Pages 168-191
Acts and Ordinances of the Interregnum, 1642-1660. Originally published by His Majesty's Stationery Office, London, 1911.
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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.