Statement of Facts, on the Injurious Treatment of J. Elsee, Esq.: Late Tenant of a Considerable Portion of Havering Park Farm, in the Forest of Hainault, in Certain Transactions with the Commissioners of Woods and Forests, and Their Agents; To Which Are Added Notes in Illustration of the Gross Abuses of the Forest Laws.Elsee, John
History
Statement of Facts, on the Injurious Treatment of J. Elsee, Esq.: Late Tenant of a Considerable Portion of Havering Park Farm, in the Forest of Hainault, in Certain Transactions with the Commissioners of Woods and Forests, and Their Agents; To Which Are Added Notes in Illustration of the Gross Abuses of the Forest Laws.
Elsee, John
Elsee, John -- Trials, litigation, etc.; Land tenure -- Great Britain
The crops of corn to be thrashed out by Mr. Elsee, by the 25th of
March; and he to commence and continue thrashing immediately after
harvest, and the straw to be bound if required, at the expence of Mr.
Ellis.
Mr. Ellis to have the liberty of taking away the thrashing machine by
the 25th of May.
Mr. Elsee to have the use of one stable, and the barn for thrashing,
and accommodation for the carman, and the present tenant and family
in the house, until Lady-day.
Mr. Elsee to have the barn field until Christmas next.
The dung to be valued by measure.
Mr. Elsee to pay all rent, taxes, and outgoings up to Michaelmas.
As soon as the beans are off any field, Mr. Ellis is to enter if he
pleases to broadshare, and Mr. Elsee to put his stock upon it.
The chaff to be divided equally between Mr. Elsee and Mr. Ellis.
R. Peake and E. Driver to value all the above, and if they should
disagree, Mr. Edward Mee to decide between them; and the two former
to meet within one month, to ascertain the quantity of straw, and the
value thereof to be fixed, and paid for at Michaelmas next.
Signed, JOHN ELSEE.
JAMES ELLIS.
Witness, R. DAVIS.
This agreement, of course, was not made in the most distant intention of
invalidating the original agreement with the commissioners, nor could it
legally have any such effect, the commissioners not being in any way
parties to it; yet such an effect was produced by the arbitrators, to the
serious injury of Mr. Elsee; _for they left him to seek payment from the
new tenant for the hay_, _fixtures_, _&c. which it was stipulated should
be deducted from the rent due to the crown_; _and the crown was made to
demand in a most peremptory manner_, _the whole of an enormously
unreasonable award in its favour_, _when Mr. Elsee_, _if he had been
fairly dealt with_, _even according to the conditions of the agreement_,
_which he had signed without any business to do so_, _would have been a_
creditor, _instead of a debtor of the crown_.
Upon the memorandum we have quoted, it is necessary to remark, that the
two fields of wheat which was carried to Chigwell Row, contained only 18
acres tenant’s measure, and the whole produce was carried at 13 loads,
with three horses. The weeds and rubbish of the bean field was four
loads, _the bean crop having entirely failed_, making together 17 loads.
Mr. Elsee took these crops for the straw, and proposed to bring back all
the spit-dung in his yard at Chigwell Row, and lay it in a proper heap
for measurement; and whatever excess of quantity there might be in
reference to the wheat straw, was to be set off against the dung to be
brought on account of the hay that might afterwards be carried from the
farm. This was agreed to, and a place pointed out for its being brought
to.
Public-domain text, read in full here on John Shaqi.
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