FORRESTA de WJNDSOR, IN COM. SƲRREY.
The Meers, Meets, Limits, and Bounds of the Forrest of WINDSOR, in the County of Surrey, as the same are found, set out, limited and bounded by Inquisition.
Taken by vertue of His Majesties Commission in pursuance of one Act made in the Parliament, begun at Westminster, in the sixteenth year of the Reign of our Soveraign Lord King Charles.
INTITULED, An Act for the certainty of Forrests, and of the Meers, Meets, Limits, and Bounds of Forrests, as the same now remaine upon the Record in His Majesties high Court of Chancery.
LONDON, Printed for Matthew Walbancke, 1646.
ANNO XVII. Caroli Regis, An Act for the certainty of Forrests, and of the Meers, Meets, Limits, and Bounds of the Forrests.
WHereas by Act of Parliament made in the first yeere of the reign of the late King Edward the third it is ordained, that the old perambulation of the Forrest in the time of King Edward the first, should bee thenceforth houlden in like forme as it was then ridden and bounded, and in such places where it was not bounded, the King would that it should be bounded by good men and lawfull.
And whereas for many ages past certaine meets, meers, limits, and bounds of the forrests, haue been commonly knowne and observed in the severall Counties wherein the said forrests lye.
And whereas of late diuers presentments haue been made and some iudgements given, whereby the meets, meers limits, and bounds of some of the said forrests haue been variously extended, or pretended to extend beyond some of the said meets, meers, limits and bounds so commonly knowne, and formerly observed, to the great grievance and vexation of many persons hauing lands adioyning to the said méets, méers, limits, and bounds so commonly knowne, and formerly obserued: And whereas of late time some endeavours or pretences haue been to set on foote forrests in some parts of this Realme, & the dominion of Wales [Page 2]where in truth none have been nor ought to be, or at least haue not been used of long time: for remedy thereof, may it please your most excellent Maiesty, that it be declared by authority of Parliament.
And be it declared and enacted by the Kings most excellent Maiesty, and the Lords and Commons of this present Parliament assembled, & by the authority of the same, that from henceforth the meets, méers, limits, and bounds of all and euery the forrests respectiuely, shall be to all intents and purposes, taken, adiudged, & deemed to extend no further respectively, then the meets meers, limits, and bounds, which in seuerall Counties respectiuely, wherein the said forrests do lie, were commonly knowne, reputed, used, or taken to the meets, meers, limits, and bounds of the said forrests respectiuely, in the twentieth yeare of our late Soveraign Lord King IAMES, and not beyond in any wise, any preambulation or preambulations, presentments, extents, surveys, iudgements, records, decrees, or other matter or thing whatsoeuer to the contrary notwithstanding: And that all and euery the presentments since the said twentieth yeare made, and all and euery other presentment and presentments, and all and euery iudgement and award upon, or by reason or pretext of any such presentment or presentments, and all and euery preambulation, and preambulations, surueys, extents, and other act and acts, at any time heretofore had or made, by which the meets, meers, limits, or bounds of the said forrests, or any of them are, or are pretended to be further extended then as aforesaid: And also all and every presentment of person or persons at any Iustice seat, Swainemote, or Court of Attachments, for so by reason, or by colour of any act or acts whatsoever done or committed in any place without or beyond the said meets, meers, limits or bounds respectively so commonly knowne, reputed, used, or taken as aforesaid, and all or euery fine or fines, and amercement or amercements, shall from henceforth be adiudged, deemed, & taken to be utterly void, & in no force or effect, any law, statute, record, or pretence whatsoeuer to the contrary notwithstanding.
And be it further enacted by the authority aforesaid, that no place or places within this Realme of England, or dominion of Wales, where no such Iustice seat, Swainemote, or Court of Attachment haue been held, or where no Verderers haue been chosen, or regard made within the space of sixty yeares next before the first yeare of his Maiesties raigne that now is, shall be at any time hereafter adiudged, deemed, or taken to be forrest, or within the bounds or meets of the forrests; But she same shall [Page 3]bee from henceforth for euer hereafter disafforrested, and freed and exempted from the forests lawes; any Iustice seat, Swainmote or Court of Attachment held or kept within, or for any such place or places, at any time or times since the beginning of His Maiesties said raigne, or any presentment enquiry act, or thing heretofore made or hereafter to be made or done to the contrary notwithstanding.
Provided also, and bee it further enacted by the authority aforesaid, that for the better putting into certainety, all and euery the meets, meers, bounds, and limits of all and euery the forrests, as aforesaid, the lord Chancelour, or Lord keeper of the great Seale of England for the time being, shall by vertue of this act upon request of any of the Peeres of the Kingdome, or of the Knights and Burgesses of the Parliament, or any of them, grant severall Commissions under the great Seale of England, to Commissioners to be nominated respectively by the said Peers, Knights, and Burgesses, or any of them, to enquire of, and finds out by Inquests of good and lawfull men upon oath, and by the oathes of witnesses to be produced at the said Inquests, and by all other meanes, all, and every the meers, meets, bounds, & limits respectively of the forrests respectively, in the said twentieth year of the reigne of our late Soveraigne Lord King IAMES; And to returne the Inquests so taken into the Court of Chauncery; And that all and every the Sheriffes, and Bailiffes of, and in every County wherein any such Inquests shall be so to be taken, and all and every the Verderers, Forresters, Rangers, and other officers of the forrests respectively where any such officers be, shall be assistant, and attendant to the execution of the said Commissions, according as by the vertue of the said Commissions respectiuely they shall be commanded; And where no such officers are, or where such officers be, if they, or any of them shall refuse, or neglect such assistance, and attendance as aforesaid, Then the said Commissioners shall, and may proceed without them in the execution of the said Commissions.
And be it fuxther enacted by the Authority aforesaid, that the forrests whereof the meets, meers, limits, and bounds shall be so returned, and certified by vertue of any of she said Commissions as aforesaid, from thenceforth shall not extend, nor be extended, nor be deemed, adiudged, or taken to extend any further in any then the meets, meers, limits, and bounds that shall be so returned and certified: and that all the places and ferritories, that shall bee without the meets, meers, limits, and bounds so returned [Page 4]and certified, shall bee, and are hereby declared to be from thenceforth free to all intents and purposes, as if the same had neuer been forrest, or so reputed: And act or acts matter, or thing whatsoeuer to the contrary thereof notwithstanding.
Provided, and be it further enacted by the authority aforesaid, That all and euery the grounds, territories, or places which haue been, or are deafforrested, or mentioned to be deafforrested, in or by any letters patents, Charters, or otherwise, since the said 2 th. yeare of the Reigne of our late Soveraigne Lord King Iames, shall be excluded, and left out of the meets, meers, limits, and bounds of the forrests, which are to be enqui-of, returned, and certified by vertue of the said Commissions, or any of them respectiuely: And shall be, and hereby are declared, and enacted to be utterly deafforrested, free, and exempt to all intents, and purposes, as if the same had neuer been at all forrest or so reputed: Any thing in this present act contained, or any other act, matter or thing whatsoever to the contrary in any wise notwithstanding.
Prouided neverthelesse, and be it enacted, That the Tenants, Owners, and Occupiers, and every of them of Lands and Tenements which shall be excluded and left out of the Meets, Meers, Limits or Bounds of the Forrests to be returned, and certified by vertue of any the said Commission, shall or may use, & enioy such Common and other profits, and easements within the forrests as anciently, or accustomably they have used, and enioyed: Any thing in this present act contained, or any Act or Ordinance made in the three and thirtieth yeare of King EDWARD the first, or any Custome, or Law of the Forrest, or any other matter, or thing to the contrary thereof notwithstanding.
Sciatis quod nos de fidelitatibus & providis circumspecionibus vestris plenius confidentes, ad requisitionem predilecti & fidelis nostri Henr. Domini Mowbray & Maltrevers, ac dilectorum Richardi Onslow, & Roberti Parkhurst, Ac etiam dilectorum & fidelium nostrorum Edvardi Bagshaw, Johannis White, Roberti Goodwin, & Johannis Goodwin Armigero Burgensium in instanti Parliamento nostro modo assemblat. Assignavimus vos prefat. Arthurum Manwairing, Richardum Onslow, Robertum Parkhurst, Nicholaum Stoughton, Johannem Denham, Woolley Lee, Jacobum Zouch, Benjaminum Titchborn, Johannem Hammon, Arthurum Squib, Mattheum Carleton, & Richardum Beareblocke, decem, novem, octo, septem, sex, quinque, vel plures vestrum Commissionarios nostros, ad inquirendum & inveniendum per inquisitionem proborum & legalium hominum super sacramenta sua, & per sacramenta testium producendorum apud praedict. inquisitionem, & per omnes alios modos legitimos omnes & singulos terminos, Metas, Bundas, & limites Forrestae nostrae de Windsor, infra Ballivat. de Surrey, qui fuerunt vulgaritur cognit, fuisse termini, metae, bundae, & limites dictae Forrestae, Anno vicesimo Regni Domini Jacobi nuper [Page 6]Regis Angliae, &c. patris nostri praecharissimi, juxta tenorem cujusdam Actus in presenti Parliamento nostro apud Westmonasterium in Com. Midd. modo assemblat. edit. & provisis Intitulat. An Act for the certainty of Forrests, and of the Meets, Meers, Limits, and Bounds of the Forrests: Presentibus annexi, & ad omnia & singula alia faciend. & per implend. in & circa Inquisitionem predictam capiend. & retornand. ejusdem faciend. que juxta tenorem Actus predict. faciend. sint & per implend. Et ideo vobis & singulis vestrum mandamus, quod circa omnia & singula premissa diligenter intendatis; Mandamus enim Vicecomiti nostro Surr. quod ad certos dies & loca quos ad hoc vos decem, novem, octo, septem, sex, quinque vel plures vestrum provideritis & ei scire facietis, venire fac. coram vobis quinque vel pluribus vestrum tot & tales liberos & legales homines de eodem Comitatu, per quos rei veritas melius sciri & Inquisitio predict. fieri poterit sicut predictum est; Mandamus etiam Vicecomiti Ballivis dicti Comitatus nostri Surr. & omnibus & singulis viridariis, Forrestariis, Rangiatoribus, & aliis Officiar. dictae Forrestae quod sint assistentes & attendentes executioni hujus nostrae Commissionis, Insuper etiam mandamus quod Inquisitionem illam distincte & aperte in forma predicta factam una cum toto & integro processu vestro in premissis sub sigillis quinque vel pluribus vestrum & sigillis eorum, quorum sacramenta facta fuerit hujusmodi Inquisitio nobis in Cancellar, nostrum distincte & aperte sine dilectatione mittatis una cum hac commissione nostrum: In cujus rei Testimonium has litteras nostras fieri fecimus Pattentes,
INquisitio intendatur capta apud Guldeford in Comitatu Surr. septimo die Januarii, Anno regni Domini Caroli gratia Angliae, Scotiae, Franciae & Hiberniae, rex fidei defensoris, &c. decimo septimo, coram Richardo Onslow, Militi, Roberto Parkhurst Militi, Nicholao Stoughton Armigero, Johanni Denham Armigero, Woolley Lee Armigero, Jacobo Zouch Armigero, Johanni Hammond Armigero, & Mattheo Carleton Armigero, Commissionar. dicti Domini Regis per litteras Pattentes ejusdem Domini Regis sub magno sigillo suo Angliae geren. dat. apud Westmonasterium quarto decimo die Septembris ultimo, preteriter iis & aliis Commissionaris ejusdem Domini Regis, quinque vel pluribus eorum direct. & hinc Inquisitioni annex. ad inquirend. & inveniend. per Inquisitionem proborum & legalium hominum super sacramenta sua & per sacramenta testium producendorum apud predict. Inquisitionem, & per omnes alios modos legittimos, omnes & singulos terminos, Metas, Bundas, & Limites Forrestae, dicti Domini Regis de Windsor, infra Ballivat. de Surr. qui fuerunt vulgarit. cognit. fuisse termini, metae, bundae, & limites dictae Forrestae, Anno vicesimo Regni Domini Jacobi nuper Regis Anglia, &c. Patris Domini Regis nunc precharissimi, juxta tenorem cujusdem Actus in presenti Parliamento ipsius Domini Regis, nunc apud Westmonasterium in Comitatu Midd. assemblat. edit. & provisis intitulat. An Act for the certainty of Forrests, and of the Meets, Meers, Limits, and Bounds of the Forrests: Eidem Commissioni annex. & ad omnia & singula alia [Page 8]faciend. & per implend. in & circa jurisdictionem predict. capiend. & retornand. ejusdem faciend. Que juxta tenorem Actus predict. faciend. sint, & per implend. assign. pro ut per Commissionem predict. plenius liquet predictis, Richardo Onslowe Militi, & Nicholao Stoughton Armigero, existen. viridariis Forrestae predict. & in presentia Willielmi Hannington, Henrici Fen, Tutcher Robinson, Rolandi Rapley, Georgii Rapley, Francisci Nevill, Thomae Green Gen. Willielmi Curtis, & Thomae Charter, Forrestariorum ejusdem Forrestae, nec non Georgii Clifton, Johannis Atfield, Henrici Ede, Willielmi Crosse, Johannis Wheatley, VVillielmi Lambert, Johannis Bartholmew, & Henrici Field, Regardatorum ejusdem Forrestae, eandem Commissionem assisten. & attenden. reliquis Officiariis ejusdem Forrestae, ad hoc prius premonitis secundum formam & effectum Actus predicti, sed executionem minime assisten. sive attenden. per sacramentum Johannis Down de Cobham Gen. Christopheri Creswell de Cranley Gen. Thomae VVest de Stoke Gen. Lionelis Rawlins de VVorking Gen Henrici Bickerstaffe de VValton Gen. Thomae Child de VVaybridge Gen. VVillielmi Harris de eadem, Johannis VVarner de Chertsey, Richardi Roke de eadem, Richardi Mountaine de Egham Gen. VVillielmi Kirkham de eadem, Philippi Street de VVcversh, Johannis VValton de Shalford, Johannis Diddlesford de Hascomb, VVillielmi Clifton de VVorplesden, Johannis Hammond de Binscomb, Iohannis Hart de Puttenham, Thomae Avenel de eadem, & Georgii Billinghurst de eadem, proborum & legalium hominum Comitatu predict. Qui quidem juratores super sancta Dei Evangelia jurat. & onerat ad inquirend. & inveniend. secundum formam & effectum Commissionis, & Actus predict. diversis testibus fide dignis ad captionem hujus Inquisitionem coram Commissionar. predict. debito modo super sancta Dei Evangelia jurat. & aliis in evidentiis juratoribus predict. product. dicunt super sacramentum suum predict. quod Parcus de Guldeford in Comitatu predict. palis & repagulis inclusus est Forresta Domini Regis nunc de VVindsor, infra Ballivat. de Surr. Et ulterius dicunt super sacramentum suum predict. quod termini metae, bundae, & limites, predicti Forrestae de VVindsor, infra predict. Balliva [...] de Surr. qui fuerunt [Page 9]vulgarit. cogin. & reputat. fuisse termini metae, bundae, & limites predict. Forrestae, in Comitatu predict. in predicto Anno vicesimo dicti Domini Regis Iacobi fuerunt palae & pagulae, Anglice the Pales and Railes, Parci predict. pro ut modo includit. Et quod totus Com. Surr. preter predict. Parcum de Guldeford in predicto Anno vicesimo dicti nuper Regis Iacobi fuit, & modo est extra Forrestam de VVindsor predict. & sic vulgarit. cognit. et reputat. fuit fore extra Forrestam predict. in predicto Anno vicesimo dicti nuper Regis Iacobi. In cujus rei testimonium tam Commissionar. predict. quam Iur. predict. hinc Inquisitionem sigille sua apposuerunt, die Anno et loco primo supra dictis, &c.
Know ye, that We of your fidelity and provident insight, being fully confident of, at the request of Our faithfull and beloved, Henry Lord Mowbray, and Matrevers, and of you the aforesaid Richard Onslow, and Robert Parkehurst; As also of Our faithfull and beloved Edward Bagshaw, Iohn White, Robert Goodwyn, and Iohn Goodwyn Esquires, Burgesses in this instant Parliament of Ours now assembled, We have assigned you the aforesaid Arthur Manwayring, Richard Onslow, Robert Parkehurst, Nicholas Stoughton, Iohn Denhan, Woolley Lee, Iames Zouch, Benjamin Tichborn, Iohn Hammond, Arthur Squib, Matthew Carleton, and Richard Bearblock, ten, nine, eight, seven, six, five, or more of you Our Commissioners, to inquire and find out by inquisition of good and lawfull men upon their oath, and by the oath of Witnesses to be produced at the said Inquisition, and by all other lawfull means, all and singular the endings of the Meets, Bounds and Limits of Our Forrest of Windsor, within the Bayliffwick of Surrey, and which were vulgarly known to be the endings of the Meets, Bounds, and Limits of the said Forrest [Page 11]in the Twentieth Yeare of King Iames, late King of England, &c. our beloved Father, according to the Tenour of a certain Act in this Our present Parliament at Westminster, in the County of Middlesex, now assembled, enacted and provided; Intituled, An Act for the certainty of Forrests, and of Meets, Meers, Limits, and Bounds, of the Forrests, to these presents annexed; And to all and singular other things to be done and fulfilled, in and about the aforesaid Inquisition to be taken and returned, and the same to be made and fulfilled according to the Tenour of the Act aforesaid: And therefore We doe command you, and every of you, that to all and singular of the Premises you do diligently attend; We doe also command Our Sheriffes of Surrey, that at certain dayes and places, which to this purpose, you ten, nine, eight, seaven, six, five, or more of you shall appoint, and to him made known, that he doe make to come before five or more of you such and so many good and lawfull men of the same County, by which the truth of the things may the better be known, and the Inquisition aforesaid the better made, as is aforesaid. We also command Our Sheriffes and Bayliffes in Our said County of Surrey, and all and every Our Verderers, Forresters, Rangers, and other Officers of Our said Forrest, that they be assisting and attending at this Commission of Ours: In like manner We do also command, that the said Inquisition distinctly and fairely in forme aforesaid made; together with all and every your proceedings of the premises, under the Seales of five or more of you, and the Seales of those, by whose oaths the same Inquisition shall bee made to Us into Our Chancery, distinctly and fairly without delay you send, together with this Our Commission.
AN Inquisition Indenture taken at Guildford in the County of Surrey the Seventh day of Ianuary, in the Seventeenth Yeere of the Raign of Our Soveraign Lord CHARLES by the Grace of God King of England, Scotland, France and Ireland, Defender of the Faith, &c. Before Richard Onslowe Knight, Robert Parkehurst Knight, Nicholas Stoughton Esquire, Iohn Denham Esquire, Woolley Lee Esquire, Iames Zouch Esquire, Iohn Hammond Esquire, and Matthew Carleton Esquire, Commissioners of Our said Soveraign Lord the King, by the Letters Pattents of our said Soveraign Lord the King under the great Seale of England, bearing date at Westminster the Fourteenth day of September last past to them and other the Commissioners of Our said Lord the King, and to five or more of them directed, and to this Inquisition annexed, to inquire and finde out by the Inquisition of good and lawfull men upon their oaths, and by the oaths of Witnesses to be produced at the said Inquisition, and by all other lawfull means, all and singular the Endings, Meets, Bounds, and Limits of the Forrest of Our said Lord the King of Windsor, within the Bayliffwick of Surrey, and which were vulgarly known to be the Endings, Meets, Bounds, and Limits of the said Forrest in the 20. Yeere of the Raign of Our Lord King Iames, late King of England, &c. beloved Father to Our now King, according to a certain Act in this present Parliament, of Our said Lord the now King at Westminster in the County of Middlesex assembled, and enacted and provided; Intituled, An Act for the certainty of Forrests, and of the Meets, Meers, Limits, and Bounds of the Forrest, and to this Commission annexed, And to all and singular other things to be done and fulfilled in and about the aforesaid Inquisition to be taken and returned, and the same to be made and fulfilled according to the Tenour of the Act aforesaid, [Page 13]and according to the Commission aforesaid doth appeare; The aforesaid Richard Onslowe Knight, and Nicholas Stoughton Esq being Verderers of the aforesaid Forrest, and in the presence of William Hannington, Henry Fen, Tutcher Robinson, Rowland Rapley, George Rapley, Fraencis Nevill, Thomas Green, Gentlemen, William Curtis, and Thomas Chuter, Forresters of the said Forrest; as also of George Clifton, John Atfield, Henry Ede, William Crosse, Iohn, Wheatley, William Lambert, Iohn Bartholmew, and Henry Field, Regardors of the aforesaid Forrest, the said Commission assisting, and attending the rest of the Officers of the said Forrest, to this formerly summoned, according to the forme and effect of the aforesaid Act, but the execution not at all assisting or attending, By the oath of Iohn Down of Cobham Gentleman, Christopher Creswell of Cranley Gentleman, Thomas West of Stoke Gentleman, Lyonell Rawlins of Woking Gentleman, Henry Bickerstaffe of Walton Gent. Thomas Childe of Waybridge Gent. William Harris of the same, Iohn Warner of Chertsey, Richard Rovk of the same, Richard Mountain of Egham Gent. Willivm Kirkham of the same, Philip Street of Wonershe, Iohn Walter of Shalford, Iohn Diddlesford of Hascombe, William Clifton of Worplesden, Iohn Hammond of Binscombe, Iohn Harte of Puttenham, Thomas Avenell of the same, and George Billingburst of the same, good and lawfull men of the aforesaid County, which said Iurors upon the Holy Evangelist being impanelled and sworn to inquire and find out according to the forme and effect of the Commission and Act aforesaid divers Witnesses of good worth at the taking of the said Inquisition before the Commissioners aforesaid, in due forme of Law, being sworne upon the Holy Evangelist, and other evidences produced to the Jury aforesaid, say upon their oath aforesaid, that the Parke of Guildford in the County aforesaid, with Pales and Rayles included, is the Forrest of Our now Lord the King, of Windsor within the Bayliffwicke of Surrey, And they doe further say upon their oath aforesaid, that the Endings, Meetes, Bounds, and Limits of the aforesaid Forrest of VVindsor within the aforesaid Bayliffwicke of Surrey, which were commonly known and reputed to be the Endings, Meets, Bounds, and Limits of the aforesaid Forrest in the County [Page 14]aforesaid, in the aforesaid Twentieth Yeere of Our Lord King James, were the Pales and Rayles of the aforesaid Parke as now it is included, And that the whole County of Surrey, except the Parke of Guildford, in the aforesaid Twentieth Yeere of King Iames, was, and now is out of the Forrest of VVindsor aforesaid, and so was commonly known and reputed to be out of the Forrest aforesaid, in the aforesaid Twentieth Yeer of Our Lord King Iames: In witnesse of which, the Commissioners aforesaid; as also the Jury aforesaid to this Inquisition, have put to their Seals the Day and Yeer first above written, &c.