TWO ORDINANCES OF THE LORDS and COMMONS Assembled in PARLIAMENT.
ONE 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: The other, For securing of all those that shall advance the two hundred thousand pound for the service of the State.
Ordered by the Lords assembled in Parliament that these Ordinances be forthwith printed and published.
LONDON, Printed for John Wright at the Kings-head in the Old Baily. Octob. 14, 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 bin drawn by a War, mainely promoted by and in favour of the said Archbishops, and Bishops, and other their Adherents, and Dependents. Be 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, be from and after the fifth day of September, in the yeere 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 be 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 be established or erected within the Kingdome of England, Dominion of Wales or Towne of Barwick, 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 be it further Ordained; and it is hereby Ordained, That all Counties Palatine, Honors, Mannors, Lordships, Stiles, Circuits, Precincts, Castles, Granges, Messuages, Mils, Lands, Tenemen [...]s, Meadowes, Pastures, Parsonage, appropriate Titles, Oblations, Obventions, Pentions, Portions of Tithes, Parsonages, Vicarages, Churches, Chappells, Advowsons, Donatives, Nominations, Rights of Patronage and Presentation, Parkes, Woods, Rents, Reversions, Services, Annuities, Franchises, Liberties, Priviledges, Imunities, Rights of Action and of entry, Interests, Titles of Entry, Conditions, Commons Court 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 years 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 Premises or any of them; which do 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 seising of Thomas Adams Alderman, now Lord Major of the City of London, Sir Iohn Wollaston Knight, Sir George Clarke [Page 3] Knight, Iohn Langham Alderman, Iohn Fowke Alderman, J [...]me [...] B [...]nce Alderman, VVilliam Gibbs Alderman, Samuel Avery Alderman, Thomas Noell, Christopher Packe, Iohn Bellamy, Edward Hooker, Thomas Arnold, Richard Glide, VVilliam Hobson, Francis Ash, Iohn Babington, Laurence Bromseild, Alexander Jones, Iohn Iones, Richard Venner, Stephen Estwick, Robert Mead, and Iames Story; Their Heires and Assignes; And that they the said, Thomas Adams, now Lord Major of the City of London, Sir Iohn Wollaston Knight, Sir George Clerke Knight, John Langham Alderman, Iohn Fowke Alderman, Iames Bunce Alderman, William Gibbs Alderman, Samuel Avery Alderman, Thomas Noell, Christopher, Pack, Iohn Bellamy, Edward Hooker, Thomas Arnold, Richard Glyde, William Hobson, Franois Ash, Iohn Babington, Laurence Bromfield, Alexander Iones, Iohn Iones Richard Vennor, Stephen Estwick, Robert Mead, and Iames 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 thereof 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, Formers, & Tenants, shall also have, hold, and enjoy the premises, 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 injoy, 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 servey the premises in any County or Counties of England and Wales, and to hold Court of serveys, 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 Serveyors 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 the purport of an Ordinance, entituled, 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. I shall use my best endeavour and skill to recover the Estate therein mentioned, and every part thereof, which shall be given me in charge, and to finde out the true values and improvements thereof, and thereof shall 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 interressed in the premisses by vertue of any demise heretofore made, provided that the said Trustees their Heires or Assignes shall not avoid any leases made for any Terme 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 Domine. 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 Domine. 1641. made any grant or lease to any person or persons, body politique or Corporate of any the Houses, Mannors, Lordships, Messuages, Lands, Tenements, and Hereditaments, or any other the premisses 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 ordeined, and it is hereby ordained, that if any person or persons, body politique or Corporate, at any 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 premises 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 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, Bishops, and other them the founders and donors as founders and donors of and to the said Archbishopricks and Bishopricks, and their heires, all such right and 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 adheared to the Parliament, all such estate as he or they since the first day of May, An. Dom. 1641. have forfeited or made forfitable 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 he and they have to the Messuage called Durisme House, and certaine Stables, late of the possession of Thomas Bishop of Durisme, scituate in the Parish of S. Martins in the Fields, in the County of Middlefex, 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 Grammer Schoole, or Schollers, or for or toward the reparation of any Church, Chappell, 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 betried and determined, shall provide and present to the Judge or Judges of such Courts, some able and fit person to doe 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 triable by the Ordinary or Bishop, shall be tried by Jury in usuall course.
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 do declare, That every person who hath advanced any Monies, Plate, or Horses, with their Furniture and Armes, 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 Advowsans and Impropriations) which shall first happen, together with the interest after the rate of eight per centum, per annum, to be paid every sixe 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 100 l. Principall, which, with Interest due thereupon, for three yeeres past, will make 124. l. he adventuring 124. l. more, may be secured for the whole 248. l. as aforesaid, and so proportionably for a greater or lesser summe, and according to the [Page 10] Interest due thereupon; And for the more speedy re-imbursing 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 Monies, as may give satisfaction to the Lenders. And the said Lords and Commons do 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.