September 1648: An Ordinance of the Lords and Commons assembled in Parliament for the better clearing of one other Ordinance of the said Lords and Commons, of the 14th of April, 1648...

September, 1648

[21 September, 1648.]

Ordinance to explain the one for Conveying Bishops Lands to the Contractors, in Lieu of their Salaries.

Whereas some Doubts have been made, concerning several Clauses in the Ordinance of the 14th of April, 1648, abovementioned: For the better clearing whereof, be it Ordained, by the Lords and Commons assembled in Parliament, and by Authority of the same, That Henry Elsinge, now Register of and concerning the Lands and Possessions of the late Archbishops and Bishops, and all and every other Register for the Time being, from Time to Time, upon Request made by the Contractors aforesaid, or of any of them, their and every of their Heirs, unto the said Henry Elsinge, or other Register for the Time being, shall cast up what Sum or Sums of Money are or hereafter shall grow due unto the said Contractors, their or any of their Heirs, or any of them, making such Request as aforesaid, and shall likewise, upon the like Request or Requests as aforesaid, from Time to Time, make One or more Certificate or Certificates to the Trustees for Sale of the said late Archbishops and Bishops Lands, Tenements, and Hereditaments, of what and how much is due unto every Contractor for his Salary; whereupon the said Trustees, or any Five or more of them, upon the like Request of the Contractors, or any of them, or any of their Heirs, made unto them, or any Five of them, shall, from Time to Time, convey, settle, and assure, by good and sufficient Conveyances and Assurances, out of such of the said late Archbishops and Bishops Manors, Lands Tenements, Hereditaments, are as yet unsold, unto the said Contractors, and every of them, their and every of their Heirs, or to such other Person or Persons as they or any One or more of them under their Hands and Seals shall nominate, and to their Heirs and Assigns, such Parcel and Parcels thereof as the said Contractors, or any of them, or their or any of their Heirs shall require, not exceeding the value of Fourscore Pounds per Annum in Possession or Reversion, proportionably to each Contractor, and each of their Heirs and Assigns respectively, not under the Rates in the Ordinances of the 17th of March, 1647, and the 14th of April, 1648, set forth and expressed, whereof no Particular signed by the Register hath been or shall be taken forth by any Persons or Persons within Threescore Days after Return and Publication of the Survey or Surveys wherein the same are or shall be comprized: And if it happen that the said Manors, or Parcel and Parcels of Land aforesaid, cast up after the Rates beforementioned, shall amount unto more than shall be then due unto the said Contractors or their Heirs respectively for their Salaries, that then the said Trustees, or any Five or more of them, shall and are hereby required to take Security, by a Demise or Demises, or Lease or Leases, of such proportionable Part of the Manors, Lands, Tenements, and Hereditaments, conveyed as aforesaid, as by the said Register, or other Registers for the Time being, shall be set forth and certified unto them to be competent for that Purpose, to secure the Payment of the Overplus Money that shall be due for the said Lands, over and above what shall be due unto the said Contractors, and every of them, for his Salary; which Overplus Money, if any, the said Contractors, or any of them, their and every of their Heirs and Assigns, shall and have hereby Liberty, for the Space of Three Years after every such Conveyance, and Conveyances, made and to be made as aforesaid, to pay or cause to be paid to the Treasurer or Treasurers for the said Bishops Lands, in Part or in all, either by Allowance or Defalcation to be made to such Contractor or Contractors, his and their Heirs and Assigns, of such Salary as shall appear by One or more Certificates from the Register for the Time being, to the said Treasurer or Treasurers, to be due to such Contractor or Contractors, for their further Service in the Sale of the said Bishops Lands, or by Defalcation upon Bills or Receipts for Money lent upon the Security of the said Lands, or in Ready Money; such Demise or Demises, Lease or Leases, to be made for Security as aforesaid, shall not exceed the Number of Fourscore and Nineteen Years from the making thereof, and shall commence Three Years after the Sealing and Delivery of the same; in which Demise or Lease, Care shall be taken, that if any, some, or all, of the said Contractors should die, or be discharged from being a Contractor or Contractors within the said last Three Years, that then such Overplus Monies aforesaid, as shall be from him or them, or his or their Heirs and Assigns, respectively due, shall, within Six Months within such dying or being discharged, be duly and truly satisfied and paid unto the Treasurer or Treasurers as aforesaid: And because it may fall out that the said Fourscore Pounds per Annum may be Parcel of the Manor and Manors, and that the Manors, and the Royalties, Services, and Lease Lands thereof, remaining then unsold, are, by the said Ordinance of the 14th of April, 1648, to be granted together, and not severed, the whole Value of such Manors, Royalties, Services, Demesne Lease Lands, in Possession and Reversion, may exceed the Value of Fourscore Pounds per Annum as aforesaid; it is therefore hereby further Ordained and Declared, That the said Contractor and Contractors, and every other Person or Persons to be nominated by them as aforesaid, their Heirs and Assigns, shall, in Defalcation, in Bills or Receipts, or in Monies as aforesaid, pay and satisfy to the Treasurers the One Moiety of the Purchase-money of the said Lands, exceeding the said Fourscore Pounds per Annum, upon Sealing of the Assurance, and shall secure the Second Moiety of the Purchase-money, exceeding the said Value of Fourscore Pounds per Annum, to be paid or defaulked at the End of Six Months from the Sealing, in like Manner as is done by other Purchasers; Nevertheless, the Fourscore Pounds per Annum as aforesaid, and allowed to be conveyed to each respective Contractor, or other Person or Persons to be nominated as aforesaid their Heirs and Assigns, for and towards his and their Satisfaction of their respective Salaries, is to be defaulked or paid for, and secured in such Manner as before is herein and hereby appointed, and not otherwise: And be it lastly Ordained and Declared, by the Authority aforesaid, That the said Contractors, and every of them, and their several Heirs, and all Person and Persons to be nominated as aforesaid by them or any of them, their Heirs and Assigns respectively, shall have like Benefit, Advantages, and Allowances, for Reprises or Lands conveyed to them, and afterwards recovered from them, and of all Ordinances made, or to be made, for the Sale of the said Lands and Possessions, as any other Purchasers of any the Lands and Possessions of the said late Archbishops and Bishops, their Heirs and Assigns, have or may or ought to have; and that all Conveyance and Conveyances by virtue thereof, or of the said former Ordinance of the 14th of April, 1648, to be passed, shall be good, valid, and effectual, and shall be made and passed in as ample and beneficial a Manner, to all Intents and Purposes, as any Conveyance or Conveyances to any other Purchaser or Purchasers have at any Time been, by the said Trustees, or any Five or more of them, made and allowed of; any former or other Ordinance or Ordinances concerning the said Lands and Possessions, or any Clause, Article, Matter, or Thing, in them or any of them contained, notwithstanding.