December 1652: An Act for the exposing to Sale divers Castles, Houses, Parks, Lands and Hereditaments belonging to the late King, Queen or Prince, exempted from Sale by a former Act.

December, 1652.

[31 December, 1652.]

Several Houses and Lands of the Crown to be sold, for the use of the Navy. Hampton-Court. House-Park. Middle-Park. Bushy-Park.; Hide-Park.; Greenwich House.; Greenwich-Park and Castle.; Queens New buildings.; Little-Park.; Kings-Meadows. Cornbury-Park. Vaux-hall.; Somerset. House.; The premises vested in Trustees.; Their names.; Saving the right of others before 26 March 1641.; To be made appear before 1 February 1652.; 1 April 1652.

Be it Enacted by this present Parliament and the Authority thereof, That for Raising of Money for the Use of the Navy, the Mansion-house commonly called Hampton-Court, in the County of Middlesex, with the Barns, Stables, Out-houses, Gardens, Orchards, Yards, Court and Back-side, belonging unto, or used or enjoyed with the said Mansion-house; with the Park commonly called the House-Park, and the two other Parks there, the one called the Middle Park, and the other called Bushy-Park, at Hampton Court, within the said County of Middlesex; and the Hare-warren and the Meadows therewith used and enjoyed, and all other Lands, Woods and Timber thereunto belonging and yet unsold: All that Park commonly called Hide-Park, in the County of Middlesex, with all Houses, Woods and Perquisits thereunto belonging: And all that Mansion-house commonly called Greenwich-house, in the County of Kent, with all the Barns, Stables, Out-houses, Yards, Orchards, Gardens, Easements and Appurtenances thereunto belonging, and therewith usually enjoyed; And all that Park near or adjoyning to the said Mansion-house called Greenwich-Park, with the Castle therein, scituate in the said County of Kent; And all those Buildings commonly known by the name of the Queens New-buildings, and the Gardens, Orchards, Yards, Courts and Back-sides, belonging unto and now used and enjoyed with the said House in Greenwich aforesaid: And all that Park adjoyning to the Castle of Windsor, in the County of Berks, commonly called the Little-Park, together with all those Meadows unto the said Park adjoyning, commonly called the Kings-Meadows or Park-Meadows: The Park called Cornbury-Park, with the Appurtenances, in the County of Oxford: The House called Vawx-hall, in the County of Surrey, with the Grounds and Appurtenances thereunto belonging; and all Easements, Hereditaments and Appurtenances to the aforesaid premises and every of them belonging, or usually therewith enjoyed as part, parcel or member thereof, on the First day of April in the year of our Lord One thousand six hundred thirty and five, or at any time since, or for which the late King, Queen or Prince, or any or either of them have or hath been answered the Profits, or have otherwise received the same the day and year aforesaid, or at any time since: And all that House, with the Appurtenances, commonly called Somerset or Denmark-House, scituate in the Strand, in the said County of Middlesex, and all the Buildings and Out-houses thereunto adjoyning and appertaining, and now used with the same; and the Gardens, Orchards, Yards, Courts and Back-sides belonging unto and now used with the said House: All which Castles, Houses, Parks, Lands and Hereditaments, with all and singular their and every of their Appurtenances; Except the Liberty, Immunity and Priviledge of all Waters, Water-courses, Conduits, Pipes, Ponds, Sluces, Bays, Dams, or other Instruments and things now or heretofore used for the carrying or conveying of Water, in or through any the Houses, Lands or premises, are and shall be by Authority of this present Parliament, vested and setled, adjudged, deemed and taken to be in the Actual possession and seisin of Thomas Cook of Pedmarsh in the County of Essex Esq; William Bossevile Esq; John Sparrow of Gestrop in the County of Essex Esq; William Kenrick of in the County of Kent Esq; Ralph Harrison of the City of London Esq; William Scot of the Inner-Temple London Esq; William Steel Esq; Counsellor at Law, Thomas Hubbard of Moor-fields in the County of Middlesex Esq; Cornelius Cook of the Borough of Southwark Esq; John Hunt of London Gent. Sir Edward Barkham Baronet, Sir William Roberts, Thomas Airs Esq; John White Esq; James Stockal Esq; Edward Cresett Gent. Sir Richard Salstonstal Knight. Daniel Searl Merchant, Nicholas Lampriere Esq; Nicholas Bond Esq; Richard Sidenham Esq; and Robert Fenwick Esq; the Survivor and Survivors of them, their Heirs and Assigns for ever, under such Trusts and to such purposes onely, as are above-mentioned, and as shall be hereafter declared and expressed by Parliament: Saving to all and every person and persons, their Heirs, Executors and Administrators, Bodies Politique and Corporate, and their Successors, other then the said late King, Queen and Prince, their or any of their Heirs, Executors, Administrators and Successors, and all claiming by, from or under them or any of them, since the Six and twentieth day of March, in the year of our Lord One thousand six hundred forty and one, All Right, Title, Interest, Possession, Right in Law or Equity, Entries, Annuities, Commodities, Fees and other Profits, which they or any of them now have, and of right ought to have and enjoy, before the said Six and twentieth day of March, One thousand six hundred forty and one; so as such person or persons do make his or their Title in Law or Equity appear, at or before the First day of February, One thousand six hundred fifty and two, unto the Commissioners for removing of Obstructions named in one Act, Entituled, An Act for transferring the Powers of the Committees for Obstructions; which said Commissioners are hereby authorized and appointed Commissioners for removing of Obstructions in sale of any of the premises, and shall have the same Powers and Authorities, as any Committee or Commissioners for removing of Obstructions might or ought to have executed by vertue of any Ordinance or Act of this present Parliament.

Allowance to be made for offices.; Tenure.; Tythe free.

Provided also, That where any such person or persons do lawfully claim as aforesaid, any Right, Title or Interest of, in or to any of the Castles, Houses, Parks, Lands and Hereditaments, by vertue or in right of any Office thereunto belonging, the exercise whereof is now ceased, or by vertue of this Act shall cease to be further used, That in every such case, the Commissioners of Obstructions before-mentioned, or any five of them, shall in lieu and consideration thereof, make such allowance to every such person and persons, in some proportion, of the said Parks, Lands and Hereditaments, or in moneys to be raised by the sale thereof, as they shall adjudge reasonable, with regard had unto the value of their respective Interest; and that upon and in consideration of the said Allowances, the Right, Title and Interest of every such person and persons, their Heirs, Executors, Administrators and Assigns, shall cease and determine; and they and every of them shall be for ever hereby clearly concluded and debarred from making any further claim or demand thereunto. And the said Trustees and Contractors, their Heirs and Assigns, shall hold all and singular the Castles, Houses, Parks, Lands and premises, and every part thereof, as of the Manor or Seigniory of East-Greenwich, in Free and Common Socage, by Fealty onely; and likewise freed, acquitted and discharged, of and from payment of all maner of Tithes, as fully as the said late King, Queen or Prince, or any of them, did or might hold or enjoy, or ought to have held or enjoyed the same.

Surveyors Power.; 16 July 1649.; Trustees and Contractors power to sell, after ten days publique notice.; Conveyance how to be executed.

And be it further Enacted, That William Web and Silvanus Tailor, appointed by Authority of Parliament to survey the beforementioned premises, shall have the like Powers and Authorities as any the Surveyors in one 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, may or might have exercised: And the said Trustees and Contractors, or any five or more of them, shall and may, upon Return of any Survey of the premises or any part thereof, made and returned by the said William Web and Silvanus Tailor, and thereupon giving publique notice, by the space of Ten days, what part or parcel of the premises the said Trustees and Contractors, or any five or more of them, will then expose to Sale upon that day; who thereupon shall and may contract with any person or persons, Body Politique or Corporate, who will give most for the same, not selling any Land under Thirteen years value, and selling the Houses, Wood and Timber, at the best Advantage for the Commonwealth: And upon paying into the hands of the Treasurers in the last recited Act named, One moyety or more of the Purchase-money contracted for, within Twenty days after making the Contract; and securing the rest in such maner as the said Trustees and Contractors, or any five or more of them shall direct, to be paid within Three moneths after the said Contract made, the said Trustees and Contractors, or any five or more of them, shall make a Conveyance of Bargain and Sale thereof; which being sealed, executed and inrolled in the Chancery, shall, be good and effectual in Law to such Purchaser or Purchasers, their Heirs and Assigns for ever, according to the intent and purport thereof.

Penalty for purchasers not proceeding in their Contracts.

Provided, That if any Purchaser or Purchasers, after his or their Contract made, do or shall not proceed therein accordingly, that then the said Contract shall be void; and the said Purchaser or Purchasers shall forfeit the fourth part of the money contracted for, to the uses in this Act named, and shall have his or their Estates sequestred, by Warrant from the said Trustees and Contractors, or any five or more of them, until the said Fourth part of the money contracted for be paid unto the said Treasurers, who thereupon shall discharge the said Sequestration; And the said Trustees and Contractors, or any five or more of them, shall and may proceed with any other person or persons for the same.

The Treasurers to receive and issue out the moneys.

And be it further Enacted, That the said Treasurers, or any two of them, shall receive all such sums of money as shall be paid by vertue of this Act, and shall give Receipts or Acquittances for the same; and shall issue out all such moneys, in such maner as the Parliament or any Authority derived from them to that purpose, shall from time to time direct or appoint.

Register nominated.

And be it further Enacted, That Henry Colborn shall be Register, and shall and do execute all things as a Register may or might do by vertue of the last recited Act.

Council to be appointed.

And be it further Enacted, That the said Trustees and Contractors. or any five or more of them, shall and may appoint Council for the Commonwealth, and all other Officers necessary for the carrying on and expedition of the sale of the premises.

All Reversions, Remainders, Royalties, &c. of the premises vested in the Trustees.; Trustees and Contractors power to sell the same.; Their Conveyance to be good, notwithstanding any Fine or Recovery.; 32 Hen. 8.; 34 Hen. 8. Cap. 20.; Saving the right of others.

And be it further Enacted by the authority aforesaid, That all and every Reversion and Reversions, Remainder and Remainders of any Honors, Manors, Castles, Houses, Messuages, Chases, Parks, Lands, Tenements or Hereditaments, with their and every of their Appurtenances, and of all Royalties, Franchises, Priviledges and Immunities, to all and every of them belonging or appertaining, or therewith lawfully used, occupied or enjoyed, as part or parcel thereof, which were lawfully vested, setled, remaining or being in the said late King, as in Right of the Crown of England, or Dutchy of Lancaster, on the Six and twentieth day of March, in the year of our Lord God One thousand six hundred forty and one, or at any time since expectant upon any Estate Tail, are and shall be vested and setled in the Trustees and Contractors appointed by this Act, for the sale of the said other Lands herein before mentioned, their Heirs and Assigns, as the said other Lands are by vertue of this Act, and to and for the same uses; and shall be under the same Powers, Rules, Orders and Directions, as the said other Lands are by this Act: And that the said Trustees and Contractors, or any five or more of them, shall have the like power and authority, and are hereby authorized and required to contract for, bargain and sell (by Deed or Deeds, sealed and inrolled according to this Act) all and every the said Reversion and Reversions, Remainder or Remainders, to the respective Tenant or Tenants in Tail of any the premises (that shall desire to buy the same) coming in before the Eight and twentieth day of February, One thousand six hundred fifty and two, or to any person or persons, Bodies Politique or Corporate, that shall or will buy or purchase and give most for the same, at such values and prizes as the said Trustees and Contractors (or any five or more of them) shall think meet and convenient, for the best advantage of the Commonwealth: And that all and every such Contract, Bargain and Sale, Conveyance and Assurance, shall be good and effectual in Law, to all intents and purposes, to all and every such Purchaser and Purchasers, their Heirs and Assigns; and that they and every of them shall and may have, hold and enjoy, all and every the said Reversion and Reversions, Remainder and Remainders, in as large, ample and beneficial maner, as the said late King or Crown lawfully had or held, or might lawfully have had, held or enjoyed the same, Any Fine or Fines, Recovery or Recoveries, Conveyance or Assurance, or other Act or thing whatsoever had, made, levied, done or suffered, or to be had, made, levied, done or suffered, by any Tenant or Tenants in Tail in possession, not having the Reversion or Remainder in Fee-simple of the same premises, whereof such Fine or Recovery is so had; or by any other person or persons, by their or any of their assent, means or procurement (other then such Leases as have been or shall be made of all or any the premises, according to the Statute of the Two and thirtieth year of King Henry the Eighth, in that behalf made) in any wise notwithstanding. And that all and every such Fine or Fines, Recovery or Recoveries, Conveyance or Assurance, or other Act or thing, other then by such Tenant in Tail in Possession, not having the Reversion or Remainder in Fee-simple of the premises, whereof such Fine or Recovery is so had, shall be utterly void and of no effect, as well against the said Trustees, their Heirs and Assigns, as against all and every such Purchaser or Purchasers, their Heirs and Assigns, as the same should have been against the said late King, his Heirs and Successors or any of them, according to the Statute of the Four and thirtieth year of the said King Henry the Eighth, Cap. 20. concerning Recoveries against such Tenants in Tail, as if the said Reversion or Reversions, Remainder or Remainders, had continued, remained or been in the said late King or Crown, at the time of such Fine or Recovery or other Assurance; The said premises to be holden of the Manor of EastGreenwich, in Free and common Socage, by Fealty onely, and not otherwise: Saving to all and every person and persons, Bodies Politique and Corporate, other then the said late King, his Heirs and Successors, and all claiming from, by or under them or any of them, since the Twenty sixth day of March, One thousand six hundred forty and one, all Right, Title, Interest, Possession, Entries, Annuities, Commodities, Fees and other Profits, which they or any of them now have, or of right ought to have and enjoy, since the said Twenty sixth of March, One thousand six hundred forty and one.