The CASE of Sir Thomas Ashfeild of Chesham in the County of Bucks, Knight.
THat Sir John Trevor, Sir Ralph Freeman, Sir Thomas Bludder, Lancelot Lake Esq (now Knight) and Abraham Perrot, (the said Perrots name being used in trust for Hampden Ashfeild, and Hampden Ashfeilds name being used in trust for the said Thomas Ashfields; being Farmers by Patent of all the Customes of Sea-Coale from New-Castle, and other places, to his late sacred Majesty Charles the first of ever blessed Memory, Did in the year 1639. (having then eleven years to come of the term to them granted) Renew the said Patent for 22. years, at 200000 l. fine paid, and the Rent of 8300 l. per annum, which term expired at Christmas. 1660.
That the said Thomas Ashfeild in 1643. was Sequestred by the then Parliament for being in Arms for his Majesty, and never since received any of the profits of the said Customes; lost 700 l. a year in Land, 1200 l. personal Estate, and 1500 l. in Woods distroyed: And was most part of that Time a Prisoner under merciless Goales, and part of that time a Prisoner under Jeremy Whichcot, then and now VVarden of the Goale of the Fleet, who about 14. years since was but a Clark to Henry Pitts an Attorney, and is now a Barronet.
That the said Thomas Ashfeild in December, 1656. (being a Prisoner in the Fleet) conveyed all his interest of and in 500 l. a year Land of inheritance at Chesham aforesaid, 200 l. a year in Lands in Kent, which he had during the life of his then Wife, and a fift part of the profits of the said Customes, and the Arreares thereof, being then above 16000 l. (in the hands of the said Patentees,) unto the said Jeremy Whichcot; Upon condition that the said Whichcot should pay his the said Ashfeild Debts being 3298 l. in a Schedule annexed to the Deed, Allow him 200 l. per annum, and his Mansion House at Chesham, and some grounds thereto belonging; and the said Whichcot being out of the Rents and profits of the premisses, or otherwise, allowed such sums of Money as he should so disburse, was to reconvey.
That the said Whichcot having thereby got into the possession of the premisses, Hath received the Rents and profits of the said Lands at Chesham, for six years ending in December last, amounting to 2820 l. and also the Rents and profits of the Lands in Kent, and in Moneys raised by Sale thereof, amounting to 1200 l. and also at least 5000 l. of the profits of the said Customes, amounting in all to 9020 l. without interest; Hath not paid the said Debts, but suffers himself to be sued for the same, and reconeth all the charges of such suites to the said Ashfeild; and hath not paid any part of the said 200 l. a year to the said Ashfeild, or permitted him to enjoy his said House, or Grounds, or allowed him any part of his Estate, but threatened to Starve him; and caused two of his Officers with their Swords to assault him, and bring him to Prison again for the same Debts which he the said Whichcot had undertook to satisfie as aforesaid, although upon a Writt directed to him out of the Court of Chancery he had retorned the said Ashfeild no Prisoner.
That the said Ashfeild in Trinity Term 1658. exhibited his Bill into the Court of Exchequer, to compel the said Whichcot, to accompt, and reconvey; And the said Whichcot put in his Answer there to the same Term, and thereby set forth several Particulars relating to the Accompt; Yet the said Whichcot subtilly and cunningly to Patch up an accompt, and to prevent its Examination in Court, did the 28. of November, 1659. send an accompt to the said Ashfeild wherein he chargeth him as followeth,
| Paid to the said Ashfeild upon the sealing of the said Conveyance | l. 800 | Whereas he carryed 500 l. thereof back again, saying he would have that for his pains he was to take in the business; and a great part of the 300 l. residue, he then Deducted and patched up for Chamber Rent, Habeas corpus, and eight pence per Diem for Out goings, exacted by him of his Prisoners, but never taken by any other Warden of the Fleet. |
| For his pains more | 450 l. | |
| For taking off the Sequestration. | 500 l. | Whereas the fees came not to 20 l. the said Ashfeild having his Quietus-est long before. |
| For Law Charges | 1000 l. | |
| For drawing and engrossing Conveyances | 40 l. | And yet would never deliver the Conterparts to the said Ashfeild. |
| Paid to Mr. Beix upon a Judgment | 2900 l. | Who upon his Oath, by Answer saith he received but 1100. |
| Paid to John Lake upon a Judgement. | 50 l. | All which said pretended Judgements the said Whichcot gave Warrants of atturney to be confessed against the said Ashfeild without his privity or knowledg. |
| Paid to Robert Goodwyn upon a Judgment | 266 l. | |
| For the interest of those Extravigant sums. | 560 l. | And Divers other sums as faulse as these. |
And when he had Scored as long as he pleased, he Deducts one of his thousand pounds, for the Purchase of the said Ashfeilds interest in the said fift-part, of the said Customes, being of the yearly value of 2000 l. Eight years in arreare, and four years to come in the Patent. And that 1000 l. (so pretended to be paid as aforesaid three years after the said Conveyance) is his pretended purchase money, appears by the said Accompt.
That the said Whichcot having thus defeated the said Ashfeild, and knowing the value of the said Customes, and that the said Patent was neer expired, and that all the Patentees (except the said Ashfeild) had been great Gainers, and the said Ashfeild the only Looser I And having a design as it seemeth to defeate his now Majesty in the said Customes, and for that purpose making use of the Lord Viscount Mordan [...], and Sir Thomas Peyton, did in April 1660. at Breda, by surprize and mis-information (as may be well suspected) procure a Lease from his Now Majesty of the Home-vent, out of the River of Tyne, (being the Greatest-part of the said Customes) for 31. years to commence at Christmas 1660. at the yearly Rent of 1836 l. 12 s. 00 d.
That the Cause between the said Ashfeild, and Whichcot, comming to hearing before the Barons of the Exchequer the 13 of November last, It was then Ordered, that the said Whichcot should forthwith accompt with the said Ashfeild for the profits of the said Lands in the Counties of Buck, and Kent; And as to the said fift-part of the said Customes, he is to accompt only for the said sum of 1000 l. for the purchase thereof; which was all the Releif that Court could then give the said Ashfeild, in regard of the unreasonable Covenants in the said Conveyance, obtained by the said Whichcot when the said Ashfeild was his Prisoner, and sick in his Bed; against which (as he is advised) he cannot be relieved but by this Honorable Court of Parliament.
That in regard the said Ashfeild hath now discovered this great wrong done to his Majesties Revenue, (being a Revenue settled upon the Crown by Act of Parliament) whereby his Majesty is defeated of his ancient fine and Rent to a very great value, And the said Ashfeild deprived of the benefit of Renewing the said Patent, whereby his Majesty might have had his ancient Fine and Rent, and the said Ashfeild have been thereby recompenced for his suffering, whereby and by the cruelty of the said Whichcot he is utterly ruin'd unless by this High and Honorable Court of Parliament he find releif.
He therefore Humbly Offereth (if the said Lease may be resumed, and that he and such others as he shall procure may be admitted tenants to the said Customes of the Home vent, for the term of 31. years) to give his Majesty the yearly Rent of 5836 l. 12 s. for the same, being 4000 l. a year more then is now given, and which in 31. years amounts to 124000 l. without interest; Or if he and such others as he shall procure may be admitted Tenants to all the said Customes, for the Term aforesaid, then to give his Majesty his ancient fine and Rent.