Pages 81-104
Acts and Ordinances of the Interregnum, 1642-1660. Originally published by His Majesty's Stationery Office, London, 1911.
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April, 1649
[30 April, 1649.]
The name and Function of Dean, Sub-Dean, Dean and Chapter, &c. abolished.
The Commons of England in Parliament assembled, having seriously weighed the Necessity of raising a present supply of Moneys for the present safety of this Commonwealth; and finding that their other Securities are not satisfactory to Lenders, nor sufficient to raise so considerable a sum as will be necessary for the said service, are necessitated to sell the Lands of the Deans and Chapters, for the paying of publique Debts; and for the raising of Three hundred thousand pounds, for the present supply of the pressing necessities of this Commonwealth, Do Enact, Ordain and Declare, and be it Enacted, Ordained and Declared, That from and after the Nine and twentieth day of March, in the year One Thousand six hundred forty nine, the Name, Title, Dignity, Function, and Office of Dean, Subdean, Dean and Chapter, Archdeacon, Prior, Chancellor, Chanter, Subchanter, Treasurer, Subtreasurer, Succenter, Sacrist, Prebend, Canon, Canon-Resident, and Non-Resident, Petty-Canon, Vicar Choral, Choristers, Old Vicars, and New; and all other Titles and Offices of and belonging to any Cathedral or Collegiate Church or Chappel in England and Wales, Town of Berwick upon Tweed, and Isles of Guernsey and Jersey, shall be, and are by the Authority aforesaid, wholly abolished and taken away; and that all and every person and persons are, and be from the said Nine and twentieth day of March, disabled to use or hold the Place, Function, Office, Title or Stile of Dean, Sub-dean, Dean and Chapter, Arch-deacon, Prior, Chancellor, Chanter, Sub-chanter, Treasurer, Sub-treasurer, Succenter, Sacrist, Prebend, Canon, Canon-resident or non-resident, Petty-canon, Choral, Vicar Choral, Chorister, Old Vicar or New, in England or Wales, Town of Berwick on Tweed, Isles of Guernsey and Jersey, or to use, put in use, or exercise any power authority, jurisdiction or imployment, by force or colour of any Letters patents from the Crown, made or to be made, or by reason of any such Name, Title, Dignity, Office or Function, or by any other Authority whatsoever, in England or Wales, Town of Berwick on Tweed, Isles of Guernsey and Jersey, Any Law, Statute, Usage or Custom to the contrary notwithstanding.
All their Honors, Manors, Lands, &c., and Hereditaments whatsoever.; Charters, Deeds, &c., vested in Trustees.; The Trustees Names.; Tenure.; Tythe-free,; yet subject to the trust and uses hereby declared.
And be it Enacted and Ordained by the Authority aforesaid, That all Honors, Manors, Lordships, Circuits, Precincts, Castles, Granges, Messuages, Mills, Lands, Tenements, Meadows, Pastures, Parsonages appropriate, Tythes, Oblations, Obventions, Pensions, portion of Tythes, Parsonages, Rectories, Vicaridges, Churches, Chappels, Advowsons, Donatives, Nomination, Right of Patronage and Presentation, Parks, Woods, Rents, Reversions, Services, Annuities, Franchises, Liberties, Priviledges, Immunities, Rights of Action and of Entry, Interest, Titles of Entry, Conditions, Commons, Courts Leet and Courts Baron, and all other Possessions and Hereditaments whatsoever; with all and every of their Appurtenances, of what nature or quality soever they be, which now are, or at any time within Ten years before the beginning of this present Parliament, of right were belonging to the said Deans, Subdeans, Deans and Chapters, Archdeacons, Priors, Chancellors, Chanters, Sub-chanters, Treasurers, Sub-treasurers, Succenters, Sacrists, Prebends Canons, Canons resident or non-resident, Pettycanons, Vicars, Chorals, Choristers, Old Vicars or New Vicars, which they or any of them had, held or enjoyed, in right of, or by reason of his or their said Office, Name, Title, Stile, Dignity, Function, place or employment respectively; together with all Charters, Deeds, Legier Books, Court Rolls, Accompts, Writings and Evidences whatsoever concerning the premises, or any of them, which do belong to any the said Deans, Sub-deans, Deans and Chapters, Arch-deacons, Priors, Chancellors, Chanters, Sub-chanters, Treasurers, Sub-treasurers, Succenters, Sacrists, Prebends, Canons, Canons resident or non-resident, Petty-canons, Vicars, Chorals, Choristers, Old Vicars or New Vicars, are vested, setled, and shall be, and are adjudged, deemed and taken to be in the real and actual possession and seisin of Sir John Wollaston Knight, Thomas Noel, William Hobson, Thomas Arnold, Owen Roe, Stephen Estwick, Robert Titchborn, George Langham, John Stone, Mark Hildesly, John White, William Wyberd, Daniel Tayler, William Rolf and Rowland Wilson, Esqs; their Heirs and Assigns: And the said Sir John Wollaston, Thomas Noel, William Hobson, Thomas Arnold, Owen Roe, Stephen Estwick, Robert Titchborn, George Langhhm, John Stone, Mark Hildesley, John White, William Wyberd, Daniel Tayler, William Rolf and Rowland Wilson, and the survivor and survivors of them, and their Heirs and Assigns, shall hold all and every part and parcel of the said premises of the Manor of East Greenwich in Fee and common Soccage, by Fealty onely, and by no other Tenures or Services whatsoever; and shall hold all and every the premises which the said Deans, Deans and Chapters, and other the persons beforementioned held of any other then of the King, by the Rents and other Services therefore due, and of right accustomed. And the said Trustees, their Heirs, Assigns, Farmers and Tenants, shall also have, hold and enjoy the premises and every of them, freed, acquitted and discharged, of and from the payment of Tythes, as fully as the said Deans, Deans and Chapters, and other the persons beforementioned did hold and enjoy the same at any time, during the time of Ten years before the beginning of this present Parliament, or any time since: Nevertheless, upon trust and confidence, that the said persons before named for Trustees, 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 the Authority aforesaid shall be hereby declared and appointed, and dispose of the same, and the Rents and profits thereof, as by the Authority aforesaid shall be ordered and appointed.
Trustees not to avoid any Lease made for any term not exceeding three Lives, or 21 years in possession.
Provided, That the said Trustees, their Heirs and Assigns, shall not avoid any Leases made for any term not exceeding Three Lives, or One and twenty years in possession, (saving and excepting such Leases as for a longer time for years are good and warrantable by the Laws of the Land) or in such maner, as that together with the Lease in being, shall not exceed Three Lives, or One and twenty years; so as the old and accustomed Rent and Rents, or so much Rent and Rents as the ancient and accustomed Rent amounts unto be reserved payable, during the said voidable term and terms or Estates; and so as the said Leases have not been procured or purchased of any of the said Deans, Deans and Chapters, and other the persons aforementioned since the First day of December, One thousand six hundred forty one.
Grant or Lease made by any Dean Dean and Chapter, since the first of December 1641. to be void.
And be it further Enacted and Ordained by the Authority aforesaid, That if any Dean, Dean and Chapter, or other the persons aforementioned, have at any time since the first of December, 1641. made any Grant or Lease to any person or persons, Body Politique or Corporate, of any the Honors, Manors, Lordships, Messuages, Lands, Tenements and Hereditaments, or any other the premises aforesaid, or any of them in right, or by reason of their said Office, Place, Function or Dignity, the same Grant or Lease shall be utterly void, and of none effect; and the person or persons, Body Politique or Corporate, unto whom the same was made, shall have no benefit thereby.
Leases surrendered since the first of December to be enjoyed.; Saving.; all Titles before 1 Dec. 1641.; Saving 1 May 1641.
Provided, and be it Enacted and Ordained, and it is hereby Enacted and Ordained, That if any person or persons, Body Politique or Corporate, at any time or times since the said first of December, One thousand six hundred forty one, who had any Grant or Lease for one or more Life or Lives, or any number of years of the premises, or any part thereof as is aforesaid, did surrender the same, to the end that he or they might have a new Grant or Lease granted or made unto him or them, and had such new Grant or Lease accordingly made unto him or them, which by this present Act is made void, That the said Person or persons, Body Politique or Corporate, who hath so surrendred any such former Grant or Lease, his and their Heirs, Successors, Executors, Administrators and Assigns, shall have, hold, possess, and enjoy such time and term as he or they had in any part of the said premises, by vertue of any such former Lease or Leases, in such sort and maner as he or they should have had, held and enjoyed the same, if no such surrender had been made, subject nevertheless to such payments of Rents and other services, covenants, and conditions and agreements, as in the said former Grants or Leases were expressed and contained, (saving unto all and every person and persons, their Heirs, Executors and Administrators, Bodies Politique and Corporate, and their Successors, other then such person or persons as shall or may claim, or pretend to have any Right, Title or Interest unto the premises, or any part thereof, as King of England, or his Heirs or Successors, Deans, Deans and Chapters, and other the persons aforementioned, and other then the Founders and Donors, as Founders and Donors of and to the said Deans, Deans and Chapters, Archdeacons, Priors Chancellors, Chanters, Subchanters, Treasurers, Subtreasurers, Succenters, Sacrists, Prebends, Canons, Vicars Choral, Choristers, Old Vicars and New, and other the persons beforementioned and their Heirs) All such Right, Title, Interest and Possession, Rights in Law or Equity, Entries, Annuities, Commodities, Fees, and other profits which they or any of them before the said First day of December, 1641, ought lawfully to have had, in or to the premises, or any part or parcel thereof, as if this Act had never been had or made: Also saving to all such person or persons as have adhered to the Parliament, all such Estate as he or they since the first day of May, Anno Dom. One thousand six hundred forty one, have forfeited or made forfeitable for not payment of Rent, or not performing of Services to any the said Deans, Deans and Chapters, or other the persons before mentioned; except it be in the case of a Lease made utterly void by this Act, by reason the same hath been procured or purchased of any the said Deans, Deans and Chapters, or other the persons beforementioned, since the aforesaid first day of December, Anno Dom. One thousand six hundred forty one.
Revenues and Rents for maintenance of Grammar-Schools, High-ways, Almshouses, &c.
Provided also, and it is hereby further Enacted and Ordained by the authority aforesaid, That all and singular the Revenues, Rents, Issues, Fees, Profits, sums of money, and allowances whatsoever, which before the said first day of December, One thousand six hundred forty one, have been, and then ought to be paid, disposed and allowed unto and for the maintenance of any Grammar School or Scholars, or for or towards the Reparation of any Highway, Caus-way, Bridges, School-house, Alms-house, or for any other charitable use, payable out of any the premises; or which are chargeable, or ought to issue out of, or to be paid for or in respect of the premises or any of them, shall be, and continue to be paid and allowed, as they were before the said First of December, One thousand six hundred forty one, Any thing in this present Act to the contrary in any wise notwithstanding.
This Act not to extend to any Coledge, Church, Corporation, Foundation, or House of Learning in either of the Universities
Provided also, That this Act, nor any thing therein contained, shall extend to any Colledge, Church, Corporation, Foundation or House of Learning in either of the Universities within this Commonwealth, Nor to the Corporation of Christs Church in Oxford, of Henry the Eighths Foundation; Nor to any Manors, Lands, Tenements and Hereditaments thereunto belonging; Nor to the Revenues of any publique Professor or Reader in either of the Universities; Nor to the Foundation of any of the Schools of Westminster, Winchester or Eaton.
Premises vested in the Trustees, till sale.; Parsonages and Tythes appropriate, &c. excepted.; Vide Acts June, 8. 1649. and April 5. 1650.
And for the better Encouragement and Security of such person and persons as shall be purchasers of the said Lands, Be it Enacted, Ordained and Declared by the authority aforesaid, That Sir John Wollaston, and other the persons beforenamed as Trustees, the survivor and survivors of them, and the heirs of the survivor of them, shall stand and be seised of all and singular the said premises, vested and setled in them and their heirs (Excepting Parsonages appropriate, Tythes appropriated, Feefarm Rents issuing out of Tythes, Oblations, Obventions, portions of Tythes, Parsonages, Vicarages, Churches, Chappels, Advowsons, Donatives, Nominations, Rights of Patronage and Presentation) until the sale and conveyance thereof shall be made unto any 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 respective Lenders within this Act; and such sums as are by this Act transferred upon the said Security, and of the remainder of the said premises that shall be left unsold, after such satisfaction made, to such further use and uses as shall hereafter be Declared by the Authority aforesaid.
Trustees to have power to appoint Surveyors.; An Ordinance of the 16 of November 1646.; Majors, Sheriffs and Justices of the Peace, to assist Surveyors in the executing the Act.
And be it further Enacted and Ordained, That the said persons aforementioned as Trustees, or any five or more of them, shall have like 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; 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, all the powers and authorities that the aforesaid Surveyors, or any three of them may or might have done, by vertue of any power or authority given unto 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.
Trustees authorized to administer an Oath to the Surveyors.
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 Surveyor's 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 the Abolishing of Deans, Deans and Chapters, Canons, Prebends, and other Offices belonging to any Cathedral or Collegiate Church or Chappel in England or Wales; And shall use my best endeavour and skill, to discover the state 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 to accompt Surveyors.
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 or unfaithful in pursuance of the duty or trust in them reposed; that then they shall and may remove them, or any of them, which they shall so finde deficient or unfaithful, and nominate and appoint others in their stead.
Trustees authorised to take such learned; Councel, and appoint such Stewards as they think fit.; Stewards made by Oridnance of Parliament formerly, not to be put outOrdinance 2 Dec. 1647.
And it is further Enacted, That the said Trustees, or any five or more of them, are hereby authorised to take unto them such Councel Learned, and to appoint such Stewards of Manors, and other Officers, as any five or more of them or 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. Provided always, That this Act shall not extend to the putting out of any Stewards of any Liberties or Courts, formerly appointed and made by vertue of any Ordinance of Parliament, but that they shall continue and be, during such time as the said Liberties and Courts 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.
Ordinance 2 Dec. 1647.
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 2 of December 1647, Entituled, An Ordinance for removing Obstructions in the Sale of Bishops Lands.
The Names of the Contractors.; Tenants to subscribe to their Contracts within thirty days.
And be it further Enacted, That Sir William Roberts Knight, John Blackwel, James Russel, Thomas Ayres, Robert Fenwick, Edward Cressit, John Heyling of Grays-Inn, Nathaniel Whetham, Roger Smith, Dr. William Parker, Josias Barners, and Clement Oxenbridge, Esqs; 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, Body 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 or his Deputy, as hereafter shall be by this Act nominated and appointed. Provided, That the said Contractors shall not treat or contract with any person or persons, Body Politique or Corporate, other than the immediate Tenant or Tenants of the said Deans, Deans and Chapters, and other the persons beforementioned for the respective Lands, Tenements and Hereditaments which he or they so hold for the space of Thirty days, to be accompted from the Return of the Survey thereof; 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 thereof to any other person or persons, Bodies Politique or Corporate whatsoever.
Lands not to be sold under twelve years purchase.; A lease for one Life not under six years purchase.; Other Rates prescribed.
And it is further Enacted, That the said Contractors shall not sell any of the Lands, Possessions, or Hereditaments of the said Deans, Deans and Chapters, and other the persons aforementioned in possession, under twelve years 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 Decemb. 1647. 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 years purchase; and that a Reversion of such Lands and Hereditaments upon a Lease for two Lives, shall not be sold under three years 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 a halfs purchase: And where any Tenant or Tenants of any the premises, claim 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 proportionable to this Rule. And the said Contractors shall not sell a Reversion of the said premises upon a Lease for seven years, under six years and a halfs purchase; and that a Reversion upon a Lease for fourteen years, shall not be sold under four years and a quarters purchase; and that a Reversion upon a lease for one and twenty years, shall not be sold under three years purchase; and all other Reversions upon Leases for more or fewer years, shall be sold proportionable 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.)
The Contractors Oath.
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 abolishing of the Office of Deans, Deans and Chapters, Canons, Prebends, and all other Offices and Places belonging to any Cathedral or Collegiate Church or Chappel in England and Wales; And that I will not for Favor or Affection, Reward or Gift, or hopes of Reward or Gift, break the same.
Contractors power.
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 Sale of the 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.
Hen. Scobel, Esq; Register.; To keep all Records, Rentals, &c.; Surveyors to make their returns to him.; To rate and sign particulars.; 100 l. yearly Fee to the Register.
And for the better carrying of the said service, Be it Enacted and Ordained by the authoritie aforesaid, That Henry Scobell Esquire shall be Register and Keeper, and shall have the custodie and keeping of all Records, Charters, Evidences, CourtRolls, Leiger Books, Writings, Books of Survey, Rentals, Certificates, and other things, of or concerning the Lands and Possessions of the said Deans, Deans and Chapters, and other the persons before mentioned; or concerning any the Honors, Manors, Castles, Lands, Tenements, Hereditaments, or other the premises herein mentioned; 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 the 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 by himself or deputie, 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 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 authoritie for the said Contractors or any five or more of them, to proceed to sell accordingly; and the said Register shall make entry of all and every such Contract and Contracts, and other Proceedings thereupon; To 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 First of July, half yearly, by equal portions; which said yearly 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 or particulars, and otherwise in the execution and discharge of the said Office, as the Committee appointed by Ordinance of Parliament of the One and Twentieth of November, One thousand six hundred forty eight, for removing of Obstructions in the sale of Bishops Lands, shall think fit and reasonable.
Two pence in the sheet to the Register.; Ordinance 16 Nov. 1646.
Provided, That the said Register and Keeper shall have but Two pence the sheet for all things that are to be Copied, 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 to the Register for the sale of Bishops Lands, expressed and mentioned in the Ordinance of Parliament of the Sixteenth of Novemb. One thousand six hundred forty six, entituled, An Ordinance of the Lords and Commons assembled in Parliament, for appointing the sale of Bishops Land for the use of the Commonwealth.
Trustees power to convey any part of the premises.; Discharged of all Trusts.; Free from all Incumbrances.; Trustees to plead the general issue to any Action brought against them
And be it further Enacted by the authoritie aforesaid, That the said Trustees, or any five or more of them, shall have power and authoritie, and are hereby impowered, authorized and required, to convey the premises, or any part thereof, by bargain and sale enrolled, according to the Statute, or otherwise by any good and 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 or purchasers, and the said Contractors before-named, or any five or more of them, shall be good and effectuall in Law, to all intents and purposes: And all and every purchaser or purchasers of the premises, or any part thereof, his Heirs and Assigns, shall have, hold and enjoy the premises that shall be by him or them purchased, discharged of all trusts and accompts whereunto the said Trustees are or may be lyable 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 whatsoever (saving the Rents and Interests before 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 lyable 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, done 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 aforesaid. 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.
Eviction. *from the French aisne, i.e. elders or elder.; An Ordinance of November 21, 1648.; Acts of Parliament or Letters Patent.; An Ordinance of the 23 of September 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 *eigne 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 or advanced for the said purchase, and that in such maner as both Houses of Parliament have appointed and 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, 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 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.
300,000 1. upon Security of Deans and Chapters Lands, borrowed by way of doubling.; Encouragement for doubling of moneys.; The maner of doubling moneys.
And forasmuch as the Commons of England in Parliament assembled, having taken into their serious consideration the necessity of raising a considerable sum of moneys for the present service of England, Ireland and the Navy, Do Enact and Ordain, and be it Enacted and Ordained, That the sum of Three hundred thousand pounds shall be borrowed upon the Security of the Lands of the said Deans and Chapters, and other the persons before mentioned, by way of doubling the like sum as shall be due unto any person or persons, body politique or corporate upon the publique Faith. And for the encouragement of such as shall advance any sum or sums of money, towards the raising the said Three hundred thousand pounds, Be it Enacted and Ordained by the Authority aforesaid, That every person and persons, body politique and corporate, who hath voluntarily advanced any Moneys, Plate, Arms, Horses, with their furniture and arms, upon the publique Faith, for every sum of money he shall further lend as aforesaid, may and shall be secured the moneys formerly lent as aforesaid, and such other moneys as he or they shall advance, for the raising of the said Three hundred thousand pounds, upon the Lands of the said Deans, Deans and Chapters, and other the persons beforementioned; As for example, If there be owing to any person or persons, body politique or corporate, One hundred pounds principal, which together with interest due thereupon for three years, will make One hundred twenty four pounds; he or they advancing One hundred twenty four pounds, may and shall be secured Two hundred forty eight pounds as aforesaid; and so proportionately for a greater or lesser sum: And for the more speedy reimbursing of such Lenders, and paying such sums as are transferred from the Excize and Goldsmiths-Hall, upon the said security, the Lands of the said Deans, Deans and Chapters, and other the persons beforementioned, are (excepting Parsonages, Tythes, and Impropriations) estated and vested in the said Trustees, for the speedy sale thereof.
Moneys doubled, to be paid in to; the Treasurers, within ten days after the accompt stated.
And it is further Enacted by the authority aforesaid, That every person or persons, Body Politique or Corporate, who shall lend any Moneys on the said Security as aforesaid, and shall have his or their debt and interest stated by the Register-Accompant named in this Act, and certified to the Treasurers named in this Act, shall pay in to the said Treasurers, the Moneys wherewith he ought to double as aforesaid, within ten days next after the certificate thereof made to the said Treasurers, or otherwise shall lose his moneys due upon the Publique Faith, unless he or they shew good cause to the said Treasurers, or any two of them, to be allowed by them or any two of them, for his or their neglect.
Treasurers named for this service.
And it is further Enacted, That Thomas Noel, Stephen Estwick, and William Hobson, Esqs; shall be Treasurers for the said Service and that they or any two of them, are hereby impowered and authorized to receive the said Three hundred thousand pounds, and all other such sum and sums of money, as from time to time ought to be paid in to the Treasury by vertue of this Act, which shall be issued out 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 Commons assembled in Parliament.
Instructions for the Treasurers.
Instructions for the Treasureres.
First, The said Treasurers shall not issue out, or pay any part or parcel of the said three hundred thousand pounds, to any person or persons whatsoever, but according to such Orders, Directions and Instructions, as they shall from time to time have and receive from the Commons of England in Parliament assembled; and that then the Receipt of the person or persons authorized to receive the same, shall be a good and sufficient Discharge to the said Treasurers.
Not to pay any rents, but according to the Trustees warrant.
Secondly, 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.
To give Receipts to lenders on this Act.; Power to grant or assign Publique faith Moneys, Bills, Certificates, Receipts.
Thirdly, that the said Treasurers, or any two of them, after their receipt of the Register-Accomptants Certificate named in this Act, of what principal and interest is due to any person or persons, Body politique or corporate, who shall be lenders within the intent of this Act, The said Treasurers shall and are hereby authorized to give to such person or persons, a Receipt or Receipts, as well for the old debt and interest stated and certified as aforesaid, as also for the moneys lent towards the advancement of the said three hundred thousand pounds. And it is further Enacted and Ordained, That the Receipt or Receipts given by the said Treasurers as aforesaid, or any two of them, shall be a good and sufficient authority for such person or persons, Body Politique or Corporate, their Executors, Administrators, and Assigns, to require payment of the sum therein mentioned, together with Interest according to six pounds per centum, out of the Rents, Issues, and Profits of the said premises; and in case of failer thereof, to be allowed him or them, their Assignee or Assigns, in the purchase of the said premises, or any part thereof. And it is further Enacted by the authority aforesaid, That it shall and may be lawful for any person or persons, Body Politique or Corporate, to grant or assign his or their publique Faith moneys, Bills, Certificates or Receipts, to any other person or persons, which person or persons shall have the like benefit and advantages, to all intents and purposes, as the first lender might have had within the intent of this Act: And it is further Enacted, That it shall and may be lawful for any person or persons, Body Politique or Corporate, who have any moneys due or owing unto them upon the said security, to Grant and Assign the same to any person or persons, which shall be allowed by all persons to whom it shall appertain, to make allowance thereof, as if such Receipt or Receipts had been Originally made in the name of such Assignee or Grantee.
Colonel Robert Manwaring Register Accomptant.; Register not to allow of Receipts or Bill of publique Faith, without the consent of any five of the Trustees.
And it is further Enacted, That Colonel Robert Manwaring shall be and is hereby constituted and appointed RegisterAccomptant for the said service; who is hereby authorized upon the Bills, Receipts or Certificates, given by any Committee (where by Ordinance of Parliament they are impowered to give the publique Faith) or from Treasurers, Receivers or Collectors of Money, Plate, Arms, Horses with their Furniture or Arms, advanced on the publique Faith, to ascertain the principal and interest thereof, and the same to certifie unto the said Treasurers, or any two of them: Provided that the said Register-Accomptant do not allow of any Receipt, Certificate, or Bill of publique Faith, but such as shall be allowed by the Trustees named in this Act, or any five or more of them, who are from time to time to observe such Orders, Directions and Instructions, as they shall have and receive from the Parliament concerning the premises: And in regard of the many neglects and imperfections in the Surveys of the late Bishops Lands, the sale of the same hath been much retarded, for prevention of which, the Commons assembled in Parliament do Ordain and appoint Colonel William Web Surveyor-General of all the said premises; who is hereby authorized enabled 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 are hereby enjoyned forthwith, after the Return of any Survey 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 receive any of the said Surveys from the said Trustees and Register, 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.
Insufficient Surveys how to be mended.
Secondly, If the Surveyor-General shall finde the Surveys insufficient for to contract upon, that then he shall, within six days after Receipt thereof, transcribe so much of the said 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 notwithstanding the imperfections, the said Surveyor-General 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 that is perfect, may proceed to purchase.
To rectifie mistakes in Surveys.
Thirdly, The said Surveyor-General shall and may with the consent of three of the Contractors, rectifie and amend mistakes, errors and, other matters (that are not of substance) in any of the said Surveys: And in all Cases where the said Surveyor-General can by credible information or proof amend any Survey without any return to the Surveyor, That then he, with the advice and consent of three of the Contractors, shall and may amend the same.
To enter and allow Claims.
Fourthly, Where any person or persons shall neglect, or cannot make his or their Estate or Estates appear unto the Surveyors, or have not entred his or their Claim with the Surveyors for that Place or Countie, in which the said premises lie; yet if such person or persons shall enter his Claim, and make his Estate to appear by due proof upon Oath unto the said Surveyor-General, (who is hereby authorized to administer the same) within Fortie 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, and for the Contractors to contract and the Trustees to convey.
Surveyors when to being their imployment,
Fifthly, That the Surveyor-General shall appoint and limit the day and time when the respective Surveyors shall begin their respective Imployments, and how long the same shall continue, and upon just cause to inlarge the same.
and to certifie their proceedings to the Surveyor General.
Sixthly, That the respective Surveyors shall from time to time certifie their proceedings unto the Surveyor-General, and keep such Correspondence with him, as that he may know in what places they are, and upon what imployment.
Registers Clerk.; Books of Entries.
And 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 custodie 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, his Deputy, or the said Clerk.
Registers Oath.; Ordinance 5 Martii 1646.
And be it further Enacted and Ordained. That the said Register, 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 fortie 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 any part of the premises, upon for feiture of the estate so purchased. Contractors, Trustees and Treasurers, to have their Salaries out of part of the premises, in case moneys some not in. Gifts, Grants, and Augmentations, made before 20 April 1649. to be void.
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 of 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 their said Salary, according as shall be ordered and appointed by Authoritie aforesaid.
6 Jan. 1649.
And be it further Enacted, Ordained and Declared by the Authoritie aforesaid, That all Gifts and Grants, or Augmentations made before the Twentieth day of April, One thousand six hundred forty nine, by one or both Houses of Parliament, or any persons authorized thereunto by authority of Parliament, of the said premises, or any part thereof, or of any of the Rents and Profits of any of the said premises, for the maintenance of a Preaching Ministerie, Preacher, Lecture or School in England or Wales, and all Ordinances and Orders concerning the same, be and shall be, and are hereby Declared to be Null and void. Provided notwithstanding, That this Act, nor any thing therein contained, shall extend to take away the present Rents, Issues and Profits that shall become due unto any Minister, Lecturer or Schoolmaster, until the Sixth day of January, One thousand six hundred forty nine, by reason of his or their Augmentation setled upon him or them by authority of Parliament, unless the premises out of which such Augmentation doth issue, be sold and conveyed away to any Purchaser or Purchasers, before the Sixth day of January, One thousand six hundred forty nine. And the said Treasurers are hereby required and enjoyned to make payment thereof accordingly.
Committee appointed by Parliament to have the same powers mentioned in the Ordinance of 21; Nov. 1648. for removing Obstructions in sale of Bishops Lands.
And it is further Enacted, That such Committee as shall be 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 November, One thousand six hundred forty eight, for removing Obstructions in the sale of Bishops lands; and that they do take special care, that the Rents, Issues and profits of the Impropriations, Tythes, Parsonages and Vicarages belonging to the said Deans and Chapters, and other persons beforementioned, be imployed for the maintenance of a Preaching Ministery, and Encouragement of Learning in England and Wales; and that they take into their consideration the present disposal of all the Rents and Revenues of all the Impropriations, Tythes, Donatives, Parsonages, Rectories, Vicarages and Portion of Tythes belonging to the said Deans, Deans and Chapters, and other the persons aforementioned, that they may the better know how, where and to whom (for the future) to make disposals thereof, who are hereby authorized to give, grant, order and dispose of the same accordingly, until it shall be further Ordered by Parliament.
Trustees to issue out Warrants.; Contractors three pence in the pound.; Treasurers to have two pence in the pound.; Register 200 1. per annum.; 150 1. for the Surveyor General and his Clerks.
And be it further Enacted and Ordained, That the Trustees do from time to time issue out Warrants to the said Treasurers, for the paying the Rents, Issues and Profits of the said Tythes, Impropriations, Donatives, Parsonages and Vicarages, as they shall be setled by the said Committee; 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 of the said Deans, Deans and Chapters, and other the persons aforementioned, which shall be contracted for, and sold by them, and conveyed according to the Rates for which they shall be sold; and that the said Trustees, excepting the said Treasurers, 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, and may deduct out of all moneys received by them, and also out of all moneys to be allowed by them upon defalkations for any purchase made of the said Lands, two pence in the pound, according to the Rate 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 defaulks his purchase-money, and not otherwise. And that the RegisterAccomptant shall have for his Fee, the sum of two hundred pounds per annum, for executing the Office of RegisterAccomptant of the said premises, payable out of the rents and proceed of the said premises, by the Treasurers thereof for the time being, on the first of November, and the first of May, half yearly by equal portions. And the said Treasurers shall allow and pay from time to time such Clerks as the RegisterAccomptant shall imploy under him in the said Office, such Salary as they or any of them shall think fit to allow. And that the Surveyor-General 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 per annum, 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.
Trustees to make Leases of the premises.; Power given to Bodies Politique to purchase without suing forth any licence of alienation.
And be it further Enacted, That the said Trustees, 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 premisses 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. And be it further Enacted and Ordained by the authority aforesaid, That all any 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 and hereditaments to themselves, their heirs and successors for ever, without suing forth any Licence or Licences of Alienation on Mortmain, Any Law, Statute, or Charter to the contrary in any wise notwithstanding.
First moyety of Purchase-money to be paid within eight weeks after contract.
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 of the said premises, shall pay in or defalk the first moyety of his Purchasemoneys within eight weeks after his Contract made, and shall likewise prosecute and procure his or their respective Conveyances from the said 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 1647. 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 authorised to give: And the said Contractors and the Treasurers named in this Act respectively are hereby enabled, authorized and required, as there shall be occasion, to put the said Ordinance in execution, according to the intent and meaning thereof.
An Ordinance of Nov. 21, 1648
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 the 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 removing obstructions in the sale of Bishops Lands, might, may, or ought to do: And the Contractors. Trustees, Treasurers, Register-Accomptant, and Surveyor-general, named in this Act, and 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 necessary carrying on of the said service.
Trustees and Purchasers to have the same benefits as the Deans, &c.; Bishops.
And it is further Enacted by the authority aforesaid, That the Trustees named in this Act for the conveying the said premises, and the purchaser or purchasers of all or any of the Honors, Manors, Lands, Tenements, or Hereditaments of or belonging to the said Deans, Deans and Chapters, and other the persons aforementioned, their and every of their respective heirs and assigns, as also the Trustees appointed for the conveying of the lands of the late Archbishops and Bishops, and the purchaser and purchasers of all or any of the Honors, Manors, Lands, Tenements or Hereditaments of the said late Archbishops and Bishops, their respective heirs and assigns respectively, 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 non-performance of Covenants, entries or actions, as the said respective Deans, Deans and Chapters, and other the persons beforementioned, or their respective successor or successors might have done, or ought to have had or enjoyed, or as the respective Archbishops or Bishops, or their respective successor or successors, might do, or ought to have done, had or enjoyed.
Receipt of Rent since Decemb. 1. 1641. shall not make good any voidable Lease.
And be it further Enacted and Ordained, That the acceptation or receipt of any rent or rents, since the First of December, One thousand six hundred forty one, by any person or persons for any lands, tenements or hereditaments belonging to any Archbishop or Bishop, or any Dean, Dean and Chapter, or other the persons beforenamed, shall not confirm, ratifie or make good any Lease or Grant made by them or any of them, which were or are voidable in Law.
Surveyors to return in speedy Surveys of all Parsonages, &c.; Hill-house in Kent for the use of the Navy.
And be it further Enacted, That the said Trustees give in charge to the said respective Surveyors, the surveying of all and every the Donatives, Parsonages. Vicarages, Rectories, Tythes and Impropriations of and belonging to the said Deans, Deans and Chapters, and others the persons beforenamed; and they are hereby enjoyned to make speedy, exact and particular surveys of them and every of them, and return what is the value of every the said Personages, and who the present Incumbent is, and likewise the present Rent of every the said Donatives, Vicarages, Rectories and Tythes, and what is the improved rent and the interest of the particular tenant, and also who is the present tenant, and what maintenance the Incumbent hath, and how it doth arise; and likewise what charges are issuing out of them or any of them, and to whom, and to what use or uses: Provided that this Act, nor any thing therein contained, shall be construed or intended to vest in the said Trustees a certain messuage or tenement, called the Hill-house, scituate in or near Chatham in the County of Kent, late belonging to the Dean and Chapter of Rochester, now imployed for the use of the Navy, but that the said Messuage or Tenement, with the Gardens, Orchards, Out-houses and buildings thereunto used or belonging, shall be imployed for the use of the Navy.
Engagements on the publique Treasuries to be cleered.; Several sums of money charged on the grand Excise, and Goldsmithshal, transferred on the lands of Deans and Chapters.
And forasmuch as the Commons of England in Parliament assembled, are very sensible how heavy the Assessments lie upon the people of this Nation, which as yet they are necessitated to continue for the carrying on the necessary service of this Commonwealth; and being resolved to free the people of this Nation from Free-quarter, and desirous as soon as it will stand with the safety of the Commonwealth, not onely to ease, but free the people of this Nation from Assessments; To do which, they finde no readier way then by clearing the present engagements and charges which lie on the publique Treasuries of the Commonwealth, and by applying them towards the maintenance of the Army in England, and for the effectual prosecution of the War in Ireland, and setting forth and continuing at Sea a stronger Navy then usual, for preserving the Trade and Traffique of this Commonwealth; Do therefore Enact and Ordain, That the several and respective sum and sums of money due and payable out of and from the Receipts of the Grand Excize, or the Receipts for the Composition of Delinquents at Goldsmiths-Hall unto any person or persons, Body Politique or Corporate, their assignee or assignes hereafter respectively mentioned, shall be, and are hereby transferred and removed of and from the said respective Receipts and Securities, unto and upon the security of the Lands of the Deans and Chapters, and other the persons beforementioned (viz.) out of, and from the Receipt of the Grand Excize payable to Colonel Massey with Interest, Nine hundred forty four pounds six shillings two pence: To Colonel Birch with interest, for Ireland, eight hundred fifty seven pounds four shillings eight pence: To Merchant Adventurers Company with interest, thirteen thousand eight hundred and four pounds: To Major General Brown with interest, five thousand pounds: To Ely and Crowland with interest, four thousand one hundred thirty eight pounds five shillings six pence: To Adam Aires for Northern Officers, three thousand five hundred twenty six pounds twelve shillings: To the Committee of both Kingdoms, and Sussex forces at Abingdon with interest, fourteen hundred pounds. To Dover garrison with interest, five hundred pounds. To Yorkshire Horse with interest, five thousand pounds. To the Lord Ferdinando Fairfax reduced Officers with interest, seventeen thousand one hundred thirty eight pounds ten shillings eleven pence. To Major Bosa with interest, one hundred pounds. To Captain Strachan with interest, two hundred ninety three pounds. To Eastern Association, part of the Armies one hundred fifty thousand pounds, twenty thousand pounds. To Dutch Officers with interest, seven thousand eight hundred fifty two pounds five shillings eight pence. To Ireland with interest, twenty thousand pounds. To Sir Thomas Maleverer with interest, one thousand pounds, To Colonel Hampdens Executors two thousand pounds. To Patrick Young with interest, one thousand pounds. To Alderman Aldworth with interest, five thousand two hundred seventy four pounds six shillings eleven pence. To Col. Harvy one thousand four hundred forty eight pounds. To the Lord Broughill two thousand pounds. To Capt. Gardinerone thousand four hundred and forty pounds seven shillings seven pence. To the Scotts Officers thirteen thousand vii. hundred lxxiv. pounds vii. s. To Col. Jephson with interest, one thousand pounds. To Sir Rich. Houghton seven hundred seventy nine pounds v.s.ix. pence. To William Sike with interest, three thousand nine hundred lxiii. pounds xviii. s.v.d. To Col. Tho. Barwis two thousand seven hundred lxxxv. pounds six s.ii.d. To Hen. Stephens five hundred pounds. To Col. Herbert with interest, seven hundred thirty pounds iv. s. To Col Barker four thousand nine hundred xxvi. pounds. To M. John Sleigh with interest, six hundred pounds. To M. Nich. Gold part of four thousand four hundred xliii. pounds xii. s. iv. d. two thousand four hundred forty three pounds xii. s. iv. pence. To M. Nich. Gold the other part of the four thousand four hundred xliii. pounds xii. s. iv. d. with interest, being two thousand pounds. To Mrs. Coriton with interest, six hundred xxxii. pounds. To the Eastern Association with interest, ten thousand pounds, and out of, and from the receipts of the Compositions of Delinquents at Goldsmiths-hall payable. To John Selden Esq; two thousand five hundred pounds. To Benjamin Valentine Esq; two thousand five hundred pounds. To Captain Sam. Playford with interest, three hundred pounds. To M. Wheeler and Mr. Bell for repair of Margarets Westminster, two hundred pounds. To Christopher Medcalfe with interest, two thousand pounds. To Patrick Young Esq; with interest, one thousand pounds. To Captain Sam. Gardiner seven hundred and fifteen pounds. To Mr. Rich. Turner, M. Maurice Gething, &c. with interest, nine thousand six hundred twenty five pounds iii. s. penny. To the Lady Anne Harecourt one thousand pounds. To Dr. Joh. Bastwick with interest, five hundred pounds. To Major Gen. Massey assigned to Mr. Leithevilier, one thousand pounds. To Major Gen. Brown. four thousand and sixteen pounds. To Adam Eire, Thomas Greathead, &c. Trustees for the use of certain reduced Officers under the late Lord Fairfax, four thousand pounds. To Col. Barton, one thousand three hundred ninety five pounds nineteen shillings two pence. To Col. Mitton, one thousand eight hundred ninety seven pounds. To the County of Lincoln, two thousand four hundred and fifty pounds. To the reduced Officers, fifteen thousand nine hundred and six pounds eight shillings four pence. To Sir William Lister Knight, five hundred pounds. To the Lord Gray of Wark, one thousand three-score nine pounds ten shillings. To Sir Will. Waller Knight, eight hundred forty one pounds ten shillings. To Col. Mitton, in case he hath received no part thereof out of the growing rents of the Delinquents estates or otherwise since the said sum was charged upon the Compositions of particular Delinquents at Goldsmithshall, five thousand pounds. To the City of York, four thousand eighty pounds. To the County of Derby, two thousand four hundred fifty pounds. To Richard Winwood Esq; rest unpaid of five hundred pounds, with interest, one hundred and fifty pounds. To Major Sam Birch, five hundred pounds. To Sir Francis Knollis, Zouch Tate, etc. Trustees, to the use of Mistress Eliz. Burghill widow and her children by her late husband, of the sum of two thousand eight hundred twenty six pounds, two parts amounting to one thousand eight hundred fourscore and four pounds, transferred for the benefit of her children. To the Treasurers of the Adventurers for the additional Forces for Ireland by Sea, or to the Lord Forbes, etc. one thousand seven hundred four pounds seventeen shillings four pence. To Will Sikes with interest, four thousand pounds. To Phil. Skippon Field-marshal with interest, five hundred pounds. To Alder. Pennington, fifteen hundred pounds. To the Lady Viscountess Moore, one thousand pounds. To the Lady Vere, one thousand pounds. To Sir Robert Harley, etc. the Committee of Hereford, six thousand seven hundred forty pounds, whereof seven hundred fifty pounds to Col. Birch. To the Committee of Petitions where Mr. Goodwin hath the chair for the use of divers Scots Officers with interest, five thousand seven hundred six pounds eighteen shillings peny half peny.
Creditors, power to assign their right to any person.
And be it Enacted, That all and every the sum and sums aforesaid, due and payable from or out of either or both of the aforesaid receipts, and transferred by this Act from the aforesaid securities, shall be satisfied and paid to the respective person or persons, bodies politique and corporate, their assignee or assignes, out of such monies as shall be raised by the sale of the Honors, Manors, Lands, Tenements and Hereditaments of the Deans and Chapters, and others the persons beforementioned, together with the sum of six hundred thousand pound to be advanced and secured by vertue of this Act, or so much thereof as shall be advanced and secured by the Treasurers named and appointed herein, or by the purchasing of them, or any part of them (advowsons and impropriations excepted.) And the said Treasurers are hereby authorized and required to proceed to give satisfaction, or make payment to the respective Creditors, his or their assignee or assignes accordingly. And be it further enacted and ordained, That it shall and may be lawful to and for any of the Creditors, or persons, their assignee or assignes of any sum or sums of money, for which by this Act, the Lands of the Deans and Chapters, and other the persons beforementioned, are given for security, or with which the premises are hereby charged and made liable to satisfie or pay, to assigne his or their right, title or interest in any sum or sums of money so due unto him or them, to any person or persons whatsoever, and that every such assignee or assignes shall have like liberty, right, title and advantage to all intents and purposes, as is due and of right belonging to any of the aforesaid Creditors or persons, or their assignes.
Creditors that purchase to defalk what is due to them.; Several sums of money not to be allowed in part of purchase-money.
And be it further Enacted and Ordained, That if any of the aforesaid creditors or persons, their heirs, executors, or administrators, or the assignee or assignes of them or any of them to whom any sum of money is due as aforesaid, shall become a purchaser or purchasers of any of the premises, that it shall and may be lawful for any or every of them to defalk or detain any money as shall be due to him or them as aforesaid, upon any or every purchase that he or they shall make of the premises or any part thereof, if the sum to him or them due as aforesaid, shall not exceed the value of the purchase, or so much thereof as the same shall amount unto, and the Register-Accountant is hereby authorized and required from time to time, and as often as need shal require, to ascertain and certifie to the said Treasurers the principal debt, and also the interest thereof, 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 assignes of any of them, shall be due according to such rates or considerations of interest, as by this Act is allowed, or otherwise is due and appointed to be paid by any other Act or Ordinance of Parliament to any of the creditors or persons, their assignee or assignes of the several and respective sum and sums transferred, altered, and removed, as aforesaid, whose certificate or certificates 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. Provided, that these several sums hereafter mentioned, viz. To Col. Massey with interest, nine hundred forty four pounds six shillings two pence. To Col. Birch with interest for Ireland, eight hundred fifty seven pounds four shillings eight pence. To Merchant Adventurers Company with interest, thirteen thousand eight hundred and four pounds. To Maj. Gen. Brown with interest, five thousand pounds. To Ely and Crowland with interest, four thousand one hundred thirty eight pounds five shillings six pence. To Adam Eires for Northern Officers, three thousand five hundred twenty six pounds twelve shillings, formerly charged upon the Excize, and now transferred upon the security of Dean and Chapters Lands. As also the several sums hereafter mentioned, viz. to Major General Massey assigned to Master Leithevilier, one thousand pounds: to Major General Brown, four thousand sixteen pounds: to Adam Eire, Thomas Greathead, &c. Trustees for the use of certain reduced Officers under the late Lord Fairfax, four thousand pounds: to the City of York, four thousand and fourscore pounds: to the County of Derby, two thousand four hundred and fifty pounds: to Sir Robert Harley, &c. the Committee of Hereford, six thousand seven hundred and forty pounds, whereof seven hundred and fifty pounds to Colonel Birch: to the Committee of Petitions, where Mr. John Goodwin hath the Chair, for the use of divers Scots Officers with interest, five thousand seven hundred and six pounds, formerly charged on the grand Receipt of Gold smiths-Hall, and now transferred upon the security of Dean and Chapters Lands as aforesaid, or any of them, shall not be allowed or taken by the Trustees, Register-Accomptant, or Treasurers appointed by this Act, in part of the Purchase-money upon any purchase so to be made of the premises, by this present Act appointed to be sold, or any part thereof, save onely such of the said several sums, or such part thereof as the Parliament or such Committee as the Parliament shall appoint for that purpose, shall first allow of and approve as just and fit to be so allowed.
Alderman Fowke Comptroller of all Entries, Receipts and Payments.
And be it further Enacted, That John Fowke Alderman of the City of London, 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 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 a Comptroller in relation unto 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.
Gurney house.
And be it further Enacted and Ordained, That the house in the Old Jury London, called Sir Richard Gurneys house, or some such other place as the said Trustees shall think fitting, shall be the place where the said several and respective 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.
Transferred debts not allowed without doubling the like sum.
Provided also, and be it Enacted and Ordained, That no person or persons who have or hath any Debt transferred from either of the Securities aforesaid, his or their Assignee or Assignes, being a Purchaser within this Act, shall have allowance of such Debt by the Trustees, Register-Accomptant, or Treasurers aforesaid, in part of the moneys to be paid for the purchase of the premises, under the rate of Fifteen years purchase of Lands in possession, and for reversion in proportion thereunto, unless such person or persons, his or their assignee or assignes, shall first advance the like sum in ready money by way of doubling, in such sort as other persons by this Act have liberty to do.
Adowsons.
Provided also, and it is further Enacted and Declared, that the respective Purchasers of the Manors and Lordships of the late Dean and Chapters, their heirs and assignes, and respective Purchasers of the Manors and Lordships of the late Archbishops and Bishops, their heirs and assignes, shall be, and are hereby made, constituted and adjudged, lawful Patrons of the respective Advowsons and Benefices, with cure, within any of the Manors and Lordships so by them purchased, or which shall hereafter be purchased, in an ample maner to all intents and purposes, as the said Deans and Chapters, and the said Archbishops and Bishops respectively at any time were since the third of November, in the year of our Lord, one thousand six hundred and forty, until the Parliament shall take further order.
St. Anthonies Hospital for the French Congregation.; This clause made void June 20, 1649.
Provided, That for the countenancing and advancing of the profession of Reformed Religion, the Commons of England in Parliament assembled do Enact and Ordain, That the French Congregation in and about the City of London, shall have and enjoy the Chappel formerly called Saint Anthonies Hospital, in Threedneedlers-street, and now commonly called the French Church in London, to meet in for religious worship. And be it further Enacted, That the Trustees named in this Act, their heirs and assignes, shall stand and be seized of the reversion of a house adjoyning to the said Chappel, now in the possession of one Master Swaine, his assignee or assignes, to the use of such person or persons as from time to time shall be Minister or Ministers of the said Congregation, and no longer; and such Minister or Ministers shall have, hold and enjoy the same as aforesaid and not otherways, and that the Deacons of the said French Congregation for the time being, shall have and receive for the use of the poor belonging to the said Congregation, all the Rent and Rents now issuing out of the premises.
Dr. Stewards house at Westminster for the Sergeant at Arms.
Provided also, That the house wherein Doctor Steward late Prebend of Westminster lived, and adjoyning to the Abby of Westminster, with the appurtenances thereof, shall be, and hereby is setled and vested in the Trustees herein named, and in the survivors of them, and in the heirs and assignes of the survivor of them for ever, for the use of the Sergeant at Arms attending the Parliament for the time being, to be held and enjoyed by him as incident to his Office, in as ample maner as the Deans and Chapter of Westminster, their assignes or under-tenants, heretofore have, or lawfully might have enjoyed the same.
Houses setled on Ministers not comprehended in this Act.
Provided, That this Act, or any thing therein contained, shall not extend to the dwelling houses and gardens setled by the Committee appointed by Ordinance of Parliament for the Colledge of Westminster, upon the two Ministers that preach on the Lords-Days in the Abby Church there.