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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A25610 An answer to the pretended case, printed concerning the navigation of the river Wye in the county of Surrey, by shewing the true state thereof. 1670 (1670) Wing A3432B; ESTC R213483 2,321 1

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An Answer to the Pretended Case Printed concerning the Navigation of the River Wye in the County of Surrey by shewing the true state thereof SIR Richard Weston many years designed to make the said River Navigable and cut part of the same through his own Mannor of Sutton as hath been proved before a Committee of this Parliament where above 40 Members were present as by their Resolves hereunder mentioned doth appear but he being Sequestred for his fidelity to the late King agreed in 1651. with one Mr. Pitson a Captain in the Userpers Army to solicit the discharge of his Sequestration and the passing an Act of that pretended Parliament to Authorize the making the said River Navigable and to cover Sir Richards name agreed to make use of the name of the Corporation of Guildford Pitson Scotchier Pitson having solicited and obtained the pretended Act agreements were made that Sir Richard Weston should finish his own design to cut the River Pitson and the rest being wholly ignorant in things of that Nature and that he alone should undertake the work and give security by his Estate to do it within a year unto such as would adventure any moneys for a share in the benefits of the Navigation The profits were agreed to be divided into 24 shares 12 thereof to be to Sir Richard and 12 to such as would adventure 250 l. for a share to raise 3000 l. which was done principally by Scotchier and one Darnelly Sir Richard Weston cut above two parts in three of the said River but yed 2000 ls worth of his own Timber and expended 4000 l. in money and dyed within the year having agreed that 1000 l. more should be raised by Adventurers for 4 shares more but he never sold his Moyety to Pitson or any others as is untruly alledged in the said Case After Sir Richard's death Scotchier and one of Sir Richards younger sons finished the said cut The Heir of Sir Richard Mr. Iohn Weston being never concerned in any of the Contracts nor Receipts of Money and unable to appear his Estate being sold by the Userpers and very often a Prisoner for his Loyalty That in Anno 1654. being after the River was totally finished Accounts being stated it did appear that Pitson had received in his soliciting and transacting amongst adventurers in the said work above 2000 l. more then he had disbursed towards it which appears by exhibits p●oved in the Exchequer But the said whole undertaking was without pretence of Authority the said pretended Act providing that it shall not be lawful to cut or dig the Lands of any person or persons until agreement made with them respectively which was never done in the year 1660 some that had adventured for shares of the hoped for profits of the said River finding themselves to have no Intrest in Law or Equity without agreement with the Land Proprietors endeavoured to bring them all to agree that the River might be maintained and most of them joyned to vest their interest legally in Mr. Dickenson who as Trustee have mannaged their cause and it s proved in the Exchequer that all those joyned with the Land owners have expended about their intrests in the said River above twenty thousand pounds were in quiet possession of the Navigation in Anno 1666. But Mr. Sandys that was never concerned in the River having contracted with Pitson for the shares of profits intended for the Adventurers with promises to get an Act of Parliament and one Radclife haveing got a Pattent from his Majesty to be conservator of the said River thence many differences arose and they procured an Order from the King to suspend the Land-owners receipt of any profits until the Lord Chief Barron should settle an Issue to be tryed in Michaelmas Term 1666. to determine the intrests of the several pretenders Mr. Dickenson Sir Robert Atkins as Councel for the Land-owners and those joyned with them attended the Lord Cheif Barron many times to settle the said issue which could not be done But his Lordship was afterwards pleased to declare some opinion that it was fit to be brought into the Exchequer Chamber by information by the Kings Attorney General against all the pretenders which was done accordingly Some of the Land-owners and those joyned with them answered to the said Information and most of the Defendants never answered nor never were subpenaed those that answered set forth their interests both in Law and Equity and have attended his Lordship above these three years at above 1000 l. expence and the allegations and proofs offered by Mr. Sandys under Mr. Pitson and Mr. Radcliffe were heard but a great part of the proofs and exhibits on the behalf of the Land-owners that answered have not been heard and his Lordship declared that he could make no decree herein neither indeed did the cause come before him as between party and party as Plantiffs and Defendants The Land proprietor with Mr. Weston eldest son of the said Sir Richard humbly offer that the Navigation may be preserved for the publick good by setling the said River upon some Gentlemen of the said County as Trustees to dispose the first profits of the same to maintayn the same Navigable and the residue to the respective persons who have any right or intrest thereunto either in Law or Equity And if the wisdome of Parliament shall think fit that a competent number of the Gentlemen of the said County who have the advantage of all others by being on the place may be empowered to give any competent satisfaction to any that have adventured moneys about the said River and are not relieveable in any of the ordinary Courts of Law or Equity t is humbly submitted Iovis 24. Aprilis 14. Car. 2d Resolved that Sir Richard Weston was the designer and promoter of cuting the River Wye to make it Navigable That the Committee is satisfied That Mr Westons Estate was left him incumbred by reason of his Fathers undertakings of making Wye River Navigable Resolved that the Committee are of opinion by what doth yet appear That Mr Weston has a more Right to a Bill to have the Navigation in the River Wye then Mr. Radcliffe Those are the Votes which I was to report to the house truly Coppied Richard Onslow Note also that Mr. Sandys and Mr. Pitson upon full hearing have had two Bills already dismist concerning their pretensions to this River one thereof in the House of Lords and the other in the House of Commons And that Mr Radcliffe under whom Mr Cresse's claims hath had the like misfortune in both Houses where they preferred two Bills also besides 5 or 6 Tryals at Common Law commenced by the Land proprietors concerning the same and still worsted in all