| Description | 'The Answers of the Honourable Gilbert Coventry, esquire, one of the defendants to the Bill of Complaint of Sir Richard Newdigate, Baronet, complainant', being his defence against Sir Richard Newdigate's Bill of Complaint regarding Gilbert's refusal to renew his lease of lands and coal mines in the parishes of Griff and Chilvers Coton, Warwickshire. Signed by Thomas Stevens.
Gilbert states that his father, the late Thomas Coventry, 1st Earl of Coventry and 5th Baron of Allesborough, was in his lifetime and at the time of mention in Newdigate's Bill, seised in his demesne as of fee and of and in the lands and several coal mines, in Chilvers Coton, Warwickshire, as mentioned and that he believes it to be true that his late father and Newdigate did at or about the time mentioned in the Bill, make some contract or agreement regarding Newdigate's renting or farming the said premises under his late father, for some term or number of years. However, Gilbert questions the content of such contract and wishes to see the articles in writing when they are presented to the court. Gilbert denies that he knows or believes that the yearly rent of £200 for the 7 Foot Delph, payable for the first 7 years only of the term agreed, was ever intended to have been a full satisfaction and purchase price for all coals contained in the 7 Foot Delph. Neither does he agree that the 7 Foot Delph was at the time or at any time after valued at £1400 or any other certain sum as Newdigate in the said Bill hath 'cunningly and craftily insinuated [sic]'. Gilbert admits it to be true that covenants were made in the original lease between his late father and Newdigate touching on the renewal of the said lease, as set forth in the Bill of Complaint. Gilbert states, however, that his late father by deed of lease and release, 12th and 13th November 1694, for a pre-nuptial settlement for a marriage to be had between Gilbert and Dorothy Keyte, 2nd daughter of Sir William Keyte, then of Ebington, Gloucestershire, since deceased, did settle, convey and assure the said lands mentioned in the Bill to the said Sir William Keyte and his heirs, to the use of Gilbert for the term of his natural life, and after to the use of the said Sir William Keyte and his heirs during Gilbert's natural life, and after Gilbert's decease to the use of the said Dorothy for her life and her jointure in lieu of all dower, and after her decease to the use of the 1st, 2nd, 3rd and 4th sons and all and every other son and sons of Gilbert and Dorothy, and all their heirs. For default of such issue, to the use of Charles Hancock of Twyning, Gloucestershire, James Thynn of Bucksend, Gloucestershire, and Thomas Keyte, 2nd son of Sir William Keyte, for the term of 500 years upon trust to raise money for the maintenance and portions of all and every the daughters of the said intended marriage, with the remainder to Thomas Coventry his heirs and assigns forever. Gilbert admits the lands mentioned in the above deed were to be then in the tenure or occupation of Newdigate, his under-tenants or assigns, but, the said lease granted to Newdigate was not therein mentioned in any other manner or to any other intent or purpose. Gilbert confesses that since the making of the marriage settlement, he has accepted Newdigate as his tenant of the said premises and has received rents thereof for several years since, though had never seen an original copy of the lease until around 1704. Gilbert states it to be true that Newdigate, around the time of the said Bill, did make an application to renew the said lease, and sent a draft lease to be approved. Gilbert sought the advice of his counsel upon the said draft before agreeing to it, who advised the covenant for renewal was not fairly pursued in such draft and that it might be of ill consequence for Gilbert to seal the new lease. Therefore, Gilbert refused to execute any new lease according to the said draft and gave and sent his objections against such draft to Newdigate. Two further leases were tendered to Gilbert along with 5 guineas payment, however, Gilbert refused both leases and payment upon further advice from his counsel. Gilbert was credibly informed that Newdigate had, in many respects, broken the covenants in the said ease for 16 years contained to Gilbert's 'considerable damage by cutting down timber and other trees from off the said demised premises'. Gilbert utterly denies that he ever has any design to defeat or deprive Newdigate of the benefit of the said covenant for renewal of the said lease or of any other agreement ever made between Newdigate and his late father, and is willing to demise in a new lease all coal mines, except the 7 Foot Delph to Newdigate and signified such his consent to Newdigate. Gilbert utterly denies that he ever pretended that the said £5 in gold or guineas were not tendered to him by Newdigate. Gilbert insists that upon Newdigate's payment of the said £5 in gold to him and also of all arrears of rent for the said premises, and once he has a reasonable satisfaction for Newdigate's breach of the covenant contained in the said original lease, he is and shall be during the said term of 16 years, ready and willing to make him a new lease - according to the purport and legal extent of the said covenant for renewal, and humbly hopes that he alone hath sufficient power so to do, in that Gilbert is by the marriage settlement the present tenant for his life of the said premises, without impeachment of waste and with power to make leases.
Formerly in box 3, bundle 4. |