Sir John Wollaston Knight Sir George Clarke Knight John Langham Alderman John Fewke Alderman James Bunce Alderman William Gibbes Alderman Samuel Avery Alderman Thomas Noell Christopher Packe John Bellamy Edward Hooker Thomas Arnold Richard Glide William Hobson Francis Ash John Babington Laurence Bromfield Alexander Jones John Jones Richard Venner Stephen Estwick Robert Mead and James Story their Heires and Assignes And that they the said Thomas Adams now Lord Major of the City of London Sir John Wollaston Knight Sir George Clerke Kinght John Langham Alderman John Fowke Alderman James Bunce Alderman William Gibbes Alderman Samuel Avery Alderman Thomas Noell Christopher Packe John Bellamy Edward Hooker Thomas Arnold Richard Glide William Hobson Francis Ash John Babington Laurence Bromfield Alexander Jones John Jones Richard Venner Stephen Estwick Robert Mead and James Story and the Surviver and Survivers of them and their Heires and Assignes shall hold all such the premisses as are now held of the King of the King his Heires and Successors as of his Mannor of East Greenewich in Fee and Common soccage by fealty and the Annuall Rents therefore respectively due and payable within ten yeers last past before the beginning of this present Parliament and not in Capite nor by other Tenures or services and shall hold all and every the premisses which the said Archbishops and Bishops held of any other then of the King by the Rents and other services therefore due and of right accustomed And the said Trustees their heires assignes Farmers and Tenants shall also have hold and enjoy the premisses and every of them freed acquitted and discharged of and from the payment of Tithes as fully as the said Archbishops and Bishops did hold and enjoy or ought to hold and enjoy the same at any time during the space of ten Yeares aforementioned or any time since And it is further by the same Authority ordained that the said Trustees shall have power and are authorized to make nominate and appoint from time to time fit and able persons such as they shall think fit to survey the premises in any County or Counties of England and Wales and to hold Court of surveys and to demand receive and in safe custody to put all the said Charters deeds bookes accompts rolls writings and evidences that they may be put in such place in the City of London as the said persons before named or the major part of them shall order and appoint And the said Trustees or any three or more of them as aforesaid are hereby authorized and required to administer an Oath unto all and every the Surveyors who shall take the same before he shall execute the said place in these words viz. I A. B. doe sweare that I will faithfully and truely according to my best skill and knowledge execute the place
of a Surveyor according to the purport of an Ordinance entituled An ordinance of Parliament for the abolishing of Archbishops and Bishops within the Kingdome of Enland and dominion of Wales and for setling of their Lands and possessions upon Trustees for the use of the Common-wealth I shall use my best endeavour and skill to discover the Estates therein mentioned and every part thereof which shall bee given me in charge and to finde out the true values and improvements thereof and thereof sh●ll make true particulars according to my best skill and cunning and the same from time to time deliver in writing close sealed up unto the said Trustees or any two of them according to the true intent and meaning of the said Ordinance and this I shall justly and faithfully execute without any gift or reward directly or indirectly from any person or persons whatsoever Neverthelesse it is declared and ordained that the said persons before named their Heires and Assignes shall have and hold the premises and every of them subject to such trusts and confidence as both Houses of Parliament shall appoint and declare and dispose of the same and the Rents and Profits thereof as the said Houses shall order and appoint wherein the Lords and Commons doe declare that due respect shall be had towards such persons and their Assignes as are interessed in the premises by vertue of any demise heretofore made Provided that the said Trustees their Heires or Assignes shall not avoid any leases made for any Term or estate not exceeding three lives or one and twenty yeares in possession or in such manner as that together with the lease in being shall not exceed three lives or one and twenty yeares so as the old and accustomed rent and rents or so much rent and rents as the ancient and accustomed rent amounteth unto be reserved payable during the said voidable Terme and Termes or estates and so as the said leases have not been procured or purchased of any Bishop since the first day of December Anno Domini 1641. And be it further Ordained by the Authority aforesaid that if any Arch bishop or Bishop have at any time since the first day of December Anno Domini 1641. made any grant or lease to any person or persons body Politique or Corporate of any the Honors Mannors Lordships Messuages Lands Tenements and Hereditaments or any other the premises aforesaid or any of them in right of their Arch-bishopricks or Bishopricks the same grant or lease shall be utterly void and of none effect and the person or persons body politique or Corporate unto whom the same was made shall have no benefit thereby provided and be it ordained and it is hereby ordained that if any person or persons body politique or Corporate at any ny time or times since the first day of December in the yeare of our Lord God 1641. who had any grant or lease for one or more life or lives or any number of yeares of the premisses or any part thereof as is aforesaid and surrendred the same to the end that he or they might have a new grant or lease granted or made unto him or them which by this present Ordinance is made voide and the same was accordingly granted or made unto him or them That the said person or persons body politique or Corporate who hath so surrendred any such former grant or lease his and their heires successors Executors Administrators and Assignes shall have hold possesse and enjoy such time and terme as he or they had in any part of the said premisses by vertue of any such former grant or lease in such sort and manner as he or they should have had held and enjoyed the same if no such surrender had been made subject neverthelesse to such payments of rent and other services and such covenants conditions and agreements as in the said former Grants or Leases were expressed and contained saving unto all and every person and persons their heires executors and administrators bodies politique and corporate and their successors other then the King his heires and successors all Archbishops and Bishops and other then the founders and donors as founders and donors of and to the said Archbishopricks and Bishopricks and their heires all such right title interest possession rights in Law or equity entries annuities commodities fees and other profits which they or any of them before the said first day of December 1641. ought lawfully to have had in or to the Premisses or any part or parcell thereof as if this Ordinance had never been had or made also saving to all such person or persons as have adhered to the Parliament all such estate as he or they since the first day of May An. Dom. 1641. have forfeited or made forfeitable for non-payment of Rent or not performing of services to any Bishop or Bishops except it be in the case of a Lease made utterly void by this Ordinance by reason the same hath been procured or purchased of any Bishop since the aforesaid first day of December Anno Dom. 1641. and likewise saving to Philip Earle of Pembrook and Montgomery and his Heires all such right as hee and they have to the Messuage called Duresme House and certaine Stables late of the possessions of Thomas Bishop of Duresme scituate in the Parish of S. Martins in the Fields in the County of Middlesex lately granted by Act of this present Parliament this present Ordinance or any thing therein contained in any wise notwithstanding Provided also and it is hereby further ordained by the authority aforesaid that all and singular Revenues Rents Issues Fees Profits summes of Money and allowances whatsoever as have heretofore been and now ought to be paid disposed and allowed unto and for the maintenance of any Grammar-schoole or Schollers or for or toward the reparation of any Church Chappel High-way Causeway Bridges Schoole-house Almes-house or any other charitable or pious use or for maintaining of any Lecture or Preachers payable out of any the Premisses or which are chargeable or ought to issue out of or to be paid for or in respect of the said Premisses or any of them shall be and continue to be paid and allowed as they were and have been heretofore any thing in this present Ordinance to the contrary in any wise notwithstanding And it is further Ordained that the Sheriffe of every County place who is to attend the respective Courts where any Felony is to be tryed and determined shall provide and present to the Judge or Judges of such Courts some able and fit person to do such things as by the office of the Ordinary have been used to be done which person and persons shall have Authority and are hereby enjoyned to performe that service in such manner as the respective Ordinaries heretofore have used to doe Provided also that all Commissions upon the Statute of charitable uses shall be valid though the Bishop be therein omitted and the other Commissioners shall proceed therein as fully as they might have heretofore done when the Bishop was therein named and that all Issues tryable by the Ordinary or Bishop shall be tryed by Jury in usuall course John Browne Cler. Parliamentorum H. Elsynge Cler. Parl. D. Com. Die Martis 13 October 1646. THe Lords and Commons assembled in Parliament intending to raise the summe of Two hundred thousand Pounds for the present service of the State for the encouragement of such as shall advance any summe for and towards the same and to the intent they may have notice thereof doe Declare That every person who hath advanced any Moneys Plate or Horses with their Furniture and Armes upon the Publique Faith may for every summe of Money hee shall further lend for the advancement of the said summe bee secured a like summe more out of the Receipt of the Grand Excise in course and the sale of the Bishops Lands except Advowsons and Impropriations which shall first happen together with the Interest after the rate of Eight l. per centum per annum to be paid every six moneths out of the Receipts of the Excise till Principall and Interest bee fully discharged As for example If there bee owing to any person 100 l. Principall which with Interest due thereupon for three yeares past will make 124 l. hee adventuring 124 l. more may bee secured for the whole 248 l. as aforesaid and so proportionably for a greater or lesser summe and according to the Interest due thereupon And for the more speedy re-imbursing of the said Mony 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 the said Lords and Commons doe Declare That it shall and may be lawfull for any person or persons to assigne his Right and Interest in any summe or summes of Money owing to him upon the Publique Faith as aforesaid to any person or persons that will advance the like summe in manner as is before expressed Joh. Brown Cler. Parliamentorum H. Elsynge Cler. Parl. D. Com. Die Sabbathi 14 Novemb. 1646. BE it Declared by the Lords and Commons in Parliament Assembled That the first Hundred thousand Pounds which shall bee raised either by the sale of Bishops Lands or by the Credit of the Ordinances which are passed for that purpose shall be paid to our Brethren of Scotland upon the Marching of their Army and Forces out of this Kingdome at such time and place as shall be agreed upon And the next fifty thousand pounds so raised at the end of three Moneths after the former payment and Fifty thousand Pounds more raised as aforesaid at the end of nine Moneths after the first payment But in case the latter Hundred thousand Pounds shall bee with more speed procured the same shall be sooner paid unto them although there be no engagement for a more speedy payment then at the times formerly expressed H. Elsynge Cler. Parl. Dom. Com. FINIS