August 1652: An Act for several Lands and Estates forfeited to the Commonwealth for Treason, appointed to be sold for the use of the Navy.

August, 1652

[4 August, 1652.]

Delinquents names whose estates are to be sold by this Act.; Their Manors and Lands vested in Trustees.; Rectories and Tythes excepted; Trustees names.; Tenure.; The Trust declared for the benefit of the Navy.

Whereas the Estates of William Lord Craven, Thomas Cook of Grays-Inn in the county of Middlesex Esq; John Forcer of Haberhouse in the county of Durham, Ralph Pudsey of Stapleton in the county of Durham, Robert Blundel of Ince-Blundel in the county of Lancaster, Thomas Clifton of Litham in the county of Lancaster, Richard Massey of Rixam in the county of Lancaster, Edward Scasebrook of Scasebrook in the county of Lancaster, George Smith of Quenneborough in the county of Leicester, John Jones of Dingastow in the county of Monmouth, Lancelot Errington of East Denton in the county of Northumberland, Nicholas Errington of Pont-Island in the county of Northumberland, Henry Errington of Befront in the county of Northumberland, John Lawson of St. Anthonies in the county of Northumberland, Sir Edward Ratcliff of Dilston in the county of Northumberland Kt and Baronet, Peter Gifford of Chillington in the county of Stafford, Walter Fowler of St. Thomas in the county of Stafford, Thomas Brook of Madely in the county of Salop, John Weston of Maze in the county of Surrey, Philip Hungate of Saxton in the county of York, Robert Dolman of Badsworth in the county of York, Francis Biddulph of Biddulph in the county of Stafford, Philip Anne of Burwallis in the county of York, Sir Walter Vavasor of Haslewood in the county of York, William Middleton of Stockhal in the county of York, John Wiseman of Wimbish in the county of Essex Esq; Henry Killigrew of Lanrack in the county of Cornwal, Sir Henry Farrar of Skillingthorp in the county of Lincoln, and Henry late Viscount Dunbar of Holderness in the county of York deceased, have been, and are hereby declared and adjudged to be justly forfeited by them for their several Treasons against the Parliament and People of England; Be it therefore Enacted by this present Parliament, and the Authority thereof, That all the Manors, Lands, Tenements and Hereditaments, with their and every of their Appurtenances whatsoever, which they the said William Lord Craven, Thomas Cook, John Forcer, Ralph Pudsey, Robert Blundel, Thomas Clifton, Richard Massey, Edward Scasebrook, George Smith, John Jones, Lancelot Errington, Nicholas Errington, Henry Errington, John Lawson, Sir Edward Ratcliff, Peter Gifford, Walter Fowler, Thomas Brook, John Weston, Philip Hungate, Robert Dolman, Francis Biddulph, Philip Anne, Sir Walter Vavasor, William Middleton, John Wiseman, Henry Killigrew, Sir Henry Farrar and Henry late Viscount Dunbar, or any of them, or any for their use or uses, or in trust for any of them, were seized or possessed of in Possession, Reversion or Remainder, on the twentieth day of May, One thousand six hundred forty two, or at any time since; And all Rights of Entry, and the whole Estates, Rights, Titles and Interests of them and every of them, in or to the said Manors, Lands, Tenements or Hereditaments, which they or any of them had the said twentieth day of May, One thousand six hundred forty two, or at any time since (Excepting Rectories impropriate, Tythes, Composition for Tythes, Portions of Tythes, Donatives, Oblations, Obventions and Rents issuing out of Tythes) Be and are hereby Vested, Adjudged and Deemed to be, and are hereby in the real and actual possession and seisin of William Skinner, William Robinson, Sampson Sheffeild, Samuel Gooking, Henry Sealy, William Lisle and Arthur Samuel, Esquires, and the Survivors and Survivor of them, and their Heirs and Assigns; And that they and the Survivors and Survivor of them and their Heirs, shall and may have the Benefit and Advantage of the said Rights of Entry unto the said Manors, Lands, Tenements, and Hereditaments, and every of them; And that they, their Heirs and Assigns, shall hold all and every part and parcel of the said premises of the Manor of East Greenwich, in free and common Socage by Fealty onely, and by no other Tenure or Service whatsoever: Nevertheless upon trust and confidence, that the said William Skinner and other the persons aforenamed, or any five or more of them, shall have, hold and enjoy all and singular the premises and every of them, for the onely Use and Benefit of the Navy.

Saving the right of others accrewed before 20 May 1642.; If they obtain an allowance thereof before 1 November 1652 by the Commissioners for removing Obstructions.; The power of those Commissioners.; Act 16 July 1651.

Saving to all and every person and persons, Bodies Politique and Corporate, their Heirs, Successors, Executors, Administrators and Assigns, and every of them (other then the said William Lord Craven, Thomas Cook, John Forcer, Ralph Pudsey, Robert Blundel, Thomas Clifton, Richard Massey, Edward Scasebrook, George Smith, John Jones, Lancelot Errington, Nicholas Errington, Henry Errington, John Lawson, Sir Edward Ratcliff, Peter Gifford, Walter Fowler, Thomas Brook, John Weston, Philip Hungate, Robert Dolman, Francis Biddulph, Philip Anne, Sir Walter Vavasor, William Middleton, John Wiseman, Henry Killigrew, Sir Henry Farrar, and Henry late Viscount Dunbar, or any of them, and all others claiming and to claim by, from or under them or any of them, since the twentieth day of May, One thousand six hundred forty two; and other then the Rights and Title of Dower of the respective Wife and Wives of them or any of them) All such Estates, Interests, Rents, Incumbrances, Charges, Rights in Law or Equity, which they or any of them had or ought to have had, in or to the said Manors, Lands, Tenements or Hereditaments or any of them, before the said twentieth day of May, One thousand six hundred forty two; As also all and every the Estates and Interests given, granted, demised, allowed of or confirmed by any Act, Order or Ordinance of Parliament, or lawful Authority derived from them, unto any person or persons, Body Politique or Corporate, who have constantly adhered and been faithful to this Parliament, and whose Estates have not otherwise been revoked or altered by this Parliament: If such person or persons, Bodies Politique or Corporate, their Heirs, Successors or Assigns, do before the First day of October, which shall be in the year One thousand six hundred fifty and two, deliver in writing unto the Commissioners appointed by an Act, Entituled, An Act for transferring the Powers of the Committees for Obstructions, or any four or more of them, a Particular of such his or their Right, Title, Interest, Claim, Demand, Incumbrance or Estate in Law or Equity, and shall obtain an Allowance thereof by the said Commissioners or any four or more of them, at or before the First day of November, which shall be in the year of our Lord God, One thousand six hundred fifty and two; which said Commissioners are hereby appointed to be Commissioners for removing of Obstructions in the Sale of all and every the premises hereby appointed to be sold; And shall have, use and exercise all and every the like Powers and Authorities in reference to the premises hereby appointed to be sold, as the said Commissioners may or ought to do in relation to the sale of any other the Lands and Estates in an Act, Entituled, An Act for Sale of several Lands and Estates forfeited to the Commonwealth for Treason, mentioned; And the Trustees, Treasurers, Register, Register-Accomptant, Surveyor -General, and all other persons imployed in and about this service, are required to observe such Orders and Directions as from time to time they shall receive from the said Commissioners; and the said Commissioners shall and may allow all incident charges for the necessary carrying on of this service.

Trustees power to sell and convey.; Their Sales to be good and effectual.; Free from all Incumbrances.

And the said Trustees or any five or more of them respectively, shall and may, and are hereby required and authorized to contract, bargain, sell, alien and convey, all and every the said Manors and premises, and to execute all Powers and Authorities in the sale thereof, according to the Rates and Proportions, Rules and Directions limited and expressed in the said former Act for Sale of several Lands and Estates forfeited to the Commonwealth for Treason, and in such maner as they may or might have done in the Sale of any the Manors or Lands vested and setled in them by the aforesaid Act: And that all and every Bargains and Sales, Conveyances and Assurances to be made of any Estate or Estates in Fee-simple, or for term of Life or Lives of any the premises, according to such Contracts as shall be agreed upon between the Purchaser or Purchasers, and the said Trustees, or any five or more of them respectively, shall be good and effectual in Law, to all intents and purposes: And all and every Purchaser and Purchasers of the premises, or any part thereof, his and their Heirs, Successors, and Assigns respectively, shall have, hold and enjoy the premises that shall be by him or them so purchased, discharged of all Trusts and Accompts, whereunto the said Trustees, or any or either of them, are or may be lyable by vertue of this Act; and of all Suits and Questions that may arise, or be moved upon pretence of Sale at Under-values; and of all Claims and Demands whatsoever; and of all Incumbrances made by the said Trustees, or any claiming under them or any of them: And that the same shall not be lyable unto, but freed and discharged of and from all and all maner of Statutes, Judgements, Recognizances, Dowers, Joyntures, and other Acts and Incumbrances whatsoever, had, made, done or suffered, or to be had, made, done or suffered, by, from or under the said Trustees, or any of them respectively, other then such Conveyances and Assurances as shall be had, made, done or suffered, in performance and pursuance of the Sales and Contracts respectively made, according to the meaning of this present Act.

Trustees nabled to plead the general Issue to any Action brought against them.

And if any Action shall be brought against the said Trustees, Treasurers, or other Officers or Officer, or any of them, in execution of this Act, or any former Act, Ordinance, Orders or Instructions whereunto it relates, That then he or they are hereby enabled to plead the General Issue, and to give this Act in Evidence: And if Judgement shall be had for the Defendant or Defendants in such Action, be and they shall recover double Costs.

200000 l. to be borrowed on the security,; of these Lands.; Moneys formerly owing, shall be secured by doubling an this Act.

And whereas the Parliament do finde it necessary to raise a considerable Sum of Money for the carrying on the Services of the Navy Be it therefore Enacted, That the sum of Two hundred thousand pounds shall be borrowed upon the Security of the Lands of the said persons, whose Estates aro by this Act appointed to be sold by way of Doubling, the like sum as it is or shall be due unto any person or persons, Body Politique or Corporate, upon the Publique Faith; or which might have been Doubled by vertue of any Act, Order or Ordinance of this present Parliament, and hath not formerly been Doubled upon the credit of Bishops, and Deans and Chapters Lands; or upon the Lands of the late King, Queen and Prince; or upon the Fee-Farm Rents: And that all and every person and persons, Body Politique or Corporate, for every sum or sums of Money he or they shall further lend, may and shall be secured the moneys formerly owing as aforesaid; And such other moneys as he or they shall advance for the raising of Two hundred thousand pounds, upon the Lands of the said persons in this Act named, in such sort as by the beforementioned Act, Entituled, An Act for the Sale of several Lands and Estates forfeited to the Commonwealth for Treason, is Enacted or Provided: And the said Trustees are hereby Impowered and Authorized to pursue the Rules and Instructions for Doubling of money, as is appointed and declared in the several Acts of this present Parliament for the sale of Dean and Chapters Lands.

Treasurers named.

And be it further Enacted, That Sir John Wollaston Knight and Alderman of the City of London, Thomas Andrews, John Dethick and Francis Allein, Aldermen of the said City, shall be Treasurers for the said Service; and that they or any two of them, are hereby impowered and authorized to receive the said Two hundred thousand pounds, and all other such sum and sums of money as from time to time ought to be paid in to the Treasury by vertue of this Act, which shall be issued out and paid according to such Orders, Warrants, Directions and Instructions, as they shall from time to time receive from the Parliament, for the use of the Navy as aforesaid.

Register to make out Particulars

And be it further Enacted by the Authority aforesaid, That the Register named in the said Act (Entituled, An Act for the Sale of several Lands and Estates, forfeited to the Commonwealth for Treason) and his Deputy, are hereby authorized and required, upon a Warrant or Warrants from the said Trustees, to make out, rate and sign, one or more Particulars of all and every the premises hereby appointed to be sold: And that the respective Trustees do upon such Particular proceed to Contract with any Purchaser or Purchasers for the same, and to make sale thereof accordingly.

Instructions for the Trustees and other Officers, as in the Act of 16 July 1651.

And be it further Enacted and Ordained, That the respective Trustees, Treasurers, Register, Register-Accomptant, and Sur veyor-General, named in the aforesaid Act for sale of several Lands and Estates forfeited to the Commonwealth for Treason, shall do, execute, observe and keep, all and every the like Powers, Authorities, Orders, Directions and Instructions, in relation to the pre mises hereby appointed to be sold, or any of them, as they and every of them ought to do, or to have done in reference to other the Manors, Lands, Tenements and Hereditaments of the said Traytors and persons in the said former Act mentioned; and shall have and receive such and the like Salaries and Fees for them and their Clerks respectively, and in such sort and maner, as they and every of them respectively are and ought to have and receive for their respective Services and Imployments, touching the sale of other the Manors, Lands, Tenements and Hereditaments, by the aforesaid Act appointed to be sold.

Penalty for doubling on forged Debentures or false Certificates.

Provided also, That if any person or persons shall Double any sum of money upon forged Debentures, or other false Certificates, or any other fraudulent way or means, and thereof shall be convicted by Oath before the Commissioners for Obstructions, within one year after such Doubling, every such person so offending shall forfeit treble the said Sum, the one Moyety thereof to the use of the Commonwealth, and the other Moyety to such person or persons as shall discover the same before the said Commissioners for Obstructions in this Act named, and shall be committed to prison, and his Estate sequestred by the said Commissioners for Obstructions until payment thereof.

Provision for the right of others, allowed before 1 Dec. 1652.

Provided always, and be it further Enacted, That all and every person or persons having any Estate, Right, Title or Interest, of, in or unto any the Lands, Tenements or Hereditaments by this Act intended or mentioned to be put to Sale, or that hath any Statute, Judgement, Recognizance or Rent which were without fraud, and for good and valuable Consideration had, made and acknowledged before any Treason respectively committed by any of the persons in this Act named, whose Estates are appointed to be sold, and shall obtain an Allowance thereof by the said Commissioners for removing of Obstructions, before the First day of December, One thousand six hundred fifty and two, That then the same shall be good and effectual to such person or persons, their Executors, Administrators and Assigns respectively, to all intents and purposes, according to the Tenor thereof, Any thing in this Act to the contrary in any wise notwithstanding.

Reversions and Remainders upon Estates Tail forfeited.

And be it further Enacted by this present Parliament, and by Authority thereof, That all Reversions and Remainders expectant upon any Estate Tail, upon any Conveyance made by the said Traitor or Traitors, or any other person or persons, by or under whom they or any of them Claim, of any the Manors, Lands, Tenements, or Hereditaments of any the Traitor or Traitors in this Act, or in the aforesaid Act for Sale of several Lands and Estates forfeited to the Commonwealth for Treason, named, not actually vested in the possession of such Tenant in Tail by the death of such Traytor or Traytors, before the Five and twentieth day of March, One thousand six hundred fifty two, which by Fine and Recovery might be docqued by any of the said Traytor or Traytors, are, and shall be to all intents and purposes forfeited for their said Treasons; And as well the said Traytors and their Heirs and Assigns, and all other persons and their heirs in Reversion or Remainder upon any such Estate, shall be for ever barred, as if such Traytor or Traytors had actually levied a Fine, and suffered a Recovery for doing thereof, Any Allowance, Law, Statute or Usage to the contrary in any wise notwithstanding.

100. l. per annum to George Joyce

Provided always, and be it further Enacted, That the Trustees in this Act named, shall be, and are hereby Authorized and Required to Convey unto George Joyce of Portland, in the County of Dorset Esq; his Heirs and Assigns for ever, Lands, Tenements and Hereditaments appointed by this Act to be sold, of the clear Yearly value of One hundred pounds per annum, over and above all Charges and Reprizes, Any thing in this or any former Act contained to the contrary in any wise notwithstanding.

Provision for Charls Fleet wood.

Provided also, That this Act nor any thing therein contained, shall not extend nor be predjudicial unto, bar or destroy, extinguish nor take away any Right, Interest, Reversion or Remainder saved or preserved, or mentioned or intended to be saved or preserved unto Charls Fleetwood Esq; and unto Frances his late wife, their or either of their Heirs or Assigns, unto any Manors, Lands, Tenements or Hereditaments whatsoever, mentioned in or by the late Act for Sale of several Lands and Estates forfeited to the Commonwealth for Treason, by Order of Parliament published the Sixteenth day of July, One thousand six hundred fifty and one.

Trustees to set out a proportion of the said Lands to satisfie Incumbrances.

Provided nevertheless, and it is further Enacted, That in recompence and satisfaction of such Judgements, Statutes, Recognizances, Mortgages and other Incumbrances, as by the true intent and provision of this Act are to be satisfied, the said Trustees or any five or more of them, upon the return of the respective Surveys, are hereby Impowered and Authorized to set out such proportion of the Lands so surveyed, as will be sufficient to satisfie such Incumbrance and Incumbrances; And after such Incumbrances proved, and the Debts allowed of by the Commissioners for removing of Obstructions, to sell and convey such proportionable Part of the said Lands so surveyed, to such Creditor or Creditors or their Assigns, in recompence and satisfaction of such Incumbrance and Incumbrances, either for Life, Lives, Years or in Fee, the said Trustees taking care in satisfying such Incumbrances, to satisfie the same in such priority and course as the same ought to be satisfied by the Laws of this Land; and upon such Conveyance and Conveyances made, the said Creditor and Creditors, then Heirs, Executors, Administrators or Assigns, shall acknowledge Satisfaction upon Record, or otherwise release and discharge such Judgements, Statutes, Recognizances, Mortgages and other Incumbrances respectively, as the Council of the said Trustees and for the Commonwealth shall direct and advise: And such Ac knowledgement, Release and Discharge shall be good and effectual in Law to discharge the said Debts and Incumbrances, as against the residue of the said Lands intended to be sold by this Act, Any Law, Statute or Usage to the contrary in any wise notwithstanding.