February 1650: An Act for removing of Obstructions in the Sale of the Honours, Manors and Lands of the late King, Queen and Prince.

February, 1650

[18 February, 1649/50.]

Committee for removing Obstruction.

Be it Enacted by this present Parliament, and by the Authority of the same, That the persons nominated and appointed to be a Committee for removing Obstructions in the Sale of the Lands of the late Deans, and Deans and Chapters, by an Act of this present Parliament, published in print the Twentieth of June, One thousand six hundred forty and nine, or any five or more of them, shall be, and by the Authority aforesaid, are constituted and intrusted to be a Committee for removing Obstructions in the Sale of the Honors, Manors, Castles, Parks, Lands, and other Hereditaments, sometimes belonging to the late King, Queen and Prince, and to every and any of them, in pursuance of an Act of Parliament for sale of the said Lands, 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.

their power.; Ord. 21 Nov. 1648.

And be it Enacted by the Authority aforesaid, That the said Committee be hereby authorized and intrusted to order, determine and put in execution, all and every the Powers and Authorities mentioned and contained in an Ordinance of Parliament of the 21 of November, One thousand six hundred forty and eight (in order to the removing of Obstructions in the sale of the said Honors, Manors, Lands and premises) as fully to all intents and purposes, as the Committee named in the said Ordinance might have done, in order to the removing of Obstructions in the sale of the Lands of the late Archbishops and Bishops; and the Trustees, Contractors, Treasurers, Comptroller, Surveyors, and all other persons imployed in and about the sale of the said Honors, Manors and Premises, are required and enjoyned to observe the Orders and Directions of the said Committee, in the exeuction of the Power and Authority hereby granted unto them.

How purchase-money shall be paid.

And be it Enacted by the Authority aforesaid, That all and every the immediate Tenants of the said Honors, Manors, Lands, and other Hereditaments, and of every or any of them, who shall become Purchasers of any part of the premises as immediate Tenants, shall pay one full moyety of the values of their respective Purchases in Money, as the same shall be valued in their respective Contracts; and shall pay the other moyety of their respective Purchases, in such Debentures as the Trustees for sale of the said Lands are authorized to allow of, and accept in payment for the said Lands; The said payment to be made at such times as by the said Act for sale of the said Lands is limited and appointed.

Eight pence in the pound allowed for Salaries.

And be it further Enacted by the authority aforesaid, That all and every person and persons who shall become purchasers of any the Lands and premises in the said Act mentioned, as immediate Tenants or Assignees, shall upon signing his and their respective Contracts, pay down in ready money, in part of his and their purchase, the sum of eight pence for every pound that the said respective Purchases shall amount unto, according to the valuation agreed upon in their Contracts respectively; that is to say, unto the Treasurers named in the said Act, one peny for the use of themselves towards their Salaries; unto the said Treasurers, one other peny towards the Salaries appointed unto the other Officers named in the said Act, and unto the Contractors named in the said Act, for the use of them the said Contractors; and of the said Trustees towards their Salaries, six pence equally to be divided between them.

A former Act recited.

And whereas by the said recited Act, it is provided, That the allowances due to the Trustees, Contractors, Treasurers, Comptroller of Entries, Register of Debentures, and the charges of Surveying, and all other incident charges shall be paid and defrayed out of such Moneys as shall come in by sale of the premises, and by the Rents, Issues and Profits of the premises, while the same remain unsold. And it is therein further provided, That if money do not come in to satisfie the Salaries allowed by the said Act to the said Contractors, Trustees and Treasurers, that then they shall and may have part of the premises in lieu of the said Salaries, as it shall be Ordered by authority of Parliament. And whereas by another Act, Entituled, An Act with further Instructions to the Treasurers, Trustees, Contractors, Register, Surveyors, and other persons imployed in the Sale of the Premises, and for the stating of Accompts, the said Trustees and Treasurers are appointed to allow and pay unto the Committee for Accompts in the said last recited Act named, such Salaries and Allowances, as to the said Trustees, with the approbation of the Committee for removing Obstructions in the sale of the said Lands shall be thought fit.

Salaries and incident charges to be duly paid.

To the end therefore that the said Salaries, Allowances, and incident charges may be duly paid and secured, according to the true intent of the said recited Act; and that the Officers and Soldiers (who shall become Purchasers of the premises, or any part thereof, as Original Creditors in satisfaction of their Arrears) shall not be enjoyned to pay any money upon their contracts, towards the satisfying of the said Salaries, for so much of their respective purchases as their Original debts amount unto, Be it Enacted by the authority aforesaid, That all and every sum and sums of money which shall be advanced by sale of the premises, or any part thereof, unto immediate Tenants or Assignees, or unto any Purchaser who shall pay all or any part of the price of his purchase in ready money; and likewise all the Rents, Issues and Profits of the premises, while the same remain unsold, shall be, and hereby are declared and appointed to be imployed in the first place for the payment and discharging of the said Salaries, Allowances, and incident Charges in the recited Acts mentioned; and that so much thereof as is allowed to the said Trustees and Contractors, by vertue of this and the said former Acts, shall be from time to time equally paid to the said Trustees and Contractors: And the said Treasurers shall, and are hereby enabled and required to issue out and pay all such money as shall be paid unto their Treasury, by vertue of this or the said former Acts (their own proper Salary deducted) according to such Warrants as they shall from time to time receive from the said Trustees. or any five or more of them, according to the Rules and Directions, and for the ends and purposes contained in this present and the said former Acts; and the acquittances of the respective persons to whom the said Warrants shall be made, shall be a good discharge to the said Treasurers; which said Warrants the said Trustees are authorized and appointed to issue out accordingly.

Clarendon and Bowood Parks security for Discharge of Salaries.; Coppices and Under-woods to be sold.

And to the end that competent security for the discharging of the said Salaries, Allowances, and other incident Charges (in case the said money to be received by Contract, Sale, or by the Rents, Issues and Profits of the premises fall short) may be provided out of some part of the premises, so as the whole may not be charged therewith, or obstructed in the sale thereof, Be it Enacted by the authority aforesaid, That the said Trustees in the said Act for sale of the said Lands named, and the Survivors and Survivor of them, and the Heirs of the Survivor of them, shall from henceforth stand seized of those Parks, called Clarendon Park, and Bowood Park, alias Kings Bowood Park, in the County of Wilts, and of all the Royalties, Priviledges, Franchises, Immunities and Appur tenances to them or either of them belonging, to the uses, intents and purposes following; that is to say, That the said Contractors for sale of the said Lands, or any five or more of them, shall and may contract for, and that the said Trustees, or any five or more of them, shall and may make sale of all Coppices, Cordwoods, Pollards and Under-woods, growing or being upon the said two Parks, or either of them (all TimberTrees onely excepted) to such person and persons as they shall think fit, at the best and most improved Rates they can get for the same for ready money, to be paid to the Treasurers in the said Act named, towards the satisfying and discharging of the said Salaries, Allowances, and incident charges; and in case the money which shall be raised before the first day of February, which shall be in the year of our Lord God, One thousand six hundred and fifty, by sale of the said Woods and Under-woods, and by sale of other the said Manors, Lands and premises, shall not be sufficient to pay and discharge the said Salaries, Allowances and incident charges, and that the same shall not by that time be supplyed by Order of Parliament in ready money, That then the said Contractors, or any five or more of them, shall and may contract for; and that the said Trustees or any five or more of them, shall and may make sale of the said two Parks, with all their and either of their Appurtenances (except such Timber-Trees fit for the use and service of the Navy, as are excepted from Sale in the first recited Act for Sale of the said Lands) to such person and persons. Bodies Politique or Corporate, as they shall think fit, at the best and most improved Rates they can possibly get for the same in ready money, to be paid to the said Treasurers in the said first recited Act named, for the uses and purposes aforesaid, Any Clause or Article in the said former Acts or any of them to the contrary notwithstanding.

Earl of Pembrokes title in Clarendon and Bowood not to be prejudiced.

Provided always, and be it by the Authority aforesaid further Enacted, Ordained and Declared, That this Act, or any thing therein contained, shall not extend, nor shall be taken, deemed, intended or construed to be, or extend to the making void, taking away, extinguishing, or any way to the prejudicing or impairing of the Right, Title, Estate, Interest and Profits of Philip Earl of Pembroke and Montgomery, or of any other person or persons, of, in and to the Custody, Lieutenancy, Herbage, Pannage, and other Profits, Offices and Perquisites, of, in and to Clarendon and Bowood aforesaid, or either of them, by vertue of any lawful Grant, Patent, Usage or Custom; but that the said Right and Title of the said Earl and his Heirs-male, and of all other persons, of, in and to the same, or either of them, or any part of them or either of them, and of, in and to the Offices, Profits, Commodities and Advantages thereof, shall remain, continue, and be as free and clear, and as freely and clearly preserved in as full and ample maner, as if this Act had never been made, Any thing herein to the contrary in any wise notwithstanding.

If the Salaries shall be paid before 1 Feb. 1650 then the Parks to be sold.

And be it further Enacted, That if all the said Salaries, Allowances and incident Charges shall be paid before the said First of February, which shall be in the year of our Lord, One thousand six hundred and fifty, That then the said two Parks shall be sold for the payment of the Arrears of the Soldiers, according to the direction of the said former Act.

Trustees may give further time for bringing in Debentures.

And whereas by the said recited Act for Sale of the said Lands, it is Ordained, That the said Trustees shall call in such Debentures as were heretofore given out for Arrears of Soldiers in the said Act specified, by such certain day as they should think fit, not exceeding six Moneths from the first of July, One thousand six hundred forty and nine, and should cancel the same, and in stead thereof should give out new Debentures or Bills, as by the said Act is at large expressed; Be it further Enacted, That the said Trustees shall and may appoint a further time for the bringing in of the said Debentures (if they see cause) not exceeding six moneths from the First day of January, One thousand six hundred forty and nine; and shall proceed to give out new Debentures or Bills in stead thereof, as by the former Act is directed: Which new Debentures or Bills shall be good and valid in the Law to charge the Commonwealth, as if the same were given out according to the direction of the said first recited Act.

Speedy sale.

And be it further Enacted by the Authority aforesaid, That (for the more speedy sale of the premises, and preservation of the preemption intended by the former Act unto immediate Tenants and Original Creditors the Contractors in the former Act named, shall and may expose the said respective Honors, Manors, Lands and premises to sale, and make publication thereof upon such days and times, and in such maner as they shall conceive may tend most to publique advantage, and due satisfaction of the Arrears of the Soldiers; and that the time of preemption given unto immediate Tenants and Original Creditors by the said former Act, shall begin from the respective days of exposing to sale the said respective Honors, Manors, Parks, Lands, and other the premises and publication thereof as aforesaid.

Further time for the Commissioners of the Navy to mark Timber.

And be it further Enacted, That the Commissioners for the Navy shall have further time, until the first day of May, One thousand six hundred and fifty, for the surveying and marking of the Timber Trees excepted from sale, and reserved for the use of the Navy; and that Surveyors for that service be indifferently appointed and chosen by the said Trustees and the said Commissioners of the Navy, who upon Oath (which the said Trustees have hereby power to administer) are required to survey and mark the said Timber, according to the true intent and meaning of the said former Act, and according to such further Rules and Instructions as are or shall be agreed upon by the said Trustees and the said Commissioners of the Navy; and (in such particulars wherein they cannot agree) according to such Rules and Instructions as they shall receive from the Committee for the removing Obstructions in the sale of the said Lands.