November 1648: An Ordinance for enabling a Committee of Lords and Commons to remove Obstructions in the sale of the Lands of the late Archbishops and Bishops.

November, 1648

[21 November, 1648.]

The names of the Committee.;Their Powers.; The Committee to remove, appoint and allow Officers and Fees. The Trustees to give Warrants for payment of them.

The Lords and Commons assembled in Parliament taking into their consideration the many Obstructions that have and do daily happen in and about the sale of the Mannors, Lands, Tenements and Hereditaments, of the late Arch-bishops and Bishops: And how necessary it is to free the Kingdom from so great a debt with which it stands charged until the said Lands be sold: Do hereby Declare and Ordain, That Algernon Earl of Northumberland, Henry Earl of Kent, Philip Earl of Pembroke and Montgomery, Charles Earl of Nottingham, William Earl of Salisbury, Basil Earl of Denbigh, Edward Earl of Manchester Edmund Earl of Mulgrave, William Lord Gray of Wark, Edward Lord Mountague, Edward Lord Howard of Escrick, Mr. Prynn, Sir William Lewis, Mr. John Ash, Sir Dudley North, Mr. Trenchard, Mr. Drake, Colonel Purefoy, Colonel Copley, Mr. Aunesley, Mr. Wheeler, Mr. Gewen, Mr. Miles Corbet, Mr. Reynolds, Mr. Edward Ash, Mr. Scot, Mr. Blakiston, Colonel White, Sir Robert Harley, Mr. Francis Allen, Colonel Harvey, Colonel Venn, and Sir Harbottle Grimston, or any five or more of them shall be, and are hereby constituted a Committee of Parliament for the regulating and removing of Obstructions which shall appear unto them, or any five or more of them, or be presented unto them as aforesaid, by the Contractors, or any five or more of them, or by the Trustees, or any five or more of them, or by the Treasurers, or any two of them, or by the Comptroller of the said premisses, in the clearing the state of the said debt, and in the sale and speedy perfecting of the Conveyances of the said premisses, and for the clearing of any doubts which have or shall arise upon any clause or word in any of the Ordinances for the sale or conveying any of the said premisses to any person or persons as they shall conceive meet, so as the said premisses in possession, nor any part thereof be sold under the rates limited by former Ordinances of Parliament, nor Reversions upon Leases for lives or years under the rates expressed in the Ordinance of Parliament dated the seventeenth day of March, one thousand six hundred forty and seven, And if it shall appear upon the survey, or by proof upon oath, which the said Committee, or any five or more of them, (whereof one to be a Peer) are hereby authorized to administer, That any Tenant or Tenants or others, by the Custome of any Mannor or place, have or hath any Custome, Customes or Priviledge, which in the purchase of the premisses ought to be considered and allowance made unto the purchaser in his purchase for the same, The said Committee as aforesaid are hereby authorized to certifie the Custome proved as aforesaid to the Register, who is thereupon to make out a particular, upon which the Contractors shall and may proceed to sell or make allowance unto the purchaser, and the Trustees to convey, as if the same had been expressed in the Survey. And where any complaint shall be made by any purchaser or purchasers or others of any irregularity or exactions of Fees by any Officer or Clerk now imployed, or hereafter to be imployed in, about, or concerning the premisses; The said Committee as aforesaid, are hereby authorized to examine, allow, appoint, remove, and regulate such fees, charges, and Officers not already limited and appointed by Ordinance of Parliament; and also appoint such Officers or others, imployed or to be imployed about or concerning the same, as they shall think fit and necessary. And after allowance of such Officers Fee or charges certified by the said Committee to the Trustees or any five or more of them, they shall and may make out a Warrant or Warrants from time to time to the Treasurers for the paying of the same, which the Treasurers shall, and are hereby authorized to pay accordingly, and the parties receipt to whom the moneys are so assigned, shall be to them a sufficient discharge:

Proviso for Officers nominated by the Trustees.;Treasurers and Contractors. To ascertain and allow to Officers or others, who have Fees, Rents, or Charges, due by grant from any Bishop. Doubts and differences arising among the Trustees, Contractors, Treasurers, Comptroller, to be determined by this Committee. If any person have any Writings or Evidences, &c. belong to the premisses. Or have wasted, received, or detained any houses, woods, rents, &c. And shall refuse obedience to the Orders of this Committee concerning the same.; How such shall be proceeded with.;The Treasurers are to dispose of the damages for the uses appointed by the former Ordinances by Warrant of the Trustees.; Power to commit.

Provided, that this shall not take away any power the Trustees, Contractors, or Treasurers by Ordinance of Parliament have in the nomination of their Officers; and also to ascertain, and allow out of the premises or profits thereof to any Officers or others, who have Fees, Rents, Annuities, or other charges as shall appear to be justly due by any lawful grant from any of the Arch-bishops or Bishops; and if any doubt or difference shall arise among the Trustees, Contractors, Treasurers, Comptroller, or any of them, or any others employed in, or about the said premisses or any of them, or any part thereof, or any thing concerning the same; That the said Committee, or any five or more of them, upon information thereof by them or any of them, shall call before them such person or persons, and shall hear, examine, settle, and determine the same, and such order, direction, and determination, as they shall make, shall be the rule by which such person or persons shall proceed therein; and they are hereby authorized and enjoyned to proceed accordingly; And if any person or persons whatsoever, have in his or their custody, or hereafter shall have the possession of any Writing, Evidences, Charters, counterparts of Leases, Rent rolls, Records, Leadger books, or any other thing or things of or belonging to the said premisses, or any part thereof, which by force or vertue of any Ordinance, or Ordinances of Parliament have been vested, setled, or ought to be, or have been in the possession of the foresaid Trustees, Register, his or their Assigns, or any purchaser or purchasers thereof, their heirs or Assigns, or belonging unto him or them, or have since the first of December, one thousand six hundred forty and six, or hereafter shall waste, spoil, receive, take, or detain any of the Castles, Houses, Buildings, Woods, Underwoods, Rents, Issues, and profits of the said premisses, and shall refuse to yeeld obedience to all or any Ordinance of Parliament touching the premisses, and to such further orders, directions, and determinations of the said Committee, or any five or more of them, shall make of, and concerning the same; That then the said Committee as aforesaid, are hereby authorized to summon before them, or any five or more of them, such person or persons, and if he or they shal refuse to appear upon summons, then to send for him or them in safe custody, and to hear and examine him or them, and likewise to send for Papers, Writings, Evidences, Records, and Witnesses touching the same, and to examine Witnesses upon Oath, which the said Committee or any five or more of them, are hereby authorized to administer, and thereupon to determine the same, and to assess damages upon the person or persons so offending, so as the said damages do not exceed, such damage as is proved upon oath as aforesaid, the purchaser or purchasers, or the estate have or hath sustained by such entry, detainer, waste or spoil, and the party or parties so offending, are hereby required to pay such damages as shall be given the State, unto the said Treasurers, and to the purchaser or purchasers of the said premisses, such damages as shall be given him or them respectively, within fourteen days after judgement given as aforesaid, or else to give sufficient security to the said Treasurers, and to such purchaser or purchasers respectively to pay the damages so assessed within hree moneths; the which sum or sums of money paid in to the said Treasurers, are to be issued out and disposed of by the said Treasurers for such uses as are appointed by former Ordinances of Parliament, for the sale of the Lands of the late Archbishops and Bishops, and 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: and that receipt of such person or persons to whose use the said moneys is appointed, together with the Warrant of the said Trustees, shall be a sufficient discharge unto the said Treasurers for the moneys so paid; And if the said person or persons so offending, shall notwithstanding refuse to yield obedience unto the said Ordinances of Parliament, or such orders and directions as the said Committee (as aforesaid) shall make and set down concerning the premisses or any part of them, that then the said Committee or any five or more of them are hereby authorized to commit such person or persons to safe custody till he or they yield obedience thereunto.

If any person having possession of any Bishops houses, &c. having no lease thereof made before the first of December 1641 Do contrary to the order of this Committee refuse to deliver possession; they are to issue out Warrants to the Sheriff of the County to clear the possession.; Sheriffs may raise the posse comitat. if resisted.; To deliver possession.; The Sheriff may commit such as resist him.

And it is further Ordained, that if any person or persons have since the first day of December, One thousand six hundred forty and one, possessed him or themselves, or hereafter shall possess him or themselves of any the Castles, Houses, or Buildings, or other the premisses of the said late Archbishops and Bishops, he or they having no Lease or grant thereof, from such Archbishops or Bishops made before the first day of December, One thousand six hundred forty and one, and shall contrary to the order and determination of the said Committee as aforesaid, refuse to yeeld up, or by force keep the possession of any of the said premisses against the said Trustees, or the purchaser, or purchasers of the same; That then the said Committee as aforesaid, are hereby authorized to issue out a Warrant or Warrants unto the Sheriff or Sheriffs of the respective place or County where such detainer is used, requiring him or them forthwith to repair to the place, and to clear the possession, and such Sheriff or Sheriffs are hereby authorized and required to do the same, and to raise the posse Comitat. if he or they shall finde resistance, and by force of Arms to suppress the same, and also to break open doors and gates for the cleering of the possession of the said premisses, and the same so cleered to deliver up unto the said Trustees, or such person as they or any five or more of them shall authorize to receive the same, or to the purchaser or purchasers or such person or persons as he or they shall authorize to receive the same; And the said Sheriff or Sheriffs are further authorized to commit to the next common Prison for one moneth such person or persons as he or they shall finde to resist him or them in the execution of such Warrant or Warrants as he or they shall receive from the said Committee as aforesaid, and such Warrant or Warrants as he or they shall receive as aforesaid, shall be a good and sufficient discharge unto him or them for so doing.

Where any Tenant hath neglected to shew his evidences,and make his claim according to the Ordinance and thereby forfeited his Estate.; This Committee are to determine the case.; Power to examine witnesses upon oath.

And it is further ordained, that where any Certificate or Survey hath been or shal be made and returned to the Trustees or Register, that any Tenant hath neglected or refused to shew his evidences by which he holds his estate, nor made his claim nor his estate to appear by sufficient witnesses within the time limited by the Ordinance of Parliament, and according to the directions of the said Ordinance, by reason of which his estate is forfeited and the premisses sold as in possession, the said Committee are hereby authorized upon the appeal of such person or persons unto them or any five or more of them, to hear and determine such case or cases, and to send for papers, writings, and witnesses touching the same, and the witnesses, if they see cause, to examine upon Oath, which they are hereby authorized to administer: And if it shall appear to the said Committee that such default was not through any wilfull neglect or contempt of the power and authority of the Parliament, but upon other good and sufficient causes shown to and to be allowed by the said Committee, they shall and may and are hereby authorized thereupon to discharge the estate of such person of and from the said forfeiture, which they shall certifie to the said Contractors or any five or more of them, who are hereby authorized and required, out of the purchase moneys, unpaid to reprise so much as the purchase of such part of the premisses was estimated at in sale thereof, which they shall certifie unto the Treasurers, who are hereby authorized and required to allow the same unto such purchaser or purchasers out of his or their moneys which shall be unpaid at the time of the receipt of such certificate, which shall be a sufficient discharge to the said Treasurers;

Provided, that such Tenant make his appeal before payment of the second moyety.

Provided, that such Tenant or Tenants make his or their appeal to the said Committee before the payment of the second Moyety for such purchase.

And it is further Ordained, that such order or discharge made as aforesaid, shall be good and effectual to such Tenant or Tenants to have, hold and enjoy the particular estate and interest he claimed and made appear, as aforesaid, he ought to have and enjoy the said premisses, notwithstanding the same were forfeited and sold as in possession.

This Committee are to send for such Tenants and their leases, &c. as neglected or refused to shew their leases.; Power to commit them in case of refusal.;The Contractors may sell the premises as in possession.; Power to discharge the estate of such person from forfeiture.

And it is further Ordained, that if any such person or persons who intend to be the purchaser or purchasers of any of the Hereditaments and Possessions of the late Archbishops and Bishops, where there hath been or shall be any such neglect or refusal of the Tenants as aforesaid, certified upon the survey of the said premisses or forfeiture incurred, do, or shall procure from the Contractors a Certificate unto the said Committee, of the names of such Tenant or Tenants who have refused or neglected, and forfeited, or shall neglect, refuse, or forfeit as aforesaid, That then the said Committee as aforesaid, are hereby authorized to send for such Tenant or Tenants, as likewise for their Leases or Copies, and other Writings concerning their Estate in the Premisses, which if he or they shall refuse to produce, or make his or their Estate appear by proof upon Oath, which the Committee is hereby authorized to administer, That then the said Committee may commit such person and persons to safe custody, there to remain until he or they yield obedience to this and other Ordinances of Parliament, and such Orders as the said Committee shall make touching the Premisses: And the said Contractors may notwithstanding sell such Premisses as in possession, according to a former Ordinance of Parliament. And in case of obedience and conformity to the Ordinances of Parliament, and such Orders as the said Committee shall make touching the Premisses, the said Committee are hereby authorized to discharge the Estate of such person or persons of and from the said forfeiture, and the same together with the particular interest is made appear unto them to certifie as well to the Trustees as Register; And the Register shall make his particular accordingly: And the said Contractors are hereby authorized to contract for and sell, and Trustees to convey the same, as if it had been expressed in the survey.

To insert words in the particular that are wanting in the Survey.

And it is further Ordained, that where in any Survey made or to be made of any of the Mannors, Lands, Tenements, and hereditaments of the said late Archbishops, and Bishops, there shall be any words wanting, without which the said Committee or any five or more of them, or the said Contractors, or any six or more of them, shall conceive that the said premisses, or any part thereof comprised in any such Survey, or any of the Courts, Franchises, Liberties, Royalties, Priviledges, or appurtenances to them or any of them belonging cannot be conveyed to the purchaser, or purchasers thereof, so fully as ought to be: To the intent the purchaser may have in his or their conveyance, words sufficient to pass so much of the said premisses as he or they do or shall contract for; The Register in every particular by him made upon every such Survey, shall insert, and hereby is authorized to insert such words as the said Committee as aforesaid, or the said Contractors, or any six or more of them shall think fit, and direct, therein to be inserted, notwithstanding the same be not expressed in the survey, whereupon such particular shall be made. And the said Contractors shall and may proceed, and are hereby authorized and enjoyned to contract for, and pass conveyances of the said premisses, or any part thereof according to such particular so amended.

No reprise be made but where a value is put upon the thing, &c.

Provided, that there shall be no reprise by reason of the addition of any word or clause as aforesaid, unless there be a value put upon the thing or things in the particular, upon which the contract is made.

Where the premisses contracted for, or conveyed, are subject to any incumbrance not mentioned in the Survey, or that the premisses were not the Bishops lands, the Committee to determine it.;The Treasurers to repay the purchase money forthwith upon Warrant.

And it is further Ordained, That if any purchaser or purchasers, or others, shall make it appear unto the said Committee, any five or more of them, by proof upon Oath, which the said Committee as aforesaid, are hereby authorized to administer, and likewise to send for Parties, Writings, and Witnesses touching the premisses, that the premisses contracted for, or conveyed, are subject and liable unto any estate, charge, or incumbrance not mentioned in the Survey of the said premisses, or that the premisses were not the Mannors, Lands, Tenements, and Hereditaments of the said late Archbishops, or Bishops; That then the said Committee, or any five or more of them, are hereby authorized to hear and examine the same, as aforesaid, and thereupon to determine the same, and to certifie unto the said Contractors their resolution and determination of, and concerning the premisses; And the said Contractors are hereby authorized to allow unto such purchaser or purchasers, by way of reprise out of his or their moneys unpaid, so much as the said estate, charge or incumbrance, proved, as aforesaid, shall be valued at, and the same to certifie to the Trustees, who shall issue out Warrant, or Warrants, to the Treasurers, to defaulk and allow the same unto such purchaser or purchasers; And where the said Contractors shall be certified as aforesaid, that the premisses contracted for, or conveyed, were not the premisses of the said late Archbishops, or Bishops, they shall and may, and are hereby authorized to discharge such purchaser or purchasers of his or their contract; And in case where any purchaser hath perfected his conveyance, if the said Committee as aforesaid do or shall certifie the said Trustees, or any five or more of them, that the premisses are not the Mannors, Lands, Tenements, and Hereditaments, of the said late Archbishops or Bishops; That then the said Trustees as aforesaid, shall issue out their Warrant to the Treasurers to repay such person or persons his or their moneys forthwith out of such moneys as are in Treasury, or out of the next moneys which shall come into the Treasury; And the said Warrant, together with the Receipt of the party, shall be a good and sufficient discharge to the said Treasurers.

Doubts upon any Ordinances to be determined by this Committee.; Actors upon this Ordinance to be saved harmless.

And it is further Ordained, that if any doubt shall be made or arise upon any word or clause in this present Ordinance, or any other Ordinance of Parliament, touching, and concerning the premisses, by the said Trustees, Contractors, Treasurers, and other Officers, imployed about, or concerning the said premisses: The said Trustees, Contractors, Treasurers, and other Officers imployed as aforesaid, are hereby authorized and enjoyned to proceed therein according to the determination and direction of the said Committee, any five or more of them, any former Order or Ordinance of Parliament to the contrary notwithstanding; And whatsoever the said Committee, Trustees, Treasurers, and other Officers, or any of them, shall do in pursuance of this present Ordinance, they shall be saved harmless and indempnified by authority of Parliament.