Die Mercurii, 12 Februarii, 1667.
Order for keeping Streets clear.
ORDERED, That the Constables and other Officers
of Middlesex and Westminster concerned, do take
care, that from Eight of the Clock in the Morning till
Two in the Afternoon, being the usual Time of the
Meeting and Rising of this House, of Passage through
the Streets between Temple Bar and Westminster Hall,
be kept free and open; and that no Obstruction be made
by Cars, Drays, Carts, or otherwise, to hinder the Passage
of the Members to and from the House: And the Serjeant at Arms attending this House is to give Notice of
this Order: And it is referred to him, Mr. Newman,
and Mr. Bailes, Justices of the Peace, to see the Order
executed and performed.
State of Trade.
A Petition of Stephen Stringer, and other Clothiers,
Ordered, &c. That this Petition be referred to the
Committee, formerly appointed by Order of the 4th of
November last, for balancing Trade, preventing the Exportation of Wool, and other Matters thereby directed;
to take the Matter of this Petition into Consideration; and
to report it, with their Opinions, to the House: And Sir
Thomas Dyke, and Sir John Northcott, are added to
Escapes from London Sheriffs.
Mr. Vaughan reports from the Committee, to which
the Bill to indemnify the late Sheriffs of London, and
others, as to Escapes of Prisoners, was committed, some
Amendments to be made, and Clauses to be added, to the
Bill: Which he read, with the Coherence; and delivered
the same in at the Clerk's Table: And the Amendments,
being twice read, were, upon the Question, severally
Resolved, &c. That the Bill, with the Amendments
agreed to, be ingrossed.
Ordered, That the Committee to which the Petition
of Sir John Prettyman was committed, be revived; and
do sit To-morrow at Two of the Clock in the Afternoon:
And that Mr. Milward, Sir Wm. Terringham, Lord
Richardson, Sir Jo. Shawe, Sir Henry Capell, Mr. Luckin,
Sir Richard Browne, Mr. Gold, and Col. Reames, be
added to the Committee.
Mr. Harbord reports from the Committee, to which
the Matter touching the Forest of Deane, was committed,
the whole State of that Case, with several Votes and
Resolves of the Committee thereupon: Which Report,
Votes, and Resolves, were again read; and debated;
and are as followeth;
That his Majesty did, Anno 1638, issue out a Commission to divers Persons, to make a Survey of the Wood,
and Timber, and Soil, of the Forest of Deane: Whereby
it appears, that there were then within the Forest (besides
the Woodwardship of the Lea Baylye containing about
1,000 Acres) 105,557 Trees, containing 61,928 Tons of
Timber, and 150,808 Cords of Wood.
And, upon this Survey, Sir John Wintour did contract
with his late Majesty, that in Consideration of 16,000£.
per Annum to be paid to his Majesty for Six Years, for
the Timber and Wood; and of a Fee Farm Rent of 1,950£.
12s. 8d. of the Soil, payable to the Crown for ever.
And, in Anno 1639, obtained a Grant to him and his
Heirs accordingly, not only of all the Timber and Wood,
(excepting 15,000 Tons of Ship Timber reserved in the
King) but also of 18,000 Acres of the Soil of the said
Forest, containing in the Whole about 22,000 Acres, besides the said Lee Baylye; together with divers Powers, Privileges, and Immunities, directly contrary to the Purport
and Meaning of several Statutes of this Realm: Which said
18,000 Acres were set out by his Majesty's Surveyor General, and other Commissioners, upon Treaty and Agreement with some of the Commoners, leaving to them 4,000
Acres of the said Soil, for Common: And their Lands
were to be deforested, and all past Offences pardoned.
That Complaint being made of the Illegality and dangerous Consequences of this Grant, to the House of Commons, of the Beginning of the Parliament holden at Westminster, Anno 1640, upon a full Examination thereof,
as appears by their Journal, that the House did then
vote to this Effect, viz.
"First, That Sir John Wintour, in respect of his Recusancy, and not performing Conditions with the King,
is not fit to hold his Bargain of the Forest of Deane any
longer; especially the Bargain itself being disadvantageous
to the Commonwealth:"
"Secondly, That Sir John Wintour offers to surrender his Patent into the Hands of the Commissioners
for the Treasury, is fit to be accepted, and his Patent
"Thirdly, That the Commissioners be intreated to issue
a Commission for taking Sir John Wintour's Account, that
it may appear what Debts are owing between the King
and him, and Satisfaction made accordingly."
"Fourthly, That the Commissioners of the Treasury
be likewise desired to appoint Officers, for the disposing
of such Timber and Wood to the best Advantage of his
Majesty, as is now felled and will otherwise be spoiled."
But the Wars, coming then on, hindered the Performance of their Votes.
And it appears, that a Convention, sitting at Westminster in 1656, in the Time of Oliver Cromwell, did
re-assume the Consideration of that Forest; and, by an Act
of theirs, re-afforested the said Lands: Whereby it was
put into a very flourishing Condition, not only for a future
Growth of Ship Timber, but the Officer who was intrusted with the Care and Management thereof, out of the
very offal Wood raised a constant Revenue to the Publick of Three or Four thousand Pounds per Annum; and
so continued it till his Majesty's happy Restauration.
That, in the Convention of Parliament at his Majesty's happy Restauration, a Bill was brought in to the
House of Commons, for continuing the Forest in that
Condition, and to make a legal Settlement thereof, for
the Use of his Majesty: Which Bill was accordingly committed: Where Sir
John Wintour, claiming by virtue of
his Grant all the Timber and Wood, together with
18,000 Acres of the Soil, was required to state his Account: he offering, upon Satisfaction to relinquish his
Pretences, and to surrender his Patent; and demanded
a Debt, due to him, of 14,000£. only, and no more:
Which the then Committee thought fit to allow him: But,
before the Bill could pass, that Convention was dissolved.
In pursuance of which Offer, the late Lord Treasurer
did shortly after treat with Sir John Wintour, for the surrendering of his Grant: Whereto Sir John Wintour consented, upon Satisfaction to be given him: And, in order
to it, the Lord Treasurer referred his Account to some of
the Auditors of his Majesty's Exchequer, to be stated;
and in Part of Satisfaction of what was owing to him,
assigned him, in Iron, and Debts, the Sum of 4,300£.
the greatest Part whereof, if not all, Sir John Wintour
confesseth to have received.
But the Act of Indemnity being passed, and no Provision made to debar him of his Pretences to the Timber,
Wood, and Soil, became discharged of his Arrear of the
said Fee Farm Rent of 1,950£. 12s. 8d. per Ann. behind
and unpaid for about Twenty Years, amounting to 39,000£.
or thereabouts; and likewise of the said 16,000£. per Ann.
for the Wood; whereof Four Years, at least, was behind
and unpaid, amounting to 64,000£.; and the Total to
103,000£. Whereupon Sir John Wintour declined his said
Demands of 14,000£. as due to him, upon Account, by
the King; and insisted upon the Validity of his Letters
Patents; and then demanded (over and above the 4,300£.
delivered to him, in Iron and Debts) 30,000£.
That, to the end Satisfaction might be given him, a
Commission was issued out of his Majesty's Court of
Exchequer, about April 1662, to view and survey what
Quantity of Timber and Wood was then standing within
all the Parts of the Forest, excepting the said Lea Bayly:
And, upon an exact Survey made by the then Commissioners, there was then found the Number of 25,929
Oaks, and 4,204 Beeches; in all, 30,233 Trees; and
that these Trees did contain 121,572 Cords of Wood,
and 11,335 Tons of Ship Timber for the Navy.
That, upon Return of this Commission, Sir John
Wintour, by Treaty with the Lord Treasurer, about June
1662, did surrender his Patent of the Wood, Timber, and
Soil; and, in Compensation thereof, had granted by Letters Patents under the Great Seal of England, bearing
Date 13 Julii 14 of his now Majesty's Reign, all the
above-mentioned Trees containing 121,572 Cords of
Wood, worth, to be sold after the rates of that Country,
30,000£. together with the Use of his Majesty's Ironworks there, for the spending of the same; and also the
Use of the Mine and Cinders; which might reasonably
render the same (over and above all Charges) worth
60,000£.; and all 20,000 Cords of offal Wood, blown
down in the Lea Bayley, worth 6,000£; the King's Majesty only reserving to himself, out of all those Trees, the
said quantity of 11,335 Tons of Ship Timber, therein
computed, to be left for the Use of the Navy: And, for
the better securing the same from Spoil and Destruction,
Sir John Wintour covenants, that he will before every
Fellet give Notice to the Commissioners or Surveyors of
the Navy (then there resident) what is intended to be
felled, and when he intends to leave off; and that, for
every Ton of Timber, which shall fall short of the 11,335
Tons so reserved, Sir John Wintour shall be accountable,
and pay to his Majesty the Sum of 15s.
That, upon Complaint made to this House, Anno
1663, of the great Waste and Destruction of Timber,
which was then committed by Sir John Wintour, within
the Forest of Deane, the Consideration thereof was referred
to a Committee; as appears by the then Journals: And,
upon the Examination, and a Report thereof made, the
House did order that a present Stop should be put to any
further Felling or Cutting out of the Wood; and that a
Bill should be brought into the House for reassuming Sir
John Wintour's said last Grant, for settling the same in the
Crown forever: Which Bill was accordingly committed;
but the Parliament being prorogued before the Bill could
pass, the House of Commons recommended the Preservation of the Timber of that Forest to the late Lord Treasurer, and Chancellor of his Majesty's Exchequer.
That, notwithstanding his Recommendation, it appears, that of the said 30,233 Trees, returned by that
Survey to be then standing within the Forest, there are
not now above Two hundred left; and, of the said 11,335
Tons of Ship Timber, reserved to his Majesty, there hath
not been delivered to his Majesty's Officers above 1,100
That there are 3,500 Trees lying upon the Ground
in divers Parts of the Forest, as Sir John Wintour's Servants alledged; and that the same contain 9,600 Tons of
all Sorts of Timber: But the Persons employed by his
Majesty's Shipwright there, and who have viewed and
marked the Trees so lying on the Ground, do not estimate and compute the same to contain above 3,000 Tons
of all sorts of Timber; whereof not above one moiety
will be useful or fit for his Majesty's Navy.
That, in all probability, there will be wanting and fall
short, of the said 11,335 Tons of Ship Timber reserved
by his Majesty for the service of his Royal Navy, the
Quantity of 7 or 8,000 Tons; for every Ton whereof Sir
John Wintour must be accountable 15s.: for Security
whereof, his Majesty hath only a Covenant from Sir
That the Persons employed by his Majesty's Chief
Shipwright or Purveyor of the Navy there affirm, that
divers Pieces of Ship Timber, of great Lengths, marked
and sealed for the Navy, have, by Sir John Wintour's
Workmen, or the Workmen of those who claim under
him, been cut out, and converted into Cord-wood.
That several other great Wastes have been committed
of the Timber there by Sir John Wintour's Workmen, or
the Workmen of the Persons who claim under him: And,
though Complaint thereof hath been made; yet the same
hath, notwithstanding, been continued; and the Persons
who committed them have not been punished, nor
turned out of the Work.
That there hath been great Waste and Destruction
committed upon the Underwoods and Saplings within the
said Wastes (not granted to Sir Jo. Wintour) by the Wilfulness and Negligence of the Cutters, Carriers, and Corders, employed by the Persons who claim and enjoy the
Woods under him: That one of them did negligently set
on Fire some Furs or Bushes, which did burn or destroy
200 Acres of Underwood; and likewise 1,300 Cords of
Wood belonging to Sir John Wintour; though, in his last
Grant, he covenants with his Majesty, that his Workmen
shall be careful and circumspect to prevent Spoils of any
Kind by Coaling, &c. further or other than may consist
and stand with the Nature and Conveniency of such Actings and Employments; being thereby obliged to give
Satisfaction for such Damage.
That Sir John Wintour, after he had obtained his last
Grant of the Wood, did, at a publick Meeting, promise
divers Freeholders and Inhabitants who claim Right of
Estovers therein, that, if they would suffer him peaceably
to enjoy his last Grant, without claiming any of their
Estovers of Wood and Timber, he would never more
meddle or have to do with the Soil.
That, upon the said Sir John Wintour's Surrender of
his first Grant, all the said Soil of the Forest became the
King's Majesty's: And, in July 1665, the said Sir John
Wintour, not satisfied with all these great Advantages obtained of his Majesty, makes a new Contract with the
late Lord Treasurer, and Chancellor of his Majesty's Exchequer, by Warrant and Direction from his Majesty, to
make an Inclosure of 10,000 Acres of the said waste Soil
of the Forest, for and towards a Nursery of Ship Timber
there for the future, at his own proper Costs and Charges,
with such Mounds and Fences, as the said Treasurer, Lord
Commissioners of the Treasury, and Chancellor of his
Majesty's Exchequer, shall think sit: And that he will,
at his own Costs and Charges, purchase a certain Parcel
of Land, called Cannopp (containing about 1,100 Acres,
formerly Part of the Wastes of the Forest granted away
by his late Majesty, and lying near the Middle thereof)
before Trinity Term 1666, in case the same be to be
bought; or else will pay unto his Majesty the Sum of
1,500£. in lieu thereof: And that he will maintain and
justify his Majesty's Title, at his own proper Costs and
Charges, against all Persons who claim Right of Common
within the Forest, until a judicial Determination thereof
be made at a Justice Seat, or in some other of his Majesty's Courts of Judicature: And that he will, at his own
Costs and Charges, maintain the Mounds and Fences
thereof; and upon Notice from his Majesty's Officers,
repair any Breach which shall happen to be made therein;
with a Provision, nevertheless, if any of the Mounds and
Fences be riotously thrown down, and where his Majesty
may by the Statutes and Laws of this Realm have
Redress therein, then, till the same be raised again by his
Majesty's Officers, Sir John Wintour, nor his Security,
shall no ways be liable to it.
And that a Commission shall be issued out, for the
setting out, by Metes and Boundaries, the said 10,000
Acres intended for a Nursery; and afterwards, that Sir
John Wintour shall have such other Commission, Writs,
and Process, as he shall think fit, for the better Settling
and Securing the same: And, when the said 10,000 Acres
shall be so set out, bounded, and butted, his Majesty covenants to convey to Sir John Wintour and his Heirs for
ever, all the Residue of the Wastes (under the yearly Fee
Farm Rent of 20 s.) amounting to 8,000 Acres, over and
above the said Quantity of 1,100 Acres called Cannopp.
And that, presently after the setting out of the said
10,000 Acres, and before any of the intended Mounds or
Fences be made, Sir John Wintour is to have all the Wood
growing on the said 8,000 Acres, amounting to 4,340
Cords, valued at 1,000£. or more; giving Security, by
Recognizance of 2,000£. only to be answerable for the
Profits thereby arising, in case the Mounds and Fences be
not made, and other the Covenants performed according
He hath likewise granted unto him all Fines and Forfeitures arising by Breach of the Forest Laws, since his
Majesty's happy Restoration, to be imposed upon such as
shall not consent to the intended Improvement; and that
his Majesty will at any Time, upon the Request of Sir
John Wintour, cause a Justice Seat to be held or kept
there for that Purpose.
That Sir John Wintour hath, by these Articles, divers
great and vast Powers and Privileges, which were formerly granted unto him by his said first Grant, granted
him anew; viz. All Felons Goods, &c. with Power to
make Parks or Chaces, with free Warren and free Chace;
Power to make Parishes, to found Parochial Churches,
and endow them, the Incumbent to be incorporated by
Name of Rector, and to have Cure of Souls, the Patronage to be in him; to erect Markets; to be discharged from
Carriage of Timber for his Majesty; and that his Workmen or Servants shall be exempted from all Offices, and
Services upon Juries, for Ten Years.
That he hath Power to grub up the Saplings and
Underwood, and to convert the Wood, and the Soil, to
what Use he shall think fit, notwithstanding the beforementioned Statutes now in Force to the contrary.
That his Majesty will de-afforest the 4,000 Acres left
in Common to the Country, and make good such other
Conditions, as Sir John Wintour shall make with the
Country, for the better securing the intended Inclosure.
That Sir John Wintour, in order to compel the Commoners to submit to the Improvement of 10,000 Acres to
the said intended Nursery, according to the Purport and
Meaning of his said Articles, and to the Improvement of
8,000 Acres for himself; and to accept of 4,000 Acres, in
full Compensation and Discharge of the Right of Common
in the whole, hath, by threatening them with a Justice
Seat, to their utter Ruin forced divers of them to consent
That there are several Parishes, containing about
Twenty Manors, the Freeholders and Inhabitants whereof
claim Right of Common in the Wastes, and do lie within
the Perambulation of the said Forest.
That the Persons, intrusted by these Freeholders and
Inhabitants, as appears by a Letter of Attorney produced,
under the Hands of divers of them, admitted to be the
Owners of the major Part of the Lands and Tenements
whereto the Right of Common is claimed to belong, did,
by their Counsel, make out a Title, by Prescription and
Usage, proved by divers ancient Records and Depositions,
to Right of Common of Herbage, Panage, and Estovers,
within the said Wastes.
That, in the Third Year of the late King's Reign,
Sir John Wintour, Benedict Hall, and divers others of the
said Freeholders and Inhabitants, did exhibit their Bill of
Complaint in his Majesty's Court of Exchequer against
the then Attorney General, upon Denial of their Estovers;
setting out their Right of Common of Herbage, Panage,
and Estovers, within the Wastes of the said Forests; and
that they had from time to time enjoyed the same, according to the Rules and Limitations of the Forest Laws:
And, upon the Attorney General's Answer to their Bill,
had it allowed them; and a Decree for it accordingly.
That the said Freeholders, Inhabitants, and Commoners, have been and are very willing to comply with whatsoever shall be thought best for the Service of his Majesty
and the Publick, and ready to submit their just Rights
thereunto; but have and will always defend themselves
against all private Designs. And, to the end a Nursery
may be made for a future Growth of Ship Timber in the
Forest, the Soil whereof is so apt and fit for it, they presented the Committee the following Proposals.
"Proposals, by and on the Behalf of the Freeholders,
Inhabitants, and Commoners, within the Forest of
Deane, for the Preservation and Improvement of the
Growth of Timber there."
"Imprimis, That 11,000 Acres of the waste Soil of the
Forest of Deane, whereof the Lea Baily and Cannopp to
be Part of the said Waste, may be inclosed by his Majesty, and discharged for ever from all Manner of Pasture,
Estovers, and Panage; and, if ever his Majesty, or his
Successors, shall think fit to lay open any Part of the said
11,000 Acres, then to take in so much elsewhere, so as the
whole Inclosure exceed not at any one Time 11,000
"That all the Wood or Timber, which shall hereafter
grow upon the remaining 13,000 Acres, shall absolutely
belong to his Majesty, discharged from all Estovers for
ever, and Panage for Twenty Years next ensuing."
"That the whole waste Soil be re-afforested, and subject
to the Forest Laws; but that the Severity of the Forest
Laws be taken off from the Lands in Several belonging to
the Freeholders and Inhabitants within the said Forest;
they themselves being contented to serve his Majesty, according to their several Offices and Places, as formerly, at
the Forest Courts."
"That the Deer, to be kept on the said waste Soils,
may not exceed Eight hundred at any one time; and the
Fees which belong to the particular Officers, touching
Venison, may be preserved to them, as to Venison only,
and not to Wood and Trees.
"That it is consented to, that the Winter Heyning and
Fence Month, according to the Forest Law, being such
Times wherein no kind of Cattle be permitted to abide in
any Part of the said Waste, may be understood to be from
St. Martin's Day in the Winter, to St. George's Day in
April; and afterwards, from Fifteen Days before Midsummer, to Fifteen Days after."
"That all Grants of any Part of the waste Soil of the
said Forest be re-assumed, and made void; and that no
Part of the said Waste or Soil be aliened for ever from
the Crown, or farmed to any particular Person or Persons,
by Lease, or otherwise."
"And that this may be so settled by Act of Parliament;"
That the Committee, upon comparing the Articles
between his Majesty and Sir John Wintour, with the said
Proposals made by and on the Behalf of the said Freeholders and Inhabitants, who claim Right of Common
within the said Forest of Deane; and considering which of
them would most conduce and be fit for a present Growth
and Increase of Timber there, and preserve it for the future;
and also considering, that the said Freeholders and Inhabitants have always had and enjoyed a Right of Common of
Herbage, Panage, and Estovers there; together with the
great Number of Persons concerned therein, and the general Satisfaction of the said Freeholders and Inhabitants,
in case that any Part of the said Soil should be converted
to private Uses, the Whole being exceeding fit for Timber;
and the dangerous Consequences of granting such vast
Powers, as, at the Discretion of any private Person, to
exercise the Severity of Forest Laws, and to receive the
Benefit thereof to his own Use; and that, in case, when
the Mounds and Fences shall be made up, if they should
be riotously thrown down again, which is to be feared, the
same having been there done upon several former Improvements, and particularly Cannopp, which now continues
open and in common, the like may befal the intended
Nursery, and so it be laid open and Waste, though the
Crown part with Eight thousand Acres, and the Wood
thereupon growing, for doing thereof: And considering
the extraordinary Usefulness of this Forest, for Wood
and Timber, and how advantageous it will be to the
King and Kingdom, to have Eleven thousand Acres of
the Soil thereof converted to a Nursery for a future
Growth of Ship Timber, freed and discharged, by a general Consent of all Manner of Right of Common whatsoever; and also, how beneficial it will be to the Crown, to
have the Wood and Timber growing in the remaining
Thirteen thousand Acres, freed and discharged from
Common of Estovers for ever, and Panage for Twenty
Years; and that the making the Inclosure will not cost
above Fifteen hundred Pounds, with a Fence sufficient to
defend it from Spoil; and that the Buying of Cannopp will
cost but Fifteen hundred Pounds; amounting in all, but to
Three thousand Pounds: And that, as appears by a late
Survey, there are yet left divers Trees of Beech, Birch,
Hazle, Haythorn, and Holly, containing about Thirty
thousand Cords of Underwood, growing on the said
Wastes; which must be cut down, or else they will in a
great measure destroy any Plantation of younger Oaks
that shall arise there; many of which Trees, whereof his
Majesty makes no Benefit, may be cut down, and sold for
defraying the Charge of the said Inclosure and Improvement (they being now daily cut, and stolen away); and
considering what great Waste and Destruction hath been
hitherto committed in that Forest, and that Sir John
Wintour is, by the Articles, to have all the young Trees
and Wood upon the said Eight thousand Acres:
Resolved, &c. That this House doth agree with the
Committee, that, formerly, Sir John Wintour was a great
Occasion, and, since his Majesty's happy Restauration,
hath been the sole Occasion, of the Waste and Destruction
of the Timber within the Waste of the said Forest of
Resolved, &c. That this House doth agree with the
Committee that Sir John Wintour's Articles are impracticable, and come short of the Country's Offers, by One
thousand Acres to be for ever inclosed for a Nursery,
and also by his Majesty's retaining his Interest intire, in
all the rest of the waste Soil, freed from Common of
Estovers, and consisting of about Thirteen thousand
Acres, being the ancient Demesnes of the Crown: That
the Proposals made by and on the Behalf of the Freeholders
and Commoners, who claim Right of Common there, are
much more advantageous for the present Increase of Ship
Timber there, and the future Preservation thereof.
Resolved, &c. That this House doth agree with the
Committee, that a present Stop be put to the further
felling the few Trees that are left in the said Forest; and
from converting any of the Three thousand Five hundred
Trees, alledged by Sir John Wintour's Servants to be now
on the Ground, into Cord Wood.
Resolved, &c. That this House doth agree with the
Committee, that the Lords Commissioners of the Treasury
be desired forthwith to issue a Commission, to inquire
what Waste of Timber hath been committed within the
said Forest, and by what Means; and what will remain
due to his Majesty out of the Eleven thousand Three
hundred Thirty-five Tons of Timber; and that the Stock
of Wood and Coals be seized and secured for his Majesty's Satisfaction; and that present care be taken for
the Squaring out of such Timber; as shall appear fit for
his Majesty's Navy.
Ordered, &c. That it be referred to the said Committee,
forthwith to prepare and bring in a Bill upon these; and
such other Proposals as shall be made to them, upon the
Debates in the House; and to take care for the Inclosures
for Preservation of the Timber: And Mr. Vaughan is
added to the Committee; which is revived; and to sit
To-morrow in the Afternoon, in the Speaker's Chamber;
and to examine, what Waste or Destruction hath been
done by Sir John Wintour, or his Agents, to the Detriment of the King or Country; and to state the Case, as
to Sir John Wintour's Interest, to the House: And that the
Care of the Bill be recommended to Sir Charles Harbord.
And then the House adjourned till To-morrow
Morning Eight of the Clock.