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 [Page 2] 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, Chappells, 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, [Page 3] 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 [Page 4] 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 [Page 5] 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, [Page 6] 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 [Page 7] 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 [Page 8] 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.
[...]
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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.

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