September, 1648
[21 September, 1648.]
Ordinance to explain the one for Conveying Bishops Lands to the Contractors, in Lieu of their Salaries.
Whereas some Doubts have been made, concerning several
Clauses in the Ordinance of the 14th of April, 1648, abovementioned: For the better clearing whereof, be it Ordained, by the
Lords and Commons assembled in Parliament, and by Authority
of the same, That Henry Elsinge, now Register of and concerning
the Lands and Possessions of the late Archbishops and Bishops,
and all and every other Register for the Time being, from Time
to Time, upon Request made by the Contractors aforesaid, or of
any of them, their and every of their Heirs, unto the said Henry
Elsinge, or other Register for the Time being, shall cast up what
Sum or Sums of Money are or hereafter shall grow due unto the
said Contractors, their or any of their Heirs, or any of them,
making such Request as aforesaid, and shall likewise, upon the
like Request or Requests as aforesaid, from Time to Time, make
One or more Certificate or Certificates to the Trustees for Sale of
the said late Archbishops and Bishops Lands, Tenements, and
Hereditaments, of what and how much is due unto every
Contractor for his Salary; whereupon the said Trustees, or any
Five or more of them, upon the like Request of the Contractors,
or any of them, or any of their Heirs, made unto them, or any
Five of them, shall, from Time to Time, convey, settle, and
assure, by good and sufficient Conveyances and Assurances, out
of such of the said late Archbishops and Bishops Manors, Lands
Tenements, Hereditaments, are as yet unsold, unto the said
Contractors, and every of them, their and every of their Heirs,
or to such other Person or Persons as they or any One or more
of them under their Hands and Seals shall nominate, and to
their Heirs and Assigns, such Parcel and Parcels thereof as the
said Contractors, or any of them, or their or any of their Heirs
shall require, not exceeding the value of Fourscore Pounds per
Annum in Possession or Reversion, proportionably to each Contractor, and each of their Heirs and Assigns respectively, not
under the Rates in the Ordinances of the 17th of March, 1647,
and the 14th of April, 1648, set forth and expressed,
whereof no Particular signed by the Register hath been or shall
be taken forth by any Persons or Persons within Threescore
Days after Return and Publication of the Survey or Surveys
wherein the same are or shall be comprized: And if it happen
that the said Manors, or Parcel and Parcels of Land aforesaid,
cast up after the Rates beforementioned, shall amount unto
more than shall be then due unto the said Contractors or their
Heirs respectively for their Salaries, that then the said Trustees,
or any Five or more of them, shall and are hereby required to
take Security, by a Demise or Demises, or Lease or Leases, of
such proportionable Part of the Manors, Lands, Tenements, and
Hereditaments, conveyed as aforesaid, as by the said Register, or
other Registers for the Time being, shall be set forth and certified unto them to be competent for that Purpose, to secure the
Payment of the Overplus Money that shall be due for the said
Lands, over and above what shall be due unto the said Contractors, and every of them, for his Salary; which Overplus
Money, if any, the said Contractors, or any of them, their and
every of their Heirs and Assigns, shall and have hereby Liberty,
for the Space of Three Years after every such Conveyance,
and Conveyances, made and to be made as aforesaid, to pay or
cause to be paid to the Treasurer or Treasurers for the said
Bishops Lands, in Part or in all, either by Allowance or Defalcation to be made to such Contractor or Contractors, his and
their Heirs and Assigns, of such Salary as shall appear by
One or more Certificates from the Register for the Time being,
to the said Treasurer or Treasurers, to be due to such Contractor
or Contractors, for their further Service in the Sale of the said
Bishops Lands, or by Defalcation upon Bills or Receipts for
Money lent upon the Security of the said Lands, or in Ready
Money; such Demise or Demises, Lease or Leases, to be made
for Security as aforesaid, shall not exceed the Number of Fourscore and Nineteen Years from the making thereof, and shall
commence Three Years after the Sealing and Delivery of the
same; in which Demise or Lease, Care shall be taken, that if any,
some, or all, of the said Contractors should die, or be discharged
from being a Contractor or Contractors within the said last
Three Years, that then such Overplus Monies aforesaid, as shall
be from him or them, or his or their Heirs and Assigns,
respectively due, shall, within Six Months within such dying or
being discharged, be duly and truly satisfied and paid unto the
Treasurer or Treasurers as aforesaid: And because it may fall
out that the said Fourscore Pounds per Annum may be Parcel
of the Manor and Manors, and that the Manors, and the
Royalties, Services, and Lease Lands thereof, remaining then
unsold, are, by the said Ordinance of the 14th of April, 1648, to
be granted together, and not severed, the whole Value of such
Manors, Royalties, Services, Demesne Lease Lands, in Possession
and Reversion, may exceed the Value of Fourscore Pounds per
Annum as aforesaid; it is therefore hereby further Ordained
and Declared, That the said Contractor and Contractors, and
every other Person or Persons to be nominated by them as aforesaid, their Heirs and Assigns, shall, in Defalcation, in Bills or
Receipts, or in Monies as aforesaid, pay and satisfy to the
Treasurers the One Moiety of the Purchase-money of the said
Lands, exceeding the said Fourscore Pounds per Annum, upon
Sealing of the Assurance, and shall secure the Second Moiety
of the Purchase-money, exceeding the said Value of Fourscore
Pounds per Annum, to be paid or defaulked at the End of Six
Months from the Sealing, in like Manner as is done by other
Purchasers; Nevertheless, the Fourscore Pounds per Annum as
aforesaid, and allowed to be conveyed to each respective Contractor, or other Person or Persons to be nominated as aforesaid
their Heirs and Assigns, for and towards his and their Satisfaction of their respective Salaries, is to be defaulked or paid for,
and secured in such Manner as before is herein and hereby
appointed, and not otherwise: And be it lastly Ordained and
Declared, by the Authority aforesaid, That the said Contractors,
and every of them, and their several Heirs, and all Person and
Persons to be nominated as aforesaid by them or any of them,
their Heirs and Assigns respectively, shall have like Benefit,
Advantages, and Allowances, for Reprises or Lands conveyed to
them, and afterwards recovered from them, and of all Ordinances
made, or to be made, for the Sale of the said Lands and
Possessions, as any other Purchasers of any the Lands and
Possessions of the said late Archbishops and Bishops, their Heirs
and Assigns, have or may or ought to have; and that all Conveyance and Conveyances by virtue thereof, or of the said former
Ordinance of the 14th of April, 1648, to be passed, shall be good,
valid, and effectual, and shall be made and passed in as ample
and beneficial a Manner, to all Intents and Purposes, as any
Conveyance or Conveyances to any other Purchaser or
Purchasers have at any Time been, by the said Trustees, or any
Five or more of them, made and allowed of; any former or other
Ordinance or Ordinances concerning the said Lands and
Possessions, or any Clause, Article, Matter, or Thing, in them or
any of them contained, notwithstanding.