INSTRUCTIONS Agreed upon in PARLIAMENT FOR COMMISSIONERS, For Surveying the Forest of Sherwood; The Forest, or Chase of Needwood; The Forest, or Chase of Kingswood; The Forest, or Chase of Ashdown, or Lancaster great Park; and Endfield Chase. In pursuance of an Act of this present Parliament, Entitled, An Act and Declaration, touching several Acts and Ordinances made since the twentieth of April 1653. and before the third of September 1654. and other Acts, etc. At the Parliament begun at Westminster the 17th day of September, An. Dom. 1656. LONDON: Printed by Henry Hills, and John Field, Printers to His Highness. 1657. Instructions, agreed upon in Parliament, for Joseph Ayloffe, Thomas Skipwith, Jeremy Baynes, Adam Air, Esqs James Robinson, and William Marr, Gent. Commissioners for Surveying the Forest of Sherwood: Robert Frank, John Kensey, Thomas Watts, Esqs and George Sargeant Gent. Commissioners for Surveying the Forest, or Chase of Needwood: James Stedman, Robert Tayler, Thomas Tanner, Esqs and John Halsey, Gent. Commissioners for Surveying the Forest, or Chase of Kingswood: Henry Dewell, William Dawges, Joseph Gamage, Esqs Richard Johnson, Gent. Commissioners for Surveying the Forest, or Chase of Ashdowne, or Lancaster great Park: John Baynton, Hugh Webb, Esqs Major Rolph, and Nicholas Gunton, Gent. Commissioners for Surveying Endfield Chase, in pursuance of an Act of this present Parliament, Entitled, An Act and Declaration, touching several Acts and Ordinances made since the twentieth of April 1653. and before the third of September 1654. and other Acts, etc. I. YOu, or any three or more of you, Surveyors for each Forest or Chase, are forthwith to repair to the said Forest and Premises, for which you are Commissioners, and by all lawful ways and means, to inform yourselves of the Perambulations, and other Metes and Bounds thereof, as the same was settled by Act of Parliament, in the seventeenth year of the late King Charles; and thereupon Survey the same. And in your Surveys, you are distinctly to express how much is open and common waste ground, how much thereof is the proper soil of the Commonwealth, and by whom the residue thereof is claimed, and to set out by Metes and Bounds, that proportion of waste, the soil whereof is the Commonwealths. II. You are to inquire and inform yourselves, and in your Surveys distinctly to express, what person or persons, bodies politic or corporate, Parish, or Hamlet, do claim any common Herbage, or Pawnage, Turbary, or Estovers, within any the Premises, whether the same be claimed in right, or because of Vicinage, or whether the said Commons be stinted or without number. III. You are to examine and inform yourselves, what Cottages have been Erected, contrary to the Laws in Force, upon the said soil of the Commonwealth, and by whom, and by what pretence the same have been Erected, what Rents or Services they pay, or aught to pay, and certify, which and how many of them you judge fit to continue or be demolished. iv You are to Survey any part of the Premises, which are holden in several, and to which any person or persons, who hold the same, do make claim, from and after such time and times, as the same shall by disallowance of the claim be determined to belong to the Commonwealth, or for which no claim is made, or shall be made before the Twentieth day of July next ensuing; as also to certify the same, as so much belonging to the Commonwealth, either as the ancient right thereof, or by reason of not making due claim thereunto. V You are to put in writing, upon the door of the Public Meeting-place, Commonly called the Church or Chappel, in every Town or Parish, within the said Forests or Chases, and in every Market-Town, within, or adjacent to the Bounds and Limits of the same, at what time and place you appoint to receive and proceed in the Examination of the said claims of all persons, Bodies Politic or Corporate, Parish and Hamlet. VI You, or any three, or more of you, Commissioners for surveying of Sherwood Forest, together with any two only of the persons hereafter named on the behalf of the Proprietors, Commoners, and other persons concerned therein, (that is to say) Jervas' Piggot, Charles White, William Cartwright, Robert Butler, and John Hacker, Esqs and Thomas Bristol Gent. You, any three or more of you the. Commissioners for the Survey of the Forest or Chase of Needwood, together with any two only of the persons hereafter named on the behalf of the Proprietors, Commoners, and other persons concerned therein; that is to say, William Whitby, Zachary Babbington, Thomas Pudsie, Henry Stone of Wanson, and Daniel Watson, Esqs you, any three or more of you the Commissioners for Kings-wood Forest, together with two only of the persons hereafter named on the behalf of the Proprietors, Commoners, and other persons concerned therein; that is to say, Thomas Hodges, Nehemiah Collings, Samuel Codrington and George Reymond, William Grig, and Adam Bainham, Esqs you, any three or more of you, the Commissioners for Ashdown Forest or Chase, or Lancaster great Park, together with any two only of the persons hereafter named, on the behalf of the Proprietors, Commoners, and other persons concerned therein; that is to say, Anthony Shurley, Anthony Stapelly, William Freeman, Richard Boughton, and Thomas Jenner, Esqs you, any three, or more of you the Commissioners for Endfield Chase, together with any two only of the persons hereafter named on the behalf of the Proprietors, Commoners, and other persons concerned therein; that is to say, Sir Richard Lucy Knight, John Barns, Paul Nichol, Mr. Wilford of Hadley, and Henry Marsh of Shely, Esqs are to examine all the Claims already made and to be made as aforesaid, of every or any person or persons, Bodies Politic or Corporate, or Inhabitants claiming any Manors, Lands, Tenements, Common of Pasture, Estovers, Herbage, Pasturage, Turbary, Profits, Rights, Advantages, Apprendre, Liberties, and Franchises within the said Forests or Chases respectively, and the Evidences and Proofs touching the same; and for that end have hereby power to send for and examine Witnesses upon Oath touching the same; and in matters of Fact appearing doubtful, to any two of the said Jarvas Piggot, Charles White, William Cartwright, Robert Butler, John Hacker and Thomas Bristol, for the Forest of Sherwood; to any two of the said William Whitby, Zachary Babbington, Thomas Pudsey, Henry Stone, and Daniel Watson, for the Forest of Needwood; to any two of the said Thomas Hodges, Nehemiah Collings, Samuel Codrington, and George Reymond, William Grig, and Adam Bainham, for the Forest of Kings-wood; to any two of the said Anthony Shirley, Anthony Stapelley, William Freeman, Richard Boughton, and Thomas Jenner, for the Forest of Ashdown and Lancaster great Park; to any two of the said Sir Richard Lucy, John Barns, Paul Nichol, Mr. Wilford, and Henry Marsh for Endfield Chase: the Trial of the Fact shall be by consent of you, or any three of you Commissioners for each respective Forest or Chase by an indifferent Iury. And to the end indifferent juries shall and may be returned for trial of such matters in Fact; you, or any three, or more of you, Commissioners for each respective Forest or Chase, together with any two of the persons aforesaid, nominated and appointed on the behalf of the Proprietors and Commoners, and of all other persons concerned in each respective Forest or Chase, are hereby required to select out of the Freeholders' Book in each respective County wherein any of the said Forest or Chases shall lie, threescore persons good and lawful men living out of the Bounds of the said Forests or Chases, and uninteressed in the same, and to certify their Names unto the High Sheriff of each respective County, and upon the desire of any three or more of you the Surveyors of the respective Forest and Chase, the said Sheriffs respectively are hereby required from time to time to summon and return a jury out of the said threescore persons, for the trial of all, every, or any such matters in fact, and the persons so to be summoned and returned, are hereby required to make their appearances, and serve as jurors accordingly, unto which jurors, you, or any three of you, have hereby power to administer an Oath respectively, and to charge them to inquire of the truth of the matter in Fact in that behalf: and in case any matter of Fact shall be held fit by any two of the persons nominated on behalf of the Proprietors and Commoners in each respective Forest or Chase, to be tried by jury, shall not be consented unto by you the Commissioners, or any three of you, for each respective Forest or Chase, than the state of the Case to be certified to the Committee of Appeal, appointed by Parliament, hereafter mentioned, who are to give order touching the same, as to them, or any four of them shall seem fit. And in case you the several Commissioners for each respective Forest or Chase, shall have any reasonable cause to except against any Verdict given by any jury, you, or any three of you, for each respective Forest or Chase, are to certify your Exceptions to the same Verdict, to the said Committee of Appeal, who shall take such order therein as shall be just and equal. VII. You or any three or more of you Commissioners for each respective Forest or Chase, together with any two of the aforesaid persons appointed on the behalf of the Proprietors, Commoners, and persons concerned therein, are to allow unto all and every person or persons, Bodies Politic or Corporate, Parish or Hamlet, their Successors, Heirs, Executors and Administrators, other than the late King, Queen or Prince, or any of their heirs, and all claiming, by, from or under them or any of them to their use, and interest or use, for them the late King, Queen and their heirs, concerning only such trust or use for them or any of them, and so much of the premises as is liable to such use and trust, All Right, Title, Interest, Right in Law and Equity, Annuities, Commodities, Fees, Franchises and other Profits, which they, or any of them now have or aught to have enjoyed, or had Right or Title unto, in or to any the said Claimed Premises, before the Twenty fifth day of March, One thousand six hundred forty one, other then by virtue, or in right of the Custody of the said Forest or Chase, or any Office belonging to the same, the exercise whereof is now ceased, or which by Deafforestation of the said Forest shall cease and determine; And in case you, or any three or more of you Commissioners for each respective Forest or Chase, together with any two of the aforesaid persons appointed on the behalf of the Proprietors, Commoners, and persons concerned therein, shall not agree to allow or disallow any Claim, the same shall be certified, together with the respective reasons touching the same, to the Committee of Appeal hereafter mentioned. VIII. In examining and allowing the said Claims, you are not to stand upon forms, or any improper wording of Claims, or upon the Claiming any things inconsistent one with another, but to make allowance according to the right which shall appear upon Evidence, or be found by jury as aforesaid. IX. You, or any three or more of you, Commissioners for each respective Forest or Chase, together with any two of the aforesaid persons appointed on the behalf of the Proprietors, Commoners, and persons concerned therein, are to set forth such competent proportion out of the open and common waste ground, wherein Interest or Profit, or Franchises, or other things shall be claimed and allowed, as aforesaid, and of the Wood thereupon growing, as you or any three or more of you Commissioners for each respective Forest or Chase, together with any two of the aforesaid persons appointed on the behalf of the Proprietors, Commoners, and persons concerned therein, shall judge to be a competent satisfaction for and in respect of the respective Interests, Profits, Franchises, or other things claimed and allowed as aforesaid, and reserve the residue for the Commonwealth; distinguishing by certain Marks and Bounds, the parts see out for the Commonwealth, the Lords of the Soil, and the Commoners, and ascertaining by what person, and in what time and manner the same shall be separated and fenced; And in case you or any three or more of you Commissioners for each respective Forest or Chase, together with any two of the aforesaid Persons appointed on the behalf of the Proprietors, Commoners, and Persons concerned, shall not agree therein, than you or any three or more of you Commissioners for each respective Forest or Chase, together with any two of the aforesaid Persons appointed on the behalf of the Proprietors, Commoners, and Persons concerned therein, shall either jointly or severally certify your proceed therein, and the Causes and Reasons thereof unto the said Committee of Appeal, who upon consideration thereof, and hearing what can be said on both Parties, shall settle and determine the same, as to them or any four of them shall seem just and reasonable. X. You or any three or more of you Commissioners for each respective Forest or Chase, together with any two of the aforesaid Persons appointed on the behalf of the Proprietors, Commoners, and Persons concerned therein, are to consider what Lands and Tenements held in several other then what is the Commonwealths, aught to yield Composition for the Deafforestation thereof, and what ought to be free from Composition, and ascertain the same; and thereupon to set out of the said open and common Waste such proportion for Composition, or such other Composition, as the Equity of the Case shall require, and as to you or any three or more of you Commissioners for each respective Forest or Chase, together with any two of the aforesaid Persons appointed on the behalf of the Proprietors, Commoners, and Persons concerned therein, shall seem reasonable for, and in respect of the the Deafforestation thereof; And in case you or any three or more of you, Commissioners for each respective Forest or Chase, together with any two of the aforesaid Persons appointed on the behalf of the Proprietors, Commoners, and Persons concerned therein shall not agree, than you or any three or more of you Commissioners for each respective Forest or Chase, together with any two of the aforesaid persons appointed on the behalf of the Proprietors, Commoners, and Persons concerned, shall jointly or severally certify your proceed therein, together with the Causes and Reasons unto the said Committee of Appeal who upon consideration had thereof, and hearing what can be said on both sides, shall settle the same according as to them or any four of them shall seem just & equal; And from and after the settlements aforesaid made, the said Forests and Chases, and all the Manors, Lands and Tenements, lying within the Meets and Bonds thereof, shall be Deafforested to all Intents and Purposes whatsoever, and as if the same had never been Forest; And as well the present as all former Owners, Possessors of any part of the said Forest, or of any Manors, Lands, Tenements or Hereditaments, lying within the Meets and Bounds thereof, their Heirs, Successors, Executors, Administrators, and Assigns, shall be for ever acquitted and discharged of and from all former and other Wastes, Purprestures, and Assarts, Trespasses, and offences against the Forest Law, done or suffered in or upon the same. XI. You are not to allow the Claim of any person or persons, Bodies Politic or Corporate, Parish or Hamlet, to any Demeasn Lands in possession or in reversion, or to any other profits or advantages which have formerly been granted by Lease, or by Letters Patents, for term of Lives or Years, under a Rent reserved thereupon (which Rent was due and payable according to the said Reservation) by virtue of any general words comprehended in any Grant or Grants, from the late King, Queen or Prince, or from the trusties named in the Act for Sale of the Honours, Manors and Lands of the late King, Queen or Prince, 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. XII. After the right or proportion of or belonging to the Commonwealth, either as the ancient proper Soil thereof, or by such Compositions and Agreements as aforesaid, shall be ascertained, you are to inform yourselves what the present yearly value of the said Lands (in case the same were enclosed) may be, as the Wood and Timber is now growing upon the same, what the value will be, being enclosed, what the charge of enclosing the same will amount unto, what improvement may be made in case the same be cleared and disburdened of the Wood and Timber, either by Farming, granting Leases, or otherwise disposing thereof, and what may be most advantageous to the Commonwealth, what quantity of Wood and Timber may be taken away and sold and vended thereabouts, and in what time, and what the value thereof may amount unto, and certify unto Thomas Coke, William Bosevile, John Sparrow, William Kenwrick, William Scot, William Steel, Sylvanus Taylor, Thomas Hubbert, Cornelius Cook, or any four or more of them, trusties nominated by Ordinance for Sale of four Forests or Chases, reserved for collateral Security to the Soldiers. XIII. You are to consider what Highways are necessary to be allowed throughout the premises, or any part thereof, what proportion of ground will be sufficient for that purpose, in what place the same may most conveniently be laid out, by whom, and in what manner the Fences adjacent to them shall be made and kept, and set out the Meets and Bounds accordingly. XIV. You are to take special notice of all Thriving Timber of Oak, and Elm, which shall be found growing upon any part of the premises, and certify distinctly in each Survey, where any such Timber doth grow, the number of such Trees respectively, how many Loads of clean Timber is in them, of what value the Lop, Top, and Bark of such Trees are, how far they grow from the nearest part of any Navigable River, and what price by the Load the said Timber is worth upon the place. XV. You shall keep a Diary or journal of your proceed, and within ten days after full Execution of these Instructions respectively, or sooner if you shall be thereunto required, certify under your Hands and Seals, or under the Hands and Seals of three or more of you, the Surveys by you taken, and other your proceed touching the premises, unto Thomas Coke, William Bosevile, John Sparrow, William Kenwrick, William Scot, William Steel, Sylvanus Taylor, Thomas Hubbert, Cornelius Cook, or any four or more of them, nominated trusties by the Ordinance for Sale of four Forests or Chases, reserved for collateral Security to the Soldiers. XVI. For the speedy and effectual execution of these Instructions, you are to employ an able Clerk and a Messenger for each Forest or Chase respectively, and to allow your Clerk five shillings per diem, and your Messenger three shillings per diem, and you are also to hire laborers two or more for each Forest or Chase to carry your Chains and Instruments for measuring and apportioning of the premises, not allowing them nor any of them, more than one shilling and six pence per diem, for so many days as you shall have occasion to use them for your convement dispatch thereof, and to certify what charge you are at therein to the said trusties, who are to allow the same upon your Account. XVII. You are, if need shall require, hereby Authorized by yourselves, or by such Clerk or Clerks as you shall thereunto appoint, to search, peruse, and to take Copies, or Extracts of all or any Records or Evidences, lying in the Tower of London or elsewhere, for the clearing and making out of the Commonwealth's Title to the premises, without paying any Fees therefore. XVIII. That the Lord Lambert, General Desborow, Colonel Sydenham, Sir Gilbert Gerrard Knight, John Trever and Josias Bernars, Esquires, or any four of them, the Committee of Appeal appointed by the Parliament, to hear and determine all and every the matters and things which shall be certified unto them, according to these Instructions or otherwise, touching the Rights of the Commonwealth, the Proprietors, Owners and Commoners in the said Forests and Chases respectively; as also all other matters and things whatsoever, not particularly named in these Instructions, which shall be any Obstruction in and touching any the matters aforesaid, and for that purpose may send for, and examine witnesses upon oath; which oath the said Committee of Appeal, or any four of them are hereby authorized to Administer; And the Determination of the said Committee in and touching the same, shall be final; And in case the said Committee of Appeal shall be divided equally, Then the Lord Commissioner Fines shall settle and determine the matter, upon hearing all the Reasons of the said Committee of Appeal, whose Determination shall be final. London, Printed by Henry Hills and John Field, Printers to His Highness the Lord Protector, 1657.