[Page] AN ORDINANCE FOR Further Doubling upon AND Finishing the SALE OF Deans, Deans & Chapters LANDS, And of Mannors of Rectories, Gleab­lands, &c.

[seal of the Commonwealth]

ORdered by his Highness the Lord Protector, and His Council, That this Ordinance be forthwith Printed and Published.

Henry Scobell, Clerk of the Council.

London, Printed by William du-Gard and Henry Hills, Printers to His Highness the Lord Protector, 1654.

[seal of the Commonwealth]

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.

ORdered by His Highness the Lord PROTECTOR and his Council, That this Ordinance bee forthwith Printed and published.

Hen. Scobell, Clerk of the Council.

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