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.

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.

Table of contents

Title page

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.

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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.

Instructions for Contractors for the sale of the late Archbishops and Bishops lands.

Instructions for the Surveyors of the late Arch-Bishops and Bishops Lands, which are to be surveyed.

Instructions to be observed by the REGISTER.

17. November. 1646.

FINIS.

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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.

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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.

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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 [Page] 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 [Page] 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 [Page] 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 [Page] 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 [Page] 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 [Page] 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 [Page] 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.

[Page] 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 [Page] 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.

[Page] 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 [Page] 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 [Page] 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 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 [Page] 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, wh [...]ch 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 [Page] 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 [Page] 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 contained truly and really lent, & set forth for the service of the Parliament or not; and upon due examination made thereof, the said Register Accomptant shall make true Certificate of all such Debts which he shall finde to be justly charged, together with the Interest due for the same unto the Treasurer or Treasurers for the time being, appointed by both Houses of Parliament for the receiving of the Monies which shall be advanced upon the foresaid security; upon whose approbation or allowance the said Register Accomptant shall give due credit for the same upon Accompt, that so it may [Page] plainly appeare how much, and to whom the Parliament is indebted; and when any Monies are paid or issued forth, he shall also make the Parties receiving the same Debitor upon the same Accompt, and performe all other requisite services appertaining to the said place. And the said Lords and Commons taking into their considerations the faithfull and good service of Colonell Robert Manwairing, doe hereby constitute and appoint him the said Colonell Robert Manwairing to be Register Accomptant of all and singular the Accompts and Registries, which shall be kept of or concerning the Premisses; to hold, execute, and injoy the same Office of Register Accomptant, together with the yearely Fee of two hundred pounds Per Annum, payable out of the Rents and proceede of the Bishops Lands, by the hands of the Treasurers thereof for the time being, on the five and twentieth day of March, and the twenty ninth day of September, halfe yearely by equall portions. And for such Clerkes or under Officers as shalbe imployed in and about the Premisses, the same shall be approved of by the said Treasurers, and receive such reasonable salary for their service as the said Treasurers shall from time to time thinke fit to allow.

And it is further Ordained, That John Fowke, Alderman of the City of London, shall be Comptroller of all Entries, Receipts, and payments, which shall be made to or by the said Treasurers, and shall have Power and Authority by himselfe, or his sufficient Deputies, to keepe Accompt of all Entries, Receipts, Payments, and Discompts whatsoever, which shall be made unto or by the said Treasurers; And the said Comptroller and his Deputies shall execute the said place of Comptroller in the Premisses, according to the instructions hereafter mentioned, and such other instructions as the said Comptroller shall from time to time receive from both Houses of Parliament.

And it is further hereby Ordained, That the said John Fowke shall have for his salary the yeerly summe of two hundred pounds to be paid him quarterly by the said Treasurers, who are hereby authorized and appointed to pay the same, for which this present Ordinance with his receipt, shall be their sufficient discharge. And for the better securing of the principall Moneyes [Page] and the Interest herein mentioned, Bee it Ordered and Ordained, That the Excize and New Impost upon Commodities, mentioned in the Ordinance of the eleventh of September, one thousand sixe hundred forty and three, or any Ordinance or Ordinances of this present Parliament, made in explanation and continuance thereof, shall be continued, taken and put in due execution, untill such time as all summes of Money payable by vertue of this present Ordinance shall be paid and satisfied; And the payment of the said Moneyes to be due and payable by vertue of this Ordinance, shall not be debarred, put by, or deferred from being paid out of the said Excize, as aforesaid, by any Order or Orders, Ordinance or Ordinances, of one or both Houses of Parliament, or otherwise by the payment of any other or further summe or summes of money, then the same was and is charged with upon the said twentieth of September last past (except as is before excepted.) And the Commissioners of the said Excise and New Impost for the time being, are hereby charged and required, not to dispose or pay any Moneyes that they shall receive for the New Impost or Excise, after the same shall be charged in course as aforesaid, with the payment of any of the principall Money in this Ordinance contained, untill such time as the same, together with the interest and every part thereof then behind and unpaid, shall be payed unto the person or persons, bodies politique or corporate, their Executors, administrators, Successors, or Assignes, to whom, upon the Certificate of the said Treasurers as aforesaid, the same shall be found due for any summe of Money that shall be lent for and towards the raising of the said two hundred thousand pound now to be raised, and of the said summe of Money heretofore lent upon the Publique Faith, which with the interest as aforesaid, is to be payed by vertue of this present Ordinance.

And be it further Ordained by the Authority aforesaid, That the said first recited Ordinance, and this present Ordinance, and every Article, Clause, and thing therein contained, shall be pleadable, and may be given in evidence in any of his Majesties Courts of Justice or other Courts, and the Judges of all the said Courts, are required to allow and admit the same.

And it is also Ordered and Ordained, by the Authority aforesaid, [Page] That if the Trustees, or any of them, shall require it on the behalfe of themselves, or the lenders, one or more Act or Acts of Parliament, or Letters, Patents, under the great Seale of England, shall be passed for their, or any of their further security.

And it is lastly Ordained, That this present Ordinance, and the former recited Ordinances, shall be printed and published in all Counties, and other Cities, Townes Corporate, Parishes, Townes, Hamlets, and other places where the said Trustees, or the major part of them shall think fit. And that the care of the true printing thereof is hereby referred to the said Trustees, or the Major part of them.

Provided alwaies, And be it Ordained by the said Lords and Commons, That neither this Ordinance, nor any Branch, Clause, Article, or thing therein contained, shall extend to the great Capitall Messuage, with the appurtenances scituate in Chancery-Lane London, commonly called or knowne by the name of Serjeants Inne in Chancery-Lane, wherein the Judges and Serjeants of the Law, have for a long time lodged and resided, and still doe lodge and reside, nor to any part of Lincolnes Inne in Chancery-Lane; nor shall in any wise be prejudiciall or any disturbance to the quiet possession of the said Judges or Serjeants that now are, or shall at any time hereafter reside and lodge in the said Messuage, or to any of the Society of Lincolnes-Inne within Lincolnes-Inne aforesaid, any thing in this present Ordinance contained to the contrary thereof in any wise notwithstanding; but that the said Messuage and Lincolnes-Inne aforesaid, with the appurtenances, shall continue and be houses of lodging and residence to and for the said Judges and Sergeants, and others of Lincolnes-Inne aforesaid, and for their use and benefit, in such manner as they have been used and accustomed at and under the yeerly Rents usually paid 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, [Page] 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 [Page] 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 [Page] 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.

[Page]

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 [Page] 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 be kept by him for that purpose, and in an orderly manner fyle, bundle up, and safely lay up, and keepe the Originals.

II.That he do weekly or oftner certifie unto the Contractours, what Surveyes and Certificates are returned to him, and of what Manours, or otherwise as the case shall require.

III.That upon Warrant and Direction from the Contractors, he do make forth, and fairely ingrosse in Parchment, particulars of all such Manours, Lands, Tenements, and Hereditaments, Buldings, Woods, or other things surveyed [Page] and certified into his Office, by the Surveyors, whereupon the Contractors are to proceed, or intend to make any sale, and that he do examine and signe the same particulars, and deliver them to the Contractors.

IIII.That upon Contract or Agreement made by the Contractors, for any Manours, Lands, Tenements, Hereditaments, Buildings, Woods, or other thing contained in any particular made forth, signed and delivered unto them by the Register, the said particular be returned to the Register, together with the Order of Agreement or Contract made with the Purchasor thereupon.

That upon returne thereof, he do forthwith rate the particular, and ascertaine the purchase Money, how much it comes to, at how many yeares Purchase the parliculars contracted for are sold, and enter the same upon the said particular, together with such other proceedings as shall be required by the Contract.

That he do returne the particular thus rated and ascertained to the Contractors, who are to signe the same, to attest the Agreement, and thereupon to desire and give Warrant to the Trustees to draw up and seale conveyances thereof to the Purchasors accordingly.

That all particulars thus finished, together with all proceedings thereupon, be fairely entred or registred by the Register, and be safely kept by him as Records, and that after such entring and registring thereof, the Register do deliver the said particulars unto the Trustees to perfect the sale as aforesaid.

And to the end this service may be performed in such manner as the Register may be able from time to time to give an accompt of all proceedings (if he shall be required) [Page] to the Parliament, himselfe, or one [...], are to attend upon, and enter all Orders and Proceedings before the Contractors.

That he do weekly make Certificate to the Treasurers, Comptroller, and Register, accomptant of all Rents, and all Rates of particulars, and of all Moneyes payable upon any Contract upon any particular, how much thereof is to be paid in hand, and how much to be forborne, and for what time, and how, and in what manner the sum or sums to be forborne are to be secured.

That he do methodize and put in good order all Charters, Evidences, and Writings, belonging to the late Archbishops, and Bishops, and all Books of Survey, and other things to be delivered to his care and custody, to be kept by him as Records, and make Catalogues of them▪ and fit them in such manner, as the Subject may readily see▪ and have Copies (if he desire it) of whatsoever shall be brought into the Registers Office, and be under his charge and custody.

17. November. 1646.

ORdered by the Lords and Commons Assembled in Parliament, That there be an additionall allowance of three hundred pounds per annum, allowed and paid unto Master Alderman Fowke, for his salary, for his execution of the place of Comptroller of the Receipts of Monies mentioned in the Ordinance, for the appointing the sale of the late Bishops Lands, over and above the two hundred pounds per annum, appointed by the said Ordinance.

Joh. Brown Cler. Parliamentorum.

Information about this book

Title statement

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.

Edition statement

1646

Publication

Publisher

Text Creation Partnership,

Place of publication

Ann Arbor, MI ; Oxford (UK) :

Date

2008-09 (EEBO-TCP Phase 1).

ID [DLPS]

A83261

ID [STC]

Wing E2038aA

ID [STC]

ESTC R228512

ID [EEBO-CITATION]

45097718

ID [OCLC]

ocm 45097718

ID [VID]

171313

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Early English books online.

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(EEBO-TCP ; phase 1, no. A83261)

Transcribed from: (Early English Books Online ; image set 171313)

Images scanned from microfilm: (Early English books, 1641-1700 ; 2571:27)

Source

— 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..

Extent

[2], 26 p.

Printed for John Wright at the Kings-head in the Old Baily.,. London, :: Novemb. 18. 1646.. (P. 23-24 printed as 22-23) (Imperfect: stained.) (Reproduction of original in the Newberry Library.)

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