December 1647: An Ordinance for removal of Obstructions in the Sale of Bishops Lands

December 1647

[2 December 1647.]

16 Nov. 1647 Contractors power to amend mistakes in Surveys.; And miscasting the total of any particular, &c.; To order a review or amendment of Surveys, &c.; Time given for making Claims.; The manner of doing it.; In default of such Claims, the Owner shall lose his interest.

The Lords and Commons assembled in Parliament, for the more speedy sale of the Mannors, Lands, and Possessions of the late Arch-bishops and Bishops, and removal of several Obstructions which hinder the sale thereof, do Ordain and Declare, and be it Ordained and Declared by the authority aforesaid, That the Contractors appointed by Ordinance of Parliament of the 16 of November, 1646. to Contract for, and sell the said Lands and Possessions, or any five of them are hereby appointed, authorized, and impowered to peruse all Surveys returned and to be returned of the said Lands and Possessions, and to amend, upon due proof made before them upon Oath, all mistakes in Misnomer of any person or persons, places or things, and likewise without Oath to amend all other misprisions in miscasting the total of any particular sums of money or numbers of Acres, or such other like mistakes, and also to make such amendments in Surveys returned, and to insert such words of course in particulars or Conveyances, as they shall think fit and necessary to pass such Estates, as they shall contract for to the Purchasers, according to the true intent and meaning of the Contracts which they shall make; and to order and direct the respective Surveyors, for review or amendment of any Surveys returned, as they shall see cause, and also to add by way of supplement Certificates of any Estates or Interests, which shall be made appear to them in manner and form hereafter expressed; To which end and purpose, Be it further Ordained by the said Lords and Commons, That all and every person and persons, who claim or pretend any Interest or Estate in any of the said Lands and Possessions, or any Annuity, Rent Charge, or other Charge, issuing out of the same, and have not made their Claimes, produced their Evidences, or otherwise made their Estates and Interests appear to the respective Surveyors of the Lands and Tenements, out of which they claim such Estates, before the return of their respective Surveys (notice and warning being given by the said Surveyors, according to the Instructions of both Houses of Parliament in that behalf) shall and are hereby required within forty daies next after the publication of this Ordinance, in such manner as is hereafter expressed, or return of their respective Surveys, to make their Claimes, or produce and shew forth their Evidences, or otherwise make their Estates and Interests appear to the said Contractors upon Oath of one or more credible Witnesses, and also all other persons claiming any such Interest, Estate, Annuity, or Rent Charge, who shall not make their Claimes, produce their Evidences, or otherwise make their said Interests and Estates appear to the Surveyors of the Lands and Tenements, out of which they claim such Estates, Annuities, or Rents Charge, before the return of their respective Certificates, shall and are hereby required within forty daies next after the publication of this Ordinance as aforesaid, or return of the said respective Certificates, to make their Claimes, or produce and shew forth their Evidences, or otherwise make their Estates and Interests appear to the said Contractors by Oath as aforesaid, which Oath and Oaths the said Contractors, or any five of them, are hereby authorized from time to time to administer. And in case default be made by any such person or persons, in making their said Claimes, or Estates, or Interests, to appear in manner and form aforesaid, that then all and every such person and persons, for failing, shall forfeit and lose their respective Interests, Estates, Annuities, and Rents Charge, and the Lands and Tenements out of which they shall claim the same, shall and may be sold as in possession, in like manner as other the Lands and Possessions of the said Archbishops and Bishops.

Rates forsale as the Contractors shall think fit.

And be it further Ordained by the said Lords and Commons, That it be and is hereby left to the Judgement and Discretion of the said Contractors, or any five of them, to sell any Castles, Places, or other Houses, parcel of the Lands and Possessions aforesaid, at such rates and prices, as they shall conceive most conducing to the advantage and benefit of the Commonwealth, though at lower rates then their materials are valued by the Surveys returned thereof.

Suits for Bishops Lands to be defended at the publique charge.; Repayment in case of eviction.

And be it further Ordained, That (in case any Suit shall hereafter be commenced by any person or persons, for recovery or eviction of any part or parcel of the Lands or Possessions of any the said late Arch-bishops and Bishops aforesaid, the Trustees aforesaid,. or any five or more of them, be, and are hereby authorized and enabled, at the publique Charge, to defend the said Suit, and to make good the Rent returned by the Survey, during such Suit, and (in case of Eviction of any part or parcel of the said Lands or Possessions) to give Warrant to the Treasurers to repay unto such person or persons, from whom such Land or Estate shall be evicted, the moneys by him advanced for such purchase, together with such necessary disbursements, as he or they have laid out by reason of the said Suit, which Warrant shall be sufficient to the Treasurers in that behalf to pay and satisfie the same.

In what case allowances shall be made by way of reprizal; The same to be certified to the Treasurers.

And it is also Ordained, That if after the sale of any of the Mannors, Lands, Tenements, or Hereditaments, of the late Archbishops or Bishops, the respective Purchasers thereof shall make complaint unto the Trustees, or any five of them, that the respective premisses by them purchased, are charged with, or lyable to the payment of any Rents, Annuities, Charges, Boots Boons, Payments, Issues, or Profits whatsoever, unto any Steward, Auditor, Receiver, Bayliff, Officer, Tenant, or other person whatsoever, which have not been formerly reprized and defalked to the said Purchasers, upon their respective Purchases of the Premisses, that then the said Trustees, or any five of them, shall search out, hear, examine, and ascertain the same, and thereupon certifie the said Rents, Annuities, Charges, Boots, Boones, Payments, Issues or Profits to the Contractors, or any five of them, whereupon the said Contractors, or any five of them, shall allow unto the said respective Purchasers of the Premisses, by way of reprizal rateably and proportionably, according to such rates as they paid or contracted for the said Purchased Premises, and shall accordingly ascertain and certifie the same to the respective Treasurers for the sale of Bishops Lands, or any two of them, who are hereby required and authorized to defalke out of the moyety unpaid in, or to pay unto the said respective Purchasers according to such Certificate, the respective sums so to be reprized as is aforesaid, with Interest after the rate of eight pounds per centum. to be accompted from the time of the payment of their purchase money, out of the money which they shall have in their Treasury; And (in case at the time of the presenting such Certificate as aforesaid, the said Treasurers have not money enough in Cash to satisfie the same) then they are hereby enjoyned to make payment thereof out of the first moneys which shall come into their said Treasury, or to be received by them, or any other by their appointment; And are not to pay or appoint to be paid, any other sum of money whatsoever, untill such reprizals as aforesaid, be first satisfied and paid; and the Warrant of the said Trustees, together with the Receipt of the said Purchaser or Purchasers, shall be to the said Treasurers a sufficient discharge.

Trustees to Print this Ordinance.; Sheriffs to Publish it

And the said Trustees, or any five of them are hereby authorized and required to cause this present Ordinance to be printed, and so to send Copies thereof to the Sheriffs of the respective Counties of the Kingdome of England and Dominion of Wales, where any of the Mannors, Lands, Tenements, or Possessions of the said Arch-bishops or Bishops are, which said Sheriffs respectively are hereby required to publish the same in their County Courts the next County Court Day, after they shall receive the same, and also in open market in the Shire Town the next market day after the receipt thereof, and shall certifie the day and place of the publication made as aforesaid, to the said Trustees, within twenty daies after the same shall be published.

And be it lastly Ordained, That this present Ordinance shall be valid according to the tenor and true meaning thereof, any former or other Ordinance or Ordinances concerning the sale of the Lands and Possessions of the said late Arch-bishops and Bishops, or any Clause, Article, or thing in them or any of them contained to the contrary in any wise notwithstanding.