Statutes of the Realm: Volume 5, 1628-80. Originally published by Great Britain Record Commission, s.l, 1819.
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Recital of Scarcity of Timber.
Ten thousand Acres in the Forest of Dean to be enclosed; and also certain Grounds containing One thousand Acres; to be set out by virtue of His Majesty's Commission; as shall be judged most meet to produce Wood.; Boundaries to be returned into the Exchequer, and in closures to remain to the Crown in severalty.
Forasmuch as the Wood and Timber of the Crowne which of late yeares was of very great quantity and value within the Forest or late Forrest of Deane in the County of Gloucester is become totally destroyed excepting what is standing within the Woodwardship of the Lea-baily whereby there is an apparent scarcity of Timber there as in all other Parts of this Kingdome so that some course is necessary to be speedily taken to restore and p[re]serve the growth of Timber for the future supply of his Majesties Royal Navy and the maintenance of Shipping for the Trade of this Nation Be it enacted by the Kings most excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the authoritie of the same That ten thousand Acres parte of the Waste Lands of the said late Forest of Dean shall be inclosed and kept in severalty for the growth and p[re]servation of Timber And that it shall and may be lawfull to and for his Majesty his Heires and Successors forthwith to inclose sever and improve within and out of the parts or places of the Waste Lands of the said Forrest or late Forrest of Deane the whole containing by estimac[i]on about twenty three thousand Acres the full quantity of ten thousand Acres of Statute measure at sixteen foote [and (fn. 1) ] halfe to the Perch whereof the said Woodwardship of the Lea Baily containing about eleven hundred Acres to be part And alsoe the Grounds called by the several Names of C?nop Fellett Buckholt Beachinhurst and Moyry stock (containing about one thousand Acres heretofore granted to John Gibbon John Mansil and Ambrose Bavin some or one of them and now belonging unto or claimed by Banistree Mainard Esquire which added to the ten thousand Acres shall make up the full quantity of eleven thousand Acres to be inclosed as aforesaid) to be part the said eleven thousand Acres to be set out by vertue of his Majesties Commission to be directed to six or more such persons as his Majesty shall thinke fitt (whereof two which shall execute such Commission to be Justices of the Peace for the said County inhabiting neare the parts and places of the said Forrest) out of such part and places of the said Waste as shall be found or esteemed by the said Commissioners or any three of them to be most convenient to be inclosed and to be most apt and meet to produce Wood and Timber for the future benefits of the Kingdome and may be best spared from the use of the Commoners and High-wayes of the County) which said Inclosures shall be forthwith admeasured by a sworne Surveyor and set out and inclosed butted and bounded and the Quantities Buts and Boundaries thereof returned into his [Majesties (fn. 2) ] Court of Exchequer there to remain of Record for ever And the said Inclosures soe made and set out as aforesaid to remain in severalty in the actual possession of the Crowne for ever freed and discharged of and from all manner of Right Title and Pretence whatsoever (excepting of Fee Deer) according to the purport and intent of this present Act and shall be made and reputed a Nursery for Wood and Timber onely.
II. Commissioners may sell decayed Trees to make and maintain the said Inclosures, and for Satisfaction of Banistre Maynard.
And for defraying the charge of the said Inclosures to be made as aforesaid Be it further enacted by the authority aforesaid That the said Commissioners so to bee authorized as aforesaid or any six of them (whereof some Justices of the Peace for the said County inhabiting neare the parts of the said Forrest to be two) shall by sale of the decayed Trees of Beech Birch Hawthorne Hasle and Holley and other such like Trees not being Timber or that can ever prove Timber now standing or growing in or upon the Wastes within the said Forrest or late Forrest raise moneys for defraying the charge of making and maintaining the said Inclosures and alsoe for the satisfaction of the Claim or Interest of Banistree Mainard in the Lands aforesaid which are to be made part of the said quantity of Eleven thousand Acres as aforesaid in full satisfaction and recompence for the same
III. Lands to be inclosed within Two Years.
And it is hereby declared & enacted That the said Lands so set forth as aforesaid shall be fully and perfectly inclosed with sufficient Mounds and Fences according to the true intent and purport of this Act within two yeares after the Feast of St. George now next ensuing
IV. When and how much shall be laid open, and by what Authority.
As much shall be inclosed anew as hath been been so opened.; Wood directed to be felled to be first viewed and marked by the Justices; Certificate to the Treasury.; Cutting Wood contrary to this Act; Penalty.; No Fee Trees to be claimed; The usual Fees in Deer.
And it is hereby further enacted and declared that att all times hereafter whensoever the Lord Treasurer of England or Commissioners of the Treasury or Chancellor of the Exchequer for the time being shall att any time or times hereafter be satisfied and shall determine that the Woods and Trees which shall be growing on the said Eleven thousand Acres or any part thereof so to be inclosed as aforesaid are become past danger of the browsing of Deere Cattle or other prejudice and shall thinke fit to lay the same or any part thereof consisting of Five hundred Acres or more open and in Common shall cause the same to be soe done that then and soe often it shall and may be lawfull to and for the Kings Majesty his Heires and Successors from time to time to inclose in lieu of so much as shall be soe laid open out of the said Eleven thousand Acres the like quantity out of any other part of the residue of the said Wastes to be sett out by like Commission and Admeasurement as aforesaid and to be holden inclosed freed and discharged of and from all manner of Common Estovers Herbage or Pannage and other Rights excepting Fee Deere as aforesaid for soe long time as the same shall remain and continue inclosed according to the purport direction and intent of this present Act to be a Nursery for Timber as aforesaid instead of soe much as shall be laid open according to the direction aforesaid And whensoever any Wood or Timber shall att any time or times hereafter be directed to be fallen in any part of the Wastes of the said late Forrest inclosed or not inclosed the same shall be first viewed and allowed to be fallen by twoe or more of the Justices of the Peace for the said County unconcerned in the p[re]misses and shall not be cutt or fallen untill the same be viewed and allowed by such twoe or more Justices as fitt and convenient to be cutt and fallen and that the said Justices shall have marked with a broad Arrow and Crown that it may remain to be seen (as they are hereby required and impowered to do) so many and such Trees as are most fit to be p[re]served for growth for Timber upon every Acre intended to be fallen and alsoe shall have certified (as they are likewise hereby required to do) unto the Lord Treasurer or Lord Commissioners of the Treasury for the [time (fn. 3) ] being the names of the places and number of Trees soe viewed and allowed to be fallen and soe marked to be p[re]served as aforesaid And if any person or persons shall att any time or times hereafter either fell or cut downe any Wood or Trees upon the p[re]misses or any part thereof before such View Allowance and Certificate made thereof as aforesaid contrary to the true meaning of this present Act or shall after cut downe any of the said marked Trees without like allowance the person or persons so offending shall forfeit for every Tree so fallen the su[m]m of Twenty pounds to him or them who shall inform or sue for the same in any of his Majesties Courts of Record wherein no Essoyne Wager of Law or Protection shall be allowed to the Defendant And for further p[re]servation of the said Timber growing and to grow upon the p[re]misses no Officer or other person or persons whatsoever shall att any time hereafter have or claim any Fee Trees out of the said late Forrest upon any p[re]tence whatsoever but shall have and enjoye their usuall Fees in the Game of Deer of all parts of the said Wastes inclosed or not inclosed as formerly they have had Any thing in this Act to the contrary notwithstanding
V. Recital that the Forest Laws are beneficial.
And forasmuch as by former experience it hath been found that nothing did more conduce to the raising increase and preservation of Timber and Wood within the said Wastes then the execution of the Forrest Laws whilst the said Wastes were afforrested and kept under the reguard of the Forrest Be it therefore further enacted and declared by the authority aforesaid That aswell the said Eleven thousand Acres so to be inclosed as all other the Waste Lands aforesaid shall be and are hereby reafforrested and shall from henceforth be governed by Forrest Law and put under the reguard of the Forrest to the same effect and in the same manner to all intents and purposes as the same were in the Tenth yeare of the Reigne of the late King Charles of blessed memory And that all Articles or Agreements and all Grants and Charters made since the Tenth yeare of the Reigne of the late King Charles for or concerning the disafforresting the Three and twenty thousand Acres aforesaid or any part thereof and all the matters clauses and things therein contained relating to such disafforrestation shall be henceforth void so that the said Wastes and p[re]misses shall be for ever henceforth deemed and adjudged to be Forrest and to that end that new Elections shall be made for the and from time to time continued of all Verderors Reguarders and other Officers of and for the governing of the said Forrest according to the Forrest Law in that behalfe
VI. Estates granted out of Inclosures null and void.
And to the end the said Forrest and p[re]misses may be perpetually preserved and estated in the Crowne for publique use as aforesaid and may not be granted or disposed to any private use or benefit Be it further enacted That in case any person or persons whatsoever shall presume to take or shall obtain any Gift Grant Estate or Interest of or in the said Inclosures or Wastes or any Wood or Trees growing thereon or of or in any of the Mines or Quarries of or within the said Inclosures or any part thereof Every such Gift Grant Estate and Interest shall ipso facto be null and void and the person or persons so taking or obtaining the same shall be and is hereby made and declared utterly disable and uncapable to have hold or enjoy any such Gift Grant Estate or Interest
VII. The King may restore a Game of Deer, but not above eight hundred.
Provided alwaies nevertheles That for preventing the destruction of young Wood by overcharging the said Forrest with Deere It is declared and enacted by the authority aforesaid That in case his Majestie his Heires and Successors shall thinke fitt at any time hereafter to restore a Game of Deere within the said Forrest or Wastes the same shall not exceed the number of eight hundred Deer of all sorts at any one time there to be kept for his Majesties Game within the said Forrest
VIII. Proviso for Owners, Tenants, and Occupiers of Lands of the Forest, not being Part of the Inclosures, to cut and dispose of Timber, &c. and to manure and improve their Lands, and to hunt, &c.
And to the end some Recompense may be made to the persons whose right of Common and of Herbage within the said intended Inclosures is hereby taken from them for the necessary p[re]servation of the said Timber as aforesaid Be it further enacted and declared by the authority aforesaid That it shall and may be lawfull to and for all and every the Owners Tennants and Occupiers of any the several Lands (lying within the Metes Limits and Boundaries of the said Forrest not being part of the said waste Ground or Inclosures) theire Heires Executors & Administrators respectively from time to time and att any time or times hereafter to cut down and dispose of any the Timber Trees Woods or Under woods growing or which shall hereafter grow or be in or upon theire several and respective Lands (lying within the Boundaries aforesaid not being part of the said waste Ground as aforesaid) att theire owne wills and pleasures without the Licenses of any Justice in Eyre or his Deputy and without the License and View of any Officer of the said Forrest whatsoever and alsoe without incurring any Offence against the Forrest Law or any Forfeiture or Penalty touching the same and alsoe to manure and improve the said several Lands and Tenements by plowing assarting digging inclosing fencing or building upon the same att theire wills and pleasures and to keepe any sort of Dogs unexpeditated and to hunt and kill any Beast of Chase or other Game in or upon the said several Lands as if the same were not lying within the Bounds of any Forrest
IX. Former Offences remitted.
And it is enacted by the authority aforesaid That all Offences whatsoever heretofore committed or done by any person or persons whatsoever upon the said Lands lying within the said Boundaries aforesaid not within the Wastes of the said Forrest as aforesaid against any of the Lawes of the Forrest whatsoever shall be and are hereby wholly remitted and discharged
X. Pannage to be re-enjoyed after Michaelmas 1687; and when and in what manner all other Privileges.
Provided alwaies and it is hereby enacted and declared That all and every person and persons having any Right of Common of Pasture or of Pannage or any other Rights Fees Liberties or Priviledges within the said Forrest or any part thereof shall hold and enjoye the same in manner following (that is to say) Theire said Right of Pannage from and after the Feast of St. Michael the Archangel which shall be in the yeare of our Lord Christ One thousand six hundred eighty seven and not before and theire said Right of Common of Pasture and all other their said Fees Liberties and Priviledges in and through such of the said waste Ground and at such time and times as the same shall not be inclosed as aforesaid the time of the Fence moneth (that is to say) for fifteen dayes before and fifteen dayes after the Feast of St John the Baptist yearely and the time of the Winter heyning (that is to say) from the Eleventh day of November to the Three and twentieth day of Aprill yearely excepted under and subject to the Forrest Lawe in as ample manner as he or they or those under whom they or any of them might lawfully claime might have held or enjoyed the same in the Tenth yeare of the Reigne of the late King Charles This Act or any other thing to the contrary notwithstanding
XI. Proviso for the Inhabitants of St. Brerils to enjoy the Wood in Hudnals; and for the Rights of Miners;
Saving alsoe unto the Inhabitants of and in the Parish of St Brerills for the time being lying within the Boundaries of the said Forrest their lawfull Rights and Priviledges for the taking cutting and enjoying the Wood growing in a certaine place within the said Forrest called Hudnalls as fully and amply as if this Act had not been [had or (fn. 4) ] made and alsoe saving unto the Miners and persons using the Trade of Digging for Iron Oar Coal and Oker in the said Forrest theire lawfull Rights and Priviledges in all Lands and Grounds lying within the Perambulation and Reguard of the said Forrest other then the said Inclosures for the time they shall continue inclosed as fully and absolutely as if this Act had not been had or made
XII. and for Letters Patent to Sir John Wintour and others for certain Woods and Iron Works.
Provided neverthelesse That this Act nor any thing therein contained shall make void or null certaine Letters Patents granted by the Kings Majesty unto Sir John Wintour Knight Francis Finch and Robert Cleyton Esquires in or about the Thirtieth of July in the Fourteenth yeare of his now Majesties Reigne of certain Woods and Iron works in the Forrest of Dean for a certain term of yeares yet unexpired
XIII. And for Thomas Preston and, Dame Mary Stanhope.
Provided alwaies That no thing in this Act contained shall be deemed or construed to make void or p[re]judice a certaine Lease for yeares yet unexpired granted to Thomas Preston Esquire by ?res Patents under the Great Seal of certain Lands in the said Forrest of Dean called Great and Little Bradleys Pigslade Buckholt-moor and Stony grove now belonging to or claimed by Dame Mary Stanhope Relict of Charles Stanhop Esquire
XIV. Proviso for Maly-Scot and other Lands of Sir E. Villiers.
Provided alwaies and it is hereby declared That the Lands called or knowne by the Name of Mayly Scot and other Lands heretofore granted unto Sir Edward Villars Knight deceased and his Heires by tres Patents under the Great Seal of England bearing date the Eight and twentieth day of May in the first yeare of the Reigne of our late Soveraigne Lord King Charles the First shall not be accounted or esteemed any part of the Three and twenty thousand Acres which are to be inclosed or lie waste to the Commoners
XV. Proviso for Payment of £1,500 to Banistree Mainard.
Provided alwaies and be it enacted by the authority aforesaid That if the full and just sum of One thousand five hundred pounds shall not be paid unto the said Banistree Mainard his Heires or Assignes by the said mentioned Commissioners or some other person or persons by theire appointment for and in lieu of his Estate in the Lands called Cannop Fellet Buckholt Beechinhurst and Moyry Stocke on or before the Four and twentieth day of June in the yeare of our Lord One thousand six hundred sixty nine That then the said Banistree Maynard his Heires and Assignes shall and may have hold and enjoy all and every the said mentioned Lands in as full and ample manner as any of those persons from whom he claimed did ever enjoy the same or might have enjoyed the same by vertue of any Grant under the Great Seal of England made unto them of the p[re]misses Any thing in this p[re]sent Act to the contrary in any wise notwithstanding
XVI. How far the Metes and Bounds of the Forest shall extend.
Provided and be it further enacted by the authority aforesaid That the Metes and Boundaries of the said Forrest shall be for ever hereafter taken to extend to such Parishes and places only as were commonly used esteemed and taken to be within the Perambulac[i]on and Reguard of the said Forrest in the twentieth yeare of the Reigne of the late King James and not to any other Parishes or places whatsoever Any Judgement Ordinance Usage or Pretence whatsoever to the contrary notwithstanding
XVII. Proviso for Leases from the Crown, of Coal Mines and Grindstone Quarries.
Provided alwaies and be it futher enacted by the authority aforesaid That any Lease or Leases made or to be made by his Majesty His Heires or Successors to any person or persons whatsoever for any terme or termes of yeares not exceeding the terme of One and thirty yeares in possession of the Coalmines and Quarries of Grindeston in the said Forrest or any part thereof shall be of like force as if this Act had never been made Except of such Coalmines as are or shall be in any part of the Eleven thousand Acres allotted for his Majesties Inclosure and as shall continue inclosed.