Tuesday, the 22d of November, 1653.
High Court of Justice.
RESOLVED, That the Act passed Yesterday,
intituled, An Act for establishing an High Court of
Justice, be forthwith printed and published; together
with the several other Acts therein mentioned.
Resolved, That the Bill for the Assessments be read
To-morrow Morning, the Third time.
Resolved, That the Petition of Leicestershire be received
on Saturday Morning.
Sale of Forests.
The House proceeded in the Debate upon the Bill
for the De-afforestation, Sale, and Improvement of the
Forests, and of the Honours, Manors, Tenements and
Hereditaments within the usual Limits and Perambulations of the same, heretofore belonging to the late King,
Queen, and Prince.
A Clause was tendered to this Bill, in these Words:
"Provided, That whereas Joachim Mathews and John
Brewster Esquires, Members of this present Parliament,
have, by virtue of an Order thereof, dated the 9th of
September 1653, assigned and set out One Acre of Ground
in the Forest of Waltham in the County of Essex, within
the Parish of Berking, whereupon to build an House for
a Meeting-Place, for the publick Worship of God; which
said structure is since built at the Costs and Charges of
the said Inhabitants; Be it therefore Enacted, That the
Trustees in this Act named, or any Four or more of them,
shall assure and convey the said Acre of Ground, and
Building thereupon: as also, One hundred Acres more,
high adjoining to the said Meeting-Place; to Joachim
Mathews, John Brewster, Thomas Cambell, Augustin
Garland, Henry Ayscue, Thomas Preston, and Thomas
Lake, their Heirs and Assigns, for ever, for the only Use
and Encouragement of a godly Preaching Ministry there,
out of that Proportion of Ground, which should be, by
virtue of this Act, set out for the Use of the Lords of
Manors and Commoners, within the said Parish of
Barking, in the Forest of Waltham, in the County of
Essex, aforesaid; any thing in this Act to the contrary in
any wise notwithstanding: Which was read the First
time; and, by Leave of the House, was withdrawn.
A Proviso was tendered to this Bill, in these Words;
viz. "Provided, That nothing in this Act contained shall
be deemed, construed, or taken, or shall extend to all or
any Part of any the Lands, Hereditaments, or Appurtenances within the Manor or Forest of Macclefield, or
the Precincts thereof, in the County of Chester, which
at any time, have been surveyed and contracted for, as
Part of the Inheritance of James late Earl of Derby, and
have been sold by the Trustees named in an Act of the
late Parliament made the 16th Day of July 1651, intituled, An Act for Sale of Lands and Estates forfeited to
the Commonwealth for Treason: But to the end that the
Purchaser or Purchasers of the said Lands and Premises
may peaceably hold and enjoy the same, it is hereby
Ordained and Enacted, That all the abovesaid Lands and
Premises, purchased from the said Trustees, shall be and
remain unto the said Purchaser or Purchasers, his or their
Heirs and Assigns, for ever, freed and discharged of and
from any Claim or Title of the Trustees in this Act
named; and that the said Lands and Premises shall for
ever be de-afforested, freed, and discharged of and from
all Forests Laws, to all Intents and Purposes whatsoever,
in such manner as the other Lands by this Act exposed
to Sale are freed and discharged:" Which was read the
First time; and laid aside.
A Proviso was tendered to this Bill, in these Words:
"Provided always, That it shall and may be lawful to
and for the said Trustees, or any Four of them, in every
Bargain and Sale by them to be made and contracted for,
according to this Act, to reserve in their Indenture of
Bargain and Sale, out of every of the Premises which
they shall bargain and sell to any Person or Persons, in
pursuance of this Act, any Sum or Sums of Money in
nature of a Rent-charge or Fee-farm Rent yearly to be
paid, the same not exceeding Two-pence in the Pound,
of the yearly Rent or Farm of the said Premises, so by
them bargained and sold; the same to be paid to the Use
of the Commonwealth, in such sort, and to such Persons,
as the supreme Power of this Nation shall, from time to
time, appoint the same to be paid unto: Which was
read the First and Second time; and laid aside.
Another Proviso was tendered to this Bill, in these
Words; "Provided, That, whereas Joachim Mathews
and John Brewster Esquires, have, by virtue of an Order
of Parliament, dated the 9th of September One thousand
Six hundred Fifty-and-three, assigned and set out One
Acre of Ground in the Forest of Waltham in the County
of Essex, within the Parish of Barking, whereupon to
build a House for a Meeting-Place, for the Publick
Worship of God; which said Structure is since built at
the Costs and Charges of the said Inhabitants; Be it therefore Enacted, That the Trustees in this Act mentioned,
or any Four or more of them, shall assure and convey the
said Acre of Ground, and Building thereupon, to the said
Joachim Mathews and John Brewster, their Heirs and
Assigns, for the Use and Encouragement of a godly
Preaching Ministry there; any thing in this Act to the
contrary notwithstanding: Which was read the First and
Second time; and, upon the Question, agreed; and ordered to be Part of the Bill.
Another Proviso was offered to this Bill, in these Words;
"Provided always, and be it Enacted, That this Act shall
not extend to the Sale of the Forest of Rockingham in the
County of Northampton, nor to any Part thereof, nor to the
Honours, Lands, Manors, Tenements and Hereditaments
within the usual Limits and Perambulations thereof:"
Which was read the First and Second time.
The humble Petition of the Freeholders and Copyholders, Commoners and Inhabitants of the Forest of
Rockingham in the County of Northampton, and of other
Parts of Northampton, Huntingtonshire, Leicestershire,
and Rutland, adjacent and surrounding the said Forests,
was this Day read.
The Question being put; That this House doth agree
with this Proviso;
It passed in the Negative.
Another Proviso was tendered for the Forest of Sawlcey,
otherwise called Sawsey, within the Counties of Northampton, and Bucks: Which was read the First time.
And the Question being put, That this Proviso be read
the Second time;
It passed in the Negative.
Another Proviso was tendered to this Bill, in these
Words: "Provided always, and be it Enacted, and it is
Enacted, by the Authority aforesaid, That the Sum of One
thousand Six hundred Eighty-one Pounds Fifteen Shillings and Eight-pence due to George Wither Esquire, and
charged upon the Grand Excise, in Course, by Ordinance
of Parliament, the 22th of March 1647, together with
the Interest allowed for the same, and charged upon
Haberdashers-Hall, the 26th of April 1649, shall be admitted as so much Money in doubled Bills, for Purchase
upon the Premises, at so many Years Purchase as is limited
by this Act; the said George Wither, his Executors, Administrators, or Assigns, discharging the said former Security; and the said Trustees are hereby authorized to allow
the same; any thing in this Act to the contrary, in any
wise notwithstanding:" Which was read the First time;
and laid aside.
The House resumed the Debate, upon the Clause read
on Saturday last, offered be added to this Bill, in these
Words, "and of the Brigade of Foot, raised within the
County of Chester, for the late Engagement at Worcester:" Which was read the Second time; and, upon the
Another Clause was tendered to this Bill in these
Words, "And be it further Enacted, by the Authority
aforesaid, That Anne Henshaw Widow be allowed the
Sum of Eight thousand Pounds of a principal Debt due
to her out of the great Customs of England: And that
the said Anne, her Executors, Administrators and Assigns,
be admitted to double her said Debt, with Interest; and
shall have Satisfaction for the same, and for the said
doubled Money, out of the said Forest Lands and Premises, in such manner, and as fully, as the late Farmers,
or any other, are, by this Act, admitted to have; provided
that she make her original Debt appear unto the Trustees appointed in this Act, and that she advance and pay
her doubled Monies within the Time limited to the late
Farmers of the Customs for their last Payment:" Which
was read the First time.
The humble Petition of Anne Henshaw Widow, late
Wife and Executrix of Benjamin Henshaw, and her Eight
fatherless Children, was this Day read.
The Question being put, That this Clause be read the
The House was divided.
The Yeas went forth.
||Tellers for the Noes:
||With the Noes,
||Tellers for the Yeas:
||With the Yeas,
So it passed with the Negative.
Another Clause was tendered to this Bill, in these
Words: "And be it Enacted, by this present Parliament,
and the Authority thereof, That the Trustees in this Act
named, or any of them, shall and may convey and
assure, and are hereby required to convey and assure unto
Matthias Valentine, Son of Benjamin Valentine, deceased,
and the Heirs of the said Matthias, out of the Lands by
this Act granted unto and settled upon the said Trustees,
so much thereof as, at the Time of such Conveyance so
to be made, shall be of the clear yearly Value of One
hundred Pounds, over and above all Charges and Reprizes; which said One hundred Pounds by the Year, so
conveyed, is and shall be in full Satisfaction of One hundred Pounds by the Year, granted or intended by the late
Parliament unto the said Matthias Valentine, and his
Heirs, by Order dated the 27th of August 1652: Which
was twice read.
Resolved, That the Blank for the Quorum in this Proviso be filled up with "Four."
Resolved, That these Words be added to this Proviso;
viz. "any thing in this Act contained to the contrary
And the Proviso, so amended, being put to the Question, passed; and was ordered to be Part of the Bill.
And the Bill, with the said Proviso and Clause, was,
upon the Question, passed; and ordered to be printed and