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A82838 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, entituled, 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, &c. At the Parliament begun at Westminster the 17th day of September, an. Dom. 1656. England and Wales. Parliament. 1657 (1657) Wing E1592; Thomason E1065_25; ESTC R27826 7,181 16

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together with any two of the aforesaid Persons appointed on the behalf of the Proprietors Commoners and Persons concerned therein shall not agree then 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 joyntly or severally certifie your proceedings 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 Mannors 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 alow the Claim of any person or persons Bodies Politike or Corporate Parish or Hamblet 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 vertue of any general words comprehended in any Grant or Grants from the late King Queen or Prince or from the Trustees named in the Act for Sale of the Honors 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 Soyl thereof or by such Compositions and Agreements as aforesaid shall be ascertained you are to inform your selves what the present yearly value of the said Lands in case the same were inclosed may be as the Wood and Timber is now growing upon the same what the value will be being inclosed what the charge of inclosing the same will amount unto what improvement may be made in case the same be cleared and disburthened 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 certifie 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 Trustees nominated by Ordinance for Sale of four Forests or Chases reserved for Colateral Security to the Soldiers XIII You are to consider what High-ways are necessary to be alowed 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 maner 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 certifie 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 Iournal of your proceedings and within ten days after full Execution of these Instructions respectively or sooner if you shall be thereunto required certifie 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 proceedings 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 Trustees by the Ordinance for Sale of four Forests or Chases reserved for Colateral Security to the Soldiers XVI For the speedy and effectual execution of these Instructions you are to imploy 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 then 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 certifie what charge you are at therein to the said Trustees who are to alow the same upon your Accompt XVII You are if need shall require hereby Authorized by your selves 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 Common-wealths 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 shal 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.
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 Entituled 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 c. 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 Ayre Esqs James Robinson and William Marr Gent. Commissioners for Surveying the Forest of Sherwood Robert Franck 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 Entituled 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 c. I. YOu or any three or more of you Surveyors for each Forest or Chase are forthwith to repair to the said Forest and Premisses for which you are Commissioners and by all lawfull waies and means to inform your selves of the Perambulations and other Metes and Bounds thereof as the same was setled 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 Common-wealths II. You are to enquire and inform your selves and in your Surveys distinctly to express what person or persons bodies politique or corporate Parish or Hamlet do claim any common Herbage or Pawnage Turbary or Estovers within any the Premisses 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 your selves what Cottages have been Erected contrary to the Lawes in Force upon the said soil of the Common-wealth and by whom and by what pretence the same have been Erected what Rents or Services they pay or ought to pay and certifie 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 certifie the same as so much belonging to the Commonwealth either as the antient right thereof or by reason of not making due claim thereunto V. You are to put in writing upon the door of the Publick 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 claimes of all persons Bodies Politique or Corporate Parish and Hamblet VI. You or any three or more of you Commissioners for surveying of Sherwood Forest together with any two onely of the persons hereafter named on the behalf of the Proprietors Commoners and other persons concerned therein that is to say Jervas Piggot Charls White William Cartwright Robert Butler and John Hacker Esqs and Thomas Bristow Gent. You any three or more of you the. Commissioners for the Survey of the Forest or Chase of Needwood together with any two onely 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 onely 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 onely 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 onely 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 Politick or Corporate or Inhabitants claiming any Mannours 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 doubtfull to any two of the said Jarvas Piggot Charls White William Cartwright Robert Butler John Hacker and Thomas Bristow 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 Sherley 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 Iuries 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 Free-holders Book in each respective County wherein any of the said Forest or Chases shall lie threescore persons good and lawfull men living out of the Bounds of the said Forests or Chases and uninteressed in the same and to certifie 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 Iury 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 Iurors accordingly unto which Iurors 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 Iury shall not be consented unto by you the Commissioners or any three of you for each respective Forest or Chase then 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 Iury you or any three of you for each respective Forest or Chase are to certifie 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 alow unto all and every person or persons Bodies Politike or Corporate Parish or Hamblet their Successors Heirs Executors and Administrators other then 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 onely such trust or use for them or any of them and so much of the premises as is lyable 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 ought 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 vertue 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 Commissiners 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 alow or disalow 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 alowing 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 alowance according to the right which shall appear upon Evidence or be found by Iury 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 shal be claimed and alowed 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 alowed 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 Soyl and the Commoners and ascertaining by what person and in what time and maner 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 then 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 joyntly or severally certifie your proceedings 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 ought 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