In this dilemma, the agreement, in an unfortunate moment, was signed, and the consequences proved still more mischievous than those which the signing was intended to prevent; Mr. Elsee being soon plunged into the legal embarrassments that it had been his earnest hope, and most anxious desire to avoid, by the very act that involved him. [31]
The leading articles of this fatal agreement, were, that Mr. Elsee, against whom the action neither was, nor could have been brought, should sign a Warrant of Attorney in ejectment, he, moreover, having been throughout anxious to quit; and for thus burthening himself with a responsibility apparently attempted to be saddled on the executors of Ladbrook, it was stipulated that he should have the land without rent from Michaelmas, 1819, to Lady-day, 1820—to be paid for seed sown upon not less than 40, nor more than 60 acres—to leave 60 load of hay, and all the fixtures in the house—to be paid for laying down ploughed land to grass, and his other improvements—to be accountable for dilapidations, if any, since the termination of Ladbrook’s lease—and arbitrators to be appointed to ascertain what rent should be paid for the 2½ years since the expiration of the lease: and out of this sum the agreement set forth, as under, the sums due to Mr. Elsee should be deducted, and allowed to him.
“And the said W. Huskisson, W. Dacres Adams, and Henry Dawkins, do hereby agree for and in behalf of his Majesty, to and with the said John Elsee, his executors, and administrators, to submit to, and abide by the decision and determination, so to be made as aforesaid, and that whatever sum or sums of money shall be so as aforesaid awarded to be paid by them to the said John Elsee, for the value of the said fixtures, seeds, and the hay to be left as aforesaid, and as a compensation for laying down any of the lands as aforesaid, shall be allowed to be retained by him, his executors, administrators, and assigns, out of any sum which shall be awarded to be paid by the said John Elsee to them, for the use and occupation of the said premises, or for any other of the matters aforesaid.”
Mr. Driver and Mr. R. Peake were the parties appointed as arbitrators, to settle the matters at issue, the former acting for the crown, and the latter for Mr. Elsee. On the 14th of July, 1819, they met, and rode over the farm, and took an account of the house fixtures. They next went into the stack-yard, and the Surveyor agreed to take for the crown, for the 60 load to be left by the agreement, a stack that the men were just finishing, and the first made that season, the price to be fixed by the arbitrators.
Mr. Elsee proceeded with these two gentlemen to Mr. Ellis, the new tenant, and Mr. Elsee offered to give up the farm at that time, and to sell the in-comer any thing upon it.—Mr. Ellis declined this offer, but wished to treat for some fields, which lay convenient to those he had entered upon. These were ten fields, containing 108 acres of unmowed grass, with the use of 17 acres of fallow in addition. The two arbitrators were to fix the value, and they left the room for that purpose, but returned without agreeing, as Mr. Driver would allow the fields to be worth no more than ten shillings an acre, although the grass fields contained the whole years crop. Yet this same gentleman, required from these very fields, so valued by himself at ten shillings an acre, a return in dung and rent of about five pounds an acre!—So different were his powers of appreciation, when employed for and against Mr. Elsee.
It was, however, agreed at this meeting, that Mr. Ellis should buy five fields of wheat straw, there being none in the farm upon which he had entered, which was to be paid for at Michaelmas, 1819; and as the straw was required in part for thatching the stacks of the season, Mr. Elsee, being anxious to accommodate the new tenant, agreed to commence thrashing as soon as the harvest was got in. All matters were to be left to the arbitrators, as Mr. Elsee supposed, in a friendly way; and the new tenant having agreed, on the proposition of Mr. Driver, to take the stack of hay previously reserved for the crown, Mr. Peake’s clerk, to prevent any misunderstanding, drew up the following.
Memorandum.
Mr. Elsee proposes to carry the corn (wheat) from the twocourses, No. 20 | 9 | 3 | 11 |
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No. 23, 24, & 25 | 10 | 2 | 2 |
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Acres | 20 | 1 | 13 | |||
And also No. 27, beans | 14 | 3 | 18 | |||
Acres | 35 | 0 | 31 | |||
And to allow Mr. Ellis, an equivalent in good rotten dung, in lieu of the straw of the before mentioned, to be delivered upon the bean-field, No. 27, at the rate of so many cubic yards, to be ascertained after it is in a proper heap.
Mr. Ellis to purchase the straw of the following wheat crops, due allowance being made for the dung which must be brought in lieu of it, if removed from the farm by Mr. Elsee.
| No. 8, Church plain | 20 | 0 | 0 |
| Brook field | 22 | 3 | 0 |
| Shed field | 32 | 0 | 0 |
| Lodge field | 11 | 0 | 0 |
| Ditto | 16 | 3 | 22 |
| Acres | 102 | 2 | 22 |