Acts and Ordinances of the Interregnum, 1642-1660. Originally published by His Majesty's Stationery Office, London, 1911.
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[17 November, 1646.]
Recital of the first Ordinance; Recital of the Declaration.; The Trustees to stand seized and receive the Rents and Profits of; the Bishops lands due after the first of Novemb. 1646.; The Trustees to choose their Counsel and appoint Stewards of Mannors, & other Officers and persons who are to be paid by the Treasurers, until the moneys payable by this Ordinance be paid, with all charges.
Whereas by an Ordinance of the Lords and Commons made the 9th. of Octob. One thousand six hundred forty six, the name, title, stile, & dignity of Archbishop of Canterbury, Archbishop of York, Bishop of Winchester, Bishop of Duresme, and of all other Bishops of any Bishopricks within the Kingdom of England & Dominion of Wales, from the fifth of September, One Thousand six hundred forty six, is wholly 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, Sea, or Diocess, within the Kingdome of England and Dominion of Wales, by any authority whatsoever; And all Counties Palatine, Honours, Mannours, Lands, Tenements, and Hereditaments, and other the Premisses in the said Ordinance mentioned, were and are vested and setled, adjudged and deemed to be in the real and actual possession and seisin of Thomas Adams Alderman, then Lord Mayor of the City of London, Sir John Wollaston Knight, Sir George Clark Knight, John Langham Alderman, John Fowke Alderman, James Bunce Alderman, William Gibbs Alderman Samuel Avery Alderman Thomas Noel, Christopher Pack, 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 Heirs and Assigns, upon trust and confidence that the said Persons before named their Heirs and Assigns, should have and hold the Premisses, and every of them, subject to such trust and confidence as both Houses of Parliament 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 shall advance any sum, 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 sum of Money he shall further lend for the advancement of the said sum, be secured a like sum 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 all the Interest after the rate of 8 li. per cent, per annum, to be paid every six moneths out of the Receipts of the Excise, till Principal and Interest be fully discharged: As for example, If there be owing to any Person 100 li. Principal, which with Interest due thereupon for three years past, will make 124 li. he adventuring 124 li. more, may be secured for the whole 248 li. as aforesaid: And so proportionably for a greater or lesser sum, and according to the 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 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 assign his right and interest in any sum 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 Arms, advanced upon the Publique Faith, with Interest for the same, after the rate aforesaid, the said Lords and Commons have Declared and Ordained, and do hereby Declare and Ordain, That the said Thomas Adams and other the Persons before named, and the Survivors and Survivor of them, and the Heirs of the Survivor of them, shall stand and be seized of all and singular the said Premisses, so vested and setled in them, their Heirs and Assigns (except Parsonages appropriate, Tythes, Tythes appropriate, Oblations, Obventions, Portions of Tythe, Parsonages, Vicarages, Churches, Chappels, Advowsons, Donatives, Nominatives, Rights of Patronage and Presentation) and shall take all the Rents, Revenues, Issues, and Profit, which were due and payable after the first of November, One thousand six hundred forty six, notwithstanding any Sequestration of the same, and 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, until 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 Authorized, to take into their assistance such Counsel 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 Counsel, 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, until 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 several sums 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 born, 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 Heirs, Executors, and Administrators respectively shall stand seized and possessed of such of the said Counties Palatine, Honours, Mannors, Lands, and Premisses remaining 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 Commonwealth, as shall be limited and appointed by both Houses of Parliament.
The Contractors.; 1d. per pound to be paid to the Contractors.; The Trustees or five of them to convey according to Contract of six or more of the Contractors entred and certified to the Trustees.
And be it also ordered and ordained by the authority aforesaid, That John Blackwell senior of Moreclack in the County of Surrey Esquire, Sir William Roberts of Wisden, in the County of Middlesex Knight, Alderman Vyner, Colonel Richard Turner, James Russel, William Methold, Thomas Ayres of London Esquire, William Prin of Lincolns-Inne Esquire, Robert Fenwick 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 John Blackwell, and other the said persons last before named, shall receive of the Treasurers herein named, two pence in the pound for every sum that shall be paid to the said Treasurers, upon all and every such contract and contracts, for the sale of the premises 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 bargain and sale Inrolled, according to the Statute, or otherwise by any good and sufficient conveyance and assurance 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 bargains 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 Purchasers, and the said Contractors before named, shall be good and effectual in Law.
None of the Trustees to be Contractors.; None of the Contractors to be Purchasers.; The Purchasers to hold the lands discharged of all Trusts, Accompts, &c.
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 do purchase the said Lands or any part of them; And if any Contractors or any in trust for them, or any of them shall buy any Lands contrary to this Ordinance, he or they shall forfeit the Estate and money paid so for it. And every Purchaser of any part of the Premisses, his Heirs and Assignes shall have, hold and enjoy the Premisses that shall be by him purchased, discharged of all trusts and accompts, whereunto the said Trustees are, or may be lyable by vertue of this present or the said recited Ordinance.
Incumbrances made by the Trustees.; The Trustees and Contractors to be saved harmless, and may plead the general issue and give in evidence this Ordinance.; The lands shall be freed from all incumbrances done by the Trustees.; Saving to all persons their rights which are saved by the former Ordinance.
And of all Suits 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 paid, were satisfied before such sale made, and all other claims 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 claiming 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 harmless for whatsoever they, or any one or more of them shall do 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 enabled to plead the general issue, and to give this Ordinance in evidence, and if a judgement pass 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, Entituled, (An Ordinance of Parliament for the abolishing of Arch-Bishops 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 Commonwealth) shall not be lyable unto, but stand, and shall be free and discharged of, and from all and all manner of Statutes, Judgements, Recognizances, Dowers, Jointures, 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 sav ing unto all and every Person and Persons, Bodies Politique and Corporate, their Heirs, 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 Commonwealth, is or are thereby saved.
Provided, that the Jura Regalia of the Bishoprick of Duresme shall remain in the Trustees.
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 remain 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 Commonwealth, to be disposed of as both Houses of Parliament shall think fit and appoint, any thing in this present Ordinance to the contrary thereof contained in any wise notwithstanding.
Proviso for the Jura Regalia of the Bishop rick of Ely.; Churches, Chappels, and Churchyards not to be sold.; Proviso for payment of the Assembly of Divines until, &c.
Provided always, 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, commonly 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 remain 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 Commonwealth, to be disposed of as both Houses 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 Cathedral Church, or Churches, or any Chappels belonging to such Cathedral Church or Chappels, or any other Churches, Church-yards, or Places used for burial, shall not be sold or disposed of by vertue of this Ordinance, any thing therein contained to the contrary notwithstanding. Provided always, 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, until such time as the Lands and Revenues aforesaid shall happen to be sold away by vertue of this Ordinance.
Allowance to be made to such as shall be evicted by any eigne, right, &c.; Act of Parliament for further assuring of Purchasers.
And it is further Ordained, That if any Person or Persons, Body Politique or Corporate, who shall be Purchasers of any part of the Premisses, shall hereafter be evicted out of any part of the Premisses by vertue of an 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, recompense, and allowance made to him and them for the Moneys 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 Assigns, one or more Acts of Parliament, or Letters Patents under the Great Seal of England by Authority of Parliament, shall hereafter pass or be made for the further assuring of the Premisses, or any part of them unto such Purchaser or Purchasers, their Heirs or Assigns requiring the same.
The Treasurers named.; Taking of subscriptions.; The Treasurer upon Certificate to ascertain the money and interest upon the Publique Faith.; And to give receipts for the same and their new Money.; Moneys due by this Ordinance may be assigned.; Forfeiture for procuring a forged Certificate.
And be it further Ordained, That all Rents, Revenues, Issues, and Profits, and all sum and sums of Money that shall be due or payable by vertue of this present Ordinance for sale of any of the Premisses, shall be received by the said William Gibs Alderman, Thomas Noel, 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 sum or sums of Money, 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 Money, Plate, Horse, Furniture, or Arms, upon the Publique Faith, or hath or shall be assigned unto them by any others, upon producing of the same to the said Treasurers, or any two of them, to ascertain their Principal and Interest, and to give them Receipts for the same: As also, for the new Money subscribed and paid 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 Assigns, to require the sum and sums of Money therein mentioned: And further, That it shall and may be lawfull for every Person and Persons, Bodies Politique or Corporate, who shall have any Moneys 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 be good and effectual 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.
Forfeiture for procuring a forged Certificate.
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 Commonwealth; 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 ready Money, Plate, Horses, Furniture, and Arms, lent, or sent in by him upon the Publique Faith, or assigned unto him as aforesaid the benefit whereof shall be for the use and benefit of the Commonwealth.
Money subscribed to be paid within eight days.; The 200000 li. to be paid by Ordinance of Parliament.; The Treasurers to pay no other moneys but by order of the Trustees.
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 days 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 Publique Faith, unless 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 Money, shall not issue or pay out any of the said sum of Two hundred thousand pounds to be borrowed for the use of the Commonwealth as aforesaid, but by Ordinance of both Houses of Parliament: Which Ordinance, with the Receipt of the party or parties to whom the Money is appointed to be paid, 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 sum or sums of Money that shall come to their Treasury, or be paid unto them out of the profits, or by sale of any of the premisses, 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 any sum or sums of Money 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.
The Lenders are to be paid the fourth part of their moneys in course, &c.; But if he purchase he may deduct his money by this Ordinance.
And be it further Ordained by the authority aforesaid That as the said Treasurers shall receive ready monies, by sale of the premisses, 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 Mony, with the interest then due; and so from time to time till the whole be paid. Provided alwaies, 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 premisses, to defalk, or retain any mony that shall be due unto him by vertue of this present Ordinance, upon every purchase that he or they shall make, if the sum 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.
The Treasurers to give accompts to the Committee of accompts.
And be it further Ordained, That the said Treasurers shall keep true and perfect Books of Accounts of all their receipts, disbursements, 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.
One penny per pound to the Treasurers.
And further, the said Treasurers shall have deducted and paid unto them the sum of one penny in the pound, for all moneys by them to be received and paid.
Keeper of the Records.
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 premisses 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 Henry Elsyng Esquire, 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, Honors, Mannors, Castles, Lands, Tenements, Hereditaments, or other the premisses in the above recited Ordinance, and herein mentioned.
Surveyors to make their returns to the said officer.
And that all and every the Surveyors of the Premisses shall make their Returns of all and every their respective Surveys by them taken from time to time, to the said Henry Elsyng, who shall make Entry of all such Surveys, Certificates, and other proceedings, as shall from time to time be returned or certified by the said Surveyor or Surveyors of the Premisses; And shall also make forth, rate, and sign all and every particular and particulars of the Premisses, or any part thereof, whereupon any contract or contracts for sale or otherwise, shall, or is to be had or made.
And the Contractors of their contracts.; The Registers Fees.
And all and every the said Contractors shall certifie all contracts so by them, or any of them made, to the said Henry Elsyng 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 Premisses so to be made forth under the hand of the said Henry Elsyng, shall be from time to time a good and sufficient authority to and for the said Contractors, or any six or more of them, to contract, agree, or proceed thereupon; to have, hold, execute, and enjoy the said office or place of Register and Keeper, by himself, or his sufficient Deputy, together with the yearly Fee of one hundred pounds per annum, payable out of the Receipts, Rents, and Revenues arising out of the Premisses, by the hands of the Treasurers herein before mentioned; on the 25 day of March, the 24 day of June, the 29 day of September, and the 25 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 authorized to pay accordingly; and that the Acquittance of the said Henry Elsyng shall be a good discharge to the said Treasurers, and every ef them, for the payment thereof as aforesaid.
Surveyors to be nominated by the Trustees.
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 Heirs 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 Premisses; who shall have power to go into all and every the Counties, Cities, and Places within the Kingdome of England and Dominion of Wales, or into so many of them as shall be thought fit.
The Surveyors Authority.; Any 1, 2, 3. or more of them saith the instructions.; 1. To finde out, &c.; In any City or Countrey.; 2. How much is in possession.; 3. What Rents.; 4. What pious uses.; 5. To make an exact; Survey. Surveys and Writings to be kept in such place in London or Westminster, as the Trustees or the major part shall appoint.
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 Premisses, or any part thereof; and they, or any three or more of them, shall also have full power and authority, as well by the Oaths of good and lawfull men, as by all other good and lawfull waies and means, to inquire and finde out what County-Palatine, Honors, Mannors, Lordships, Granges, Messuages, Lands, Tenements, Meadowes, Leasaws, Pastures, Woods, Rents, Reversions, Services, Parkes, Annuities, and other Possessions, Priviledges, Liberties, Immunities, and Hereditaments whatsoever, of what nature or quality soever they 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 Arch-bishops or Bishops, in right of Arch-bishopricks, 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 Arch-bishopricks, and Bishopricks, and what, and how much of the same is in possession, and the true yearly 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 antedated, 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 sums of money are issuing, due, or payable out of the Premisses, or any part thereof: And what Lands or Premisses 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 surveys, and certificates of their proceedings, which certificate and surveys shall be recorded, and all Charters, Evidences, Court-Rolls, and other writings belonging to all or any the Arch-bishops, Bishops, Arch-bishopricks, or Bishopricks, or concerning any of the CountiesPalatine, Honors, Mannors, Castles, Lands, Tenements, Hereditaments, or any other the Premisses 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.
The Surveyors to keep Courts, And to cause men to shew their writings and Evidences.; To examine by Oath.; The Trustees or three of them or the Surveyors to give an Oath.; To commit to prison, &c.; All Justices of Peace to assist the; Surveyors.; Proviso for Peers.
And that the said Surveyors, or any three or more of them, shall have power and authority, so often as they shall be thereunto appointed by the said Trustees, or the major part of them, to keep Courts of Survey within any of the Counties-Palatine, Honors, Mannors, and Premisses; and to call before them any of the Tenants or other persons whom they shall conceive to have any interest in any of the Premisses, to shew their Writings and Evidence, and discover what right, title, or interest, they or 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, Bonds, Extents, Titles, Rents, Improvements, Valuations and Jurisdictions, of all or any of the Premisses: 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 several Surveyors so authorized, or any three or more of them as aforesaid, are hereby authorized to administer an Oath concerning the Premisses, to any person or persons (other then such as have, or claim to have interest or title concerning such the Premisses 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 be sold and disposed of, or refuse to deliver such Evidences and Writings concerning the same which are in his custody or power, and do not concern the maintenance or defence of his interest, or such Rents and Profits as he 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 Surveyors, or any of them, in the executing of this Ordinance: Provided that it shall not extend to the imprisoning of any Peer of this Realm.
The Commissioners of Excise to pay interest for the moneys due by this Ordinance.
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 sum or sums of money are due and payable to any person or persons, bodies politique 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 politique and corporate, their Executors, Administrators, Successors or Assignes, at the end of every six moneths during the time that the said sum and sums of money, or any part thereof shall remain unpaid; which Certificate the said Treasurers are hereby authorized and required to make accordingly.
And to pay the principal in course, if not soon paid by the Treasurers.; One fourth part of the whole debt.; The Office of the Register Accomptant.; The Register Accomptant to certifie what debts are justly chargeable with interest.
And in case the whole two hundred thousand pounds, or so much thereof as shall be lent, and the interest thereof, and such other sum and sums as are payable by this present Ordinance for Money, Plate, Horses, with Furniture and Arms, formerly advanced with the interest thereof, shall not be satisfied by the Treasurers aforesaid, before all sums 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 & four hundred pounds for the Widows) shall be by the said Commissioners of Excise paid 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 mony one fourth part of the whole debt that shal 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 paid and satisfied, in such manner as the Treasurers before mentioned were apointed to pay the same; And the said Certificates of the said Treasurers with the Receipt of the respective Lenders, shall be a good discharge to the said Commissioners of Excise and every of them, for their payment of any sum or sums 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 moneys owing by the Parliament to such person and persons as shall advance, or lend any sum or sums of money upon the security of the Bishops Lands, and the grand Receipt of the Excise in course, or which of them shall first be enabled to furnish moneys 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 keep a true and plain 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 person, which shall have advanced or lent moneys 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 Books, 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 Moneys, Plate, or Horses, with their furniture, which hath 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, Moneys, Horses and furniture mentioned therein, were at the daies and times therein contained truly and really lent, and 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 moneys 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 plainly appear how much, and to whom the Parliament is indebted; and when any moneys are paid or issued forth, he shall also make the parties receiving the same debitor upon the same Accompt, and perform all other requisite services appertaining to the said place.
Robert Manwaring.; His Fee.
And the said Lords and Commons taking into their considerations the faithfull and good service of Colonel Robert Manwaring; do hereby constitute and appoint him the said Colonel Robert Manwaring 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 enjoy the same office of Register Accomptant, together with the yearly Fee of Two hundred pounds per annum, payable out of the Rents and proceed out 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 nineth day of September, half yearly by equal portions. And for such Clerks or Under-Officers as shall be 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 think fit to allow.
The Office of Comptroller.
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 himself, or his sufficient Deputies, to keep 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.
The Comptrollers salary.; The Excise to be continued until moneys payable by this Ordinance be satisfied.
And it is further hereby Ordained, That the said John Fowke shall have for his salary the yearly sum 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 principal moneys and the interest herein mentioned, be it Ordered and Ordained, that the Excise and new Impost upon commodities, mentioned in the Ordinance of the eleventh of September, One thousand six hundred fourty 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, until such time as all sums of money payable by vertue of this present Ordinance, shall be paid and satisfied; And the payment of the said Moneys 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 Excise, 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 sum or sums 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 Moneys 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 Principal Money in this Ordinance contained, until such time as the same, together with the Interest, and every part thereof then behind and unpaid, shall be paid unto the Person or Persons, Bodies Politique or Corporate, their Executors, Administrators, Successors, or Assigns, to whom, upon the Certificate of the said Treasurers as aforesaid, the same shall be found due for any sum 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 sum of Money heretofore lent upon the Publique Faith, which with the Interest as aforesaid, is to be paid by vertue of this present Ordinance.
This Ordinance pleadable in all Courts.
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.
Act of Parliament for security of Trustees and Lenders.
And it is also Ordered and Ordained by the Authority aforesaid, That if the Trustees, or any of them, shall require it on the behalf of themselves or the Lenders, one or more Act or Acts of Parliament, or Letters Patents under the Great Seal of England, shall be passed for their or any of their further security.
Printing and publishing of this Ordinance.
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, Towns Corporate, Parishes, Towns 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 always, and be it ordained by the said Lords and Commons, that neither this Ordinance, nor any Branch, Clause, Article, or thing therein contained, shall not extend to the great capital Messuage, with the Appurtenances, scituate in Chancery Lane London, commonly called or known 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 do lodge and reside; nor to any part of Lincolns Inne in Chancery Lane; nor shall in any wise be prejudicial 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 Lincolns Inne within Lincolns Inne aforesaid, any thing in this present Ordinance contained to the contrary thereof in any wise notwithstanding; but that the said Messuage and Lincolns Inne aforesaid, with the Appurtenances, shall continue and be Houses of lodging and residence to and for the said Judges and Serjeants, and others of Lincolns Inne aforesaid, and for their use and benefit, in such manner as they have been used and accustomed at and under the yearly 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 Survivor and Survivors of them, their Heirs and Assigns, shall dispose of the said Messuage with the Appurtenances from time to time, as by the said Judges and Serjeants for the time being shall be directed and appointed; saving to all and every person and persons, other then the said Bishops and their Successors, all such Right, Title, and Interest, as they or any of them have or ought to have to and in the Premisses.
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 Premisses.
Former Stewards to continue.
Provided always, That this Ordinance shall not extend to the putting 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 remain 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 Comptrol upon the Accompts of all Moneys to be received and paid by or to the Treasurers appointed by this present Ordinance.
1. That the Comptroller by himself, or his sufficient Deputies, attend daily according to the usual 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 Books, to be provided and kept for that purpose.
2. That every Tenant of the premisses, or any part thereof, and every Purchaser of the premisses, or any part thereof, upon every payment of any sum of moneys that he shall make to the Treasurer, shall enter his Acquittance with the Comptroller, which the Comptroller shall enter without Fee.
3. That the said Treasurers, or their Clerk to the Cash, shall weekly upon every Munday morning deliver the Comptroller, or his Deputy a Copy of all Receipts, Payments, and Disbursments, and to whom, during the preceding week; which the Comptroller is hereby required to enter in a Book to be kept for that purpose: And that no Payment to be made by the said Treasurers shall be allowed upon their Accompt, unless an Accompt thereof be weekly given as aforesaid.
4. 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 Moneys payable upon any such particulars contracts, or bargains made by vertue of this Ordinance, which shall be forborn upon security, and how, and by whom the same is secured, and at what time payable; which Certificate the Comptroller shall enter in a Book 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 sworn 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, break 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 Archbishops and Bishops in possession, shall not be sold under ten years purchase, of the full values they were at in the year 1641. The same Rule to be observed proportionably in the sale of Reversions, expectant upon Estates for Lives or Years.
That the due respect to be had by the Contractors to the immediate Tenants of any of the late Archbishops or Bishops, shall be in admitting them to the pre-emption of those Mannors, Lands, Tenements, and Hereditaments wherein they have any interest, so as the said Tenants do come within thirty days after the return of the Certificates by the Surveyors, and agree to purchase the same: And in case they do not agree within the said thirty days, that then the Contractors do 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.
Security to the Treasurers.
That upon the sealing of the assurance, the Purchaser shall pay half his purchase Money down, and the other half within six Moneths: And for the last payment, the Contractors shall take care, that they take good security, either by the Land it self, or else by personal security. The same security to be given to the Treasurers.
That in all cases where any person or persons that have lent any Moneys upon this Ordinance shall be Purchasers, their Moneys 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 Purchaser shall be allowed Interest for it until the end of six Moneths, wherein the remainder or total of the purchase Money is to be paid.
Instructions for the Surveyors of the late Archbishops and Bishops Lands, which are to be surveyed.
1, 2, 3, or more Surveyors.
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 think fit: and that the surveys and returns made by any such one, two, three, or more Surveyors, shall be good and effectual 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 enquire what Timber, Buildings, open Quarries, or Mines are upon any of the Premisses, and certifie the condition and values thereof.
Surveyors not to be purchasers.
That no Surveyor, or any his Child 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 himself, upon pain 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 compel the Surveyors to make any admeasurement of the Lands, or any particular Survey of the number of Acres, unless they in their discretion shall think fit; the intention of the Houses being, that the said Surveyors should make a speedy return of their several surveys, to the end that a speedy sale may be made thereupon.
Instructions to be observed by the Register.
To receive and register all surveys.
That he do receive all Surveys, and Certificates to be returned by the Surveyors, and immediately after the receipt thereof, fairly enter and Register the same in Books to be kept by him for that purpose, and in an orderly manner file, bundle up, and safely lay up and keep the Originals.
And certifie them to the Contractors.
2. That he do weekly, or oftner certifie unto the Contrators what Surveys and Certificates are returned to him, and of what Mannors, or otherwise as the case shall require.
And make forth particulars.
3. That upon Warrant and Direction from the Contractors, he do make forth, and fairly ingross in Parchment, particulars of all such Mannors, Lands, Tenements, and Hereditaments, Buildings, Woods, or other things surveyed 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 sign the same particulars, and deliver them to the Contractors.
Particulars to be returned to the Register.
4. That upon Contract or Agreement made by the Contractors for any Mannors, 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 Purchaser thereupon.
Rating the particulars.
5. That upon return thereof, he do forthwith rate the particular, and ascertain the purchase Money, how much it comes to, at how many years purchase the particulars contracted for are sold, and enter the same upon the said particular, together with such other proceedings as shall be required by the Contract.
The Trustees to draw up and seal Conveyances.
6. That he do return the particular thus rated and ascertained to the Contractors, who are to sign the same, to attest the Agreement, and thereupon to desire and give Warrant to the Trustees to draw up and seal Conveyances thereof to the Purchasers accordingly.
Particulars to be registered and delivered to the Trustees
7. That all particulars thus finished, together with all proceedings thereupon, be fairly 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.
Register or his Deputy to attend the Contractors.
8. 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) to the Parliament, himself, or one of his Deputies, are to attend upon, and enter all Orders and Proceedings before the Contractors.
Certificate to the Treasurers of rents and monies payable.
9. That he do weekly make Certificate to the Treasurers, Comptroller, and Register Accomptant, of all Rents, and all Rates, of particulars, and of all Moneys payable upon any Contract upon any particular, how much thereof is to be paid in hand, and how much to be forborn, and for what time, and how, and in what manner the sum or sums to be forborn are to be secured.
To methodize writings.
10. That he do methodize and put in good order all Charters, Evidences & 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 do desire it) of whatsoever shall be brought into the Registers Office, and be under his charge and custody.