Journal of the House of Commons: Volume 8, 1660-1667. Originally published by His Majesty's Stationery Office, London, 1802.
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Die Veneris, 22 Maii, 15 Car. IIdi.
Leave of Absence.
Ordered, That the Countess of Peterborough, and Meredith Lloyd, her Lessee, and their Attornies, Agents, and Solicitors, be enjoined to stay all Proceedings at Law, upon an Action of Ejectment against Edward Pollard Gentleman, the Tenant to Sir Richard Onslow, and other Trustees of Henry Smith, deceased, for charitable Uses, touching the Manor of Southwick and Eastbrooke, and the Messuages and Lands thereunto belonging, in the County of Sussex, during the Session of this present Parliament.
Lord Strangford's Estate.
Resolved, &c. That the said Bill be committed to Sir Cha. Harbord, Mr. Wm. Mountague, Mr. Morice, Sir Rich. Oatley, Sir Tho. Allen, Mr. Harbord, Mr. Buller, Sir Edw. Masters, Sir John Brampston, Mr. Street, Mr. Hoby, Mr. Steward, Sir Cliff. Clifton, Sir Rich. Lloyd, Sir Phil. Warwick, Sir Hen. Wood, Sir John Birkenhead, Mr. Attorney of the Duchy, Lord Fanshaw, Mr. Westphaling, Mr. Waller, Sir Rich. Braham, Sir Tho. Tomkins, Colonel Robinson, Sir Edw. Walpoole, Sir Bain. Throckmorton, Mr. Clifford, Sir Sol. Swale, Mr. Wren, Sir Rich. Onslow, Mr. Allan Apsley, Mr. Daniell, Mr. Trevor, Mr. Chichley, Mr. Coventry, Mr. Kent, Mr. Oakley, Sir Rich. Francklyn, Mr. Whitaker, Sir Rich. Everard, Mr. Graham, Mr. Hatton, Mr. Finch, Sir Geo. Courthop, Sir John Coriton, Mr. Edw. Mountague, Sir John Low, Mr. Flint, Mr. Law. Hide, Sir Wm. Glascocke, Mr. Bulteele, and all the Members of this House that serve for the County of Kent: And they are to meet on Monday next, at Two of the Clock in the Afternoon, in the Speaker's Chamber; and to summon and hear all Parties concerned: And to send for Persons, Papers, and Records.
Sir Charles Harbord did this Day deliver in a Report of the Sub Committee, in Writing, touching Deane Forest; and the Grant of Sir John Wintour; by which he makes Claim to the Trees of the said Forest: Which Report was read, and was as followeth; viz.
Upon this Return he contracted with the late King, That in Consideration of * in Hand, as a Fine, and 16,000l. per Annum, for Six Years, payable at Michaelmas, and the Annunciation, for the Wood and Timber, and 8,000l. lent, to be repaid; and also a Fee Farm Rent of 1,950l. 12s. 8d. payable to the Crown for ever; upon these Considerations Sir John Wintour had granted him in 39, not only all the Timber, and Wood, excepting 15,000 Ton, reserved to the King; but also 18,000 Acres of Soil, set out by his Majesty's Surveyor General, and others, by Treaty, with some of the Country; which might, as appears by some of the Surveys, be estimated at 5 s. per Acre (which amounts to 4,500l. per Annum); and also Power to execute the Forest Laws, upon all Dissenters, in their own Lands; and to receive to himself, his Heirs, and Assigns, all such Fines, arising by the Forest Courts:
And also, all the Trees growing on the 4,000 Acres set out to the Country; and those standing on the Park of Whitemeade, containing near Three hundred Acres (the only thing the King reserved to himself, then, of the Soil):
The King reserving nothing to himself but the said 15,000 Tons: And upon this Condition; That what was short of that Proportion, should be made good by Sir John, at 9s. per Ton; or the King to take more at that Rate, if he pleased.
Upon Consideration of the Premises, the Committee may please to observe, that by this Return of 38, far short of that of 41, which (it seems, is not to be found), 46,928 Tons of Timber, over and above the 15,000 Tons, reserved for the Navy (which certainly was useful for the Navy, and some for lesser Vessels), was granted to Sir John Wintour.
2. How dangerous a Consequence it may be of, that any Subject should enjoy Privileges of so vast an Extent, as were passed in this Patent; as the Power of inflicting the Penalty of Forest Laws upon all Dissenters, for Trespasses committed upon their own Lands, &c.
The Second Patent hath no Consideration, but a Surrender of the former: And grants to Sir John Wintour all the Wood and Timber growing on the 18,000 Acres, excepting the Under-wood, and the Use of the King's Iron-works: Which said Wood and Timber, as appears by a Survey made 1662, amounts as followeth:
|The Number of Oaks||25,929.|
|The Number of Beaches||4,204.|
|In all||30,233 Trees.|
He had also granted him 10,000 Cord of Wood, which lay blown down in the Lea Baily; which was never within his Grant at all; with Power to cut down all the Trees aforesaid in Six Years; and to convert it into Coals; excepting the said 11,335 Tons of Timber; and, for what shall fall short, to allow 15s. per Ton: But his Lease is for Eleven Years.
And because there is no Care taken, that whensoever he makes any Falls, that he should clear that Place, to preserve the young Shoots; for Want whereof the Commissioners were of Opinion, that all the Saplings must be destroyed this Eleven Years, be his Men never so careful (which is directly against his Majesty's Intention to have it immediately made a Nursery for Timber and Wood); This sole Consideration makes the Sub Committee humbly of Opinion, That this Grant is not fit to be continued.
And upon Perusal of the Commission, and Return made the last Year, we find, that the Commissioners were positively of Opinion, and did advise his Majesty to reassume the Grant, and to take it into his own Hands; and do very particularly, in their Return, certify the yearly Profit will accrue to his Majesty; which, overand-above all Charges whatsoever, will amount unto,
|Profits of Dean Forest, if in his Majesty's Hands, clear above all Charges||6,257||5||4|
Resolved, &c. That it be referred to the same Committee for his Majesty's Revenue, to examine and state Sir John Wintour's Account, what is due to him, and what Recompence is fit to be given him, and by what Means it may be raised; and to make such Proposals for preserving the Timber, and providing Nurseries for Increase of Timber in the Forest of Deane, for the future, as they shall find necessary: and to certify how the 5,000£. per Annum may be raised, for a Revenue to his Majesty; and to expedite their Report therein to the House.
Bp. of Winchester's Leasing.
Mr. Speaker, The Lords have sent you a Bill to enable the Bishop of Winchester to lease out the Tenements now built upon the Scite of his Mansion House, in the Parish of St. Saviours in Southwarke in the County of Surrey; and the Two Parks and other Demesnes at Bishop's Waltham, and other Lands in the County of Southampton: To which they desire the Concurrence of this House: And