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<DATE>2008-04-10</DATE>
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<NAME>John Pas</NAME>
<RESP>MURP</RESP>
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<STC T="W">W3082A</STC>
<BIBNO T="oclc">51784719</BIBNO>
<VID>175115</VID>
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<HEAD>Sir <HI>John Wintours</HI> Vindication from the A&s;per&s;ion of De&s;troying the Ship-Timber of the Forre&s;t of <HI>Deane.</HI></HEAD>
<P>WHereas it hath been given out that the de&s;truction of the Ship-Timber in the Forre&s;t of <HI>Deane</HI> was long &s;ince plotted by Pa|pi&s;ts upon intelligence with the <HI>Pope</HI> and <HI>Spanyard</HI> for the weakening of the Naval Force of this Realm, and that in pur&s;u|ance thereof, the &s;aid Ship-Timber, hath been very much de&s;troyed, and Sir <HI>John Wintour</HI> hath been, and is a principal pro|moter of the &s;aid de&s;ign of de&s;troy ing the &s;aid Ship-Timber, by vertue of certain Letters Patents obtained from the late KlNG (ot Ble&s;&s;ed memory) whereby the greate&s;t part of the Soyl, Woods, Underwoods, Tyrnber-trees, &amp; other trees, of that Forre&s;t were granted unto him. And whereas the tenderne&s;s of that &s;o precious a Comodity to this Nation as Ship-timber, with the vi&s;ible di&s;truction of the &s;ame in that Forre&s;t, hath made deep &amp; de&s;erved impre&s;&s;ion, in the mindes of many Honourable Per&s;ons, Members of <HI>Parliament,</HI> &amp; others, to the great prejudice and &s;candal of the &s;aid Sir <HI>John Wintour,</HI> he thought it his duty to vindicate his Reputation, &s;o fouly a&s;per&s;ed thereby, and for the clear &s;atisfaction of the &s;aid Honourable Members, and others afore&s;aid, to publi&s;h this &s;hort en&s;uing narrative concerning the &s;ame.</P>
<P>It may appear by the Records of the Exchequer, That from the fir&s;t cutting of Trees for the u&s;e of the Iron-works in the &s;aid Forre&s;t, which was about the beginning of King <HI>James</HI> his Reign, till the time that the Earl of <HI>Holland</HI> held the Ju&s;tice &s;eat for the &s;aid Forre&s;t, which was in the Year 1636. All the &s;everal grants of the &s;aid Woods, and Iron-works of that Forre&s;t (excepting &s;ome very incon&s;i|derable quantities) were made under the Great Seal, to <HI>William</HI> Earl of <HI>Pembrock,</HI> and after his death, to Earl <HI>Philip</HI> his Brother, and once for the term of Twelve Years to the Lord <HI>Roberts,</HI> and under tho&s;e Grants &s;o made to the &s;aid Lords, the &s;aid Woods and Iron|works, were re&s;pectively managed from time to time, by &s;everal per&s;ons under the Rents, and Conditions, re&s;erved and agreed be|tween them, and the &s;aid Lords.</P>
<P>The &s;aid Earle <HI>William</HI> was a per&s;on of that eminent great honour, wi&s;dom and integrity, for his Country, as al&s;o the &s;aid Lord <HI>Roberts,</HI> and the &s;aid Earl <HI>Philip</HI> &s;o oppo&s;ite to Popery, or Spani&s;h intere&s;t, that no prudent per&s;on after information hereof, can &s;u&s;pect that any of their Lord&s;hips would willingly, and for &s;o many years together, by cutting the &s;aid wood and trees, patroni&s;e a trea&s;onable de&s;igne again&s;t this Kingdom.</P>
<P>The afore&s;aid &s;ugge&s;tion was alleged at the Ju&s;tice &s;eat, held by the Earle of Holland as afore&s;aid, and in that con&s;ideration, and for the nece&s;&s;ary pre&s;ervation of the &s;aid Ship-timber for the future; all the Grants of the &s;aid Wood, and workes then in being to the &s;aid Earl of <HI>Pembrock,</HI> or any under him, were called in, whereof Sr. <HI>John Wintour</HI> had one, for two thou&s;and five hundred Coards yearly, and no more, which he had the n enjoyed but for &s;ix years, and no longer; and &s;pecial order was given for an ex|act Survey, and pre&s;ervation of all the &s;aid Woods and Trees, to per&s;ons of &s;pecial tru&s;t and merit, together wich the &s;worn officers of the Forre&s;t, As appears by the Records of the &s;aid Ju&s;tice Seat.</P>
<P>Notwith&s;tanding within one year after, or there abouts, the &s;aid woods and trees with their roots and &s;pray (<HI>viz.</HI> bowes) were granted withal the Iron-works <HI>viz.</HI> foure Furnaces, and as many Fordges to Sr. <HI>Bainham Throgmorton, Sr. Sackvil Crow</HI> Knights; <HI>John Taylor,</HI> and <HI>John Gunning</HI> Merchants of the City of <HI>Bri&s;tol,</HI> for the tearm of me one and twenty years, at twelve thou&s;and Coards yearly be&s;ides the &s;aid Roots and Spray as by the Records appears. Which yearly proportion in le&s;&s;e time then the &s;aid twenty one years, would have cau&s;ed the cutting down of every tree then growing in the &s;aid Forre&s;t, as evidently appears, by a Survey taken the year after, (in vertue of his Maje&s;ties commi&s;&s;ion and in&s;tructions) by Sr. <HI>William Ma&s;ters,</HI> Sr. <HI>Robert Cooke,</HI> Sr. <HI>Walter Pye</HI> Knights. <HI>Na<GAP DESC="illegible" EXTENT="1 letter">hanial Stephens, James Kerle</HI> then Con&s;table of the &s;aid Forre&s;t. <HI>Adrian May</HI> gentleman of his Maje&s;ties privy chamber &s;pecially nominated by his Ma|je&s;ty, <HI>Henry Steevens,</HI> Gent, and others.</P>
<P>If the cutting down of the &s;aid woods and trees afterwards were &s;uch a di&s;&s;ervice to the Nation as afore&s;aid, it ought rather to be imputed to tho&s;e Pattentees, then to Sr. <HI>John Wintour,</HI> though <HI>Sr. John Wintour</HI> &s;ayes this but in di&s;charge of him&s;elf; not that he would a&s;pear&s;e or impute any &s;uch unworthy de&s;igne to per&s;ons of honour and worth as they are.</P>
<P>For by the &s;aid Commi&s;sion and Survey which remains upon Record, it appears that the whole quantity of the Woods and Trees in the &s;aid Forre&s;t (the <HI>Lea Baley</HI> excepted) was One Hundred Fifty Three Thou&s;and Two Hundred and Nine Coards of Wood or there abouts, and Sixty one Thou&s;and Nine Hundred Twenty Eight Tuns of Timber or there abouts, or which &s;aid quantity of Timber there was but Fourteen Thou&s;and Three Hundred and Fifty Loads that were Ship-Timber; and that the Trees of that Forre&s;t, were gene|rally decayed, and nor above Five Hundred but what were pa&s;t their full growth, as by the return of the &s;aid Commi&s;sion remaining upon record doth appear.</P>
<P>The Con&s;ideration hereof moved his Maje&s;ty &s;hortly after to i&s;&s;ue a Commi&s;sion to Sir <HI>Charles Harbert</HI> his Surveyor General, <HI>John George</HI> of <HI>Cirence&s;ter, William Morgan</HI> then Soliciter to his Maje&s;ties Council of the Marches of <HI>Wales, Jo. Smith</HI> of <HI>Nibley</HI> E&s;quires, and <HI>Willi|am Singleton</HI> Alderman of the City of <HI>Glouce&s;ter</HI> with In&s;tructions from the Lord Trea&s;urer and Chancellor of the Exchequer, to make an approvement of his Maje&s;ties &s;aid Deme&s;ne Wa&s;ts and Soyle, which Commi&s;sion and approvement was executed and made with much exactne&s;s and diligence, according to Law, by the &s;aid Comm&s;&s;ioners, a&s;&s;i&s;ted by expert Surveyors upon oath, after &s;undry treaties and meetings (upon publick notice thereof given) with the Inhabitants of the &s;everal Pari&s;hes and Commoners upon &s;everal viewes of the &s;aid Wa&s;ts and Soyle.</P>
<P>The return of the &s;aid Commi&s;&s;ion is upon Record in the Exchequer, and likewi&s;e the particular in&s;trument of the &s;aid agreement &s;igned by the &s;aid Comm&s;&s;ion ers, and Commoners (who were of the able&s;t and mo&s;t &s;ub&s;tantial of the &s;aid Pari&s;hes) was al&s;o returned thither, but not now to be found.</P>
<P>Not long after his Maje&s;tie i&s;&s;ued a Commi&s;&s;ion with particular in&s;tructions from the Lord Trea&s;urer and Chancellor as afore&s;aid, to <HI>Charles Bridgman</HI> <ABBR>E&s;q</ABBR> one of the Verderours of the &s;aid Forre&s;t, <HI>John a Deane</HI> Gentleman, one of the Regarders of the &s;aid Forre&s;t,</P>
<P><GAP DESC="illegible" EXTENT="1 span"> <HI>Pett and John Ducy</HI> (two of the able&s;t and mo&s;t reputed Ship-wrights of that time, particularly deputed by the Commi&s;&s;io|ners of the Navy trom the <HI>Trinity Hou&s;e,</HI>) and others with the a&s;&s;i&s;tance of Ship-Wrights of <HI>Bri&s;toll,</HI> and other the officers of that For|re&s;t upon oath to view all the Trees within the &s;aid Forre&s;t, that contained any Timber in them fit for his Maje&s;ties Shiping, and to mark the &s;ame with a Stamp, e&s;pecially &s;uch Trees as were fit to be left growing for the future, to certifie the number of &s;uch Trees, and the quantity of Ship-Timber as afore&s;aid contained in them.</P>
<P>And by return of the &s;aid Commi&s;&s;ion remaining upon Record, there were marked with the Crown and broad Arrow Nine Thou|&s;and Five Hundred and Ninety, containing in them F<GAP DESC="illegible" EXTENT="1 letter">teen Thou&s;and Three Hundred and Nineteen Loads of Ship-Timber, expre&s;&s;ing the particular numbers in each re&s;pective Woodward&s;hip, as al&s;o Nine Hundred Eighty Five young Trees fit to be left growing, con|taining in them Six Hundred Forty Nine Loads of Ship-Timber, (the Trees in the <HI>Lea Baley</HI> being no part of the &s;aid Survey).</P>
<P>Hereupon after mature deliberation and publick di&s;cu&s;&s;ion at the Council Table, his Maje&s;ty granted under the Great Seal to Sir <HI>Jo. Wintour</HI> all the &s;aid improved Soyle, and all his &s;aid Woods and Trees within that Forre&s;t, in con&s;ideration of Ten Thou&s;and Pounds Fine, Eight Thou&s;and Pounds advance of Rent, Sixteen Thou&s;and pounds Ye<GAP DESC="illegible" EXTENT="1 letter">rly for &s;ix Years, and the Fee Farm rent of Ninteen Hundred fifty PoundsTwelve Shillings and Eight Pence for ever, having fir&s;t under the Great Seal Deaforre&s;ted the &s;ame: which Defor|re&s;tation with all others of the like nature by his Maje&s;ty or any of his Predcce&s;&s;ours was confirmed by Act of Parliament 17. <HI>Carol.</HI> Which Patent of Deaforre&s;tation by the late King was taken from Sir <HI>John Wintour</HI> by General <HI>Desborow,</HI> or by his appointment.</P>
<P>There is re&s;erved in the &s;aid Patent to his Maje&s;ty, Fifteen Thou&s;and Tuns of Ship-Timber without paying for the &s;ame, with Provi&s;o if there prove not to be &s;o much, that then Sir <HI>John Wintour</HI> was to pay Nine Shillings for every Tun that &s;hould be wanting of the &s;aid quantity, and if there proved to be more then the &s;aid Fifteen Thou&s;and Tun, his Maje&s;ty was to allow the &s;aid Sir <HI>John Wintour</HI> the like rate for &s;uch &s;urplu&s;age.</P>
<P>The like re&s;ervation upon the &s;ame tearmes was made for the young trees more or leffe that &s;hould be left &s;tanding as afore|&s;aid, wherewith Sr. <HI>John Wintour</HI> was chargeable for the pre&s;ervation of &s;o many as were growing upon the Lands improved and granted to him as above &s;aid, but not of the&s;e growing on the 4000. Acres &s;et out for Common.</P>
<P>Note that a tun of Timber cut into Coard-wood is not worth by a great deal &s;o much as the rate above&s;aid, &s;o that &s;uch mi&s;|conver&s;ion of Timber could not but be a great lo&s;&s;e to the Pattentee.</P>
<P>Moreover <HI>Sr. John Wintour</HI> was obliged by the &s;aid Pattent to grant to Sr. <HI>Bainham Throgmorton,</HI> Sr. <HI>Sackvil Crow, John Tayler</HI> and <HI>John Gunning</HI> thirteen thou&s;and five hundred Coards of wood yearly, with two of the Furnaces and four Forges for &s;ix years, where|by it appears that half of the wood in the &s;aid Forre&s;t was to be cut down by them, though all &s;eemed to be done by Sr. <HI>John Wintour.</HI></P>
<P>Sr. <HI>John Wintour</HI> incoppiced five thou&s;and acres at lea&s;t of the &s;aid &s;oyle for future growth of wood and timber, which afterwards was de&s;troyed and burned by &s;ome di&s;orderly and unknown per&s;ons.</P>
<P>Sr. <HI>John Wintour</HI> enjoyed this Pattent but one year and a half, and in that little time pre&s;erved and left lying upon the ground &s;e|ven thou&s;and &s;even hundred ninty eight Loads, and twenty eight foot of Timber, as appears upon record, which was more then had been pre&s;erved in all the cutting in that Forre&s;t of twenty years before. Sr. <HI>John Wintour</HI> makes no benefit of his Patent at the pre&s;ent, nor hath done this nineteen years, &s;ince which time there hath been cut down about three&s;core and ten thou&s;and trees, and in all that time but two Ships built, and much of the Timber for the &s;aid Ships was taken out of the <HI>Lea Baley</HI> which was totally excepted out of his grant.</P>
<P>If a better way can be thought on for the pre&s;ervation of the Ship-timber pre&s;ent or future, or that more will be given his Ma|je&s;ty, then what he is to pay, or that a greater proportion of Common then the four thou&s;and acres may be allowed to the Country which in &s;uch ca&s;e is to be di&s;counted to the Pattentee. Sr. <HI>John Wintour</HI> humbly offers to &s;ubmit all his intere&s;t to the ju&s;tice and wi&s;dom of the Parliament upon &s;atisfaction for &s;o much as he is <HI>bona fide</HI> out of pur&s;s for the &s;ame, notwith&s;tanding the profit that he might otherwi&s;e make thereby.</P>
<CLOSER><DATELINE><DATE>Augu&s;t the 7<GAP DESC="illegible" EXTENT="1 letter"> 1660.</DATE></DATELINE></CLOSER>
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