Die Martis 21 Novemb. 1648.  
AN ORDINANCE OF THE LORDS and COMMONS ASSEMBLED IN PARLIAMENT: Enabling a Committee of Lords and Commons to remove Obstructions in the sale of the Lands of the late ARCH-BISHOPS and BISHOPS.  
LONDON, Printed by R. coats, for JOHN BELLAMY. 1648.   

Die Martis 21 Novemb. 1648.  
An Ordinance of Parliament enabling a Committee of Lords and Commons to remove Obstructions in the sale of the Lands of the late Archbishops and Bishops.  
THe Lords and Commons assembled in Parliament taking into their consideration the many Obstructions that have and do daily happen in and about the sale of the manors, Lands, Tenements, and Hereditaments, of the late Arch-bishops and Bishops: And how necessary it is to free the kingdom from so great a debt with which it stands charged until the said Lands be sold: Do hereby Declare and 
The names of the Committee.  ordain, That Algernon Earl of Northumberland, Henry Earl of Kent, Philip Earl of Pembroke and Mountgomery, Charles Earl of Nottingham, William Earl of Salisbury, Basil Earl of Denbigh, Edward Earl of Manchester, edmond Earl of Mulgrave, William Lord Gray of work, Edward Lord montague, Edward Lord Howard of 

The Committee are to remove Obstructions which shall appear to them or any 5 of them, or be presented to them by the Contractors or any five of them, or the Trustees, or 5. of them, or the Treasurers, or any 2 of them, or the controller.  
And to clear doubts arising upon any clause or word in any of the Ordinances for sale or conveyance of Bishops Lands.  
An oath to be taken by 5 of this Committee whereof one to be a peer.  
If it appear that any Tenant or other ought to have any custom or privilege, the Committee are to certify the same to the Register, who is there upon to make out a particular, upon which the Contractors may proceed, &c.   Escrick, Mr. Prynn, Sir William Lewis, Mr. John Ash, Sir Dudley North, Mr. Trenchard, Mr. Drake, Coll. Purefoy, Coll. Copley, Mr. Aunesly, Mr. Wheeler, Mr. Gewen, Mr. Miles Corbet, Mr. Reynolds, Mr. Edward Ash, M. Scot, Mr. Blakiston, Coll. White, Sir Robert Harley, Mr. Francis Allen, Coll. Harvey, Coll. Venn, and Sir Harbottle Grimston, or any five or more of them shall be, and are hereby constituted a Committee of Parliament for the regulating and removing of Obstructions which shall appear unto them, or any five or more of them, or be presented unto them as aforesaid, by the Contractors, or any five or more of them, or by the Trustees, or any five or more of them, or by the Treasurers, or any two of them, or by the controller of the said premises, in the clearing the state of the said debt, and in the sale and speedy perfecting of the Conveyances of the said premises, and for the clearing of any doubts which have or shall arise upon any clause or word in any of the Ordinances for the sale or conveying any of the said premises to any person or persons as they shall conceive meet, so as the said premises in possession, nor any part thereof be sold under the rates limited by former Ordinances of Parliament, nor Reversions upon Leases for lives or yeares under the rates expressed in the Ordinance of Parliament dated the seventeenth day of March, one thousand six hundred forty and seven. And if it shall appear upon the survey, or by proof upon oath which the said Committee, or any five or more of them,( whereof one to be a peer) are hereby authorized to administer, That any Tenant or Tenants or others, by the custom of any Mannor or place, have or hath any custom, customs or privilege, which in the purchase of the premises ought to be considered and allowance made unto the purchaser in his purchase for the same, The said Committee as aforesaid are hereby authorized to certify the custom proved as aforesaid to the Register, who is thereupon to make out a particular, upon which the Contractors shall and may proceed to sell or make allowance 
Exactions of Fees by any Officer or Clerk.  unto the purchaser, and the Trustees to convey, as if the same had been expressed in the Survey. And where any complaint shall be made by any purchaser or purchasers or others of any irregularity or exactions of Fees by any Officer or Clerk now employed, or hereafter to be employed in, about, or concerning the premises; 

The Committee to appoint and allow Officers and Fees.  
The Trustees to give warrants for payment of them.   The said Committee as aforesaid, are hereby authorized to examine, allow, appoint, remove, and regulate such fees, charges, and Officers not already limited and appointed by Ordinance of Parliament; and also appoint such Officers or others, employed or to be employed about or concerning the same, as they shall think fit and necessary. And after allowance of such Officers Fee or charges certified by the said Committee to the Trustees or any five or more of them, they shall and may make out a Warrant or Warrants from time to time to the Treasurers for the paying of the same, which the Treasurers shall, and are hereby authorized to pay accordingly, and the 

Proviso for Officers nominated by the Trustees, Treasurers and Contractors.  
And to ascertain and allow to Officers or others, who have Fees, Rents, or Charges, due by grant from any Bishop.   parties receipt to whom the moneys are so assigned, shall be to them a sufficient discharge: Provided that this shall not take away any power the Trustees, Contractors, or Treasurers by Ordinance of Parliament have in the nomination of their Officers; and also to ascertain, and allow out of the premises or profits thereof to any Officers or others, who have Fees, Rents, Annuities or other charges as shall appear to be justly due by any lawful grant from any of the Arch-bishops or Bishops; and if any doubt or 
Doubts and differences arising among the Trustees, Contractors, Treasurers, controller to be determined by this Committee.  difference shall arise among the Trustees, Contractors, Treasurers, controller, or any of them, or any others employed in, or about the said premises, or any of them, or any part thereof, or any thing concerning the same; That the said Committee, or any five or more of them, upon information thereof by them or any of them, shall call before them such person or persons, and shall hear, examine, settle, and determine the same, and such order, direction, and determination, as they shall make, shall be the rule by which such person or persons shall proceed 
If any person have any Writings or Evidences, &c. belonging to the premises.  therein; and they are hereby authorized and enjoined to proceed accordingly; And if any person or persons whatsoever, have in his or their custody, or hereafter shall have the possession of any Writing, Evidences, Charters, counterparts of Leases, Rent rolls, Records, Leadger books, or any other thing or things of or belonging to the said premises, or any part thereof, which by force or virtue of any Ordinance, or Ordinances of Parliament 

Or have wasted, received, or detained any houses, woods, rents, &c.  
And shall refuse obedience to the Orders of this Committee concerning the same.   have been vested, settled, or ought to be, or have been in the possession of the foresaid Trustees, Register, his or their assigns, or any purchaser or purchasers thereof, their heires or assigns, or belonging unto him or them, or have since the first of December, one thousand six hundred forty and six, or hereafter shall waste, spoil, receive, take, or detain any of the Castles, Houses, Buildings, Woods, Underwoods, Rents, Issues, and profits of the said premises, and shall refuse to yield obedience to all or any Ordinance of Parliament touching the premises, and to such further orders, directions, and determinations of the said Committee, or any five or more of them, shall make of, and concerning the same; That then the said Committee as aforesaid, are hereby authorized to summon before 
They are to be summoned before this Committee, who upon refusal to appear are to sand for them in safe custody.  them, or any five or more of them, such person or persons, and if he or they shall refuse to appear upon summons, then to sand for him or them in safe custody, and to hear and examine him or them, and likewise to sand for Papers, Writings, Evidences, Records, and Witnesses touching the same 
And to sand for papers, witnesses, &c. , and to examine Witnesses upon oath 
This Committee or any 5 of them to examine witnesses upon oath. , which the said Committee, or any five or more of them, are hereby authorized to administer, and thereupon to determine the same, and to assess damages upon the person or persons so offending 
And to assess damages upon the persons offending. , so as the said damages do not exceed such damage as is proved upon oath as aforesaid, the purchaser or purchasers, or the estate have or hath sustained by such entry, detainer, waste, or spoil, and the party or parties so offending, are hereby required to pay such damages as shall be given the State, unto the said Treasurers 
damages to be assessed to the State to be paid to the Treasurers. , and to the purchaser or purchasers of the said premises, such damages as shall be given him or them respectively within fourteen daies after judgement given as aforesaid 
But damages to the purchaser to himself with. in 14. daies. , or else to give sufficient security to the said Treasurers, and to such purchaser or purchasers respectively to pay the damages so assessed within three months 
Or to give security to pay it within 3 months. ; the which sum or sums of money paid in to the said Treasurers, are to be issued out and disposed of by the said Treasurers for such uses as are appointed by former Ordinances of Parliament, for the sale of the Lands of the late Archbishops and Bishops, and according to such Warrant or Warrants as they shall from time to time receive from the said Trustees 
The Treasurers are to dispose of the said damages for the uses appointed by the former Ordinances by Warrant of the Trustees. , any five or more of them; and that receipt of such person or persons to whose use the said moneys is appointed, together with the Warrant of the said Trustees, shall be a sufficient discharge unto the said Treasurers for the moneys so paid; And if the said person or persons so offending, 
If any person offending refuse obedience to the said Ordinances, or the Orders of this Committee, they are to be committed to safe custody.  shall notwithstanding refuse to yield obedience unto the said Ordinances of Parliament, or such orders and directions as the said Committee( as aforesaid) shall make and set down concerning the premises or any part of them, that then the said Committee or any five or more of them are hereby authorized to commit such person or persons to safe custody till he or they yield obedience thereunto: And it is further ordained, that if any person or persons 
If any person having possession of any Bishops houses &c. having no lease thereof made before the first of December, 1641. do contrary to the order of this Committee refuse to deliver possession.  have since the first day of December, one thousand six hundred forty and one, possessed him or themselves or hereafter shall possess him or themselves of any the Castles, Houses, or Buildings, or other the premises of the said late Archbishops and Bishops, he or they having no Lease or grant thereof, from such Archbishops or Bishops made before the first day of December, one thousand six hundred forty and one, and shall contrary to the order and determination of the said Committee as aforesaid, refuse to yield up, or by force keep the possession of any the said premises against the said Trustees, or the purchasor, or purchaser of the same; That then the said Committee as aforesaid, are hereby authorized to issue 
Then this Committee are to issue out Warrant to the sheriff of the County to clear the possession.  out a Warrant or Warrants unto the sheriff or Sheriffes of the respective place or County where such detainer is used, requiring him or them forthwith to repair to the place, and to clear the possession, and such sheriff or Sheriffes are hereby authorized and required to do the same, and to raise the posse Comitat ' if he or they shall find resistance, and by force of arms to suppress 
And to raise ●he posse Comi●●●●● if resisted.  the same, and also to break open doors and gates for the cleared of the possession of the said premises, 
●nd to break 〈◇〉 doors &c.  and the same so cleared to deliver up unto the said Trustees or such person as they or any five or more of them 
And to 〈…〉 possession to th● Trustees or the purchaser.  shall authorize to receive the same, or to the purchaser or purchaser or such person or persons as he or they shall authorize to receive the same; And the said sheriff or Sheriffes are further authorized to commit to the next 
And the sheriff may commit such as resist him.  common Prison for one month such person or persons as he or they shall find to resist him or them in the execution of such Warrant or Warrants as he or they shall receive from the said Committee as aforesaid, and such Warrant or Warrants as he or they shall receive as aforesaid, shall be a good and sufficient discharge unto him or them for so doing; And it is further ordained, that where any Certificate or Survey hath been or shall 
Where any Tenant hath neglected to show his evidences & make his claim according to the Ordinance and thereby forfeited his Estate.  be made and returned to the Trustees or Register, that any Tenant hath neglected or refused to show his evidences by which he holds his estate, nor made his claim nor estate appear by sufficient witnesses within the time limited by the Ordinance of Parliament, and according to the directions of the said Ordinance, by reason of which his estate is forfeited and the premises sold as in 
This Committee are to determine the case.  possession, the said Committee are hereby authorized upon the appeal of such person or persons unto them or any five or more of them, to hear and determine such case or cases, and to sand for papers, writings, and witnesses touching the same, and the witnesses if they see cause to examine upon Oath which they are hereby authorized to administer 
And to examine witnesses upon oath. : And if it shall appear to the said Committee that such default was not through any wilful neglect or contempt of the power & authority of the Parliament, but upon other good and sufficient causes shown to and to be allowed by the said Committee, they shall and may and are hereby authorized thereupon to discharge 
If such default were not through contempt, this Committee may discharge the estate of such person from the forfeiture.  the estate of such person of and from the said forfeiture, which they shall certify to the said Contractors or any five or more of them, who are hereby authorized and required out of the purchase moneys unpaid 
Which they are to certify to the contractors who are to make a reprise for it out of the purchase money unpaid.  to reprise so much as the purchase of such part of the premises was estimated at in sale thereof, which they shall certify unto the Treasurers who are hereby authorized and required to allow the same unto such purchaser or purchasers out of his or their moneys which shall be unpaid at the time 
And to certify to the Treasurers who are to allow the same.  of the receipt of such certificate, which shall be a sufficient discharge to the said Treasurers; Provided that such Tenant or Tenants make his or their appeal to the said Committee before the payment of the second moiety for such purchase 
Provided that such Tenant make his appeal before payment of the second moiety. : And it is further Ordained that such order or discharge made as aforesaid, shall be good and effectual to such Tenant or Tenants to have, hold and enjoy the particular estate and interest he claimed and made appear as aforesaid he ought to have and enjoy the said premises, notwithstanding the same were forfeited and sold as in possession 
Such order or discharge of this Committee to be effectual, although the same were forfeited and sold as in Possession. : And it is further Ordained, that if any such person or persons who intend to be the purchaser or purchasers of any of the Hereditaments and possessions of the late Archbishops and Bishops where there hath been or shall be any such neglect or refusal of the Tenants as aforesaid, certified upon the survey of the said premises or forfeiture incurred do or shall procure from the Contractors a Certificate unto the said Committee of the names of such Tenant or Tenants who have refused or neglected 
If any one intending to purchase any lands where there hath been any such neglect or refusal of the Tenants certified in the survey or forfeiture incurred, do procure a certificate of their names from Contractors, , and forfeited, or shall neglect, refuse or forfeit as aforesaid, That then the said Committee as aforesaid are hereby authorized to sand for such Tenant or Tenants 
Then this Committee are to sand for such Tenants and their leases &c.  as likewise for their leases or copies, and other writings 
Which they refuse to produce or make their estates appear upon each, this Committee may commit them to safe custody.  concerning their estate in the premises; which if he or they shall refuse to produce or make his or their estate appear by proof upon Oath which the Committee is hereby authorized to administer, That then the said Committee may commit such person and persons to safe custody there to remain until he or they yield obedience to this and other ordinances of Parliament, and such orders as the said Committee shall make touching the premises; And the said Contractors may notwithstanding sell such premises as in possession according to a former Ordinance of Parliament 
And the Contractors may notwithstanding sell the premises as in possession. : And in case of obedience and conformity to the Ordinances of Parliament, and such Orders as the said Committee shall make touching the premises, the said Committee are hereby authorized to discharge the estate of such person or persons of and from the said forfeiture 
And in case of obedience to the ordinances of Parliament, and orders of this Committee, they may discharge the estate of such person from forfeiture. , and the same together with the particular interest is made appear unto them to certify as well to the Trustees as Register 
And the same with the particular interest to certify to the Trustees and Register. ; And the Register shall make his particular accordingly: And the said Contractors are hereby authorized to contract for and sell and Trustees to convey the same as if it had been expressed in the survey 
And the Contractors and Trustees are to sell and convey accordingly. : And it is further Ordained that where in any survey made or to be made of any of the manors, Lands, Tenants, and hereditaments of the said late Archbishops, and Bishops, there shall be any words wanting, without which the said Committee or any five or more of them, or the said Contractors, or any six or more of them, shall conceive that the said premises, or any part thereof comprised in any such survey 
If any words be wanting in any survey to pass the lands &c. contracted for, the Register may insert in the particular such words as this Committee or any six Contractors shall think fit. , or any of the Courts, Franchises, Liberties, Royalties, privileges, or appurtenances to them or any of them belonging cannot be conveyed to the purchasor, or purchaser thereof, so fully as ought to be: To the intent the purchasor may have in his or their conveyance, words sufficient to pass so much of the said premises as he or they do or shall contract for; The Register in every particular by him made upon every such Survey, shall insert, and hereby is authorized to insert such words as the said Committee as aforesaid, or the said Contractors, or any six or more of them shall think fit, and direct, therein to be inserted, notwithstanding the same bee not expressed in the Survey, whereupon such particular shall be made; And the said Contractors shall and may proceed, and are 

And the Contractors are to proceed according to the Particular so amended.   hereby authorized and enjoined to contract for, and pass conveyances of the said premises, or any part thereof according to such particular so amended; Provided that there shall be no reprise 
Provided that no reprise be made but where a value is put upon the thing &c.  by reason of the addition of any word or clause as aforesaid, unless there be a value put upon the thing or things in the particular, upon which the contract is made; And it is further ordained, That if any purchaser or purchasers, or others, shall makeit appear unto the said Committee, any five or more of them, by proof upon oath, which the said Committee as aforesaid, are hereby authorized to administer, and likewise to sand for Parties, Writings, and Witnesses touching the premises, that the premises contracted for, or conveyed, are subject and liable unto any estate, charge, or encumbrance not mentioned in the Survey of the said premises, or that the premises were not the manors, Lands, Tenements, and Hereditaments of the said late Archbishops, or Bishops 
If any purchaser or other make it appear that the premises contracted for or conveyed, are subject to any encumbrance not mentioned in the Survey, or that the premises were not the Bishops Lands. ; That then the said Committee, or any five or more of them, are hereby authorized 
Then this Committee are to hear and determine the same and to certify their resolutions to the Contractors who are to make allowance of the same by way of reprise out of the moneys unpaid, and certify the same to the Trustees, who are to give Warrants to the Treasurers therefore.  to hear and examine the same, as aforesaid, and thereupon to determine the same, and to certify unto the said Contractors their resolution and determination of, and concerning the premises; And the said Contractors are hereby authorized to allow unto such purchaser or purchasers, by way of reprise out of his or their moneys unpaid, so much as the said estate, charge, or encumbrance, proved, as aforesaid, shall be valued at, and the same to certify to the Trustees, who shall issue out Warrant, or Warrants, to the Treasurers, to defaulke and allow the same unto such purchaser or purchasers; And where the said Contractors shall be certified as aforesaid, that the premises contracted for, or conveyed, were not the premises of the said late Archbishops, or Bishops, they shall and may, and are hereby authorized to discharge such purchaser or purchasers of his or their contract 
And the Contractors are to discharge the purchaser of this contract made for Lands which shall be so certified not to belong to the Bishop. ; And in case where any purchaser hath perfected his conveyance, if the said Committee as aforesaid do or shall certify the said Trustees, or any five or more of them, that the premises are not the manors, Lands, Tenements, and Hereditaments, of the said late Archbishops or Bishops; That then the said Trustees as aforesaid, shall issue out their Warrant to the Treasurers to repay such person or persons his or their moneys forthwith out of such moneys as are in Treasury 
And where the Purchaser in that case hath perfected this conveyance, the Trustees upon such certificate of this Committee) shall issue out Warrants to the Tresurers to repay the purchase money forthwith. , or out of the next moneys which shal come into the Treasury; And the said Warrant, together with the Receipt of the party, shall bee a good and sufficient discharge to the said Treasurers; And it is further ordained that if any doubt shall be made or arise upon any word or clause in this present Ordinance, or any other Ordinance of 
And if any doubt arise upon any word or clause of this on any other Ordinance touching the premises, the Trustees and other Officers are to proceed therein according to the determinaof this Committee therein.  Parliament, touching, and concerning the premises, by the said Trustees, Contractors, Treasurers, and other Officers, employed about, or concerning the said premises: The said Trustees, Contractors, Treasurers, and other Officers employed as aforesaid, are hereby authorized and enjoined to proceed therein according to the determination and direction of the said Committee, any five or more of them, any former Order or Ordinance of Parliament to the contrary notwithstanding; And what soever the said Committee, Trustees, Treasurers, and other Officers, or any of them, shall do in pursuance of this present Ordinance, they shall be saved harmless 
Actors upon this Ordinance to be saved harmless.  and indemnified by authority of Parliament.  


Joh. Brown clear. Pal.  
H. elsing clear. Parl. Dom. come.    
FINIS.