The Case concerning the Palace of Westminster and White-hall. THe Kings of England, time out of mind, were seized in Fee( Jure Coronae) of the Old Palace in Westminster, cum peatin: in come: mid: till 28 H. 8. Who being so seized, then purchased a great Mansion-house, parcel of the Possession of the Archbishop of York, near to the old Palace in Westminster, which being decayed, he built many fair Lodgings and Buildings for his pleasure and Commodity. H. 8. was then also seized in Fee( Jure Coronae) of St. James's Park, enclosed with a Brick and ston wall. Whereupon 28 H. 8. praed; It was Enacted by Parliament, That all the premises should be the Kings whole Palace at Westmimster, and so to be called for ever, and should extend, and be as well within the soil and Palace praed: as also in all the Street or way leading from Charing-Cross, to the Sanctuary Gate at Westminster, and in all the Buildings and Houses, Lands and Tenements on both sides of that Street, from the across to Westminster-hall, being between the Thames on the East part, and the Park-wall on the West, and so through all the soil Precincts and Limits of the Old Palace: And that the New Palace should have all the Prerogatives, Liberties, privileges, &c. as the Old Palace had; and that the Old Palace should be reputed as parcel of the new: As by the Act. Hereupon there happening to be many Intrusions and encroachments upon the Palace, &c. in divers places: A Commission under the Great Seal was directed to the late Earl of Manchestor, and the now Earl of Dorset and others, in 110 Car: to inquire upon Oath, which were the just and ancient meats and Bounds of the Palace of Westminster, and how far they extended, or were wont so to do, &c. And an Inquisition, dat: 31 Julii, 11 Car: was thereupon found, containg the matters( ut sup:) And that within the said Palace there can a Common-Sewer from Petty-Callis Gate; after dividing itself into two parts, one running near the Park-wall to the Ax-yard in Kings-street, and thence to the Black-Bell in that Street; and the other part running from Petty-Callis Gate by the Back-side of the George in Kings-street, under the Stables and Coach-houses of the Blew-Boar; and thence through Poulterers-yard, and thence to the Black-bell in Kings-street, and there both parts joining, they ran through divers parts of Kings-street and pensioners Alley, to the Orchard at White-hall, and thence into the Thames. And another sure running through the said Palace, from the Market-place near Kings-street, through the Wool-Staple into Canon-Row, and so into the Thames. Upon which Sewers divers Houses and Buildings were erected, and also upon St. James's Park-wall in divers places, and other parts of that Wall were demolished; instead whereof Portland-house and Kirk-house were built: And that the Old Wall extending from the Gate at the end of the Parliament Stairs within the Old Palace, to the Kings Mill, was in some parts defaced and others demolished, and in divers parts thereof, divers Houses and Buildings erected. And that upon the Old ston wall, extending from the Gate-house of the Old Palace yard, in length to the Thames, and returning to the Kings Bridge, divers Houses and Buildings were erected. And that divers Houses, wharves and Buildings were erected within the Limits of the Old Palace, between the said Old ston wall at the Gate of the Parliament Stairs, and the Kings Mill and Thames. And that upon a ston wall near H. the Sevenths chapel, A house called Heaven; and against the Wall of the Court of Requests, divers Houses and Buildings were erected: As by the Inquisition. Hereupon another Commission under the Great Seal, dat. 30 Martii, 13 Car. was directed to the E: of Manchester and Dorset, and others reciting the premises, and empowering them or any three of them( whereof Manchester or Dorset to be one) to inquire upon Oath by Jury and witnesses, Whither the just and ancient Bounds of the Palace at Westminster extended beyond the meats and Bounds( sup.) and how and in what maner, and what persons, without Right or Title held any Houses &c. within the same: And what encroachments had been made, and by whom, and how great, and of what value, for which no Rent or Profit was paid to the Crown; and what these Rents, Issues or Profits amounted too, and by whom Received. And upon such inquiry, to Compound with the Intruders and Incroachers, their Heirs, Ex●●●●●●● Administrators or Assigns, for their Fines and Sums of Money to be assessed, for holding any Houses, Buildings, &c. within the said Palace, which of right did belong to the Crown, or otherwise, for the grant of the Premises to them, or for pardoning, releasing or discharging them of their Intrusions and encroachments; and if they should refuse to Agree and Compound, Then the Commissioners to sell and alien their encroachments, and the same to be ratified by Grant under the Great Seal, wherein a small Rent should be reserved to the Crown, and the premises to be held in Socage of the Manor of East-Greenwich. And upon every Composition for any Grant, Pardon, Release or licence, a fourth part of every such Composition was to be paid to the use of the Crown into the Exchequer, and the other three parts to Sir Humphrey Style 〈…〉 Baronett his Executors and Assigns without any account: for which three parts the Officers of the Exchequer were to enter discharges, as if the same had been paid to the Crown. And the Attorney and Solicitor-General, and all other Officers and Ministers, were to cause all process and other means to be used for the Execution of these Letters Parents, as well for the benefit of the Crown as of Sir Humphrey Style his Executors, Administrators and Assigns, &c. as by the Letters Patents. Hereupon after divers sittings of the Commissioners to Compound with the Intruders and Incroachers, returned in the Inquisition sup: and the refusal of divers of them: An information of Intrusion was exhibited by Sir John Banks into the Exchequer against such of the said Refusers by reason of the premises: And they answered, and Issue was joined: And 7 junii in Trin: 14 Car: the Cause was heard, and upon full proof, the Court found the Intrusions and encroachments then in proof, and Ordered a Commission of Survey directed to George Courthope and Gerard gore, Esqs; to view the same with Workmen, and certify in particular the Extent and maner of the same, for the better Information of the Court, and they accordingly returned their Certificate( as thereby appears) finding the particular encroachments, &c. And thereupon, 23 Octob. 14 Car. the Court confirmed that Certificate, and Awarded an Injunction against the Intruders directed to the Sheriff of Middlesex, forth with to demolish and pull down the Intrusions and encroachments within the said Palace according to the Certificate: As by the Injunction may appear. Whereupon the Sheriff went about to demolish divers Buildings, &c. and then divers of the persons concerned came in and Compounded; but the Wars and Troubles ensuing, the further Execution of this Commission ceased, and now there are but three Commissioners living, and onely the Earl of Dorset of the Quorum. The Parliament in the Act for sale of the Crown Lands, 16 Julii, 1649. have excepted from Sale the premises. And by several Acts of this Parliament, particular Rights of private persons confirmed heretofore by Patent to them upon good consideration, and where the Interest of the public may be concerned( as it is in this case) are allowed and approved; and its the common course of the Exchequer. The case standing thus, and there being many encroachments ut sup: uncompounded for, Sir Humphrey Style desireth that this Commission may be set on foot according to the nature thereof, and the Judgement of the Exchequer; whereby advantage will come to the State, and a competent satisfaction to himself, who spent in the prosecution of the former Business above 2000: 00: 00: The parties concerned having no right in the world to their Buildings, for that they have in the Exchequer either confessed their Intrusions, &c. or they were fully proved. And to the end that such a course may be had, either upon this Commission, or by renewing it and appointing new Commissioners, or otherwise as the Parliament shall think fit ● saving to Sir Humphrey Style his right) is left to due consideration.