THE STATE of the CASE RELATING To Sir John Turton's Lease of Heyling's-Park, and Ruffey-Park, within the Forest of Needwood. BY Act of Parliament, made in the Seventh and Eighth Years of his present Majesty, the Honour of Tutbury, Forest of Needwood, and several Parks, Manors, Lands and Profits thereunto belonging, which had been granted away by King Charles the Second, are revested in the Crown, under a Proviso, in these Words following, That the Honour of Tedbury, Forest of Needwood, several Parks, Manors, Lands and other Profits, thereunto belonging, and by this Act mentioned to be revested in the Crown, shall not at any time hereafter be aliened from the Crown of this Realm, by his Majesty or any his Heirs or Successors without consent of Parliament, and that all such alienation of the same to any Person or Persons, shall be, and is hereby declared Null and void to all Intents and Purposes whatsoever. By the same Act a Debt of 3300 l. with Interest from the 3 d of February 1688, wherewith the Premises were before chargeable, is appointed to be paid by Wood, to be felled within the Forest of Needwood. Sir John Turton, one of the Justices of the King's-Bench, who advised the Act of Parliament, hath notwithstanding the said Act, in July 1698, upon no other Consideration than his Services, procured a Grant to himself, from his Majesty, of the Woods in Heyling-Park, and Ruffey-Park, within Needwood-Forest. and a Lease for 99 Years, of the Soil of both, with liberty to dispark and Plough up the same, under the yearly Rent of 4 l. per Annum for Ruffey-Park, and 1 l. 6 s. 8 d. per Annum for Heyling's-Park, and has since impaled Heyling's-Park, with the King's Timber, for his own private use, and stocked the same with a great number of Deer. This Grant is contrary to the intent of the Act of Parliament, and to the prejudice of the Crown, the Forest, and all Freeholders bordering thereon, or claiming Estovers there, for these Reasons. 1. The ancient Rent to the King for the Herbage only of Heyling's-Park, was 3 l. 6 s. 8 d. and in this Lease no more than 1 l. 6 s. 8 d. is reserved. 2. The King's Deer are excluded from part of their Pasture. 3. The Royalties and Interest which were intended by the Act to be preserved entire in the Crown, are divided, and put into private Hands 4. The King's Dear being excluded from part of their Range, will be more apt to break into the Lands bordering upon the Forest than before, and injure the Neighbouring Estates. 5. The Woods within these Parks, which alone, without the Soil, were formerly valued by the King's Surveyor at 1568 l. 5 s. and might have been applied towards payment of the 3300 l Debt, are now converted to Sir John Turton's private use, whereby greater quantities of Wood must be felled within the Forest for satisfying this Debt, than there would otherwise have been. And the Estovers claimed by the Freeholders in that Forest, must thereby be lessened. 6. This Act was made to prevent the King and Subject claiming right in the Forest, from being befrauded or injured by Grants obtained upon false Suggestions; and this Lease for 99 Years, has all the same mischiefs in it as an alienation in Fee, and seems to be a manifest evasion of the true meaning of the said Act of Parliament. For the Trees are granted away wholly, and the Soil with liberty to grub up and Plough it during the Term, which besides the lessening of the Rent, takes away all profit from the King or Subject, and renders the Reversion of no value. And if a Lease for 99 Years may be granted, a Lease of 1000, 2000, or 10000 may by the same reason be granted, and yet be no alienation against the Act of Parliament. It is humbly hoped that this Lease shall be vacated