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COLLES.
WHARTON (LORD) v. SQUIRE [1702]

and Sir Talbot Bowes, Knights, and other commissioners certified, into this Court, and there remain-[271]-ing of record: And it appeared that there had been in proved of and from the moors and wastes of the manors of Richmond and Middleham, several great parcels of ground, and other parcels were intended and desired to be improved, which improvements are particularly recited in the said order or decree, and are the same that are mentioned in the said survey now in question, and after the recital of the said improvements in the said order or decree, it is therein mentioned in these words, (viz.) as by the said certificate, bearing date at Richmond the 19th day of October, 1618, relation being thereunto had may more fully appear; and the Court was also informed, that in the book of inrollments of surveys and other matters, of the reign of the said King James, (No. 21) remaining with the auditor of the county of York, the said articles of instruction and survey contained in the said eight schedules annexed to the said commission, were entered and inrolled, together with these words writ in the said book of inrollments, immediately before the said entry of the said articles and survey, viz. Inter Inquess & Extent, de anno 16 Regis Jacobi in Scaccio' remanen' ac in Custod' Remem' Regis existen' inter al' continenter ut sequitur: And the Court was likewise informed that the said commission, articles of instruction, and survey, were copied in or about the year, 1674, by the said Mr. Thomson for his master, Hugh Frankland, Gent. deceased, late one of the attornies of this Court; and that it also appeared amongst other things, by the affidavit of Mathias Hawkins, Gent. formerly clerk to Mr. Watts, one of the attornies of this Court, now read in Court, that two or three years after the year 1671, he had sent the said commission, articles of instruction, and survey, now in question, as he was well satisfied, and in his conscience did believe, upon the proper title of special commissions and inquisitions, in the 16th year of the reign of the said King James the first, in the innermost room of the King's Remembrancer's-office at Westminster, and that the said Mr. Hawkins did then shew the same on the said title to Humphry Wharton, Esq. and Peter Atkinson, Gent, and that when he saw the said commission and survey on the file, there was not any map annexed or filed with the same, as he did assuredly believe, and the said [272] Mr. Turner also informed the Court, that the said commission, articles of instruction, and schedules, were unexpectedly found by John Rudd, Gent. late Clerk to Ralph Grainge, Esq. deceased, who was formerly concerned as solicitor for John How, Esq. in one or more trials at bar of this Court, concerning some lead-mines in the said lordship of Middleham, in which trials the said commission, articles, and survey, were, as was alleged, used as evidence about two days after the 29th day of August last at Stockton, in the county of Durham, in the presence of Alderman Atkinson of Stockton aforesaid, and others amongst a bundle of papers belonging to the said Mr. Grainge in his life time, which bundle of papers, amongst other papers of the said Mr. Grainge, were, by the permission of the late Lord Chief Justice Treby, given to the said Mr. Rudd, and were by Richard Bellasyse sent unaltered to the said Mr. Rudd at Stockton aforesaid; and that the said commission, articles, and survey, contained in the said eight schedules, were all that the said Mr. Rudd then found relating to the said survey, and were tacked together when the said Mr. Rudd found the same, and that there was no map, nor schedule or schedules of depositions, annexed thereto when the same were so found by the said Mr. Rudd, and that the said Mr. Rudd on or about the 12th day of October last, in the presence of John Commins, Gent. and others, did seal up and deliver the said commission, articles, and survey, in the same plight and condition exactly, and as whole and entire as the said Mr. Rudd found the same, without diminution or alteration whatsoever, to George Bowes, Esq. to deliver the same to the said Mr. Thomson, in order to have the same put into its proper place: And that the said commission, articles, and survey, as the same were delivered to the same Mr. Bowes, were afterwards, in the said month of October last, delivered by the said Mr. Bowes sealed up to the said Mr. Thomson, at the Exchequer office in the inner temple; all which as to the finding of the said commission and survey by the said Mr. Rudd, and the sending thereof to the said Mr. Thomson, appeared by the affidavits of Bellasyse, Rudd, Atkinson, and Commins, now read in Court; whereupon, and upon hearing Mr. Cooper, one of his Majesty's Council [273] learned in law, and Mr. Phipps, on the behalf of the said Sir William Robinson and others,

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