August, 1654
[30 August, 1654.]
Forests of Needwood, Kingswood, Ashdown, and Sherwood, vested in Trustees.; Trustees names.; The Uses.
Whereas the several Forests or Chases hereafter particularly
mentioned, have been excepted in the late Act of Parliament,
made for the Deafforestation, Sale and Improvement of the Forests,
&c., and by the said Act reserved as Collateral security to the
Officers and Soldiers of the Army, whose arrears are yet unsatisfied: For the better satisfying of all such arrears due to all
Officers and Soldiers which were in service for the Commonwealth
on the Twenty fourth day of December, One thousand six
hundred forty seven, or which by any Ordinances or Act of
Parliament are comprehended within the security given to the
said Army; and also for the satisfying of the arrears of such other
persons as in this present Ordinance are hereafter named; and
for the Deafforestation, Sale and Improvement of the said several
Forests or Chases; and also that all persons who lawfully claim,
and of right ought to have or take Common of Pasture, Pannage.
Turbary, Estovers or other profits and advantages, upon or within
any of the said Forests or Chases, or upon or within any other
Chases or Parks heretofore belonging to the late King, Queen or
Prince, which have not been conveyed to any person or persons, or
for which the whole Purchase-money payable for the same, is not
yet satisfied; Be it Ordained by His Highness the Lord Protector
by and with the advice and consent of His Council, That the
Forest of Need-wood, otherwise called Need-wood-Chase, lying
and being in the County of Stafford and Derby, or either of
them; the Forest of Kingswood, otherwise called KingswoodChase in the County of Glocester; the Forest of Ashdown, with
the Inclosure or Park there, commonly called Lancaster great
Park, in the County of Sussex; and the Forest of Sherwood in
the Counties of Nottingham and Derby, or one of them, and all
Honors, Manors, Lands, Tenements and Hereditaments, within
the ordinary and usual Precincts Limits and Perambulations
of the said Forests and Chases, or any of them (as the said
Perambulations are limited by an Act of Parliament made in the
Seventeenth year of the late King Charls) heretofore belonging
to the late King Charls deceased, in the right of the Crown, or
Dutchy of Lancaster or otherwise, and which were in the actual
seisin of him, or of any of his Tenants, Agents, Servants, Trustees,
Officers or Ministers in his right, or for his use, on the Twenty
fifth of March, One thousand six hundred thirty five, and all
Royalties, Priviledges, Franchises, Immunities, Rights, Powers
and Jurisdictions whatsoever to the Premises belonging or
appertaining, or heretofore lawfully used, occupied or enjoyed
with or in the same, as fully and amply, to all intents and
purposes, as the same were so used, occupied and enjoyed by the
said late King, or by any other person or persons lawfully
claiming from, by or under him, shall be, and are hereby vested
in the real and actual possession and seisin of Thomas Cook of
Pedmarcsh in the County of Essex Esq; William Bosvile, John
Sparrow, William Kenwrick, Ralph Harrison, William Scot,
William Steel, Sylvanus Taylor, Thomas Hubbert and Cornelius
Cook, Esquires, the Survivors and Survivor of them, their Heirs
and Assigns, to the uses and purposes mentioned and comprehended in an Act of Parliament, Entituled, An Act of the
Commons in Parliament assembled, for sale of the Honors, Manors
and Lands heretofore belonging to the late King, Queen and Prince.
and to such other purposes as in this present Ordinance is mentioned and Ordained, to have and to hold the premises to them
and their Heirs and Assigns under the Trust in the said Act and
this present Ordinance declared, as of the Manor of East-Greenwich, in free and common Soccage by Fealty, for all services, as
fully freed and discharged from payment of all maner of Tythes
or other duties, as the said late King held or ought to have held
the same, saving to all and every person or persons, Bodies Politique and Corporate, their Heirs, Successors, Executors and
Administrators, other then the late King, his Heirs, and
Successors, and all claiming from, by or under him, to his use,
or in trust for him concerning onely such use or Trusts, all
Right, Title, Interest, Rights in Law and Equity, Annuities,
Commodities, Fees and other profits, which they or any of them
now have and ought to have enjoyed, or had right or title unto
before the Twenty fifth of March, One thousand six hundred
forty one other then by vertue or in right of the Custody of
any of the said Forests or Chases, or of any Office belonging
to them or any of them, the exercise whereof is now ceased, or
which by vertue hereof shall cease to be of further use.
Powers to contract and make sale.; Fees and Allowances to Trustees, Contractors, and other Officers.
And it is Declared and Ordained by the authority aforesaid,
That the said Trustees, or any four or more of them, Sir William
Roberts knight, and the rest of the surviving persons named and
enabled in the aforesaid Act, to contract with any person or
persons, Bodies Politique or Corporate, for the sale of the
premises, or any part thereof, in and by the said Act exposed to
sale, or any four or more of them, Thomas Andrews Alderman of
London, and others the Treasurers in the said Act named, or
any two or more of them, and all other Officers in the said Act
named and appointed, shall and are hereby enjoyned and
impowered (in all things relating to the sale of the premises
hereby vested and setled on the said Trustees) to observe, perform
and execute all such Rules, Instructions, Authorities and Powers
(saving what is herein and hereby limited, restrained, added or
altered) as the said Trustees, or any five or more of them, the
said Contractors, or any five or more of them, the said
Treasurers, or any two or more of them, or other the
Officers in the said Act named, in their respective places are
appointed, authorized and enjoyned to perform and execute, by
vertue of the said Act, or any Clause thereof, or by vertue of all
or any of the additional Acts made to the said Act, or of any other
Act or Ordinance of Parliament whereunto the said Act or
additional Acts, or any of them, do in any wise relate or refer;
And that the said Trustees, Contractors, Treasurers, and other
Officers in the said Act named, shall have such fees and allowances continued to them for the discharge of their respective
Trusts hereby reposed in them, and in such maner allowed and
paid to them and every of them (and shall be in all things relating to their said Trusts, secured and indempnified) as in and
by the said Act is declared and directed, and the Rents, Issues
Profits, and all other ready moneys already due or received, or
hereafter to be due or received, payable as well for any part of
the premises hereby exposed to sale, as for any part of the premises heretofore appointed to be sold by the forementioned Act
or additional Acts, or any of them (other then the Rents, Issues
and Profits, which shall by vertue of any Purchase made of any
part of the said premises, become due and payable to the respective Purchaser or Purchasers thereof, shall be equally and alike
applicable from time to time towards the payment and discharge
of the just and lawful dues of the respective persons beforementioned, and of all incident charges arising by reason of the
executing of the said Act or additional Acts, or of this Ordinance
or of any of them respectively.
Commissions shall issue for surveying the Forests herein named. Ordinance 21 Aug. 1654.
And be it further Ordained by the authority aforesaid, That
the like Commissions and Instructions, as by an Ordinance,
Entituled, An Ordinance appointing Commissioners to survey
the Forests, Honors, Lands, Tenements and Hereditaments
within the usual Limits and Perambulations of the same, heretofore belonging to late King, Queen and Prince, is Ordained and
directed, shall issue under the Great Seal, unto Commissioners
to be nominated by His Highness, for Surveying the Forests and
Chases in this Ordinance mentioned, as also of such Chases and
Parks, as being in the before-recited Act vested in the Trustees,
have not been proceeded upon, so as to the setting forth of proportions for the respective Interests claimed, or to be claimed in
all or any of them, and of all Honors, Manors, Lands, Tenements
and Hereditaments within the same, and with other the like
Powers, Authorities and Instructions in all things in reference to
to the premises, as is directed by the said Ordinance, as also after
the full execution of the said Powers, or sooner, if they shall be
required to certifie the Surveys of the respective Forests, Chases
and premises, and other their proceedings touching the same,
unto the Trustees in this Ordinance mentioned, or any four or
more of them, for the better execution of this Ordinance.
The Statute of 43 Eliz. 7. to be put in execution.; The Trustees shall have the power of Commissioners for removing Obstructions.
And be it likewise Ordained by the authority aforesaid, That
for the better preservation of all Woods and Under-woods, and of
all such Fences as are or shall be made within any the Forests,
Chases or premises aforesaid, or within any part thereof, the
Justices of Peace in each County where any part of the premises
so inclosed shall be or lie, do, and are hereby enjoyned to take
special care to put in execution the Statute made in the Forty
third year of Eliz. Chap. VII. for punishing of such as shall break,
cut or spoyl any Woods, Under-woods, Hedges or other Fences,
&c. and that the same be given in charge by the said Justices at
their several Quarter-Sessions of the Peace accordingly. And
it is also hereby further Ordained, That the Trustees beforementioned, or any four or more of them, shall have, use and exercise
like powers and authorities in order to the preventing of
all Wastes and Spoils which shall be made in or upon any
part of the premises comprehended in this Ordinance, and to
the punishing of all persons making such Waste or Spoyl
accordingly; as also to the compelling of all or any the Rents
and Profits issuing out of, or arising upon the premises, or any
part thereof, as any Committee or Commissioners for removing
of Obstructions in the sale of any Lands, Fee-farm Rents or
Hereditaments whatsoever, might or ought upon the Tenth of
December, One thousand six hundred fifty three, to have used
or exercised by force and vertue of any Act, Ordinance or Order
of Parliament, or otherwise.
Demeasn-Lands, or other profits, shall not pass by general words.;
How the charge of Surveying shall be defrayed.
And it is also Ordained, and hereby Declared, That no
Demeasn-Lands in Possession or Reversion, nor other Profits
and Advantages which have formerly been granted by Lease,
or by Letters Patents, for term of Lives or Years, under a Rent
reserved thereon, shall pass, or be construed to pass to any
person or persons whatsoever claiming the same, or any part
thereof, by vertue of any general words comprehended in
any Grant or Grants from the late King, Queen or Prince,
or from the Trustees, or any four, five or more of them, named
in the Act for sale of the Honors, Manors and Lands aforesaid,
unless the premises so claimed, be particularly mentioned in
the said Grant or Grants, and valued in the particular upon which
the said Grant or Grants have been grounded respectively,
but that all Sales heretofore made, or hereafter to be made (in
behalf of the Commonwealth) to any person or persons, shall
stand good, and the premises so sold (and paid for accordingly,
shall be held and enjoyed against all such Claims, by vertue of
any words of course, or general words whatsoever: And that the
said Trustees may the better be enabled to defray the charge of
Surveying, and other incident charges arising upon and about
the sale of the premises, Be it Ordained, and it is hereby Ordained,
That one third part in value (by estimation of the Surveyors) of
so much of the Chase, commonly called Enfield Chase in the
County of Middlesex (as after allowances made to the several
persons claiming interest therein, ought to be set forth for sale
and disposal, according to this present Ordinance) shall be sold
by the Contractors aforesaid, or any four or more of them, to any
person or persons whatsoever, who will purchase the same with
ready money, and no otherwise, at such rates (not abating of Ten
years Purchase for the Lands, nor of the gross value, as they shall
be respectively returned) as shall be agreed upon by them the
said Contractors and Purchasers respectively, which ready money
shall be paid unto the Treasurers, as all other ready money
payable upon Contracts is by the first mentioned Act appointed:
And the said Treasurers shall from time to time issue out the
said ready money by Warrant from the said Trustees, or any four
or more of them; which Warrants (as also such usual Conveyances
or Deeds, as (upon the payment of such moneys) any Purchaser
or Purchasers of any part or parcel of the said clear third part of
the said Chase shall desire) the said Trustees, or any four or
more of them, are hereby enabled, authorized and required to
make, grant and give accordingly.
Arrears to Col. Edward Montagu.; Arrears to Col. John Pickering.;
Edward Dendy.; Col. Richard Fortescu.; Major Anthony Markham.; Mr. Thomas Smalwood.; Major William Boteler.; Benjamin Norton, William Harrison, Thomas Talbot, Francis Bradbury.; Trustees to give Bonds for their arrears.
And it is further Ordained by the authority aforesaid, That
such sum and sums of money as are owing and in arrear to
Colonel Edward Montagu, as Colonel of a Regiment of Foot, and
Captain of a Company of Foot, lately under the Command of
Edward Earl of Manchester, and Thomas Lord Fairfax, according
to two several Accompts stated and signed, the one of the
Committee of Accompts sitting at Worcester-house, and dated
the Twentieth of October, One thousand six hundred forty nine;
and the other by John Blackwel Esquire, one of the Treasurers
at Wars, bearing date the Twenty second of February, One
thousand six hundred fifty three; and also all such sum and
sums of money as are owing and in arrear upon the Accompt of
Colonel John Pickering deceased, at the time of his death, for
his personal service, as Colonel of a Regiment of Foot, and
Captain of a Company of Foot, according to three Debentures,
one bearing date the Twenty sixth of September, One thousand
six hundred forty nine, stated and signed by the said Committee
of Accompts sitting at Worcester-house; and one other stated
and signed, by William Stane Esquire, Commissary General of
the Musters, and by two of the Commissioners of the Eastern
Association, being for his service under the said Earl of Manchester, to the Second of April, One thousand six hundred forty
five; and one other stated and signed by the said John Blackwel
Esquire, for his pay to the Twenty second of December, One
thousand six hundred forty five; and also the sum of Seven
hundred and eleven pounds. due to Edward Dendy Esquire, for
the arrears for his personal service in the Army; the sum of Two
thousand eight hundred seventy four pounds and nine shillings
to Colonel Richard Fortescu, for his arrears of pay, as an officer
in several Capacities in the Army, before the Thirtieth day of
April, One thousand six hundred forty eight, according to an
Accompt thereof, stated and certified by the Commissioners for
the County of Cornwal, according to an Ordinance of Parliament
of the Twenty fourth of December, One thousand six hundred
forty seven: The arrears due to Major Anthony Markham, for his
services under Colonel Disney, and Colonel Edward Rossiter;
The arrears of pay due to Master Thomas Smalwood, as Chaplain
to the Regiment of the Lord Fairfax, then Sir Thomas Fairfax
Knight, under the Command of Ferdinando Lord Fairfax, and
to a Regiment under Colonel Christopher Copley, and also to the
Regiment of Major General John Lambert; and likewise Four
hundred seventy four pounds twelve shillings and a peny, for
the arrears of pay due to Major William Boteler, as Captain of a
Troop of Horse in Colonel Lydcot's Regiment, unto the Twenty
sixth of March, One thousand six hundred forty five, as appeareth by the Accompt thereof stated and allowed; The arrears
due to Lieutenant Colonel Benjamin Norton, Captain William
Harrison, Captain Thomas Talbot, and to Major Francis
Bradbury, now due to his Relict, as the same are stated,
shall from henceforth stand and be charged upon the Forests,
Chases, Honors, Manors, Lands, Tenements and Hereditaments, with their Priviledges, Royalties and Appurtenances,
to this present Ordinance vested in the Trustees therein named;
And the said Trustees are hereby authorized, enjoyned and
required to give the like security by Bonds or otherwise, for the
said arrears, as they might or ought to have given to any other
person or persons, for any their arrears stated by vertue of a late
Act for the present examining and stating the Accompts of the
Officers and Soldiers now in the Parliaments service within this
Nation; And the said Trustees, and the Contractors, Treasurers,
and all other Officers and Ministers whom it doth or may concern,
are hereby authorized and required to allow, accept and pass the
said arrears secured by Bond, or otherwise as aforesaid, so stated
and certified as aforesaid, or any part of them, in payment for or
upon the Purchase or Purchases of any the premises vested as
aforesaid, as fully to all intents and purposes as they might or
ought to accept, allow and pass, any the arrears stated and
certified by vertue of the Act of Parliament last before mentioned
Any former Act, Order or Ordinance to the contrary of any
matter or thing herein contained notwithstanding.
Former Contracts shall be good.;
Fee-farm Rents, or other dry Rents conveyed to Purchasers, shall be enjoyed according to the Contracts.
And for the better quieting of Purchasers, their Heirs or
Assigns in their respective possessions, it is hereby further
Ordained and Declared, That all Honors, Manors, Lands, Tenements or Hereditaments, reputed to be or lye within the Bounds,
Limits, Precincts or Perambulations of any of the Forests late
belonging to the late King, Queen or Prince, which have (before
the passing of this Ordinance) been conveyed by the Trustees, or
any five or more of them, in the first recited Act mentioned, or
for which upon any Contract made with the Contractors in the
same Act named (or any five or more of them) the first moyety
or whole of the Purchase-money hath been paid and satisfied
upon payment of the remainder, shall be, and are hereby
confirmed and made good to the several Purchasers of all or any
such Honors, Manors, Lands, Tenements or Hereditaments
whatsoever, according to their respective Contract; And every
such Purchaser or Purchasers, his or their Heirs or Assigns respectively, shall accordingly have, hold and enjoy the respective
Lands and premises so purchased by him or them, against the
Commonwealth, and all other persons whatsoever claiming by,
from or under the same; And that all Fee-farm Rents, or other
dry Rents, formerly belonging to the late King, Queen or Prince,
which have been already conveyed to any Purchaser or Purchasers, as parcel of the Quit-Rents, Chief-Rents, or Rents of
Assize belonging to any Honors, Manors, or Lordships, by any
five or more of the Trustees in the first recited Act named, and
which have not before the Tenth day of March last, been sold
and fully paid for, by any person or persons pretending to
purchase the same, of the Trustees appointed for sale of all Feefarm Rents, Dry Rents, &c. shall according to their respective
Contracts, stand good, and are hereby confirmed to the several
and respective Purchasers, their Heirs and Assigns, unto whom
such Rents are already conveyed accordingly, Any Clause in this
Ordinance, or any former Act or Acts of Parliament to the conrary hereof notwithstanding.
Fines for making and clearing of Claims
And be it further Ordained by the authority aforesaid, That
all Right, Title or Interest, which any person or persons whatsoever, doth or shall pretend to have in any of the Honors, Manors,
Lands, Tenements and Hereditaments (exposed to sale by the
first recited Act) or any part or parcel thereof, which Right, Title
or Interest hath been doubtfully certified upon the Survey or
Surveys of the respective premises, and not cleared and allowed
within forty days after the return of such Survey or Surveys, or
otherwise, as by the said Act is required, all and every such
Right, Title and Interest, which hath not been, or shall not be
cleared and allowed as aforesaid, as to the premises already
surveyed, within four moneths from the passing of this Ordinance,
and as to so much of the premises as are yet unsurveyed, within
six moneths from the respective Returns of the Surveys thereof,
together with the Right Title and Interest of every such person
or persons, who have not made his or their Claims according to
the direction of the said Act, shall cease, determine and be utterly
void, and all and every such person or persons, their and every
of their Heirs and Assigns, shall be for ever excluded and debarred from making or renewing any Claim to any such part of
the premises respectively.