AN ACT OF PARLIAMENT FOR The Removing of Obstructions in the Sale OF THE HONORS, MANORS & LANDS Of the late King, Queen and Prince.

[seal of the Commonwealth]

ORdered by the Parliament, That this Act be forthwith printed and published.

Hen: Scobell, Cleric. Parliamenti.

London: Printed by Edward Husband and John Field, Printers to the Parlia­ment of England. 1649.

AN ACT OF PARLIAMENT FOR The Removing of Obstructions in the Sale of THE HONORS, MANORS and LANDS Of the late King, Queen and Prince.

BE it Enacted by this present Parliament, and by the Authority of the same, That the persons nominated & 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 [Page 686] of the Honors, Manors and Lands heretofore belonging to the late King, Queen and Prince. 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 execution of the Power and Authority hereby granted unto them. 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. [Page 687] 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 imediate 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: 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, [Page 688] 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. 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 [Page 689] 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: 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 Appurtenances 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 [Page 690] that the said Trustees, or any five or more of them, shall and may make sale of all Coppices, Cord­woods, Pollards and Vnder-woods, growing or being upon the said two Parks, or either of them (all Timber-Trees only 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 1650. by sale of the said Woods and Vnder-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 supplied 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. Provided always, and be it by the authority aforesaid further Enacted, Ordained and Declared, That this Act, or any [Page 691] 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 Pembrokè and Montgomery, or of any other person or per­sons, of, in and to the Custody, Lieutenantry, Herbage, Pannage, and other Profits, Offices and Perquesites, of, in and to Clarendon and Bo­wood aforesaid, or either of them, by vertue of any lawful Grant, Patent, Vsage 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, 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. 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: 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, [Page 692] 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 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. And be it further Enacted by the Authority aforesaid, That (for the more speedy sale of the premises, and preservation of the pre-emption 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 pre-emption 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. 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 [Page 693] 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.

ORdered by the Parliament, That this Act be forthwith printed and published.

Hen: Scobell, Cleric. Parliamenti.

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