AN ORDINANCE For Sale of Four Forrests or Chases reserved for Collateral security to the Souldiers.
Whereas the several forrests or Chases hereafter particularly mentioned, have been excepted in the late Act of Parlament, made for the Deafforestation, Sale and Improvement of the Forrests, &c. and by the said Act reserved as Collateral security to the Officers & Souldiers of the Armie, whose Arrears are yet unsatisfied: for the better satisfying of all such Arrears due to all Officers and Souldiers which were in service for the Common-Wealth on the twentie fourth day of December, One thousand six hundred fourtie seven, or which by any Ordinances or Act of Parlament are comprehended within the securitie given to the said Armie, And also for the satisfying [Page 694] 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 Forrests or Chaces; And also that all persons who lawfully claim, and of right ought to have or take common of Pasture, Pannage, Turbarie, Estovers or other profits and advantages, upon or within any of the said Forrests or Chaces, or upon or within any other Chaces or Parks heretofore belonging to the late King, Queen or Prince, which have not been conveyed to any person or persons, or for the which the whole purchase money paiable for the same is not yet satisfied; Bee it Ordeined by his highness the Lord Protector, by and with the advice and consent of his Council, That the Forrest of Need wood, otherwise called Need-wood-Chase, lying and beeing in the Countie of Stafford and Derby, or either of them; The Forrest of Kingswood, otherwise called Kingswood Chase in the Countie of Glocester; The Forrest of Ashdowne, with the Inclosure or Park there, commonly called Lancaster great Park in the Countie of Suffex; And the Forrest of Sherwood in the Counties of Nottingham and Derby, or one of them, and all Honors, Manors, Lands, Tenements and Hereditaments, within the ordinarie and usual precincts, limits and perambulations of the said forrests and Chaces, or any of them (as the said perambulations are limited by an Act of Parlament made in the seventeenth year of the late King Charls, heretofore belonging to the late King Charls deceased, in the right [Page 695] of the Crown, or Dutchy of Lancaster or otherwise, and which were in the actual serzin of him or of any of his Tenants, Agents, Servants, Trustees, Officers or Ministers in his right, or for his use, on the twenty fift of March, One thousand six hundred thirtie five, and all Royalties, Privileges, Franchises, Immunities, Rights, Powers, and Iurisdictions whatsoever to the premisses belonging or appertaining, or heretofore lawfully used, occupied or injoyed 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 bee, and are hereby vested in the real and actual possession and seizin of Thomas Cook of Pedmarsh in the County of Essex, Esq William Bolvire, John Sparrow, William Kenwrick, Ralph Harrison, William Scott, William, Steele, Sylvanus Taylor, Thomas Hubbert, and Cornelius Cooke, Esquires, the survivors and survivor of them, their heirs and assigns, to the uses and purposes mentioned and comprehended in an an Act of Parlament, Intituled, An Act of the Commons in Parlament assembled, for sale of the Honors, Manors, and Lands hereto fore belonging to the late King, Queen and Prince, and to such other purposes as in this present Ordinance is mentioned and ordeind, to have and to hold the premisses to them and their heirs and assigns, under the trust in the said Act and this present Ordinance declared, as of the Manor of Estgr [...]wich in free and common soccage by fealtie, for all services, as fully [Page 696] freed and discharged from payment of all manner 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 politick & corporate, their heirs successors, executors, and administrators, other than the late King his heirs and surcessors, and all claiming from, by, or under him, to his use; or in trust for him concerning onely such use or Trustes, all Right, Title, Interest, Rights in Law and Equitie, Annuities, Commodities, sees, and other profits, which they or any of them now have and ought to have enjoyed, or had right or title unto before the twentie fift of March, One thousand six hundred fourtie one, other than by virtue or in right of the Custody of any of the said Forrests or Chaces, or of any office belonging to them or any of them, the exercise whereof is now ceased, or which by virtue hereof shall ceas to bee of further use.
And it is Declared and Ordein'd by the Authoritie 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 politick or corporate, for sale of the premisses, or any part thereof, in and by the said Act exposed to sale, or any four or more of them, Thomas Andrews Alderinan 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 [Page 697] hereby enjoined and impowred (in all things relating to the sale of the premisses hereby vested and settled on the said Trustees) to observ, perform and execute all such Rules, Instructions, Authorities and powers (saving what is herein and hereby limited, restraind, 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 enjoined to perform and execute, by virtue of the said Act, or any Claus thereof or by virtue of all or any of the additional Acts made to the said Act, or of any other Act or Ordinance of Parlament 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 manner allowed and paid to them and every of them (and shall bee 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 monies already due, or received, or hereafter to bee due, or received, payable aswel for any part of the premisses hereby exposed to sale, as for any part of the premisses heretofore appointed to bee sold by the fore-mentioned Act or additional [Page 698] Acts, or any of them (other than the Rents, Issues and Profits which shall by virtue of any Purchase made of any part of the said premisses. becom due and payable to the respective Purchasor or Purchasors thereof, shall bee equally and alike applicable from time to time towards the paiment and discharge of the just and lawful Dues of the respective Persons before mentioned, 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. And bee it further Ordeind by the authoritie aforesaid, That the like Commissions and Instructions as by an Ordinance Entituled, An Ordinance appointing Commissioners to survey the Forests, Honors, Mannors, Lands, Tenements and Hereditaments within the usual limits and perambulations of the same, heretofore belonging to the late King, Queen and Prince, is Ordeined and directed shall Issue under the great Seal unto Commissioners to bee nominated by his Highness for Surveying the Forrests and Chaces in this Ordinance mentioned, as also of such Chaces and Parks as beeing 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 claim'd, or to bee claim'd in all or any of them, and of all Honors, Mannors, Lands, Tenements and Hereditaments within the same, and with other the like Powers, Authorities and Instructions in all things in reference to the premisses as is directed by the said Ordiance, as also [Page 699] after the full Execution of the said Powers, or sooner if they shall bee required to certifie the Surveys of the respective Forrests, Chaces & Premisses, and other their proceedings touching the same unto the Trustees in this Ordinance mention'd, or any four or more of them, for the better execution of this Ordinance. And hee it likewise Ordeind by the authoritie aforesaid, That for the better preservation of all Woods and Underwoods, and of all such Fences as are or shall bee made within any the Forrests, Chaces or premisses aforesaid, or within any part thereof, The Iustices of Peace in each Countie where any part of the premisses so inclosed shall bee or lie, do and are hereby enjoined to take special care to put in execution the Statute made in the fourtie third year of Ehz. Chap. VII. for punishing of such as shall break, cut, or spoil any Woods, Underwoods, Hedges, or other Fences, &c. and that the same be given in charge by the said Iustices at their several Quarter Sessions of the Peace accordingly. And it is also hereby further Ordein'd, That the Trustees beforenamed, or any four or more of them, shall have, use, and exercise like powers and authorities in order to the preventing of all Wasts and Spoils which shall bee made in or upon any part of the premisses comprehended in this Ordinance, & to the punishing of all Persons making such Waste or Spoil accordingly, as also to the compelling of all or any the Rents and Profits issuing out of, or arising upon the premisses, or any part thereof, as any Committee or Commissioner for [Page 700] removing of obstructions in the sale of any Lands, Fee farm Rents or Hereditaments whatsoever, might or ought upon the Tenth day of December One Thousand Six Hundred Fiftie three, to have used or exercised by force and virtue of any Act, Ordinance or Order of Parlament, or otherwise; And it is also Ordein'd and hereby declared, That no Demeasne Lands in possession or Reversion, nor other profits and advantages which have formerly been granted by Leaf, or by Letters Patents, for Term of Lives or Years, under a Rent reserved thereon, shall pass or bee construed to pass to any Person or Persons whatsoever claiming the same, or any part thereof, by virtue 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, Mannors and Lands aforesaid, unless the premisses 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 bee made (in behalf of the Common-wealth) to any person or persons, shall stand good, and the premisses so sold (and paid for accordingly) shall bee held and enjoied against all such Claims by virtue of any Words of Cours or general Words whatsoever; And that the said Trustees may the better bee enabled to defray the charge of surveying, and other incident charges arising upon and [Page 701] about the sale of the premisses: Bee it Ordeined, and it is hereby Ordeined, That one third part in value (by estimation of the Surveyors) of so much of the Chace, commonly called Enfield Chace in the County of Middlesex (as after allowances made to the several persons claiming interest therein, ought to bee set forth for sale and disposal according to this present Ordinance) shall bee sold by the Contractors aforesaid, or any four or more of them, to any person or persons whatsoever, who will purchase the same with readie 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 bee agreed upon by them the said Contractors and Purchasors respectively; which ready money shall bee 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 Purchasor or Purchasors, of any part or parcel of the said clear third part of the said Chace shall desire;) The said Trustees, or any four or more of them, are hereby enabled, authorized and required to make, grant, and give accordingly: And it is further Ordeined by the authority aforesaid, That such summe and summes of money as are owing and in arrear to Col. [Page 702] 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 sign [...]d; the one of the Committee of Accompts sitting at Worcester-hous and dated the twentieth of October, One thousand six hundred fourtie nine; and the other by John Blackwell, Esq one of the Treasurors at Wars, bearing date the twentie second of February, One thousand six hundred fiftie three; And also all such summe and summes of money as are owing and in arrear upon the Accompt of Col. 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 Deventures, one bearing date the twentie sixth of September, One thousand six hundred fourtie nine, stated and signed by the said Committee of Accompts sitting at Worcesterhous; and one other stated and signed by William Stane, Esq Commissary General of the Musters, and by two of the Commissioners of the Eastern Association, beeing for his service under the said Earl of Manchester, to the second of April, One thousand six hundred fourty five; And one other stated and sign'd by the said John Blackwell, Esquire, for his pay to the twentie second of December, One thousand six hundred fourtie five; and also the summe of seven hundred and eleven pounds, due to Edw. Dendy, Esq for the arrears for his personal service in the Armie, the summe of two thousand eight hundred [Page 703] seventy four pounds and nine shillings; to Col. Richard Forrescue, for his arrears of pay, as an officer in several Capacities in the Armie, before the thirtieth day of April, One thousand six hundred fourtie eight, according to an accompt thereof, stated and certified by the Commissioners for the Countie of Cornwall, according to an Ordinance of Parlament of the twentie fourth of December, One thousand six hundred fourtie seven: The arrears due to Major Anthony Markham, for his services under Colonel Disney, and Colonel Edw. Rossker; The arrears of pay due to Mr Thomas Smalwood, as Chaplain to the Regiment of the Lord Fairfax, then Six Thomas Fairfax, Knight, under the Command of Ferdinando Lord Fairfax; and to a Regiment under Colonel Christopher Copley, and also to the Regiment of Maj. General John Lambert; And likewise four hundred seventie four pounds twelv shillings and a penny, for the arrears of pay due to Major William Boteler, as Captain of a Troop of hors in Col. Lydcot's Regiment, unto the twentie sixth of March, One thousand six hundred fourtie five, as appeareth by the Account thereof stated and allowed; The arrear due to Liebt. Col. Benjamin Norton, Captain William Harrison, Captain Thomas Talbot, and to Maj. Francis Bradbury, now due to his Relict, as the same are stated, shall from hence forth stand and bee charged upon the forrests, Chases, Honors, Manors, Lands, Tenements, and Hereditaments, with their privileges, Royalties, and appurtenantes, by this present Ordinance vested in the Trustees [Page 704] therein named; And the said Trustees are hereby authorized, enjoyned, and required to give the like securitie by Bonds or therwise, for the said Arrears, as they might or ought to have given to any other person or persons, for any their Arrears stated by virtue of a late Act for the present examining & stating the Accompts of the Officers and Souldiers now in the Parlament's 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 premisses 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 virtue of the Act of Parlament last before mentioned, any former Act, Order, or Ordinance to the contrarie of any matter or thing herein conteined notwithstanding; And for the better quieting of Purchasors, their heirs or assigns in their respective possessions; It is hereby further Ordeined and Declared, That all Honors; Manors, Lands, Tenements or Hereditaments, reputed to bee or lye within the bounds, limits, precints, or perambulations of any of the Forrests, late belonging to the late King, Queen, or Prince, which have (before the the passing of this Ordinance) been conveyed [Page 705] by the Trustees, or any five, or more of them, in the first recited Act mention'd, or for which upon any Contract made with the Contractors in the same Act named (or any five or more of them) the first moiety or whole of the purchase monie hath been paid and satisfied upon paiment of the Remainder, shall bee and are hereby confirmed and made good to the several Purchasors of all or any such Honors, Manors, Lands, Tenements or Hereditaments whatsoever, according to their respective Contract; And every such Purchasor or Purchasors, his or their heirs or Assigns respectively, shall accordingly have, hold and enjoy the respective Lands and premisses so purchased, by him or them, against the Common-Wealth, and all other persons whatsoever claiming by, from, or under the same; And that all Fee-farm Rents, or other drie Rents, formerly belonging to the late King, Queen or Prince, which have been already conveyed to any Purchasor or Purchasors, 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 Fee-farm Rents, Drie Rents, &c. shall, according to their respecive Contracts, stand good, and are hereby confirmed to the several and respective Purchasors, their Heirs and Assigns, unto whom such Rents are already conveyed accordingly, [Page 706] any Claus in this Ordinance, or any former Act or Acts of Parliament to the contrary here of notWithstanding; And bee it further Ordeind by the authoritie 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 premisses, and not cleared and allowed within fourtie daies after the return of such Survey or Surveys, or otherwise as by the said Act is required, all, and every such Right, Title and Inttrest, which hath not been, or shall not bee cleared and allowed as aforesaid, as to the premisses, already surveyed within four Months from the passing of this Ordinance, and as to so much of the premisses as are yet unsurveyed, within six months 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 ceas, determine and bee utterly bold, and all and every such person or persons, their, and every of their heirs and Assigns, shall bee for ever excluded and debarred from making or renewing any Claim, to any such part of the premisses respectively.