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