House of Commons Journal Volume 4: 9 November 1646

Pages 715-716

Journal of the House of Commons: Volume 4, 1644-1646. Originally published by His Majesty's Stationery Office, London, 1802.

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Page 715
Page 716

Die Lunæ, 9 Novembris, 1646.

ORdered, That Mr. Strode do give Thanks to Mr. Strong, for the great Pains he took in the Sermon he preached, at the Intreaty of this House, at Margaret's, Westminster, on Thursday last, being the Fifth of November, the Day appointed to be observed in Remembrance of that great Deliverance from that damnable Plot of the Powder-Treason: And that he be desired to print his Sermon: And that he have the same Privilege, as others have in the Printing of their Sermons.

Ordered, That, on Friday next, peremptorily, the first Business, the Reports be made, and taken into Consideration, concerning the Accompts of such Officers, whose Accompts are audited.

Ordered, That Mr. Pury, Mr. Thomas Hodges, and Mr. Noble, Members of this House, shall have Leave to be examined in the Court of King's-Bench, in a Cause there depending, between Mr. Simms, Plaintiff, and Mr. Wilson and Mr. Johnson, Defendants.

The House proceeded to take into further Consideration the Instructions to be observed in the Sale of the late Archbishops and Bishops Estates.

The Instructions concerning the Surveyors, reported by Mr. Samuel Browne, were again this Day read; and nothing done upon them.

The Instructions concerning the Contractors, reported likewise by Mr. Samuel Browne, were also this Day again read; and the Second, Third, Fourth, Sixth, Seventh, Eighth, Ninth, Tenth, and Eleventh Instructions, all of them, upon the Question, laid aside.

The Fifth Instruction; viz. That they shall not sell any Lands, in Possession, under Ten Years Purchase, of the full Value; was resolved, in pursuance of the Vote, as to the same Purpose, upon Saturday last.

Resolved, &c. That the Trustees, as aforesaid, shall have Power to nominate One, Two, Three, or more Surveyors, to survey the Premises, or any Part of them, as they shall think fit: And that the Surveys and Returns made by any such One, Two, Three, or more Surveyors, shall be good and effectual to be proceeded upon; notwithstanding any Clause, in any Ordinance of Parliament, to the contrary.

Resolved, &c. That the Surveyor or Surveyors appointed, or to be appointed, by the Trustees, shall survey and inquire, what Timber-Buildings, open Quarries, or Mines, are upon any of the Premises; and certify the Condition and Values thereof.

Resolved, &c. That, upon Sealing of the Assureance, the Purchaser shall pay Half his Purchase-Money down, and the other Half within Six Months: And, for the last Payment, the Contractors shall take care, that they take good Security, either by the Land itself, or else by personal Security.

The same Security to be given to the Treasurers.

Resolved, &c. That, in all Cases, where any Person or Persons, that have lent any Monies upon this Ordinance, shall be Purchasers, their Money, so lent, shall be esteemed as so much paid towards their Purchase, if it exceed not the Moiety of the Purchase-Money: And, for what exceeds the Moiety, that every such Purchaser shall be allowed Interest for it until the End of Six Months wherein the Remainder or Total of the Purchase-Money is to be paid.

The Question being put, Whether the Second Instruction to the Contractors shall stand, or not;

The House was divided.

The Yeas went forth.

Sir Sam. Rolle, Tellers for the Yea: 55.
Sir Wm. Massam, With the Yea,
Sir Wm. Lewes, Tellers for the Noe: 67.
Sir Phil. Stapilton, With the Noe,

So as the Question passed with the Negative.

A Message from the Lords, by Doctor Aylett and Doctor Heath;

The Lords have received a Petition from the Duke of Buck'; upon which they have made an Order: Wherein they desire your Concurrence. The Lords have appointed their Committee, concerning the Great Seal, to meet with the Committee of this House, in the Painted Chamber, at Two of Clock: With Power to adjourn, as they shall see Cause.

Ordered, That the Petition of the Duke of Buckingham, together with the Lords Order thereupon, be read, and taken into Consideration, the next Business after Sir Henry Vane's Report concerning the Duke of York.

Resolved, &c. That the Committee, named by this House, concerning the Great Seal, do meet with the Committee of the Lords House, this Afternoon, appointed for that Purpose, in the Painted Chamber, at Two of the Clock: And have Power to adjourn, as they shall see Cause, as is desired.

Answer returned by the same Messengers; That the House has considered their Lordships Message: And, as to the Meeting of the Committee, they do agree: And, as to the Petition, and Order, concerning the Duke of Buck', they will send Answer by Messengers of their own.

Instructions, to be observed by the Register, were this Day read, first all over; and then one by one; and particularly each of the said Instructions, upon the Question, passed.

Instructions to be observed by the Register.

1. THAT he do receive all Surveys and Certificates, to be returned by the Surveyors; and, immediately after the Receipt thereof, fairly enter and register the same in Books to be kept by him for that Purpose; and, in an orderly manner, file, bundle up, and safely lay up and keep the Originals.

2. That he do, weekly or oftener, certify unto the Contractors, what Surveys and Certificates are returned to him, and of what Manors, or otherwise, as the Case shall require.

3. That, upon Warrant and Direction from the Contractors, he do make forth, and fairly ingross in Parchment, Particulars of all such Manors, Lands, Tenements, and Hereditaments, Buildings, Woods, or other Things surveyed, and certified into his Office, by the Surveyors, whereupon the Contractors are to proceed, or intend to make any Sale: And that he do examine and sign the same Particulars; and deliver them to the Contractors.

4. That, upon Contract or Agreement, made by the Contractors, for any Manors, Lands, Tenements, Hereditaments, Buildings, Woods, or other Thing, contained in any Particular made forth, signed, and delivered unto them, by the Register, the said Particular be returned to the Register, together with the Order of Agreement, or Contract, made with the Purchaser thereupon.

5. That, upon Return thereof, he do forthwith rate the Particular, and ascertain the Purchase-Money, how much it comes to, at how many Years Purchase the Particulars contracted for are sold; and enter the same upon the said Particular, together with such other Proceedings, as shall be required by the Contract.

6. That he do return the Particular, thus rated and ascertained, to the Contractors: Who are to sign the same, to attest the Agreement; and thereupon to desire, and give Warrant to, the Trustees, to draw up and seal Conveyances thereof to the Purchasers accordingly.

7. That all Particulars, thus finished, together with all Proceedings thereupon, be fairly entered or registred by the Register; and be safely kept by him, as a Record: And that, after such Entering and Registring thereof, the Register do deliver the said Particulars unto the Trustees, to perfect the Sale, as aforesaid.

8. And, to the end this Service may be performed in such manner as the Register may be able, from time to time, to give an Account of all Proceedings (if it shall be required) to the Parliament; himself, or one of his Deputies, are to attend upon, and enter all Orders and Proceedings before the Contractors.

9. That he do weekly make Certificate to the Treasurers, Comptroller, and Register-Accomptant, of all Rents, and all Rates of Particulars, and of all Monies payable upon any Contract, upon any Particular, how much thereof is to be paid in Hand, and how much to be forborn, and for what Time; and how, and in what Manner, the Sum or Sums to be forborn are to be secured.

10. That he do methodize, and put in good Order, all Charters, Evidences, and Writings, belonging to the late Archbishops and Bishops, and all Books of Survey, and other Things to be delivered to his Care and Custody, to be kept by him, as Records; and make Catalogues of them; and sit them in such manner, as the Subject may readily see, and have Copies (if he desire it) of whatsoever shall be brought into the Register's Office, and be under his Charge and Custody.

Resolved, &c. That the Lords Concurrence be desired to these several Instructions, agreed upon by this House, concerning the Contractors, the Surveyors, and the Register.