Pages 1116-1122
Acts and Ordinances of the Interregnum, 1642-1660. Originally published by His Majesty's Stationery Office, London, 1911.
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June, 1657
[19 June, 1657.]
1. You, or any three or more of you, Surveyors for each Forest or Chase, are forthwith to repair to the said Forests and Premisses, for which you are Commissioners, and by all lawfull ways and means, to inform your selves of the Perambulations, and other Meets and Bounds thereof, as the same was setled by Act of Parliament, in the Seventeenth year of the late King Charls; 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 Soyl of the Commonwealth, and by whom the residue thereof is claimed, and to set out by Meets and Bounds, that proportion of Waste, the Soyl whereof is the Commonwealths.
2. 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.
3. You are to examine and inform your selves, what Cottages have been Erected, contrary to the Laws in Force, upon the said Soyl of the Commonwealth, 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.
4. You are to Survey any part of the Premisses, 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 ancient right thereof, or by reason of not making due claim thereunto.
5. You are to put in writing, upon the door of the Publique 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 Claims of all Persons, Bodies Politique or Corporate, Parish and Hamlet.
6. 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) Jervase 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 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, & 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 Politique or Corporate, or Inhabitants claiming any Mannors, Lands, Tenement, 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 Jervase 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, 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 Kingswood; to any two of the said Anthony Sherley, Anthony Stapelly, 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 Jury. And to the end indifferent Juries 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 uninterested 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 Jury out of the said threescore persons, 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 Jurors accordingly, unto which Jurors, you, or any three of you, have hereby power to administer an Oath respectively, and to charge them to enquire 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 Jury, 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 Jury, 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.
7. 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 allow unto all and every person or persons, Bodies Politique or Corporate, Parish or Hamlet, 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 liable 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 the 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 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 to allow or disallow any Claim, the same shall be certified, together with the respective Reasons touching the same, to the Committee of Appeal hereafter mentioned.
8. In examining and allowing 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 allowance according to the right which shall appear upon Evidence, or be found by Jury as aforesaid.
9. 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 shall be claimed and allowed, 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 allowed as aforesaid, and reserve the residue for the Commonwealth, distinguishing by certain Marks and Bounds, the parts set out for the Commonwealth, the Lords of the Soyl, and the Commoners, and ascertaining by what person, and in what time and manner the same shall be separated and fenced; 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.
10. 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 yeeld 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 appointed on the behalf of the Proprietors, Commoners, and persons concerned therein, shall seem reasonable for, and in respect of 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 the 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 and 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 Bounds 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 Mannors, 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, and Offences against the Forest Law, done or suffered in or upon the same.
11. You are not to allow the Claim of any Person or Persons, Bodies Politique 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 Reser vation) 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, Mannors and Lands of the late King, Queen, or Prince, 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.
12. 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 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 Collateral Security to the Soldiers.
13. You are to consider what High-ways are necessary to be allowed throughout the premisses, 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 manner the Fences adjacent to them shall be made and kept, and set out the Meets and Bounds accordingly.
14. You are to take special notice of all Thriving Timber of Oak, and Elm, which shall be found growing upon any part of the premisses, 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.
15. You shall keep a Diary or Journal of your 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 premisses, 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 Collateral security to the Soldiers.
16. 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 labourers two or more for each Forest or Chase to carry your Chains and Instruments for measuring and apportioning of the premisses, 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 convenient dispatch thereof, and to certifie what charge you are at therein to the said Trustees, who are to allow the same upon your Accompt.
17. 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 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 premisses, without paying any Fees therefore.
18. 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 shall 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.