House of Commons Journal Volume 7: 22 November 1653

Tuesday, the 22d of November, 1653.

High Court of Justice.

RESOLVED, That the Act passed Yesterday, intituled, An Act for establishing an High Court of Justice, be forthwith printed and published; together with the several other Acts therein mentioned.

Assessments.

Resolved, That the Bill for the Assessments be read To-morrow Morning, the Third time.

Leicestershire Petition.

Resolved, That the Petition of Leicestershire be received on Saturday Morning.

Sale of Forests.

The House proceeded in the Debate upon the Bill for the De-afforestation, Sale, and Improvement of the Forests, and of the Honours, Manors, Tenements and Hereditaments within the usual Limits and Perambulations of the same, heretofore belonging to the late King, Queen, and Prince.

A Clause was tendered to this Bill, in these Words: "Provided, That whereas Joachim Mathews and John Brewster Esquires, Members of this present Parliament, have, by virtue of an Order thereof, dated the 9th of September 1653, assigned and set out One Acre of Ground in the Forest of Waltham in the County of Essex, within the Parish of Berking, whereupon to build an House for a Meeting-Place, for the publick Worship of God; which said structure is since built at the Costs and Charges of the said Inhabitants; Be it therefore Enacted, That the Trustees in this Act named, or any Four or more of them, shall assure and convey the said Acre of Ground, and Building thereupon: as also, One hundred Acres more, high adjoining to the said Meeting-Place; to Joachim Mathews, John Brewster, Thomas Cambell, Augustin Garland, Henry Ayscue, Thomas Preston, and Thomas Lake, their Heirs and Assigns, for ever, for the only Use and Encouragement of a godly Preaching Ministry there, out of that Proportion of Ground, which should be, by virtue of this Act, set out for the Use of the Lords of Manors and Commoners, within the said Parish of Barking, in the Forest of Waltham, in the County of Essex, aforesaid; any thing in this Act to the contrary in any wise notwithstanding: Which was read the First time; and, by Leave of the House, was withdrawn.

A Proviso was tendered to this Bill, in these Words; viz. "Provided, That nothing in this Act contained shall be deemed, construed, or taken, or shall extend to all or any Part of any the Lands, Hereditaments, or Appurtenances within the Manor or Forest of Macclefield, or the Precincts thereof, in the County of Chester, which at any time, have been surveyed and contracted for, as Part of the Inheritance of James late Earl of Derby, and have been sold by the Trustees named in an Act of the late Parliament made the 16th Day of July 1651, intituled, An Act for Sale of Lands and Estates forfeited to the Commonwealth for Treason: But to the end that the Purchaser or Purchasers of the said Lands and Premises may peaceably hold and enjoy the same, it is hereby Ordained and Enacted, That all the abovesaid Lands and Premises, purchased from the said Trustees, shall be and remain unto the said Purchaser or Purchasers, his or their Heirs and Assigns, for ever, freed and discharged of and from any Claim or Title of the Trustees in this Act named; and that the said Lands and Premises shall for ever be de-afforested, freed, and discharged of and from all Forests Laws, to all Intents and Purposes whatsoever, in such manner as the other Lands by this Act exposed to Sale are freed and discharged:" Which was read the First time; and laid aside.

A Proviso was tendered to this Bill, in these Words: "Provided always, That it shall and may be lawful to and for the said Trustees, or any Four of them, in every Bargain and Sale by them to be made and contracted for, according to this Act, to reserve in their Indenture of Bargain and Sale, out of every of the Premises which they shall bargain and sell to any Person or Persons, in pursuance of this Act, any Sum or Sums of Money in nature of a Rent-charge or Fee-farm Rent yearly to be paid, the same not exceeding Two-pence in the Pound, of the yearly Rent or Farm of the said Premises, so by them bargained and sold; the same to be paid to the Use of the Commonwealth, in such sort, and to such Persons, as the supreme Power of this Nation shall, from time to time, appoint the same to be paid unto: Which was read the First and Second time; and laid aside.

Another Proviso was tendered to this Bill, in these Words; "Provided, That, whereas Joachim Mathews and John Brewster Esquires, have, by virtue of an Order of Parliament, dated the 9th of September One thousand Six hundred Fifty-and-three, assigned and set out One Acre of Ground in the Forest of Waltham in the County of Essex, within the Parish of Barking, whereupon to build a House for a Meeting-Place, for the Publick Worship of God; which said Structure is since built at the Costs and Charges of the said Inhabitants; Be it therefore Enacted, That the Trustees in this Act mentioned, or any Four or more of them, shall assure and convey the said Acre of Ground, and Building thereupon, to the said Joachim Mathews and John Brewster, their Heirs and Assigns, for the Use and Encouragement of a godly Preaching Ministry there; any thing in this Act to the contrary notwithstanding: Which was read the First and Second time; and, upon the Question, agreed; and ordered to be Part of the Bill.

Another Proviso was offered to this Bill, in these Words; "Provided always, and be it Enacted, That this Act shall not extend to the Sale of the Forest of Rockingham in the County of Northampton, nor to any Part thereof, nor to the Honours, Lands, Manors, Tenements and Hereditaments within the usual Limits and Perambulations thereof:" Which was read the First and Second time.

The humble Petition of the Freeholders and Copyholders, Commoners and Inhabitants of the Forest of Rockingham in the County of Northampton, and of other Parts of Northampton, Huntingtonshire, Leicestershire, and Rutland, adjacent and surrounding the said Forests, was this Day read.

The Question being put; That this House doth agree with this Proviso;

It passed in the Negative.

Another Proviso was tendered for the Forest of Sawlcey, otherwise called Sawsey, within the Counties of Northampton, and Bucks: Which was read the First time.

And the Question being put, That this Proviso be read the Second time;

It passed in the Negative.

Another Proviso was tendered to this Bill, in these Words: "Provided always, and be it Enacted, and it is Enacted, by the Authority aforesaid, That the Sum of One thousand Six hundred Eighty-one Pounds Fifteen Shillings and Eight-pence due to George Wither Esquire, and charged upon the Grand Excise, in Course, by Ordinance of Parliament, the 22th of March 1647, together with the Interest allowed for the same, and charged upon Haberdashers-Hall, the 26th of April 1649, shall be admitted as so much Money in doubled Bills, for Purchase upon the Premises, at so many Years Purchase as is limited by this Act; the said George Wither, his Executors, Administrators, or Assigns, discharging the said former Security; and the said Trustees are hereby authorized to allow the same; any thing in this Act to the contrary, in any wise notwithstanding:" Which was read the First time; and laid aside.

The House resumed the Debate, upon the Clause read on Saturday last, offered be added to this Bill, in these Words, "and of the Brigade of Foot, raised within the County of Chester, for the late Engagement at Worcester:" Which was read the Second time; and, upon the Question, rejected.

Another Clause was tendered to this Bill in these Words, "And be it further Enacted, by the Authority aforesaid, That Anne Henshaw Widow be allowed the Sum of Eight thousand Pounds of a principal Debt due to her out of the great Customs of England: And that the said Anne, her Executors, Administrators and Assigns, be admitted to double her said Debt, with Interest; and shall have Satisfaction for the same, and for the said doubled Money, out of the said Forest Lands and Premises, in such manner, and as fully, as the late Farmers, or any other, are, by this Act, admitted to have; provided that she make her original Debt appear unto the Trustees appointed in this Act, and that she advance and pay her doubled Monies within the Time limited to the late Farmers of the Customs for their last Payment:" Which was read the First time.

The humble Petition of Anne Henshaw Widow, late Wife and Executrix of Benjamin Henshaw, and her Eight fatherless Children, was this Day read.

The Question being put, That this Clause be read the Second time;

The House was divided.

The Yeas went forth.

So it passed with the Negative.

Another Clause was tendered to this Bill, in these Words: "And be it Enacted, by this present Parliament, and the Authority thereof, That the Trustees in this Act named, or any of them, shall and may convey and assure, and are hereby required to convey and assure unto Matthias Valentine, Son of Benjamin Valentine, deceased, and the Heirs of the said Matthias, out of the Lands by this Act granted unto and settled upon the said Trustees, so much thereof as, at the Time of such Conveyance so to be made, shall be of the clear yearly Value of One hundred Pounds, over and above all Charges and Reprizes; which said One hundred Pounds by the Year, so conveyed, is and shall be in full Satisfaction of One hundred Pounds by the Year, granted or intended by the late Parliament unto the said Matthias Valentine, and his Heirs, by Order dated the 27th of August 1652: Which was twice read.

Resolved, That the Blank for the Quorum in this Proviso be filled up with "Four."

Resolved, That these Words be added to this Proviso; viz. "any thing in this Act contained to the contrary notwithstanding."

And the Proviso, so amended, being put to the Question, passed; and was ordered to be Part of the Bill.

And the Bill, with the said Proviso and Clause, was, upon the Question, passed; and ordered to be printed and published.