APPENDIX. No. I. PROCEEDINGS ON A WRIT OF RIGHT PATENT. § 1. WRIT OF RIGHT PATENT IN THE COURT BARON. GEORGE the second by the grace of God of Great Britain, France, and Ireland king, defender of the faith, and so forth, to Willoughby earl of Abingdon, greeting. We command you that without delay you hold full right to William Kent esquire, of one messuage and twenty acres of land with the appurtenances in Dorchester, which he claims to hold of you by the free service of one penny yearly in lieu of all services, of which Richard Allen deforces him. And unless you so do, let the sheriff of Oxford do it, that we no longer hear complaint thereof for defect of right. Witness ourself at Westminster, the twentieth day of August, in the thirtieth year of our reign. §2. WRIT OF TOLT, TO REMOVE IT INTO THE COUNTY COURT. CHARLES MORTON, esquire, sheriff of Oxfordshire, to John Long bailiff errant of our lord the king and of myself, greeting. 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, 1 No. 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 messuage and twenty acres of land with the appurtenances in Dorchester within my said county, of which Richard Allen deforces him, hath been 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 our 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 said 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 October next coming at Oxford in the shirehouse there to be holden, to answer to the said William 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 PONE, TO REMOVE IT INTO THE GEORGE 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 demandant, and Richard Allen tenant, of one messuage and twenty acres of land with the appurtenances in Dorchester; and summon by good summoners the said Richard Kent thereof. And have you there the summoners and this writ. Witness ourself at Westminster, the tenth No. I. day of September in the thirtieth year of our reign. § 4. WRIT OF RIGHT, QUIA DOMINUS REMISIT CURIAM. GEORGE 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 shall 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 shew wherefore he had 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, hath hereupon remised unto us his court. 5. THE RECORD, WITH AWARD OF BATTEL. Pleas at Westminster before Sir John Willes, knight, and his brethren, justices of the bench of the lord the king at Westminster, 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. Oxon, WILLIAM KENT, esquire, by James Writ. O o No. I. Dominus remisit curiam. Count. Esplees. Defence. acres of land, with the appurtenances, in Dorchester, as his right and inheritance, by writ of the lord the king of right, Becanse Willoughby earl of Abingdon the chief lord of that fee hath now thereupon remised to the lord the king his court. And whereupon he saith, 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 the first late king of Great Britain, by taking the esplees thereof to the value * [of ten shillings, and more, in rents, corn, and grass.] And that such is his right he offers [suit and good proof.] And the said Richard Allen, by Peter Jones his attorney, comes and defends the right of the said William Kent, and his seisin, when [and where it shall behove him,] and all [that concerns it,] and whatsoever [he 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 the appurtenances, in Dorchester.) 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 same by his body, or in what manner soever 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 (is bounden and able to deReplication. fend it.) And the said William Kent saith, that the said Richard Allen, &c. unjustly defends the right of him the said William, and his seisin, &c. and all, &c. and whatsoever, &c. and chiefly of the tenements aforesaid, with the appurtenances, as of fee and right, &c.; because he saith, that he himself was seised of the tenements aforesaid, with the appurtenauces, in his demesne as of fee and right, in the time of peace, in the time of the said lord George the first Wager of 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 &c. |