August 1654: An Ordinance for sale of Four Forests or Chases reserved for Collateral security to the Soldiers.

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.