Statutes of the Realm: Volume 7, 1695-1701. Originally published by Great Britain Record Commission, s.l, 1820.
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Recital of Grant by Letters Patent, under Seal of the Duchy of Lancaster, 21st Nov. 1683, of Honor and Manor of Tudbury, &c. to Rupert Browne and Samuel Boheme, and their Heirs;
and that the said Grant had been obtained at an under Value and by Surprize; and that by a Decree in Chancery, 2 Jac. II. the said Grant was decreed to be surrendered and cancelled, but that the same had not been done; The said Letters Patent declared void; and the said Honour, Manor and Premises vested in the Crown as Part of the Duchy of Lancaster.
Whereas the late King Charles the Second by Letters Patents under the Seale of the Dutchy of Lancaster bearing date the one and twentieth day of November One thousand six hundred eighty three and in the five and thirtieth yeare of his Reigne In Consideration of the Summe of Seaven thousand pounds to his said Majesty in hand paid by Rupert Browne Gentleman and Samuel Boheme Gentleman and of a Grant and Release by them procured to be made to his said Majesty of the Fee Simple and Inheritance of the Land and Ground whereupon the Fort of Sheerness had beene lately built and divers other Considerations therein mentioned Did give and grant unto the said Rupert Browne and Samuell Boheme and their Heires All that the Honour of Tudbury and all that the Mannor of Tudbury in the Counties of Darby Stafford Leicester Nottingham and Warwick or some or one of them and all that the Forrest and Chase of Needwood and the ground and soyle thereof and all those the severall Offices of High Steward of the said Honour of Tudbury Constable of the Castle and Lieutennant of the said Forrest and Bailiff of the New Liberty And also the severall Offices of Bailiff of the Castle and Mannor of Tudbury and of High Steward of the Lordshipp and Mannor of High Peake and likewise the Mannors and Lordshipps of High Peake and Worksworth and the Office of Steward of New Castle under Line and divers other Mannors Parks Lands Tenements Profitts of Courts and other Hereditaments together with all Woods and Underwoods standing and being upon the therein granted Premisses and all the Yearly and other Rents and Profits thereof To hold to the said Rupert Browne and Samuell Boheme their Heires and Assignes for ever And whereas the Honour Mannors Lands Woods and Premisses in the said Grant conteyned were of an excessive over value beyond the said Purchase Money and the said Grant was obteyned by surprize and in deceipt of the said late King and was passed with unusuall hast and dispatch It was by a Decree made in the Court of Chancery in the Second Yeare of the Reigne of the late King James the Second Ordered and Decreed that the said Letters Patents and Grant from his said late Majesty should be surrendered and yeilded up by the said Rupert Browne and Samuell Boheme to the end that the same might be cancelled and vacated and that the same should be cancelled and vacated accordingly And whereas since the said Decree the said Summe of Seaven thousand Pounds hath been repaid notwithstanding which the said Letters Patents and Grant have not been surrendred yielded upp cancelled or vacated Be it therefore enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spirituall and Temporall and Commons in this present Parliament assembled and by the Authority of the same That the before mentioned Letters Patents under the Seale of the Dutchy of Lancaster bearing date the one and twentieth Day of November One thousand six hundred eighty three and in the Five and thirtieth Yeare of the Reigne of the late King Charles the Second and all and every the Grants and Clauses therein contained shall be and are hereby enacted adjudged and declared to be void and null to all intents and purposes from the time of makeing and granting thereof as if the same had never bin made and granted and that all and every the Honors Mannors Offices Lands Tenements Services Rents Liberties and Hereditaments whatsoever therein mentioned shall be vested and are hereby declared to be vested in this present Majesty his Heires and Successors as part and parcell of the Dutchy of Lancaster And it is hereby enacted and declared that his said Majesty is and shall be lawfully seized thereof to him his heires and successors of such and the like Estate and in such manner forme and condition to all intents constructions and purposes as if the said Letters Patents had never been made.
II. All Letters Patent, &c. made by Car.II. and Jac. II. relating to the several Offices of the said Honour, &c. herein mentioned declared void.
Proviso for certain Keepers, and for certain Letters Patent granted by Car. II.
Provided and be it enacted that no Grant or Grants or Letters Patents whatsoever that were made or passed in the Reigne of King Charles the Second or in the Reigne of the late King James shall be of any force But shall be utterly void and of none Effect in relation to the Offices of Steward of the Honor of Tudbury Constable of the Castle Lieutennant or Ranger of the Forrest or Chase of Needwood and Keeper of the Parks Lodges Wards or any of them of in or belonging to the said Forrest or Chase of Needwood Saveing the Right of any Keepers that doe or shall clayme by lawfull Conveyances under any the said Letters Patents and have not forfeited their Offices or done or suffered any causes of forfeiture thereof by Nonuser Disuser Abuser or otherwise And saveing all Grants and Patents granted. by his said Majesty King Charles the Second in his Grants or Leases of such Parkes as have been disparked.
III. Divers Officers herein named, or any Five of them, of whom the Axebearer of the said Forest, or his Deputy, to be one, appointed Commissioners for setting out Wood already fallen and to be felled, if necessary, for Payment to Rupert Browne of £3,300 and Interest.
After such setting out by the said Commissioners; the Property of the said Wood vested in the said Rupert Browne, &c. with Liberty to the said Rupert Browne, &c. for 10 Years to enter and cut and carry away such Wood without rendering Account for the same; and to make Saw Pits, &c; and to dig Turf, and Sand for Coaling such Wood.
( (fn. 2) ) And forasmuch as the said Rupert Browne hath a legall Security upon the Premisses by a Mortgage for Payment of three thousand three hundred Pounds with Interest from the fourth of February One thousand six hundred eighty three Be it further enacted That Sir Walter Bagott Sir Michael Biddulph Henry Cavendish Esqr Axbearer of the said Forrest or Chase John Dixon his Deputy Sir Edward Cooke Barronett Lambert Bagott Esqr Henry Vernon junior Esqr William Cotton Esqr John Every Esqr Thomas Lane Esqr Nicholas Hurt Esqr John Hurd Gentleman John Adderly Gentleman John Haynes Gentleman Christopher Adams Gentleman and William Salt Gentleman or any five of them whereof the Axbearer or his Deputy for the time being to be one shall be and are hereby appointed Commissioners and shall be and are hereby authorized required and impowered from and after the five and twentyeth day of March which shall be in the Year of Our Lord One thousand six hundred ninety seven to mark appoint and sett out from time to time within the said Forrest or Chase of Needwood such Quantities of Wood already fallen as they shall appoint for and towards the raising and payment of the said Rupert Browne his Executors Administrators or Assigns, the said Su[m]me of three thousand three hundred Pounds with Interest att the rate of six Pounds per Cent. per Annum for the same And also to mark appoint and sett out from time to time in the said Forrest or Chase of Needwood such number of Trees and Wood (cutting no Ship Timber) as shall be of value sufficient to make up and raise unto and for the said Rupert Browne his Executors Administrators and Assignes so much of the said three thousand three hundred Pounds and Interest as shall fall short of being raised by the Woods already so fallen and to be sett out as aforesaid, and that from and after the said Wood and Trees shall be so sett out and appointed by the said Commissioners or any five or more of them as aforesaid the Property thereof shall immediately be and is hereby settled and vested in the said Rupert Brown his Executors Administrators and Assignes and that from thenceforth it shall and may be lawfull for and during the Space of ten Years to and for the said Rupert Browne his Executors Administrators and Assignes with his and their Workmen Servants Carts and Carriages to enter into and upon the said Forrest or Chase and to fell cutt coard coale carry away sell and dispose of the same or any of them from time to time att his and their free will and pleasure without any further or other Warrant or Authority or without any Account whatsoever to be rendred or given to his Majesty his heirs or successors or any other for or concerning the same, and that he the said Rupert Browne his Executors Administrators or Assignes shall have free liberty to dig or make so many Sawpitts in the said Forrest or Chase for the convenient cutting and sawing any part of the said Wood and Trees (taking care in due time to fill up the same again) as the said Commissioners or any five of them as aforesaid shall appoint and also to dig clodds turfe and sand within the said Forrest or Chase from time to time for the coaling such part of the said Wood so fallen or to be sett out and fallen as shall be judged fitt for that purpose by the said Commissioners or any five of them as aforesaid and not otherwise
IV. Proviso in case of Payment of the said £3,300 and Interest, by the Crown, to Rupert Browne, before 25th March 1697.
Provided allways that if the Kings Majesty his Heirs or Successors shall before the said twenty fifth day of March which shall be in the Year of our Lord One thousand six hundred ninety seven pay or cause to be payd unto the said Rupert Browne his Executors Administrators or Assignes the said Summe of three thousand three hundred pounds with all the Interest that shall be due to him his Executors or Administrators from the said fourth day of February which was in the year of our Lord One thousand six hundred eighty three that then the said Commissioners shall not mark sett out or appoint any Wood fallen or any Trees to be fallen out of the said, Forrest or Chase of Needwood for raysing or paying of the said Rupert Browne his Executors Administrators or Assignes the said sume of three thousand three hundred Pounds with Interest thereof.
V. On such Payment all Securities for the same to be assigned to the Crown or its Appointee.
And be it further enacted by the Authority aforesaid That upon payment of the said su[m]me of three thousand three hundred Pounds with Interest as aforesaid by the Kings Majesty his Heirs or Successors to the said Rupert Browne his Executors Administrators or Assignes that all Securities whatsoever whether reall or personall which he the said Rupert Browne hath for the payment of the said Mony from the said Edward Vernon his Executors or Administrators shall be assigned to the Kings Majesty his Heirs or Successors or to such person or persons as under his or their sign manuall shall be appointed.
VI. The said Honor and Manor, &c. not to be aliened from the Crown without the Consent of Parliament.
Such Alienation void.
Provided allwayes and it is hereby further enacted and declared by the Authority aforesaid That the Honor of Tudbury Forrest of Needwood severall Parkes Mannors Lands and other Proffitts thereunto belonging and by this Act mentioned to be revested in the Crowne shall not at any time hereafter be aliened from the Crowne of this Realme by his Majesty or any his Heires or Successors without Consent of Parliament and that all such Alienation of the same to any person or persons shall be and is hereby declared null and void to all intents and purposes whatsoever.
VII. General Saving.
( (fn. 3) ) Saveing unto all and every Person and Persons Bodies Politick and Corporate not claiming by or under the said Letters Patents enacted to be voyd as aforesaid all Commons Estovers Franchices Liberties Easements Priviledges Fees Profits and Commodities whatsoever that they formerly and customarily enjoyed and all such Right Title and Interest as they respectively had before the passing of this Act.