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 [Page 2]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 its 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.