October, 1646.
[9 October, 1646.]
The name and title abolished.; The Lands possessions and evidences of Bishops setled in Trustees.; Trustees names.; The Lands which the Bishops held of the King to be holden as of the Mannor of East Green wich in soccage.; And the Lands holden of other Lords, to be holden by the Rents and Services accustomed.; And discharged of Tithes.; The Trustees to name Surveyors.; To put the deeds in safe custody.
For the abolishing of Archbishops and Bishops, and providing
for the payment of the just and necessary debts of the Kingdom,
into which the same hath been drawn by a War, mainly 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 Kingdom of England, and
Dominion of Wales, be from and after the fifth day of September
in the year 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 Diocess, now established or erected, or to be established or erected within the Kingdom of England, Dominion of
Wales, or Town of Berwick, or to use or put in use any Archiepiscopal or Episcopal Jurisdiction, or authority, by force of any
Letters Patents from the Crown, made or to be made, or by any
other authority whatsoever, any Law, Statute, Usage, or Custom
to the contrary notwithstanding. And be it further Ordained,
and it is hereby Ordained, that all Counties Palatine, Honors,
Mannors, Lordships, Scites, Circuits, Precincts, Castles, Granges,
Messuages, Mils, Lands, Tenements, Meddows, Pastures, Parsonages, appropriate Tithes, Oblations, Obventions, Pensions, Portions
of Tithes, Parsonages, Vicarrages, Churches, Chappels, Advowsons,
Donatives, Nominations, Rights of Patronage and Presentation,
Parks, Woods, Rents, Reversions, Services, Annuities, Franchises,
Liberties, Priviledges, Immunities, Rights of Action and of Entry,
Interests, Titles of Entry, Conditions, Commons, Courts Leet, and
Courts Baron; and all other possessions and Hereditaments
whatsoever, with all and every of their appurtenances of what
nature or quality soever they be, 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 premisses, or any of them, which do belong to any
the said Archbishops, or Bishops, Archbishopricks & Bishopricks
are vested and setled, adjudged and deemed to be, and are hereby
in the real and actual possession and seisin of Thomas Adams
Alderman, now 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 Gibbes Alderman, Sam. Avery Ald. Tho. 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; And that they the said Thomas
Adams, now Lord Mayor of the of City London, Sir John Wollaston
Knight, Sir George Clark Knight, John Langham Alderman,
John Fowke Alderman, James Bunce Alderman, William Gibbes
Alderman, Samuel Avery Alderman, Thomas Noel, Christopher
Pack, John Bellamy, Edward Hooker, Thomas Arnold, Richard
Glide, William Hobson, Francis Ash, John Babington, Laurence
Bromfield, Allexander Jones, John Jones, Richard Venner,
Stephen Estwick, Robert Mead, and James Story, and the
Surviver and Survivers of them and their Heirs, and Assigns,
shall hold all such the premisses as are now held of the King, of
the King his Heirs and Successours, as of his Mannor of East
Greenwitch, in Fee and common soccage by fealty, and the
Annual Rents therefore respectively due, and payable within ten
years 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 Heirs, Assigns, Farmers, and Tenants,
shall also have, hold, and enjoy the premisses, and every of them
freed, acquitted and discharged of, and from the payment of
Tithes, as fully as the said Archbishops, and Bishops did hold
and enjoy, or ought to hold and enjoy the same, at any time
during the space of ten years aforementioned, or any time since.
And it is further by the same authority Ordained, that the said
Trustees, shall have power and are authorized, to make, nominate,
and appoint from time to time, fit and able persons, such as they shall
think fit, to survey the premisses in any County or Counties of
England and Wales, and to hold Court of Surveys and to demand,
receive, and in safe custody to put all the said Charters, deeds,
books, accompts, rolls, writings, and evidences, that they may be
put in such place in the City of London, as the said persons beforenamed, or the major part of them shall order and appoint; And
the said Trustees or any three or more of them, as aforesaid, are
hereby authorized and required to administer an Oath unto all
and every the Surveyors, who shall take the same before he shall
execute the said place in these words, viz.
The Surveyors' Oath.
I A. B. do swear, that I will faithfully and truely according to
my best skill and knowledge, execute the place of a Surveyor,
according to the purport of an Ordinance, entituled, An Ordinance
of Parliament for the abolishing of Archbishops and Bishops
within the Kingdom of England and Dominion of Wales, and for
setling of their Lands and possessions, upon Trustees, for the use
of the Commonwealth. I shall use my best endeavour and skill
to discover the estates 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 gift or reward, directly or indirectly,
from any person or persons whatsoever.
The Trust.; Due respect to Tenants.; Leases not exceeding three lives of one and twenty years, whereupon the old rent is reserved, are not to be avoided.; Leases made since the first of December, 1641, by Bishops to be void.; Those that have surrendred their old since December 1641. shall enjoy their old Leases.; Saving the right of all persons other then the King and Bishops.; Saving to such persons as have adhered to the Parliament, such estates as they have forfeited for non-payment of Rent.; Duresmehouse.
Nevertheless it is declared and ordained, that the said persons
before named, their Heirs and Assigns, shall have and hold the
premisses 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
do declare, that due respect shall be had towards such persons
and their assigns as are interested in the premisses by vertue of
any demise heretofore made, Provided that the said Trustees
their Heirs or Assigns shall not avoid any leases made for any
Term or Estate, not exceeding three lives, or one and twenty years
in possession, or in such manner as that together with the lease
in being shall not exceed three lives or one and twenty years, so
as the old and accustomed rent and rents, or so much rent and
rents, as the antient and accustomed rent amounteth unto, be
reserved payable during the said voidable Term and Terms or
estates, and so as the said Leases have not been procured or purchased of any Bishop, since the first day of December, Anno.
Domini. 1641. And be it further Ordained by the authority
aforesaid, that if any Archbishop, or Bishop, have at any time
since the first day of December, Anno Domini. 1641. made any
grant or lease to any person or persons, body politique or corporate, of any the Honors, Mannors, Lordships, Messuages, Lands,
Tenements, and Hereditaments, or any other the premisses aforesaid, or any of them in right of their Archbishopricks or Bishopricks, the same grant or lease shall be utterly void and of none
effect; and the person or persons, body politique or Corporate
unto whom the same was made, shall have no benefit thereby:
Provided and be it ordained, and it is hereby ordained, that if any
person or persons, body politique or Corporate, at any time or
times since the first day of December, in the year of our Lord
God, 1641. who had any grant or lease for one or more life, or
lives, or any number of years 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 void, 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 Heirs,
Successours, Executors, Administrators, and Assigns, shall have,
hold, possess, and enjoy, such time and term, as he or they had
in any part of the said premisses by vertue of any such former
grant, or lease, in such sort and manner as he or they should have
had, held, and enjoyed the same, if no such surrender had been
made, subject nevertheless to such payments of rent and other
services, and such covenants, conditions, and agreements as in the
said former Grants or Leases were expressed and contained, saving
unto all and every person and persons, their Heirs, Executors, and
Administrators bodies politique and corporate, and their Successors, other then the King, his Heirs and Successors, all Archbishops, and Bishops, and other then the founders and donors as
founders and donors of and to the said Archbishopricks, and
Bishopricks, and their Heirs, all such right, title, interest
possession, rights in Law, or equity, entries, annuities, com
modities, fees, and other profits which they or any of
them before the said first day of December, 1641. ought lawfully to have had in or to the Premisses, or any part or parcel
thereof, as if this Ordinance had never been had or made;
also saving to all such person or persons as have adhered to the
Parliament, all such estate as he or they since the first
day of May, Anno Dom. 1641. have forfeited or made
forfeitable, for non-payment of Rent, or not performing of services
to any Bishop or Bishops, except it be in the case of a Lease
made utterly void by this Ordinance, by reason the same hath
been procured or purchased of any Bishop since the aforesaid
first day of December, Anno Dom. 1641. and likewise saving to
Philip Earl of Pembroke & Montgomery, and his Heirs, all such
right as he and they have to the Messuage called Duresme-House,
and certain Stables, late of the possessions of Thomas Bishop of
Duresme, scituate in the Parish of St. Martins in the Fields, in the
County of Middlesex, lately granted by Act of this present Parliament; this present Ordinance, or any thing therein contained in
any wise notwithstanding.
Rents payable to charitable uses to be continued.; Sheriffs to present to the Judges a fit person to perform the office of the Ordinary.; Commissions upon the Statute of charitable uses.
Provided also, and it is hereby further ordained by the Authority aforesaid, That all and singular Revenues, Rents, Issues, Fees,
Profits, sums of Money, and allowances whatsoever, as have heretofore been, and now ought to be paid, disposed and allowed unto,
and for the maintenance of any Grammar School, or Schollers, or
for or toward the reparation of any Church, Chappel, High-way,
Cause-way, Bridges, School-house, Almes-house, or any other
charitable or pious use, or for maintaining of any Lecture, or
Preachers, payable out of any the Premisses, or which are chargeable, or ought to issue out of, or to be paid for, or in respect of
the said Premisses, or any of them, shall be, and continue to be
paid and allowed as they were and have been heretofore, any thing
in this present Ordinance to the contrary in any wise notwithstanding. And it is further Ordained, That the Sheriff of every
County and Place, who is to attend the respective Courts where
any Felony is to be tryed and determined, shall provide and
present to the Judge or Judges of such Courts, some able and fit
person to do such things as by the Office of the Ordinary have
been used to be done; which person and persons shall have
Authority, and are hereby enjoyned to perform that service in
such manner as the respective Ordinaries heretofore have used to
do. 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 usual course.