BHO

September 1647: An Ordinance for the better security and encouragement of all and every such person and persons, Bodies Politique and Corporate as already have or hereafter shall become Purchaser from the Trustees of any Manors, Lands, &c. late belonging to any Archbishop or Bishop in this the Realm of England or Dominion of Wales, and the maner for ensuring the same to the Purchaser, with the time limited for the perfecting of their Conveyances

Pages 1017-1019

Acts and Ordinances of the Interregnum, 1642-1660. Originally published by His Majesty's Stationery Office, London, 1911.

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Citation:

September, 1647

[24 September, 1647.]

Purchasers may have the Kings Letter Patents.; To be holden as of East Greenwich.

The Lords and Commons assembled in Parliament, for the better security and encouragement of all and every such person and persons, Bodies Politique and Corporate, as already have, or hereafter shall become Purchaser or Purchasers from the Trustees (appointed by Ordinance of Parliament for the sale of Bishops Lands) of any Mannors, Lands, Tenements, Franchises, Annuities, Fees, Liberties, Royalties, and Hereditaments whatsoever, late belonging to any Arch-bishop, or Bishop, within the Realm of England or Dominion of Wales; Do order and Ordain, and be it hereby ordered and ordained by the authority aforesaid, that it shall and may be lawfull for all and every such Purchaser or Purchasers to have, and pass one or more Letters Patents under the Great Seal of England, of all or any part of the Mannors, Lands, Tenements, Franchises, Annuities, Fees, Liberties, Royalties, and Hereditaments, with their appurtenances so by him or them Purchased from the said Trustees as aforesaid, to be holden of the King as of his Mannor of East Greenwich by fealty onely, and not in Capite nor Knights service.

Bodies Politique may purchase any Bishops Lands without licence in Mortmain.

And be it further ordained and declared by the authority aforesaid, that all and every Bodies and Body Politique and Corporate within the Kingdome of England and Dominion of Wales, shall have power and capacity, and are hereby enabled to receive, take and purchase to themselves, and their Successors for ever, any of the said Mannors, Lands, Tenements, Franchises, Annuities, Fees, Liberties, Royalties, and Hereditaments whatso ever belonging to the said Arch-bishop and Bishops, without any Licence or Licences of Alienation in Mortmain first sued forth, or obtained for that purpose, any Law, Statute, Ordinance, or Charter to the contrary hereof in any wise notwithstanding.

A bill containing the Kings Grant to the Purchaser, is to be passed under the great Seal of England.; No Fine or Fee to be paid into the Hanaper to the Kings use.; A fourth part of the Fine onely to be paid.; Counterparts of Leases and Writings which concerns onely the things purchased to be delivered to the Purchaser.; No person which maketh title &c., shall be compelled to deliver his Writings.

And be it further Ordered and Ordained by the authority aforesaid, that the Attourney General, or Solicitor General for the time being, upon shewing forth of any such deed or purchase under the hands and Seals of the said Trustees or any five or more of them, is hereby authorized and required to prepare a bill in usual form, containing the Kings grant to such Purchaser and Purchasers, their Heirs, and Successors, of the Lands, and Premisses so Purchased by him or them, according to the tenor and effect of such deed of Purchase; which bill so prepared, the Lord Chancellor, Lord Keeper, or Commissioners for the great Seal of England, for the time being, are hereby authorized and required to pass under the said great Seal in usual form accordingly. And it is further Ordained, that no Fine or Fee be demanded, or paid into the Hanaper for or in the Kings name, or to his use upon the passing of any such Grant, or of any other Grant where Lands have been or shall be sold by Ordinance of Parliament, to any person or persons in satisfaction of the debts of the Kingdome, but all and every such Fines except as afore excepted, save onely a fourth part of what hath been formerly demanded and paid, are hereby pardoned and discharged. And it is further Ordained, That the Register for the sale of Bishops Lands for the time being, the Surveyors of the said Lands, the Stewards of all or any of the said Courts belonging to any of the said Bishops, and all other Officers and persons who have in their hands, or in the hands of others for them, any Counterparts of Leases, ancient Surveys, Copies of Court-Rolls, Rentals, Terrars, or other Deeds, Records, or Writings which concern onely any of the Mannors, or Premisses so already purchased, or hereafter to be purchased as aforesaid, are hereby authorized and required upon sight of any such deed of purchase from the said Trustees as aforesaid, to deliver forthwith all the Counterparts of Leases and all other the Records and Writings before mentioned, which concern onely the Mannors, Lands, and Premisses comprised within any such deed of purchase unto the respective Purchaser and no other: Provided that no person which maketh title to any of the said Lands or Premisses, (other then the Arch-bishops and Bishops themselves) be compelled by this Ordinance to deliver out of his hands any such Lease or Writing as aforesaid, concerning those Lands to which he maketh his claim.

Those who have contracted, or shall contract, shall procure their Conveyances within 8. weeks. Unless they shew cause to the contrary to be allowed by the Contractors.; Upon default thereof to forfeit one third part of the value of their purchase money to be defalked &c. or levied as the Parliament shall appoint.

And it is further Ordained, and declared by the authority aforesaid, that all and every Person, and Persons, Bodies Politique and Corporate, who have already contracted for, or hereafter shall contract for any of the said Mannors, Lands, and Premisses with the Contractors appointed for the sale of Bishops Lands, shall prosecute and procure their respective conveyances from the Trustees appointed to pass such conveyances within eight Weeks after the passing of this Ordinance; that is to say, all such persons as have already contracted shall prosecute and procure their respective conveyances from the Trustees within eight Weeks next after the date of this Ordinance; and such persons as shall hereafter contract within eight Weeks next after the date of their respective Contracts, unless they shew such good cause for such their delay as the said Contractors shall under their hands approve of and allow; And in default hereof, all and every such Person and Persons, Bodies Politique and Corporate, so contracting and making default as aforesaid, shall forfeit a third part of the value of the moneys agreed to be paid upon their respective Contracts, to be defalked out of the monies any wayes due to them from the Commonwealth, or to be levied upon their lands and goods in such manner as both Houses of Parliament shall hereafter ordain and appoint. And it is lastly ordained, that this Ordinance be forthwith printed and published, and sent down to the Sheriffs of all the Counties of England and Dominion of Wales, by the care of the said Trustees, which said Sheriffs are hereby required to publish the same in all their next respective County Courts, after the receipt hereof as aforesaid.