July 1649
[16 July 1649.]
King, Queen, &c. Authors of the late Wars.; 600000 l. charged on the Excize, now charged on the Security of this Act.; 1 April 1635.; 26 March 1641.
Whereas the Parliament of England hath been necessitated, for
their just and lawful Defence, and preserving of the Laws and
Liberties of this Nation, to raise and maintain several Armies and
Forces, by reason whereof, they have contracted very great Debts;
and conceiving themselves engaged both in Honor and Justice to
make due satisfaction unto all Officers and Soldiers for their Arrears,
taking into consideration the many great and faithful services done
and performed by those Forces, and more especially by the Army
under the Command of Thomas Lord Fairfax; by which (through
the blessing of God on their endeavors) the Parliament is put into
a capacity of setling the people of this Nation in, and restoring
them unto their just Liberties and Freedoms: And whereas th
late King, the Queen and their eldest Son, have been the chie
Authors of the late Wars and troubles, by whom, in whose behalf,
and for whose Interest principally the same hath been unjustly
raised, fomented, continued and renewed, and therefore in all
Justice and Equity ought to bear the burthen of the said Debts,
and their Estates in the first place to be applyed to take off and
discharge the same, it being the duty, and especial care and endeavor
of the Parliament, that the people should not in any sort be taxed
and charged, but in cases of inevitable necessity, and when other
ways and means are wanting: And for as much as the Parliament,
finding the Office of a King in this Nation to have been unnecessary,
burthensom and dangerous, hath utterly abolished the said Kingly
Office; Be it therefore Enacted and Ordained by this present
Parliament, and by authority of the same, That for further and
better security for the said Arrears, the Six hundred thousand
pounds, heretofore charged by Ordinance of Parliament of the
Four and twentieth day of December, One thousand six hundred
forty seven, upon the Receipts of the New Excize and Impost, and
other Securities in the said Ordinance specified, to be imployed
towards the satisfaction of the Arrears of the Supernumerary Forces
then to be disbanded, and of those that were then to be continued,
together with such further and other sum and sums of money, as
shall be found requisite and necessary, fully to satisfie and pay the
Arrears due unto those for whom that Six hundred thousand pounds
was assigned as aforesaid, shall from henceforth stand and be charged
upon the Honors, Manors, Castles, Houses, Messuages, Parks and
Lands (except as hereafter in this Act is excepted and provided for)
and all Tenements and Hereditaments, Royalties, Priviledges,
Franchises, Immunities and Appurtenances to the said Honors,
Manors, Castles, Parks, Messuages and Lands, or any of them,
belonging or appertaining, or heretofore lawfully used, occupied
and enjoyed with them or any of them, as part or parcel thereof,
heretofore belonging unto the late King Charls deceased, either
in the Right of the Crown, or of the Dutchy of Lancaster, or unto
Henrietta Maria, the Relict and late Queen of the said late King,
or unto Charls Stuart their eldest Son, either as Prince of Wales
Duke of Cornwal, or Earl of Chester, or otherwise belonging to them
or any of them, and which were in the actual seisin or possession
of them or any of them, or of their or any of their Tenants, Agents,
Servants, Trustees, Officers or Ministers, in their Right, or for their
use, or in trust for them or any of them, on the First day of April,
in the year of our Lord, One thousand six hundred thirty five,
or at any time since, or for which they have been answered the
profits, or have otherwise received the same in the year aforesaid
or any time sithence; and upon all the Lands, Rights and Hereditaments in all Chases, which upon a just survey of the same shall be
found to have been justly belonging to the said late King, Queen
and their said eldest Son or any of them as aforesaid, since the Six
and twentieth of March, One thousand six hundred forty one, and
are now disposeable for the use of the Commonwealth, in such
maner as is hereafter expressed.
The Names of the Trustees.; Saving.
And to the intent the same may be effectual Security for the
purposes aforesaid, Be it Enacted by the Authority aforesaid, That
all the said Honors, Manors, Castles, Houses, Messuages, Chases,
Parks and Lands (except as hereafter is excepted and provided for)
and all Tenements and Hereditaments, Royalties, Priviledges,
Franchises, Immunities and Appurtenances to the said Honors,
Manors, Castles, Parks, Messuages and Lands, and to all and every
or any of them, belonging or appertaining, or heretofore lawfully
used, occupied and enjoyed with them or any of them, as part or
parcel thereof, be and are hereby vested and setled, and adjudged
and deemed to be, and are hereby in the real and actual possession
and seisin of Thomas Coke of Pedmarsh in the County of Essex,
William Bosevile, John Sparrow of Gestrop in the County of Essex,
William Kenrick of in the County of Kent, Ralph Harrison
of the City of London, William Scot of the Inner Temple London,
Esqs; William Steel, Esq; Counsellor at Law, Silvanus Taylor
of Westminster, Thomas Hubbard of Moor-fields, in the County of
Middlesex, Cornelius Coke of the Borough of Southwark, Esqs;
Sir Henry Holcroft of Long-acre in the County of Middlesex, John
Hunt of London Gent, and Sir Edward Barkham Baronet, the
Survivors and Survivor of them, their Heirs and Assigns, for the
uses and purposes above specified, and hereafter expressed; saving
to all and every person and persons, their Heirs, Executors, Administrators, Bodies Politique and Corporate and their Successors, other
then the said late King, Queen and their said Son, their or any of their
Heirs, Executors, Administrators and Successors, and all claiming
from, by or under them, or any of them, since the Six and twentieth
day of March, in the year of our Lord, One thousand six hundred
forty one, all Right, Title, Interest, Possession, Rights in Law or
Equity, Entries, Annuities, Commodities, Fees, and other Profits
which they or any of them now have, and of Right ought to have
and enjoy, before the said Six and twentieth day of March.
This Act not to impeach any grant made by this Parliament.
Provided always, That this Act, or any thing therein contained,
shall not in any wise impeach, make void or null any Grant, Interest
or Estate, made, granted or confirmed, or mentioned to be made,
granted or confirmed under the Great Seal of England, by authority,
advice and consent of this present Parliament.
Satisfaction to be allowed those who have Title or Interest in any Chase or Park.
Provided also, That where any person or persons do lawfully
claim any Right, Title or Interest, of, in and to any Chase or Park,
by vertue or in right of any Office thereunto belonging, the Exercise
whereof is now ceased, or which by vertue of this Act, or any thing
therein contained, shall cease to be of further use, That in every
such case the said Trustees, or any five or more of them, together
with the said Contractors, or any five or more of them, shall in
lieu and consideration thereof, make such allowance to every such
person and persons in some proportion of the said Lands and premises, or in moneys to be raised by sale thereof, as the said Trustees
and Contractors shall judge reasonable, with regard unto the
value of their respective Interests, so as such allowance for and in
lieu of the whole Rights, belonging to the custody of any of the said
Chases and Parks, and all the Offices thereunto belonging, do not
exceed a Fifth part of the real value of the said several Chases and
Parks respectively (the Houses and Timber thereupon being
excepted and foreprized) and that upon and in consideration of
the said allowances, the Right, Title and Interest of every such
person and persons, their Heirs, Executors, Administrators and
Assignes, shall cease and determine; and they and every of them
shall be for ever thereby concluded and debarred from making
any further Claim and Demand thereunto: In making all which
allowances, the said Trustees and Contractors shall from time to
time observe and pursue, in reference to every such person and
persons, and his and their Claim, such Directions and Instructions
as shall be given unto them by the Parliament.
This Act not to extend to Rents due to the Commonwealth, if not reserved in the Crown.; Trusts.
Provided also, That this Act, or any thing therein contained,
shall not extend to any Fee-farm Rents, or other Rents now due
and payable to the Commonwealth out of any such Manors, Lands,
or other Hereditaments, where there hath not been reserved in
the Crown any Right or Propriety in or to such Manors, Lands or
Hereditaments, other then the Rents reserved: And the said
Trustees, their Heirs and Assignes, Farmers and Tenants, shall
hold and enjoy all and singular the said Lands and premises,
and every part and parcel thereof, as of the Manor of East-Greenwich in Free and Common Soccage, by Fealty onely, and by no
other Tenure whatsoever; and likewise freed, acquitted and discharged of and from payment of Tythes, as fully as the said late
King, Queen, their said eldest Son, or any of them did or might
hold and enjoy, or ought to have held and enjoyed the same:
Nevertheless, upon trust and confidence that the said persons
before-named for Trustees, the Survivors and Survivor of them,
and their Heirs, shall have, hold and enjoy all and singular the
premises, and every of them, subject to such trust and uses as by
this present Act is, and by the authority aforesaid further shall be
declared and appointed, and shall dispose of the same, and the
Rents and profits thereof, as by the Authority aforesaid now is,
and further shall be Ordered and appointed.
Trustees to stand seised, till sale.
And for the better Encouragement and Security of such person
and persons as shall be Purchasers of the said Lands and premises,
or any of them, Be it Enacted, Ordained and Declared by the
authority aforesaid, That the said Thomas Coke, and other the
persons before named as Trustees, the Survivors and Survivor of
them, and the Heirs of the said Survivor of them, shall stand and
be seised of all and singular the said premises vested and setled in
them and their Heirs as aforesaid, until sale and conveyance
thereof made unto such person or persons, Bodies Politique or
Corporate, as shall be Purchaser or Purchasers thereof, or of any
part thereof, for the paying and satisfying the Arrears due to the
respective Officers and Soldiers appointed and intended by this
Act to be satisfied and paid as aforesaid; and of the remainder or
surplusage of the said Lands and premises that shall be left
unsold, after due satisfaction made of the Arrears as aforesaid;
to such further use and uses as shall hereafter be declared by the
authority aforesaid; and of the further surplusage (if any be)
to the use and benefit of the Commonwealth.
Trustees enabled to keep Courts of Survey.; Ordinance 16 Nov. 1646.; Sheriffs, Majors, Bayliffs, Justices of the Peace, to assist Surveyors in executing this Act.; Trustees to administer an Oath to the Surveyors.
And be it further Enacted and Ordained, That the said persons
aforementioned as Trustees, or any five or more of them, shall
have power and authority to make, nominate and appoint from
time to time, by writing under their Hands and Seals, fit and able
persons, such as they shall think fit, to survey the premises in any
county or counties of England or Wales, who are hereby enabled
and authorized to keep Courts of Survey, for the better discovery
of the premises, and the value thereof, and other things concerning the same; and who are hereby authorized, enabled and
required to observe and keep in relation to the said service, such
Rules, Directions and Instructions, as the Surveyors of the late
Bishops Lands are appointed to observe, in relation to the surveying of the said Bishops Lands, and are expressed and mentioned
in an Ordinance of Parliament, dated the Sixteenth day of November, One thousand six hundred forty six, Entituled, An Ordinance
of the Lords and Commons assembled in Parliament, for appointing the Sale of the Bishops Lands for the use of the Commonwealth: And they or any three of them are hereby authorized and
enabled to execute, and put in execution, for or concerning the
premises or any part thereof, all and every the powers and
authorities that the aforesaid Surveyors of Bishops Lands, or any
three of them may or might have done, for or concerning Bishops
Lands, by vertue of any power or authority given them by the
said Ordinance and Instructions: And all Sheriffs, Majors,
Bayliffs, Justices of the Peace, and other persons, are hereby
required to be ayding and assisting to the said Surveyors or any
of them, in the executing of this Act: And the said Surveyors
are hereby authorized to demand, require, receive and put into
safe custody the Charters, Deeds, Books, Accompts, Rolls, Writings and Evidences that concern the premises, or any part
thereof, to the end the same may be put into such place as the said
Trustees or any five or more of them shall appoint: And it is
further Enacted, That the said Trustees, or any three or more of
them, are hereby authorized and required to administer to all and
every the said Surveyors (who are enjoyned to take the same) an
Oath in hœc verba (viz.).
The Surveyors Oath.
I A.B. do swear, That I will by the help of God, faithfully and
truly, according to my best skill and knowledge, execute the place
of Surveyor, according to the purport of the Act, Entituled, An
Act of the Commons in Parliament assembled, for sale of the
Honors, Manors and Lands heretofore belonging to the late King,
Queen and Prince: And shall use my best endeavor and skill, to
discover the Estate herein 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
Surveys, according to my best skill and cunning, and the same
from time to time to deliver, or cause to be delivered in writing
close sealed up, unto the Register for the time being in that behalf
appointed; and also a true Copy or Duplicate thereof close
sealed up, unto the said Trustees, or any two of them: And this
I shall justly and faithfully execute, without any gift or reward
directly or indirectly, from any person or persons whatsoever
(except such allowances as the said Trustees, or any five or more
of them shall think fit to make unto me for my pains and charges
in the executing of the said place and Office.)
Trustees to call Surveyers to accompt.; Trustees to take such Council and appoint such Stewards as they shall think fit.
And the said Trustees, or any five or more of them, are hereby
authorized from time to time to call to accompt any Surveyor or
Surveyors, or other Officers by them named and appointed; and
if they shall finde them or any of them deficient, negligent or unfaithful in pursuance of the duty or trust in them reposed, that
then they shall and may remove them, orany of them, which they
shall so finde deficient, negligent or unfaithful, and nominate and
appoint others in their stead. And it is further Enacted, That
the said Trustees, or any five or more of them, are hereby
authorized to take unto them such Councel-Learned, to advise
upon the premises; and to appoint such Stewards of Manors, and
other Officers for or concerning the premises, as any five of more
of them shall think necessary, and to give such Fees, and make
such Allowances to them or any of them, as they shall hold fit
and necessary.
Stewards made by Ordinance of Parliament formerly, not to be put out.; Ordinance 2 Decem. 1647.
Provided always, That this Act shall not extend to the putting
out of any Stewards of any Liberties or Courts, or other Officers
formerly appointed and made by vertue of any Ordinance or
Authority of Parliament, but that they shall continue and be,
during such time as the said Liberties, Courts and Offices shall
remain, and be in the hands of the said Trustees: And that they
shall have and receive all such fees, profits and allowances as formerly were allowed them, This Act, or any other thing to the contrary notwithstanding; except where the said Trustees shall
finde any of the said Officers deficient, negligent, unfaithful or
disaffected. And it is further Enacted, That the said Trustees,
or any five or more of them, shall have like power and authority,
and are hereby required and authorized to observe such Orders
and Directions in relation to the premises, as the Trustees for
Bishops Lands might or may observe and keep, in relation to the
sale of the said Lands; which are contained in an Ordinance
of the second of December, One thousand six hundred forty
seven, Entituled, An Ordinance for removing Obstructions in the
Sale of Bishops Lands.
Col. William Web Surveyor-General.
And whereas by reason of the many neglects and imperfections
in the surveys of the late Bishops Lands, the sale of the same
hath been much retarded; Now for prevention thereof in the sale
of the premises, It is further Enacted and Ordained by the
authority aforesaid, That Colonel William Web shall be Surveyor-General of all the said premises, who is hereby authorized
and required to observe the Instructions for the SurveyorGeneral mentioned in this Act. And to the end the Surveys
may be speedily perfected, Be it Enacted, That the Trustees and
Register hereafter appointed by this Act, are hereby enjoyned
forthwith after the return of any Surveyor or Surveys unto them,
to send them unto the said Surveyor-General as they come to their
hands.
Instructions for the Surveyor-General.
Instructions for the Surveyor-General.
First, The said Surveyor-General shall within six days next
after he shall so receive any of the said Surveys, peruse them,
and shall return them back to the Trustees and Register, with
his allowance and approbation thereupon, if he finde them fit for
a Purchaser to proceed upon; after which, the Register shall
and may make out a Particular of the whole Survey for the
Purchaser to contract upon.
Secondly, If the Surveyor-General shall finde the Surveys insufficient for to contract upon, That he shall within six days after
receipt thereof, transcribe so much of the Survey as is imperfect,
and return the same unto the respective Surveyors, and certifie
them the causes of his exceptions; who are hereby enjoyned
forthwith to amend the same; but if they cannot, to certifie
him the cause why they cannot amend the same; and in such
case, notwithstanding the imperfections, the said SurveyorGeneral is to return the Surveys to the Trustees and Register,
so that the immediate Tenants of any part of the premises
exprest in the Survey, may proceed to Purchase.
Thirdly, the said Surveyor-General shall and may, with the
consent of any three or more of the Trustees, rectifie and amend
mistakes, errors and other matters (that are not of substance) in
cases where by credible information or proof such amendments
can be made, without any return to the said particular Surveyors. Fourthly, Where any person or persons could not
timely make his or their Estate or Estates appear unto, or enter
his or their Claim, with the particular Surveyors for that place
or County in which the said premises lie, before the Surveys
thereof be returned as aforesaid; yet if such person or persons
shall enter his Claim, and make his Estate appear by due Proof
upon Oath unto the said Surveyor-General, with any three of
the said Trustees (who are hereby authorized to administer the
same) within forty days after the return of the said Survey,
That then the said Surveyor-General shall enter and allow the
same; which being by him certified to the Register and Trustees,
it shall be a good and sufficient ground for the Register to make
out a Particular accordingly, and for the Contractors to contract
upon, and the Trustees to convey.
Fifthly, That the Surveyor-General, with any three or more of
the said Trustees, shall appoint and limit the day and time when
the respective Surveyors shall begin their respective imploy
ments; and how long the same shall continue, and upon just
cause to enlarge the same.
Sixthly, That the respective Surveyors shall from time to time
certifie their proceedings unto the said Surveyor-General, and
keep such correspondence with him, as that he may know in
what place they are, and upon what imployment.
Henry Colbron Register.; To rate and sign particulars.; A hundred pound yearly Fee.; Two pence in the sheet to the Register.; Ord. 16 Nov., 1646.
Be it Enacted and Ordained by the authority aforesaid, That
Henry Colbron shall be Register and Keeper, and shall have the
custody and keeping of all Records, Charters, Evidences, CourtRolls, Leiger-Books, Writings, Books of Survey, Rentals, Certificates, and other things of or concerning any the Honors,
Manors, Castles, Houses, Messuages, Chases, Parks, Lands,
Tenements, Hereditaments, or other the premises herein mentioned and appointed to be sold: And shall from time to time
as aforesaid, deliver unto the Purchaser or Purchasers of the
said premises, or any part thereof, such Records, Writings and
Evidences as concern the premises by him or them purchased:
And that all and every Surveyors of the premises, shall make
their returns of all and every their respective surveys by them
taken from time to time to the said Register, who shall make
entry himself or Deputy of all such Surveys, Certificates and
other proceedings, as shall from time to time be returned by the
Surveyors of the premises, or any three or more of them, being
first allowed by the Surveyor-General: And the said Register
shall also make forth, value, rate and sign, according to the said
surveys returned, all and every particular and particulars of the
premises, or any part thereof, whereupon any Contract or Contracts for sale or otherwise shall or is to be had or made; and
every such particular so rated, valued and signed, shall from
time to time be a good and sufficient ground and authority, for
the Contractors appointed by this Act, or any five or more of
them, to proceed or sell accordingly: And the said Register
shall make Entry of all and every such Contract and Contracts,
and other proceedings thereupon; and the said Register shall
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, payable out of the
Receipts, Rents and Revenues arising out of the premises, by
the hands of the Treasurers herein mentioned, on the first of
January, and the first of July, half yearly, by equal portions;
which said Fee of One hundred pounds, the said Treasurers are
hereby required and authorized to pay accordingly; and that the
Acquittance of the said Register shall be a good Discharge to the
said Treasurers and every of them for the payment thereof: And
the said Register shall have and receive such reasonable Fee and
Fees for writing, rating and signing of the said particular and
particulars, and otherwise in the execution and discharge of the
said Office, as the Committee appointed by Act of Parliament,
for removing of Obstructions in the Sale of Bishops Lands, shall
think fit and reasonable. Provided, That the said Register
shall receive no more then Two pence the sheet, for all things
that are to be copyed, and to write fifteen lines in each sheet,
and the said Register is hereby impowered, authorized and
required concerning the premises, to observe the like Instructions given unto the Register for the sale of Bishops Lands,
expressed and mentioned in the Ordinance of Parliament of the
16 of Novem. One thousand six hundred fort ysix, Entituled,
An Ordinance of the Lords and Commons assembled in Parliament, for appointing the Sale of Bishops Lands for the use of the
Commonwealth.
The Names of the Contractors.; Tenants to subscribe their Contracts within thirty days.; Lands not to be sold under thirteenyeers purchase.; Ord. 2 Dec. 1647.; A Lease for one Life, not under six yeers and an half purchase.; Other Rates prescribed.; The Contractors Oath.
And be it further Enacted by the authority aforesaid, That
Sir William Roberts, John Humphreys Esq; Thomas Ayes
Esq; John White Esq; James Stockal Esq; Edward Cresset
Gent. Sir Richard Saltonstal Knight, Daniel Searl Merchant,
Nicholas Lempriere Esq; Nicholas Bond Esq; Richard Sidenham Esq; and Robert Fenwick Esq.; shall be contractors for
the sale of the premises; and they or any five or more of them
shall have power and authority, and are hereby impowered and
authorized to treat, contract and agree with any person or
persons, Bodies Politique or Corporate, for the sale of the said
premises, or any part thereof, upon such particular, or certificate
and values as shall be delivered in unto them under the Hand
of the Register by this Act nominated and appointed, or his
Deputy. Provided, that the said Contractors shall not treat or
contract with any person or persons, Body Politique or Corporate, other then the immediate Tenant or Tenants of such of
the said respective Lands, Tenements and Hereditaments, except
Parks and Chases, which he or they so hold, for the space of
thirty days, to be accompted from the return of the Surveys
thereof respectively; and in case such Tenant or Tenants do not
agree, contract, and subscribe his or their contract within the
said thirty days, that then the said Contractors may proceed to
the sale there of to any other person or Persons, Bodies Politique
or Corporate whatsoever: And it is further Enacted, That the
said Contractors shall not sell any of the said Lands or premises
in possession, under Thirteen yeers purchase; saving and excepting Castles, Houses and Palaces, according as is directed by an
Ordinance of the Lords and Commons assembled in Parliament,
of the second of December, One thousand six hundred forty
seven, Entituled, An Ordinance of the Lords and Commons
assembled in Parliament, for removing Obstructions in the Sale of
Bishops Lands; and the said Contractors shall not sell a
Reversion of the said Lands and Hereditaments upon a Lease
for one Life, under Six yeers and an halfs purchase; and that a
Reversion of such Lands and Hereditaments upon a Lease for
two Lives, shall not be sold under Three yeers and a halfs purchase; and that a Reversion of the said premises upon a Lease
for three Lives, shall not be sold under Two years and an halfs
purchase; and where any Tenant or Tenants of any the premises,
claim and have a right to have a Customary Estate in Reversion,
or by the Custom may grant or make Leases for Life or Lives,
the Reversion shall be sold proportionably to this Rule: And
the said Contractors shall not sell a Reversion of the said premises
upon a Lease for Seven yeers, under Six yeers and a halfs purchase; and that a Reversion upon a Lease for Fourteen yeers,
shall not be sold under Four yeers and a quarters purchase; and
that a Reversion upon a Lease for One and twenty yeers, shall
not be sold under Three yeers purchase; and all other Reversions
upon Leases for more or fewer yeers, shall be sold proportionably
to this Rule. And it is further Enacted, That the said Contractors named in this Act, shall take the Oath hereafter
expressed, before any three of the said Trustees, in hœc verba,
(viz.)
I A. B. do swear, That I will, according to my best skill and
knowledge, faithfully discharge the trust committed unto me, in
relation to An Act of Parliament, for Sale of the Honors, Manors
and Lands, heretofore belonging to the late King, Queen and
Prince; And that I will not for favor or affection, reward or gift,
or hopes of reward or gift, break the same.
Their power and Instructions.
And the said Contractors are hereby authorized and required
to observe such other Instructions as are mentioned in the Instructions of the said Ordinance, concerning the Contractors for the
Sale of Bishops Lands. And it is further Enacted, That the Contractors hereby nominated and appointed, shall and may, and are
hereby enabled, authorized and required in the like cases that
shall happen before them, in or concerning the said premises, to
observe, put in use and execution the like Powers and Authorities
that the Contractors for the Sale of Bishops Lands do or may do,
by vertue of an Ordinance of Parliament of the second of
December, One thousand six hundred forty seven, Entituled, An
Ordinance of the Lords and Commons assembled in Parliament,
for removing Obstructions in the Sale of Bishops Lands.
Register to appoint a Clerk.; Register, his Deputy and Clerk, to take the Oath mentioned in the Ordinance 5. Martii, 1646.
And for the better carrying on of the said service, Be it further
Enacted, That the said Register shall cause one able and sufficient
Clerk, such as the Contractors shall approve of, to be attending
on them at all their Meetings, and to enter all their Orders and
Proceedings, and to observe and obey such Commands and Directions concerning the premises, as they or any five or more of them
shall direct and appoint: And that the said Books of Entries shall
remain in the custody of the said Contractors, or such of them
as the major part of them shall appoint. Provided, That no
Copies of the said Entries be taken out of the said Books, but by
the said Register or his Deputy, or the said Clerk, who are to
have the use of them for that purpose: And that the said
Register and his Deputy for the time being, and the said Clerk
shall severally take before three of the said Trustees, the Oath
prescribed in the Ordinance of the Fifth of March, One thousand
six hundred forty six, Entituled, An Ordinance of the Lords
and Commons assembled in Parliament, for the better explaining
and executing former Ordinances for the Sale of Bishops Lands.
Contractors not to purchase.
And be it further Enacted and Ordained, That none of the said
Contractors, or any other to their or any of his or their use or
uses, or in trust for them or any of them, directly or indirectly,
shall or do purchase the said premises, or any part thereof: And
if any of the said Contractors, or any in trust for them or any of
them, shall purchase any the said premises, he and they shall
forfeit his or their Estate so purchased, and the moneys paid or
to be paid for the same. Provided always, That if moneys do not
come in to satisfie the said Contractors, Trustees and Treasurers
their Salaries allowed by this Act, that then they shall and may
have part of the said premises, in lieu of the said Salary, according as shall be ordered and appointed by Authority aforesaid.
Committees power.; Ordinance 21 Novemb. 1648.
And it is further Enacted, That such Committee as shall he
appointed by the Parliament, shall have and exercise all and
every the Powers given to the Committee appointed by Ordinance
of Parliament of the One and twentieth of Nov. One thousand six
hundred forty eight, for removing Obstructions in the Sale of
Bishops Lands.
All Body or Bodies Politique or Corporate inabled to purchase.
And be it further Enacted and Ordained by the Authority
aforesaid, That all and every Body or Bodies Politique or Corporate in England and Wales, shall have power and capacity,
and are hereby enabled to take and purchase to themselves and
Successors, any of the said Honors, Manors, Lands, Tenements,
Hereditaments and Premises, to themselves and their Successors
for ever, without suing forth any Licence or Licences of Alienation or Mortmain, Any Law, Statute or Charter to the contrary
in any wise notwithstanding.
Trustees power to convey.; Their Assurances to be good in Law.; Free from Incumbrances.; General Issue.
And be it further Enacted by the Authority aforesaid, That
the said Trustees, or any five or more of them, shall have power
and authority, and are hereby impowered, authorized and
required to convey the premises, or any part thereof, by bargain
or sale inrolled, according to the Statute, or otherwise by any
good or 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 Contractors, or any five or more
of them: 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
Purchaser and Purchasers, and the said Contractors beforenamed,
or any five or more of them, shall be good and effectual in Law,
to all intents and purposes; and all and every Purchaser or
Purchasers of the premises, or any part thereof, his or their
Heirs and Assignes, shall have, hold and enjoy the premises, or
such part thereof that shall be by him or them purchased,
discharged of all Trusts and Accompts, whereunto the said
Trustees are or may be liable by vertue of this present Act; and
all Suits and Questions that may arise, or be moved upon pretence
of Sale at under-values, and all other Claims and Demands what
soever (saving the Rents and Interests in and by this Act saved)
and of all Incumbrances made by the said Trustees, or by any
claiming under them or any of them: And that the said premises shall not be liable unto, but stand and shall be free and
discharged of and from all and all maner of Statutes, Judgements, Recognizances, Dowers, Joyntures and other Acts and
Incumbrances whatsoever, had, made, done or suffered, or to be
had, made, done or suffered, by, from or under the said Trustees,
other then such Conveyances and Assurances as shall be by them
had, made or suffered, in performance or pursuance of the Sales
and Contracts respectively made, according to the intent of this
present Act; and saving unto all and every person and persons,
Bodies Politique and Corporate, their Heirs, Successors, Executors and Administrators, all such Right, Title and Interest, as
in and by this Act is saved; and that if any Action shall be
brought against the said Trustees, Contractors or Treasurers, or
any of them, for any act done by them or any of them, in execution of this Act or Instructions unto which it relates, then he or
they are hereby enabled to plead the General Issue, and to give
this Act in Evidence; and if a Judgement pass for them, they
shall recover double Costs.
Purchasers evicted to have allowance for their moneys.; Ord. 21 Novemb. 1648.; Purchasers may have Acts of Parliament or Letters Patents for the assuring the Premises. Ord. 23 Sept. 1647.
And be it further Enacted, That if any person or persons, Body
Politique and Corporate, who shall be Purchasers of any part of
the premises, shall hereafter be evicted out of any part of the
premises, by vertue of any Right, Title or Interest in or unto
the same, That in such case the said Purchaser and Purchasers
so evicted, shall have full and due satisfaction, recompence and
allowance made to him and them for the moneys paid, advanced
or defalked according to this Act for the said Purchase, and that
in such maner as is directed by an Ordinance of Parliament of
the One and twentieth of November, One thousand six hundred
forty eight, in like cases as the Purchasers of Bishops Lands
ought to have, if they be evicted; and if it be required by the
Purchaser or Purchasers, or any of them, their or any of their
Heirs or Assigns, or the Successors of any Bodies Politique or
Corporate, one or more Acts of Parliament, or Letters patents
under the Great Seal of England by authority of Parliament,
shall hereafter pass for the further assuring of the premises, or
any part of them, unto such Purchaser or Purchasers, their
Heirs or Assigns, or the Successors of Bodies Politique and
Corporate requiring the same; paying for the same the like
Fees as are appointed by an Ordinance of Parliament, of the
Three and twentieth of September, One thousand six hundred
forty seven.
Purchasers to have the like benefit as the King, Queen, or Prince had
And it is further Enacted by the authority aforesaid, That the
Trustees named in this Act for conveying of the said premises,
and the Purchaser and Purchasers of all or any of the said
Honors, Manors, Lands, Tenements, or Hereditaments and premises, or any part thereof, their any every of their respective
Heirs and Assigns, and the Successors of Bodies Politique and
Corporate, shall have, hold, use and enjoy all the like Benefits,
Priviledges, Rights, Usages and Customs, and likewise take all
advantages, benefits of conditions broken, forfeitures or nonperformance of Covenants, Entries or Actions, as the said King,
Queen or their said eldest Son, or any of their Heirs or Successors
at any time could or might have used or enjoyed.
To make Leases from year to year.
And be it further Enacted, That the said Trustees or any five
or more of them, or such person or persons as they as aforesaid
shall authorize under their Hands and Seals, shall make a Lease
or Leases of the said premises or any part thereof, which shall be
out of Lease, for one year or less, and so from year to year or less,
till the premises be sold, reserving the best Rent they can get for
the same. Provided, That such of the said premises as are grantable by Copy of Court-Roll, according to the Custom of any
Honor or Manor, shall be demised by Copy of Court-Roll respectively.
The Names of the Treasurers.
And it is further Enacted, That Thomas Andrews, now Major
of the City of London, Sir John Wollaston Knight and Alderman,
John Dethick Alderman, and Francis Allen Esq; shall be
Treasurers for the said service; and that they or any two of them
are hereby impowered and authorized to receive all such sum and
sums of money, as from time to time ought to be paid into the
Treasury by vertue of this Act, which shall be issued and paid,
according to the Rules, Directions and Instructions mentioned
in this Act; and according to such further Rules and Instructions as from time to time they shall receive from the Parliament,
or by authority thereof.
Instructions for the Treasurers.
Instructions for the Treasurers.
That the said Treasurers shall not issue out, or pay any of the
Rents, Issues or Profits of the said premises, but according to
such Warrant or Warrants as they shall from time to time receive
from the said Trustees or any five or more of them, for the ends
and purposes contained in this present Act; And that the
Receipt of such person or persons to whom such Warrant is made,
shall be a good Discharge to the said Treasurers.
Henry Robinson Merchant Comptroller.
And be it further Enacted, That Henry Robinson Merchant,
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, Defalkations 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 relation to the said
premises, according to such Instructions and Directions as are
given to the Comptroller for the Receipts of Bishops Lands, by
an Ordinance of Parliament of the Sixteenth of November, One
thousand six hundred forty six.
An Ordinance 26 November 1646.; Certificates of Arrears to be transmitted to the Trustees.; 22 June, 1649.; Trustees to appoint a Register of Debentures; Free-quarter to be deducted out of Arrears. Ordinance 24 Decemb. 1647.; Debentures to be in the nature of Bonds or Bills.; Debentures to be signed by two of the Trustees.; Ordinance of Parliament, 22 June, 1649.; Trustees to call in Debentures heretofore given for Arrears.; Trustees to give new Debentures or Bills for Arrears.; Comptroller to keep a check upon debts Registred.
And be it further enacted by the authority aforesaid, That upon
all the accompts for arrears of the Forces now in Service, which
shall be taken, stated and certified by vertue of the late Act of
Parliament (Entituled, An Act for the present Fxamining and
Stating the Accompts of the Officers and Souldiers now in the
Parliaments Service within this Nation) all the Certificates made,
or to be made concerning such accompts and arrears by vertue of
the said Act (which are not already returned to the Committee
for the Army, or the Commissioners for accompts at WorcesterHouse) shall be returned to the said Trustees appointed by this
Act; and all such Certificates as aforesaid, which by vertue of
the said Act, or the Order of Parliament of the Two and twentieth
of June, One thousand six hundred forty nine, are already
returned to the Committee for the Army, or to the said
Commissioners, shall by the said Committee or Commissioners
respectively, be transmitted and returned to the same
Trustees, which said Trustees, or any five or more of them, are
hereby authorized and required to appoint and imploy a particular Register (by the name of Register of Debentures) who
shall receive, register and safe keep the said Certificates, and
all Accompts and Evidences concerning the said Arrears which
shall be returned or transmitted to the said Trustees as aforesaid;
and the said Trustees or any five or more of them, after any
such Accompts and Certificates of Arrears so returned or transmitted to them as aforesaid, shall examine and revise, or by some
Auditor or Auditors to be imployed by them for that purpose,
shall cause to be examined and revised the accompts and arrears
so stated and certified as aforesaid; First, of such Officers and
Soldiers as are Engaged and Inlisted for the Service of Ireland,
to see that there be no mistakes in casting up the same (and to
amend such mistakes, if any be) and to see that Deductions for
Free Quarter be duly made thereupon, according to an Ordinance
of Parliament bearing Date the Four and twentieth of December,
One thousand six hundred forty seven, and thereupon for the
clear arrears remaining due after such deductions, the said
Trustees or any five or more of them are hereby authorized and
required (with all possible expedition) to order and give out
several Debentures to the said several Officers and Soldiers
engaged for Ireland, or to their Assignes respectively; which
Debentures shall be in the nature of Bonds or Bills, in such form
as the said Trustees, or any five or more of them shall think fit,
charging the State or Commonwealth to pay the several Creditors
or their Assignes, the several sums to them respectively due as
aforesaid; and thereof either charging the whole sum due to
each Creditor in one Debenture, or several portions thereof in
several Debentures, and in each Debenture limiting a time, or
several times for payment (as to them the said Trustees, or any
five or more of them shall appear most convenient) so as they give
not to any one Creditor more then one Debenture for any sum of
ten pounds value or under, and so as for any sum to the value of
ten pounds or upwards, they set not down less time for payment
then at two twelve Moneths, from the date of such Debentures
respectively, but in every such Debenture they shall charge the
sum thereof to be allowed immediately in the Purchase of any
the Lands given for Security of arrears; All and every of which
Debentures shall be Signed by two or more of the said Trustees
with their respective Names, and such Stamps or Impressions
in the nature of their Seals, as they shall finde fittest to use;
and shall be also attested by the said Register of Debentures
under his Hand, who shall also enter in a Register Book to be
kept by him for that purpose, the sum charged in or by every
such Debenture, with the Name of the Creditor, and the Regiment, Troop or Company whereof in the said Debenture he is
accompted; as also the time or times therein limited for
payment, and the names of the Trustees signing the same
respectively: and the said Debentures being perfected, with
Entries made of them as aforesaid, shall for the Officers and
Soldiers of the several Regiments, Troops and Companies, be
delivered out to any of the Field-Officers for the respective
Regiments, or to the Captains for the respective Troops or
Companies, or to such other person or persons as by the
Colonels for the respective Regiments, or by the several Captains for their respective Troops or Companies shall be intrusted
to receive the same: And for the accompts and certificates of
arrears to be returned or transmitted to the Trustees as aforesaid, for such Officers and Soldiers as do not engage for Ireland,
the said Trustees before the giving out of Debentures thereupon,
shall examine and revise the same, or cause them to be examined
and revised as aforesaid, not onely to amend mistakes, and see
that deductions for Free-Quarter be duly made as aforesaid;
but also (where they see cause) to examine the validity of the
Grounds and Evidences for the same (which by vertue of the
aforesaid Act concerning accompts, or of this present Act
shall be returned to them) and to compare them with the
accompts and evidences concerning such arrears remaining with
the late Grand Committee for accompts, or with the Commissioners or Auditors at Worcester-house, or any of them (who
are hereby required to attend and assist the said Trustees from
time to time for that purpose:) and in case of any error in the
Accompts so returned or transmitted, which shall thereby or
otherwise be discovered, the said Trustees shall or may correct
and amend the same, so as the State may not be wrongfully
charged; and after such revising and examining of the said
Accompts, the like Debentures for the clear arrears appearing
due thereupon to such Officers and Soldiers as were in the
Service in January, One thousand six hundred forty seven,
shall be given out in such maner and form as aforesaid respectively; and for such accompts as by vertue of the aforesaid
Act, or of the Order of Parliament, of the Two and twentieth
of June, One thousand six hundred forty nine, are or shall be
taken and stated by the Committee for the Army, or the said
Commissioners at Worcester-house, the said Committee, or any
three or more of them, or the said Commissioners at Worcesterhouse, or any two or more of them respectively, shall certifie
the same to the said Trustees, who shall thereupon give out
such Debentures as aforesaid, for the clear arrears so certified,
and for all other arrears which by vertue of any former Ordinance of Parliament, the said Committee for the Army have
given out, or shall give out Debentures for, or have had returned
to them to be Registred by them; The said Committee shall
cause the Register for such arrears and Debentures, to deliver
over the accompts thereof to the said Trustees their Register
of Debentures, who shall Receive, Register, and safe keep the
same; and the same Trustees shall call in all Debentures
heretofore given out for such arrears, to be brought in unto
them, by such certain day as they shall think fit, not exceeding
six moneths, from the first of July, One thousand six hundred
forty nine, and shall take in and cancel the same; and in-stead
thereof for the respective sums of arrear, which at the time of
bringing in the same shall remain due thereupon, shall give
out to the respective Officers and Soldiers therein named, or to
their Assignes, such new Debentures or Bills, and in such maner
or form as for other arrears are here before directed or allowed;
for all which Debentures the said Register of Debentures shall
make Entries, and proceed as is afore directed for other arrears;
and the said Comptroller shall keep a check upon all the debts so
to be Charged and Registred as aforesaid.
Dates of Debentures.
And it is hereby Enacted, That all and every the said Debentures to be given out by the said Trustees as aforesaid, for any
such arrears due to such of the respectives Officers or Soldiers,
who having been in the Parliaments Service within this Nation
in January, One thousand six hundred forty seven, now are,
or before the time of giving out the said Debentures, shall be
engaged for the Service of Ireland, or deceased, or being disbanded or duly discharged, do continue with other publique
imployment for which the State allows Pay, or to their respective Assignes, shall bear date from the first of July, One
thousand six hundred forty nine: And for any arrears due to
any other Officers or Soldiers, the Debentures to be given out
by the said Trustees by vertue of this Act, shall bear date from
the first of December, One thousand six hundred forty nine,
or from such other time or times before the said first of
December, as the same shall be given out respectively.
Debentures effectual to charge the Commonwealth with payment.
And be it further Enacted and Declared by the authority
aforesaid, That all and every such Debentures to be signed and
given out by the said Trustees, and Registred as aforesaid, shall
be sufficient and effectual to charge the Commonwealth for
the due payment of the several principal debts of arrears
therein expressed, unto the several Creditors therein named, or
their Assignes respectively, to be satisfied out of the said Lands
and premises assigned and setled for security thereof, and out of
the Rents, Issues and Profits, and the proceed upon sale of the
same, or to be defalked upon the purchase of any the said Lands
and premises, as hereafter in this Act is directed; together
with Interest for such of the principal debts, or such part or
parts thereof as shall happen not to be satisfied or defalked at
or before the several times in the said Debentures to be limited
as aforesaid, from and after the several times so to be limited,
unto the time or times of actual paying, satisfying or defalking
of the same respectively.
Debentures to be assigned over to any person.
And be it further Enacted and Ordained by the Authority
aforesaid, That it shall and may be lawful, to and for any of
the Creditors or persons aforesaid, their Assignee or Assignees
of any sum or sums of money, for which by this Act the said
Lands and premises are given for security, or which the same
are, or by vertue of this Act shall be charged with, and made
lyable to satisfie or pay as aforesaid, to assign his or their
Right, Title or Interest, in or to any such sum or sums of money
to him or them respectively due, or to assign and turn over
irrevocably his or their respective Debentures for the same, to
any person or persons whatsoever: And that every such
Assignee or Assignees, may assign over the same to any other
person or persons; and the last Assignee or Assignees for the
time being, of any such sum or sums of money due, or of any
such Debenture or Debentures for the same as aforesaid, and
every of them, and his or their and every of their Heirs,
Executors, Administrators or Assigns, from time to time shall
have like Liberty, Right, Title, Benefit and Advantage, to all
intents and purposes, as by vertue of this Act, or otherwise
is or shall be due, and of right belonging to any the aforesaid
Original Creditors or persons or their assigns.
Sums to be defalked in purchase.
And be it further Enacted and Ordained, That if any the
aforesaid Creditors or persons, their Heirs, Executors or
Administrators, or the Assignee or Assignees of them or any of
them, to whom any such sum or sums of money is or shall be
due as aforesaid, shall become a Purchaser or Purchasers of any
the premises by this Act appointed to be sole, That then it shall
and may be lawful for them and every of them, to defalk or
detain every or any such sum or sums of money as shall be due
to him or them as aforesaid, upon every or any such Purchase
that he or they shall make of the said Lands and premises, or
any part thereof, if the sum or sums to him or them due as
aforesaid, shall not exceed the value of the Purchase; or if it
do, then so much thereof as the Purchase shall amount unto.
Ready money for Officers allowance.; Debentures a sufficient Warrant for the Treasurers upon payment.
Provided, That he or they shall upon every or any such Purchase, pay down to the said Treasurers in money, so much per
pound of his or their whole Purchase, as the allowances for the
Trustees, Contractors, Treasurers, Comptroller of Entries, and
Register of Debentures, and every of them respectively do or
shall amount unto, and the Register of Debentures to be
appointed as aforesaid, is hereby authorized and required from
time to time, and as often as need shall require, to ascertain
and certifie to the Treasurers the principal Debt, that at the
time of payment for the Purchase of any the premises purchased
by any of the aforesaid Creditors or persons, or the Assignee
or Assignees of any of them shall be due, with such consideration of Interest for such time or times, and at such rates as by
this Act is, or otherwise by the authority aforesaid shall be
allowed for the same; whose Certificate or Certificates for the
same, with the delivering in of the respective Debentures or
Bills for the sum or sums whereof defalkation shall be demanded,
shall be a sufficient Warrant for the said Treasurers to allow
the same upon any or every Purchase or Purchases that they
or any of them shall make of the premises, or any part thereof.
And the said Treasurers are hereby authorized and required to
allow the same accordingly, and to take in such respective
Debentures or Bills, and return them forthwith to the said
Register of Debentures, to be cancelled and vacated, who shall
thereupon cancel the same, and enter them in his Books of
Accompts as satisfied and discharged.
Contractors three pence in the pound.; Trustees three pence in the pound.; Treasurers one peny in the pound.; 150 l. per annum for the Surveyor-General and his Clerks.; 300 l. per annum for the Comptroller and his Clerks.
And that the persons imployed in and about the said Service,
may have due encouragement, Be it Enacted and Ordained by
the authority aforesaid, That the Contractors mentioned in this
Act shall have and receive Three pence in the pound for all
such Lands, Tenements and Hereditaments which shall be
contracted for, and sold by them, and conveyed according to the
rate which they shall be sold for; and that the said Trustees
shall have and receive Three pence in the pound for all such
of the said Lands as they shall convey, according to the rates
for which they shall be sold; and that the Treasurers named in
this Act, shall have, and may deduct out of all Moneys received
by them, and also out of all Moneys to be allowed by them
upon any Defalkations for any purchase made of the said Lands,
one peny in the pound, according to the Rates for which the
said premises shall be sold, for their own Salary, and paying
their Clerks and Tellers: Provided, That the said Deduction
be made according as the purchaser pays in or defalks his
Purchase money, and not otherwise. And that the SurveyorGeneral for the said premises shall have for his Fee, for him
and his Clerks for the said Service, the sum of One hundred and
fifty pounds for one whole year now next ensuing, payable out
of the Rents and proceed of the said premises, by the Treasurers
thereof for the time being, on the First of January, and on the
First of July, half yearly by equal portions. And that the said
Comptroller for the said premises, shall have for his Fee, for
himself and his Clerks for the said Service, Three hundred
pounds per annum, payable at the days aforesaid for the space
of Three years, if his Service shall so long continue.
One moyety of the purchase money to be paid within eight weeks after Contract.; An Ordinance 23 March 1647
And be it further Enacted, Ordained and Declared by the
authority aforesaid, That all and every person and persons,
Body Politique and Corporate, who shall contract for any the
said premises, shall pay in or defalk the first moyety of his
Purchase moneys, within Eight weeks after his contract made;
and the second moyety of the same, within Six moneths after
the said first payment or Defalkation as aforesaid; and shall
likewise prosecute and procure his or their respective Conveyances, from the Trustees appointed to convey the premises
within the said Eight weeks, or otherwise he and they shall
incur the Penalties of such Defaulters as are mentioned in an
Ordinance of the Three and twentieth of March, One thousand
six hundred forty seven, Entituled, An Ordinance of the Lords
and Commons assembled in Parliament, for the Explanation
and better Execution of former Ordinances of Parliament for
the Sale of Bishops Lands in England and Wales, unless he or
they can procure from the said Contractors, or any five or more
of them, upon good cause shewn, and to be allowed by them,
a Certificate or Certificates for further time to perfect his or
their Conveyance; which Certificate and further Licence or
Licences, the said Contractors as aforesaid are hereby authorized
to give. And the said Contractors and Treasurers named in
this Act respectively, are hereby enabled, authorized and
required, as their shall be occasion, to put the said Ordinance
in execution, according to the intent and meaning thereof.
Trustees are first to satisfie half of all debts charged on this Act.
And be it further Enacted by the authority aforesaid, That
what of the Prices or Purchases of any the said Lands or premises, or of any part thereof, shall be paid to the said Treasurers in Money (except for the said allowancees to the said
Trustees, Contractors, Treasurers, Comptroller of Entries, and
Register of Debentures, and every of them) and what shall
otherwise come unto the said Treasury, by the Rents, Issues
and Profits of the premises, or any part thereof (after the
charges of Surveying, and other Incidents to this service
defrayed) shall be issued out by Warrants from the said Trustees,
or any three or more of them, for and towards the satisfaction
of such of the said Debts and Arrears charged or to be charged
as aforesaid upon the said Lands and premises, as shall not be
defalked by any purchasers; whereof the said Trustees shall
be, and are hereby authorized and required to satisfie first the
one half of all and every such debts throughout respectively
(as Money comes in) and then the other half (as more comes
in) and in satisfying of the several moyeties, shall observe the
course and order hereafter prescribed; viz. to satisfie by the
said several moyeties the respective Debts;
Original creditors to be first satisfied.
First, Of such of the Original Creditors, or their Assignee or
Assignees respectively, as are or before payment shall be
deceased.
Secondly, Of such as by disbanding, or with lawful discharges
have, or before payment shall have left their Military service,
and are not, or at the time or times for such payment shall not
be in other publique Office or Imployment under Pay of the
State.
Thirdly, Of such as are, or before the time or times for such
payment, shall be in the Service of Ireland, or other Imployment for the Parliament out of this Land.
Fourthly, Of such as shall (at the time or times for such
payment) be in Military Service, or other publique Imployment
or Benefit within this Nation.
Trustees to observe the Directions of the Lord General and Council of War.
And for the particular course and order of satisfying the
Debts of the said four several sorts of Original Creditors, their
Assignee or Assignees respectively, the said Trustees shall
observe such general or particular Directions, as they shall
from time to time receive from the Lord General and Council of
War, or (for such as shall be in the Irish service) from the
Lieutenant General or Commander in chief for the time being,
and Council of War there; and the Trustees, Treasurers, and
the Register of Debts aforesaid, and every of them (after such
directions received as aforesaid) for the more publique and
certain proceeding according thereunto, in satisfaction of the
said several moyeties of the respective Debts to the said several
sorts of the Original Creditors or their Assigns, or to hold such
course for a publique and open Registry of the said several
Debts, expressing the course and order in which they severally
are, or from time to time shall be payable, and how far the
same or any of them respectively are, or from time to time shall
be satisfied, either by such dfalkations, or else by payment in
such proportions, order and course as aforesaid, as by Ordinance
of Parliament was prescribed and appointed to be observed and
kept by the Committee of the Army, Treasurers and Register
intrusted for the Arrears comprehended within the Six hundred
thousand pounds, charged heretofore for Security upon the
Excize; so as any person concerned may at any time see in what
course and order the payment of the said several Debts is to be
expecte and what Debts or moyeties thereof are to preceded,
the satisfaction of that or those he looketh for.
Committee to be appointed for removal of Obstructions in the sale of the premises.; Ord. 21 Nov. 1648.; Trustees to appoint a place wherein to transact this Service.
And be it further Enacted and Ordained by the authority
aforesaid, That the Committee so to be appointed as aforesaid,
shall be a Committee for removal of Obstructions in the sale
and conveying of the said premises; and that they shall and
may, to all intents and purposes, execute all powers and authorities concerning the premises, as the Committee for removing
of Obstructions in the sale of Bishops Lands, according to an
Ordinance of the One and twentieth of November, One thousand
six hundred forty eight, Entituled, An Ordinance of the Lords
and Commons assembled in Parliament, for the removing
Obstructions in the sale of Bishops Lands, might, may or ought
to do; And the Contractors, Trustees, Treasurers, Register of
Debentures and Surveyor-General, named in this Act, and all
other persons imployed in or about the said Service, are required
to observe such Orders and Directions as from time to time
they shall receive from the said Committee. And the said
Committee so to be appointed, shall and may allow all incident
charges for the carrying on the said Service. And be it
further Enacted and Ordained, That Worcester-house, or some
other place, as the said Trustees shall think fitting, shall be
the place where the said several persons shall and may transact
the said Service, and put in execution this Act. And be it lastly
Enacted and Ordained, That the said Trustees do forthwith
cause this present Act to be printed and published.
Exceptions of Several Honors, manors, houses, castles, parks, messuages and places to be reserved for the use of the state.; White-Hall.; St. James's.; Somerset-house.; Hampton-Court.; House-Park.; East Greenwich.; Tower of London.; Windsor Castle.; The little Park.; New Park.; Hyde Park.; Cornbury Park.; Castles garrisoned.
Provided alwaies, That neither this Act, nor any thing therein
contained, shall extend to the House called and known by the
name of White-Hall, in the County of Middlesex; nor to the
Stables and Barns commonly called The Mews, and other Buildings thereunto adjoyning and appertaining; nor to the Buildings called The Cock-pit, the Tennis-Courts, Scotland-Yard,
and the Buildings thereupon or within the same, The Tiltyard; nor to the Garden commonly called Spring-garden; nor
to any the Gardens, Orchards, Yards, Courts, or Backsides
belonging unto, and now used and enjoyed with the said WhiteHall, nor to the Palace of Westminster, in the said County of
Middlesex; nor to the House commonly called Saint James's
House, in the said County of Middlesex; nor to any
the Buildings and Out-houses thereunto adjoining and
appertaining; nor to the Gardens, Orchards, Yards,
Courts, or Backsides, belonging unto, and now used and
enjoyed with the said House; nor to the Park adjoining to
the said House, commonly called St. James's Park, nor to the
House commonly called Somerset, or Denmark-house, scituate
in the Strand, in the said County of Middlesex; nor to any
the Buildings and Out-houses thereunto adjoyning and appertaining, and now used with the same; nor to the Gardens,
Orchards, Yards, Courts or Backsides belonging unto, and now
used and enjoyed with the said House; nor to the House commonly called and known by the Name of Hampton-Court, in
the said County of Middlesex; nor to the Barns, Stables, or
other Out-houses thereunto belonging, and now used and
enjoyed with the same; nor to any the Gardens, Orchards,
Yards, Courts, or Backsides belonging unto, and now used and
enjoyed with the said House; nor to the Park adjoyning to the
said Hampton-Court, commonly called The House-Park; nor
to the two other Parks, called The Middle Park, and Bushy
Park, at Hampton-Court, within the said County; nor to the
Honor and Manor of East-Greenwich, in the County of Kent;
nor to the house commonly called Greenwich-house in the
County of Kent; nor to the Barns, Stables, or other Out-houses
thereunto belonging, and now used and enjoyed with the same;
nor to the Buildings commonly known by the Name of The
Queens new Buildings, nor to any the Gardens, Orchards,
Yards, Courts or Backsides belonging unto, and now used and
enjoyed with the said House; nor to the Park adjoining to the
said House, commonly called Greenwich Park; nor to the
Castle sictuate and being within the said Park, known by the
name of Greenwich Castle, within the said County; nor to the
Tower of London, with the Appurtenances; nor to the Tower
Hills, nor to the Tower Wharfs, nor any of the Houses or Offices
thereunto belonging; nor to the Castle commonly called or
known by the Name of Windsor Castle, in the County of Berks;
nor to the Yard neer adjoining to the said Castle, commonly
called, The timber Yard, with the Buildings therein, heretofore
and now used and enjoyed for the Officers of the Works belonging
to the said Castle; nor to the Park adjoyning to the said Castle,
commonly called, The little Park; nor to the Park commonly
called, The New Park, near Richmond in the County of Surrey;
nor to the Park commonly called, Hide Park, in the county of
Middlesex; nor to the Park commonly called, Cornbury Park
in the County of Oxford; nor to any the Castles now Garrisoned
by the Parliaments Forces in England and Wales; nor to any
Hospitals or Free Schools; nor to any Houses, Storehouses,
Buildings, Yards, Docks, Barge-houses, or other such grounds
and places that now are, and by the space of twenty years last
past, have been used and accustomed to be imployed for the
Navy, Customes, Office of Ordnance, Receipts or Accompts of
the publique Revenue, Courts of Justice, Prisons, or any other
Publique Office belonging to the service of the State.
What Timber Trees are excepted.; Forrests
Provided alwaies, That this Act, or any thing therein contained, shall not extend to any Timber Trees fit for the use and
service of the Publique Navy of this Commonwealth, which are
now growing or being within fifteen miles of any River fit for
conveyance of such Timber; which said Timber Trees shall be
surveyed and marked by such Surveyors as the Commissioners
of the Navy shall nominate and appoint: And the said Surveyors are to return the number of the said Timber Trees by them
surveyed and marked as abovesaid, the places where the said
Timber Trees do grow, and other their proceedings, to the
Trustees named in this Act, at or before the tenth day of
December, 1[6]49. And the said Timber Trees so surveyed,
marked and returned, shall be cut, felled and carryed away, at
or before the tenth day of July, which shall be in the year of
our Lord, 1657, by the Commissioners of the Navy, or such as
they shall appoint: And in case that upon Surveys made and
returned, as is before in this Act directed, it shall appear that
there is not sufficient to satisfie the Arrears of the Soldiery
mentioned in this present Act, then there shall be further provision made for the remaining Arrears not satisfied as abovesaid,
out of the Forrests of the said late King, Queen or Prince, or
otherwise as the Parliament shall direct.
Impropriations and Advowsons.
Provided, That this Act, or any thing therein contained, shall
not extend to grant unto the foresaid Trustees, any Forrests
within this Commonwealth; nor any Manors, Lands Hereditaments or Tenements, within the ordinary and usual Limits,
Precincts, or Preambulations of the same, as touching so much
thereof as are within the same; nor being any of the Parks
beforementioned, and hereby intended to be granted to the said
Trustees; nor to any Impropriation, or Parsonags appropriate;
nor to any Advowson, Right of Patronage, or Presentation unto
any Parsonage or Bicarage, or Churches Donative or Presentative; nor to any Reversion or Remainder in the Crown, expectant
upon Estate Tale.
Vaux hall.
Provided, That this Act, or any thing therein contained, shall
not extend unto the House called or known by the name of
Vaux-hall, nor to the Grounds, Houses, Buildings, Models,
Utensils, or other necessaries for practical Inventions therein
contained, or thereto belonging; but that they, and every of
them, shall remain and continue for the use of the Commonwealth, to be imployed and disposed of by the Parliament, as
they shall think fit, Any thing contained herein, or in any other
Act to the contrary thereof in any wise notwithstanding.
Pomfret Castle.
Provided always, That this Act, nor any thing therein contained, shall in any wise extend to the Scite of Pomfret Castle, or
the Houses and Buildings yet remaining, or any the Parks, or
other the Demeasn Lands and Appurtenances thereunto belonging, used and imployed to the value of three hundred pounds
per annum, Ordered the seven and twentieth of March, One
thousand six hundred forty nine, to be conveyed unto Major
General Lambert, his Heirs and Assigns.
York Manor.
Provided alwaies, That neither this Act, nor any thing therein
contained, shall extend to the Manor House of York, nor other
the Buildings and Grounds within the walls thereof, adjoining
to the City of York.
Stockton Socon.
Provided, That this Act, nor any thing therein contained shall
in any wise extend, or cause to make void, impeach, or weaken
one Lease, Grant or Demise made of the Manor of Stockton
Socon, alias Stockton Socon, in the County of Norfolk, and other
things contained in a pair of Indentures, bearing date the ninth
day of September, in the seventeenth year of the Reign of the
late King Charls, to Sir Edmund Mundeford Knight (since
deceased) Anthony Drury and Nicholas Smith, their Executors,
Administrators and Assigns, for the Term of Thirty years next
ensuing the day of the date of the said Indenture.
Wardrobe.; Sir John Heydon's House.
Provided alwaies, That this Act, or any thing therein contained, shall not extend to the House called The Wardrobe, with
all its appurtenances, scituate, lying and being near Puddle
Dock, within the Parish of Andrew Wardrobe, in the City of
London; and in like maner to the House wherein Sir John
Heydon formerly dwelt, belonging to the Office of the Ordnance,
scituate, lying and being in the Parish of Trinity Minories, in
the County of Middlesex, with all its Appurtenances, Out-houses,
Orchards, Gardens and Yards, and ways thereunto belonging
or appertaining; and the ground called the old Artillery ground,
with all Houses therein built, scituate, lying and being without
Bishopsgate, in the Parish of Botolph Bishopsgate, London.
Ten days preemption.
Provided, That such of the Original Creditors, their Heirs,
Executors and Administrators or any of them, who shall desire
to become Purchasers of any the Lands mentioned in this Act,
with Debentures given immediately to them the Original
Creditors, and not by way of assignment from others, shall have
liberty of preemption for Ten days after the time set and limited,
for and after the immediate Tenants, and before any other
persons whatsoever, according to the Rules aforementioned in
this Act.