APPENDIX.

N^o. I.

Proceedings on a Writ of RIGHT Patent.

§. 1. Writ of RIGHT patent in he COURT BARON.

GEORGE the fecond by the grace of God of Great Britain, France, and Ireland king, defender of the faith, and fo forth, to Willoughby earl of Abingdon, greeting. The command you that without delay you hold full right to William Kent efquire, of one meffuage and twenty acres of land with the appurtenances in Dorchefter, which he claims to hold of you by the free fervice of one penny yearly in lieu of all fervices, of which Richard Allen deforces him. And unlefs you fo, do let the fheriff of Oxfordfhire do it, that we no longer hear complaint thereof for defect of right. Witnefs ourfelf at Weftminfter, the twentieth day of Auguft, in the thirtieth year of our reign.

Pledges of Profecution,
John Doc.
Richard Roe.

§. 2. Writ of TOLT, to remove it into the COUNTY COURT.

Charles Morton, efquire, fheriff of Oxfordfhire, to John Long bailiff errant of our lord the king and of myfelf, greeting. Becaufe by the complaint of William Kent efquire, perfonally prefent 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 fo forth, at Oxford in the fhirehoufe there holden, I am informed, that although he himfelf the writ of our faid lord the king of right patent directed to Willoughby earl of Abingdon, for this

VOL. III.

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that

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that he fhould hold full right to the faid William Kent of one meffuage and twenty acres of land with the appurtenances in Dorchefter within my faid county, of which Richard Allen deforces him, hath been 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 aforefaid, 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 fhirehoufe there to be holden, to anfwer to the faid William Kent thereof. And have you there then the faid plaint, the fummoners, and this precept. Given in my county court at Oxford in the fhirehoufe, the fixth day of September, in the year aforefaid.

§. 3. Writ of PONE, to remove it into the Court of COMMON PLEAS.

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 Oxfordfhire, greeting. Put, at the requeft of William Kent, before our juftices at Weftminfter on the morrow of All-Souls, the plaint which is in your county court by our writ of right, between the faid William Kent demandant, and Richard Allen tenant, of one meffuage and twenty acres of land with the appurtenances in Dorchefter; 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. Witnefs ourfelf at Weftminfter, 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 Oxfordfhire, greeting. Command Richard Allen, that he juftly 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 aforefaid Richard unjuftly him. And unlefs he fhall
fo
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fo do, and if the faid William fhall give you fecutiry of profecuting his claim, then fummon by good fummoners the faid Richard, that he appear before our juftices at Weftminfter on the morrow of All Souls, to fhew wherefore he hath not done it. And have you there the fummoners and this writ. Witnefs ourfelf at Weftminfter, 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 remifed unto us his court.

Pledges of profecution—John Doe., Richard Roe.
Summoners of the within named Richard—John Den., Richard Fen.

§. 5. The Record, with award of Battel.

Pleas at Weftminfter before fir John Willes knight, and his brethren, juftices of the bench of the lord the king at Weftminfter, 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. to wit.} William Kent, efquire, by James Parker his attorney, demands againft Richard Allen, gentleman, on meffuage and twenty acres of land, with the appurtenances, 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 himfelf 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 lord GEORGE the firft late king of Great Britain, by taking the efplees thereof to the value* [of ten fhillings, and more, in rents, corn, and grafs.] And that fuch 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 fhall behove him,] and all [that concerns it,] and whatfoever [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 the appurtenances, in Dorchefter.] And this he is ready to defend by the body of his free man, George Rumbold by name, who is prefent here in court ready to defend the fame by his body, or in what manner

* N. B. The claufes between hooks, in this and the fubfequent numbers of the appendix, are ufually no otherwife expreffed in the records than by an &c.
* 2
foever
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foever the court of the lord the king fhall confider that he ought to defend. And if any mifchance fhould befall 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 unjuftly defends the right of him the faid William, and his feifin, &c, and all, &c, and whatfoever, &c, and chiefly of the tenements aforefaid with the appurtenances, as of fee and right, &c; becaufe he faith, that he himfelf 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 firft 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 by the body of his freeman, Henry Broughton by name, who is prefent here in court ready to prove the fame by his body, or in what manner foever the court of the lord the king fhall confider that he ought to prove; and if any mifchance fhould befall the faid Henry (which God defend) he is ready to prove the fame b 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 the faid Henry Broughton giveth gage of proving; and, fuch 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 fay that they cannot. Therefore it is confidered, that battel be made thereon, &c. And the faid George Rumbold 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 thereupon day is here given as well to the faid William Kent as to 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 furnifhed 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. At which day here come as well the faid William Kent as the faid Richard Allen by their attorneys aforefaid, and the faid George Rumbold and Henry Broughton in their proper perfons likewife come, fufficiently furnifhed with competent armour as becomes them, ready to make the battel aforefaid, as they had before waged it. And hereupon day is further given by the court here, as well to the fid William Kent as to the faid Richard Allen, at Tothill near the city of Weftminfter in the county of Middlefex, to wit, on the morrow of the purification of the bluffed virgin Mary next coming, by the affent as
well
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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 furnifhed with competent armour as becomes them, ready to make the battel aforefaid, as they before had waged it. And the faid William Kent being folemnly called doth not come, nor hath profecuted his writ aforefaid. Therefore it is confidered, 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.

§. 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 himfelf upon the grand affife of the lord the king, and prays recognition to be made, whether he himfelf 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 demandeth them. And he tenders here in court fix fhillings and eight-pence to the ufe of the lord the now king, &c, for that, to wit, it may be inquired of the time [of the feifin alleged by the demandant.] And he therefore prays, that it may be inquired by the affife, whether the faid William Kent was feifed of the tenements aforefaid with the appurtenances in his demefne as of fee in the time of the faid lord the king GEORGE the firft, as the faid William in his demand before hath alleged. Therefore it is commanded the fheriff, that he fummon by good fummoners four lawful knights of his county, girt with fwords, that they be here on the octaves of faint Hilary next coming, to make election of the affife aforefaid. The fame day is given as well to the faid William Kent as to the faid Richard Allen, here, &c. At which day here come as well the faid William Kent as the faid Richard Allen; and the fheriff, to wit, fir Adam Alftone knight now returns, that he had caufed to be fummoned Charles Stephens, Randal Wheler, Toby Cox, and Thomas Munday, four
lawful
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lawful knights of his county, girt with fwords, by John Doe and Richard Roe his bailiffs, to be here at the faid octaves of faint Hilary, to do as the faid writ thereof commands and requires; and that he faid fummoners, and each of them, are mainprized by John Day and James Fletcher. Whereupon the faid Charles Stephens, Randal Wheler, Toby Cox, and Thomas Munday, four lawful knights of the county aforefaid, girt with fwords, being called, in their proper perfons come, and, being fworn, upon their oath in the prefence of the parties aforefaid chofe of themfelves and others twenty four, to wit, Charles Stephens, Randal Wheler, Toby Cox, Thomas Munday, Oliver Greenway, John Boys, Charles Price, knights, Daniel Prince, William Day, Roger Lucas, Patrick Fleming, James Harris, John Richardfon, Alexander Moore, Peter Payne, Robert Quin, Archibald Stuart, Bartholomew Norton, and Henry Davis, efquires, John Porter, Chriftopher Ball, Benjamin Robinfon, Lewis Long, William Kirby, gentlemen, good and lawful men of the county aforefaid, who neither are of kin to the faid William Kent nor to the faid Richard Allen, to make recognition of the grand affife aforefaid. Therefore it is commanded the fheriff, that he caufe them to come here from the day of eafter in fifteen days, to make the recognition aforefaid. The fame day is there given to the parties aforefaid. At which day here come as well the faid William Kent as the faid Richard Allen, by their attorneys aforefaid, and the recognitors of the affife whereof mention is above made being called come, and certain of them, to wit, Charles Stephens, Randal Wheler, Toby Cox, Thomas Munday, Charles Price, knights, Daniel Prince, Roger Lucas, William Day, James Harris, Peter Payne, Robert Quin, Henry Davis, John Porter, Chriftopher Ball, Lewis Long, and William Kirby, being elected, tried, and fworn, upon their oath fay, that the faid William Kent hath more right to have the tenements aforefaid with the appurtenances to him and his heirs, as he demandeth the fame, than the faid Richard Allen to hold the fame as he now holdeth them, according as the faid William Kent by his writ aforefaid hath fuppofed. Therefore it is confidered, that the faid William Kent do recover his feifin againft the faid Richard Allen of the tenements aforefaid with the appurtenances, to him and his heirs, quit of the faid Richard Allen and his heirs, for ever: and the faid Richard Allen in mercy, &c.
No. II.
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