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A83261 An ordinance of the Lords and Commons assembled in Parliament. For the selling of the lands of all the bishops in the kingdome of England, and dominion of Wales, for the service of the common-wealth. : With the instructions and names of all the contractors and trustees for the speedy execution of the same. : Corrected according to the originall. / Die Lunæ, Novemb. 16. 1646. Ordered by the Lords assembled in Parliament that this ordinance with the instructions be forthwith printed and published. ; John Brown, cler. Parliamentorum.; Laws, etc. England and Wales.; Browne, John, ca. 1608-1691.; England and Wales. Parliament. 1646 (1646) Wing E2038aA; ESTC R228512 18,084 28

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AN ORDINANCE OF THE LORDS and COMMONS Assembled in PARLIAMENT For the selling of the Lands of all the Bishops in the Kingdome of England and Dominion of Wales for the service of the Common-wealth WITH The Instructions and names of all the Contractors and Trustees for the speedy execution of the same Corrected according to the Originall Die Lunae Novemb. 16. 1646. ORdered by the Lords assembled in Parliament that this Ordinance with the Instructions be forthwith printed and published John Brown Cler. Parliamentorum LONDON Printed for John Wright at the Kings-head in the Old Baily Novemb. 18. 1646. Die Lunae Novemb. 16. 1646. An Ordinance of the LORDS and COMMONs Assembled in Parliament for appointing the sale of the Bishops Lands for the use of the Common-wealth WHereas by an Ordinance of the Lords and Commons made the ninth of October one thousand six hundred forty six the name title stile and dignity of Archbishop of Canterbury Archbishop of Yorke Bishop of Winchester Bishop of Duresme and of all other Bishops of any Bishopricks within the Kingdome of England and Dominion of Wales from the fifth of September one thousand six hundred forty six is wholy abolished and taken away and all and every person and persons are disabled to hold the place function or stile of Archbishop or Bishop of any Church See or Diocesse within the Kingdome of England and Dominion of Wales by any Authority whatsoever And all Counties Palatine Honours Mannors Lands Tenements and Hereditaments and other the premises in the said Ordinance mentioned were and are vested and setled adjudged deemed to be in the reall and actuall possession and seisin of Thomas Adams Alderman then Lord Major of the City of London Sir John Wollastone Knight Sir George Clerke Knight John Langham Alderman John Fowke Alderman James Bunce Alderman William Gibs Alderman Samuel Avery Alderman Thomas Noell Christopher Packe John Bellamy Edward Hooker Thomas Arnold Richard Glyde William Hobson Francis Ashe John Babington Laurence Brumfield Alexander Jones John Jones Richard Venner Stephen Estwicke Robert Mead and James Story their heires and assignes upon trust and confidence that the said persons before named their heires and assignes should have and hold the premisses and every of them subject to such trust and confidence as both Houses of Parliament should appoint declare and dispose of the same and the rents and profits thereof as the said Houses should order and appoint And whereas the said Lords and Commons the thirteenth of October one thousand six hundred forty six have declared they intending to raise the sum of two hundred thousand pounds for the present service of the State that for the encouragement of such who should advance any summe for and towards the same and to the intent they might have notice thereof that every person who hath advanced any Money Plate or Horses with their furniture and arms upon the publique faith may for every summe of money he shall further lend for the advancement of the said summe be secured a like summe more out of the receipt of the grand Excise in course and the sale of the Bishops Lands except Advousons and Impropriations which shall first happen together with all the Interest after the rate of eight pounds per cent per annum to be paid every six Moneths out of the receipts of the Excise till principall and interest be fully discharged as for example if there be owing to any person a hundred pounds principall which with Interest due thereupon for three yeeres past will make a hundred twenty foure pounds he adventuring a hundred twenty foure pounds more may be secured for the whole two hundred forty eight pounds as aforesaid and so proportionably for a greater or lesser summe and according to the Interest due thereupon And for the more speedy reimbursing of the said money secured and lent for the purpose aforesaid that the said Lands of the Bishops except before excepted are estated and made over to such Feoffees for the speedy sale thereof and such Treasurers for the receipt of the moneys as may give satisfaction to the lenders And have thereby further declared that it shall and may be lawfull for any person or persons to assigne his right and interest in any summe or sums of money owing to him upon the publique faith as aforesaid to any person or persons that shall advance the like sum in manner as is before expressed And therefore for and towards the satisfying of the said two hundred thousand pounds to be raised or so much thereof as shall be raised and of such money as according to the said Declaration the said lenders are to be repaid for Money Plate Horses with their furniture and armes advanced upon the Publique faith with Interest for the same after the rate aforesaid The said Lords and Commons have declared and ordained and doe hereby declare and ordaine That the said Thomas Adams and other the persons before named and the Survivors and Survivor of them and the Heires of the Survivor of them shall stand and be seized of all and singular the said premisses so vested and setled in them their Heires and Assignes except Parsonages appropriate Tithes Tithes appropriate oblations obventions portions of Tithe Parsonages Viccariages Churches Chappels Advowsons Donatives Nominations Rights of Patronage and Presentation and shall take all the Rents Revenues issues and profits which were due and payable after the first of November one thousand six hundred forty six notwithstanding any Sequestration of the same all other the Rents Revenues Issues and Profits that shall at any time hereafter become due and payable for the said premisses or any part of them untill sale shall be made of the same to the uses intents and purposes herein and hereafter declared And be it ordained that the said Trustees or the Major part of them shall have Power and Authority and are hereby Authorised to take into their Assistance such Counsell Learned and to appoint such Stewards of Mannors and all other Officers and Persons as they or the Major part of them should hold fit and necessary for the putting of this Ordinance in Execution and to give such Fees and make such allowance to the said Councell Stewards of Mannors Officers and persons as they shall hold fit and necessary And to make Warrants to the Treasurers for the payment of the same who are hereby required to pay the same accordingly untill Sale shall be made of the premisses to the uses intents and purposes herein and hereafter declared as aforesaid That is to say that out of the Money raised by the Sale of the said Premisses or any part of them that shall be sold and out of the said Rents Revenues Issues and Profits of the said premisses or any part of them there shall be paid and satisfied the severall summes of Money with Interest at the rate aforesaid that by this present Ordinance are or are intended to be paid and satisfied together with all
any Warrant shall be made for any other purpose the same shall be void And be it further ordained by the authority aforesaid That as the said Treasurers shall receive ready monies by sale of the premises or by receipt of the rents and profits of the same deducting charges and allowances they shall pay and divide the same to the lenders one fourth part of their whole debt that shall be owing to them in course as they did pay their monie with the interest then due and so from time to time till the whole be payed Provided alwayes and it is hereby declared that it shall and may be lawfull for every lender or lenders who shall become a purchaser of any part of the said premises to defalk or retain any monie that shall be due unto him by vertue of this present Ordinance upon every purchase that he or they shall make if the summe by him lent shall not exceed the value of the purchase or so much thereof as the same shall amount unto And the said Treasurers shall allow the same accordingly And be it further ordained that the said Treasurers shall keep true and perfect books of accounts of all their receipts disbursments and payments and shall give their accounts to the Committee for taking the accounts of the whole Kingdome for the time being who are hereby required to take the same every six moneths and thereupon to give just discharges to the said Treasurers And after such discharges the said Treasurers their Heirs Executors and Administrators shall not be further questioned for or concerning any of the matters for which they have had and received such discharges And further the said Treasurers shall have deducted and paid unto them the summe of one penny in the pound for all monies by them to be received and paid And to the intent that according to the true meaning of the said first recited Ordinance the true contents and value of all and singular the premises may be known and the best benefit and advantage of them may be made for the use and benefit of the Commonwealth Be it ordained by the Authority aforesaid that Hen. Elsynge Esq Clerk of the House of Commons shall be Register and Keeper of and shall have the custody and keeping of all Records Charters Evidences Court-Rolls Leiger-books Writings Books of Survey Rentals Certificates and other things of or concerning the Lands and Possessions of the late Archbishops and Bishops or concerning any the Counties-Palatine Honours Manours Castles Lands Tenements Hereditaments or other the premises in the above recited Ordinance and herein mentioned And that all and every the Surveyors of the Premises shall make their Returns of all and every their respective Surveyes by them taken from time to time to the said Henry Elsynge who shall make Entry of all such Surveyes Certificates and other proceedings as shall from time to time be returned or certified by the said Surveyor or Surveyors of the Premises And shall also make forth Rate and Signe 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 all and every the said Contractors shall certifie all Contracts so by them or any of them made to the said Henry Elsynge accordingly who shall make Entry of all and every such Contract and Contracts and other proceedings thereupon Every which said particular and particulars of the premises so to be made forth under the hand of the said Henry Elsynge shall be from time to time a good and sufficient Authority to and for the said Contractors or any six or more of them to contract agree or proceed 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 per annum payable out of the Receipts Rents and Revenues arising out of the Premises by the hands of the Treasurers herein before mentioned on the Five and twentieth day of March the Foure and twentieth day of Iune the Nine and twentieth day of September and the Five and twentieth day of December Quarterly by equal portions and other reasonable Fees for writing rating and signing of the said particulars and otherwise in the execution and discharge of the said Place Provided that the said Register and Keeper shall have but Three pence the sheet of all things that are to be copied and to write Fifteen lines in each sheet Which said yearly Fee of One hundred pounds the said Treasurers are hereby required and authorised to pay accordingly and that the Acquittance of the said Henry Elsynge shall be a good Discharge to the said Treasurers and every of them for the payment thereof as aforesaid And it is hereby further Ordered and Ordained by the Authority aforesaid That the said Trustees or the major part of them the Survivors of them or the major part of them their Survivors and the Heires of the said Survivors shall and may from time to time nominate and appoint under their hands and seals respectively so many persons as they shall think fit to be Surveyors for the putting of this Ordinance in execution touching the surveying of the Premises Who shall have power to go into all and every the Counties Cities and Places within the Kingdom of England and Dominion of Wales or into so many of them as shall be thought fit And it is further ordained by the authority aforesaid that the said Surveyors or other persons to be authorized as aforesaid or any three or more of them shall have full power and authority to enter into and survey all or any of the premises or any part thereof and they or any three or more of them shall also have full power and authority as well by the Oaths ' of good and lawfull men as by all other good and lawfull waies and meanes to inquire and finde out what County Palatine Honours Manours Lordships Granges Messuages Lands Tenements Medows Leasaws Pastures Woods Rents Reversions Services Parks Annuities and other possessions priviledges liberties immunities and hereditaments whatsoever of what nature or quality soever the● be lying or being within every such county or City as aforesaid did at any time belong or appertain unto all every or any such Archbishops or Bishops in right of Archbishopricks Bishopricks Dignities or places respectively or to any other person or persons in trust for them or any of them as aforesaid in right of the said Archbishopricks and Bishopricks and what and how much of the same is in possession and the true yearely value thereof and what and how much thereof is in Lease and for what estate and when and how determinable when such Leases or Estate was made and whether antidated and what Rents Services and other duties are reserved and payable during such Estate or issuing out of the same As also what Rents Pensions Charges or