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A31165
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The Case of the King and Queen Dowager, by their atturnies the Lord Privy Seal, the Earl of Chesterfield, the Lord Chief Baron Mountague the King and Queen Dowagers surviving trustes Thomas Eyre Esq. and George Shaw gent. respondents to the petition of Thomas Eyre, William Ing, Henry Balgay Esquires and other appealants
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1684
(1684)
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Wing C1098; ESTC R7683
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3,586
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1
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The CASE of the King and Queen Dowager by their Atturnies the Lord Privy Seal the Earl of Chesterfield the Lord Chief Baron Mountague the King and Queen Dowagers surviving trustes Thomas Eyre Esq and George Shaw Gent. Respondents to the Petition of Thomas Eyre William Ing Henry Balgay Esquires and other Appealants KING Charles the First of ever blessed Memory in the Tenth Year of His Reign was seized of the Forrest of High Peak in the County of Darby then and before plentifully stored with Red Deer that there were Forresters there and the Forrest Laws continually put in execution That the Freeholders and Tenants of the several Towns within the said Forrest viz. of Bowden Middle-cale Chappel in le Frith Shalcross Fairfeild Fernaly Castleton Mellor Hope Bradwell and Wormhill finding themselves much aggreived not only with the Deer by eating up their Corn and Grass but also with the Severity of the Laws of the said Forrest did Petition His said Majesty to destroy the said Forrest and improve his Wasts and Commons there which were very large whereupon the King was most Graciously pleased to condescend to the destruction of the sâ—me to which purpose he issued forth his Commission out of His Dutchy to enquire as well of His as of the Tenants claimes within the said Forrest with power to the Sheriff to Impanual Juries and likewise Power to swear them to that purpose and instructions were annexed to the said Commission what particulars should be given in Charge to the Jury and one Jury did present that the King might reasonably improve one Moyety of the Wasts within the said Forrest after which Presentment Mr. Woodroff a Counceller at Law of the Inner Temple who lived in Hope aforesaid and had Land in Hope and Bradwell aforesaid worth 400 l. per Annum was entrusted by all the other the said Towns as well as Hope and Bradwell to mannage all their Affairs concerning their improving the said Commons with the Lord Newburgh then Chancellor of the Dutchy and in the Year 1639 as appears by the said Mr. Woodroffs Letter the Lord Newburgh directed Agents should be sent up to Treat and Agree with his Lordship for the Commons which accordingly was done and all the said Towns sent up their respective Agents and the Towns of Hope and Bradwell did then particularly Employ and Entrust for the purposes aforesaid the said Mr. Woodroff and one Thomas Eyre of Shatton whose Charges were born by the said Towns and the Town of Wormhill did send up and entrust one Randell Brock then Servant to Rowland Eyre Esq and one Thomas Herroyd whose Charges were likewise born by that Town and all the several Agents for the respective Towns within the said Forrest for which they were entrusted did Consent and Agree that His then Majesty should have a Moyety of their Wasts at which time the Agents for Bowden Middle-cale did Contract and Agree for the Kings Moyety within them for a Fine and Yearly Rent all the said Commons were Surveyed and most of them divided into Two equal parts one for His then Majesty and the other for the Tenants before the said Agents were sent to treat with the then Chancellor for the purpose aforesaid and the Agents for the Towns within the said Forrest having all Agreed and Consented that the King should have one Moyety of the Commons and Bowden Middle-cale having Contracted for the Kings Moyety within them His then Majesty being on His part to destroy the said Forrest accordingly did destroy the same and any Person after the first Days Hunting had liberty to kill Deer there and the Forresters from the remote parts of the said Forrest did fetch in the Deer into the Campain or the plain part of the Forrest that they might the more easily there be killed and utterly destroyed and His Majesty having performed what on His part was to be done and presently after that the late horrid Rebellion broke out which put a stop to His then Majesties Improving or Farming His Moyety of the said Commons and the now Appealants ever since that time do enjoy all the Profits of the said Commons as well the Kings as their own part so that His said late Majesty never received any Profit or Compensation for the destruction of His Forrest all which proceedings as aforesaid being transacted at the then Chancellors House most of the Records relating to that matter are either lost or mislaid And to prevent all just Accusations of a project or surprize of the Country the Relator Eyre did not make his discovery until His late Majesty King Charles the Second of ever blessed Memory had happily been restored Fourteen Years and then obtained Grants from the Queen Dowager of the said Moyety belonging to the Crown being part of Her said Majesties Joincture under a Yearly Rent with a clause of Determination in the Grant for non-payment of the Rent and likewise obtained a Grant of the reversion from His said late Majesty King Charles the Second and then the Relator Eyre entred upon the same and the Freeholders in all as well as in these Towns of Bradwell Hope and Wormhill did deny the Kings Right the King having long ago made very great improvements so that they have not sufficient Common for their Cattle and claimed all to be their own but the Soyle Whereupon Mr. Attorny General of the Dutchy by the Relation of Thomas Eyre the said Patente in the Year 1674 exhibited an Information against the Inhabitants of Bowden Middle-cale and after a long Suit upon very good proof of all the matter before recited did obtain a Decree for the Kings Moyety whithin that Town In June 79. and on re-hearing the same Cause the Decree was confirmed after which the King and now Queen Dowager by their Attornies the now Lord Privy Seal the Earl of Chesterfeild the Lord Chief Baron Mountague the King and Queens surviving Trustees the Relator Eyre and George Shaw exhibited another Information against all the Freeholders in the Towns of Castleton Mellor Chappel in le Frith Shalcross Fairfeild Fernaly Hope Bradwell and Wormhill which Information was to the same effect as the former and after another long and tedious Suit upon the very same proofs as in the former Suit obtained a Decree In Feb. 82. which upon a re-hearing was likewise confirmed and the now Appealants William Ing Thomas Eyre Henry Balgay c. were all served with Privy Seals out of the Dutchy Court but did not appear but stood in contempt till after the Decree upon the said last mentioned Information wherein they were named parties knowing the Kings evidence whereby they might prepare crose Interrogatories thereby to pussel the Kings aged Witnesses and likewise counter prove their Testimonies by the help of leading Interrogatories then came and prayed that they might be heard Whereupon a Third Information was exhibited against them In June 84. and after several hearings obtained a Decree for the Kings Moyety within the Towns of Hope Bradwel and Wormhill which Decree last mentioned upon re-hearing was confirmed Thsee Three Towns which now Complain are the best Land and did lie in most of the spoyle of the Deer would have all those Towns as Bowden Middle-cale Mellor Shalcross which are very Barren and Boggy Land to be bound by the Agreement and theirs being the best Land to be unconcerned and would after Forty six Years the Deer being destroyed as aforesaid in execution of the said Agreement on the Kings part and the King having performed His part of the said Agreement and so improof they endeavour to compel His Majesty to try this Agreement at Law made Forty six Years since and by such Tryal upon an improvement design to overthrow the said Decree so solemnly made in a matter properly examinable and determinable in Equity in the said Court of Dutchy being the Kings Court of Revenue as well as a Court of Equity having proper Jurisdiction of the said Cause and having so deliberately heard and determined the same And by the King and Queens Prerogative they may try their Cause in what Court they please and not be prescribed to their Court or the manner of their proceeding by the defendant to their Suit These Appellants do alleage that they have differenced their Case from the other Case and the reason not the same or an improvement here there having been some Hundred years ago many great improvements made within them viz. within Hope and Bradwel hath been improved a great parcel of Ground called the Woodlands or Croekhill another piece called Edal And within Wormhill hath been improved a piece of Land called the Campaign the over end and Green Fairfeild and so by those improvements they have not Common lest sufficient for their Commonable Cattle and so would insinuate that the now improvement ought to be upon no other ground or reason but upon surplus of Common All the Defendants in the Information against the Freeholders of Bowden Middle-cale where the Commons are very Barren did by their Answers say That the Kings and Queens of England and Dukes of Lancaster had made so great Improvements within them that they had not sufficient Common lest and no reason for another Improvement now and did set forth that divers great parcels of Land to a considerable Yearly value were improved viz. Chenly or Maidstone Feild Shellfe Comes and Twarden And all the Defendants to the Information against Chappel in le Frith Mellar Shalcross Fairfield Fernaly Castleton Hope Bradwell Wormhill did by their Answers use the same Argument for themselves and said that the Campaign and all the Woodlands the over end and Green Fairfield were taken from them and so no Surplus of Common nor sufficient lest for their Cattle The Defendants to all the said Informations have used the same Argument as aforesaid and so overlook the consideration of the Kings destroying His Forrest as not valuable to them and their inclosed Lands freed from the Forrest Laws as not considerable All the said Improved Lands were severalties in many parts of the Forrest for to fat the Kings Deer and no Man claimed or had any Common there but Cattle were agested there to feed amongst the Deer as the Forressers saw occasion And 〈…〉 in the said severalties are now 〈◊〉 in Fefarm 〈…〉 of â—â—-afforrested 〈…〉 Kings Deer hindred from their quiet feeding thereon as formerly