File NLW MS 9062E/1646. - Statements of the case re. mill-stone and slate quarries in Anglesey,

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NLW MS 9062E/1646.

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Statements of the case re. mill-stone and slate quarries in Anglesey,

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  • [1639, July]. (Creation)

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(A) Statement of the case between Sir William Morris, plt., and Sir Richard Bulkeley, deft., in regard to the rights in certain mill-stone and slate quarries in Anglesey. The plaintiff claims all quarries of mill- stones, slates, and other stones as well in the King's, as in the subjects' lands, within the Principality, and complains against Sir Richard Bulkeley by his servants and workmen, diggers and workers in the quarries of Penmon and Wedowvawr. The defendant, Sir Richard, justifies the digging and taking up of mill-stones in his own freehold. (1) The common right in all quarries of stones belongs to the owner thereof. (2) The King's prerogative in stone quarries on a subject's freehold is not warranted by any law or usage, for there is no proof that the King's patentee had his prerogative in a subject's freehold. (3) It appears by record, 7 Henry V, that the King only had the prerogative of pre-emption to buy stones for his money. There are Ministers' Accounts, temp. Hen. VII and Hen. VIII, mentioning the King's prerogative in the stone quarries on the subjects' freehold. But Ministers' Accounts bind no man's inheritance, and the Ministers' Accounts of the reigns of Hen. V, Hen. VI, and Edw. IV make no mention of such prerogative. By a lease made to Edward Herbert, temp. Hen. VI, it appears from the words omnes quarrias nostras that the King had quarries of his own on his own lands, and has, at the present day, twenty quarries of stones and more in his own wastes in Anglesey. The cause of Sir Richard Bulkeley's trouble is that Richard Gwynn, gent., the Auditor's clerk for North Wales, finding an entry made temp. Hen. VII and Hen. VIII, never took possession thereof. (B) Another statement of the case, in a different hand. (C) Statement of the above case, reciting divers leases temp. Hen. VIII and Elizabeth.

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Preferred citation: NLW MS 9062E/1646.

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vtls005658195

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ISYSARCHB69

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Llyfrgell Genedlaethol Cymru = The National Library of Wales

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  • Text: NLW MS 9062E/1646.