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THAT William De La Pool, Duke of Suffolk, being heretofore ſeized of the Mannor of Ramridge in Hampſhire, did in King Henry the Sixth's time, by Licenſe Found the Hoſpital of Ewelm in Oxfordſhire, which he appointed to conſiſt of a Maſter, School-Maſter, and Thirteen poor Men, and Endowed it with the ſaid Mannor of Ramridge, and other Lands, reſerving only to himſelf the Nomination of the ſaid Maſter, &c.
That Wayhil-Fair (being a Fair by Preſcription) has been held time out of mind about Michaelmas-Day on part of the ſaid Mannor called Ramridge-Down, and ſome part of it on a place called Bliſſomer-Hall-Acre, and the reſt of the Fair on the Glebe of the Rectory of Wayhil, the Advowſon whereof was given to Queens-College, Oxon by King Charles the Firſt, and the Incumbents thereof have ever ſince the Twenty Sixth of Henry the Eighth, paid Forty Shillings to the Crown in the Firſt-Fruits for the caſual Profits of Standing of the Fair, which of late Years have been worth to the Incumbent Sixty Pounds a Year.
That ever ſince the Hoſpital had the Mannor, they or their Tenants have yearly received about One Hundred and Twenty Pounds for the Pickage and Stallage for Stalls, Booths, Penns and Hurdles for Sheep in the ſaid Fair, which has been the chief Support of the Hoſpital by Fines, on granting Leaſes and great Rents.
That the Corporation of Andover, obſerving that no Toll or Show-Money was paid for Goods, Cattle, or Sheep ſold therein, did in the One and Fortieth Year of Queen Elizabeth procure a Grant to them of the Fair at Wayhil, with a Court of Pye-Powder, and Licenſe to take Toll, Show-Money, and other uſual Perquiſites of a Fair, and they got inſerted in their Grant likewiſe the Profits of Pickage and Stallage.
That after this Grant the Fair was always held in the ſame place as formerly, and the Corporation of Andover did never pretend to any thing more than to the Care and Government of the Fair, and the Toll and the above-mentioned Perquiſites.
But the Pickage and Stallage was always paid to the Hoſpital or their Tenants for breaking the Ground, &c. as Owners of the Soil, the Corporation having no Land there, whereby to have any ſuch Pickage and Stallage.
That the Corporation of Andover, obſerving the Advantages of Pickage and Stallage to be ſo conſiderable, did by their Intereſt in 1683. procure a New Charter, (on the Surrender of their former for that purpoſe) and thereby got a Clauſe ſurreptitiouſly added, (not in their old Charter) to hold the Fair on any part of Wayhil which they could procure, and as they ſhould appoint; and in purſuance of it, did keep the Fair on Chalderton-Lanes in the Pariſh of Amport, and not on Wayhil.
That William Drake Eſq; being Tenant of the ſaid Mannor, having ſetled it on Mr. Goddard in Truſt for his Wife for her Joynture, in Conſideration of a very ConHoſpital-Leaſe of the Mannor of Ramridge, and Profits of Pickage and Stallage of this Fair, having from the Family of the Noyſe (from whom Mr. Drake is deſcended) been ever ſince King Henry the Eighth's time enjoyed by them.
Mr. Drake and his Wife, and Mr. Goddard, did prefer their Bill in Chancery to quiet them in the ancient Uſage of the Fair, and to hinder the Corporation from RemoChancery, after hearing the Cauſe, (wherein 'twas proved unqueſtionably the Hoſpital and their Tenants Right to have the Fair held on the old Place) did at the Corporations Requeſt, direct a Tryal at Law for the Aſcertaining it; and at Wincheſter Aſſizes 1683, a Verdict paſſed for the Right of the Hoſpital, but the Corporation obtained a new Tryal at the Exchequer Bar, by a ſpecial Jury of Hampſhire Gentlemen, and there it was found too for the Hoſpital, and Mr. Drake (in Right of the Hoſpital) had thereupon the Injunction of the Court for to quiet their Poſſeſſion therein, and till the late King James's time they received the Pickage and Stallage, though the Corporation brought their Quo Warranto.
That the Corporation did afterwards bring on the Cauſe again before the Lord Chancellor Jefferies, (who had been a little before incenſed againſt Mrs. Drake for ſome Words ſhe ſpoke) notwithſtanding the two Verdicts, and the Locality of the Action, the Lord Jefferies did direct it to be Tryed again at the Kings-Bench Bar, before the Lord Chief Juſtice Wright, by a Middleſex Jury, and there notwithſtanding a full Evidence, and particularly an ancient Preſentment Recorded in the Third year of King Henry the Eighth, that Thomas Noyſe, then Tenant of the ſaid Mannor, and his Predeceſſors, time out of mind, had the Right to the Pickage and Stallage, and the place of the Fair, ſet out particularly, that there could not be the leaſt doubt of it; And notwithſtanding there was at the Tryal likewiſe produced an ancient Almanack made in the Year 1570, (which was in time long before Queen Elizabeth's Grant) which mentioned Wayhill to be then a principal Fair; and the place and uſage proved by above twenty old Witneſſes, yet (notwithſtanding theſe clear Evidences) by Chief Juſtice Wright's Direction, the Jury gave a Verdict for the CorporaJefferies did Order, That Mr. Drake, the Hoſpitals Tenant ſhould account for the Three Years preceding Profits of Pickage and Stal
That ſince Their Majeſties Acceſſion to the preſent Government, the Hoſpital, and Mr. Drake, did bring their Bill of Review againſt the Corporation; and the Lord, Commiſſioners of the Great Seal heard the Cauſe, and directed it to be Tryed again by a Jury of Hampſhire Gentlemen at the Kings Bench Bar; and after a long Eviviz. That the Corporation had Right to hold the Fair on the Hoſpital Down Lands, parcel of the Mannor of Ramridge, and on the Glebe Lands of the Rectory of Wayhill, and Bliſſomer-Hall-Acre, but had no Right or Power to have, or keep, the Fair on any other place at Wayhill at their Pleaſure.
That on the 22d of May laſt, the Lords Commiſſoners on the return of that Verdict, did declare themſelves fully ſatisfied therewith; and did Decree an Injunction, That the Corporation ſhould not hold, or keep the Fair on any other places than in the Verdict, and ordered the Corporation to repay the Money back with Intereſt that the Lord Chancellor Jefferies had Decreed Mr. Drake to pay, (which plainly ſhews the Sentiments of the Court then were, That the Fair ſhould be held in the ſame Places as formerly) and in purſuance of that Order, the Corporation paid back the Money with Intereſt accordingly.
That in purſuance of this Decree, Mr. Drake the Hoſpital Tenant, in September laſt, did provide Penns and Hurdles for Sheep, and erected ſeveral Booths on the Hoſpital Lands, called Ramridge-Down, and laid out Ground for to faſten the Hurdles, and to make Penns for Sheep; and to ſet Booths and Stalls on the Down, in the ſame Places as formerly, and did not queſtion but to Receive the benefit thereof on Michaelmaſs Fair following.
But the Corporation laying claim to the uſe of the Glebe-land, by vertue of certain Articles made in the Lord Jeffeies Time, and having lately agreed with the Owner of Bliſſomerhall-Acre, for a ſmall Sum, did appoint the empty Waggons, the Horſe-Fair, and other unprofitable things to be ſet on Mr. Drakes, the Hoſpital-Ground, of Rambridge-Down; but the Booths and Stalls for Chapmen, the Penns for Sheep, and other beneficial things, (the greateſt part whereof were heretofore ſet on the Hoſpital Ground) they appointed to be ſet on the Glebe and Bliſſomer-Hall-Acre, and ſeveral other Lands whereon no part of the Fair ever ſtood before, whereDrake, the Hoſpital-Tenant, who formerly made an Hundred and Twenty Pounds a Year by the Pickage and Stallage, did not, laſt Michaelmas-Fair make any think at all.
That Mr. Drake, in purſuance of the Decree, as he thought, did appoint Servants to Erect Booths and faſten Penns on the Hoſpital-Ground, againſt the Time of the Fair, and the Corporation ſerved them with the Decree of the Chancery, which the Servants (ſuppoſing the right of their ſide) unknown to Mr. Drake, uſed ſome diſreſpectful words to the Perſons that ſerved the Proceſs, and of the Commiſſioners of the Great Seal; whereupon the Corporation, by Petition, on the 15th of Sept. laſt, informed the Lords Commiſſioners of Mr. Drakes ſetting up Penns in other places than the Corporation appointed; and likewiſe of the Workmens contempt of the Proceſs; whereupon Their Lordſhips, on the Two and Twentieth of the ſame September laſt, in the firſt place did commit to the Fleet, the Workmen, for a ſuppoſed Contempt, and did order, That Mr. Drake, the Hoſpital-Tenant, ſhould not ſet up any Pens or Booths on the Down-Lands, otherwiſe than as the CorpoDrake durſt not Erect any Penns or Booths on the Hoſpitals own Ground, left the Lords Commiſſioners ſhould conſtrue it as a contempt and breach of their Order.
That Mr. Drake and the Hoſpital looking on this laſt Order to vary from, and to evade all the benefit of the Decree and Verdict, do therefore pray, That the ſaid Order may be Reverſed by the Houſe of Lords; and that the Defendants may be enjoyned to hold the ſaid Fair as they have held it formerly (even from the 41ſt of Queen Eliz. to the 1ſt Year of King James the Second) and on the ſame Places; And that your Petitioners may have the Privilege of ſetting up Booths, Stalls, and Penns for Sheep, and other things on the Down-Lands, and of receiving the Profits thereof as formerly; whereby the Rights of the Hoſpital, and Rectory of Wayhil will be preſerved, and a great advantage will redound to a conſiderable part of the Nation, who reſort to this Fair; and who, upon the removal of it from off the ancient Places, may be driven from it.