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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A31191 The Case of Theodore Bathurst, Esq., relating to his bill in Parliament 1689 (1689) Wing C1180; ESTC R2299 4,514 4

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THE CASE OF Theodore Bathurst Esq Relating to his BILL IN PARLIAMENT KING James the First seized in Fee of the Mannor Arkilgarthdale in Yorkshire wherein were great Wastes 21 Jacobi as well as Inclosures extending into the Parish of Arkingarth alias Arkilgarth where were Mines called the Lead Mines into the Parish of Kirby-Hill where was New-Forrest Parcel of the Parish comprising the whole Forrest and into the Parish of Barningham where Hopes Farmes lye Demised to Ambrose Appleby for twenty one Years at 3 l. 10 s. per Annum all those Mines of Lead called the Lead Mines in all Places Wastes Moors and Heaths within the Mannor of Arthgarthdale alias Arkilgarthdale and within New-Forrest and all that Coal-Mine within the said Mannor and Forrest Parcel of the Mannors of Middleham and Richmond or either of them and Liberty of Digging and gaining Lead and Coal in the said Mines or any of them and in the Places Wastes Moors Heaths of the said Mannor and New-Forrest and all Profits from the said Mines or any of them from time to time arising And he demised all his Tenements in the said New-forrest which comprised all New-Forrest save the Soil of the Commonable Wastes for forty Years at 12 l. 6 d. per Annum King Charles by Letters Patents 25 Sepi 4. Caroli for valuable Consideration granted to Edward Ditchfield and others in Fee-Farm in trust for the City of London the Mannor of Arkilgarthdale with its Rights Members and Appurtenances and all his Lands and Tenements in the Parishes of Arkilgarthdale and Arkilgarth and all his Lands and Tenements in the Possession of Tenants in New-Forrest in Arkilgarthdale by particular of 12 l. 6 d. per Annum and all that Giest Room there viz. a large Several And all that Farm of Punishaws there and all those Mines of Lead called the Lead Mines in all Places Wastes Moors and Heaths within the Mannor of Archgarthdale alias Arkilgarthdale and within the New-Forrest and all those Coal Mines within the said Mannor and Forrest parcel of the Mannors of Middleham and Richmond or in either of them and liberty of digging and gaining Lead and Coal in the said Mines or in any of them in the Wastes Places Moors and Heaths of the said Mannor and New-Forrest and all profits from the said Mines or any of them from time to time arising then or late in the tenure or occupation of Ambrose Appleby by particular thereof mentioned to be of the yearly Rent or value of 3 l. 10 s. Except all Liberties and Jurisdictions of Forrests so far as the said New-Forest extends it self And all Messuages Lands Woods Wastes Courts Felongs good and all other Hereditaments tot tant tal to the said Premises in his Letters Patents comprised or to any of them belonging or taken as part thereof in as large a manner as enjoyed by him any of his Predecessors or any other Person whatsoever Except all Forrests and Chafes and all Parks then used and replenished with Deer Knights Fees Wards and Marriages and several Ecclesiastical Priviledges and all Mines of Gold and Silver rendring 53 l. 5 s. 1 d. ½ per Annum Under agreement to give the Royal Assent to to any Bill in Parliament for better assurance Doctor Bathurst Father of Theodore purchased the Premises in Fee in Trustees Names and purchased in Fee partly in his own Name and partly in the name of Trustees several Mannors Messuages and Hereditaments in Skutterskelfe Thoralby Braworth Langton alias Laugton upon Swale Clints and Richmond in the said County of York in the whole of the value of 1100 l. per Annum and was seized in Fee of several Tenements in London and the Strand and was possessed of a Lease for Years in Tenements and Grounds Rederiff in Surry of 600 l. per Annum Dr. Bathurst by his Will in Writing 25 April 59. devised all the Premisses to his Executors and their Heirs to the intent they should convey the Premisses in London the Strand and Rederiff when his Son John attained twenty five years of Age so as the same might be held by him for his Life and after his Death by his first and every other Son successively in Tail 〈◊〉 by his Daughters in Tail remainder by Theodore for Life with like remainders for his Sons and Daughters Remainder by the Testatours right Heirs for ever And to the intent they should convey the Premisses in Arkilgarthdale New-Forrest Skutterskelfe Thoralby Braworth great Langton alias Langton upon Swale Clints Kirby-Hill and Richmond when his Son Theodore attained twenty five years of Age so as the same might be held by him for Life without Impeachment of Waste And after his Death by his first and every other Son successively in Tail remainder by his Daughters in Tail remainder by his Son John Bathurst for Life with like Remainders for his Sons and Daughters remainder by the Testatours right Heirs for ever only as to Arkilgarthdale and New-Forrest Clints Richmond and Kirby-Hill the Intail to the Daughters of either of them was omitted The Testator soon after died Interested as aforesaid and his Executors proved his Will and when John Bathurst the Son attained twenty five years of Age they conveyed the Premisses in London the Strand and Rederiff to him with such limitations as the Will directed John Bathurst the Son having Issue sold the Premisses in Rederiff whereby Theodore can have no benefit by that Estate Theodore married with Lettice one of the Daughters of Sir John Repington with whom he received 1500 l. Portion and gave Bond to Jointure her in 300 l. per Annum and hath Issue by her two Sons and three Daughters and his Eldest Son Charles is about fifteen years old The Executors made a Lease for twenty one Years of the Lead Mines 20. Nov. 1672. as well open as not open in the Wastes of Arbilgarthdale and New-Forrest together with a Lead Mill in parcel of Clints Farm and Liberty of taking Wood from the demeasne of the Mannor of Arkilgarthdale for the use of the Mines to John Bathurst the Son at 150 l. per. Annum The Executors conveyed the Premisses in Arkilgarthdale 20 Sept. 1677. and New-Forrest Kirkby-Hill Skutterskelfe Thoralby Braworth great Langton Clints and Richmond to the said Theodore with such limitations as the Will directed with Covenants against their Incumbrances excepting the said twenty one Years Lease John Bathurst opened new Lead Mines in the Wastes of parcel of the Mannor of Arkilgarthdale within the Parish of Arkilgarth But none hath ever been wrought in the New-Forrest A constant and quiet Possession hath gone along with the Grant from the King ever since the Patent which is above sixty years and all the Forrest was thereby enjoyed By Perambulation 31 H. 8. The Bounds of the Forrest were set out and extend not to any parcel of the Mannor but what lies within the Parish of Kirkby-Hill and no Forrest Courts Verderers nor Regard have been ever since there
used An Inquisition founded on a Commission under the great Seal 15 Sept. 87. was clandestinely and illegally taken by promotion of several Papists and Forrest-Officers with whom some Persons of worth were joined to colour the Matter and incautelously acted at the Instigation of the then Lieutenant Colonel Archibald Douglas at that time a Papist Note though these are supposed to be concealed Lands yet the fee Farm rent hath been from time to time always answered for them and late Convert who forcibly kept Theodore from giving his Title in Evidence and thereby it s found by a Jury whereof six were Papists and before Commissioners that had not sufficient Freehold and were most of them Papists That the Lands and Tenements therein specified being all the Farms in Arkilgarth and New-Forrest And all the Mannor of Arkilgarthdale except the Farms of Hopes comprised in the Patent 4 Car. were parcel of the Forrest of Arkilgarthdale of 300 l. per Annum and were concealed and detained by Thodore from the King and that John Bathurst aforesaid had incroached Parcel of the said Forrest in Lead Mines there digged and that the Commissioners therein had seized all into the King's Hands The inquisition being certained into the Petty-bag Mich. Term. 1687. and Field the first of December 87. The then Attorney-General exhibited a Bill in Chancery suggesting the Inquisition and that all Forrests Chases and Parks then used and stored with Deer were excepted in the Patent 4 Car. And prayed an Injunction to stay working the Mines Upon the then Attorney-Generals Motion for such Inquisition 14. Dec. 87. it was ordered he be attended with the Patent 4 Car. which as well as the Affidavits of Illegal Proceedings in the Inquisition Theodore objected against the Injunction and the Attorney was accordingly attended Theodore by Answer sets forth the Patent and his Title thereby 15 Jan. 87. 11 Feb. 87. 13 Feb. 87. and that the Exception of Forrests extended only to such Forrests where Jurisdiction of Forrests was not excepted in particular and that the Jurisdiction was taken away by Stat. 16. Car. 1. for default of Courts and Verderers and Regard for sixty Years before 1 Car. 1. And he pleaded in due time his Title to the said Inquisition and Traverseth any Concealment or Detention from the King and pursuant to Orders for continuing his Possession gave 2000 l. Recognizance to prosecute his Traverse with Effect Theodore complained of double Vexation 14 March 87. but the Court refused to stay any Proceedings vid. Stat. 36. E. 3.13 and Stat. 8. H. 6.16 Attorney reported That John Bathurst was willing to attorn Tenant to the King and to bring his Rent into Court and that Theodore and the other Parties had consented thereto and that therefore the Mines might be wrought May 23. 88. Theodore insisting for Payment of the Rent to himself and by Affidavit denying any Consent to the contrary It was ordered that the Rents stay in the Tenants Hands Attorney General caused the Commission and Inquisition to be transmitted into the Exchequer May 26. 88. and there exhibited an Information of Intrusion against Theodore for the Lands and Mines in the Inquisition mentioned At instance of Attorney General Vide Stat. 8 H. 6.16 Stat. 1. H. 8.10 a Lease was granted under the Broad Seal to the said Douglass in consideration of his Costs in Prosecution of the Forrest of Arkiglarchdale alias New-Forrest in Arkilgarthdale and of the Premises in the Inquisition except Fee-Farm Rents for one and fifty Years at six ●ound-eight Shillings per annum Theodore made Affidavit of his Possession Novem. 12. 88. pursuant to the Statute 21 Jacob. and pleaded Not Guilty to the Information of Intrusion Note This Indictment was prosecuted against Theodore at the Instigation of some that bore him Malice because he stood to serve in Parliament for a Burrough to the Inconvenience of thethen fashionabe Interest they promoted and was found upon the Testimony of one who was afterward convicted or Perjury for it Note The defence of these Suits concerned not only the Interest of Theodore Bathurst but also the Remainder to his Children and the Remainders to John Bathurst and his Children which all would have been destroyed if the Suits had not been defended By these multiplicities of Suits and Vexations Proceedings and a Suit in the Exchequer touching the Executors Breach of Trust in granting the twenty one Years Lease to John Bathurst and also by a false and malicious Indictment whereof he was acquitted Theodore hath been put to above fifteen hundred Pound Charge and by stocking part of the Premises thrown into his Hands about Ladyday 1687 he hath been further put to one thousand Pound Charges and was forced to borrow all the Money and having no other Estate he is unable without an Act of Parliament to make any Joynture for his Wife any Provision for his Daughters and younger Children or for payment of his Debts and if a speedy stop be not put to the vexatious Suits he shall be forced to spend five hundred Pound more without any prospect of reimbursement which with the unjust detention of his Rents occasioned thereby will tend to his utter Ruine The which Troubles most likely had not fallen upon him would he have granted to John Bathurst another term of the Mines he and his Agents having often confessed and promised on so doing that they would undertake to take up the Suits or manage them at their own Charge Printed in the Year 1689.