INSTRUCTIONS Agreed upon in PARLIAMENT FOR COMMISSIONERS, For Surveying the Forest of Sherwood; The Forest, or Chase of Needwood; The Forest, or Chase of Kingswood; The Forest, or Chase of Ashdown, or Lan­caster great Park; and Endfield Chase.

In pursuance of an Act of this present Parliament, Entituled, An Act and Declaration, touching several Acts and Ordinances made since the twentieth of April 1653. and before the third of September 1654. and other Acts, &c.

At the Parliament begun at Westminster the 17th day of September, An. Dom. 1656.

LONDON: Printed by Henry Hills, and John Field, Printers to His Highness. 1657.

Instructions, agreed upon in Parliament, for Joseph Ayloffe, Thomas Skipwith, Jeremy Baynes, Adam Ayre, Esqs James Robinson, and William Marr, Gent. Commissioners for Surveying the Forest of Sherwood: Robert Franck, John Kensey, Thomas Watts, Esqs and George Sargeant Gent. Commissioners for Surveying the Forest, or Chase of Needwood: James Stedman, Robert Tayler, Thomas Tanner, Esqs and John Halsey, Gent. Commissioners for Surveying the Forest, or Chase of Kingswood: Henry Dewell, William Dawges, Joseph Gamage, Esqs Richard Johnson, Gent. Commissioners for Surveying the Forest, or Chase of Ashdowne, or Lancaster great Park: John Baynton, Hugh Webb, Esqs Major Rolph, and Nicholas Gunton, Gent. Commissioners for Surveying Endfield Chase, in pursuance of an Act of this present Parlia­ment, Entituled, An Act and Declaration, touching several Acts and Ordinances made since the twentieth of April 1653. and before the third of September 1654. and other Acts, &c.

I. YOu, or any three or more of you, Sur­veyors for each Forest or Chase, are forthwith to repair to the said Fo­rest and Premisses, for which you are Commissioners, and by all lawfull waies and means, to inform your selves of the Perambulations, and other Metes and Bounds thereof, as the same was setled by Act of Parliament, in the seventeenth year of the late King Charles; and thereupon Sur­vey the same. And in your Surveys, you are distinctly to express how much is open and com­mon waste ground, how much thereof is the proper soil of the Commonwealth, and by whom the residue thereof is claimed, and to set out by Metes and Bounds, that proportion of waste, the soil whereof is the Common­wealths.

[Page 2] II. You are to enquire and inform your selves, and in your Surveys distinctly to express, what person or persons, bodies politique or corporate, Parish, or Hamlet, do claim any common Her­bage, or Pawnage, Turbary, or Estovers, with­in any the Premisses, whether the same be claim­ed in right, or because of Vicinage, or whether the said Commons be stinted or without num­ber.

III. You are to examine and inform your selves, what Cottages have been Erected, contrary to the Lawes in Force, upon the said soil of the Common-wealth, and by whom, and by what pretence the same have been Erected, what Rents or Services they pay, or ought to pay, and certifie, which and how many of them you judge fit to continue or be demolished.

IV. You are to Survey any part of the Premi­ses, which are holden in several, and to which any person or persons, who hold the same, do make claim, from and after such time and times, as the same shall by disallowance of the claim be determined to belong to the Commonwealth, or for which no claim is made, or shall be made before the Twentieth day of July next ensuing; as also to certifie the same, as so much belonging to the Commonwealth, either as the antient right thereof, or by reason of not ma­king due claim thereunto.

[Page 3] V. You are to put in writing, upon the door of the Publick Meeting-place, Commonly called the Church or Chappel, in every Town or Pa­rish, within the said Forests or Chases, and in every Market-Town, within, or adjacent to the Bounds and Limits of the same, at what time and place you appoint to receive and pro­ceed in the Examination of the said claimes of all persons, Bodies Politique or Corporate, Parish and Hamblet.

VI. You, or any three, or more of you, Commis­sioners for surveying of Sherwood Forest, toge­ther with any two onely of the persons here­after named on the behalf of the Proprietors, Commoners, and other persons concerned therein, (that is to say) Jervas Piggot, Charls White, William Cartwright, Robert Butler, and John Hacker, Esqs and Thomas Bristow Gent. You, any three or more of you the. Commissioners for the Survey of the Forest or Chase of Need­wood, together with any two onely of the per­sons hereafter named on the behalf of the Proprietors, Commoners, and other persons concerned therein; that is to say, William Whit­by, Zachary Babbington, Thomas Pudsie, Henry Stone of Wanson, and Daniel Watson, Esqs you, any three or more of you the Commissioners for Kings-wood Forest, together with two onely of the persons hereafter named on the behalf of the Proprietors, Commoners, and other [Page 4]persons concerned therein; that is to say, Tho­mas Hodges, Nehemiah Collings, Samuel Codrington and George Reymond, William Grig, and Adam Bainham, Esqs you, any three or more of you, the Commissioners for Ashdown Forest or Chase, or Lancaster great Park, together with any two onely of the persons hereafter named, on the behalf of the Proprietors, Commoners, and other persons concerned therein; that is to say, Anthony Shurley, Anthony Stapelly, William Free­man, Richard Boughton, and Thomas Jenner, Esqs you, any three, or more of you the Commissi­oners for Endfield Chase, together with any two onely of the persons hereafter named on the behalf of the Proprietors, Commoners, and other persons concerned therein; that is to say, Sir Richard Lucy Knight, John Barns, Paul Nichol, Mr. Wilford of Hadley, and Henry Marsh of Shely, Esqs are to examine all the Claims already made and to be made as aforesaid, of every or any person or persons, Bodies Politick or Corporate, or Inhabitants claiming any Mannours, Lands, Tenements, Common of Pasture, Estovers, Herbage, Pasturage, Tur­bary, Profits, Rights, Advantages, Appren­dre, Liberties, and Franchises within the said Forests or Chases respectively, and the Evi­dences and Proofs touching the same; and for that end have hereby power to send for and exa­mine Witnesses upon Oath touching the same; and in matters of Fact appearing doubtfull, to any two of the said Jarvas Piggot, Charls White, William Cartwright, Robert Butler, John Hacker and Thomas Bristow, for the Forest of Sherwood; to any two of the said William Whitby, Zachary Bab­bington, [Page 5]Thomas Pudsey, Henry Stone, and Daniel Wat­son, for the Forest of Needwood; to any two of the said Thomas Hodges, Nehemiah Collings, Samuel Codrington, and George Reymond, William Grig, and Adam Bainham, for the Forest of Kings-wood; to any two of the said Anthony Sherley, Anthony Stapelley, William Freeman, Richard Boughton, and Thomas Jenner, for the Forest of Ashdown and Lancaster great Park; to any two of the said Sir Richard Lucy, John Barns, Paul Nichol, Mr. Wilford, and Henry Marsh for Endfield Chase: the Trial of the Fact shall be by consent of you, or any three of you Commissioners for each re­spective Forest or Chase by an indifferent Iury. And to the end indifferent Iuries shall and may be returned for trial of such matters in Fact; you, or any three, or more of you, Commissioners for each respective Forest or Chase, together with any two of the persons aforesaid, nominated and appointed on the be­half of the Proprietors and Commoners, and of all other persons concerned in each re­spective Forest or Chase, are hereby required to select out of the Free-holders Book in each respective County wherein any of the said Fo­rest or Chases shall lie, threescore persons good and lawfull men living out of the Bounds of the said Forests or Chases, and uninteressed in the same, and to certifie their Names unto the High Sheriff of each respective County, and upon the desire of any three or more of you the Surveyors of the respective Forest and Chase, the said Sheriffs respectively are hereby re­quired from time to time to summon and re­turn a Iury out of the said threescore persons, [Page 6]for the trial of all, every, or any such matters in fact, and the persons so to be summoned and returned, are hereby required to make their appearances, and serve as Iurors accordingly, unto which Iurors, you, or any three of you, have hereby power to administer an Oath re­spectively, and to charge them to inquire of the truth of the matter in Fact in that behalf: and in case any matter of Fact shall be held fit by any two of the persons nominated on be­half of the Proprietors and Commoners in each respective Forest or Chase, to be tried by Iury, shall not be consented unto by you the Com­missioners, or any three of you, for each re­spective Forest or Chase, then the state of the Case to be certified to the Committee of Ap­peal, appointed by Parliament, hereafter mentioned, who are to give order touching the same, as to them, or any four of them shall seem fit. And in case you the several Com­missioners for each respective Forest or Chase, shall have any reasonable cause to except a­gainst any Verdict given by any Iury, you, or any three of you, for each respective Forest or Chase, are to certifie your Exceptions to the same Verdict, to the said Committee of Appeal, who shall take such order therein as shall be just and equal.

[Page 7] VII. You or any three or more of you Commissi­oners for each respective Forest or Chase, to­gether with any two of the aforesaid persons appointed on the behalf of the Proprietors, Commoners, and persons concerned therein, are to alow unto all and every person or per­sons, Bodies Politike or Corporate, Parish or Hamblet, their Successors, Heirs, Execu­tors and Administrators, other then the late King, Queen or Prince, or any of their heirs, and all claiming, by, from or under them or any of them to their use, and interest or use, for them the late King, Queen and their heirs, concerning onely such trust or use for them or any of them, and so much of the premises as is lyable to such use and trust, All Right, Title, Interest, Right in Law and Equity, Annu­ities, Commodities, Fees, Franchises and o­ther Profits, which they, or any of them now have or ought to have enjoyed, or had Right or Title unto, in or to any the said Claimed Premises, before the Twenty fifth day of March, One thousand six hundred forty one, other then by vertue, or in right of ye Custody of the said Forest or Chase, or any Office be­longing to the same, the exercise whereof is now ceased, or which by Deafforestation of the said Forest shall cease and determine; And in case you, or any three or more of you Commissi­ners for each respective Forest or Chase, toge­ther with any two of the aforesaid persons ap­pointed on the behalf of the Proprietors, Com­moners, and persons concerned therein, shall not agree to alow or disalow any Claim, the same shall be certified, together with the re­spective [Page 8]reasons touching the same, to the Committee of Appeal hereafter mentioned.

VIII. In examining and alowing the said Claims, you are not to stand upon forms, or any im­proper wording of Claims, or upon the Claim­ing any things inconsistent one with another, but to make alowance according to the right which shall appear upon Evidence, or be found by Iury as aforesaid.

IX. You, or any three or more of you, Commis­sioners for each respective Forest or Chase, to­gether with any two of the aforesaid persons appointed on the behalf of the Proprietors, Commoners, and persons concerned therein, are to set forth such competent proportion out of the open and common waste ground, wherein Interest or Profit, or Franchises, or other things shal be claimed and alowed, as a­foresaid, and of the Wood thereupon grow­ing, as you or any three or more of you Com­missioners for each respective Forest or Chase, together with any two of the aforesaid per­sons appointed on the behalf of the Propri­etors, Commoners, and persons concerned therein, shall judge to be a competent satisfa­ction for and in respect of the respective Inte­rests, Profits, Franchises, or other things claimed and alowed as aforesaid, and reserve the residue for the Commonwealth; distin­guishing by certain Marks and Bounds, the parts see out for the Commonwealth, ye Lords of the Soyl, and the Commoners, and ascer­taining by what person, and in what time and maner the same shall be separated and fenced; [Page 9]And in case you or any three or more of you Commissioners for each respective Forest or Chase, together with any two of the afore­said Persons appointed on the behalf of the Proprietors, Commoners, and Persons con­cerned, shall not agree therein, then you or any three or more of you Commissioners for each respective Forest or Chase, together with any two of the aforesaid Persons appointed on the behalf of the Proprietors, Common­ers, and Persons concerned therein, shall ei­ther joyntly or severally certifie your proceed­ings therein, and the Causes and Reasons thereof unto the said Committee of Appeal, who upon consideration thereof, and hearing what can be said on both Parties, shall settle and determine the same, as to them or any four of them shall seem just and reasonable.

X. You or any three or more of you Commissi­oners for each respective Forest or Chase, to­gether with any two of the aforesaid Persons appointed on the behalf of the Proprietors, Commoners, and Persons concerned therein, are to consider what Lands and Tenements held in several other then what is the Com­monwealths, ought to yield Composition for the Deafforestation thereof, and what ought to be free from Composition, and ascertain the same; and thereupon to set out of the said open and common Waste such proportion for Composition, or such other Composition, as the Equity of the Case shall require, and as to you or any three or more of you Commissi­oners for each respective Forest or Chase, to­gether with any two of the aforesaid Persons [Page 10]appointed on the behalf of the Proprietors, Commoners, and Persons concerned therein, shall seem reasonable for, and in respect of the the Deafforestation thereof; And in case you or any three or more of you, Commissioners for each respective Forest or Chase, together with any two of the aforesaid Persons ap­pointed on the behalf of the Proprietors, Com­moners, and Persons concerned therein shall not agree, then you or any three or more of you Commissioners for each respective Forest or Chase, together with any two of the afore­said persons appointed on ye behalf of the Pro­prietors, Commoners, and Persons concern­ed, shall joyntly or severally certifie your pro­ceedings therein, together with the Causes and Reasons unto the said Committee of Ap­peal who upon consideration had thereof, and hearing what can be said on both sides, shall settle the same according as to them or any four of them shall seem just & equal; And from and after the settlements aforesaid made, the said Forests and Chases, and all the Man­nors, Lands and Tenements, lying within the Meets and Bonds thereof, shall be De­afforested to all Intents and Purposes what­soever, and as if the same had never been Fo­rest; And as well the present as all former Owners, Possessors of any part of the said Forest, or of any Manors, Lands, Tene­ments or Hereditaments, lying within the Meets and Bounds thereof, their Heirs, Successors, Executors, Administrators, and Assigns, shall be for ever acquitted and dis­charged of and from all former and other Wastes, Purprestures, and Assarts, Trespas­ses, [Page 11]and offences against the Forest Law, done or suffered in or upon the same.

XI. You are not to alow the Claim of any per­son or persons, Bodies Politike or Corporate, Parish or Hamblet, to any Demeasn Lands in possession or in reversion, or to any other pro­fits or advantages which have formerly been granted by Lease, or by Letters Patents, for term of Lives or Years, under a Rent reser­ved thereupon (which Rent was due and pay­able according to the said Reservation) by ver­tue of any general words comprehended in any Grant or Grants, from the late King, Queen or Prince, or from the Trustees na­med in the Act for Sale of the Honors, Ma­nors and Lands of the late King, Queen or Prince, 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.

XII. After the right or proportion of or belonging to the Commonwealth, either as the ancient proper Soyl thereof, or by such Compositi­ons and Agreements as aforesaid, shall be as­certained, you are to inform your selves what the present yearly value of the said Lands (in case the same were inclosed) may be, as the Wood and Timber is now growing upon the same, what the value will be, being inclosed, what the charge of inclosing the same will a­mount unto, what improvement may be made in case the same be cleared and disbur­thened of the Wood and Timber, either by [Page 12]Farming, granting Leases, or otherwise di­sposing thereof, and what may be most advan­tageous to the Commonwealth, what quan­tity of Wood and Timber may be taken away and sold and vended thereabouts, and in what time, and what the value thereof may amount unto, and certifie unto Thomas Coke, William Bosevile, John Sparrow, William Kenwrick, William Scot, William Steel, Sylvanus Taylor, Thomas Hub­bert, Cornelius Cook, or any four or more of them, Trustees nominated by Ordinance for Sale of four Forests or Chases, reserved for Colateral Security to the Soldiers.

XIII. You are to consider what High-ways are ne­cessary to be alowed throughout the premises, or any part thereof, what proportion of ground will be sufficient for that purpose, in what place the same may most conveniently be laid out, by whom, and in what maner the Fences adjacent to them shall be made and kept, and set out the Meets and Bounds accordingly.

XIV. You are to take special notice of all Thri­ving Timber of Oak, and Elm, which shall be found growing upon any part of the premises, and certifie distinctly in each Survey, where any such Timber doth grow, the number of such Trees respectively, how many Loads of clean Timber is in them, of what value the Lop, Top, and Bark of such Trees are, how far they grow from the nearest part of any Navigable River, and what price by the Load the said Timber is worth upon the place.

XV. You shall keep a Diary or Iournal of your [Page 13]proceedings, and within ten days after full Execution of these Instructions respectively, or sooner if you shall be thereunto required, certifie under your Hands and Seals, or un­der the Hands and Seals of three or more of you, the Surveys by you taken, and other your proceedings touching the premises, unto Thomas Coke, William Bosevile, John Sparrow, William Kenwrick, William Scot, William Steel, Syl­vanus Taylor, Thomas Hubbert, Cornelius Cook, or any four or more of them, nominated Trustees by the Ordinance for Sale of four Forests or Chases, reserved for Colateral Security to the Soldiers.

XVI. For the speedy and effectual execution of these Instructions, you are to imploy an a­ble Clerk and a Messenger for each Forest or Chase respectively, and to allow your Clerk five shillings per diem, and your Messenger three shillings per diem, and you are also to hire laborers two or more for each Forest or Chase to carry your Chains and Instruments for measuring and apportioning of the premises, not allowing them nor any of them, more then one shilling and six pence per diem, for so many days as you shall have occasion to use them for your convement dispatch thereof, and to certi­fie what charge you are at therein to the said Trustees, who are to alow the same upon your Accompt.

XVII. You are, if need shall require, hereby Au­thorized by your selves, or by such Clerk or Clerks as you shall thereunto appoint, to search, peruse, and to take Copies, or Ex­tracts [Page 14]of all or any Records or Evidences, ly­ing in the Tower of London or elsewhere, for the clearing and making out of the Common­wealths Title to the premises, without pay­ing any Fees therefore.

XVIII. That the Lord Lambert, General Desborow, Colonel Sydenham, Sir Gilbert Gerrard Knight, John Trever and Josias Bernars, Esquires, or any four of them, the Committee of Appeal ap­pointed by the Parliament, to hear and deter­mine all and every the matters and things which shal be certified unto them, according to these Instructions or otherwise, touching the Rights of the Commonwealth, the Proprie­tors, Owners and Commoners in the said Fo­rests and Chases respectively; as also all other matters and things whatsoever, not particu­larly named in these Instructions, which shall be any Obstruction in and touching any the matters aforesaid, and for that purpose may send for, and examine witnesses upon oath; which oath the said Committee of Appeal, or any four of them are hereby authorized to Ad­minister; And the Determination of the said Committee in and touching the same, shall be final; And in case the said Committee of Ap­peal shall be divided equally, Then the Lord Commissioner Fines shall settle and determine the matter, upon hearing all the Reasons of the said Committee of Appeal, whose Deter­mination shall be final.

London, Printed by Henry Hills and John Field, Printers to His Highness the Lord Protector, 1657.

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