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No I. ing. Because by the complaint of William Kent esquire,

personally present at my county court, to wit, on Monday the sixth day of September in the thirtieth year of the reign of our lord George the second by the grace of God of Great Britain, France, and Ireland king, defender of the faith, and so forth, at Oxford in the shirehouse there holden, I am informed, that although he himself the writ of our said lord the king of right patent directed to Willoughby earl of Abingdon, for this that he should hold full right to the said William Kent of one mere suage and twenty acres of land with the appurtenances in Dorchester within my said county, of which Richard Allen deforces him, hath brought to the said Willoughby earl of Abingdon; yet, for that the said Willoughby earl of Abingdon favoureth the said Richard Allen in this part, and hath hitherto delayed to do full right according to the exigence of the said writ, I command you on the part of our said lord the king, firmly enjoining, that in your proper person you go to the court baron of the said Willoughby earl of Abingdon at Dorchester aforesaid, and take away the plaint, which there is between the faid William Kent and Richard Allen by the said writ, into my county court to be next holden; and summon by good summoners the said Richard Allen, that he be at my county court on Monday the fourth day of O&tober next coming at Oxford in the shirehouse there to be holden, to answer to the said Wil. liam Kent thereof. And have you there then the said plaint, the summoners, and this precept. Given in my county court at Oxford in the shirehouse, the sixth day of September, in the year aforesaid.

$ 3. Writ of Pon E, to remove it into the Court of COMMON PLEAS;

6EDB6E the second; by the grace of God of Great Britain, France, and Ireland king, defender of the faith, and so forth, to the sheriff of Oxfordshire, greeting. Put, at the request of William Kent, before our justices at Westminster on the morrow of All Souls, the plaint which is in your county court by our writ of right, between the said William Kent de.

mandant

N° 1.
p end

mandant, and Richard Allen tenant, of one messuage and twenty acres of land with the appurtenances in Dorchester; and s summon by good summoners the said Richard Allen, that he be then there, to answer to the said William Kent thereof. And have you there the summoners 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 remisit Curiam.

6ED B6 € the second, by the grace of God of Great Britain, France, and Ireland king, defender of the faith, and so forth, to the sheriff of Oxfordshire, greeting. Command Richard Allen, that he justly and without delay render unto William Kent one messuage and twenty acres of land with the appurtenances in Dorchester, 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 said William fall give you security of prosecuting his claim, then summon by good summoners the said Richard, that he appear before our justices at Westminster on the morrow of All Souls, to Thew wherefore he hath not done it. And have you there the summoners and this writ. Witness ourself at Westminster, the twentieth day of August, in the thirtieth year of our reign. Because Willoughby earl of Abingdon, the chief lord of that fee, łath thereupon remised unto us his court.

Pledges of John Doe.
Profecution, Rich. Roe.

Summoners of the John Den. Sheriff's within-named Richard, Rich. Fen. Return.

Kk 4

$ 5. The

N° I.

$ 5. Tbe Record, with award of Battel.

Pleas at Westminster before fir John Willes knight, and his

brethren, justices of the bench of the lord the king at Weftminster, of the term of saint Michael in the thirtieth year of the reign of the lord GEORGE the second, by the grace of God of Great Britain, France, and Ireland king; defender of the faith, &c.

Count.

renathe time of peritain, by tabre, in re

Writ.

Oxon, William kent, esquire, by James Parker, his attorney,

to wit. S demands against Richard Allen, gentleman, one messuage and twenty acres of land, with the apppurtenances, in Dor.

chester, as his right and inheritance, by writ of the lord the Dominus re- king of right, because Willoughby earl of Abingdon the chief lord mifit curiam. of that fee hath now thereupon remised to the lord the king his

court. Und wohereupon he faith, that he himself was seised of the tenements aforesaid, with the appurtenances, in his demesne as of

fee and right, in the time of peace, in the time of the lord GEORGE Erplees. the first late king of Great Britain, by taking the esplees thereof

to the value • [of ten fillings, and more, in rents, corn, and

grass.] And that such is his right he offers [suit and good proof.] Defence. and the said Richard Allen, by Peter Jones his attorney, comes

and defends the right of the said William Kent, and his feifin, when (and where it shall behove him,) and all (that concerns it, and whatsoever she ought to defend) and chiefly the tenements aforesaid with the appurtenances, as of fee and right, (namely,

one messuage and twenty acres of land, with appartenances in Wager of

Dorchester.) And this he is ready to defend by the body of his Battel. free man, George Rumbold by name, who is present here in court

ready to defend the same by his body, or in what manner foever the court of the lord the king shall consider that he ought to defend. And if any mischance should befal the said George (which God

defend) he is ready to defend the same by another man, who Replica. (is bounden and able to defend it.] and the said William zion. Kent faith, that the said Richard Allen unjustly defends the

* N. B. The clauses between hooks, in this and the subsequent numbers of the appendix, are usually no otherwise expressed in the records than by an Gr.

right

right of him the said William, and his seisin, &c. and all, &c. N° I. and whatsoever, &c. and chiefly of the tenements aforesaid with the appurtenances, as of fee and right, &c.; because he faith, that he himself was seised of the tenements aforesaid, with the appurtenances, in his demesne as of fee and right, in the time of peace, in the time of the said lord George the first late king of Great Britain, by taking the esplees thereof to the value, &c. and that such 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 same by his body, or in what manner soever the court of the lord the king shall con. sider that he ought to prove ; and if any mischance should befal the faid Henry (which God defend) he is ready to prove the same by another man, who, &c. and hereupon it is demanded of the said George and Henry, whether they are ready to make battel, as they before have waged it; who say that they are. 2nd the same George Rumbold giveth gage of defending, and Gages the said Henry Broughton giveth gage of proving; and, such siven. engagement being given as the manner is, it is demanded of she said Wiliam Kent and Richard Allen, if they can say any ihing wherefore battel ought not to be awarded in this case; who say that they cannot. Therefore it is conŲdered, that Award of battel be made thereon, &c. And the said George Rumbold findeth pledges of battel, to wit, Paul Jenkins and Charles Carter; and the faid Henry Broughton findeth also pledges of battel, to wit, Reginald Read and Simon Tayler. and there. Continuupon day is here given as well to the said William Kent as to ance. the said Richard Allen, to wit, on the morrow of saint Martin next coming, by the assent as well of the said William Kent as of the said Richard Allen. And it is commanded that each of them then have here his champion, sufficiently furnished with competent armour as becomes him, and ready to make the battel aforesaid: and that the bodies of them in the mean time be safely kept, on peril that shall fall thereon. It which day here Champions come as well the said William Kent as the said Richard Allen appear. by their attorneys aforesaid, and the said George Rumbold and Henry Broughton in their proper persons likewise come, sufficiently furnished with competent armour as becomes them, ready to make the battel aforesaid, as they had before waged it.

2nd

Battel.

of incoming, by then, to wit, co the said will

in. ment to

Totbill Field.

No 1. Hud hereupon day is further given by the court here, as well

to the said William Kent as to the said Richard Allen, at Tothill near the city of Westminster in the county of Middlesex, to wit, on the morrow of the purification of the blessed virgin Mary next coming, by the assent as well of the said William as of the aforesaid Richard. And it is commanded, that each of them have then there his champion, armed in the form aforesaid, ready to make the battel aforesaid, and that their bodies in the mean time, &c. At which day here, to wit, at Tothill aforesaid, comes the said Richard Allen by bis attorney aforesaid, and the said George Rumbold and Henry Broughton in their proper persons likewise come, sufficiently furnished with competent armour as becomes them, ready to make the battel aforesaid, as they before had waged it. And the said

William Kent being solemnly called doth not come, nor hath Demandant profecuted his writ aforesaid. Therefore it is conldered, that nonfuit. the fame William and his pledges of prosecuting, to wit, John

Doe and Richard Roe, be in mercy for his false complaint, and Final jude, that the same Richard go thereof without a day, &c. and also ment, for that the said Richard do hold the tenements aforesaid with the the Tenant.

appurtenances, to him and his heirs, quit of the said William and his heirs, for ever, &c.

$ 6. Trial by the grand Afije.

Defence.

- And the faid Richard Allen, by Peter Jones, his attorney, comes and defends the right of the said William Kent, and his seisin, when, &c. and all, &c. and whatsoever, &c. and chiefly of the tenements aforesaid with the appurtenances, as of fee and right, &c. and puts himself upon the grand aslife of the lord the king, and prays recognition to be made, whether he himself hath greater right to hold the tenements aforesaid with the appurtenances, to him and his heirs as tenants thereof as he now holdeth them, or the said William

to have the said tenements with the appurtenances as he above Tender of demandeth them. Ind he tenders here in court fix fhillings in and eight-pence to the use of the lord the now king, &c. for

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