AN ORDINANCE FOR Further Doubling upon AND Finishing the SALE OF Deans, Deans & Chapters LANDS, And of Manors of Rectories, Gleab-lands, etc. seal of the Commonwealth Thursday May 4. 1654. ORdered by his Highness the Lord Protector, and His Council, That this Ordinance be forthwith Printed and Published. Henry Scobell, Clerk of the Council. London, Printed by William dugard and Henry Hills, Printers to His Highness the Lord Protector, 1654. seal of the Commonwealth AN ORDINANCE FOR Further doubling upon and finishing the sale of Deans, Deans and Chapters Lands, and of Manors of Rectories, Gleab-Lands, etc. Whereas by one Act of Parliament entitled, An Act for sale of the Manors of Rectories and Glebe-lands, late belonging to Arch Bishops, Bishops, Deans, Deans and Chapters, It is enacted and Declared, That all Manors of Rectories, impropriate Messages, Tenements, Gleab-lands, Pastures, Meadows, Marshes, belonging to any rectory impropriate, and Fee-farm Rents, issuing out of Manors or Rectories impropriate, jointly 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 Politic, mentioned in one Ordinance of the ninth of December 1646. Entitled, An Ordinance of this present Parliament for abolishing of Arch-Bishops and Bishops within the Commonwealth of England, and Dominion of Wales, and for settling their Lands and Possessions upon trusties for the use of the Commonwealth. And in one Act of Parliament, Entitled, An Act of the Commons of England in Parliament assembled for the abolishing of Deans, Deans and Chapters, Canons, prebend's, and other offices and titles of or belonging to any Cathedral or Collegiate Church or Chapel within England and Wales, to be abolished in right of his or their said Office or function, should be and were settled in the full seison and possession of the respective trusties in the said Ordinance and Act named, their Heirs and Assigns. And the said respective trusties in the said Ordinance and Act named were authorized & 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 Honours, Manors, or Lands in the said Ordinance and Act mentioned. And whereas likewise by one other Act, Entitled, An Additional Act, for the more speedy effecting of the Sale of the Manors of Rectories and Glebe-lands, late belonging to the Arch-Bishops, Bishops, Deans, Deans and Chapters, etc. and for the better encouragement of Lender's 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 Honours, Manors, Lands, Tenements and Hereditaments, which by the said Act for abolishing of Deans, Deans and Chapters, etc. were exposed to sale, and not contracted for before the five and twentieth day of October, One thousand six hundred and fifty, (other than such as by the said last received 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 forerecited Act was to be borrowed, & should extend to secure as well the debts, principal and interest, which should be doubled, as for 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 if the Manors, Lands, Tenements, and hereditaments (by the said Act for abolishing of Deans, Deans and Chapters, etc. 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 than 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 trusties 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 manner 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 trusties for Deans, Deans and Chapters lands, or any five or more of them, in that behalf; And whereas by the said 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 trusties for that purpose, as well for satisfying the moneys upon the said Security, and for raising of moneys for the Service of the Common Wealth 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 satisfy all the Moneys due upon the former Securities: And whereas also former Contracts could not be so exactly settled 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 liable, are more than provided for to a considerable value, and the rest not applicable to satisfy such overplus which doth tend to the disadvantage both of particular Persons, and also of the Commonwealth, by retarding the whole work. To the end therefore, a speedy end may be put to the said Sale, and the Commonwealth eased of the burden 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 politic or Corporate, for any Money, Plate, Norl, Arms, or other thing advanced upon the Public Faith, or which hath been at any time allowed by any Act or Ordinance of Parliament, to be doubled, as Public Faith; together with Interest upon such Public 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, Entitled, An Additional Act for sale of several Lands and Estates forfeited to the Commonwealth for Treason, to be Register Accountant or any of them which the said Persons, or any of them, are hereby authorized to state accordingly. And after the stating of such Debts and Interest, and doubling thereof, the respective Creditors to be allowed only six pounds in the hundred by the year, for the whole of such doubled Public Faith Debts, until the payment thereof, or defalcation upon purchase, In relation to which doubling intended by this Ordinance, the trusties, Treasurers, Register and Accountant, and all other officers concerned therein, are hereby authorized and required to proceed according to the directions of the Acts of Parliament in like case made and provided, save only 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 politic 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, privileges, benefits, and advantages respectively in reference to the premises, as any such person or persons, bodies politic or corporate, their or any of their assigns might or aught to have had by the aforesaid recited Acts or either of them, save only what is hereby altered with restriction to debts and interests as aforesaid, and all and every person and persons who shall have their debts and interests stated as aforesaid, shall pay into the Treasurers named in the said Act for sale of the said Manors of Rectories, 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 Public Faith debts, unless he or they shall show good cause to the Treasurers or any one of them for his or their faller therein. 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 defalk able in payment for any purchase made within the same former Acts or any of them shall be and are hereby made to be defalkeable in payment in manner and form following; That is to say, the Certificates or Receipts for moneys to be doubled upon the security held forth by this present Ordinance, shall be defalkeable in payment for both moities of the purchase moneys, payable for any part of the premises which yet remain uncontracted for, and in payment for all second moities 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 defalkeable for any or both moities 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 authorized and required to admit and allow thereof accordingly; Provided that all defalkations to be made by virtue of this Ordinance, for moneys due upon any the Certificates, Receipts, or Bills aforesaid, shall be of one distinct account, as to the whole, or any moiety of the purchase money for which they shall be so defalked; Provided also that where any purchaser or purchasers, his or their Assign or Assigns shall tender any Bills or Receipts by this Ordinance made applicable for payment of any second Moiety, other than such Bills or Receipts, as by his or their Contract ought to have been applied thereunto; the party or parties so tendering 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 Moities, as also for defalcations as aforesaid, the said Treasurers, or one of them, are hereby authorized to give such Purchaser his or their Receipt or Acquittance and re-Conveyance accordingly. 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 Arch Bishops, Bishops, Deans, Deans and Chapters, Cannons; Prevends, and other the persons aforesaid, shall be doubtfully returned upon any Survey, either as to the Certain being or Legality of any Leas, or Copy of Court Roll. or any Life or Lives upon any Leas or Copy of Court Roll; the Temant or Tenants claiming such Leas, 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 month's 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 thereby. 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 Bishop's 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 any Ordinance or act of Parliament for allowance of Estates, be not any ways hereby enlarged. And be it further Ordained, That any two Surveyors Commissionated by the respective trusties 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 Bishop's 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 situation, or otherwise) may be conceived too great for the Common wealth to bear: it shall be in every such case in the power of William Webb Esquire, 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. 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 Arch-Bishops, Bishops, Deans, Deans and Chapters, Cannons, Prevends, etc. which by this present Ordinance, or any Ordinance or former Act of Parliament, are exposed to sale, and yet undiscovered, and which are or aught to be in the present possession of the respective trusties for the use of the Commonwealth, shall make the first discovery thereof to the Surveyor General, 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 virtue of any Leas 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 Leas 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 Leas 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 Leas 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 whomsoever 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 claus in this Ordinance, or any former Act or Ordinance of Parliament to the contrary notwithstanding. And be it further Ordained by the Authority aforesaid, That Sir William Robert's Knight, John Blackwell the Elder, James Russell, Timothy Midleton, Robert Fenwicke, Thomas Airs, 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 aswell to the sale of the said Lands and possessions, as to the sale of the Manors of Rectories, and Glebe Lands etc. lately belonging to the said Archbishops, and Bishops, which any six or more of the Contractors named in the said Ordinance, by virtue thereof, or any five or more of them by virtue of the former recited Act for sale of the Manors of Rectories, or by virtue of any additional Ordinances or Acts of Parliament concerning the sale of the premises respectively, may, might, or aught to have done, used, exercised, performed, or executed, to all Intents, Constructions, and purposes. And it is also further Ordained, That the respective trusties, Contractors, Treasurers, Register, Accountant, 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 than 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 ariseing by the Sale thereof, It is further Ordained by the Authority aforesaid, That the trusties for Sale of Bishop's Lands, shall have power, and are hereby empowered, to make warrants to the Treasurers for the Sale of the Manors of Rectories, Glebs etc. or one of them, for the payment of such incident charges as have or shall arise upon the Sale of the Manors of Rectories, Glebes &c. belonging to the late Archbishops, and Bishops, only; 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 Receiv such moneys as shall be doubled hereon, shall not issue forth any part of the Twenty thousand pounds hereby appointed to be doubled, but by, and in such manner, as his highness with the advice and consent of the Council shall direct. Provided that this Ordinance nor any thing therein contained, shall not extend to empower the respective Treasurers to grant any further or greater allowance to any persons employed, or to be employed in the perfecting of this work, than what hath been heretofore allowed unto them, or any of them, or to others in their places respectively. And be it moreover Ordained by the Authority aforesaid, That James Noêl shall be Treasurer in the Room of Alderman Thomas Noēl late deceased, in relation to all moneys heretofore doubled at Weavers-Hall, upon the security of Bishop's Lands etc. who is hereby empowered and required to execute & perform all and every such powers and authorities and duties, relateing to the discharge of his place, as the said Thomas Noēl by virtue of any former Ordinance or Act of Parliament might have done. Tuesday 4th May, 1654. ORdered by His Highness the Lord PROTECTOR and his Council, That this Ordinance be forthwith Printed and published. Hen. Scobell, Clerk of the Council.