JB/541/416/001

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11

visit to the spot, I happened a short time ago, by accident, and without
my seeking, to fall into conversation upon the subject of the penitentiary
plan with one of Your Lordship's tenants, a Gardener of the name of Glonie,
who did not know the relation I bore to it. Beginning the conversation
(for he avowed a suspicion of me on that score) he mentioned it as a
remarkable circumstance, that no part of the land, either is now upon lease
or has been for these two hundred years. His own part he spoke of as
being 40 Acres: (being the upper part on which the building would be
placed) and he applied the same observation to the remainder in equal
quantity: (which agreed exactly with the quantity detailed in the inquest
of the Jury.) With respect to his own part, I think he can scarcely have
been otherwise than correct, in regard to a circumstance in which he
was so highly interested: and that is the only part for which I should
have occasion, before, Parliament had had time to do its office.

I set out with observing, that lease or no lease is immaterial
to the present purpose: and so Your Lordship will find it to be. Why?
Because the actual immediate possession is equally out of your Lordship's
power as landlord to grant, whether there be or be not a lease, as I well
knew: that must depend at any rate upon the occupying tenants.
Without their consent, to whom I well knew I must have to apply for it
after all, that of the landlord would in point of law be unavailing: since
a tenant stiled a tenant at will is not so far at will, as that he can
be removed, or his exclusive possession infringed upon, without a certain
interval of notice: and with the consent of the Tenant on the other hand,
a man might have the use he wanted were the landlord ever so averse.
So far then as immediate possession is concerned, it was the respect due
to Your Lordship, and to what appeared to me to be the rules of propriety
and decorum, and not any necessity in point of law, that was the motive
of my humble application to Your Lordship, to whose decision in that
particular the same Considerations will command my submission; and

Identifier: | JB/541/416/001 "JB/" can not be assigned to a declared number type with value 541.
Date_1	1793-08-16	Marginal Summary Numbering
Box	541	Main Headings
Folio number	416	Info in main headings field
Image	001	Titles
Category	Correspondence	Number of Pages
Recto/Verso		Page Numbering
Penner		Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number
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