November 1653: An Act for the Deafforestation, Sale and Improvement of the Forests and of The Honors, Manors, Lands, Tenements and Hereditaments within the usual Limits and Perambulations of the same. Heretofore belonging to the late King, Queen and Prince.

November, 1653

[22 November, 1653.]

The Parliament of the Commonwealth of England, considering it to be their Duty to Assert and Maintain the Honor, Liberty and Safety of this Nation against all attempts whatsoever from abroad or at home; and considering likewise, that such Undertakings do unavoydably draw with them great Expence of Treasure; and being equally sensible, with the good people of this Commonwealth, of the Pressures, and Exhaustings they have layen under, during the time of their conflict for their just Rights and Liberties; and desiring by all means to give what ease possible the necessity of Affairs will permit, which in this conjuncture are in that condition, That they do require the supply of very great Sums of Money to carry them on, the which can be raised by no way with more Advantage to the Publique, then by the Deafforestation, Sale and Improvement of the Forest Lands; Do therefore Enact and Ordain, And be it hereby Enacted and Ordained by this present Parliament, and the Authority thereof, That all Forests, and all Honors, Manors, Lands, Tenements and Hereditaments, within the ordinary and usual Precincts, Limits and Perambulations of the same (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 unto Henrietta Maria the Relict of the said King; or unto Charls Stuart their eldest Son, either as Prince of Wales, Duke of Cornwal, Earl of Chester, or otherwise belonging to them or any of them; and which were in the actual Seisin of them, or of their or any of their Tenants, Agents, Servants, Trustees, Officers and Ministers, in their right or for their use, or in trust for them or any of them, on the Five and twentieth day of March, One thousand six hundred thirty and five; And all Royalties, Privilledges, 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, Queen, or their said eldest Son, or by any of them, or by any other person or persons lawfully claiming from, by or under them or any of them, Shall be, and are hereby vested in the real and actual Possession and Seisin of Edward Cresset, William Web, Josias Berners, John Parker, Henry Pit, Robert Aldworth and Francis Mussenden, Esquires; and for the use and purposes herein expressed, To have and to hold the premises to them and their Heirs and Assigns, under the Trust in this Act declared, and to be holden of the Manor of East Greenwich, in free and common Soccage, by Fealty for all ser vices: Saving always notwithstanding, to all and every person and persons, Bodies politique and corporate, their Heirs, Successors, Executors and Administrators (other then the late King, Queen, and their said Son, their or any of their Heirs, Executors and Successors, and all claiming from, by or under them or any of them, to their use, or in trust for them the said King, Queen and Prince, concerning onely such trust or use for them or any of them, and so much of the state of the premises as is lyable to such use and trust) 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 Five and twentieth day of March, One thousand six hundred forty and one, other then by vertue or in right of the Custody of the said Forests or any of them, or any office belonging to any of the said Forests; the exercise whereof is now ceased, or which by vertue of this Act, or any thing therein contained, shall cease to be of further use.

And it is hereby further Enacted, That the said Trustees, their Heirs and Assigns, shall have, hold and enjoy the premises, free and discharged from the payment of and from all maner of Tithes, in as large and ample maner, as the said King, Queen, and their eldest Son, or either of them respectively held, or ought to have held the same on the said Five and twentieth day of March, One thousand six hundred forty and one.

And forasmuch as the Inclosing and Improving of the said Forests will tend very much to common good and publique advantage; And to the end that all persons who have a lawful Right in any part of the premises, may have competent satisfaction for their respective Interests; and that such poor (Living or Bordering upon the said Forests) as are not able by work or otherwise, to maintain themselves and Families, may be in a good measure provided for; Be it therefore further Enacted and Ordained by the Authority aforesaid, That where any person or persons, or the Inhabitants of any City, Town, Hamlet or Village, do lawfully claim any Common of Pasture, Estovers, Pannage, Turbury, or other Profits, Rights and Advantages, Aprendre in or upon the premises or any part thereof, and shall by themselves or by some other on their behalfs, put in and prosecute their said Claims, according to such Summons and Directions, as shall be hereafter given and published by the said Trustees or any four or more of them; That then and in all such cases, it shall and may be lawful for the said Trustees, or four or more of them, to hear, examine upon Oath (which in all things relating to the due execution of this Act, or any part thereof committed to their Trust, they are hereby authorized to administer) and determine all such Interests so claimed: And to alow to all persons, Townships or Corporations, their just and lawful Rights, Priviledges and Advantages, by setting forth to them or any of them, such a proportion of the premises, as they the said Trustees or four or more of them shall in equity judge to be answerable to the respective Rights and Interests clearly made forth and proved to them; so as all Timber Trees, and other Trees standing or being upon any part of the premises so set forth (over and above such as shall be alowed by the said Trustees as a part of the said Interests) shall be valued by direction of the said Trustees, and sold for the benefit of the Commonwealth as the rest of the premises by this Act are appointed to be sold.

And if any person or persons, Body Politique or Corporate, or the Inhabitants of any Township or Village, shall neglect to make their said Claims, by the space of Thirty days to be accompted from such time as publique Summons shall be Given by the said Trustees, according to their Instructions hereafter mentioned; then and from thenceforth every such person or persons, their Heirs and Assigns, shall be for ever debarred from laying any claim, or receiving any Priviledge or Advantage out of that proportion of the premises, which (after Alowances made to all persons claiming within the said time) shall be set forth by Order of the said Trustees or four or more of them, to be disposed of to the benefit of the Commonwealth. Nevertheless, such person or persons, not claiming before the Trustees as aforesaid, shall and may demand, prosecute and receive their respective Rights, Interests and Shares, which shall lawfully be due to them; either out of such proportion as the said Trustees shall order to be set forth for all such Rights and Priviledges in general, in lieu of the Claims made to the whole Forest wherein such person or persons claim a priviledge; or out of such a proportion as shall be so set forth, for the Rights, Priviledges and Advantages of that particular Corporation, Township or Village with whom such person or persons ought to have claimed.

And be it also hereby Enacted and Ordained, That the said Trustees or any four or more of them, shall be, and are hereby authorized (out of such proportion or proportions as they shall alow to any person or persons, for or in respect of any such Interest claimed within time as aforesaid) to appoint and set forth such a competent number of Acres, to be severally Inclosed from the rest of the Ground (so alowed by the said Trustees) for the use of the poor of that Town, Village or Division where such alowance or alowances shall be made, as shall appear to them the said Trustees or four or more of them, to be equivalent to the quantity of Ground so alowed, compared with the quality of the poor in or near the same residing; which Ground shall be called, The Poors Ground: and shall be disposed of by the Justices of the Peace, at the General Sessions for the County where such Ground shall lie, to the use and advantage of such Poor onely.

And it is further Enacted and Ordained, That every such proportion or proportions of any part of the premises set forth by the said Trustees or four or more of them, in lieu of the respective Interests claimed within time as aforesaid, shall and may be hedged, ditched, fenced, improved and enjoyed (for ever free from all Forest Laws) to the sole and proper use of the persons to whom the same shall be adjudged and alowed: And the Commonwealth, and all persons claiming by, from or under the same, shal be for ever debarred from making any claim to, or receiving any benefit from any such part, parcel or parcels, proportion or proportions of Ground whatsoever: And the remaining part of the said Forests, shall by order of the said Trustees or Four or more of them, be forthwith exposed to sale according to the contents of this Act; and shall or may be fenced, hedged, ditched, improved and enjoyed (for ever free from all Forest Laws, and from all Common of Pasture, Estovers, Pannage, Turbary, or other Profits, Rights and Advantages, heretofore taken or alowed thereon) by every several and respective Purchaser thereof, or any part thereof, to his or their best advantage respectively; And all other persons shall be from thenceforth for ever debarred from making any further Claim and Demand, to any part or parcel thereof.

Provided nevertheless, That in case any proportion or proportions of Ground set forth by the said Trustees or four or more of them, in lieu of all Claims for Common of Pasture, Estovers, Pannage, Turbary, or other Profits, Rights & Advantages as aforesaid, shall not be fenced, divided and made several by the party or parties to whom the same shall be so alowed, or by some others, according to the direction and agreement of them, or the major part of them concerned therein, within two years from the time that the said Trustees or four or more of them shall signifie to any person or persons, their deputed Attorney or Attorneys, what proportion they the said Trustees will alow in lieu of the Claims aforesaid; That then it shall and may be lawful for the said Trustees, or the Surveyors of them, to appoint a fourth part of such Grounds as shall be then uninclosed and undivided, or continued in common, (the Poors Ground excepted) to be distinctly surveyed, returned and sold to the Benefit and Advantage of the Commonwealth, as is directed in the Sale of the rest of the premises by this Act appointed to be sold, Any Clause in this Act to the contrary notwithstanding.

Provided moreover, That all such pieces or parcels of Ground, Messuages, Lodges, Lands and Tenements, with their and every of their Appurtenances, as within the several Perambulations of any of the said Forests have been, or are held by vertue of Letters patents from the late King, Queen or Prince, or any of their Predecessors, for a Term of years or lives under an annual Rent reserved thereupon; or have been inclosed from any part of the said Forests for the space of Five years next before the said Five and twentieth day of March, One thousand six hundred forty and one, (though the Fences thereof have been since that time thrown down) shall not be accompted as part or parcel of the Lands and premises to be divided and set forth as aforesaid; but shall be sold as in possession of the Commonwealth, or as a Reversion after such lawful Estate or Estates as shall appear to be in being upon any of them respectively, Any Clause or Proviso in this Act to the contrary notwithstanding.

Provided further, That all persons whatsoever claiming an Estate or Interest in any part of the premises, by vertue of Letters patents from the late King, Queen or Prince, or any of them, or the predecessors of them or of any of them, for which any annual Rent or Rents is or ought to be answered, shall make their claims to the respective Surveyors of such part of the premises, when the said Surveyors shall be upon the place, or before they shall deliver in the survey or surveys, wherein such part of the premises shall be comprehended, that so the said Surveyors may take care to insert their claims, and alow their respective Estates (if they shall be satisfied of the justness thereof) according to the intent of this present Act; And if such person or persons claiming as aforesaid, shall neglect to make their said claims to the said Surveyors, or shall not have their respective Estates alowed by the said surveyors upon the survey or surveys thereof; then the said person or persons shall enter and prosecute their said claims, and get alowance thereof from the said Trustees or four or more of them, within Thirty days from the return of such survey or surveys, wherein the premises unto which they claim shall be returned, or else shall forfeit his or their respective Estates to the use of the Commonwealth, and be from thenceforth for ever debarred from making any claim to the same.

Provided moreover, That every person or persons which hold, or ought to hold any part or parcel of the premises in Severalty, by vertue of any Letters patents made to him or them for any Term unexpired, in right whereof he or they have or ought to have a lawful Interest unto Common of pasture, in or upon any part of the premises, shall have liberty, and are hereby enjoyned to make their claims to the said Common of pasture, Estovers, Pannage, Turbary and other Profits, Rights and Advantages as afore said, (distinct from their respective claims to the premises, so held or ought to be holden by them in severalty) and shall have alowance thereof from the said Trustees or any four or more of them accordingly: And the proportion or proportions so alowed to them, shall and may after such Alowance, be fenced, inclosed and enjoyed by them during the respective terms for which they hold the premises, whereunto the said Interest of common of pasture, Estovers, Pannage, Turbary and other Profits, Rights and Advantages as aforesaid shall be alowed as aforesaid: And the said alowed proportion or proportions shall also be surveyed and returned with the rest of the premises under grant as aforesaid, and shall be sold as a Reversion after such term or terms as shall be found to be unexpired therein.

And be it also hereby Enacted and Ordained, That in all cases where any Estate of Inheritance (lying within the limits and bounds of any the said Forests shall upon the claiming and prosecution of the said claim, be found to be the proper Soyl of the person or persons so claiming, The said Trustees or any four or more of them shall have power, and are hereby authorized and enabled to treat with such person or persons, and to compound with him or them, their Attorney or Attorneys, at such rate or rates as the said Trustees shall think fit for the Deafforestation of the said premises; and the composition or agreement of the said Trustees, certified under the hands and seals of any four or more of them, together with the Receipt of the Treasurers, for so much Money as shall be specified in the said agreement, shall be sufficient to discharge the premises so compounded for, from being liable to any Forests Laws from thenceforth and for ever.

And forasmuch as there is absolute necessity of preserving a competent Quantity of Timber, Fitting for the use of the Navy belonging to this Commonwealth, Be it Enacted and Ordained by the Authority aforesaid, That the said Trustees or any four or more of them, shall give in charge to the respective Surveyors of the premises, to take especial notice of all thriving Timber of Oak or Elm, as shall be found growing upon any part of the premises to be surveyed by them, and to certifie distinctly in each survey of the premises, where any such Timber shall grow, the number of such Trees respectively, and how many loads of clean Timber there is in the said Trees, and of what value the Lop and Top and Bark of such Trees are, and how far the place where the said Trees do grow, is from the nearest part of any navigable River, and also what price by the load such timber is then worth upon the place. Upon consideration of all which, the said Trustees or any four or more of them, shall and may in their respective Sales of any part of the premises, wherein such Timber shall be certified, order and appoint how many Loads of Good and serviceable Timber the Purchaser or Purchasers of the respective premises, or some others on his or their behalf, shall deliver at such time and place as the Councel of State for the time being shall hereafter direct and appoint, and shall make abatement thereof in a valuable proportion out of the premises to be purchased accordingly: Which being consented to by the said Purchaser or Purchasers, signified by his or their Signing the said Contract, the said Trustees shall take care to charge the Lands so purchased, by a distinct Instrument from the Conveyance of the premises, Sealed at the same time, or otherwise accordingly.

And for that great Spoils, Wastes and Incroachments, have of late time been made upon a great part of the premises comprehended in this Act, to the Commonwealths excessive Damage; Be it further Enacted, Ordained and Declared by the Authority aforesaid, That the said Trustees or any four or more of them, shall have full power and authority, and are hereby authorized. impowred and enjoyned, to make enquiry into all Spoils, Wastes, Purprestures, Assarts, and other Incroachments made within any of the said Forests since the said Five and twentieth day of March, One thousand six hundred forty one, committed and done, either by the connivance or license of the respective Officers in chief Authority within any of the said Forests, or by the unfaithfulness or manifest neglect of any person or persons imployed under such chief Officer or Officers or any of them: or by any other person or persons not concerned in any such Trust, upon any part of the premises hereby appointed to be sold, by any Unlawful and Unwarrantable way or means whatsoever: And where the persons who shall be proved to have made, suffered or committed any such wastes, Spoils or Incroachments, shall not be found to have a lawful Interest to any part of the premises; or where the proportions to be alowed to such person or persons respectively by the Trustees for any such Interest, shall not countervail the damage made, suffered or done by them or any of them.; The Trustees or any four or more of them, are hereby required to seize the respective proportions so to be alowed to them or any of them, and dispose of the same by sale to the use of the Commonwealth, in such manner as they are directed in the sale of the rest of the premises, which shall be set out for the Commonwealth solely: And to make report of such damages, where no Interest in the premises shall be due to the parties who have made, suffered or committed the same; and of the overplus of such damages (where they have seized any such proportion) to the Parliament, within three Moneths from the time the same shall be fully and clearly proved before them.

And be it further Enacted and Ordained, That the said Trustees shall have power and authority to make, nominate and appoint from time to time, by writing under the Hands and Seals of any four or more of them, fit and able persons, such as they shall think meet, to Survey the premises in any County or Counties of England or Wales; who are hereby enabled and authorized (if need be) to keep Courts of Survey, for the better discovery of the premises and the value thereof, and other things concerning the same: And who are hereby also authorized and enabled to enter in and upon the premises or any part thereof; and of the same, or of so much thereof as shall be given them in charge from the said Trustees or any four or more of them, to make exact and perfect Surveys, according to their best skill and knowledge.

And all Surveys made and signed by them or any two of them, and returned by them in such maner as is hereafter directed, shall be good and authentique to be further proceeded upon, according to the intent of this Act: And the said Surveyors or any two or more of them, are hereby Impowred to administer an Oath to any person or persons, for the better discovery of the Commonwealths Interest in and to the premises or any part thereof; and shall all and every of them, well and truly observe and keep the Instructions hereafter mentioned, Entituled, Instructions for the Surveyors; and shall also observe and pursue all such other Instructions and Directions, as they shall from time to time receive from the said Trustees or any four or more of them: And all Sheriffs, Majors, Bayliffs, Justices of the Peace, and other persons, both Military and Civil, are hereby required to be ayding and assisting to the said Surveyors or any of them, in the due execution of this Act.

And it is further Enacted, That the said Trustees or any four or more of them, are hereby authorized and required to administer to all and every the said Surveyors (who are enjoyned to take the same) an Oath in these words; viz.

I A. B. do swear, That I will, by the help of God, faithfully and truly, according to my best skill and knowledge, execute the place of Surveyor according to the purport of the Act, Entituled, An Act for the Deafforestation, Sale and Improvement of the Forests: And of the Honors, Manors. Lands, Tenements and Hereditaments, within the usual Limits and Perambulations of the same, heretofore belonging to the late King, Queen and Prince; And shall use my best endeavor and skill to discover the Estate herein mentioned, and every part thereof which shall be given me in charge, and to finde out the true values and improvements thereof, and thereof shall make true Surveys according to my best skill and cunning; and the same from time to time shall deliver or cause to be delivered in writing, close Sealed up, unto the Register for the time being in that behalf appointed; and also a true Copy or Duplicate thereof, close Sealed up, unto the said Trustees or any two or more of them; and this I shall justly and faithfully execute, without any Gift or Reward, or hope of Reward, directly or indirectly, from any person or persons whatsoever (Except such Alowances as the said Trustees or four or more of them shall think fit to make unto me, for my pains and charges in the executing of the said Place and Office.)

Instructions for the Surveyors.

I.

The said Surveyors shall not fail to give notice in writing to all Owners or immediate Tenants, of any part of the premises; or in his or their absence, to his or their Under-tenant or Undertenants, the Occupier or Occupiers of the premises to be surveyed by them, of the time (so near as they can Guess) when they intend to return the survey or surveys, wherein the premises held by such owners or immediate tenants shall be certified, and to signifie therein at what place or places they the said Surveyors may be found within that time, that so all persons concerned may repair to them accordingly.

II.

The said Surveyors shall endeavor to make their respective surveys as perfect as may be, for the better proceeding thereupon; yet shall not make an absolute alowance of any Estate or Estates in any part of the premises contained in this Act, (claimed by Letters patents for Lives or Years under an annual Rent) to any person or persons whatsoever, unless the original Grant by which such person or persons do claim, be produced to them, and that they be fully and clearly satisfied therein: But in all other cases or dissatisfactions, they shall (in the respective surveys returned by them) certifie the claim or claims made before them, and leave the determination thereof to the person or persons appointed by this Act to that purpose.

III.

The said Surveyors shall in their respective surveys of any part of the premises unfenced, which already is, or upon division hereafter shall be in the present possession of the Commonwealth, ascertain how much of the outmost fence of every division shall be made at the charge of the purchaser or purchasers of that division, and how much thereof shall be made at the charge of such person or persons as shall purchase any other of the divisions adjoyning thereto, and shall in their valuation have respect to the said charge accordingly, that thereby all occasion of Difference among purchasers, in fencing any part of the premises, may be avoided.

IV.

The said Surveyors shall carefully observe, keep and put in execution, all such further Directions and Instructions as they shall from time to time receive from the Trustees named in this Act, or any four or more of them, relating to the performance of the Trust by this Act in the said Trustees reposed.

And the said Trustees or four or more of them, are hereby authorized from time to time to call to accompt any Surveyor or Surveyors, or other Officer or Officers by them named and appointed, and if they shall finde them or any of them deficient, negligent or unfaithful in pursuance of the Duty or Trust in them reposed, by unnecessary delay or otherwise, then they shall or may remove them or any of them which they shall finde so deficient, negligent or unfaithful, and nominate and appoint others in their stead; And if it shall appear to the said Trustees or any four or more of them, by good and sufficient proof, that any Surveyor or other Officer, at any time imployed by them or any four or more of them, in any business relating to the execution of this Act, or of anything therein contained, shall wittingly and willingly act unfaithfully, to the prejudice of the Commonwealth, then every such Surveyor or Officer shall not onely lose all such Moneys as shall then be due to him or them for his or their former service (which the said Trustees are hereby required to defalk), but shall make good such further Damage as shall accrue to the Commonwealth by reason of any such unfaithful dealing, out of his or their own proper Estate or Estates.

And it is further Enacted, That the said Trustees or any four or more them, are hereby authorized to take unto them such Councel learned or others, to advise upon the premises; and to appoint such Stewards of Manors, and other Officers for or concerning the premises, as they or four or more of them shall think necessary; and to give Fees, and make such Allowances to them or any of them, and for all incident charges belonging to the Disposition and Sale of the premises, as they shall hold fit and necessary; and to make Warrants to the Treasurers hereafter named for payment of the same, who are hereby required to pay the same accordingly: And further, to give such Directions and Instructions to the Surveyors and all other Officers herein imployed, as shall be necessary, for the more speedy and better carrying on of this service: And the said Trustees or any four or more of them, are hereby Impowred to authorize any person or persons, under their hands and seals, to search in any Office of Record within this Commonwealth, amongst the Records there remaining, for all such matters and things as may concern the clearing of any doubt that shall arise about the premises or any part thereof; which person or persons so authorized, shall and may have liberty to take Notes or Copies of all such Records as he shall judge necessary, without paying any Fees for the same; And all Officers belonging to any such Court of Record, are hereby enjoyned to take notice hereof, and to assist, permit and suffer the same accordingly.

And for the better encouragement and security of such person or persons as shall be purchasers of the said premises or any part thereof, Be it Enacted and Ordained by the Authority aforesaid, That the said Edward Cresset, and other the persons before named as Trustees, the Survivor and Survivors of them, and the Heirs of the Survivor of them shall stand and be seized of all and singular the said premises by this Act appointed to be sold, vested and setled in them and their Heirs, until the Estate and Conveyance thereof shall be made unto any person or persons, Body politique or corporate, as shall be purchaser or purchasers thereof, or of any part thereof; And shall take all the Rents, Revenues, Issues and Profits arising upon, or issuing out of the premises of any part of them, that shall at any time hereafter become due and payable, until Sale shall be made of the same, to the uses, intents and purposes herein declared.

And it is further Enacted, That the said Edward Cresset, William Web, Josias Berners, John Parker, Henry Pit, Robert Aldworth and Francis Mussenden, or any four or more of them, shall have Power and Authority, and are hereby Impowred and Authorized to treat, contract and agree with any person or persons, Body politique or corporate, for the sale of the premises (herein or hereby appointed to be sold) or any part thereof, upon such particular or particulars as shall be delivered in unto them under the hand of the Register, hereafter by this Act nominated and appointed, or his Deputy respectively.

And it is further Enacted, That the said Trustees named in this Act, shall take the Oath hereafter expressed, before the Speaker of the Parliament for the time being; viz.

I A. B. do swear, That I will, according to my best skill and knowledge, faithfully discharge the trust commited unto me, in relation to an Act of Parliament, Entituled, An Act for the Deafforestation, Sale and Improvement of the Forests; and of the Honors, Manors, Lands, Tenements and Hereditaments within the usual Limits and Perambulations of the same; heretofore belonging to the late King, Queen and Prince: And that I will not for Favor or Affection, Reward or Gift, or hope of Reward or Gift, break the same.

And be it further Enacted by the Authority aforesaid, That the said Trustees or any four or more of them, shall have power and authority, and are hereby impowred, authorized and required to convey the premises or any part thereof, by Bargain and Sale inrelled according to the Statute, or otherwise by Good and sufficient conveyance and assurance in the Law to any person or persons whatsoever, according to such contract or contracts as shall be made by the said Trustees or any four or more of them; And that all Bargains of Sale, Conveyances and Assurances made of any Estate or Estates, according unto such contracts as shall be agreed upon between the Purchaser or purchasers, and the said Trustees beforenamed, or any four or more of them, shall be good and effectual in Law to all intents and purposes: And every Purchaser or Purchasers of the premises or any part thereof, his or their Heirs and Assigns, shall have, hold and enjoy the premises that shall be by him or them purchased, discharged of all Trusts and Accompts whereunto the said Trustees are or may be liable by vertue of this present Act; And of all Suits and Questions that may arise or be moved by reason of any under-valuation of any part of the premises, in any survey or surveys thereof; and of all other Claims and Demands whatsoever, and of all Incumbrances made by the said Trustees, or by any claiming under them or any of them; And that the said premises shall not be liable unto, but stand and shall be free 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; other then such Conveyances and Assurances as shall be by them had, made, done or suffered in performance and pursuance of the Sales and Contracts respectively made, according to the intent of this present Act.

And if any Action shall be brought against the said Trustees, or any other Officer or Officers appointed by this Act, for any Act done by them or any of them in execution of this Act, or any the Instructions unto which this Act doth relate, or against any Purchaser or Purchasers of any the premises hereby appointed to be sold, his or their Heirs or Assigns; Then he or they are hereby enabled to plead the General Issue, and to give this Act in Evidence; and if a Judgement pass for them or any if them, they shall recover double Costs.

And it is further Enacted, That if any Purchaser or Purchasers of the premises herein appointed to be sold, or any part thereof, his or their Heirs or Assigns shall hereafter be evicted out of all or any part of the premises so purchased by him or them; That in such case the said Purchaser or Purchasers, their Heirs or Assigns so evicted, shall have full and due satisfaction, recompence and alowance made to him or them for the moneys paid, advanced, alowed and defalked for the said Purchase, according to the Directions in this Act contained: And that if any Purchaser or Purchasers shall make it appear to the said Trustees or any four or more of them, by Record or proof upon Oath of two sufficient Witnesses at the least (which the said Trustees or any four of them are hereby authorized to administer, and likewise to send for parties, Writings and Witnesses touching the premises) That the premises contracted for or conveyed, are subject and lyable unto any Estate, Charge or Incumbrance not mentioned in the survey of the premises (which Estate, Charge or Incumbrance hath been claimed within the time appointed by this Act for making such Claims, in such maner as is therein directed) or that the premises purchased by him or them were not the Manors, Lands, Tenements or Hereditaments, or parcel of the premises appointed by this Act to be sold and conveyed; That then the said Trustees or any four or more of them, are hereby authorized to hear, examine and determine the same: And to allow unto such Purchaser or Purchasers, by way of Reprize, so much as the said Estate, Charge or Incumbrance proved as aforesaid shall appear to be; and shall issue out their Warrant or Warrants to the Treasurers appointed by this Act, to defalk and alow the same unto such Purchaser or Purchasers accordingly: And where the said Trustees or any four or more of them, shall be satisfied as aforesaid, That the premises contracted for were not part or parcel of the Forests or Lands appointed by this Act to be sold; The said Trustees shall and may, and are hereby authorized to discharge such purchaser or purchasers of his or their Contract respectively. And in case (where any purchaser or purchasers hath paid in the first moyety of his or their Purchase-money, or hath perfected his or their Conveyance) it shall appear to the said Trustees or any four or more of them, that the premises so purchased by him or them are no parcel of the Lands by this Act appointed to be sold; That then the said Trustees shall give Warrant to the Treasurers to deliver to such Purchaser or Purchasers (in case there be sufficient of the premises unsold to satisfie him or them) new Bills or Receipts, proportionable to such other Bills or Receipts as he or they have discharged or defalked upon any such Purchase so made by him or them; and shall admit such purchaser or purchasers to treat and contract with them the said Trustees, or four or more of them, for any part of the Lands and premises hereby appointed to be sold, and then uncontracted for, as shall amount to the value of his or their former purchase, according to the same Rates the said former purchase was made and rated to him or them: But in case there shall not be sufficient of the premises unsold to satisfie such Purchaser or Purchasers, Then the said Trustees shall issue out their Warrant to the Treasurers appointed by this Act, to repay such Purchaser or Purchasers his or their Purchase-money, out of such monies as shall then be in their Treasury, or out of the next monies which shall come in to the same; and the said Warrant, together with the receipt of the party or parties to whom the same is made and Granted, shall be a Good and sufficient discharge to the said Treasurers for the payment thereof.

And it is also hereby Declared, That if any doubt or difference shall arise among the Officers or other persons imployed in or about the premises; The said Trustees or any four or more of them, upon information thereof, shall call before them such person or persons, and shall hear, examine, settle and determine the same; and such determination as they shall make, shall be the Rule by which such person or persons shall proceed therein: And in all cases where the said Trustees shall not be fully satisfied concerning the powers granted to them by this Act, or shall have any new matter brought before them relating to any part of the premises therein contained, for the determination whereof no clause in this Act hath sufficiently provided, whereby they may be obstructed in their proceedings, The said Trustees or any four or more of them, shall from time to time address themselves to the Parliament, for their determination therein.

And be it Enacted and Ordained, That the aforesaid Trustees or any four or more of them, shall duly perform, keep and put in execution all and every the Instructions hereafter mentioned, Entituled, Instructions for the Trustees: And shall also observe and pursue such further Instructions and Directions as they or any four or more of them shall from time to time receive from the Parliament, or such as shall be by them authorized thereunto.

Instructions for the Trustees; viz.

I.

The said Trustees or any four or more of them, shall within Thirty days after the passing of this Act, send forth a Summons for all persons who pretend to any Interest in the Forests of Windsor and Waltham, to put in their Claims, either by themselves or by some others on their behalf, to the said Trustees at their usual place of sitting, within Thirty days after publication of the said Summons; which Summons shall be openly published in every chief Town or Market Town within the said Forests, and in every chief or Market Town within three Miles of the utmost perambulations thereof, and all in one week, between the hours nine in the morning, and five in the afternoon.

II.

The said Trustees shall proceed to do the like with all convenient speed, in all other the Forests comprehended in this Act, taking care that Appearances and Hearings may be upon several days; and that all persons attending may be dispatched in course, with the soonest and best conveniency.

III.

The said Trustees shall appoint in what maner all Claims concerning any Right or Rights to any part of the premises, shall be made and prosecuted: And shall send such a Direction printed or in writing (for the benefit of all persons concerned) to the chief Officer of that Town or place where the Summons beforesaid shall be published; wherein they shall give Liberty to any person or persons, or to the major part of any Corporation, Town, Hamlet or Village, to make or appoint under their Hands and Seals, one or more lawful Deputy or Deputies, Attorney or Attorneys, to enter and prosecute their said claims accordingly.

IV.

The said Trustees shall forthwith upon the passing of this present Act, take care that no further waste or spoil be made of any the Timber, Woods, Trees, Lodges, Buildings, or any other things belonging to the Commonwealth, within any of the said Forests, or within the Limits, Bounds and Perambulations of any of them.

V.

The said Trustees shall (before the inclosing of the said Forests or any of them) provide, That convenient and fitting High-ways be set forth, to lead as well through any the Proportions alowed by the said Trustees to any person or persons whatsoever, as through any the Proportions and Divisions wherein the Commonwealth shall have an Interest onely.

VI.

The said Trustees shall appoint one or more of their Officers to demand, require and receive all Records, Charters, Deeds, Books, Accompts, Rolls, Writings and Evidences that concern the premises or any part thereof, to the end that they may be put in such safe place as the said Trustees or four or more of them shall order and direct; And all persons in whose custody the said Records, Charters, Deeds, Books, Accompts, Rolls, Writings and Evidences now are or shall be remaining, are hereby required to deliver all and every of them accordingly.

VII.

The said Trustees shall forthwith, upon the receipt of the Duplicate of all or any the Surveys returned to them by the respective Surveyors of the premises or any part thereof, transmit the same to the Surveyor-General, to be by him or his Deputy examined and signed, and after such examination and remitting of the same, shall commit them to safe keeping for their use onely; and shall forbid all Officers of theirs to make any Copies of the said Surveys or any part of them, without special direction therein given from themselves or any four or more of them.

VIII.

The said Trustees shall not sell any part of the premises by this Act appointed to be sold, which shall be in present possession of the Commonwealth, under Fourteen years purchase, nor any part thereof which shall be a Reversion after seven years, under Seven and a half years purchase; after fourteen years, under Four and a half years purchase; after one and twenty years, under Three years purchase; nor any part thereof which shall be a Reversion after one Life, under Seven years purchase; after two Lives, under Four years purchase, after three Lives under Two and a half years purchase, and so proportionably for a greater or lesser term: And all such things as shall be valued by the Surveyors in a Gross sum, they shall sell to the best Advantage of the Commonwealth; but not under such a value or values respectively, unless in the case of Abatements for Timber, to be imployed for the use of the Navy, as is before in this Act directed.

IX.

The said Trustees shall not sell any part of the premises, which shall be certified by the respective Surveyors thereof, to be under Grant for any term of Lives or Years then unexpired, under a Rent reserved thereupon, to any other then the immediate Tenant or Tenants to the respective premises, until Thirty days after the return of the Survey or Surveys, wherein such an Estate or Estates is certified.

X.

The said Trustees shall not pass or seal a Conveyance of any part of the premises to any person or persons whatsoever, before such time as the whole Purchase-Money due for the same be fully paid and satisfied; but they the said Trustees shall or may, upon the payment of the first moyety of any purchase (if the Purchaser desire the same) appoint some person or persons to manage the premises so sold, he or they so appointed being accomptable for the Issues and Profits of the said premises, to the benefit of the Commonwealth, in case the second moyety of the said Purchase be not paid and satisfied in such maner and by such time, as upon the contract thereof is agreed.

XI.

The said Trustees shall (before they do expose any part of the premises to sale) cause to be set up in some open and publique place, within the house where they shall usually sit, a paper of Instructions or Directions to every purchaser of any part of the premises (with the respective Fees to be paid by them) for their more methodical proceedings through the several Offices, necessary for them to pass in the compleating of their Purchases, or any of them respectively.

And for the more regular proceeding in the Sales appointed by this Act, Be it Enacted and Ordained by the Authority aforesaid, That Ralph Hall Gent. shall be Register, Surveyor-General, and Keeper of all Original Surveys of the premises or any part thereof; And shall by himself or his sufficient Deputy, examine all such Surveys returned to him by the respective Surveyors of any part of the premises, together with the Duplicate of each Survey transmitted to him from the Trustees; and upon examination of them or any of them, shall and may make such Notes or Memorandums in the Margents of the said Surveys and Duplicates respectively, tending to the clearing of any clause or matter dubiously or imperfectly certified therein, as he shall finde cause to do; and after such Examination, shall sign the said Surveys and Duplicates, and shall within Four days after the receiving of the Duplicate of any Survey from the said Trustees, remit the same so signed to the said Trustees, or to the Officer appointed by them or any four of them to receive the same: And the said Register, and Surveyor-General or his Deputy, is hereby Impowred at any time after the return of the Duplicate of any Survey signed as aforesaid (upon Order from the Trustees granted at the desire of any person or persons, to treat for any part of the premises signified to him under the hand of the Clerk of the Contracts, which shalbe chosen by the said Trustees or any four or more of them) to make out a Particular or Particulars of the premises so desired; which Particular or Particulars he the said Register or his Deputy shall examine by the Original Survey in his custody; and if he finde the same to agree therewith, he shall sign the said Particular or Particulars, and bring them before the said Trustees or any four or more of them, at the time appointed by the said Trustees order, to be proceeded upon accordingly: And after every contract or contracts made upon any such Particular or Particulars, the said Clerk of the Contracts (having examined the same, with any two or more of the said Trustees) shall draw up an Order of Contract thereupon; which Order of Contract (together with the Particular or Particulars unto which the said Order doth relate) shall be by him the said Clerk of the Contracts, delivered to the said Register or his Deputy, who is hereby required forthwith to rate the said Particular or Particulars, according to the Agreements, Conditions and Proviso's in the said Order of Contract mentioned: And every Particular so rated by him, the said Register or his Deputy shall sign, and bring before the said Trustees, to be by them or any four or more of them examined and signed; and after such examination and signing, the said Register or his Deputy shall cause the same to be entred and registered in his Office, and shall deliver the Original Particular or Particulars (with an Attestation of the Entry thereof) to the said Trustees, or to such Officer as they or any four or more of them shall appoint to receive the same, to be further proceeded upon, in such maner as the said Trustees or any four or more of them shall direct. And the said Register, Surveyor-General, and Keeper of all Original Surveys of the premises or any part thereof, and his Deputy, shall also further observe and pursue the Directions and Instructions here following, Entituled, Instructions for the Register and Surveyor-General, viz.

Instructions for the Register and Surveyor-General.

I.

The said Officer or his Deputy, shall weekly or oftner, certifie to the Trustees, what Surveys and Certificates are returned to him, and shall as often post up (in some open place near the room where the said Trustees do usually sit) the Titles of all such surveys, and the times of their respective returns.

II.

He or his Deputy shall weekly make Certificates to the Treasurers, and to the Register-Accomptant appointed by this Act, of all rates of Particulars, and of all Moneys payable upon any Contract upon any particular, how much thereof is to to be paid in hand, and how much thereof to be forborn, and for what time.

III.

The said Surveyor-General or his Deputy, shall enter and record upon the respective Surveys and Duplicates thereof, all such Interests and Estates, as (not being fully cleared and ascertained in the Surveys of the premises at the time of the return of any such Survey or Surveys) shall afterwards, according to the direction of this Act, be alowed to any person or persons by the said Trustees or any four or more of them.

IV.

The said Officer or his Deputy, with the consent of any three or more of the said Trustees, shall amend (upon due proof made before them upon Oath, or otherwise to their satisfaction) all mistakes in Misnomer or Nonnomer of any person or persons, places or things, and all other Misprisions in miscasting the total of any particular sum of Money, or number of Acres, or such other like mistakes; and shall also make such Amendments in Surveys returned, and insert such general words, or words, of course, in any of the said Surveys, as they shall think fit or necessary, to pass any Estate or Estates to the purchaser or Purchasers thereof, according to the true intent and meaning of the Contracts which shall be made thereupon: Provided, That nothing valuable and not intended in the said Contract, be inserted without a value put thereon; and that no Reprize be at any time after alowed or made to any person or persons in consideration of the non-enjoyment of anything so inserted, without a distinct value then put thereon by the persons aforesaid.

V.

The said Officer or his Deputy, shall particularly sign all things inserted into any Survey or Duplicate thereof, after the first Examination of the same, and shall upon all occasions make each Survey and Duplicate thereof to agree; neither shall any person or persons whatsoever, write, insert or blot out a tittle in any Survey whatsoever, other then as by this Act is appointed.

VI.

The said Register or his Deputy shall take care, that in making forth a Particular or Particulars from any Survey of the premises or any part thereof, there be not left out any material or valuable circumstance returned in the said Survey, relating to the premises so to be made forth; And shall also take like care, that nothing be inserted into any particular or particulars, upon which a Conveyance is to be grounded, but may be sufficiently warranted from the Original Survey, out of which such Particular is or ought to be made forth.

VII.

The said Register or Surveyor-General, and his Deputy respectively, shall (before they execute the said respective Offices) take before any three or more of the said Trustees, the Oath hereafter following, viz.

You shall well and truly execute the Office and place of Register and Surveyor-General, for the Sale and Improvement of the Forests, and of the Honors, Manors, Lands, Tenements and Hereditaments within the usual Limits and Perambulations of the same, according to the Act of Parliament and Instructions in that behalf made; and not for fear, favor, malice or reward, or hope of reward, violate the Trusts in you reposed.

The like Oath Mutatis Mutandis for his Deputy.

And the said Register or Surveyor-General, shall have and receive the yearly Salary of One hundred pounds, payable out of the Treasury, by Warrant from the Trustees or any four or more of them (which they are hereby required to give him) upon the Four and twentieth day of June, and the Five and twentieth day of December, by equal portions; and the Treasurers are hereby authorized to pay the same accordingly; And further, the said Register, Surveyor-General, and Keeper of all Original Surveys of the premises or any part thereof, shall and may take such reasonable Fees for Copying of Surveys, making and rating of particulars and other things, as shall be agreed upon and alowed to him by the Trustees or four or more of them; and a Table of such particular Fees, signed by them or any four or more of them, shall be set up in the said Registers Office (with a like Table of alowed Fees in every Office relating to the disposal of any part of the premises) to the publique view of all persons concerned therein.

And whereas, for the present use of the Navy of this Commonwealth, it is thought fit to raise a considerable sum of Money; Be it therefore Enacted, and it is hereby Enacted, That the Sum of Four hundred thousand pounds shall be borrowed upon the Security of the said Lands and premises hereby appointed to be sold.

And for the Encouragement of such as shall advance any sum or sums of Money for and towards the same, and to the intent they may have notice thereof; it is Declared, That every person or persons, Bodies Politique or Corporate, who have advanced any Moneys, Plate, Arms, Horses, with their Furniture and Arms, upon the publique Faith; or shall have any lawful Bills or Receipts for such Moneys, Plate, Arms, Horses, with their Furniture and Arms, assigned to him or them from the first Advancers of such Moneys, Plate, Arms, Horses, with their Furniture and Arms, or the Executors; Administrators or Assigns of them or any of them, which Bills or Receipts have not been formerly satisfied; That all and every such person or persons, Bodies Politique or Corporate, for every sum or sums of Money he or they shall further lend upon this Act, may and shall be secured the Moneys formerly owing as aforesaid, together with their interests, after the rate of Eight pounds upon every Hundred pounds by the year, for such time as they might lawfully receive the same, and of six pounds upon the Hundred by the year ever since: And all such other sum or sums of money, which he or they shall advance towards the raising of the Four hundred thousand pounds aforesaid, by way of doubling the aforesaid Publique Faith and the Interest thereof, shall be secured unto him or them as is hereafter appointed: As for Example If there be owing to any person or persons, Body politique or corporate, the Executors, Administrators, Successors or Assigns of them or any of them, One hundred pounds Principal-money (for which he or they are to have Interest) which, together with the Interest due thereupon for Five years, will make One hundred and forty pounds, he or they advancing One hundred and forty pounds more, may and shall be secured Two hundred and eighty pounds as aforesaid, and so proportionably for a Greater or lesser sum.

And for the more easie and commodious carrying on of the work, The said Trustees are required to publish the set times that they will sit, to receive and alow all such Publique-Faith Bills or Receipts, as by this Act are appointed to be doubled upon: And all such Bills or Receipts so alowed by them or any four or more of them, and Entred in their Book, they shall from time to time transfer to the Register-Accomptant hereafter named, who shall forthwith take care for the exact casting up of the Interest due upon the said Bills or Receipts or any of them; and shall adjust the total sum of Principal and Interest together, due to every particular person or persons, Body Politique or Corporate, that he or they may proceed to Cover the same accordingly.

And be it Enacted by the Authority aforesaid, That William Benson shall be and is hereby constituted Register-Accomptant for the said Service, and shall perform and keep all and every the Instructions here following, viz.

Instructions for the Register-Accomptant.

I.

The said Register-Accomptant shall attend and assist the said Trustees, at such times as they shall sit for alowance of Bills or Receipts as aforesaid, That so upon question of the truth or validity of any Bill or Receipt there tendred, he may give order to search among the Bills or Receipts at any time heretofore doubled, whether the sum therein specified hath not been already alowed and satisfied; and may also, by comparing of Hands with former Bills or otherwise, help towards the discovery of any False Bills or Receipts that may be brought in to be alowed as aforesaid.

II.

The said Register-Accomptant shall, upon the adjusting of any total Sum as aforesaid, enter the same into a Book to be kept by the Treasurers, and shall duly examine each Sum entred therein with his own Book, and shall also sign every Leaf of the said Treasurers Book with his own hand.

III.

He shall safely keep to the use of the Commonwealth, all such Bills or Receipts as shall be satisfied by doubling thereon, and shall not deliver back to any person or persons whatsoever, any Bill or Receipt transferred to him by the said Trustees, upon which the Quick-money hath not been paid, without special Order from the said Trustees or any four or more of them.

IV.

He shall keep a Ledger-Book, wherein he shall carefully discharge the Original Creditors respective Debts, as the new Bills or Receipts respectively given them by the Treasurers appointed by this Act or one of them, shall be defalked or assigned; and also one other Ledger-Book, wherein he shall take like care to discharge all Assignments, as they shall be from time to time defalked and satisfied.

V.

He shall upon Certificate from the Register in this Act named or his Deputy, Avouch the first and second moyety, or the whole of any Purchase-money payable for the premises so certified, by taking in from the Purchaser or Purchasers thereof, such Receipt or Receipts as have been Given by the Treasurers or one of them, for any Moneys doubled upon this Act, or for the remain of any such Receipt where the original hath been taken in by any the said Treasurers, and shall apply the said Receipts and alow the Interest thereon due, together with the ready Moneys paid upon each Contract; and all such Reprizes or Defalcations as shall be made by the said Trustees or any Four or more of them, relating to the premises, to be vouched by him, towards the payment and satisfaction of all such Purchases accordingly; and shall sign every such first or second moyety or whole Purchase, and deliver the fair Vouch-Book so signed by him to the Treasurers, and keep a Copy thereof for his own use, to discharge each satisfied Debt in his Ledgers as aforesaid.

VI.

He shall take in, Examine and Audit, all such Bills or Accompts relating to the charge of the work of this Act, as shall from time to time be transferred to him from the said Trustees or any Four or more of them; and shall state, sign, keep a brief Entry of, and return every such respective Accompt, according to Order therein signified to him, under the hand of the Secretary to the said Trustees.

And it is also Enacted and Ordained, That Charls Doyly and Matthew Sheppeard, Esqs; or one of them, shall be and are hereby authorized and appointed Treasurers, for the receiving and paying of all Moneys appointed to be paid or received by this Act; and shall observe the Directions of this Act relating to the discharge of their place, together with all and every the particulars contained in these Instructions following; viz.

Instructions for the Treasurers.

I.

The said Treasurers or one of them, shall (upon the payment of so much Money, by such a person or persons as shall have his or their Publique-Faith Bills adjusted by the Register-Accomptant aforesaid) give unto every such person or persons, a new Receipt or Receipts, for double so much Money as he or they shall so pay, with Interest for the whole Sum, after the rate of Six pounds for each Hundred pounds by the year, from the Date of the said Receipt or Receipts.

II.

The said Treasurers or one of them, shall upon the alowance of any Receipt or Receipts by the Register-Accomptant in the Vouch-Book, for or towards satisfaction of any Purchase made of any part of the premises, take in the said Receipt or Receipts, and shall also take from the party or parties who shall defalk the same, a discharge for so much Principal and Interest as he or they shall so defalk; and if the Receipt or Receipts tendred by him or them, shall amount to more then the Sum payable for his or their first or second moyety or whole Purchase-money the said Treasurers or one of them (taking in the old Receipt) shall give to him or them a new Receipt, for so much Money as shall be over and above the Sum so payable by him or them, with Interest proportionably.

III.

The said Treasurers or one of them, shall give unto every person or persons who shall satisfie or discharge the first or second moyety, or whole Purchase-money payable for any part of the premises, in such maner as the same ought to be paid, according to the Certificate of the Register or his Deputy made to the said Treasurers, and agreeable to the Accompt thereof vouched by the Register-Accomptant, an Acquittance or Discharge, to be by him or them produced to the Trustees before the sealing of his or their respective Conveyances.

IV.

The said Treasurers shall not pay any part of the Four hundred thousand pounds aforesaid, borrowed or advanced upon this Act (otherwise then is by this Act directed) without special Order from the Parliament, or from Authority derived from them.

And the said Treasurers and Register-Accomptant respectively shall before any Four or more of their Trustees, take the Oath (mutatis mutandis) in this Act appointed to be taken by the Register and Surveyor-General and his Deputy: And the said Treasurers shall have alowed unto them for their Clerks and Tellers extraordinary, in the receiving and paying out of the Four hundred thousand pounds aforesaid, the sum of One hundred pounds: And the said Register-Accomptant shall have alowed unto him for his Accomptants extraordinary, in adjusting the Principal and Interest of such Publique-Faith Bills as shall be brought in according to this Act, Fifty pounds.

And it is hereby Enacted, That all persons who shall have their Publique-Faith Bills or Receipts alowed by the Trustees, and transferred to the Register-Accomptant, and by him adjusted in the Treasurers book, shall pay in their quick money or doubling money to the said Treasurers; within twenty days from the time their total Sum shall be entred in the Treasurers book as aforesaid, or else shall forfeit his or their Publique-Faith Debt so alowed and Entred; unless after the advancing of the whole Four hundred thousand pounds intended to be borrowed upon this Act, the Trustees or any four or more of them shall be fully satisfied in the cause of such default; which then, and not till then they are hereby authorized to determine.

Provided always, That if any person or persons shall double any sum of Money upon false and forged Certificates of PubliqueFaith, or any other fraudulent way or means, and thereof shall be convicted before the Trustees or any four or more of them, either by confession or due proof upon Oath, within Two years after such doubling, Every such person so offending, shall forfeit treble the said Sum; the one moiety thereof to the use of the Commonwealth, and the other moiety to the person or persons as shall discover the same, and shall be committed to prison; and upon Certificate of four or more of the said Trustees, to the Commissioners for Sequestrations, his Estate shall be sequestred by the said Commissioners, as in the case of non-performance of Contracts is hereafter mentioned, until full payment of the sum so forfeited.

And it is also Enacted, and hereby declared by the authority aforesaid, That all and every person and persons, Bodies Politique or Corporate, their Heirs, Executors. Administrators and Successors, which shall become Original Creditors by this Act; and who shall have any receipt or receipts given unto them or any of them, under the hands of the Treasurers aforesaid or any of them, for any sum or sums chargeable by this Act, shal have liberty and power to defalk the said sum or sums or any part thereof, upon any purchase to be hereafter made by him or them, or any of them, for any part of the premises by this Act appointed to be sold; And shall also have liberty from time to time, to assign all or any such Bills or Receipts, together with the Moneys and Interest due thereon, to any person or persons whatsoever, and the last Assign or Assigns for the time being, of any such sum or sums of Money due, or of any such Bill or Receipt for the same as aforesaid, and every of them, his or their, and every of their Heirs, Executors, Administrators and Successors, shall have like liberty, benefit and advantage, to all intents and purposes, as by vertue of this Act shall of right belong to all or any the Original Creditors aforesaid: And all Moneys doubled upon the security of this Act, are hereby made assignable and defalkable accordingly.

Provided, That all and every Assignment or Assignments made of any Bills or Receipts, and of the Moneys and Interest thereupon due, shall be Entred with the Register-Accomptant appointed by this Act, within ten days after such Assignment or Assignments shall be made, who is hereby required to make and keep a brief Entry thereof, for the more exact knowledge upon all occasions, of the whole debt justly responsible by this Act, and the better security of every person or persons who shall at any time be Creditor or Creditors to the premises therein contained, or in default of such Entry, shall be void and of none effect.

And be it further Enacted and Ordained by the Authority foresaid, That all and every person or persons, Body Politique, or Corporate, who shall contract with the Trustees aforesaid, or any four or more of them, for any part of the premises appointed by this Act to be sold, shall pay in or defalk, or cause to be paid in or defalked to the said Treasurers, the first moyety of his or their Purchase-money, within eight weeks, to be accompted from the time of every such Contract; and shall also (for the compleating of every such Contract) in like manner discharge the second moyety of his or their Purchase-money within six Moneths, to be accompted from the last day of the eight weeks aforesaid.

Provided nevertheless, That if any Purchaser or Purchasers, his or their Assign or Assigns, shall pay in or defalk in maner aforesaid, the first moyety, or the whole of his or their Purchasemoney due upon any Contract or Contracts made by him or them, at any time before the expiration of the said alowed Terms respectively; Then the Register-Accomptant appointed by this Act, shall make defalkation of six pounds by the year upon every hundred pounds rateably, that shall be so paid in or defalked, for so much time as shall be then to come and not expired, either of the foresaid eight weeks, or Six Moneths respectively; and the said Treasurers or one of them, are hereby required to alow the same accordingly.

And whereas the sum of Two hundred seventy six thousand one hundred forty six pounds, hath been by this present Parliament alowed as a Publique-Faith Debt, unto Sir John Jacob, Sir Job Harby, Sir Nicholas Crisp, Sir John Harrison, Knights; and others of the late Farmers of the Customs, upon the condition of advancing the like sum to the use of the Commonwealth, in maner hereafter mentioned; Be it therefore Enacted and Ordained by the Authority aforesaid, That if the sum of One hundred thousand pounds, part of the Two hundred seventy six thousand one hundred forty six pounds so to be advanced, shall be paid unto the Treasurers appointed by this Act, or one of them, by the said Sir John Jacob and other the late Farmers aforesaid (or by any other person or persons authorized and appointed under the Hands of any two or more of them) at or before the First day of January next following; then (upon the compleating of such payment) there shall be alowed the like sum of One hundred thousand pounds more as a Debt due upon the Publique-Faith of this Nation: And the said Treasurers are hereby authorized and required (when the said first One hundred thousand pounds shall be fully paid) to give unto the person or persons respectively so authorized and appointed to pay the same or any part thereof, a Bill or Receipt, Bills or Receipts for double the Sum of Money which he or they shall respectively pay in as a part of the One hundred thousand pounds aforesaid, with future Interest, after the rate of Six pounds upon every hundred pounds for the total Sum doubled as aforesaid: And to every person or persons, who shall in like maner pay in the whole Sum of One hundred thousand pounds more or any part thereof (parcel of the Two hundred seventy six thousand one hundred forty six pounds aforesaid) at or before the First day of February next ensuing, the said Treasurers or one of them, shall give like Bills or Receipts for a double Sum and future Interest thereon respectively, as the said second One hundred thousand pounds or any part thereof shall be paid in to them: And in case the said second One hundred thousand pounds shall be fully advanced and paid in, then if the remaining part of the said Two hundred seventy six thousand one hundred forty six pounds (being Seventy six thousand one hundred forty six pounds) or any part thereof, shall be advanced and paid in maner aforesaid, at or before the First day of May next coming, which shall be in the year of our Lord, One thousand six hundred fifty four; Then the said Treasurers or one of them, shall also give to every respective person or persons authorized and appointed to pay the same or any part thereof as aforesaid, like doubled Bills or Receipts, according as he or they shall pay in his or their Moneys respectively.

And it is hereby Declared, That the said first One hundred thousand pounds, and so much of the second One hundred thousand pounds as shall be advanced and paid in maner and form aforesaid, shall be reckoned and accounted as part of the Sum of Four hundred thousand pounds to be secured by this Act: And in case the said second One hundred thousand pounds shall be fully advanced, then so much of the said Seventy six thousand one hundred forty six pounds as shall be paid within the time before appointed, shall also be reckoned and accounted as part of the said Four hundred thousand pounds to be secured by this Act. And all Bills or Receipts given by the said Treasurers or one of them, for all or any part of the said Two hundred seventy six thousand one hundred forty six pounds, with the Moneys and Interest in all or any of them mentioned, are hereby made assignable, applicable, and defalkable upon any purchase to be made for any part of the premises saleable by this Act, to all intents and purposes, as other such Bills or Receipts given by the direction of this Act are herein Ordained and Declared.

Provided, and it is hereby Declared, That if any of the said Farmers, his or their Executors or Administrators, shall refuse or fail to pay in his or their proportion of the Moneys hereby to be doubled by the times aforesaid, then the rest of the said Farmers and their Assigns, who shall pay in the proportion of such persons failing or any part thereof, shall have the benefit which the said person or persons should have had, and the person and persons so failing shall be barred thereof.

And forasmuch as many persons who have the said Farmers Securities for divers Sums of Money being dead, their Executors and Administrators cannot adventure to double the said debts out of the Estates of the parties deceased, without some danger to their own Estates; It is hereby Declared, That any such Executor or Administrator who shall double any such Debt, either out of the Estate of the party or parties deceased, or the proper Estate of such Executor or Administrator, shall not be accounted a waster of the Estate of the persons so deceased; but the Lands to be purchased with the said Moneys, shall be accounted Assets in Law and Equity to all Creditors and Legatees, and shall be liable to satisfie their debts and demands; and also the Executor and Administrator who shall advance any money for the doubling of such Debt or Debts out of his own Estate, shall be reimbursed with Damages out of the Lands so to be purchased.

And considering that the Improvement of the premises saleable and deafforestable by this Act, hath such a general tendency to the publique Welfare of this Nation, as that all persons forwarding and advancing the same may justly expect all due encouragement therein; It is further Enacted and Declared by the Authority aforesaid, That all and every part of the premises which at the time of the passing of this Act did lie as Waste or was used in Common, (upon which no Tares or Assessments have been heretofore levied) shall not be liable to any Publique Tax or Assessment for the space of Three years, to be accounted from the time that each part or parcel thereof shall be alowed by the said Trustees or any Four or more of them in lieu of any Interest claimed; and from the time that any parcel of the premises shall be sold to any person or persons whatsoever respectively, notwithstanding any advantage that shall arise by improvement thereof within the time aforesaid; nor shall (after the said time) be subject to any Greater proportion in all Assessments whatsoever, then shall be generally laid upon all real Estates within this Nation.

And the Parliament doth hereby further Declare, That every Purchaser or Purchasers of any part of the premises, as also all other persons who shall have any proportion or proportions shall have and receive from time to time all lawful favor and assistance in anything or things (by his or their future address or addresses desired) tending to the watering, planting, peopling, manuring, bettering, and full improving of the premises or any part thereof, upon all occasions.

And that the Commonwealth may not be damnified, Sales may not be retarded, and the Contracts made by vertue of this Act may accordingly be perfected, Be it further Ordained by the Authority aforesaid, That every person or persons who shall contract for any part of the premises by this Act appointed to be sold, and shall not pay in or defalk the Moneys payable for the same, in such maner and within such time, as by this Act is directed (unless he or they have license under the hands of the said Trustees or any four or more of them, for a longer term, which (upon depositing of the value of one third part of the total of his or their Contract-money to the said Treasurers or one of them, either in money or receipts Given by direction of this Act) they the said Trustees are hereby Impowred to give, shall forfeit to the use of the Commonwealth the full third part of the Money which his or their Contract shall amount unto; which third part so forfeited, the Treasurers or one of them, upon notice Given them from the said Trustees, signified by the Clerk of the Contracts, shall defalk out of such Bills or Receipts for Money payable by this Act, as were originally due, or at any time after assigned to any such person or persons at the time of the making of any such Contract or Contracts respectively, and all assignments of any such Bills or Receipts, made by any such person or persons after a Contract made by him or them, thereby to evade such Forfeiture, shall and are hereby Declared to be utterly void and of none effect, Any thing in this Act to the contrary thereof notwithstanding. Provided, That where any person or persons (upon depositing one third part of the value of their purchase as aforesaid) shall obtain license from the said Trustees or any four or more of them, for a longer term, and shall not perform the conditions in the said License mentioned, he or they so failing, shall forfeit to the use of the Commonwealth the third part of his Purchase-money so deposited; and the Treasurers are hereby appointed to defalk the same accordingly.

And for the better levying and receiving of all Forfeitures incurred by this Act, Be it Enacted and Ordained, That where the said Treasurers or one of them, shall not finde the person or persons contracting and making default as aforesaid, to be at the time of such Contract, or at any time before the said default made Creditors for any moneys answerable by this Act, they or one of them shall forthwith return Certificate thereof to the said Trustees: And the said Trustees or any four or more of them are thereupon hereby required and enjoyned to make certificate under their hands of the sum or sums of Money forfeited as aforesaid, unto the Commissioners for Sequestrations sitting at Haberdashers Hall, who are hereby authorized and required, upon the receipt of such Certificate from the said Trustees, to seize and sequester the real and personal Estate of every such person or persons, where ever the same or any part thereof shall lie and be, and the same to detain in their custody without sale or disposal thereof, for the space of Ten days: And if the said person or persons so sequestred, do pay or cause to be paid to the said Treasurers or one of them, his or their Forfeiture within the said Ten days, That then upon certificate thereof from the said Treasurers or any of them, to the said Commissioners, the said Commissioners shall discharge the said Sequestration of the said real and personal Estate of such person or persons; But in default of such payment to the said Treasurers or one of them, within the said Ten days, the said Commissioners are hereby authorized and required to levy and raise such sum or sums of Money so certified to them as aforesaid, by sale of the goods, and receipt of the Rents, Issues and Profits of the Lands of such person or persons, and after the said sum so raised, the Lands and residue of the said Goods shall be restored and discharged from the said Sequestration: And all and every the said Forfeitures so raised by the respective Commissioners, shall be paid in by them to the said Treasurers or one of them, to be disposed of as other the Moneys to be raised by the Sale of the premises.

And it is hereby also Declared, That after such Forfeiture incurred as aforesaid, it shall and may be lawful for the said Trustees or any four or more of them, to contract for, and sell all or any the said Lands and Premises (so contracted for and not prosecuted) to any other person or persons, as if no other Contract thereof had been formerly made.

And it is also hereby Enacted and Ordained by the Authority aforesaid, That all and every Body politique and corporate, shall have power and authority, and are hereby enabled to take and purchase to themselves and successors for ever, any of the said Manors, Lands, Tenements and Hereditaments, without issuing forth any License or Licenses of Alienation or Mortmain, Any Law, Statute or Charter to the contrary in any wise notwithstanding.

And be it Enacted by the authority aforesaid, That the said Trustees for their pains and Service in the premises, shall have alowed unto every of them the yearly Salary of Three hundred pounds; and the said Treasurers shall be alowed unto each of them, the yearly Salary of Two hundred pounds: And that the said Register-Accomptant shall have and receive for himself, the yearly salary of One hundred and fifty pounds: All and every which said Salaries shall be paid or defalked by the said Treasurers on the Four and twentieth day of June, and the Four and twentieth of December yearly, by equal Portions, upon Warrant from the said Trustees or any four or more of them, the first payment to be made on the Four and twentieth day of June, One thousand six hundred fifty four.

And it is further Enacted and Ordained, That none of the said Trustees, nor any other Officer or Officers appointed by this Act, nor any other person or persons whatsoever, which shall be imployed by them or any of them in relation to the putting in execution of any thing or things contained in this Act, either at home or abroad; nor any other person or persons whatsoever, to the use or uses of such Officer or Officers, person or persons to be imployed as aforesaid, or in trust for them or any of them, directly or indirectly, shall or do purchase the said premises or any part thereof: And if any of the said Trustees, or any the Officers or persons aforesaid, or any in trust for them or any of them, shall purchase any of the said premises (other then such as before the passing of this Act were the immediate Tenants to the premises so purchased) he or they shall forfeit his or their Estate or Estates purchased as aforesaid, and the Moneys paid or payable for the same.

And be it further Enacted, and it is further Enacted by the authority aforesaid, That the said Trustees named in this Act for conveying the premises, and the respective Purchasers of all or any of the premises herein appointed to be sold, their and every of their respective Heirs, Agents and Assigns, shall have, hold, use and enjoy the like Benefits, Priviledges, Rights, Usages and Customs; and may likewise take all advantages, benefits of Conditions broken, Forfeitures, or non-performance of Covenants, Entries or Accompts, as the said late King, Queen and Prince might have done, or ought to have had or enjoyed.

And that the said Trustees may be the better enabled to discharge the great trust by this Act committed to them, in causing all Officers imployed by them, to be diligent in the respective places to which they shal be designed; It is further Enacted and Ordained by the authority of this present Parliament, That out of all such sums of money as shall be advanced and brought in towards the raising of the said sum of Four hundred thousand pounds secured by this Act, The Treasurers herein named or one of them, shall from time to time (as any part of the said sum shall be paid in to their Treasury) lay by Twelve pence in every pound so paid, which they the said Treasurers or one of them, shall pay or cause to be paid to such person or persons, as the said Trustees or any four or more of them shall appoint, which Twelve pence in the pound, the said Trustees or any four or more of them, shall and may issue forth (as need shall require) for and towards the carrying on of the work by this Act enjoyned: And the Warrant or Warrants of the said Trustees or any four or more of them, together with the Receipt of such person or persons who shall be therein appointed to receive the same, shall be a sufficient discharge to the said Treasurers for the payment of the said twelve pence in the pound, and every part and parcel thereof accordingly.

Provided nevertheless, That this Act, nor any thing therein contained, shall not extend, or be construed to extend to the vesting of the Trustees herein named, in any Honors, Manors, Lands, Tenements or Hereditaments, reputed to be or lie within the Bounds, Limits, Precincts or Perambulations of any the Forests by this Act appointed to be sold; which have (before the passing of this Act) been conveyed by the Trustees or any five or more of them, named and appointed in an Act, Entituled, An Act of the Commons in Parliament assembled, For the sale of the Honors, Manors and Lands heretofore belonging to the late King, Queen or Prince; or which upon any Contract made with the Contractors in the said Act named, or any five or more of them, the First moyety or whole of any such Contract hath been paid and satisfied, Any clause in this Act to the contrary thereof in any wise notwithstanding.

Provided also, That this Act nor any thing therein contained, shall extend to grant unto the foresaid Trustees, any Right or Interest in or to the Forest of Needwood, otherwise called The Chase of Needwood, in the Counties of Derby and Stafford; nor to the Forest of Kingswood, otherwise called Kingswood Chase, in the County of Glocester; nor unto the Forest of Ashdown, with the Inclosure or Park there, commonly called Lancaster great Park, in the County of Sussex; nor unto the Forest of Sheerwood, in the Counties of Nottingham and Derby or one of them; nor to any Honors, Manors, Lands, Tenements, or Hereditaments within the usual Limits and Perambulations of the said Forests or any of them respectively: But all and every the said Forests and Honors, Manors, Lands, Tenements, and Hereditaments within the same, shall be reserved as Collateral Security to the Officers and Soldiers, whose Arrears have not or cannot be paid and satisfied by the premises to that purpose intended and appointed by the foresaid Act, Entituled, An Act for the sale of the Honors, Manors and Lands heretofore belonging to the late King, Queen or Prince, Any Clause in this Act to the contrary notwithstanding.

Provided moreover, That this Act nor any thing therein contained, shall not extend to the Forest of Dean in the County of Glocester, nor any part thereof, nor to the Forest commonly called New Forest in the County of Southampton, nor any part thereof; nor any Honors, Manors, Lands, Tenements or Hereditaments within the said Forest or any of them; nor to the Forest in the Isle of Wight, or any part thereof; nor any Timbertrees or other Trees Growing upon any part of them or either of them, Any Clause in this Act to the contrary notwithstanding.

And it is further Enacted, and the Parliament doth hereby Declare, That no greater or further Sum then the Four hundred thousand pounds aforesaid, shall be at any time hereafter, secured to any person or persons whatsoever, by any part of the premises comprehended in this Act, till the said Sum, with the Moneys doubled and Interest of the whole (or so much thereof as shall be advanced according to the Limitations of this Act) shall be fully and compleatly satisfied.

And it is also Enacted, That the Moneys to be advanced upon all such Publique-Faith Debts as are alowed to be doubled by and upon this Act, be paid in to the Treasurers herein named, before the Second day of May next coming, which shall be in the Year of our Lord, One thousand six hundred fifty four.

And lastly, It is Enacted and Ordained, That the Trustees in this Act named or the major part of them, shall choose a convenient House or place, such as they shall judge most advantagious for the carrying on of this work.

Provided, That whereas Joachim Mathews and John Brewster, Esqs; have by vertue of an Order of Parliament dated the 9th of September 1653. assigned and set out one Acre of Ground in the Forest of Waltham in the county of Essex, within the parish of Barking, whereupon to build a house for a Meeting-place for the publique worship of God; which said structure is since built at the costs and charges of the said Inhabitants: Be it therefore Enacted, That the Trustees in this Act mentioned, or any four or more of them, shall assure and convey the said Acre of Ground and building thereupon, to the said Joachim Mathews and John Brewster, their Heirs and Assigns, for the use and encouragement of a Godly Preaching Ministry there, Anything in this Act to the contrary in any wise notwithstanding.

And be it Enacted by this present Parliament, and the authority thereof, That the Trustees in this Act named, or any four of them, shall and may convey and assure, and are hereby required to convey and assure unto Mathias Valentine (son of Benjamin Valentine deceased) and the Heirs of the said Mathias, (out of the Lands by this Act granted unto, and setled upon the said Trustees) so much thereof as at the time of such Conveyance so to be made, shall be of the clear yearly Value of One hundred pounds, over and above all charges and reprizes; which said hundred pounds by the year so conveyed, is and shall be in full satisfaction of one hundred pounds by the year, granted or intended by the late Parliament unto the said Mathias Valentine and his heirs, by Order dated the 27 of August, 1652. Anything in this Act contained to the contrary notwithstanding.