AN ACT FOR SEVERAL Lands and Estates Forfeited to the COMMONWEALTH FOR TREASON, Appointed to be sold For the use of the NAVY. Wednesday, 4th August, 1652. ORdered by the Parliament, That this Act be forthwith Printed and Published. Hen: Scobell, Cleric. Parliamenti. London, Printed by John Field, Printer to the Parliament of England. 1652. AN ACT For several Lands and Estates Forfeited to the COMMONWEALTH FOR TREASON, Appointed to be sold for the use 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. Anthony's in the County of Northumberland, Sir Edward Ratcliff of Dilston in the County of Northumberland Knight and Baconet, 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 Cornwall, 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 & 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, Tithes, Composition for tithes, Portions of Tithes, Donatives, Oblations, Obventions and Rents issuing out of tithes) Be and are hereby Vested, Adjudged and Deemed to be, and are hereby in the real and actual possession and seizin of William Skinner, William Robinson, Samson Sheffeild, Samuel Gooking, Henry Sealy, William Lisle and Arthur Samuel, Esqs 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 Soccage by Fealty only, 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 only Use and Benefit of the Navy; Saving to all and every person and persons, Bodies Politic and Corporate, their Heirs, Successors, Executors, Administrators and Assigns, and every of them (other than 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 than the Rights and Title of Dower of the respective Wife and Wives of them or any of them) All such Estates, Interests, Rents, Encumbrances, Charges, Rights in Law or Equity, which they or any of them had or aught 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 Politic 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 Politic 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, Entitled, 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, Encumbrance 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 aught to do in relation to the sale of any other the Lands and Estates in an Act, Entitled, An Act for Sale of several Lands and Estates forfeited to the Commonwealth for Treason, mentioned; And the trusties, Treasurers, Register, Register-Accomptant, Surveyor-General, and all other persons employed 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; And the said trusties 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 manner as they may or might have done in the Sale of any the Manors or Lands vested and settled 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 trusties, 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 Accounts, whereunto the said trusties, or any or either of them, are or may be liable by virtue of this Act; and of all Suits and Questions that may arise, or be moved upon pretence of Sale at Vndervalues; and of all Claims and Demands whatsoever; and of all Encumbrances made by the said trusties, or any claiming under them or any of them: And that the same shall not be liable unto, but freed and discharged of and from all and all manner of Statutes, judgements, Recognizances, Dowers, jointures, and other Acts and Encumbrances whatsoever, had, made, done or suffered, or to be had, made, done or suffered, by, from or under the said trusties, or any of them respectively, other than 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. And if any Action shall be brought against the said trusties, 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, he and they shall recover double Costs. And whereas the Parliament do find 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 are 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 politic or corporate, upon the Public Faith; or which might have been Doubled by virtue 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 Politic 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, Entitled, An Act for the Sale of several Lands and Estates forfeited to the Commonwealth for Treason, is Enacted or Provided: And the said trusties are hereby Empowered 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. And be it further Enacted, That Sir John Wollaston Kt. 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 empowered 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 virtue of this Act, which shall be issued out and paid according to such Orders, Warrants, Directions & Instructions, as they shall from time to time receive from the Parliament, for the use of the Navy as aforesaid. And be it further Enacted by the Authority aforesaid, That the Register named in the said Act (Entitled 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 trusties, 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 trusties do upon such Particular proceed to Contract with any Purchaser or Purchasers for the same, and to make sale thereof accordingly. And be it further Enacted and Ordained, That the respective trusties, Treasurers, Register, Register-Accomptant, and Surveyor-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 premises 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, Tenenements and Hereditaments of the said Traitors 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 manner, as they and every of them respectively are and aught to have and receive for their respective Services and Employments, touching the sale of other the Manors, Lands, Tenements and Hereditaments, by the aforesaid Act appointed to be sold. 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 triple the said Sum, the one Moiety thereof to the use of the Commonwealth, and the other Moiety 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 sequestered by the said Commissioners for Obstructions until payment thereof. 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. 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 bestead in the possession of such Tenant in Tail by the death of such Traitor or Traitors, 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 Traitor or Traitors, are and shall be to all Intents and Purposes Forfeited for their said Treasons; And as well the said Traitors 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 Traitor or Traitors 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. Provided always, and be it further Enacted, That the trusties 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 Reprises, any thing in this or any former Act contained to the contrary in any wise notwithstanding. Provided also, That this Act nor any thing therein contained, shall not extend nor be prejudicial 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 Charles 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. Provided nevertheless, and it is further Enacted, That in recompense and satisfaction of such judgements, Statutes, Recognizances, Mortgages and other jucumbrances, as by the true intent and provision of this Act are to be satisfied; The said trusties or any five or more of them, upon the return of the respective Surveys, are hereby Empowered and Authorized to set out such proportion of the Lands so surveyed, as will be sutficient to satisfy such Encumbrance and Encumbrances; And after such Encumbrances 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 furveyed, to such Creditor or Creditors or their Assigns, in recompense and satisfaction of such Encumbrance and Encumbrances, either for Life, Lives, Years or in Fee; the said trusties taking care in satisfying such Encumbrances, to satisfy the same in such priority and course as the same aught to be satisfied by the Laws of this Land; and upon such Conveyance and Conveyances made, the said Creditor and Creditors, their Heirs, Executors, Administrators or Assigns, shall acknowledge Satisfaction upon Record, or otherwise release and discharge such judgements, Statutes, Recognizances, Mortgages and other Encumbrances respectively, as the Council of the said trusties and for the Commonwealth shall direct and advise: And such Acknowledgement, Release and Discharge shall be good and effectual in Law to discharge the said Debts and Encumbrances, 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. Wednesday, 4th August, 1652. ORdered by the Parliament, That this Act be forthwith printed and published. Hen: Scobell, Cleric. Parliamenti.