Much injustice is frequently occasioned in such manner; but after a perusal of our narrative, we think we may fairly challenge the production of any instance in which so much pecuniary injury has been sustained, accompanied by so much outrage to the feelings of a respectable, unoffending, and highly meritorious individual;—upon one, who, during a long and active life, in public and private, has conducted himself in the most exemplary manner; against whose reputation no one has ever dared to point the finger of reproach, and who having gained a considerable fortune by his own unaided exertions, the most persevering industry, and the most scrupulous integrity in his dealings, had an undoubted right to expect the protection of his interests by persons who were acting as trustees for the nation; instead of being insulted, and entrapped into legal difficulties by their agents, and plundered of a large sum of money, without the slightest pretence for, or justice in, such an outrageous attack upon the sacred right of private property.
And when, in addition to this, the reader shall reflect, that these occurrences took place within a very few miles of the metropolis, and were directed against an individual well-known and highly respected, both in his own neighbourhood and the metropolis itself, the scene of his prosperous exertions for so many years, the astonishment will be proportionately encreased; for if the rapacity and insolence of the servants of a public board can be audaciously exhibited towards an individual so situated in life, what misery and ruin may they not have entailed upon the poor and defenceless, who are prostrate at the feet of such oppressors. Mr. Elsee, to whom our narrative relates, has fortunately escaped the total ruin, with which he was unblushingly threatened—but the sacrifices which he has been compelled to make, might have broken the hearts, and exhausted the means, of hundreds who would have thought themselves possessed of a competency for the wants of a respectable subsistence. [8]
With these requisite preliminary observations, we shall proceed with our narrative, premising also, that these pages are written in illustration and support of memorials to both the houses of parliament, as well as to the commissioners of woods and forests, for such redress as Mr. Elsee has yet a just right to expect will be afforded to him, if the honest attention of the principals in the latter office can be drawn to the subject; for the agents of government can have no true or lasting interest in the injury of any one of his majesty’s subjects; and the liberal principles lately adopted by some of the most influential of his majesty’s advisers, encourage a hope that their liberality may be extended to the actual administration of impartial justice, and not be confined to empty parliamentary professions.
Mr. John Elsee, at the period to which this narrative refers, was a gentleman residing on his own freehold estate, at Chigwell Row. He had been many years in business as a wholesale stationer, in Queen-hithe, in the premises now occupied by the Lord Mayor, and this part of the city became the market for paper by the exertions of Mr. Elsee. Having realized a considerable property, he retired from business, and having spent the earlier portion of his life in agricultural business, he purchased a freehold in the neighbourhood before mentioned, and became also the lessee of part of Havering Park farm. This farm, containing altogether about 1000 acres, was held under the crown, by a lease granted in the time of King William and Queen Mary, to John Hampden, and Thomas Lovell, at a nominal rent; it afterwards became the property of the Ladbrook family, and was divided into two farms, one being let by Ladbrook to a Mr. Thomas Hall, and the other to Mr. Elsee, whose lease expired in 1815, and he continued as tenant at will to Miss Ladbrook, three of the family which had granted his lease having died during its continuance; and Miss Ladbrook told Mr. Elsee that she did not intend to apply for a new lease. Mr. Elsee, therefore sent in a memorial in the usual way, having been told at the office that Miss Ladbrook’s lease would expire at Lady-day, 1818, but to such memorial Mr. Elsee never received any answer; though it had been the usual practise, for many years, on the part of the commissioners of woods and forests, and land revenues, to signify by printed papers, affixed in their public offices, and in other ways to make it publically known, that if no application was made by the tenants holding under lease of the crown, two years before the expiration of their old leases, to renew their holding, the commissioners would consider themselves open to receive proposals from any other persons, to treat for a lease or leases of such premises.
In the summer of 1817, Mr. Edward Driver, the surveyor to the land revenue department, informed Mr. Elsee that he was not to pay any more rent to Miss Ladbrook’s executors, that her lease had expired at Lady-day then last past, and that in future the rent must be paid to the crown. From this Mr. Elsee conceived the hope of obtaining the lease himself, the more especially as Mr. William Masterman, had been in a situation precisely similar, on the expiration of his landlord’s lease, and the commissioners had granted him a new lease for 31 years, charging him for the interval between the expiration of the old lease, and the day of his entering upon the new one, only the same rent which his former landlord had paid to the crown.
At this time, Mr. Driver said he was going to seize the other part of the land comprized in the lease of Miss Ladbrook, and held by Mr. Hall, for dilapidations. Mr. Driver subsequently made this seizure; and then requested Mr. Elsee to take Mr. Hall’s farm into his hands, until the final decision of the commissioners respecting the disposal of the land was made known, it being then uncertain whether it would be let or sold. Mr. Elsee declined this proposal, being every year a considerable loser by the part he held, and only retaining it in the expectation of having his rent reduced, and obtaining a lease on such terms as might warrant him in the outlay necessary to afford a prospect of an adequate return; and in the intention of becoming a purchaser, if the commissioners should decide upon the sale of the land.
Besides this, Mr. Elsee felt that he had strong personal claims to fair dealing, if not to liberal treatment, from the commissioners; as, at their request, he had exerted himself in the protection of crown rights in the forest, which were grossly infringed by their own servants. He had assisted to detect and bring to justice the under-keeper, the king’s woodward, and others, for stealing timber from the forest, a practice then carried on to a great extent. [15]
Under all the circumstances, therefore, Mr. Elsee had a right to expect something like justice, if not liberality, on the part of the commissioners; and if he had been in their hands, instead of the hands of their servants, he probably might have obtained it.
While in this state of suspense respecting a new lease, Mr. Driver repeatedly informed Mr. Elsee, that he had received offers for the farm previously occupied by Mr. Hall, at three times the rent which Mr. Elsee considered it to be worth, and three times as much as it was afterwards let for to a Mr. Ellis. This statement, whether true, or otherwise, had the effect of preventing Mr. Elsee from making any further offers, particularly as his previous application for a lease remained unanswered; and he urged Mr. Driver to get the amount of the rent fixed which he was to pay to the crown, for the time after the expiration of Miss Ladbrook’s lease, and to name any period when the crown wished to take possession of the land. Mr. Driver replied, that if Mr. Elsee would continue to hold the farm until Michaelmas, 1819, (that was another year) he trusted that all would be settled by that period, and he would very shortly let Mr. Elsee know the amount of rent that he was to pay, but which was never done.
Some time elapsed without an arrangement and from the harsh conduct of Mr. Driver to Mr. Hall, and other crown tenants, when circumstances had placed them in his power, Mr. Elsee became uneasy, and wrote to request positive information as to how, and when, he was to settle with the crown, and surrender possession of the farm. In answer to this letter, Mr. Driver referred Mr. Elsee to Mr. Pillar, the chief clerk; and on application to that gentleman, he said, he was surprized that Mr. Driver sent to him, as he did not think that the commissioners would object to any arrangement that Mr. Driver might think proper to make; from which it may be inferred, that the affair was left entirely to that gentleman, from whom, in a few days, Mr. Elsee received the following letter.