Record

Reference Numberb705:73 BA14450/233/4/1-4
Hierarchy Browser Number350/4/9/2/3/2
TitleBill of Complaint from Sir Richard Newdigate (Complainant) against Rt. Hon. Gilbert Coventry (Defendant)
DescriptionBill of Complaint put forward by Sir Richard Newdigate, Baronet, to William Cowper, Lord Keeper of the Great Seal of England, against the Right Honourable Gilbert Coventry.
Newdigate's case states that he took out a 21 year lease with the late Thomas Coventry, 1st Earl of Coventry and 5th Baron of Allesborough, paying a yearly rent for the whole. An additional annual payment of £200 for the first 7 years would be given in payment for the 7 Foot Delph of Coal, amounting to payment for the full value of the said delph after the 7 years. Newdigate took this particular close with a design to work and follow the said mines. A covenant in the original lease stated that should the original mines happen to follow into other lands belonging to Lord Coventry, then Newdigate should continue to follow the mines through into such other grounds, which would then be let to Newdigate at the usual rates. These agreed terms were enjoyed by Newdigate for the first 5 years of the agreed 21 year term, after which a lease was drawn up for the remaining 16 years that gave Newdigate free power to open and dig land for the extraction of coal, at the yearly rent of £204 and an extra £200 for first 2 years for the 7 Foot Coal Delph (thus completing the 7 years previously agreed) and an extra £20 for each new mine opened. A covenant was made to grant a new lease upon payment, at end of the 16 year term. Any grounds not named will be rectified in such a new lease. Coventry agreed to grant a new 21 year lease upon the expiration of the last so long as Newdigate paid £5 in gold. Shortly after the execution of this lease, Coventry conveyed the reversion of the premises in fee simple to his son, Gilbert Coventry. Newdigate continued to pay the rents to Gilbert as they became due. In 1705 Newdigate requested that the lease be renewed for another 21 years. £5 in gold was sent to Gilbert Coventry and tendered, and 3 draft leases were drawn up and presented to Coventry for execution. All 3 leases were objected to and refused.
Newdigate claims to have expended a great deal of money on the work carried out so far and wishes to reap the benefits, but cannot continue work without the use of the 7 Foot Coal Delph. Gilbert insists that this Delph is not to be demised by the new lease, whereas Newdigate claims that he has already paid £1400 for this Delph, accounting for all if not more of its absolute purchase price, and that the new lease should be for newly encountered land only. Gilbert states that the said estate mentioned in the lease was settled upon him in marriage and that it is entailed, so that he cannot safely make or execute any new lease - being himself only a tenant for life with remainder to Thomas Coventry, 3rd Earl of Coventry. Newdigate requests that the Lord Keeper direct a letter to Gilbert Coventry, requesting him to appear in court and answer to the above Bill.

Formerly in box 2, bundle 1.
77 pages, divided into 4 folders.
Date28 May 1706
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