July 1649: An Act for further Instructions to the Trustees, Contractors, Treasurers, and Registers for the Sale of the Lands and Possessions of the late Deans, Sub-deans, Deans and Chapters...

July 1649

[31 July 1649.]

All Officers of Cathedrals disabled from 29, Martii 1649; All their Manors, Lands, &c., vested in Trustees.; Trustees names.; Rectories, Parsonages, &c., excepted.

Be it Enacted by this present Parliament, and by the authority of the same, That all and every person and persons, who by an Act of this Parliament, Entituled, An Act of the Commons of England in Parliament 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 or Wales are not disabled to hold or use the Place, Function, Office, Title or Stile of Precenter, or any other Title, Stile, Place, Function or Office, of or belonging to any Cathedral or Collegiate Church or Chapel within England or Wales, the town of Berwick upon Tweed, and Isles of Guernsey and Jersey, or any of them, are and be from the Nine and twentieth day of March, in the year of our Lord, One thousand six hundred forty nine, disabled to hold the same or any such Place, Function, Office or Stile as aforesaid; And that all Manors, Lands Tenements, Rectories, Parsonages, Vicarages, Advowsons, Donations, Nominations, Rights of Patronage and Presentation, Tythes, Parks, Commons, Annuities, Rents, Reversions, Services, Courts Leet, Courts Baron, and other Courts, Franchises, Liberties, Priviledges and Immunities, Rights of Action and Entry, Conditions, and all other possessions and Hereditaments, with their and every of their appurtenances, of what nature or quality soever they be, which now are, or at any time within ten years before the beginning of this present Parliament, of right were belonging to every or any such Precenter, or other person or persons aforesaid, and which they or any of them ha dheld or enjoyed in right, or by reason of his or their said place, function, office, title, stile or imployment respectively, together with all Charters, Deeds, Court-Rolls, Accompts, Evidences and Writings belonging to them or any of them which concern the same premises, or any of them, shall be, and are hereby vested and setled, and are hereby adjudged to be, and shall be deemed and taken to be in the real and actual possession and seisin of Sir John Wollaston Knight, Thomas Noel, William Hobson, Thomas Arnold, Owen Roe, Stephen Estwick, Robert Titchborn, George Langham, John Stone, Mark Hildesley, John White, William Wyberd, Daniel Taylor, William Rolf and Rowland Wilson, Esqs; (Trustees in the said recited Act named) their Heirs and Assigns, and that they the said Trustees, and the Survivor and Survivors of them, and his and their Heirs and Assigns, shall from henceforth hold such of the premises (hereby setled and vested in them) and such of the Manors, Lands, Tenements and Hereditaments by the said recited Act vested in the said Trustees and their Heirs, as on the Eight and twentieth day of March last past were holden of any common person or persons by the same Tenures, Rents and Services by which the same were then held, and shall from henceforth hold all the rest of the said Manors and Premises, as well those which are hereby, as those which by the said recited Act are vested or setled in the said Trustees and their Heirs, of the Manor of East-Greenwich in Fee and Common Soccage, by Fealty onely, and not by any other tenure or service whatsoever; and that they the said Trustees, and the survivor and survivors of them, and his and their Heirs, shall from henceforth stand seized of all the said Manors, Lands, Tenements, Hereditaments, and other things hereby, or by the said recited Act, vested in them and their Heirs as aforesaid (except Rectories, Parsonages, Vicarages, and such other things as in the said Act are excepted) to the uses, intents and purposes herein and hereafter declared, and not upon any other trust, nor to any other use, intent or purpose whatsoever, (that is to say) That out of the money which shall be raised by sale of such of the premises as shall be sold, and out of the Rents, Revenues, Issues and profits of the premises, which shall grow due before such sale, the several sums of moneys, which hereby, or by the said Act are, or are intended to be paid and satisfied, together with all charges to be paid or born, for or by reason of the execution of the trust in them reposed (and not otherwise provided for) may be paid and satisfied; and after the same shall be paid and satisfied, they and the Survivor and Survivors of them, his and their Heirs shall stand seized of the residue of the premises then remaining undisposed of, for the use and benefit of the Commonwealth, as by the Parliament shall be appointed.

Reference to the Act of 30 April, 1649.

And it is hereby further enacted in all things (not hereby otherwise directed) which concern the premises hereby vested or settled in the said Trustees and their Heirs, and the Rents, Issues and Profits thereof, or which have reference thereunto, as in and by the said recited Act, and such other Acts and Instructions as have been since that made or given, It is Enacted concerning the Manors, Lands, Tenements, Hereditaments, and other things by the said first recited Act vested or setled in the said, Trustees and their Heirs, and the Rents, Issues and Profits thereof, or any other thing in reference thereunto; And that the said Trustees, Contractors, Treasurers and Register respectively, and all purchasers and others whom it doth or shall concern, shall have the like powers, priviledges and authorities in all things, and are hereby authorized and impowered to have and do all such and the like acts and things in reference to the premises hereby vested or setled in the said Trustees and their Heirs, and the Rents, Issues and Profits thereof, in the like sort as they have or may do by force of the said other Acts and Instructions in reference to the premises, by the said first recited Act vested or settled in the said Trustees and their Heirs, and the Rents, Issues and Profits thereof.

In what case the Contractors may purchase.; With proviso.

And it is further Enacted by the authority aforesaid, That such of the Contractors named in the said first recited Act, who on or before the first day of December, One thousand six hundred forty and one, in his or their own right had, and now hath, or which before or since that, as Executor or Administrator to any other, had and now hath, any legal term in any of the premises hereby, or by the said first recited Act vested in the said Trustees and their Heirs, may purchase the Reversion and Inheritance thereof, without incurring any of the Forfeitures expressed in the said Act; and shall have and enjoy such and the like benefit, discharges, liberties and advantages in reference thereunto, as any other Purchaser of any of the premises may or ought to have or enjoy, Any thing in the said first recited Act to the contrary notwithstanding. Provided in the cases aforesaid, That the Committee of Obstructions, or any five or more of them, shall make the Contract according to the Rules and Values in the first recited Act mentioned: And provided also, That no Contractor do procure himself to be an Executor or Administrator by fraud or covin, thereby to obtain an Interest of a Reversion or Reversions to become a Purchaser.

Trustees, &c., to observe these Instructions.

And it is hereby further Enacted, That the said Trustees, Contractors, Treasurers and Registers named in the said first recited Act, and all other persons, Bodies Politique and Corporate, and every of them, shall in reference to the premises hereby, or by the same first recited Act vested or setled in the said Trustees and their Heirs, and in all things touching the same, observe and pursue, and have the benefit of these Instructions following; (viz)

Instructions for the Trustees.

I. Further days for doubling.

That the times formerly limited, and now near elapsed, for bringing in of the moneys to be doubled upon the credit of the Deans and Chapters Lands, shall be enlarged, and have continuance unto the last day of August, One thousand six hundred forty nine for all those who live in London, or within twenty miles distant from the same; and unto the last day of September following, for all others of this Nation, or resiant therein.

II. Moneys advanced on Irish lands admitted.

That all persons, Bodies Politique and Corporate, whose moneys advanced for the purchase of the Rebels Lands in Ireland, are admitted to be doubled upon the credit of the said Deans and Chapters Lands, who have or shall within the times hereby before limited, double the same, and bring in their moneys, shall have allowance for the same after the rate of eight pounds per centum per annum, from the time of their first advance thereof, and shall have their Bills cast up accordingly.

III. What Receipts shall be a warrant to the Trustees.

That the Receipt or Certificate of the High Sheriffs of the several counties and cities, who by the Act for the speedy reducing of the Rebels in Ireland, were authorized to receive moneys advanced in their respective counties, for purchase of the said Rebels Lands, and to give Receipts for the same; as likewise the Receipt or Certificate of the Treasurers at Grocers-Hall London, for moneys advanced and paid in to their Treasury, upon the purchase of the said Rebels Lands, or any two of them, shall be a warrant to the said Trustees to admit to double upon, in like maner as the Receipts or Certificates of the Treasurers of those moneys at Guild-Hall, or the Survivor of them, are directed or intended to be.

IV. Merchant, strangers, Mariners, &c.

That all such Merchant-strangers, Mariners and others who advanced Moneys for the relief and preservation of Ireland, and paid the same in to the Chamber of London, in the year One thousand six hundred forty two, and their assigns bringing unto the said Trustees a Receipt or Certificate for the same under the hand of the Chamberlain of London, or his Deputy for the time being, shall be and hereby is admitted to double the same, with the Interest thereof, upon the credit of the said Deans and Chapters Lands, and shall have such allowance of Interest, and the like priviledges and advantages as any others admitted to double have or ought to have.

V. Those that raised horse.

That all such persons who raised or furnished any Horse, with or without Furniture, for the preservation of the City of London, which were listed and valued by Commissary Thomas Walker, and afterwards sent out into the publique Service, and there continued or lost, and not returned to the Owners, shall by themselves or their Assignes, upon producing to the said Trustees a certificate thereof under the Hand of the Colonel or Major of the Regiment, or Captain or other chief Officer of the Troop wherein the said Horses were abroad in the publique service, be admitted to double the Moneys at which the said Horses and Furniture were valued by the said Commissary, as Moneys owing upon the publique Faith, upon the credit of the said Deans and Chapters Lands, and shall have such allowances, priviledges and advantages as other persons admitted to doubling have.

VI. Particulars.

That the Register or his Deputy, or any of his Clerks, shall not make forth any Particular upon any Survey, but upon such onely as shall be first allowed and signed by the SurveyorGeneral; according to which Surveys so allowed and signed, particulars shall be made, and not otherwise.

VII. Contracts.

That the Contractors or any of them shall not make any Contract upon any Particular, but such onely as shall be first signed by the Register, or his sworn Deputy; and every Particular so made and signed, shall be a good and sufficient Warrant to the Contractors, or any five or more of them to contract upon, for the sale of all or any of the Lands, Tenements, Hereditaments and other things therein comprised.

VIII. Warrant to seal Conveyances.

That the Contractors or any five or more of them, after any such Contract made upon any such particular rated and signed by the Register or his sworn Deputy, shall thereupon by writing under their Hands, to be subscribed under such particular, attest that Contract, and make request, and give Warrant to the Trustees, or any five or more of them, to draw up and seal Conveyances thereupon to the purchasers;whereupon the Register or his Deputy (having first entred the same, and all proceedings thereon) shall deliver the same to the Trustees or any five or more of them, who are hereby authorized to make and seal Conveyances accordingly.

IX. Trustees to nominate Receivers,; and to give them allowances.

That the said Trustees, or any five or more of them, shall from time to time, by writing or writings under their hands and seals nominate and appoint such and so many Receivers as they shall think fit, to receive the Rents, Issues and Profits of the premises, which by this or the said first recited Act, are vested or setled in the said Trustees and their Heirs; and from time to time, when and as oft as they shall think fit, remove them or any of them, and nominate and appoint others in their stead and place; and shall take of every such Receiver, such security as they shall think fit, for payment into the Treasury, of so much as from time to time shall be received by every of those Receivers respectivly: And the said Trustees, or any five or more of them, are hereby authorized to make and give such Allowances to every such Receiver for his service therein, as shall be allowed of, with the approbation of the Committee of Obstructions, or any five or more of them, and for payment thereof, and of such Fees and Allowances as the said Trustees, or any five or more of them, by the first recited Act, are authorized to give or make, The said Trustees, or any five or more of them, are hereby authorized from time to time, to make Warrants under their Hands to the Treasurers, or any two of them, who are hereby required and authorized, out of the moneys which shall be paid into the Treasury, to pay the same accordingly: And that the said Trustees, Contractors, Treasurers and Register, and every of them respectively, and all others whom it may concern, in relation to the premises, which by this, or by the said first recited Act, are vested or setled in the said Trustees or their Heirs, shall have the like powers and authorities, and are in all things not hereby, or by the said first recited Act, or such other Acts or Instructions as have been since that made, otherwise directed to proceed in like sort, and to observe the like Rules and Instructions as the Trustees, Contractors, Treasurers, Register, or other persons for or concerning the late Bishops Lands, have or may, or might by force or vertue of any Ordinance of Parliament have, do or observe in relation to those Lands.