Journal of the House of Commons: Volume 6, 1648-1651. Originally published by His Majesty's Stationery Office, London, 1802.
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Wednesday, the 30th of July, 1651.
MR. Garland reports from the Committee for removing of Obstructions.
The State of the Case of Sir John Bourchier, touching his Interest in Westmore, Parcel of the Forest of Gualtres in the County of Yorke; with the Opinion of that Committee thereupon.
IN pursuance of an Order of Parliament, of the Twelfth of July 1650, referring to this Committee the Petition of Sir John Bourchier Knight, a Member of Parliament; to examine the Truth of the Matters in the Petition; and to state and report the same, with their Opinions, to the House; we do humbly certify, That we have perused several Evidences and Writings, produced to us by Sir John Bourchier; and read, and considered of, a Certificate of the Trustees, Counsel for the Commonwealth in the Sale of the Lands of the late King's, &c. made by Order of this Committee, directing the said Counsel to state Matter of Fact upon Sir John Bourchier's Interest in the new Park in the Forest of Gaultres in the County of York: And have also heard Counsel for Sir John Bourchier.
Upon Examination of the Whole, we find, That Westmoore, in the late Forest of Gaultres, whereof Part lies in the new Park impaled by the late Earl of Stafford, is belonging to Beningbrough Grange, and is the Inheritance of Sir John Bourchier: That, by Letters Patents under the Great Seal of England, Sir John Bourchier hath granted, to him and his Heirs, Common for the Feeding of Three hundred Sheep and Sixty Head of Cattle, yearly, in that Forest.
That he is allowed also, to him and his Heirs, Fireboote, at Four-pence per Load, and Hedgeboote, for his ancient Hedges, out of that Forest: All which we find are confirmed and allowed unto Ralph Bourchier Esquire, and his Heirs, 22 Aprilis 5 Eliza. at one Justice Seat in Eyre, by the then Queen's Attorney General; and also, at another Justice Seat, 9 Octobris 22 Jacobi, confirmed and allowed by the Court, and his then Majesty's Attorney.
That Sir John, making Claim to his Land, by pulling down some of the Pales of the said new impaled Park, and by cutting down some Timber Trees, and putting in a few Sheep, was fined by the Council then established in the North, One thousand Seven hundred and Fifty Pounds, and imprisoned; for which Fine he was forced to give good Security, to pay it upon certain Days; and, for the not Paying of it, was sued by his then late Majesty's Attorney; and Eight hundred Pounds was decreed against him, with Costs and Damages; and Contempts followed against him: So that he was forced, to his great Prejudice, to make present Payment; or else he should again have been imprisoned.
It is the Opinion of this Committee, That the Lands called Westmore, in the new Park and out of the new Park, in the late Forest of Gaultres in the said County of York, be allowed and confirmed unto him, and his Heirs for ever, in Severalty, as belonging to Beningbrough Grange.
That, in Lieu and Satisfaction for all Common in and upon that Forest, which then did belong to his late Majesty; and for and in Consideration of the Hedgewood and Fireboote out of that Forest; and for and in Consideration and Satisfaction of his long, chargeable, and hard Imprisonment, and his Monies paid upon his Fine; and in Consideration of the Want of Westmore, and of such Common, Fireboote, and Hedgeboote, out of the said Forest these Nineteen Years last past; there be allowed unto Sir John Bourchier, out of the Estate of the late Earl of Strafford, Six thousand Pounds, he having been the chief and sole Cause of the said Sir John's Sufferings and Losses.
In regard whereof, the said Sir John Bourchier, in February 1640, petitioned unto the then House of Lords, for Relief, against the said Earl of Strafford, for his taking away his Inheritance in the said Forest of Gaultres, and for his unjust Imprisonment of him, and the Fine which was imposed upon him by the said Council of York; And, upon hearing the whole Matter, it was then thought fit, and so ordered the Eighteenth of March 1640, by the then Lords Spiritual and Temporal, in the High Court of Parliament assembled, That a provisional Order should be entered into the Journal Book of the House, on the behalf of Sir John Bourchier Knight: And that hereafter the King should be moved by the House, that his Majesty would be pleased to give his Royal Assent to a Bill in Parliament, to relieve Sir John Bourchier, and others, then Petitioners to their Lordships against the said Earl, if their Causes, upon due Tryal and Examination, should be found just and right, and if the said Earl should be convicted by Parliament: Upon which Order he hath received no Satisfaction hitherto.
A Certificate of the Council of the Trustees for Sale of the Lands of the late King, Queen, and Prince, was this Day read; viz.
To the Right Honourable the Committee of Parliament for Removing of Obstructions in the Sale of the Honours, &c. of the late King, Queen, and Prince.
IN pursuance of an Order of the said Committee, of the Twenty-eighth of August 1650, directing us to state Matter of Fact upon the Interest of Sir John Bourchier to the new Park in the Forest of Gualtres in the County of York; we do humbly certify.
That King Henry the VIIIth, by his Letters Patents, bearing Date 8 Februarii, in the Thirty-fifth Year of his Reign, thereby reciting, That Thomas Magnus Clerk, Master, or Governor of the House or Hospital of St. Leonard's, within the City of York (now dissolved), had and held, amongst other Things, for Term of his Life, a certain Grange called Beningburgh Grange, with all its Appurtenances, in the said County of York, to the said late Hospital belonging and appertaining, and all Lands, Tenements, Meadows, Feedings, Pastures, Woods, and Hereditaments whatsoever to the said Grange in anywise belonging or appertaining, did, in Consideration, and full Compensation, of Fifty-six Acres of Land, lying in the Parish of St. Pancras in the County of Middlesex, sold to the said late King, his Heirs and Successors, by John Banister, of London, Esquire, and of One hundred and Eighty Pounds Ten Shillings and Eight-pence, by the said John Banister paid to the said late King, give and grant, unto the said John Banister, the Reversion and Reversions of the aforesaid Grange called Beningburgh Grange, and of all other the said Premises in Beningborough and Newton, and in the Forest of Gualtres, or in any of them, in the said County of York, to the said late Hospital of St. Leonard's late belonging or appertaining, and all that Common of Pasture, and Pasture and Feeding, for Three hundred Sheep, and Sixty Cattle, within the said Forest of Gualtres, with all Houses, Edifices, Stables, Dove-houses, Gardens, Lands, Tenements, Meadows, Feedings, Commons, Wastes, Pastures, &c. and all other Profits, Commodities, and Hereditaments, with their Appurtenances, in Beningburgh, and Newton aforesaid, and in the said Forest of Gualtres, or elsewhere, in the said County to the said Grange called Beningburgh belonging, or with the same demised, placed, used, or occupied, in as large and ample manner, as the said Thomas Magnus, late Master of the said Hospital of St. Leonard's, or any other Master of the said Hospital, had the same, to have and to hold the said Grange and Premises to the said John Banister, his Heirs and Assigns, to be holden of the said late King; his Heirs and Successors, in Capite, by the Twentieth Part of one Knight's Fee, paying therefore yearly, after the Death of the said Thomas Magnus, Eight-andtwenty Shillings and Seven-pence.
Ralph Bourchier Esquire, Cousin and Heir of the said John Banister, at a Sessions held for the Forest of Gualtres, the Two-and-twentieth of April, 5 Eliz. did claim a Moor called Westmore, in the Forest of Gualtres, as Part of Beningbrough Grange, and also Common of Pasture for Three hundred Sheep, and Sixty Cattle, yearly, in the said Forest, and also convenient Firewood, at Four-pence per Load, in the said Forest, to be spent in the said Grange and convenient Hedge-boot for his ancient Hedges; which said several Claims the Queen's Attorney, at the said Justice Seat, faith he cannot deny, with a Salvo Jure Dominæ Reginæ, Hæredum et Successorum suorum, cum inde al' loqui voluerint; and the same were allowed by the Court at Two several Justices Seats, the said Grange and Premises lineally descended upon Sir John Bourchier, as Heir.
It is alledged, That the Lords and Freeholders, who had Lands adjoining to the said Forest, were moved by Sir Robert Heath, then Attorney General to the late King, to come to London, to treat with him concerning inclosing the said Forest; and that many came up accordingly, and assented thereunto, and were satisfied for their several Demands; and that thereupon the Earl of Strafford made a Park of Part of the said Forest, inclosing therein Part of the aforesaid Moor called Westmore: That by reason thereof; Sir John Bourchier could have no reasonable Satisfaction for the said Moor, Common of Pasture, Firewood, and Hedge-wood; but was vexed with many tedious Suits, to his great Charge and Trouble.
That, in Hil. Term, 7 Car. Regis, an Information was exhibited against Sir John Bourchier, for Intrusion upon the said Forest, and putting therein commonable, and not commonable, Cattle: Whereunto Sir John Bourchier answered; and thereby claimed the said Moor; Common of Pasture, Fire-wood and Hedge-wood.
It was decreed, by the full Consent of the then King's Attorney, on the late King's Behalf, and of Sir John Bourchier, being present in Court, for a final Peace, and full ample Satisfaction to be made to Sir John Bourchier, for all Claims and Demands in the said Forest, That Sir John Bourchier should have Ninety-five Acres of the said Westmore in the Forest of Gualtres, or in any other Part of the West which should lie nearest to the Lands of the said Sir John Bourchier within the said Forest, in full Satisfaction for all his Pretence of Title in Westmore, or elsewhere, in the said Forest, and for that Common and Pasturing which he claimed in the said Forest; the late King having Two Years Liberty to sell, and carry away, all the Woods and Trees growing of the said Ninety five Acres.
Sir John Bourchier alledgeth, That this Consent to the said Decree was wrested from him, and yielded unto, to free himself from Suits and Oppressions which he did then lie under, and feared he should after suffer and undergo; and for that he was promised more ample Satisfaction by the Earl of Strafford's Agents, and by the Barons of the Exchequer; which was not performed; and that he never reaped any Benefit by the said Decree.