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<DATE>2014-11-05</DATE>
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<NAME>John Pas</NAME>
<RESP>MURP</RESP>
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<ITEM>Proofed and reviewed as part of batch B140410.apex.</ITEM>
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<IDG S="marc" R="UM" ID="B25453">
<STC T="W">K321</STC>
<STC T="G">816.m.9[6]</STC>
<STC T="C">R224574</STC>
<BIBNO T="umi">99885518</BIBNO>
<VID>185213</VID>
</IDG><!-- alt.stc G816.m.9[6] --><!-- alt.stc CR224574 -->
<TEXT LANG="eng">
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<DIV1 TYPE="text">
<PB REF="1" MS="y">
<HEAD><HI>THO. KENTISH</HI> a Tru&s;tee for certain Indigent Poor, his <HI>Complaint</HI> of great Injuries do<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> the <HI>City</HI> and their Officers, Mr. <HI>Oddy</HI> and others, <HI>&amp;c.</HI> drawn up at the Invitation of the <HI>Lord <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 word"></HI> and Court of Aldermen, in their Order dated <HI>Sept.</HI> 17. 1689. wherein they Honourably promi&s;e to hear his Complaint, and do him Right.</HEAD>
<P N="1">1. THat in or about 1684. an Hou&s;e on the middle Ea&s;t part of <HI>London-Bridge,</HI> which co&s;t above 220 <HI>l.</HI> and was <NOTE PLACE="marg"><GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">int.</NOTE> bequeathed in Tru&s;t for paying a weekly Charity of 10 <HI>l.</HI> 8 <HI>s. per Ann.</HI> for above 30 years then to come, was demoli&s;hed by the City and <HI>Bridge-hou&s;e</HI> Officers and Work-men, as a Nu&s;ance, without giving him the Tru&s;tee any previous notice of an Indictment, and <HI>without offering any rea&s;onable Terms;</HI> tho he had under his Hand once and again profe&s;&s;ed his readine&s;s for the publick Good to do any thing he could do Legally and Hone&s;tly; and had de|clared his hard Ca&s;e, both as under a 7 years Lea&s;e to an unrea&s;onable Tenant, and more than a 30 years Tru&s;t for needy Poor: And tho (as now appears) Terms ea&s;ie enough were granted others, and particularly the Widow <HI>Webb.</HI> Nay, when they would offer no Terms, <HI>T. K.</HI> did offer to build if the Tenant would pay the Rent in Arrear already disbur&s;ed to the Poor, and deliver up his Lea&s;e; and if the City would bate &s;ome Rent for the Rooms to be lo&s;t over the Street. Both which were denyed.</P>
<P>Mr. <HI>Oddy</HI>'s An&s;wer in <HI>Chancery</HI> owns all <HI>T. K.</HI>'s offers, and much of the City's denyals and injurious pro|cedures; <NOTE PLACE="marg">Proof.</NOTE> and his Letters compleat the Evidence.</P>
<LIST>
<ITEM>1. His Letter dated <HI>Aug.</HI> 1. 1684. &s;aith, <HI>The Committee cannot abate any thing of the pre&s;ent Rent, &amp;c.</HI></ITEM>
<ITEM>2. His Letter dated <HI>Augu&s;t</HI> 9. &s;aith, <HI>The Committee upon reading your Ca&s;e, &s;ent for your Tenant, and prevailed with him to pay a Quarters Rent, and to &s;urrender his Lea&s;e;&mdash;and in this the Committee have done all they can for you.</HI> Now thus <HI>T. K.</HI> mu&s;t buy his Tenant out of the 7 years Lea&s;e he had bought him into. For when ano|ther offered 26 <HI>l. per ann.</HI> for a year or two, without Lea&s;e, this Tenant for a 7 years Lea&s;e had it at 18 <HI>l. per ann.</HI> he had bin in po&s;&s;e&s;&s;ion of it now almo&s;t two years, and for that time the other would have given 52 <HI>l.</HI> he had payd but 18 <HI>l.</HI> and would have payd but 4 <HI>l.</HI> 10 <HI>s.</HI> more, and yet have bin rid of his 7 years Lea&s;e.</ITEM>
<ITEM>3. His next Letter, dated <HI>Octob.</HI> 15. 1684. &s;aith, <HI>The Sheriffs Officers intend to morrow to Level and remove part of your Hou&s;e adjudged a Common Nu&s;ance,</HI> &amp;c.</ITEM>
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<P N="2"><NOTE PLACE="marg">Complaint.</NOTE>2. That after this demoli&s;hment, He (zealous of Peace and the publick good, and not &s;u&s;picious of Fraudulencies) was by &s;everal Artifices drawn to di&s;charge his Tenant, and ingage him&s;elf in Articles for Building, before he could come at his old Lea&s;e, or get Po&s;&s;e&s;&s;ion or &s;ight of his Hou&s;e and its ruines. The Key being then delivered, and he find|ing that (in the time of this Treaty) his Chimneys, Stairs and Foundations, had bin &s;o removed, that no vi&s;ible Evidence was left of the true Dimen&s;ions, <HI>he made a General Agreement with the Carpenter, who was to build on both &s;ides,</HI> and who&s;e own Hou&s;e joyned to his North-&s;ide, <HI>to build for him a new Hou&s;e on his Ground, not mentioning any mea&s;ure of Breadth, which would have bin &s;ome &s;ecurity to him, and &s;ome awe upon the Carpenter.</HI> But Mr. <HI>Oddy</HI> (having promi&s;ed to bear this Car|penter out) did with others for his Security and at his &s;ole de&s;ire (who had de&s;ignedly made the&s;e Ruines, and was to gain by them) make a pretended Survey when none but the Front-wall was &s;tanding &s;et out for <HI>K.</HI> both Front and R<GAP DESC="illegible" RESP="KEYERS" EXTENT="2 letters">e, and therein but part of his Ground for the whole, <HI>viz.</HI> le&s;s than 11 Foot for more than 17 Foot breadth, as appears at the poynt of the unmoved Stone-Peer, laying the re&s;t (which was the bredth in which &s;tood 3 Chimnies, a Stair <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">a&s;e, Counting-hou&s;e and other Conveniences in an additional Building on the North-&s;ide the main Rooms and Roof) into the Carpenters own Ground or bredth. By this means the Carpenter hath &s;old or di&s;po&s;ed &s;everal Foot-bredth to others; and pleads he hath built <HI>K.</HI>'s Hou&s;e on all his Ground, becau&s;e all the City &s;et out for him: <HI>K.</HI>'s Hou&s;e is u&s;ele&s;s and unhabitable, &s;tanding but upon part of his Ground; and yet he hath bin forced to lay down for it the Price agreed only to be payd for a convenient Hou&s;e on his whole Ground: and the City hath Lett that Ground to others, which was for 30 years to come under Lea&s;e to <HI>Kenti&s;h.</HI></P>
<LIST>
<ITEM>1. The general Agreement with Carpenter without mea&s;ure of bredth, appears by &s;ealed Articles. <NOTE PLACE="marg">Proof.</NOTE></ITEM>
<ITEM>2. The Account of the injurious admea&s;urement under Mr. <HI>Oddy</HI>'s own hand. <HI>The Front of</HI> Mr. Kenti&s;h'<HI>s hou&s;e will be 11 foot, and the Rear at 28 foot deep but 10 foot 10 Inches, clear of all Intermixtures upright, from the mid<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> of one Partition to the middle of the other.</HI> Admea&s;ured the <HI>22th.</HI> of <HI>Apr.</HI> 1685. Phil. Oddy.</ITEM>
<ITEM>3. The Injuriou&s;ne&s;s of this Admea&s;urement proved by 5 or 6 <HI>Affidavits</HI> made before Sir <HI>T. Pilkington</HI> Lord Maior, which are plain and indi&s;putable, and made by unconcerned per&s;ons, <HI>Anno</HI> 1689. and 1690.</ITEM>
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<P>We prove,
<LIST>
<ITEM>(1) That the Lea&s;e grants all the Rooms from Shop to Garret 11 foot bredth, and 28 foot, 10 Inches length, be&s;ides Appurtenances.</ITEM>
<ITEM>(2) That on the North-&s;ide out of the&s;e 11 foot Rooms and their Roof, was appurtenant thereto an addi|tional Building, in which were the Chimnies, commencing about 2 or 3 foot from the pre&s;ent new Front, and beyond the&s;e Chimnies Ea&s;tward a Counting-hou&s;e, Stair-ca&s;e, Hou&s;e of Office, and other Conveniences under a di&s;tinct Roof of their own.</ITEM>
<ITEM>(3) That the 11 foot Rooms of the old Hou&s;e ran &s;trait, without any Cumberance of the Chimnies and Stairs in them, and that the Rooms of the new Hou&s;e are but 10 foot and &frac12; within the Walls, and they are &s;o cumbered and filled up with the Chimnies and Stairs, that the Hou&s;e is hardly habitable.</ITEM>
<ITEM>(4) That the additional Building at the Rere, &s;tanding over the poynt of the unmoved Stone-Peer, joyned <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 word"> that Hou&s;e on his North-&s;ide at lea&s;t a foot or 2 &s;hort of the North-&s;ide of that poynt; but by taking fro<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> <HI>K.</HI> the bredth of this additional Building, the new Hou&s;es now joyn full 4 foot Southwards from that u<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">+moved poynt: So that there is apparently 5 or 6 foot injury done him in bredth on that &s;ide. Yet we <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">+ther prove,</ITEM>
<ITEM>(5) That bredth is al&s;o taken from <HI>T. K.</HI>'s South-&s;ide; not only 3 Inches, which are confe&s;&s;ed in the An&s;wer in <HI>Chancery,</HI> but above a foot, as appears by the Increa&s;e of bredth in the two adjacent Hou&s;es on that &s;ide from 20 foot nine Inches, if &s;o much, unto 22 foot or thereabouts.</ITEM>
</LIST></P>
<P>Again&s;t the&s;e Complaints and Evidences, Mr. <HI>Oddy</HI> &s;eems to have material Pleas and Objections, from &s;ome bold Oaths in <HI>Chancery,</HI> his own and others, from &s;ome Papers and Writings, and from &s;ome darkne&s;s and defect in <HI>K.</HI>'s City Lea&s;e, which could only be known to him, and others by him, who took occa&s;ion and encouragement thence for this whole Intriege. The&s;e may &s;eem to do him &s;ome &s;ervice, while only whi&s;pered into &s;ome mens ears; yet 'tis his great skill and the Ma&s;ter-piece of his policy to keep them from a cool hearing and full An&s;wer, for that would open &s;uch my&s;teries as would make his be&s;t Friends blu&s;h. To prevent therefore an hearing in <HI>We&s;tmin&s;ter-hall, K.</HI> is promi&s;ed an hearing and <GAP DESC="illegible" RESP="KEYERS" EXTENT="2 letters">ighting by the Court of Aldermen; to prevent an hearing there, a Reference to Arbitrators is de&s;ired: To prevent this, <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">he City long in&s;i&s;ts, that one who was a party, and deeply guilty in the things complained of, &s;hould be an Arbitrator. At la&s;t, in 6 or 7 months time Arbitrators are fixt and Bonds &s;ealed. But then the 4 mu&s;t all meet together, and Mr. <HI>Odd<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"></HI> <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">o, or nothing could be done; Mr. <HI>Oddy</HI> had therefore skill and influence enough to prevent any &s;ea&s;onable meeting<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> <GAP DESC="illegible" RESP="KEYERS" EXTENT="2 letters"> hearing, or final determining. And &s;o the Arbitration Bonds are expired, and the matter not heard. Thus after <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ny months tedious and chargeable Attendances on the City for Ju&s;tice, in a matter of injured Charit<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">, <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 span"> to &s;eek his redre&s;s at Law, where the City will have the honour of defending their injurious Servants by a<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 span"> &s;o again&s;t the private Pur&s;e of the injured Tru&s;tee of nece&s;&s;itous Poor.</P>
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