AN ORDINANCE For Sale of Four Forests or Chases Reserved for Collateral Security to the SOLDIERS. seal Wednesday 30 August, 1654. ORdered by His Highness the Lord PROTECTOR and the Council, that this Ordinance be forthwith Printed and Published. Hen. Scobel, Clerk of the Council. LONDON, Printed, by William Dugard, and Henry Hills, Printers to His Highness the Lord Protector. 1654. AN ORDINANCE For Sale of Four Forests or Chases reserved for Collateral security to the Soldiers. Whereas the several forests or Chases hereafter particularly mentioned, have been excepted in the late Act of Parliament, made for the Deafforestation, Sale and Improvement of the Forests, etc. and by the said Act reserved as Collateral security to the Officers & Soldiers of the Army, whose Arrears are yet unsatisfied: for the better satisfying of all such Arrears due to all Officers and Soldiers which were in service for the Commonwealth on the twenty fourth day of December, One thousand six hundred forty seven, or which by any Ordinances or Act of Parliament are comprehended within the security given to the said Army, And also for the satisfying of the Arrears of such other persons as in this present Ordinance are hereafter named; And for the Deafforestation, Sale and Improvement of the said several Forests or Chases; And also that all persons who lawfully claim, and of right aught to have or take common of Pasture, Pannage, Turbarie, Estovers or other profits and advantages, upon or within any of the said Forests or Chases, or upon or within any other Chases or Parks heretofore belonging to the late King, Queen or Prince, which have not been conveyed to any person or persons, or for the which the whole purchase money paiable for the same is not yet satisfied; Be it Ordained by his highness the Lord Protector, by and with the advice and consent of his Council, That the Forest of Need wood, otherwise called Need-wood-Chase, lying and being in the County of Stafford and Derby, or either of them; The Forest of Kingswood, otherwise called Kingswood Chase in the County of Gloucester; The Forest of Ashdowne, with the Enclosure or Park there, commonly called Lancaster great Park in the County of Suffex; And the Forest of Sherwood in the Counties of Nottingham and Derby, or one of them, and all Honours, Manors, Lands, Tenements and Hereditaments, within the ordinary and usual precincts, limits and perambulations of the said forests and Chases, or any of them (as the said perambulations are limited by an Act of Parliament made in the seventeenth year of the late King Charles, heretofore belonging to the late King Charles deceased, in the right of the Crown, or Duchy of Lancaster or otherwise, and which were in the actual serzin of him or of any of his Tenants, Agents, Servants, trusties, Officers or Ministers in his right, or for his use, on the twenty fift of March, One thousand six hundred thirty five, and all Royalties, Privileges, 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, or by any other person or persons lawfully claiming from, by, or under him, shall be, and are hereby vested in the real and actual possession and seizin of Thomas Cook of Pedmarsh in the County of Essex, Esq William Bolvire, John Sparrow, William Kenwrick, Ralph Harrison, William Scott, William, Steele, Sylvanus Taylor, Thomas Hubbert, and Cornelius Cook, Esquires, the survivors and survivor of them, their heirs and assigns, to the uses and purposes mentioned and comprehended in an an Act of Parliament, Entitled, An Act of the Commons in Parliament assembled, for sale of the Honours, Manors, and Lands hereto fore belonging to the late King, Queen and Prince, and to such other purposes as in this present Ordinance is mentioned and ordained, to have and to hold the premises to them and their heirs and assigns, under the trust in the said Act and this present Ordinance declared, as of the Manor of Estgr●●…wich in free and common soccage by fealty, for all services, as fully freed and discharged from payment of all manner of Tithes or other duties, as the said late King held or ought to have held the same, saving to all and every person or persons, bodies politic & corporate, their heirs successors, executors, and administrators, other than the late King his heirs and surcessors, and all claiming from, by, or under him, to his use; or in trust for him concerning only such use or Trusts, all Right, Title, Interest, Rights in Law and Equity, Annuities, Commodities, sees, and other profits, which they or any of them now have and aught to have enjoyed, or had right or title unto before the twenty fift of March, One thousand six hundred forty one, other than by virtue or in right of the Custody of any of the said Forests or Chases, or of any office belonging to them or any of them, the exercise whereof is now ceased, or which by virtue hereof shall cease to be of further use. And it is Declared and Ordained by the Authority aforesaid, That the said trusties, or any four or more of them, Sir William Roberts, Knight, and the rest of the surviving persons named and enabled in the aforesaid Act, to contract with any person or persons, bodies politic or corporate, for sale of the premises, or any part thereof, in and by the said Act exposed to sale, or any four or more of them, Thomas Andrews Alderinan of London, and others the Treasurers in the said Act named, or any two or more of them, and all other officers in the said Act named and appointed shall and are hereby enjoined and empowered (in all things relating to the sale of the premises hereby vested and settled on the said trusties) to observe, perform and execute all such Rules, Instructions, Authorities and powers (saving what is herein and hereby limited, restrained, added, or altered) as the said trusties, or any five, or more of them, the said Contractors, or any five or more of them, the said Treasurers, or any two, or more of them, or other the Officers in the said Act named, in their respective places are appointed, authorized and enjoined to perform and execute, by virtue of the said Act, or any Claus thereof or by virtue of all or any of the additional Acts made to the said Act, or of any other Act or Ordinance of Parliament whereunto the said Act, or additional Acts or any of them do in any wise relate or refer; And that the said trusties, Contractors, Treasurers and other Officers in the said Act named, shall have such fees and allowances continued to them for the discharge of their respective Trusts hereby reposed in them, and in such manner allowed and paid to them and every of them (and shall be in all things relating to their said Trusts secured and indemnified) as in and by the said Act is declared and directed, and the Rents, Issues, Profits, and all other ready moneys already due, or received, or hereafter to be due, or received, payable aswel for any part of the premises hereby exposed to sale, as for any part of the premises heretofore appointed to be sold by the Act or additional Acts, or any of them (other than the Rents, Issues and Profits which shall by virtue of any Purchase made of any part of the said premises. become due and payable to the respective Purchasor or Purchasers thereof, shall be equally and alike applicable from time to time towards the payment and discharge of the just and lawful Deuce of the respective Persons before mentioned, and of all Incident Charges arising by reason of the Executing of the said Act or additional Acts, or of this Ordinance, or of any of them respectively. And be it further Ordained by the authority aforesaid, That the like Commissions and Instructions as by an Ordinance Entitled, An Ordinance appointing Commissioners to survey the Forests, Honours, Manors, Lands, Tenements and Hereditaments within the usual limits and perambulations of the same, heretofore belonging to the late King, Queen and Prince, is Ordained and directed shall Issue under the great Seal unto Commissioners to be nominated by his Highness for Surveying the Forests and Chases in this Ordinance mentioned, as also of such Chases and Parks as being in the before recited Act vested in the trusties, have not been proceeded upon, so as to the setting forth of proportions for the respective Interests claimed, or to be claimed in all or any of them, and of all Honours, Manors, Lands, Tenements and Hereditaments within the same, and with other the like Powers, Authorities and Instructions in all things in reference to the premises as is directed by the said Ordiance, as also after the full Execution of the said Powers, or sooner if they shall be required to certify the Surveys of the respective Forests, Chases & Premises, and other their proceed touching the same unto the trusties in this Ordinance mentioned, or any four or more of them, for the better execution of this Ordinance. And he it likewise Ordained by the authority aforesaid, That for the better preservation of all Woods and Underwoods', and of all such Fences as are or shall be made within any the Forests, Chases or premises aforesaid, or within any part thereof, The justices of Peace in each County where any part of the premises so enclosed shall be or lie, do and are hereby enjoined to take special care to put in execution the Statute made in the forty third year of Ehz. Chap. VII. for punishing of such as shall break, cut, or spoil any Woods, Underwoods', Hedges, or other Fences, etc. and that the same be given in charge by the said justices at their several Quarter Sessions of the Peace accordingly. And it is also hereby further Ordained, That the trusties beforenamed, or any four or more of them, shall have, use, and exercise like powers and authorities in order to the preventing of all Wastes and Spoils which shall be made in or upon any part of the premises comprehended in this Ordinance, & to the punishing of all Persons making such Waste or Spoil accordingly, as also to the compelling of all or any the Rents and Profits issuing out of, or arising upon the premises, or any part thereof, as any Committee or Commissioner for removing of obstructions in the sale of any Lands, Fee farm Rents or Hereditaments whatsoever, might or ought upon the Tenth day of December One Thousand Six Hundred Fifty three, to have used or exercised by force and virtue of any Act, Ordinance or Order of Parliament, or otherwise; And it is also Ordained and hereby declared, That no Demean Lands in possession or Reversion, nor other profits and advantages which have formerly been granted by Leaf, or by Letters Patents, for Term of Lives or Years, under a Rent reserved thereon, shall pass or be construed to pass to any Person or Persons whatsoever claiming the same, or any part thereof, by virtue of any general words comprehended in any Grant or Grants from the late King, Queen or Prince or from the trusties, or any four, five, or more of them, named in the Act for sale of the Honours, Manors and Lands aforesaid, unless the premises so claimed be particularly mentioned in the said Grant or Grants, and valued in the particular upon which the said Grant or Grants have been grounded respectively, but that all Sales heretofore made, or hereafter to be made (in behalf of the Commonwealth) to any person or persons, shall stand good, and the premises so sold (and paid for accordingly) shall be held and enjoied against all such Claims by virtue of any Words of Cours or general Words whatsoever; And that the said trusties may the better be enabled to defray the charge of surveying, and other incident charges arising upon and about the sale of the premises: Be it Ordained, and it is hereby Ordained, That one third part in value (by estimation of the Surveyors) of so much of the Chase, commonly called Enfield Chase in the County of Middlesex (as after allowances made to the several persons claiming interest therein, aught to be set forth for sale and disposal according to this present Ordinance) shall be sold by the Contractors aforesaid, or any four or more of them, to any person or persons whatsoever, who will purchase the same with ready money, and no otherwise, at such rates (not abating of Ten years Purchase for the Lands, nor of the gross value, as they shall be respectively returned) as shall be agreed upon by them the said Contractors and Purchasers respectively; which ready money shall be paid unto the Treasurers, as all other ready money payable upon Contracts, is by the first mentioned Act appointed: And the said Treasurers shall from time to time issue out the said ready money by Warrant from the said trusties, or any four or more of them; which Warrants (as also such usual Conveyances or Deeds, as (upon the payment of such moneys) any Purchasor or Purchasers, of any part or parcel of the said clear third part of the said Chase shall desire;) The said trusties, or any four or more of them, are hereby enabled, authorized and required to make, grant, and give accordingly: And it is further Ordained by the authority aforesaid, That such sum and sums of money as are owing and in arrear to Col. Edward Montagu, as Colonel of a Regiment of foot, and Captain of a Company of Foot, lately under the command of Edward Earl of Manchester, and Thomas Lord Fairfax, according to two several Accounts stated and signed; the one of the Committee of Accounts sitting at Worcester-hous and dated the twentieth of October, One thousand six hundred forty nine; and the other by John Blackwell, Esq one of the Treasurors at Wars, bearing date the twenty second of February, One thousand six hundred fifty three; And also all such sum and sums of money as are owing and in arrear upon the Account of Col. John Pickering deceased, at the time of his death, for his personal service, as Colonel of a Regiment of foot, and Captain of a Company of Foot, according to three Deventures, one bearing date the twenty sixth of September, One thousand six hundred forty nine, stated and signed by the said Committee of Accounts sitting at Worcester-hous; and one other stated and signed by William Stane, Esq Commissary General of the Musters, and by two of the Commissioners of the Eastern Association, being for his service under the said Earl of Manchester, to the second of April, One thousand six hundred forty five; And one other stated and signed by the said John Blackwell, Esquire, for his pay to the twenty second of December, One thousand six hundred forty five; and also the sum of seven hundred and eleven pounds, due to Edw. Dendy, Esq for the arrears for his personal service in the Army, the sum of two thousand eight hundred seventy four pounds and nine shillings; to Col. Richard Forrescue, for his arrears of pay, as an officer in several Capacities in the Army, before the thirtieth day of April, One thousand six hundred forty eight, according to an account thereof, stated and certified by the Commissioners for the County of Cornwall, according to an Ordinance of Parliament of the twenty fourth of December, One thousand six hundred forty seven: The arrears due to Major Anthony Markham, for his services under Colonel Disney, and Colonel Edw. Rossker; The arrears of pay due to Mr Thomas Smalwood, as Chaplain to the Regiment of the Lord Fairfax, than Six Thomas Fairfax, Knight, under the Command of Ferdinando Lord Fairfax; and to a Regiment under Colonel Christopher Copley, and also to the Regiment of Maj. General John Lambert; And likewise four hundred seventy four pounds twelv shillings and a penny, for the arrears of pay due to Major William Boteler, as Captain of a Troop of horse in Col. Lydcot's Regiment, unto the twenty sixth of March, One thousand six hundred forty five, as appeareth by the Account thereof stated and allowed; The arrear due to Liebt. Col. Benjamin Norton, Captain William Harrison, Captain Thomas Talbot, and to Maj. Francis Bradbury, now due to his Relict, as the same are stated, shall from hence forth stand and be charged upon the forests, Chases, Honours, Manors, Lands, Tenements, and Hereditaments, with their privileges, Royalties, and appurtenantes, by this present Ordinance vested in the trusties therein named; And the said trusties are hereby authorized, enjoined, and required to give the like security by Bonds or therwise, for the said Arrears, as they might or ought to have given to any other person or persons, for any their Arrears stated by virtue of a late Act for the present examining & stating the Accounts of the Officers and Soldiers now in the Parlament's service within this Nation; And the said trusties, and the Contractors, Treasurers, and all other Officers and Ministers whom it doth or may concern, are hereby authorized and required to allow, accept, and pass the said Arrears secured by Bond, or otherwise as aforesaid, so stated and certified as aforesaid, or any part of them, in payment for or upon the purchase or purchases of any the premises vested as aforesaid, as fully to all intents and purposes as they might or ought to accept, allow and pass any the Arrears stated and certified by virtue of the Act of Parliament last before mentioned, any former Act, Order, or Ordinance to the contrary of any matter or thing herein contained notwithstanding; And for the better quieting of Purchasers, their heirs or assigns in their respective possessions; It is hereby further Ordained and Declared, That all Honours; Manors, Lands, Tenements or Hereditaments, reputed to be or lie within the bounds, limits, precints, or perambulations of any of the Forests, late belonging to the late King, Queen, or Prince, which have (before the the passing of this Ordinance) been conveyed by the trusties, or any five, or more of them, in the first recited Act mentioned, or for which upon any Contract made with the Contractors in the same Act named (or any five or more of them) the first moiety or whole of the purchase money hath been paid and satisfied upon payment of the Remainder, shall be and are hereby confirmed and made good to the several Purchasers of all or any such Honours, Manors, Lands, Tenements or Hereditaments whatsoever, according to their respective Contract; And every such Purchasor or Purchasers, his or their heirs or Assigns respectively, shall accordingly have, hold and enjoy the respective Lands and premises so purchased, by him or them, against the Commonwealth, and all other persons whatsoever claiming by, from, or under the same; And that all Fee-farm Rents, or other dry Rents, formerly belonging to the late King, Queen or Prince, which have been already conveyed to any Purchasor or Purchasers, as parcel of the Quitrents, Chief-Rents, or Rents of Assize belonging to any Honours, Manors or Lordships, by any five or more of the trusties, in the first recited Act named, and which have not before the Tenth day of March last been sold and fully paid for, by any person or persons pretending to purchase the same of the trusties appointed for Sale of all Fee-farm Rents, Dry Rents, etc. shall, according to their respecive Contracts, stand good, and are hereby confirmed to the several and respective Purchasers, their Heirs and Assigns, unto whom such Rents are already conveyed accordingly, any Claus in this Ordinance, or any former Act or Acts of Parliament to the contrary here of notWithstanding; And be it further Ordained by the authority aforesaid, That all Right, Title or Interest, which any Person or Persons Whatsoever, doth, or shall pretend to have in any of the honours, Manors, Lands, Tenements and hereditaments (exposed to sale by the first recited Act) or any part or parcel thereof, which Right, Title or Interest hath been doubtfully certified upon the Survey or Surveys of the respective premises, and not cleared and allowed within forty days after the return of such Survey or Surveys, or otherwise as by the said Act is required, all, and every such Right, Title and Inttrest, which hath not been, or shall not be cleared and allowed as aforesaid, as to the premises, already surveyed within four Months from the passing of this Ordinance, and as to so much of the premises as are yet unsurveyed, within six months from the respective returns of the Surveys thereof, together with the Right, Title and Interest of every such person or persons, who have not made his or their Claims according to the Direction of the said Act, shall cease, determine and be utterly bold, and all and every such person or persons, their, and every of their heirs and Assigns, shall be for ever excluded and debarred from making or renewing any Claim, to any such part of the premises respectively. Wednesday 30 August, 1654. ORdered by His Highness the Lord PROTECTOR, and the Council, that this Ordinance be forthwith Printed and Published. Hen. Scobell, Clerk of the Council.