THe Dean and Chapter of Christs Church in Oxford were seised in see, in right of their Church, of a certain Medow called Frideswides Medow, lying near unto Oxford, and the said Medow lying near unto Oxford was, during the time that Oxford was a Garrison for the late King, very much turfed and digged, and had several Bulworks made upon it, and the Rivers of Charwell and Thames were by His Majesties souldiers turned in upon it, and lay all over it during the late wars, the better to keep the enemy from the Garrison; by reason of which digging, turfing and floating, and the long lying of the waters upon it, the same was almost altogether spoiled, and did bear nothing but Flags and Sedge, and did become marshy ground, so that after the wars the same was very little worth.

Whereupon Dr. Reynolds (now Lord Bishop of Norwich) the Dean, and the then Chapter of the said Church, conceiving that they were not enabled by any Charter or Grant to hold the said Medow in their own hands, and to their own uses, but that according to their trust they were obliged to let the same at an improved rent in Corn for the benefit of the whole Society, which consists of a 100. Students and divers other Scholars, and being desirous that the said Me­dow should be improved and made good again for the benefit of themselves and their successors, did by their Indenture under their Common Seal, bearing date on the 20 day of Feb. in the year of our Lord 1649. demise the same unto the said Will. Adkins for 21. years thence next ensuing, at and under an im­proved rent in Money and Corn, according to the Statute of the 18. Eliz, and also finding by old rent, rolls and records, that the old rent of the said Medow was 10 l. 6 s. per an. or there abouts, they did improve the same in Money and Corn, which now usully amounts Communibus annis to 35 l. per an. which hath been since paid and employed for the benefit of the whole Society, according to the intent of the founder, and the said will. Adkins did also then pay to the said Dean and Chapter for a Fine for the said Lease the summe of 500 l.

That afterwards the said Will. Adkins was at very great Charges for several yeares together, in throwing down the Bulworks which were upon it, in drein­ing, scouring and trenching the Rivers and Ditches; in laying soil and Compost upon the same, and in planting many trees thereupon, and in other good hus­bandry, which cost the said Will. Adkins at the least 800 l. in so much, that he did thereby improve the said Medow to be worth yearly as much more as it was worth when the said Will. Adkins did first enter upon it.

That after this the said Will. Adkins did renew the Lease from the Dean and Chapter again, who by their Indenture under their Common Seal, bearing date the 10. day of March, 1654. did demise the same unto the said Will. Adkins for 21. yeares thence next ensuing, at and under the said former improved rent in Money and Corn, for which said new Lease Adkins did pay unto them the summe of 300 l. for a Fine; whereby it appeares that the said Adkins did disburse in Fines and the said other Charges for the improving of the said Premisses, the summe of 1600 l. at the least.

That the said Medow after all his said Charges disbursed upon it, not being worth above 100 l. per annum, the Profits thereof hitherto have not near sa­tisfied unto him the yearly Interest of his Money, and the Colledge yearly Rents and Taxes, that he hath paid for the same.

And yet not withstanding, after the Restitution of His Majesty, Dr. Fell being made Dean of the said Church, he and the present Chapter being desirous to have the said Medow to their own uses again, and pretending that the said Adkins's Lease was void in Law, in regard that the said Medow had not formerly been demised, did without allowing any satisfaction to Adkins about two yeares since Commence an action of Ejectment in the name of one Thomas Hud­ [...] [...] Adkins. and the said Cause coming co tryal at the same A [...]zes for the County of Oxford, in the year 1661. the said Defendant Adkins did then make proof of all the said matters of fact, and the Jury were then ready to have given a Verdict for Adkins, but Dr. Fell the Dean, and Dr. Dolben the Treasurer of the said Colledge, being both present in the Court, per­ceiving the same, did move the Judge that the matters in difference betwixt the parties should be referred to the determination and award of an Arbitra­tor of their own choosing, and thereupon it was ordered at the said Assizes, that a Verdict by consent should be found for the Plaintiffs, and that all the dif­ferences betwixt the parties should be referred to the said Arbitrator, and that the Postea should remain in the hands of the Clerk of the Assizes untill Mr. Justice Windham should give order to the contrary, as by that order may appear.

Upon which reference the said Arbitrator did take much pains to settle the differences betwixt them, but could not; and did therefore at last (to prevent the ruine of the said Adkins and his family) on his Award in writing; bearing date on the 28. day of October, 1661. betwixt the said parties, award that the said Dean and Chapter should pay to the said Adkins, towards the satisfaction of all his Monies and Costs, the summe of 600 l. at our Lady-day then next fol­lowing; and that in case the said Monies should be then paid, that then the said Adkins should surrender up his possession and Lease to them; but in case that the Monies should not be then paid, that then the said Adkins or his Assignes should hold and enjoy the said Medow for the term of 7. years only then next ensuing, and should at the end of the term of 7. years deliver up his Lease and possession to the said Dean and Chapter, as by the Award may appear.

And although the said Arbitrator did not award unto Adkins one half of the Monies due to him, or that in case the said Monies should not be paid to him, did award to him but one half of the term, he having 14. years to come in his term at the time of the said Award; yet the said Dean and Chapter did refuse to stand to the Award made by the said Arbitrator of their own choosing; and yet notwithstanding all the said premisses, the said Dean and Chapter did in the last Mich. Term commence a new action of Ejectment in the name of the said Thomas Hudson their former Lessee, against the said Adkins for the reco­vering the possession of the said Medow from him, and the Cause did come to tryal this last Assizes at Oxford, and a Jury did appear, which were returned by the Prothonotary the last Term by order of the Court of Common-pleas.

And the Defendant Adkins having made full proof of all the said Monies disbursed by him for the benefit of the Inheritance of the said Colledge, and all the said before mentioned matters of fact, the Jury after a long and full evidence given on both sides, did find their Verdict for the Defendant Adkins.

And yet notwithstanding it is endeavoured that a Proviso be added unto the Act for confirming of Colledge Leases, that the said Act shall not ex­tend to confirm any Leases made of any Lands which were not let or dimised for eleven years or more before the year of our Lord 1640. which Proviso if it should passe, would destroy the said Lease of Adkins, and many more Leases, which this Dean Fell and the present Chapter of Christs Church have confirmed of Lands never let before in Lease, till Bishop Reynolds let them at that time when Adkins took his Lease of him.

And likewise at All-souls Colledge in Oxon they have renewed severall Leases of Lands that were never put in Lease, till much about the time Adkins took his Lease of Bishop Reynolds, and at New Colledge in Oxford they have renewed with many Tenants within this year and a half, and confirmed their Leases of Lands that were never put in Lease before about twelve years ago by those that were then Governours in that place.

And yet Adkins doubts not but to prove and make it appear that the said Medow hath been in ancient times demised at an old Rent, and the said Lease is good by the Laws of this Land, if it be not avoided by the said Proviso.

And it is manifestly known that Dr. Fell who lays claim to half this Medow for himself, as he is now Dean of Christs Church, was never formerly invested in any part of it, nor those five Canons likewise who seek to take the other from Adkins, and the improved Rent from the Students, which likewise were not formerly invested in these Lands. And the other two old Canons are those that were there when Bishop Reynolds let the Lease to Adkins, and took their Fines. and remain established Canons there still.

The premisses considered, it is humbly submitted to judgment what these Leases can be worth to those Tenants who have paid great Fines, and have renewed their Leases within these two years, with these Governours, if they be called away, and other Governours put in their places.

And therefore the said Adkins humbly prayes and hope, that the Proviso shall not passe, but that his Lease may be confirmed as well as other Colledge Lea­ses, and that the Law may determine the Title of the same betwixt him and the said Dean and Chapter.