THe Lords and Commons assembled in Parliament taking into their con­sideration the many Obstructions that have and do daily happen in and about the sale of the Mannors, Lands, Tenements, and Hereditaments, of the late Arch-bishops and Bishops: And how necessary it is to free the kingdome from so great a debt with which it stands char­ged untill the said Lands be sold: Do hereby Declare and The names of the Committee. Ordaine, That Algernon Earl of Northumberland, Henry Earl of Kent, Philip Earl of Pembroke and Mountgomery, Charles Earl of Nottingham, William Earl of Salisbury, Basil Earl of Denbigh, Edward Earl of Manchester, Ed­mund Earl of Mulgrave, William Lord Gray of Warke, [Page 2] Edward Lord Mountague, Edward Lord Howard of The Committee are to remove Obstructions which shall ap­pear to them or any 5 of them, or be presented to them by the Contractors or any five of them, or the Trustees, or 5. of them, or the Treasur­ers, or any 2 of them, or the Comptroller. And to clear doubts arising upon any clause or word in any of the Ordinan­ces for sale or conveyance of Bishops Lands. An oath to be taken by 5 of this Committee whereof one to be a Peere. If it appear that any Tenant or other ought to have any cu­stom or privi­ledge, the Com­mittee are to certifie the same to the Register, who is there up­on to make out a particular, up­on which the Contractors may proceed, &c. Escrick, Mr. Prynn, Sir William Lewis, Mr. John Ash, Sir Dudley North, Mr. Trenchard, Mr. Drake, Coll. Pure­foy, Coll. Copley, Mr. Aunesly, Mr. Wheeler, Mr. Gewen, Mr. Miles Corbet, Mr. Reynolds, Mr. Edward Ash, M. Scot, Mr. Blakiston, Coll. White, Sir Robert Harley, Mr. Francis Al­len, Coll. Harvey, Coll. Venn, and Sir Harbottle Grim­ston, or any five or more of them shall be, and are hereby constituted a Committee of Parliament for the regulating and removing of Obstructions which shall appeare unto them, or any five or more of them, or be presented unto them as aforesaid, by the Contractors, or any five or more of them, or by the Trustees, or any five or more of them, or by the Treasurers, or any two of them, or by the Comptroller of the said premises, in the clearing the state of the said debt, and in the sale and speedy perfecting of the Conveyances of the said premises, and for the clear­ing of any doubts which have or shall arise upon any clause or word in any of the Ordinances for the sale or conveying any of the said premises to any person or persons as they shall conceive meet, so as the said premises in possession, nor any part thereof be sold under the rates limited by former Ordinances of Parliament, nor Reversions upon Leases for lives or yeares under the rates expressed in the Ordinance of Parliament dated the seventeenth day of March, one thousand six hundred forty and seven. And if it shall appeare upon the survey, or by proofe upon oath which the said Committee, or any five or more of them, (whereof one to be a Peere) are hereby authorised to ad­minister, That any Tenant or Tenants or others, by the Custome of any Mannor or place, have or hath any Cu­stome, Customes or Priviledge, which in the purchase of [Page 3] the premises ought to be considered and allowance made unto the purchaser in his purchase for the same, The said Committee as aforesaid are hereby authorised to cer­tifie the Custome proved as aforesaid to the Register, who is thereupon to make out a particular, upon which the Contractors shall and may proceed to sell or make al­lowance Exactions of Fees by any Officer or Clerk. unto the purchaser, and the Trustees to convey, as if the same had been expressed in the Survey. And where any complaint shall be made by any purchaser or purchasers or others of any irregularity or exactions of Fees by any Officer or Clerk now imployed, or hereafter to be imployed in, about, or concerning the premises; The Committee to appoint and allow Officers and Fees. The Trustees to give warrants for payment of them. The said Committee as aforesaid, are hereby authorised to examine, allow, appoint, remove, and regulate such fees, charges, and Officers not already limited and ap­pointed by Ordinance of Parliament; and also appoint such Officers or others, imployed or to be imployed about or concerning the same, as they shall think fit and necessa­ry. And after allowance of such Officers Fee or char­ges certified by the said Committee to the Trustees or a­ny five or more of them, they shall and may make out a Warrant or Warrants from time to time to the Treasu­rers for the paying of the same, which the Treasurers shall, and are hereby authorised to pay accordingly, and the Proviso for Of­ficers nominated by the Trustees, Treasurers and Contractors. And to ascer­tain and allow to Officers or others, who have Fees, Rents, or Char­ges, due by grant from any Bishop. parties receipt to whom the monies are so assigned, shall be to them a sufficient discharge: Provided that this shall not take away any power the Trustees, Contractors, or Treasurers by Ordinance of Parliament have in the nomi­nation of their Officers; and also to ascertaine, and allow out of the premises or profits thereof to any Officers or others, who have Fees, Rents, Annuities or other charges as shall appear to be justly due by any lawfull grant from [Page 4] any of the Arch-bishops or Bishops; and if any doubt or Doubts and dif­ferences arising among the Trustees, Con­tractors, Treasu­rers, Comptro­ler to be deter­mined by this Committee. difference shall arise among the Trustees, Contractors, Treasurers, Comptroller, or any of them, or any others imployed in, or about the said premises, or any of them, or any part thereof, or any thing concerning the same; That the said Committee, or any five or more of them, upon information thereof by them or any of them, shall call before them such person or persons, and shall heare, examine, settle, and determine the same, and such order, direction, and determination, as they shall make, shall be the rule by which such person or persons shall proceed If any person have any Wri­tings or Eviden­ces, &c. belong­ing to the pre­mises. therein; and they are hereby authorised and enjoined to proceed accordingly; And if any person or persons what­soever, have in his or their custody, or hereafter shall have the possession of any Writing, Evidences, Charters, counterparts of Leases, Rent rolls, Records, Leadger books, or any other thing or things of or belonging to the said premises, or any part thereof, which by force or vertue of any Ordinance, or Ordinances of Parliament Or have wasted, received, or de­tained any hou­ses, woods, rents, &c. And shall refuse obedience to the Orders of this Committee concerning the same. have been vested, settled, or ought to be, or have been in the possession of the foresaid Trustees, Register, his or their assignes, or any purchaser or purchasers thereof, their heires or assignes, or belonging unto him or them, or have since the first of December, one thousand six hundred for­ty and sixe, or hereafter shall waste, spoil, receive, take, or detain any of the Castles, Houses, Buildings, Woods, Underwoods, Rents, Issues, and profits of the said pre­mises, and shall refuse to yeeld obedience to all or any Or­dinance of Parliament touching the premises, and to such further orders, directions, and determinations of the said Committee, or any five or more of them, shall make of, and concerning the same; That then the said Committee [Page 5] as aforesaid, are hereby authorised to summon beforeThey are to be summoned be­fore this Com­mittee, who upon refusall to appear are to send for them in safe custody. them, or any five or more of them, such person or persons, and if he or they shall refuse to appeare upon summons, then to send for him or them in safe custody, and to heare and examine him or them, and likewise to send for Papers, Writings, Evidences, Records, and Witnesses touching the sameAnd to send for papers, witnes­ses, &c., and to examine Witnesses upon oathThis Committee or any 5 of them to examine wit­nesses upon oath., which the said Committee, or any five or more of them, are hereby authorised to administer, and thereupon to determine the same, and to assesse dammages upon the person or persons so offendingAnd to assesse dammages up­on the persons offending., so as the said dammages doe not exceed such dammage as is proved upon oath as aforesaid, the purcha­ser or purchasers, or the estate have or hath sustained by such entry, detainer, waste, or spoil, and the party or par­ties so offending, are hereby required to pay such damma­ges as shall be given the State, unto the said TreasurersDammages to be assessed to the State to be paid to the Trea­surers., and to the purchaser or purchasers of the said premises, such dammages as shall be given him or them respectively within fourteen daies after judgement given as aforesaidBut dammages to the purchaser to himself with. in 14. daies., or else to give sufficient security to the said Treasurers, and to such purchaser or purchasers respectively to pay the dammages so assessed within three monthsOr to give secu­rity to pay it within 3 months.; the which sum or sums of money paid in to the said Treasurers, are to be issued out and disposed of by the said Treasurers for such uses as are appointed by former Ordinances of Parli­ament, for the sale of the Lands of the late Archbishops and Bishops, and according to such Warrant or Warrants as they shall from time to time receive from the said Tru­steesThe Treasurers are to dispose of the said damma­ges for the uses appointed by the former Or­dinances by Warrant of the Trustees., any five or more of them; and that receipt of such person or persons to whose use the said monies is appoint­ed, together with the Warrant of the said Trustees, shall be a sufficient discharge unto the said Treasurers for the [Page 6] monies so paid; And if the said person or persons so offen­ding, If any person offending refuse obedience to the said Ordi­nances, or the Orders of this Committee, they are to be committed to safe custody.shall notwithstanding refuse to yeeld obedience unto the said Ordinances of Parliament, or such orders and di­rections as the said Committee (as aforesaid) shall make and set downe concerning the premises or any part of them, that then the said Committee or any five or more of them are hereby authorised to commit such person or persons to safe custody till he or they yeeld obedience there­unto: And it is further ordained, that if any person or per­sonsIf any person having possession of any Bi­shops houses &c. having no lease thereof made before the first of Decem­ber, 1641. Doe contrary to the order of this Committee re­fuse to deliver possession. have since the first day of December, one thousand six hundred forty and one, possessed him or themselves or hereafter shall possesse him or themselves of any the Ca­stles, Houses, or Buildings, or other the premisses of the said late Archbishops and Bishops, he or they having no Lease or grant thereof, from such Archbishops or Bi­shops made before the first day of December, one thou­sand six hundred forty and one, and shall contrary to the order and determination of the said Committee as afore­said, refuse to yeeld up, or by force keepe the possession of any the said premisses against the said Trustees, or the purchasor, or purchasors of the same; That then the said Committee as aforesaid, are hereby authorised to is­sueThen this Com­mittee are to issue out War­rant to the Sheriffe of the County to clear the possession.out a Warrant or Warrants unto the Sheriffe or She­riffes of the respective place or County where such de­tainer is used, requiring him or them forthwith to re­paire to the place, and to clear the possession, and such Sheriffe or Sheriffes are hereby authorised and required to doe the same, and to raise the posse Comitat' if he or they shall finde resistance, and by force of Armes to sup­presseAnd to raise [...]he posse Comi­ [...] if resisted.the same, and also to break open doores and gates for the cleering of the possession of the said premisses, [...]nd to break [...] doores &c.and the same so cleared to deliver up unto the said Tru­stees [Page 7] or such person as they or any five or more of themAnd to [...] possession to th [...] Trustees or the purchaser.shall authorise to receive the same, or to the purchaser or purchasors or such person or persons as he or they shall authorise to receive the same; And the said Sheriffe or Sheriffes are further authorised to commit to the nextAnd the She­riffe may com­mit such as re­sist him. common Prison for one moneth such person or persons as he or they shall finde to resist him or them in the executi­on of such Warrant or Warrants as he or they shall re­ceive from the said Committee as aforesaid, and such Warrant or Warrants as he or they shall receive as a­foresaid, shall be a good and sufficient discharge unto him or them for so doing; And it is further ordained, that where any Certificate or Survey hath been or shallWhere any Te­nant hath neg­lected to shew his evidences & make his claime according to the Ordinance and thereby forfeited his Estate.be made and returned to the Trustees or Register, that any Tenant hath neglected or refused to shew his evi­dences by which he holds his estate, nor made his claime nor estate appeare by sufficient witnesses within the time limited by the Ordinance of Parliament, and according to the directions of the said Ordinance, by reason of which his estate is forfeited and the premisses sold as inThis Commit­tee are to deter­mine the case.possession, the said Committee are hereby authorised upon the appeal of such person or persons unto them or any five or more of them, to heare and determine such case or cases, and to send for papers, writings, and wit­nesses touching the same, and the witnesses if they see cause to examine upon Oath which they are hereby au­thorised to administerAnd to examine witnesses upon oath.: And if it shall appeare to the said Committee that such default was not through any wilfull neglect or contempt of the power & authority of the Par­liament, but upon other good and sufficient causes showne to and to be allowed by the said Committee, they shall and may and are hereby authorised thereupon to dischargeIf such default were not through con­tempt, this Committee may discharge the estate of such person from the forfeiture. [Page 8] the estate of such person of and from the said forfeiture, which they shall certifie to the said Contractors or any five or more of them, who are hereby authorised and re­quired out of the purchase moneys unpaidWhich they are to certifie to the contractors who are to make a reprise for it out of the purchase mony unpaid. to reprise so much as the purchase of such part of the premisses was estimated at in sale thereof, which they shall certifie unto the Treasurers who are hereby authorised and required to allow the same unto such purchaser or purchasers out of his or their moneys which shall be unpaid at the timeAnd to certifie to the Treasu­rers who are to allow the same. of the receipt of such certificate, which shall be a suffici­ent discharge to the said Treasurers; Provided that such Tenant or Tenants make his or their appeale to the said Committee before the payment of the second Moi­ty for such purchaseProvided that such Tenant make his appeal before payment of the second moity.: And it is further Ordained that such order or discharge made as aforesaid, shall be good and effectuall to such Tenant or Tenants to have, hold and enjoy the particular estate and interest he claimed and made appeare as aforesaid he ought to have and en­joy the said premisses, notwithstanding the same were for­feited and sold as in possessionSuch order or discharge of this Committee to be effectuall, al­though the same were forfeited and sold as in Possession.: And it is further Ordai­ned, that if any such person or persons who intend to be the purchaser or purchasers of any of the Heredita­ments and possessions of the late Archbishops and Bi­shops where there hath been or shall be any such neglect or refusall of the Tenants as aforesaid, certified upon the survey of the said premisses or forfeiture incurred doe or shall procure from the Contractors a Certificate un­to the said Committee of the names of such Tenant or Tenants who have refused or neglectedIf any one inten­ding to purchase any lands where there hath been any such neglect or refusall of the Tenants certified in the survey or forfeiture incur­red, doe procure a certificate of their names from Contractors,, and for­feited, or shall neglect, refuse or forfeit as aforesaid, That then the said Committee as aforesaid are here­by authorised to send for such Tenant or TenantsThen this Com­mittee are to send for such Tenants and their leases &c. [Page 9] as likewise for their leases or copies, and other wri­tings Which they re­fuse to produce or make their estates appeare upon each, this Committee may commit them to safe custody.concerning their estate in the premisses; which if he or they shall refuse to produce or make his or their estate appeare by proofe upon Oath which the Committee is hereby authorised to administer, That then the said Committee may commit such person and persons to safe custody there to remaine untill he or they yeeld obedience to this and other ordinances of Parliament, and such orders as the said Commit­tee shall make touching the premisses; And the said Con­tractors may notwithstanding sell such premisses as in possession according to a former Ordinance of Par­liamentAnd the Con­tractors may not­withstanding sell the premisses as in possession.: And in case of obedience and conformity to the Ordinances of Parliament, and such Orders as the said Committee shall make touching the premisses, the said Committee are hereby authorised to discharge the estate of such person or persons of and from the said forfeitureAnd in case of o­bedience to the ordinan­ces of Parlia­ment, and orders of this Commit­tee, they may dis­charge the estate of such person from forfeiture., and the same together with the par­ticular interest is made appear unto them to certi­fie as well to the Trustees as RegisterAnd the same with the par­ticular interest to certifie to the Trustees and Register.; And the Re­gister shall make his particular accordingly: And the said Contractors are hereby authorised to contract for and sell and Trustees to convey the same as if it had been expressed in the surveyAnd the Con­tractors and Trustees are to sell and convey accordingly.: And it is further Ordained that where in any survey made or to be made of any of the Mannors, Lands, Tenants, and hereditaments of the said late Archbishops, and Bishops, there shall be any words wanting, without which the said Com­mittee or any five or more of them, or the said Con­tractors, or any six or more of them, shall conceive that the said premisses, or any part thereof compri­sed in any such surveyIf any words be wanting in any survey to passe the lands &c. contracted for, the Register may insert in the par­ticular such words as this Committee or any six Contra­ctors shall think fit., or any of the Courts, Fran­chises, [Page 10] Liberties, Royalties, Priviledges, or appurtenances to them or any of them belonging cannot be convey­ed to the purchasor, or purchasors thereof, so fully as ought to be: To the intent the purchasor may have in his or their conveyance, words sufficient to pass so much of the said premisses as he or they doe or shall contract for; The Register in every particular by him made upon every such Survey, shall insert, and hereby is authorised to insert such words as the said Committee as aforesaid, or the said Contractors, or any sixe or more of them shall thinke fit, and direct, therein to be in­serted, notwithstanding the same bee not expressed in the Survey, whereupon such particular shall be made; And the said Contractors shall and may proceed, and are And the Con­tractors are to proceed accord­ing to the Par­ticular so amen­ded.hereby authorised and enjoyned to contract for, and pass conveyances of the said premises, or any part there­of according to such particular so amended; Provided that there shall be no repriseProvided that no reprise be made but where a value is put upon the thing &c.by reason of the addition of any word or clause as aforesaid, unlesse there be a value put upon the thing or things in the particular, upon which the contract is made; And it is further ordained, That if any purchaser or purchasers, or others, shall makeit appear unto the said Committee, any five or more of them, by proofe upon oath, which the said Committee as aforesaid, are hereby authorised to administer, and likewise to send for Parties, Writings, and Witnesses touching the pre­mises, that the premises contracted for, or convey­ed, are subject and liable unto any estate, charge, or in­cumbrance not mentioned in the Survey of the said premises, or that the premises were not the Mannors, Lands, Tenements, and Hereditaments of the said late Archbishops, or BishopsIf any purchaser or other make it appear that the premises contracted for or conveyed, are subject to any incumbrance not mentioned in the Survey, or that the pre­mises were not the Bishops Lands.; That then the said Com­mittee, [Page 11] or any five or more of them, are hereby au­thorised Then this Committee are to heare and determine the same and to cer­tifie their reso­lutions to the Contractors who are to make al­lowance of the same by way of reprise out of the monies un­paid, and cer­tifie the same to the Trustees, who are to give Warrants to the Treasurers therefore.to heare and examine the same, as aforesaid, and thereupon to determine the same, and to certifie unto the said Contractors their resolution and deter­mination of, and concerning the premises; And the said Contractors are hereby authorised to allow unto such purchaser or purchasers, by way of reprise out of his or their monies unpaid, so much as the said estate, charge, or incumbrance, proved, as aforesaid, shall be valued at, and the same to certifie to the Trustees, who shall issue out Warrant, or Warrants, to the Treasurers, to defaulke and allow the same unto such purchaser or purchasers; And where the said Contra­ctors shall be certified as aforesaid, that the pre­mises contracted for, or conveyed, were not the pre­mises of the said late Archbishops, or Bishops, they shall and may, and are hereby authorised to discharge such purchaser or purchasers of his or their contractAnd the Con­tractors are to discharge the purchaser of this contract made for Lands which shall be so certified not to belong to the Bishop.; And in case where any purchaser hath perfected his conveyance, if the said Committee as aforesaid doe or shall certifie the said Trustees, or any five or more of them, that the premises are not the Mannors, Lands, Tenements, and Hereditaments, of the said late Arch­bishops or Bishops; That then the said Trustees as a­foresaid, shall issue out their Warrant to the Trea­surers to repay such person or persons his or their mo­nies forthwith out of such monies as are in TreasuryAnd where the Purchaser in that case hath perfected this conveyance, the Trustees upon such certificate of this Com­mittee) shall issue out War­rants to the Tre­surers to repay the purchase money forth­with., or out of the next monies which shal come into the Treasury; And the said Warrant, together with the Receipt of the party, shall bee a good and sufficient discharge to the said Treasurers; And it is further ordained that if any doubt shall be made or arise upon any word or clause [Page 12] in this present Ordinance, or any other Ordinance of And if any doubt arise up­on any word or clause of this on any other Ordinance touching the premises, the Trustees and o­ther Officers are to proceed ther­in according to the determina­of this Com­mittee therein.Parliament, touching, and concerning the premises, by the said Trustees, Contractors, Treasurers, and other Officers, imployed about, or concerning the said pre­mises: The said Trustees, Contractors, Treasurers, and other Officers imployed as aforesaid, are hereby authorised and enjoined to proceed therein according to the determination and direction of the said Commit­tee, any five or more of them, any former Order or Ordinance of Parliament to the contrary notwith­standing; And what soever the said Committee, Tru­stees, Treasurers, and other Officers, or any of them, shall do in pursuance of this present Ordinance, they shall be saved harmelesseActors upon this Ordinance to be saved harmless.and indempnified by autho­rity of Parliament.