KING Charles the Firſt of ever bleſſed Memory, in the Tenth Year of His Reign, was ſeized of the Forreſt of High Peak in the County of Darby, then and before, plentifully ſtored with Red Deer, that there were Forreſters there, and the Forreſt Laws continually put in execution; that the Freeholders and Tenants of the ſeveral Towns within the ſaid Forreſt, viz. of Bowden, Middle-cale, Chappel in la Frith, Shalcroſs, Fairfeild, Fernaly, Caſtletan, Mellor, Hope, Bradwell, and Wormhill, finding themſelves much aggreived, not only with the Deer by eating up their Corn and Graſs, but alſo with the Severity of the Laws of the ſaid Forreſt, did Petition His ſaid Majeſty to deſtroy the ſaid Forreſt, and improve his Waſts and Commons there, which were very large, whereupon the King was moſt Graciouſly pleaſed to condeſcend to the deſtruction of the ſame, to which purpoſe he iſſ • ed forth his Commiſſion out of His Dutchy, to enquire as well of His as of the Tenants claimes within the ſaid Forreſt, with power to the Sheriff to Impanual Juries, and likewiſe Power to ſwear them to that purpoſe, and inſtructions were annexed to the ſaid Commiſſion, what particulars ſhould be given in Charge to the Jury; and one Jury did preſent that the King might reaſonably imploy one Moyety of the Waſts within the ſaid Forreſt, after which Preſentment Mr. Woodroff a Counceller at Law of the Inner Temple, who lived in Hope aloreſaid, and had Land in Hope and Bradwell aforeſaid, worth 400 l. per Annum, was entruſted by all the other the ſaid Towns, as well as Hope and Bradwell, to mannage all their Affairs concerning their improving the ſaid Commons, with the Lord Newburgh then Chancellor of the Dutchy; and in the Year 1639 as appears by the ſaid Mr. Woodroffs Letter, the Lord Newburgh directed Agents ſhould be ſent up, to Treat and Agree with his Lordſhip for the Commons, which accordingly was done, and all the ſaid Towns ſent up their reſpective Agents, and the Towns of Hope and Bradwell, did then particularly Employ and Entruſt for the purpoſes aforeſaid, the ſaid Mr. Woodroff, and one Thomas Eyre of Shatton, whoſe Charges were born by the ſaid Towns, and the Town of Wormhill did ſend up and entruſt one Bandoll Brock then Servant to Rowland Eyre Eſq; and one Thomas Harrold whoſe Charges were likewiſe born by that Town, and all the ſeveral Agents for the reſpective Towns within the ſaid Forreſt for which they were entruſted, did Conſent and Agree, that His then Majeſty ſhould have a Moyety of their Waſts, at which time the Agents for Bowden, Middle-cale, did Contract and Agree for the Kings Moyety within them for a Fine and Yearly Rent, all the ſaid Commons were Surveyed, and moſt of them divided into Two equal parts, one for His then Majeſty, and the other for the Tenants; before the ſaid Agents were ſent to treat with the then Chancellor for the purpoſe aforeſaid, and the Agents for the Towns within the ſaid Forreſt having all Agreed and Conſented that the King ſhould have one Moyety of the Commons, and Bowden Middle-cale having Contracted for the Kings Moyety within them, His then Majeſty being on His part to deſtroy the ſaid Forreſt, accordingly did deſtroy the ſame, and any Perſon after the firſt Days Hunting had liberty to kill Deer there, and the Forreſters from the remote parts of the ſaid Forreſt did fetch in the Deer into the Campain or the plain part of the Forreſt that they might the more eaſily there be killed and utterly deſtroyed, and ſo His Majeſty had then performed what on His part was to be done, and preſently after that the late horrid Rebellion broke out, which put a ſtop to His then Majeſties Improving or Farming His Moyety of the ſaid Commons, and the now Appealants ever ſince that time do enjoy all the Profits of the ſaid Commons, as well the Kings as their own part, ſo that His ſaid late Majeſty never received any Profit or Compenſation for the deſtruction of His Forreſt, all which proceedings as aforeſaid being tranſacted at the then Chancellors Houſe, moſt of the Records relating to that matter, are either loſt or miſlaid.

And to prevent all juſt Accuſations of a project or ſurprize of the Country, the reſtored Fourteen Years, and then obtained Grants from the Queen Dowager, of the ſaid Moyety belonging to the Grown, being part of Her ſaid Majeſties Joincture under a Yearly Rent, with a clauſe of Determination in theGrant for non-payment of the Rent, and likewiſe obtained a Grant of the reverſion from His ſaid late Majeſty King Charles the Second, and then the Relator Eyre entred upon the ſame, and the Freeholders in all as well as in theſe Towns of Bradwell, Hope, and Wormhill, did deny the Kings Right, and claimed all to be their own but the Soyle, Whereupon the late King and Queen Dowager by their Attornies the now Lord Privy Seal, the Earl of Cheſterfeild, the Lord Chief Baron Mountague, the King and Queens ſurviving Truſtees, the Relator Eyre, and George Shaw, in the Year 1674 exhibited an Information, &c. the Inhabitants of Bowden, Middle-cale, and after a long Suit upon very good proof of all the matter before recited did obtain a Decree for the Kings Moyety whithin that Town, and on re-hearing the ſame Cauſe the Decree was confirmed, after which another Information was exhibited againſt all the Freeholders in the Towns of Caſtletan, Mellor, Chappel in la Frith, Shalcroſs, Fairfeild, Fernaly, Hope, Bradwell, and Wormhill, which Information was to the ſame effects as the former, and after another long and tedious Suit, upon the very ſame proofs as in the former Suit obtained a Decree, which upon a re-hearing was likewiſe confirmed, and the now Appealants William Ing, Thomas Eyre, Henry Balgay, &c. were all ſerved with Privy Seals out of the Dutchy Court but did not appear, but ſtood in contempt till after the Decree upon the ſaid laſt mentioned Information wherein they were named parties, and then came and prayed that they might be heard, whereupon a Third Information was exhibited againſt them, and after ſeveral hearings obtained a Decree for the Kings 〈◊〉 within the Towns of Hope, Bradwel, and Wormhill, which Decree laſt mentioned upon re-hearing was confirmed; Theſe Three Towns which now complain are the beſt Land, and did lie in moſt of the ſpoyle of the Deer, would have all thoſe Towns as Bowden, Middle-cale, Mellor, Shalcroſs, which are very Barren and Boggy Land to be bound by the Agreement, and theirs being the beſt Land to be unconcerned, and would after Forty ſix Years, the Deer being deſtroyed as aforeſaid in execution of the ſaid Agreement on the Kings part, and the King having performed His part of the ſaid Agreement, they endeavour to compel His Majeſty to try this Agreement at Law made Forty ſix Years ſince, and by ſuch Tryal deſign to overthrow the ſaid Decree ſo ſolemnly made in a matter properly examinable and determinable in equity, in the ſaid Court of Dutchy, being the Kings Court of Revenue as well as a Court of Equity, having proper Juriſdiction of the ſaid Cauſe, and having ſo deliberately heard and determined the ſame.