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A74554 An ordinance for sale of four forrests or chases reserved for collateral securitie to the souldiers. England and Wales. Lord Protector (1653-1658 : O. Cromwell); England and Wales. Council of State. aut 1654 (1654) Thomason E1064_34; ESTC R210344 7,265 16

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Act is declared and directed and the Rents Issues Profits and all other ready monies already due or received or hereafter to bee due or received payable aswel for any part of the premisses hereby exposed to sale as for any part of the premisses heretofore appointed to bee sold by the fore-mentioned 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 premisses becom due and payable to the respective Purchasor or Purchasors thereof shall bee equally and alike applicable from time to time towards the paiment and discharge of the just and lawful Dues 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 bee it further Ordeind by the authoritie aforesaid That the like Commissions and Instructions as by an Ordinance Entituled An Ordinance appointing Commissioners to survey the Forests Honors Mannors Lands Tenements and Hereditaments within the usual limits and perambulations of the same heretofore belonging to the late King Queen and Prince is Ordeined and directed shall Issue under the great Seal unto Commissioners to bee nominated by his Highness for Surveying the Forrests and Chaces in this Ordinance mentioned as also of such Chaces and Parks as beeing in the before recited Act vested in the Trustees have not been proceeded upon so as to the setting forth of proportions for the respective Interests claim'd or to bee claim'd in all or any of them and of all Honors Mannors Lands Tenements and Hereditaments within the same and with other the like Powers Authorities and Instructions in all things in reference to the premisses as is directed by the said Ordiance as also after the full Execution of the said Powers or sooner if they shall bee required to certifie the Surveys of the respective Forrests Chaces Premisses and other their proceedings touching the same unto the Trustees in this Ordinance mention'd or any four or more of them for the better execution of this Ordinance And hee it likewise Ordeind by the authoritie aforesaid That for the better preservation of all Woods and Underwoods and of all such Fences as are or shall bee made within any the Forrests Chaces or premisses aforesaid or within any part thereof The Iustices of Peace in each Countie where any part of the premisses so inclosed shall bee or lie do and are hereby enjoined to take special care to put in execution the Statute made in the fourtie third year of Ehz. Chap. VII for punishing of such as shall break cut or spoil any Woods Underwoods Hedges or other Fences c. and that the same be given in charge by the said Iustices at their several Quarter Sessions of the Peace accordingly And it is also hereby further Ordein'd That the Trustees before-named or any four or more of them shall have use and exercise like powers and authorities in order to the preventing of all Wasts and Spoils which shall bee made in or upon any part of the premisses 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 premisses 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 Fiftie three to have used or exercised by force and virtue of any Act Ordinance or Order of Parlament or otherwise And it is also Ordein'd and hereby declared That no Demeasne 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 bee 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 Trustees or any four five or more of them named in the Act for sale of the Honors Mannors and Lands aforesaid unless the premisses 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 bee made in behalf of the Common-wealth to any person or persons shall stand good and the premisses so sold and paid for accordingly shall bee held and enjoied against all such Claims by virtue of any Words of Cours or general Words whatsoever And that the said Trustees may the better bee enabled to defray the charge of surveying and other incident charges arising upon and about the sale of the premisses Bee it Ordeined and it is hereby Ordeined That one third part in value by estimation of the Surveyors of so much of the Chace commonly called Enfield Chace in the County of Middlesex as after allowances made to the several persons claiming interest therein ought to bee set forth for sale and disposal according to this present Ordinance shall bee sold by the Contractors aforesaid or any four or more of them to any person or persons whatsoever who will purchase the same with readie 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 bee agreed upon by them the said Contractors and Purchasors respectively which ready money shall bee 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 Trustees 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 Purchasors of any part or parcel of the said clear third part of the said Chace shall desire The said Trustees or any four or more of them are hereby enabled authorized and required to make grant and give accordingly And it is further Ordeined by the authority aforesaid That such summe and summes 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 Accompts stated and sign●d the one of the Committee of Accompts sitting at Worcester-hous and dated the twentieth of October One thousand six hundred fourtie nine and the other by John Blackwell Esq one of the Treasurors at Wars bearing date the twentie second of February One thousand six hundred fiftie three And also all such summe and summes
of money as are owing and in arrear upon the Accompt 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 twentie sixth of September One thousand six hundred fourtie nine stated and signed by the said Committee of Accompts 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 beeing for his service under the said Earl of Manchester to the second of April One thousand six hundred fourty five And one other stated and sign'd by the said John Blackwell Esquire for his pay to the twentie second of December One thousand six hundred fourtie five and also the summe of seven hundred and eleven pounds due to Edw. Dendy Esq for the arrears for his personal service in the Armie the summe 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 Armie before the thirtieth day of April One thousand six hundred fourtie eight according to an accompt thereof stated and certified by the Commissioners for the Countie of Cornwall according to an Ordinance of Parlament of the twentie fourth of December One thousand six hundred fourtie 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 then 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 seventie four pounds twelv shillings and a penny for the arrears of pay due to Major William Boteler as Captain of a Troop of hors in Col. Lydcot's Regiment unto the twentie sixth of March One thousand six hundred fourtie 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 bee charged upon the forrests Chases Honors Manors Lands Tenements and Hereditaments with their privileges Royalties and appurtenantes by this present Ordinance vested in the Trustees therein named And the said Trustees are hereby authorized enjoyned and required to give the like securitie 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 Accompts of the Officers and Souldiers now in the Parlament's service within this Nation And the said Trustees 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 premisses 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 Parlament last before mentioned any former Act Order or Ordinance to the contrarie of any matter or thing herein conteined notwithstanding And for the better quieting of Purchasors their heirs or assigns in their respective possessions It is hereby further Ordeined and Declared That all Honors Manors Lands Tenements or Hereditaments reputed to bee or lye within the bounds limits precints or perambulations of any of the Forrests late belonging to the late King Queen or Prince which have before the the passing of this Ordinance been conveyed by the Trustees or any five or more of them in the first recited Act mention'd 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 monie hath been paid and satisfied upon paiment of the Remainder shall bee and are hereby confirmed and made good to the several Purchasors of all or any such Honors Manors Lands Tenements or Hereditaments whatsoever according to their respective Contract And every such Purchasor or Purchasors his or their heirs or Assigns respectively shall accordingly have hold and enjoy the respective Lands and premisses so purchased by him or them against the Common-Wealth and all other persons whatsoever claiming by from or under the same And that all Fee-farm Rents or other drie Rents formerly belonging to the late King Queen or Prince which have been already conveyed to any Purchasor or Purchasors as parcel of the Quit-Rents Chief-Rents or Rents of Assize belonging to any Honors Manors or Lordships by any five or more of the Trustees 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 Trustees appointed for Sale of all Fee-farm Rents Drie Rents c. shall according to their respecive Contracts stand good and are hereby confirmed to the several and respective Purchasors 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 bee it further Ordeind by the authoritie aforesaid That all Right Title or Interest which any Person or Persons Whatsoever doth or shall pretend to have in any of the honors 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 premisses and not cleared and allowed within fourtie daies 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 bee cleared and allowed as aforesaid as to the premisses already surveyed within four Months from the passing of this Ordinance and as to so much of the premisses 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 ceas determine and bee utterly bold and all and every such person or persons their and every of their heirs and Assigns shall bee for ever excluded and debarred from making or renewing any Claim to any such part of the premisses respectively Wednesday 30 August 1654. ORdered by His Highness the Lord PROTECTOR and the Council that this Ordinance bee forthwith Printed and Published Hen. Scobell Clerk of the Council