AN ORDINANCE FOR Further doubling upon and finishing the sale of Deans, Deans and Chapters Lands, and of Mannors of Rectories, Gleab-Lands, &c.
Whereas by one Act of Parlament entituled, An Act for sale of the Mannors of Rectories and Glebe-lands, late belonging to Arch Bishops, Bishops, Deans, Deans and Chapters, It is enacted and Declared, That all Mannors of Rectories, impropriate Messuages, [Page 320] Tenements, Gleab-lands, Pastures, Meadows, Marshes, belonging to any Rectorie impropriate, and Fee-farm Rents, issuing out of Mannors or Rectories impropriate, jointly or severally charged therewith late belonging or appertaining to any Rectorie impropriate, Parsonage, Church, Chappel, or Donative, late appertaining or belonging to any Arch-Bishop, Bishop, Dean, Dean and Chapter, Prebend or other person or persons or bodies Politique, mentioned in one Ordinance of the ninth of December 1646. Entituled, An Ordinance of this present Parlament for abolishing of Arch-Bishops and Bishops within the Common-wealth of England, and Dominion of Wales, and for settling their Lands and Possessions upon Trustees for the use of the Common-wealth. And in one Act of Parlament, Entituled, An Act of the Commons of England in Parlament assembled for the abolishing of Deans, Deans and Chapters, Canons, Prebends, and other offices and titles of or belonging to any Cathedral or Collegiate Church or Chappel within England and Wales, to be abolished in right of his or their said Office or function, should be and were settled in the full seison and possession of the respective Trustees in the said Ordinance and Act named, their Heirs and Assigns. And the said respective Trustees in the said Ordinance and Act named were authorized & required to contract, bargain, sell, alien, and conveigh all and every the Premisses, and to execute all powers and authorities in sale thereof, as they might have done in the [Page 319] sale of any Honors, Mannors, or Lands in the said Ordinance and Act mentioned. And whereas likewise by one other Act, Entituled, An Additional Act, for the more speedy effecting of the Sale of the Mannors of Rectories and Glebelands, late belonging to the Arch-Bishops, Bishops, Deans, Deans and Chapters, &c. and for the better incouragement of Lenders upon the securitie thereof, and of other Lands and Hereditaments of the said Deans and Chapters, The Parlament did enact and declare, that all and singular the Honors, Mannors, Lands, Tenements and Hereditaments, which by the said Act for abolishing of Deans, Deans and Chapters, &c. were exposed to sale, and not contracted for before the five and twentieth day of October, One thousand six hundred and fiftie, (other then such as by the said last recived Act were reserved from sale) should bee and were thereby declared to bee part of the securitie for the one hundred and twentie thousand pounds, which by the said forerecited Act was to bee borrowed, & should extend to secure as well the debts, principal and interest, which should bee doubled, as for the moneys which should bee advanced and paid in to double the same, and the interest from the time of doubling until the payment. And that if the Mannors, Lands, Tenements, and hereditaments (by the said Act for abolishing of Deans, Deans and Chapters, &c. exposed to sale) so contracted for before the five and twentieth day of October, One thousand six hundred and fiftie, should (according to the rates at which the same were contracted for) amount unto a greater value [Page 320] than the moneys, debts and other charges, which before the second day of October, One thousand six hundred and fiftie, were charged upon the same, or to bee satisfied thereby, and it should bee so declared by the Committee for obstructions; That in such case the overplus of the value of the premisses so contracted for, should also bee, and should bee accounted as part of the securitie for the said moneys: And it was also Enacted and Ordeined, that the Trustees in whom the same premisses so intended for securitie were respectively vested, and their heirs respectively should stand seized thereof, and of the Rents, issues and profits thereof, until sale; And of the moneys which should bee raised by the sale thereof, unto and for the uses following, viz. for the payment of the moneys and debts which should bee owing upon the securitie of the said premisses, and all salaries and incident charges, and the remainder thereof to the use of the Common-Wealth, in such manner as the Parlament should appoint; And that all and every the said Rents, issues and profits of the premisses, and moneys to bee raised by the sale thereof, should bee paid and issued out to the purposes aforesaid, by the Treasurers thereof, according to such warrant as they should receive from the Trustees for Deans, Deans and Chapters lands, or any five or more of them, in that behalf; And whereas by the said last recited Act all and every the premisses so appointed for securitie as aforesaid, were appointed to bee sold, and were absolutely disposed unto the said respective [Page 321] Trustees for that purpose, as well for satisfying the moneys upon the said Securitie, and for raising of moneys for the Service of the Common Wealth as also, to put a full end unto that business, and the charge of Officers, and others employed therein.
And whereas nevertheless, som part of the Premisses yet remaineth unsold, there being so much already contracted for, as is sufficient to satisfie all the Moneys due upon the former Securities: And whereas also former Contracts could not bee so exactly setled as to the precise summes, by differing Securities, respectively charged upon the Revenue of the said Deans, Deans and Chapters, and other the Premisses aforesaid, whereby som sort of Debts, to which the said Premisses are lyable, are more then provided for to a considerable value, and the rest not applicable to satisfie such overplus which doth tend to the disadvantage both of particular Persons, and also of the Common-Wealth, by retarding the whole work. To the end therefore, a speedy end may bee put to the said Sale, and the Common-Wealth eased of the burthen and charge thereof;
Bee it Ordained by his highness the Lord Protector, by and with the consent of his Council and it is Ordained by the Authority aforesaid. That over and above the summe of three hundred thousand pounds, appointed to bee borrowed upon the Securitie held forth by the first recited Act, and over and above the summe of one hundred and twenty thousand pounds more, borrowed upon the Securitie held forth in the two [Page 322] last recited Acts, or either of them, the summe of twenty thousand pounds shall bee further borrowed upon the Securitie of such of the Premisses respectively, exposed to sale by the said Acts, or either of them, in such sort as is hereafter expressed, by way of doubling the like summe, as shall bee due to any person or persons, Body politick or Corporate, for any Money, Plate, Norl, Arms, or other thing advanced upon the Publick Faith, or which hath been at any time allowed by any Act or Ordinance of Parlament, to bee doubled, as Publick Faith; together with Interest upon such Publick Faith Debts, after the rate of eight pounds in the hundred, by the year, untill the stating of such Debts and Interest, by the Persons named and appointed in and by an Act of Parlament, Entituled, An Additional Act for sale of several Lands and Estates forfeited to the Commonwealth for Treason, to bee Register Accomptant or any of them which the said Persons, or any of them, are hereby authorized to state accordingly. And after the stating of such Debts and Interest, and doubling thereof, the respective Creditors to bee allowed onely six pounds in the hundred by the year, for the whole of such doubled Publick Faith Debts, untill the payment thereof, or defalcation upon purchase, In relation to which doubling intended by this Ordinance, the Trustees, Treasurers, Register and Accomptant, and all other officers concerned therein, are hereby authorized and required to proceed according to the directions of the Acts of Parlament in like case made and provided, save onely as to what is hereby [Page 323] altered, restrictive to the debts, and to allowance of interest as aforesaid, and all and every person and persons, bodie politick and corporate, to whom any debts capable of doubling within this present Ordinance, shall bee due, and his and their respective assigns, and all persons doubling such debts and their respective assigns, shall have all and the like liberties, privileges, benefits, and advantages respectively in reference to the premisses, as any such person or persons, bodies politick or corporate, their or any of their assigns might or ought to have had by the aforesaid recited Acts or either of them, save onely what is hereby altered with restriction to debts and interests as aforesaid, and all and every person and persons who shall have their debts and interests stated as aforesaid, shall pay into the Treasurers named in the said Act for sale of the said Mannors of Rectories, or one of them, the money wherewith he or they ought to double within ten dayes next after Certificate thereof to the Treasurers, or otherwise shall lose his or their Publick Faith debts, unless hee or they shall shew good cause to the Treasurers or any one of them for his or their faller therein. And bee it further Ordeined, that both the Certificates or Receipts to bee given by the said Treasurers, or one of them, for moneys to bee doubled upon the securitie held forth by this present Ordinance, as also all Certificates, Receipts, or Bills for moneys or debts doubled or transferred upon the securities held forth by any the Acts aforesaid, which were defalke able in [Page 324] payment for any purchase made within the same former Acts or any of them shall be and are herby made to be defalkeable in payment in manner and form following; That is to say, the Certificates or Receipts for moneys to bee doubled upon the securitie held forth by this present Ordinance, shall bee defalkeable in payment for both moities of the purchase moneys, payable for any part of the premisses which yet remain uncontracted for, and in payment for all second moities payable upon contracts made of any the said premisses, at any time before the passing of this Ordinance; And the Certificates, Receipts or Bils for moneys doubled, or transferred upon the securities held forth by any the said Acts, shall bee equally and alike defalkeable for any or both moities of the purchase money, payable for any the premisses exposed to sale by any the former Acts either contracted or uncontracted for: And the Treasurers and all other officers concerned therein, are hereby authorized and required to admit and allow thereof accordingly; Provided that all defalkations to bee made by virtue of this Ordinance, for moneys due upon any the Certificates, Receipts, or Bills aforesaid, shall bee of one distinct accompt, as to the whole, or any moitie of the purchase money for which they shall bee so defalked; Provided also that where any purchaser or purchasers, his or their Assign or Assigns shall tender any Bills or Receipts by this Ordinance made applicable for payment of any second Moity, other then such [Page 325] Bills or Receipts, as by his or their Contract ought to have been applied thereunto; the party or parties so tendring such Bills or Receipts, shall defalk so much more in value, as shall countervail the Interest incurred by his or their elapsed time. For which second Moities, as also for defalcations as aforesaid, the said Treasurers, or one of them, are hereby authorized to give such Purchaser his or their Receipt or Acquittance and re-Conveyance accordingly. And bee it further Ordained and declared by the Authoritie aforesaid, That where any present Estate of, or in any the Lands or possessions of the late Arch Bishops, Bishops, Deans, Deans and Chapters, Cannons; Prevends, and other the persons aforesaid, shall bee doubtfully returned upon any Survey, either as to the Certain being or Legality of any Leas, or Copy of Court Roll. or any Life or Lives upon any Leas or Copy of Court Roll; the Temant or Tennants claiming such Leas, Copy or Estate, shall (as to the Lands already Surveyed) before the first day of July, one thousand six hundred fiftie and four; and as to the Lands unsurveyed, within three moneths next after the respective Returns of the Surveys thereof to the respective Registers for sale of the premisses, make proof of his or their Estate or Estates before the Commissioners for removing of Obstructions, and procure their Order for Allowance thereof, or otherwise shall bee for ever barred and excluded from any benefit or advantage thereby. Provided nevertheless, That the Power given by the former Acts to the Surveyor [Page 326] General, as also the Power given by Ordinance of Parlament to the Contractors for sale of Bishops Lands, for allowance of any estates made good by proof before them respectively, within forty days next after the return of the Survey of any of the premisses, bee not any wayes impeached. And provided also, that the power given or transferred to the Commissioners for removing of Obstructions, by any Ordinance or act of Parlament for allowance of Estates, bee not any wayes hereby enlarged.
And bee it further Ordained, That any two Surveyors Commissionated by the respective Trustees for sale of the Premisses, shall have like power to all intents and purposes as is given to any three or more Surveyors, so Commissionated by the Ordinance for sale of Bishops Lands, And that for the perfecting of any Surveys already returned or which shall bee returned imperfect, where the Charge of a re-survey (in regard of the small value of the Lands remoteness of their situation, or otherwise) may bee conceived too great for the Common wealth to bear: it shall bee in every such case in the power of William Webb Esquire, Surveyor General, to inform himself by the best means and wayes hee can, touching the premisses, either by oath, or otherwise, (which Oath hee is hereby authorized to administer) and upon such Information had, and by him communicated to the respective Contractors, or any three or more of them, hee shall and may by and with their advice, amend and perfect any such Survey accordingly.
And bee it further Ordained by the Authority aforesaid, That in case any person or persons [Page 327] who hold in his or their possession or tenure, any of the lands, tenements and hereditaments of the late Arch-Bishops, Bishops, Deans, Deans and Chapters, Cannons, Prevends, &c. which by this present Ordinance, or any Ordinance or former Act of Parlament, are exposed to sale, and yet undiscovered, and which are or ought to bee in the present possession of the respective Trustees for the use of the Commonwealth, shall make the first discoverie thereof to the Surveyor General, before named; every such person or persons desiring the same, shall bee admitted the preemption of all such lands, rents, duties, and payments, by him or them discovered, at the lowest rates the respective Contractors are enabled to sell the same for, by any Act or Ordinance of Parlament in that behalf; And where any person or persons possessed of any the lands or premisses, aforesaid, yet undiscovered, by virtue of any Leas or Copie of Court-roll, dated before the first of December, One thousand six hundred fourty one, granted by any who had power to make or grant the same, shall before the said first day of July, bring or send in a true Copie of his or their Leas or Leases, Copie or Copies of Court-roll, to the said Surveyor general, that a Survey may bee had of the premisses, every such person coming in within thirtie days next after the Return of any such survey, shall bee admitted to the preemption of the reversion of his Leas or Copie, with the present Rent incident thereunto at the lowest rates, the respective contractors are enabled [Page 328] to sell, as aforesaid. And in case of his or their neglect to bring or send in such true copie or copies, before the said first day of July, all and every such person and persons, shall forfeit and lose his or their present estate, by Leas or Copie; and any person or persons, who afterwards shall discover the same, shall have, and bee admitted to the preemption of the present possession of such Lands, and have the same conveyed to him or them, or to whomsoever hee or they shall nominate, and to his or their heirs and assigns, at the like lowest rates the Contractors are enabled to sell as aforesaid, any claus in this Ordinance, or any former Act or Ordinance of Parlament to the contrarie notwithstanding.
And bee it further Ordeined by the Authoritie aforesaid, That Sir William Roberts Knight, John Blackwell the Elder, James Russell, Timothy Midleton, Robert Fenwicke, Thomas Aires, and Edward Cresset, Esquires, Contractors named (with others) in an Ordinance of the Lords and Commons assembled in Parlament, of the sixteenth of November, One thousand six hundred fortie six, appointing the sale of the Lands and Possessions of the late Arch-bishops, and Bishops, for the use of the Common-Wealth, or any three or more of them, bee, and are hereby authorized, to do, use, exercise, perform, and execute all and every the Act and Acts, Authorities, Powers, and things relating aswell to the sale of the said Lands and possessions, as to the sale of the Mannors of Rectories, and Glebe Lands &c. [Page 329] lately belonging to the said Arch-bishops, and Bishops, which any six or more of the Contractors named in the said Ordinance, by virtue thereof, or any five or more of them by virtue of the former recited Act for sale of the Mannors of Rectories, or by virtue of any additional Ordinances or Acts of Parlament concerning the sale of the premisses respectively, may, might, or ought to have don, used, exercised, performed, or executed, to all Intents, Constructions, and purposes.
And it is also further Ordeined, That the respective Trustees, Contractors, Treasurers, Register, Accomptant, Surveyor General, and all other Officers attending the Sale of the Premisses, and every of them bee hereby authorized and required in all things relating to the putting of this Ordinance in execution (other than such as are hereby altered or otherwise directed, to pursue the directions of the former Acts and Ordinances respectively concerning the same. And for the more proper issuing out of the Rents, Issues, and profits of the premisses, together with the moneys ariseing by the Sale thereof, It is further Ordeined by the Authoritie aforesaid, That the Trustees for Sale of Bishops Lands, shall have power, and are hereby impowred, to make warrants to the Treasurers for the Sale of the Mannors of Rectories, Glebs &c. or one of them, for the payment of such incident charges as have or shall arise upon the Sale of the Mannors of Rectories, Glebes &c. belonging to the late [Page 330] Arch-bishops, and Bishops, onely; And the said Treasurers are hereby required to pay and discharge the said warrants from time to time accordingly, Any thing in any former Act to the Contrary hereof notwithstanding; and also that the Treasurers appointed by this Ordinance to Receiv such moneys as shall bee doubled hereon, shall not issue forth any part of the Twentie thousand pounds hereby appointed to bee doubled, but by, and in such manner, as his highness with the advice and consent of the Council shall direct.
Provided that this Ordinance nor any thing therin conteined, shal not extend to impower the respective Treasurers to grant any further or greater allowance to any persons imployed, or to bee imployed in the perfecting of this work, then what hath been heretofore allowed unto them, or any of them, or to others in their places respectively.
And bee it moreover Ordeined by the Authority aforesaid, That James Noêl shall bee Treasurer in the Room of Alderman Thomas Noēl late deceased, in relation to all moneys heretofore doubled at Weavers-Hall, upon the securitie of Bishops Lands &c. who is hereby impowred and required to execute & perform all and every such powers and authorities and duties, relateing to the discharge of his place, as the said Thomas Noēl by virtue of any former Ordinance or Act of Parlament might have don.