The third head is SURROUNDED GROUND. Estimate. The present profit is none; but there hath been offered in Parliament by Mr. Jerbie, a gentleman of good experience in Lincolnshire, a sum in gross of 20000l. for Lincolnshire and some counties adjoining; though since (by likelihood upon some other hopes) he hath been unwilling to make good his offer. Secondly, it appeareth by survey made by assent of inhabitants (as the Commissioners of Survey have informed) that in Lincolnshire, which is but surveyed in part, there are returned 55,000 acres of lands of that nature: but how much of that upon examination will be found subject in law to the King's title, is doubtful; as also what further quantity of like lands there is, both in other parts of that county and elsewhere in the kingdom. Advice. Because divers towns in Lincolnshire have heretofore petitioned to be received to composition, we advise that letters be written unto those towns severally, signifying the King's intention to proceed to raise benefit of his inheritance of that kind, and to admit them to composition. It is further advised that for the better strength of his M's title, there be choice made of cases of the clearest nature, and thereupon suit brought against persons that formerly stood out, and so the King's title to be established by a judgment. The fourth head is TITHES OUT OF PARISHES. Of this we make no estimate at all, because such tithes as may become due to his M. of that nature, seem to be charged by the intention of law to be employed to the use of the Church, whereof it may please his M. to take notice; we mean for so much as is not at this time employed to the use of the Church, but is detained by private men. The fifth head is ENCROACHMENTS. Present profit there is none at all, neither have we any ground whereby to make estimate thereof, although we may probably conceive that as well in great wastes as in and near towns there be many Encroachments to a great value. Advice. Considering the case is of a tender nature, we dare not advise for the present any proceeding to raise benefit thereby; the rather because there is a commission with divers qualifications already granted for one manor only, upon the return and success whereof judgment may be better made of a further proceeding. Also we thought fit that Mr. Nicolson in the execution of his service may, tanquam aliud agens, inform himself of encroachments of lands adjacent; but this only in case where he shall be sought unto by the tenants, whereupon also light may be taken for further proceeding. We understand also of some service of that nature that hath been effected in the Duchy, whereof time would not give us leave to take information. [II] Revenue in charge but not improved. REVERSIONS AND REMAINDERS UPON STATES IN TAIL NOT SPENT. Estimate. Of this there hath not lately been made any profit, save that some suits have been granted of that nature. We conceive that there may be made, by way of sale of inheritance of this nature, the sum of 910007., which sum nevertheless may in probability receive both great additions and some deductions. Grounds of Estimate." There hath been brought unto us by the Auditors of Exchequer a computation of Reversions and Remainders, whereof the ancient value of the lands is 60817. per annum, which cast up according to 15 years purchase, after the rate of former sales that suitors have made, doth amount unto the sum aforesaid of 91000l. and somewhat more; which we understand to arise simply for the reversion, continuing still to the Crown the tenures and rents if any be. For addition to this sum, the entails so brought in as aforesaid, appear to have been created since 27° H. 8; so there are to be put to account by way of addition all entails of a more ancient creation, which may be many. There are also to be put to account entails in the Duchy, which were not comprised in the former account, the certainty of both which additionals require such search as could not be made ready for the present. Out of the former sums together with the additions, deduction is to be made of some sales and grants of suits that have passed, whereof we could not for the present take particular notice. Advice. Whether his M. shall make benefit of inheritance of this nature by sale in gross without reservation or improvement of rent, or by reservation and improvement of rent, or mixtly, we humbly leave to your Lps judgment; but we do wish that none pass of this nature wherein there are not 7 lives in being inheritable unto the entail. WASTES AND COMMONS. Estimate. Of this we can make no particular estimate, because that would require surveys and certainties, which we dare not for the present advise, although we conceive it to be a thing of very great benefit both for the King and the kingdom. Advice. If it be thought fit to have a proceeding in this kind, we think the most convenient way were, that as well the surveys were made aliud agendo, and not particularly for this purpose, as also that the proceeding were seriatim, one manor after another, and not by any more general commissions. And lastly that it were put in practice, where the tenants themselves either out of their own notion or by some discreet preparation shall be petitioners for it. COPPICES AND UNDERWOODS. Estimate. Of this we can make no particular estimate, as well because we shall incline to advise both the raising of a sum in gross and raising likewise of an annual revenue, as also because it would require a more perfect and faithful survey than hitherto is made for the grounding of an estimate. But this light we have. Treswell hath brought a survey, containing a distinguished account of 47232 acres of ancient enclosed coppices woods already surveyed, comprehending in that total as well the ancient enclosed coppices in forests and chases, as also in manors, and as well in lease as out of lease, of which sum of acres there are 26000 or thereabouts out of lease, and the residue in lease; So that his M. may make present benefit of that which is out of lease. In this survey, first there is not contained any common woods incoppiced by statute, but only ancient coppices woods. There is not contained any coppices woods of the Duchy. Lastly this survey is very unperfect, for there be but a very few shires that have been wholly surveyed, and a good number of shires are not surveyed at all; So that it is very like the sum aforesaid will receive great additions. But then it appeareth not upon the survey how many of these coppices are within the Q: jointure, or the Princess possessions, or those lands assigned to the D. of York. Advice. We do conceive the safest and best course of raising profit to his M. by his coppices, is the putting of them in lease, rather than to make sale of them by officers or commissioners. The leases we conceive should be for the term of 31 years or 3 lives; because by common increment (?)1 in that time, the farmer may have two cuttings. In which case we do humbly offer to consideration the points following. First that good care be taken of his M. security both by provisions and clauses inserted in the leases, as by collateral security, where it is requisite; because reentry, which in other cases is the strongest security, is in this case the weakest, for many times when they have stripped the wood of saleable growth, they would be glad to be rid of the soil; and this security is to respect not only the payment of the King's rent, but the preservation of the 1 Judgment had been written first; which has been corrected by another pen and ink into something which may be increment.' springs, for which purpose his M. learned Counsell will take it into their special care to devise a form of assurance safe for the King and yet not so strict as to discourage men to take. Secondly, we are of opinion his M. profit will best consist as well of fine as of rent; both because the fine taken beforehand is the greater tie upon the farmer, and doth fortify the reentry (for then he leeseth his fine), and chiefly because woods differ from other possessions in that they may have present crops of several growths, which may be most fitly considered in the fine. Thirdly, not finding the surveys already taken of sufficient certainty, we wish some course to be taken for a more exact survey, for which purpose offer hath been made by Treswell to make perfect surveys for all coppices woods on this side Trent, and to finish the same before Michaelmas come twelvemonth, at the charge of 4007.; and we think fit that in the mean time there be a present inhibition and cessation of wood-sales of any coppices woods in the King's hands. OLD HOUSES AND CASTLES. Of this we can make no estimate, both because we have no surveys nor informations to give light, which shall be continued and which shall be sold, nor likewise of the values of the materials of those which shall be designed for sale. Advice. We humbly offer to your Lps consideration, whether it be not fit that the Lo: Admiral, the Mr of the Ordinances or such other as your Lps shall appoint, may first make certificate how many of them are to be continued in respect of service. And for such as shall be thought fit to be sold, that some offer be made to the counties or towns of preferment of the purchase to be employed to gaols or other public uses. [III.] Tenures and other incidents with other casualties. BY-RENTS AS CORN, DAYS WORKS, ETC. Estimate. These appear to be a small matter, the annual revenue of that nature certified by the Auditor amounting to 1781. per annum. VOL. IV. Y |