N° I. ing. Becaufe by the complaint of William Kent efquire, perfonally present at my county court, to wit, on Monday the fixth day of September in the thirtieth year of the reign of our lord GEORGE the fecond by the grace of God of Great Britain, France, and Ireland king, defender of the faith, and so forth, at Oxford in the fhirehouse there holden, I am informed, that although he himself the writ of our faid lord the king of right patent directed to Willoughby earl of Abingdon, for this that he should hold full right to the faid William Kent of one mesfuage and twenty acres of land with the appurtenances in Dorchester within my faid county, of which Richard Allen deforces him, hath brought to the faid Willoughby earl of Abingdon; yet, for that the faid Willoughby earl of Abingdon favoureth the faid Richard Allen in this part, and hath hitherto delayed to do full right according to the exigence of the faid writ, I command you on the part of our faid lord the king, firmly enjoining, that in your proper perfon you go to the court baron of the faid Willoughby earl of Abingdon at Dorchefter aforesaid, and take away the plaint, which there is between the faid William Kent and Richard Allen by the faid writ, into my county court to be next holden; and fummon by good fummoners the faid Richard Allen, that he be at my county court on Monday the fourth day of October next coming at Oxford in the fhirehouse there to be holden, to answer to the faid Wil. liam Kent thereof. And have you there then the faid plaint, the fummoners, and this precept. Given in my county court at Oxford in the fhirehouse, the fixth day of September, in the year aforefaid. §3. GEORGE the fecond, by the grace of God of Great Britain, France, and Ireland king, defender of the faith, and fo forth, to the fheriff of Oxfordshire, greeting. Put, at the request of William Kent, before our juftices at Westminster on the morrow of All Souls, the plaint which is in your county court by our writ of right, between the faid William Kent de mandant mandant, and Richard Allen tenant, of one meffuage and N° I. twenty acres of land with the appurtenances in Dorchester; and fummon by good fummoners the faid Richard Allen, that he be then there, to anfwer to the faid William Kent thereof. And have you there the fummoners and this writ. Witness ourself at Westminster, the tenth day of September, in the thirtieth year of our reign. $4. Writ of RIGHT, quia Dominus remifit Curiam. GEORGE the fecond, by the grace of God of Great Britain, France, and Ireland king, defender of the faith, and fo forth, to the fheriff of Oxfordshire, greeting. Command Richard Allen, that he justly and without delay render unto William Kent one meffuage and twenty acres of land with the appurtenances in Dorchefter, which he claims to be his right and inheritance, and whereupon he complains that the aforesaid Richard unjustly deforces him. And unless he shall so do, and if the faid William fhall give you fecurity of profecuting his claim, then fummon by good fummoners the faid Richard, that he appear before our juftices at Westminster on the morrow of All Souls, to shew wherefore he hath not done it. And have you there the fummoners and this writ. Witness ourself at Westminster, the twentieth day of Auguft, in the thirtieth year of our reign. Becaufe Willoughby earl of Abingdon, the chief lord of that fee, hath thereupon remised unto us his court. Pledges of John Doe. Summoners of the John Den. Sheriff's Kk 4 § 5. The N° I. Writ. Dominus remifit curiam. Count. Efplees. Defence. Wager of Replica tion. § 5. The Record, with award of Battel. Pleas at Westminster before fir John Willes knight, and his brethren, juftices of the bench of the lord the king at Westminfter, of the term of faint Michael in the thirtieth year of the reign of the lord GEORGE the fecond, by the grace of God of Great Britain, France, and Ireland king, defender of the faith, &c. Oxon, William Kent, efquire, by James Parker, his attorney, } to wit. demands against Richard Allen, gentleman, one meffuage and twenty acres of land, with the apppurtenances, in Dorchefter, as his right and inheritance, by writ of the lord the king of right, becaufe Willoughby earl of Abingdon the chief lord of that fee hath now thereupon remifed to the lord the king his court. And whereupon he faith, that he himself was feifed of the tenements aforesaid, with the appurtenances, in his demefne as of fee and right, in the time of peace, in the time of the lord GEORGE the first late king of Great Britain, by taking the esplees thereof to the value [of ten fhillings, and more, in rents, corn, and grafs.] And that such is his right he offers [fuit and good proof.] And the faid Richard Allen, by Peter Jones his attorney, comes and defends the right of the faid William Kent, and his feifin, when [and where it shall behove him,] and all [that concerns it,] and whatsoever [he ought to defend] and chiefly the tenements aforefaid with the appurtenances, as of fee and right, [namely, one meffuage and twenty acres of land, with appurtenances in Dorchefter.] and this he is ready to defend by the body of his free man, George Rumbold by name, who is present here in court ready to defend the fame by his body, or in what manner foever the court of the lord the king fhall confider that he ought to defend. And if any mifchance fhould befal the faid George (which God defend) he is ready to defend the fame by another man, who (is bounden and able to defend it.] And the faid William Kent faith, that the faid Richard Allen unjustly defends the *N. B. The claufes between hooks, in this and the fubfequent numbers of the appendix, are usually no otherwife expreffed in the records than by an &r. right No I. right of him the faid William, and his feifin, &c. and all, &c. and whatsoever, &c. and chiefly of the tenements aforefaid with the appurtenances, as of fee and right, &c.; because he faith, that he himself was feifed of the tenements aforefaid, with the appurtenances, in his demefne as of fee and right, in the time of peace, in the time of the faid lord GEORGE the first late king of Great Britain, by taking the efplees thereof to the value, &c. And that fuch is his right, he is prepared to prove Joinder of by the body of his freeman, Henry Broughton by name, who Battel. is present here in court ready to prove the fame by his body, or in what manner foever the court of the lord the king shall confider that he ought to prove; and if any mifchance should befal the faid Henry (which God defend) he is ready to prove the fame by another man, who, &c. and hereupon it is demanded of the faid George and Henry, whether they are ready to make battel, as they before have waged it; who fay that they are. And the fame George Rumbold giveth gage of defending, and Gages the faid Henry Broughton giveth gage of proving; and, fuch given. engagement being given as the manner is, it is demanded of the faid William Kent and Richard Allen, if they can fay any thing wherefore battel ought not to be awarded in this cafe; who say that they cannot. Therefore it is confidered, that Award of battel be made thereon, &c. and the faid George Rumbold Pledges. findeth pledges of battel, to wit, Paul Jenkins and Charles Carter; and the faid Henry Broughton findeth alfo pledges of battel, to wit, Reginald Read and Simon Tayler. And there- Continuupon day is here given as well to the faid William Kent as to ance. the faid Richard Allen, to wit, on the morrow of faint Martin next coming, by the affent as well of the faid William Kent as of the faid Richard Allen. And it is commanded that each of them then have here his champion, fufficiently furnished with competent armour as becomes him, and ready to make the battel aforefaid: and that the bodies of them in the mean time be fafely kept, on peril that fhall fall thereon. t which day here Champions come as well the faid William Kent as the said Richard Allen appear. by their attorneys aforefaid, and the faid George Rumbold and Henry Broughton in their proper perfons likewife come, fufficiently furnished with competent armour as becomes them, ready to make the battel aforefaid, as they had before waged it. Battel. No I. Adjourn ment to Tothill Field. And hereupon day is further given by the court here, as well to the faid William Kent as to the faid Richard Allen, at Tothill near the city of Westminster in the county of Middlefex, to wit, on the morrow of the purification of the blessed virgin Mary next coming, by the affent as well of the faid William as of the aforefaid Richard. And it is commanded, that each of them have then there his champion, armed in the form aforefaid, ready to make the battel aforefaid, and that their bodies in the mean time, &c. At which day here, to wit, at Tothill aforefaid, comes the faid Richard Allen by his attorney aforefaid, and the faid George Rumbold and Henry Broughton in their proper perfons likewife come, fufficiently furnished with competent armour as becomes them, ready to make the battel aforesaid, as they before had waged it. And the faid William Kent being folemnly called doth not come, nor hath Demandant profecuted his writ aforefaid. Therefore it is considered, that the fame William and his pledges of profecuting, to wit, John Doe and Richard Roe, be in mercy for his falfe complaint, and that the fame Richard go thereof without a day, &c. and alfo that the faid Richard do hold the tenements aforefaid with the appurtenances, to him and his heirs, quit of the faid William and his heirs, for ever, &c. nonfuit. Final judgment, for the Tenant. Defence. Mife. $ 6. Trial by the grand Affife. And the faid Richard Allen, by Peter Jones, his attorney, comes and defends the right of the faid William Kent, and his feifin, when, &c. and all, &c. and whatfoever, c. and chiefly of the tenements aforefaid with the appurtenances, as of fee and right, &c. and puts himself upon the grand affife of the lord the king, and prays recognition to be made, whether he himself hath greater right to hold the tenements aforefaid with the appurtenances, to him and his heirs as tenants thereof as he now holdeth them, or the faid William to have the faid tenements with the appurtenances as he above Tender of demandeth them. And he tenders here in court fix fhillings and eight-pence to the ufe of the lord the now king, &c. for the Demi mark. that |