Thomas Clarkson - ST JAMES PARSONAGE - AN ANGRY TENANT

    Thomas Clarkson was the owner/builder of premises in Macquarie Street built on the 3 adjoining allotments he'd purchased there in 1812. The mortgage to Hall in 1817 indicates that it was under construction then and was "to be finished by the said Thomas Clarkson in a masterly and workmanlike manner".(36) That was in May, and by October of that year (1817) Thomas leased the house in it's unfinished state to Francis Ewen Forbes (not to be confused with the Chief Justice of the same name) Gentleman, of Sydney. The premises had by then become:
all that new built stone dwelling House , messuages or tenements and premises with the appurtenances situate and being the corner House on the west side, and at the east side fronting the New General Hospital in the town of Sydney aforesaid. Together with all cellars,  chambers, rooms, stables outhouses edifices and buildings.(37)
    The lease was for seven years and the contract was to begin on 20 January of the new year (1818) at an annual rent of £70 for the first three years and £90 thereafter. The term was determinable on Forbes giving Clarkson three months notice in writing of his intention to vacate the premises.(38)
    By June the house was still not tenantable and a footnote was added to the original contract to the effect that, instead of commencing from the 20th January, the lease would be computed from the date when the:
said demised dwelling house and premises shall be put in such order, repair and condition.(39)
    Francis Ewen Forbes was never to occupy these rented premises. The house was ultimately completed and although Forbes claimed to have paid the first annual installment of rent (£70 sterling) he was denied occupation from that point on.
    On 28 May 1818 Francis Ewen Forbes appealed to the Supreme Court of Civil Jurisdiction for a judgement against Clarkson on the grounds that Thomas had breached the covenant agreed upon regarding the occupation of the premises. Forbes was obviously intending to use the premises professionally as he also claimed damages due to the loss or the use of the same. He also claimed that the house had been completed for some time and was quite habitable.
    Forbes' occupation of the house was hindered by the claims of D'Arcy Wentworth. Thomas Hart and Robert Lathrop Murray, all of whom claimed the right of occupation, and who had prevented him "from entering the said premises or any part thereof".
    Thomas retaliated by stating that the agreements signed by him and to which Forbes referred, were not the words of his deed and claimed he had not broken any covenants "if such a clause was really contained in the supposed indenture" which he    doubted. (Whether Thomas knew it or not, just such a deed was registered with the Judge Advocate, and the wording was as Forbes said.)(40)
    Satisfaction, to a small extent would have been Forbes' to enjoy at the conclusion of the case, for having lost his intended home and being "out of pocket" he was to hear the Judge rule in his favour and order up the home of Thomas Clarkson for sale to recover the damages suffered by Forbes. The sale was never executed, however, as Thomas was able to secure the payments of the damages, costs and fees ruled against him by Justice Barren Field.(41)
Link to Parish Map showing St James Parsonage
Link to Photo, St James Parsonage 1840-3


 Page last updated -  7 July 2006