Hoblyn Esqr & wife against Lord Gage & wife & others
Date: 22 October 1743
Ref: D1677/gg/1560 Bill. Fo 54
Transcribed by: Liz Jack
For Mr Thomas
To the Right Honorable Phillip Lord Hardwicke & Baron of Hardwicke in the county of Gloucester, Lord High Chancellor of Great Britain.
Humbly complaining, shew unto your Lordship your orator and oratrix, Robert Hoblyn of St Columb in the county of Cornwall Esqr and Jane his wife, who was the only daughter and heir of Thomas Coster late of the City of Bristol Esqr, deceased, who was the eldest son and heir and also executor of the last will and testament of John Coster heretofore of Upper Redbrook in the parish of Newland in the said county of Gloucester, gentleman, now also deceased;
that the said John Coster, your oratrix’s said grandfather having in his lifetime in or about the month of January which was in the year of our Lord one thousand six hundred and ninety one taken a lease for one and fourty years or some other long terme of years from one Jephtha Wyrrall then of Bickner’s Court in the said county of Gloucester of all that his water grist mill situate at Upper Redbrook aforesaid called and known by the name of Kings Mill together with the dwelling house and garden and a certain pleck of ground to the said house and mill belonging situate and lying in length from the said house and mill up to the cinder heap of the Lower Furnace situate at Upper Redbrook aforesaid being bound on the north with the high way leading from the River Wye to Newland and Coleford with the said Cinder Heap on the east and with other lands then of him the said Jeptha Wyrrall but now your oratrix’s on all or the most parts and sides thereof together also with all waters, watercourses, ponds, trows, and courses of water to the same premises or any part thereof belonging or in any wise appertaining at and under the yearly rents and Covenants thereby reserved and therein mentioned, which mill was formerly belonging to and granted by one of his Majesties Royal Progenitors, Kings or Queens of England and hath been immemorially intituted unto and accordingly hath constantly had and enjoyed the use and benefit of the whole stream of water issuing from and by a certain place lying and being about a quarter of a mile above the same ancient mill and there called the Nine Wells in Ashridge Slade quite down into the said ancient grist mill and there to be had and used for the grinding of corn and such other grain as the proprietors of the said grist mill for the time being and their tenants occupying the same should think fitt
and he the said John Coster being so of the grist mill lands and premises possessed for the said term of fourty one years and having also at or about the same time taken a lease and from Henry Benedict Hall then of High Meadow in the said county of Gloucester, Esqr., of a certain messuage or tenement with a paper mill thereto belonging situate at Upper Redbrook aforesaid, near unto the said grist mill called the Kings Mill but further down there and upon the same brook or stream and a little below the Kings Mill for the terme of one and twenty years or some other such like terme of years which said paper mill the said John Coster some time after converted into a Copper Work for smelting of copper and he, the said John Coster, being about that time determined to build up or to enlarge the said Copper Work there and observing that as the said stream of water so immemorially running to and supplying of the said antient grist mill called the Kings Mill did of antient right and immemoriall usage belong to the same grist mill and could not be managed so as to answer his intentions and constantly to serve both the said Kings grist mill and such Copper Works when the same should be enlarged with such an additional number of smelting furnaces as he then proposed to make without making one or more large ponds or reservoirs to contain and keep in store great quantities of the water issuing from the said stream or water course sufficient occasionally to supply them both when and as often as they should be sett or work together and kept so to work at the same time and taking notice that the said piece or parcell of land so by him then held and rented by his said lease from the said Jeptha Wyrrell called the Plecke lay under a declivity and just below the aforesaid antient watercourse so leading to the said Water grist mill and yet was and might be so managed and improved by the making there a large pond or reservoir as to furnish the said Copper Works also with water sufficient to work all his now intended furnaces without injuring the said ancient grist mill,
he the said John Coster being then owner both of the said antient grist mill and the said Copper Works did to that end and purpose and for his own convenience and particular benefitt and advantage erect and build in and upon the upper part of the said piece of ground called the Pleck a large pond and a wall or dam head quite a cross the same pond extending above sixty yards in breadth and eighty yards in length from the bottom of the said Cinder Heap downwards and on towards the said grist mill and Copper Works and close adjoining to the said antient water course so leading to the said grist mill together also with several hatches, gates and sluices in order to the receiving in or letting out of the overplus of the water out of the said antient water course when the same was necessarily wanted at and to be carried down to and for the use of the said Kings Mill and also to and for the use and benefit of the said Copper Works and to the end there might be a constant and sufficient supply of the said water as well for the said Water grist mill as also for the said Copper Works
he the said John Coster did also at his own proper costs and charges make and erect another pond and reservoir, below the said antient grist mill called the Kings Mill and just at the fall of the stream or water therefrom proper and commodious for the renewing and preserving of the said water after serving the said grist mill to and for the use and benefit of the said Copper Works both with ponds or reservoirs and the said severall dam heads, hatches and flood gates were laid, prepared, made done and finished at the sole and proper costs and charges of him the said John Coster
And your orator and oratrix do further shew unto your Lordship that the said John Coster’s lease, so to him granted by the said Henry Benedict Hall having run out and been fully determined, he the said John Coster did either a little before or not long after the expiration thereof come to an agreement after the death of the said Henry Benedict Hall with Benedict Hall, Esqr., his only son and heir for him to have a new lease of the same Copper Works granted unto him upon some certain fine or other termes and conditions between them both settled and agreed upon for the terme of ninety nine years or some long term of years determinable upon the death of him the said John Coster the said Thomas Coster, his son, and one John Thompson
and he the said John Coster did also, about the same time, purchase to him and his heirs for ever or in trust for him selfe and his heirs the Fee Simple and Inheritance of the said antient grist mill called the Kings Mill with the said dwelling house, garden, and pleck of Ground called the Pleck together with the pond there made and the Dams Head there erected and the waters, water courses, streams, ponds, trowes, and courses of waters thereunto belonging and diverse other lands and heraditaments lying contiguous thereunto
and your orator and oratrix do further show unto your Lordship that the said water course or stream so supplying the said antient Water grist mill did from time immemoriall run in and along an antient course from the said place there called the Nine Wells in Ashridge Slade down to the said antient grist mill called the Kings Mill in one ancient known and direct course and ought so to doe without any the least interruption hindrance, stopping or diverting of or by any person whatsoever which antient course is in many places and parts thereof remarkeably known and distinguished to and at this present time.
And your orator and oratrix do further shew that the said John Coster did so continue peaceably and quietly to enjoy the same water and water course, grist Mill, pond, dam heads, hatches, flood gates and premises so long as he lived from and after his said purchase and departed this life in or after the month of [blank] which was in the year of our Lord one thousand seven hundred and [blank] peaceably and quietly possessed thereof and lawfully intituted thereunto and thereupon he the said Thomas Coster did as his eldest son and heir at law enter upon the said antient grist mill and premises and held and enjoyed the same and the waters ponds sluices and water courses thereunto belonging during his life and until the time of his decease which happened in or about the month of August one thousand seven hundred and fourty
And your orator and oratrix do further shew unto your Lordship that the said Benedict Hall departing this life on or about the year of our Lord one thousand seven hundred and twenty nine, the Fee Simple and Inheritance of the said mill, called the Paper Mill, so by the said John Coster converted into a Copper Work descended unto the daughter and heir of him the said Benedict Hall, Esqr., who is as your orator and oratrix believe and admit, the Honourable Benedicta Maria Teresa now the wife of the Right Honourable Thomas Lord Viscount Gage of the Kingdom of Ireland or else were settled upon them the said Thomas Lord Viscount Gage or the said Benedicta Maria Teresa his wife or else upon William Hall Gage , Esqr., their eldest son and heir
and the said Thomas Coster having in his life time quitted all concern in and with the Copper Company and their said works and all things relating to the said Copper Works and assigned over the said lease so by the said Benedict Hall granted of the said paper mill and Copper Works to the said John Coster his late father and the assignee thereof having neglected completely to repair the said works in such manner as by the lease thereof the same ought to have been or the said Thomas Lord Viscount Gage insisted in strictness he ought to have done, he the said Lord Viscount Gage did not only think fitt to demand of your orator a very large sum of money and much more than the real value of such repairs did or would amount to according to the strictest computation but did also upon your orators refuseing to pay the utmost shilling he so thought fitt to demand order or direct some servants or agents of his and others under his influence to enter in and upon your oratrixes own freehold land in the peaceable und uninterrupted possession and enjoyment of your oratrix and her tennant on or about the fifth day of September which was in the year of our Lord one thousand seven hundred and fourty or some other day in or about that month and then and there to pull down take and carry away one or more hatches or flood gates fixed in and upon the said antient water course leading to the said antient water grist mill and of antient time erected and necessary for the carrying and conveying of the said water to the said antient grist mill called the Kings Mill whereby your orator and oratrix and their tenant of the said mill were greatly prejudiced
and your orator and oratrix do further shew unto your Lordship that thereupon your orator did order and direct that an action should be commenced and presented at the Common Law against the said severall persons who had so taken up pulled down and carried away the said hatches and flood gates and thereupon and he the said Lord Viscount Gage sensible as your orator and oratrix apprehend that he had no manner of right or lawful power or authority to deprive or interrupt them or their tenant of or from the benefit or their enjoyment of their said water, water course, ponds, flood gates, so belonging to and for the use of his said antient grist mill and or then after should be intituted to the said paper mill and Copper Works would be content to submit to your orators and oratrixes right and quiet enjoyment of the said water, watercourse, ponds, hatches, flood gates at and for the use of their said antient grist mill and that they the said Lord Viscount Gage and the said Benedicta Maria Teresa and William Hall Gage should and might enjoy and receive the water comeing and falling from the said antient grist mill into the reservoir, pond or pound for that purpose made and provided by the said John Coster for the use and benefit and accommodation of the said Copper Works.
But now so it is may it please your Lordship that the said Thomas Lord Viscount Gage, Benedicta Maria Teresa, his wife, and William Hall Gage, their eldest son and heir apparent, having entered into Combinacion and Confederacy with each other and diverse other persons as yet to your orator and oratrix unknown how to injure your orator and oratrix in the premises and to deprive them of the benefit of the said water and watercourse and disturb them in the enjoyment of the said premises they are so justly intituted into, do now give out and pretend that your orator and oratrix are no way intituted to the said antient grist mill called the Kings Mill or any of the rest of the premises herein before mentioned or that if they are so intituted to the same antient grist mill yet that neither of them have or hath nor had any former owner or occupier thereof any right or title whatsoever to the said water or water course herein before mentioned or any other water course or channel whatsoever to carry or convey the said stream of water or any other water whatsoever to the same grist Mill but that the same water and water course do and immemorially did belong unto their said Copper Works or paper Mill and to no other whosoever
Whereas your orator and oratrix do expressly charge that they now are and all former owners and occupiers of the said antient grist mill called the Kings Mill immemorially were intituted to the said water and every part thereof issuing from and by the said place called the Nine Wells in Ashridge Slade quite down unto their said grist mill and thereto retain, use and employ the same for the benefit of the said grist mill and at other times they the said Confederates do give out that although they do admitt that your orator and oratrix are so intituted to the said mill and water yet they have a right to interrupt its passage or conveyance in, by or through the present channel through which it is so conveyed to the said antient grist mill for that they or one of them is Lord or Lady of the mannor of Staunton in the county of Gloucester and as such intituted to the wast land of and in the said mannor and that the land on which the said antient mill is erected and the whole land through which the water course or stream passes or is conveyed from the said Cinder Heap down to the said antient grist mill is part and parcel of the wast land of their mannor or Lordship of Staunton and therefore that your orator and oratrix have no right to the same or any part thereof of any use or benefit thereof or therefrom unless by permission or grant from them or one of them and that such permission or grant shall not be had or obtained unless upon some very large and unreasonable fine or sum of money to be paid by your orator and oratrix for the same and that also when and as often as he and they shall think fitt to insist upon and threatn as often as they please to pull down the said hatches and flood gates and to divert the said water from the said antient grist mill and thereby totally to deprive your orator and oratrix of the (sic) and their tenants of all the use of the said mill
whereas your orator and oratrix do expressly charge that all and every part of the land through which the said stream of water doth pass from the said Cinder Heap down to the said antient grist Mill and all the land and soyle both above and below the said water course to the high way there leading from the said River Wye to Newland and Coleford is the freehold and inheritance of your oratrix and as such ought to be enjoyed by your orator and oratrix at all times without any interruption whatsoever of the said Confederates or any or either of them or any other person or persons whatsoever and not any part of the said mannor of Staunton as will appear from three severall surveys of the said mannor taken in the years one thousand seven hundred and two, one thousand seven hundred and twenty four and one thousand seven hundred and thirty one respectively and now in the hands or power of the said Confederates or some or one of them if produced and at other times the said Confederates do give out and pretend that all and every part of the said premises upon which the said pond or reservoir adjoining to the said Cinder Heap with the dam head thereupon erected and the water course thereto adjoining on the upper part thereof and leading thence down to the said antient grist mill is the freehold of them the said Confederates or some or one of them and threatn therefore to pull down and destroy the same and thereby deprive your orator and oratrix of any benefit thereof or any use of the said water at or for the use of the said antient grist mill all which actings and doeings of the said Confederates are contrary to all equity and justice and tend to your orators and oratrixes great prejudice,
wherefore and for as much as your orator and oratrix cannot by the strict rules of the Common Law and by reason of the low circumstances of the particular persons who were and may hereafter be employed and concerned in the pulling up of the said hatches and flood gates have and recover from them a proper full and adequate satisfaction and recompense for and equal to the injury and damage done by them to your orator and oratrix and their tenants or by them sustained nor can your orator and oratrix perpetuate the testimony of the severall witnesses who know, can prove and testify your orators and oratrixes right to the said water in manner aforesaid nor can they be for the future and heretoforth quieted in the enjoyment of the said water, water courses, flood gates and hatches for the use and benefit of the said antient mill without the aid, assistance and divertion of the Honorable Court nor can they else where than in a Court of Equity have from the answer of the said Confederates a full account and discovery of the truth of the premises and of the particular right and title of the said Confederates of or to the said water, water course, lands, and premises if any such they pretend to claime or sett up and also of all and every other the particulars herein before charged and sett forth
To the end therefore that they the said Confederates and each and every of them may true, perfect and direct answer make to all and singular the premises as fully and particularly as if the same were here again particularly sett forth and interrogated and more particularly whether as they doe know, believe or have heard the said antient grist mill called the Kings Mill was not leased to and afterwards purchased by the said John Coster, your oratrixes grandfather, together also with the said messuage, garden and premises, according to the Description and Situation herein before sett forth, and if in case they the said Confederates or any or either of them do or doth claim the said water or water course or any part of the soil within those limits or from the said Cinder Heap down to the said old grist mill or any part thereof they may sett forth how much and what particular part thereof they or either and which of them do or doth so claime and by and under what right or title and from and under whom in particular sett up or derived and by and under what deeds, settlements or conveyances and when where and before whom executed and who are or were the witnesses thereunto and whether they the said Confederates or any or either and which of them is or are Lord or Lords or Lady of the said mannor or Lordship of Staunton and as such do or ever did claime the same premises to be within or as part or parcell of the Wast land of the said mannor and that such of the said Confederates as shall insist upon his or her being Lord or Lady of the mannor or Lordship may sett forth the limits and boundaries of the same mannor in each and every part thereof in the words and according as the same were found, stated and described at the Courts of Survey kept and held for the same mannour in or about the month of October in the year one thousand seven hundred and two and in or about the month of January in the year one thousand seven hundred and fourty four and in or about the month of October in the year of our Lord one thousand seven hundred and thirty one according as the same are in the presentment of the jurors at such court respectively impannelled and sworn, found and presented if such records and presentments he or she hath in his or her custody, possession or power and that the said Confederates may also sett forth and discover whether as they or each and every one of them doe know believe or have heard there were not such Courts of Survey held and kept in and for the said mannor or Lordship of Staunton in or about the said severall months and in the years before mentioned or at any other time or times and when and by and before what Steward and for and under what Lord or Lords thereof such Steward or Stewards held or kept the same and by what authority and by whom given or executed or whether in such presentment or any other and what presentment or record of or for the said mannor or Lordship of Staunton it is or as they know, believe or have heard presented, mentioned or pretended to be within the limits or boundarys of the said mannor or to be or reputed to be part or parcel of the wast of or belonging to the Lord or Lords of the same mannor and if any what part and how much is so or so reputed to be and whether the said Confederates or any or either and which of them did or did not upon or about the fifth day of September one thousand seven hundred and fourty or at any other time and upon what day month and year in particular authorise employ order or direct any and what agent or agents of them or either and which of them and who by name to take up break down or carry away of or from the said antient water course and what part thereof in particular any and what and how many hatches or flood gates and where and upon whose freehold or other land erected placed built or situate and why and for what reason or under what right or authority or pretence and whether as they doe know, have heard or do believe your orators and oratrixes tenant then and now renting and holding their said grist mill was not thereby damnified two or three hundred pounds or any other and what sume or sumes of money and whether such ponds, pounds, reservoirs and dam heads as are herein before mentioned and sett forth were not made, erected and built for the mutuall accommodation and convenience both of the said antient grist mill called the Kings Mill and of the said paper mill and Copper Works and upon whose land and soyl severally and respectively and at whose expense, costs and charges and when and how long since and that the said Confederates may also sett forth discover whether as they do severally know believe or have heard the said antient water grist mill was not called and distinguished by the name of the Kings Mill and was or was not part and parcel of the antient family estate of the said Jeptha Wyrrall and by the said John Coster purchased of and from him or of and from George Wyrrall, gentleman, his eldest son and heir and that your orator and oratrix may be at liberty to perpetuate the testimony of their witnesses in relation to the right and title they now have and do claim unto the said water course to and for the use, service and benefit of their said grist mill and premises as the same are herein before stated and sett forth
and that your orator and oratrix may be by the Instruction and devices of this Honorable Court quieted in the future enjoyment of the same and be in the premises so further and otherwise relieved as shall be agreeable to the circumstance of their case and the known Rules of Equity and Justice in such like cases
may it please your Lordship to grant unto your orator and oratrix not only his Majesties writt or writs of (Spa? – an abbreviation of something) to be directed unto them the said Thomas Lord Viscount Gage in the Kingdom of Ireland and Benedicta Maria Teresa, his wife, and the said William Hall Gage thereby commanding them at a certain day and under a certain pain therein to be limited personally to be and appear before your Lordship in this Honourable Court and then and there true, distinct and perfect answer make to all and singular the matters aforesaid and further to stand to and abide such order direction and devices in the premises as to your Lordship shall seem meet but also such Instruction to stay the said Thomas Lord Viscount Gage, Benedicta Maria Teresa, his wife, and William Hall Gage, their servants, agents and workmen from pulling down, interrupting or destroying the premises aforesaid and such Instruction for your orators and oratrixes quiet enjoyment thereof and your orator and oratrix shall ever pray, etc.
Signed: K?
Notes
1647 John COSTER (II)'s first lease for Upper Redbrook was with Henry Benedict HALL, abt 1691. His revised 1709 Lease (which included John THOMPSON) was with Henry's son, Benedict HALL.
After John COSTER II died in 1718, the business/leases transferred to his eldest son, 1684 Thomas COSTER. Thomas died in 1739 (brother John III d 1731; brother Robert d 1736). Thomas' heir was his daughter, Jane COSTER who m. 1) Robert HOBLYN and 2) John QUICKIE.
Per Cyril Hart, in his book Industrial History of Dean: Thomas COSTER assigned his rights to the Copper Company to the Brass Works of Bristol in 1730 (Thomas and father John II among the original owners/founders). This caused trouble between him and Vicount GAGE, which included actions, etc starting in 1737.
Also: "Thomas COSTER died that year, 1739, and soon afterwards TOMPSON (last of the 'three lives') also died, whereupon GAGE took possession and levied his suit against COSTER's heir – Robert HOBLYN – with the Brass Company involved as sub-lessees." [Hart's footnotes: Soyres, d. de. Trans Newcomen Soc. and Lincolnshire Rec Office, Holywell MSS 35/1.]
We don't know specifically about the resolution to this 1743 action, but Hart says that the GAGE lawsuit was settled in 1744 when Thomas' heirs paid GAGE's daughter £500. At some point the Kings Mill was renamed Quick's Mill (Jane's second husband?) and it was still in the family in 1786. Jane died 1802, Bath.
Our personal family interest includes trying to find the death of John TOMPSON/THOMPSON soon after 1739. Gloucestershire Marriage Licence allegation: 1709 Jun 15 John THOMPSON aged 22, of Newland, Glos & Anne COSTER aged 22, spinster of Newland, Glos, with consent of friends. Signed 'John TOMPSON'
We believe this is 1686 John TOMPSON/THOMPSON, bap Newland, who was later in Bye Mill, Somerset and documented as party to a 1735 lease there. Given her age and Newland location, we think Anne is likely d/o abt 1661 James COSTER/Dorothy (James youngest brother of 1647 John COSTER II), bap 1786/7 Feb 23 (entered as 'Mar CUSTOS', residence Coleford)