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<DATE>2013-02-25</DATE>
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<NAME>Mona Logarbo</NAME>
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<ITEM>Proofed and reviewed as part of batch B120717.pdcc.</ITEM>
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<STC T="W">C1185A</STC>
<STC T="C">R175681</STC>
<BIBNO T="oclc">[ocm]62369070</BIBNO>
<VID>187823</VID>
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<HEAD>The <HI>CASE</HI> of <HI>Thomas Eyre</HI> E&s;q; Re&s;pondent to the Petition of <HI>Thomas Eyre, William Ing, Henry Balgay</HI> E&s;quires, and other Appealants.</HEAD>
<P>_KING <HI>Charles</HI> the Fir&s;t of ever ble&s;&s;ed Memory, in the Tenth Year of His Reign, was &s;eized of the For|re&s;t of <HI>High Peak</HI> in the County of <HI>Darby,</HI> then and before, plentifully &s;tored with Red Deer, that there were Forre&s;ters there, and the Forre&s;t Laws continually put in execution; that the Freeholders and Tenants of the &s;everal Towns within the &s;aid Forre&s;t, <HI>viz.</HI> of <HI>Bowden, Middle-cale, Chappel</HI> in <HI>la Frith, Shalcro&s;s, Fairfeild, Fernaly, Ca&s;tletan, Mellor, Hope, Bradwell,</HI> and <HI>Wormhill,</HI> finding them&s;elves much aggreived, not only with the Deer by eating up their Corn and Gra&s;s, but al&s;o with the Severity of the Laws of the &s;aid Forre&s;t, did Petition His &s;aid Maje&s;ty to de&s;troy the &s;aid Forre&s;t, and improve his Wa&s;ts and Commons there, which were very large, whereupon the King was mo&s;t Graciou&s;ly plea&s;ed to conde&s;|cend to the de&s;truction of the &s;ame, to which purpo&s;e he i&s;&s;<GAP DESC="illegible" EXTENT="1 letter">ed forth his Commi&s;&s;ion out of His Dutchy, to enquire as well of His as of the Tenants claimes within the &s;aid Forre&s;t, with power to the Sheriff to Impanual Juries, and likewi&s;e Power to &s;wear them to that purpo&s;e, and in&s;tructions were annexed to the &s;aid Commi&s;&s;ion, what particulars &s;hould be given in Charge to the Jury; and one Jury did pre&s;ent that the King might rea&s;onably imploy one Moyety of the Wa&s;ts within the &s;aid Forre&s;t, after which Pre&s;entment Mr. <HI>Woodroff</HI> a Counceller at Law of the <HI>Inner Temple,</HI> who lived in <HI>Hope</HI> alore&s;aid, and had Land in <HI>Hope</HI> and <HI>Bradwell</HI> afore&s;aid, worth 400 <HI>l. per Annum,</HI> was entru&s;ted by all the other the &s;aid Towns, as well as <HI>Hope</HI> and <HI>Bradwell,</HI> to mannage all their Affairs concerning their improving the &s;aid Commons, with the Lord <HI>Newburgh</HI> then Chancellor of the Dutchy; and in the Year 1639 as appears by the &s;aid Mr. <HI>Woodroffs</HI> Letter, the Lord <HI>Newburgh</HI> directed Agents &s;hould be &s;ent up, to Treat and Agree with his Lord&s;hip for the Commons, which accordingly was done, and all the &s;aid Towns &s;ent up their re&s;pective Agents, and the Towns of <HI>Hope</HI> and <HI>Bradwell,</HI> did then particularly Employ and Entru&s;t for the pur|po&s;es afore&s;aid, the &s;aid Mr. <HI>Woodroff,</HI> and one <HI>Thomas Eyre</HI> of <HI>Shatton,</HI> who&s;e Charges were born by the &s;aid Towns, and the Town of <HI>Wormhill</HI> did &s;end up and entru&s;t one <HI>Bandoll Brock</HI> then Servant to <HI>Rowland Eyre</HI> E&s;q; and one <HI>Thomas Harrold</HI> who&s;e Charges were likewi&s;e born by that Town, and all the &s;everal Agents for the re&s;pective Towns within the &s;aid Forre&s;t for which they were entru&s;ted, did Con&s;ent and Agree, that His then Maje&s;ty &s;hould have a Moyety of their Wa&s;ts, at which time the Agents for <HI>Bowden, Middle-cale,</HI> did Contract and Agree for the Kings Moyety within them for a Fine and Yearly Rent, all the &s;aid Commons were Sur|veyed, and mo&s;t of them divided into Two equal parts, one for His then Maje&s;ty, and the other for the Tenants; before the &s;aid Agents were &s;ent to treat with the then Chancellor for the purpo&s;e afore&s;aid, and the Agents for the Towns within the &s;aid Forre&s;t having all Agreed and Con&s;ented that the King &s;hould have one Moyety of the Commons, and <HI>Bowden Middle-cale</HI> having Contracted for the Kings Moyety within them, His then Maje&s;ty being on His part to de&s;troy the &s;aid Forre&s;t, accordingly did de&s;troy the &s;ame, and any Per&s;on after the fir&s;t Days Hunting had liberty to kill Deer there, and the Forre&s;ters from the remote parts of the &s;aid For|re&s;t did fetch in the Deer into the Campain or the plain part of the Forre&s;t that they might the more ea&s;ily there be killed and ut|terly de&s;troyed, and &s;o His Maje&s;ty had then performed what on His part was to be done, and pre&s;ently after that the late horrid Rebellion broke out, which put a &s;top to His then Maje&s;ties Improving or Farming His Moyety of the &s;aid Commons, and the now Appealants ever &s;ince that time do enjoy all the Profits of the &s;aid Commons, as well the Kings as their own part, &s;o that His &s;aid late Maje&s;ty never received any Profit or Compen&s;ation for the de&s;truction of His Forre&s;t, all which proceedings as afore&s;aid be|ing tran&s;acted at the then Chancellors Hou&s;e, mo&s;t of the Records relating to that matter, are either lo&s;t or mi&s;laid.</P>
<P>And to prevent all ju&s;t Accu&s;ations of a project or &s;urprize of the Country, the re&s;tored Fourteen Years, and then obtained Grants from the Queen Dowager, of the &s;aid Moyety belonging to the Grown, being part of Her &s;aid Maje&s;ties Joincture under a Yearly Rent, with a clau&s;e of Determination in theGrant for non-payment of the Rent, and likewi&s;e obtained a Grant of the rever&s;ion from His &s;aid late Maje&s;ty King <HI>Charles</HI> the Second, and then the Relator <HI>Eyre</HI> entred upon the &s;ame, and the Freeholders in all as well as in the&s;e Towns of <HI>Bradwell, Hope,</HI> and <HI>Wormhill,</HI> did deny the Kings Right, and claimed all to be their own but the Soyle, Whereupon the late King and Queen Dowager by their Attornies the now Lord Privy Seal, the Earl of <HI>Che&s;terfeild,</HI> the Lord Chief Baron <HI>Mountague,</HI> the King and Queens &s;urviving Tru&s;tees, the Relator <HI>Eyre,</HI> and <HI>George Shaw,</HI> in the Year 1674 exhibited an In|formation, <HI>&amp;c.</HI> the Inhabitants of <HI>Bowden, Middle-cale,</HI> 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, and on re-hearing the &s;ame Cau&s;e the Decree was confirmed, after which another Information was exhibited again&s;t all the Freeholders in the Towns of <HI>Ca&s;tletan, Mellor, Chappel</HI> in <HI>la Frith, Shalcro&s;s, Fairfeild, Fernaly, Hope, Bradwell,</HI> and <HI>Wormhill,</HI> which Information was to the &s;ame effects as the former, and after another long and tedious Suit, upon the very &s;ame proofs as in the former Suit obtained a Decree, which upon a re-hearing was likewi&s;e confirmed, and the now Appealants <HI>William Ing, Thomas Eyre, Henry Balgay,</HI> &amp;c. were all &s;erved with Privy Seals out of the Dutchy Court but did not appear, but &s;tood in contempt till after the Decree upon the &s;aid la&s;t mentioned Information wherein they were named parties, and then came and prayed that they might be heard, whereupon a Third Information was exhibited again&s;t them, and after &s;everal hearings obtained a Decree for the Kings <GAP DESC="illegible" EXTENT="1 word"> within the Towns of <HI>Hope, Bradwel,</HI> and <HI>Wormhill,</HI> which Decree la&s;t mentioned upon re-hearing was confirmed; The&s;e Three Towns which now complain are the be&s;t Land, and did lie in mo&s;t of the &s;poyle of the Deer, would have all tho&s;e Towns as <HI>Bowden, Middle-cale, Mellor, Shalcro&s;s,</HI> which are very Barren and Bog|gy Land to be bound by the Agreement, and theirs being the be&s;t Land to be unconcerned, and would after Forty &s;ix Years, the Deer being de&s;troyed as afore&s;aid in execution of the &s;aid Agreement on the Kings part, and the King having performed His part of the &s;aid Agreement, they endeavour to compel His Maje&s;ty to try this Agreement at Law made Forty &s;ix Years &s;ince, and by &s;uch Tryal de&s;ign to overthrow the &s;aid Decree &s;o &s;olemnly made in a matter properly examinable and determinable in equity, in the &s;aid Court of Dutchy, being the Kings Court of Revenue as well as a Court of Equity, having proper Juri&s;diction of the &s;aid Cau&s;e, and having &s;o deliberately heard and determined the &s;ame.</P>
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