May 1654: An Ordinance for further doubling upon and finishing the sale of Deans, Deans and Chapters Lands, and Manors of Rectories, Gleab-Lands, &c.

May, 1654

[4 May, 1654.]

Recital of former Acts and Ordinance.; Ordinance 9 December 1646.; 30 April 1649.

Whereas by one Act of Parliament, Entituled, An Act for Sale of the Manors of Rectories and Gleab-Lands, late belonging to Arch-bishops, Bishops, Deans, Deans and Chapters, it is Enacted and Declared, That all Manors of Rectories impropriate, Messuages, Tenements, Gleab-lands, Pastures, Meadows, Marshes, belonging to any Rectory impropriate, and Fee-farm Rents issuing out of Manors of Rectories impropriate, joyntly or severally charged therewith, late belonging or appertaining to any Rectory impropriate, Parsonage, Church, Chappel or Donative, late appertaining or belonging to any Archbishop, Bishop, Dean, Dean and Chapter, Prebend or other person or persons or Bodies Politique mentioned in one Ordinance of the Ninth of December, One thousand six hundred forty and six, Entituled, An Ordinance of this present Parliament for Abolishing of Archbishops and Bishops within the Commonwealth of England, and Dominion of Wales, and for setling their Lands and Possessions upon Trustees for the use of the Commonwealth; And in one Act of 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 and Wales, to be abolished in right of his or their said Office or function, should be and were setled in the full seisin 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 and required to contract, bargain, sell, alien and convey all and every the premises, and to execute all powers and authorities in sale thereof, as they might have done in the sale of any Honors, Manors or Lands in the said Ordinance and Act mentioned.

16 and 23 October 1650.

And whereas likewise by one other Act, Entituled, An Additional Act for the more speedy effecting of the Sale of the Manors of Rectories and Gleab-lands, late belonging to Archbishops, Bishops, Deans, Deans and Chapters, &c. and for the better incouragement of Lenders upon the security thereof, and of other Lands and Hereditaments of the said Deans and Chapters, the Parliament did Enact and Declare, That all and singular the Honors, Manors, 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 fifty, (other then such as by the said last recited Act were reserved from sale) should be, and were thereby declared to be part of the Security for the One hundred and twenty thousand pounds, which by the said before recited Act was to be borrowed, and should extend to secure as well as the Debts, Principal and Interest, which should be doubled, as the moneys which should be advanced and paid in to double the same, and the Interest from the time of doubling until the payment. And that of the Manors, 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 fifty, should (according to the rates at which the same were contracted for) amount unto a greater value then the moneys, debts and other charges, which before the Second day of October, One thousand six hundred and fifty, were charged upon the same, or to be satisfied thereby, and it should be so declared by the Committee for Obstructions; That in such case the overplus of the value of the premises so contracted for, should also be, and should be accounted as part of the security for the said moneys: And it was also Enacted and Ordained, That the Trustees in whom the same premises so intended for security 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 be raised by the sale thereof, unto and for the uses following, viz. For the payment of the Moneys and Debts which should be owing upon the security of the said premises, and all Salaries and incident charges, and the remainder thereof to the use of the Commonwealth, in such maner as the Parliament should appoint; And that all and every the said Rents, issues and Profits of the premises, and moneys to be raised by the sale thereof, should be 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 last recited Act, all and every the premises so appointed for security as aforesaid, were appointed to be sold, and were absolutely disposed unto the said respective Trustees for that purpose, well for satisfying the moneys upon the said security, and for raising of moneys for the Service of the Commonwealth; as also, to put a full end unto that business, and the charge of Officers and others employed therein.

And whereas nevertheless, some part of the premises 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 be so exactly setled as to the precise sums, by differing securities respectively charged upon the Revenue of the said Deans, Deans and Chapters, and other the premises aforesaid, whereby some sort of Debts, to which the said premises 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 Commonwealth, by retarding the whole work.

Above the sum formerly borrowed, 20,000l. more shall be borrowed on these Lands.; Doubling.; Interest at 8l. per cent. till stated.; After stating to be allowed onely 6l. per cent.; Money to be doubled shall be paid in within ten days.

To the end therefore a speedy end may be put to the said Sale, and the Commonwealth eased of the burthen and charge thereof, Be 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 sum of Three hundred thousand pounds appointed to be borrowed upon the Security held forth by the first recited Act, and over and above the sum of One hundred and twenty thousand pounds more borrowed upon the Security held forth in the two last recited Acts, or either of them, the sum of Twenty thousand pounds shall be further borrowed upon the Security of such of the premises 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 sum as shall be due to any person or persons, Body Politique or Corporate, for any Money, Plate, Horse, Arms or other thing advanced upon the Publique Faith, or which hath been at any time allowed by any Act or Ordinance of Parliament to be doubled, as Publique Faith, together with Interest upon such Publique Faith Debts, after the rate of Eight pounds in the Hundred by the year, until the stating of such Debts and Interest, by the persons named and appointed in and by an Act of Parliament, Entituled, An Additional Act for Sale of several Lands and Estates forfeited to the Commonwealth for Treason to be Register-Accomptant, or any of them, which the said persons or any of them, are hereby authorised to state accordingly. And after the stating of such Debts and Interest, and doubling thereof, the respective Creditors to be allowed onely Six pounds in the hundred by the year, for the whole of such doubled Publique Faith Debts, until payment thereof, or defalkation upon Purchase; in relation to which doubling intended by this Ordinance, the Trustees, Treasurers, Register-Accomptant, and all other Officers concerned therein, are hereby authorised and required to proceed according to the directions of the Acts of Parliament in like case made and provided, save onely as to what is hereby altered, restrictive to the Debts, and to allowance of Interest as aforesaid, and all and every person and persons, Body Politique and Corporate, to whom any Debts capable of doubling within this present Ordinance, shall be due, and his and their respective Assigns, and all persons doubling such Debts, and their respective Assigns, shall have all and the like Liberties Priviledges, Benefits and Advantages respectively, in reference to the premises, as any such person or persons, Bodies Politique 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 Interest as aforesaid; and all and every person and persons who shall have their Debts and Interest stated as aforesaid, shall pay in to the Treasurers named in the said Act for sale of the said Manors of Rectories, &c. or one of them, the money wherewith he or they ought to double within Ten days next after Certificate thereof to the Treasurers, or otherwise shall lose his or their PubliqueFaith Debts, unless he or they shall shew good cause to the Treasurers, or any one of them, for his or their failer therein.

How moneys doubled shall be defaulked on Purchases.; Defalcations shall be of one distinct Accompt.; Persons tendring other Bills than according to their Contract, shall defalk so much more as the Interest.

And be it further Ordained, That both the Certificates or Receipts to be given by the said Treasurers, or one of them, for moneys to be doubled upon the Security 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 defalkable in payment for any purchase made within the same former Acts or any of them, shall be and are hereby made to be defalkable in payment, in manner and form following; That is to say, the Certificates or Receipts for moneys to be doubled upon the Securities held forth by this present Ordinance, shall be defalkable in payment for both moyeties of the purchase-moneys payable for any part of the premises which yet remain uncontracted for, and in payment for all second moyeties payable upon Contracts made of any the said premises, at any time before the passing of this Ordinance; And the Certificates, Receipts or Bills for Moneys doubled, or transferred upon the Securities held forth by any the said Acts, shall be equally and alike defalkable for any or both moyeties of the Purchase-money, payable for any the premises exposed to sale by any the former Acts, either contracted or uncontracted for And the Treasurers and all other Officers concerned therein, are hereby authorised and required to admit and allow thereof accordingly; Provided, That all defalkations to be made by vertue of this Ordinance, for moneys due upon any the Certificates, Receipts or Bills aforesaid, shall be of one distinct accompt, as to the whole, or any moyety of the Purchase-money for which they shall be so defalked; Provided also, That where any Purchaser or Purchasers, his or their Assignee or Assignees shall tender any Bills or Receipts by this Ordinance made applicable for payment of any second moyety, other than such 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 moyeties, as also for defalkations as aforesaid, the said Treasurers or one of them, are hereby authorized to give such Purchasers his or their Receipt or Acquittance and re-conveyance accordingly.

Doubtful returns on Surveys.; Power of the Surveyor-General or Contractors not impeached, nor of Commissioners for removing Obstructions, enlarged.

And be it further Ordained and Declared by the authority aforesaid, That where any present estate of or in any the Lands or Possessions of the late Archbishops, Bishops, Deans, Deans and Chapters, Canons, Prebends, and other the persons aforesaid, shall be doubtfully returned upon any Survey, either as the certain being or legality of any Lease or Copy of Court Roll, or any Life or Lives upon any Lease or Copy of Court-Roll, the Tenant or Tenants claiming such Lease, Copy or Estate, shall (as to the Lands already surveyed) before the First day of July One thousand six hundred fifty 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 premises, 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 be for ever barred and excluded from any benefit or advantage thereof. Provided nevertheless, That the Power given by the former Acts to the Surveyor-General, as also the Power given by Ordinance of Parliament 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 premises, be not any ways impeached. And provided also, That the Power given or transferred to the Commissioners for removing of Obstructions, by Ordinance or Act of Parliament for allowance of Estates, be not any ways hereby enlarged.

Two Surveyors impowered as three were formerly.

And be it further Ordained, That any two Surveyors Commissionated by the respective Trustees for sale of the premises, 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 be returned imperfect, where the charge of a re-survey (in regard of the small value of the Lands remoteness of their scituation, or otherwise) may be conceived too great for the Commonwealth to bear; it shall be in every such case in the power of William Webb Esq; Surveyor-General, to inform himself by the best means and ways he can, touching the premises, either by Oath or otherwise (which Oath he 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, he shall and may, by and with their advice, amend and perfect any such Survey accordingly.

Persons being first discoverers Lands in their own possession shall have preemption.; The like for Lease or Copi-holders.; If he shall not discover it, he shall lose his Lease or Copy.; Discoverer to have preemption.

And be it further Ordained by the authority aforesaid, That in case any person or persons who hold in his or their possession or tenure, any of the Lands, Tenements and Hereditaments of the late Archbishops, Bishops, Deans, Deans and Chapters, Canons Prebends, &c. which by this present Ordinance, or any Ordinance or former Act of Parliament are exposed to sale, and yet undiscovered, and which are or ought to be in the present possession of the respective Trustees for the use of the Commonwealth, shall make the first discovery thereof to the SurveyorGeneral before named; every such person or persons desiring the same, shall be 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 Parliament in that behalf; And where any person or persons possessed of any the Lands or premises aforesaid, yet undiscovered, by vertue of any Lease, or Copy of Court-Roll, dated before the First of December, One thousand six hundred forty 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 Copy of his or their Lease or Leases, Copy or Copies of Court-Roll, to the said Surveyor-General, that a Survey may be had of the premises, every such person coming in within Thirty days next after the return of any such Survey, shall be admitted to the preemption of the reversion of his Lease or Copy, with the present Rent incident thereunto at the lowest rates the respective Contractors are enabled to sell as aforesaid, And in case of his or their neglect, to bring or send in such true Copy 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 Lease or Copy; and any person or persons who afterwards shall discover the same, shall have and be admitted to the preemption of the present possession of such Lands, and have the same conveyed to him or them, or to whomever he 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 Clause in this Ordinance, or any former Act or Ordinance of Parliament to the contrary notwithstanding.

Contractors.

And be it further Ordained by the authority aforesaid, That Sir William Roberts Knight, John Blackwel the elder, James Russel, Timothy Middleton, Robert Fenwick, Thomas Aires and Edward Cresset, Esquires, Contractors named (with others) in an Ordinance of the Lords and Commons assembled in Parliament, of the Sixteenth of November, One thousand six hundred forty six, appointing the sale of the Lands and Possessions of the late Archbishops and Bishops, for the use of the Commonwealth, or any three or more of them, be, and are hereby authorized to do, use, exercise, perform and execute all and every the Act and Acts, Authorities, Powers and things relating as well to the sale of the said Lands and Possessions, as to the sale of the Manors of Rectories and Gleab-Lands, &c. lately belonging to the said Archbishops and Bishops; which any six or more of the Contractors named in the said Ordinance, by vertue thereof, or any five or more of them by vertue of the former recited Act for sale of the Manors of Rectories, or by vertue of any Additional Ordinances or Acts of Parliament concerning the sale of the premises respectively, may, might or ought to have done, used, exercised, performed or executed, to all intents, constructions and purposes.

Trustees to give Warranty to the Treasurers for incident charges.

And it is also further Ordained, That the respective Trustees, Contractors, Treasurers, Register-Accomptant, Surveyor-General, and all other Officers attending the sale of the premises, and every of them, be hereby authorized and required in all things relating to the putting of this Ordinance in execution (other then 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 premises, together with the Moneys arising by the sale thereof, it is further Ordained by the authority aforesaid, That the Trustees for sale of Bishops Lands, shall have power, and are hereby impowered to make Warrants to the Treasurers for the sale of the Manors of Rectories, Gleabs, &c. or one of them, for the payment of such incident charges as have or shall arise upon the sale of the Manors of Rectories, Gleabs, &c. belonging to the late Archbishops 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 receive such moneys as shall be doubled hereon, shall not issue forth any part of the Twenty thousand pound shereby appointed to be doubled, but by, and in such maner, as His Highness with the advice and consent of the Council shall direct.

No greater allowances to be made then formerly.

Provided, That this Ordinance nor any thing therein contained, shall not extend to impower the respective Treasurers to grant any further or greater allowance to any persons imployed or to be 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.

Treasurer.

And be it moreover Ordained by the authority aforesaid, That James Noel shall be Treasurer in the room of Alderman Thomas Noel late deceased, in relation to all monies heretofore doubled at Weavers Hall, upon the Security of Bishops Lands, &c. who is hereby impowered and required to execute and perform all and every such powers and authorities and duties relating to the discharge of his place, as the said Thomas Noel by vertue of any former Ordinance or Act of Parliament might have done.