C78 1547

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Year Date Regnal Year Parties Subject Matter Roll/Case No.
1547 27 Jan. 38 Thomas Benett and wife Agnes v John Eyer A tenement and 16 acres of land in Warminster, Wilts., held by copy of court roll of manor of Warminster. Conflict between parties about which is rightful tenant. Benett claimed on the possession of John Benett his father who had held by copyhold in the manor of Warminster for term of the lives of him, his wife, and one of his sons. John invested £20 in the tenements and had arranged for an extension, and, after John died, Thomas paid £7 to Edward Baynton knight high steward of the manor as an entry fine. The steward promised that Thomas, his wife, and one of his sons would hold for their lives and that a sufficient court roll copy would be made for him at the next manor court. Eyer and various riotous persons nonetheless took the issues and profits of the tenement and prevented Benett's enjoyment. Baynton then promised the tenement to Eyer. Baynton, remembering his first promise to Benett, settled between Benett and Eyre that Benett should pay Eyer £7 and would then possess, subject to the condition that if Benett wanted to sell, Eyer would have the right to purchase at the price of whatever anyone else would pay. Benett thus paid Eyer, but Eyer continued in possession. Eyer's defence accorded with the plaintiff's, except he alleged that Benett was supposed to enter into a £40 bond to abide by the agreement or else the agreement was to be void; he refused to be so bound. Court found that Benett had offered the surety, which Eyer refused. Decree is for the plaintiff. rcp C78/3, no. 63 [2]
1547 26 Jan. 38 John Walker, clerk, rector of Tackley, Oxon. v Anne Newers, widow, executor of Edmund Newers, dec. Withholding of tithes by Edmund Hewers, worth £7, 14s.12d. Decree is in favor of plaintiff. rcp C78/3, no. 36 [3]
1547 11 Feb. 1 Anthony Rogers and Robert Bathe v William Cavell. Farm of a pasture called Marsh in Warminster, Wilts, and an eight acre meadow in Norton Bavant, Wilts. Bathe claimed by virtue of an indenture of 30 Henry VIII made by William Rogers late grandfather of Anthony Rogers for 50 years, the term to have begun after the expiration of a prior term of 50 years held by Nicholas Cavell late father of William; that prior term ended in 36 Henry VIII. Cavell claimed by virtue of an indenture that purportedly renewed the prior term for another 50 years. Decree is in favor of Bathe. rcp C78/3, no. 35 [4]
1547 11 Feb. 1 John Knolles, clerk, rector of Musgrave, Westm. v Richard Musgrave, esq. Tithes of parish of Musgrave, Westm and the taking of tithe corn. Decree is in favor of Knolles, because Musgrave failed to produce an alleged composition. rcp C78/3, no. 61 [5]
1547 12 Feb. 1 Humfrey Luce, merchant of London v William Hackluyte, Elizabeth his wife, and Blanche Warton. A capital messuage and 400 acres of land in Leominster, Heref., and other messuages in Lowton, Stoke Prior, and Brierley, Heref. Luce had claimed by virtue of a bargain and sale from John Hackluyte. Decree is in favor of Elizabeth and Blanche. rcp C78/3, no. 64 [6]