DUCHY OF LANCASTER - COURTS AND TURNS AT WITHERIDGE.
The connection between Witheridge and the Duchy of Lancaster would appear to derive from the medial lordship of the heirs of William
Brewer which is to be found in Testa de Nevill, 1243. There is no mention of Witheridge in the I.P.M. of William Brewer, nor in the lists
of lands which came to his daughters after the death of his son, William Brewer, the younger in 1232, but all the estates quoted by Mr H
Watkin in his Presidential address to the Devonshire Association in 1918, as falling to the share of Margery de Feritate, are to be found in
the list of Duchy property in the Harding Mss. In the North Devon Athenaeum library in the handwriting of D Oliver. Margery's daughter
married a Chaworth and her grand-daughter and ultimate heiress married Henry, Duke of Lancaster. Their eldest daughter and heiress married
John of Gaunt, Duke of Lancaster.
1362: I.P.M. Henry d. of Lancaster. Kyppyngescote, ¼ fee held by John Uppecote (ibidem). Wytherig 1 fee held by John Chidioc.
1536: At the Dissolution the priory of Cannington-held also in Devon the manor and rectory of Witheridge, the manor worth 42 shillings
charged with a payment of 3/8 to Duchy of Lancaster.
(Reichel, Hundred of Braunton p.p.452)
1755: I know of no customs, Tenures and Privileges peculiar to the Manors but the Borough in general enjoys the common privileges of the
Duchy of Lancaster, viz, exemptions from Toll and Customs at Markets and Fairs, etc. but Risdon says they enjoy this by ancient demesne. Be
it as it will a Dutchy Court is kept up here besides the Manor Court and Hundred Court above mentioned and the Steward, if I mistake not,
has his authority from the king or his minister as Duke of Lancaster.
(Chapple, Dean Milles Mss., Bodl.Lib)
1850: A court leet and baron is held for the manor yearly at the Angel Inn, as also is a court of the Duchy of Lancaster. Mr W Croote is
steward of the former, and Mr T M Comins of the latter
( White's Devonshire)
1878: Mr James Tanner is steward of the former and Mr T M Comins of the latter.
(White's Devonshire)
1930: Mr John Benson took up the last statement with the Duchy and received from the Clerk to the Council of the Duchy this letter.
Sir, I have had an enquiry made into the subject of the Duchy Courts which were at one time held at Witheridge, Devon, and the results
of the search, so far as regards information at the disposal of this office, are as follows: The Court Rolls of the Manor date from the
19th year of Richard II and the latest of them is dated 21 James I. They are preserved in the Public Record Office in Chancery Lane, London
where they may be consulted.
For your convenience I may say that the reference for them is Duchy of Lancaster Records, Courts Rolls Bundle 57, Numbers 683-701.
The court presumably continued to be held, and it is known that a steward of the Duchy Courts in Devon was appointed in 1801 (Chas.Rashleigh).
On this Steward's death in 1827, James Pitt the younger of Moreton Hamstead, Devon, was appointed to this Office of "Steward of all and
singular Court within the Franchises and Liberties of the said Duchy in the County of Devon and the Offices of Feodaries and Bailiffs of
the same Franchises and Liberties" It does not appear, however, that a Court was held under the cognizance of the Duchy at so late a date
as 1878 perhaps you may be able to explain how the connexion with the Duchy survived.
The rents which the Duchy received from Devonshire were £2:13:6 in 1761, and the same amount in 1774. They were sold in 1799 to the
Charles Rashleigh already mentioned and do not appear in a Rental Survey of 1804.
I trust this information will meet your questions and be found to be of some assistance"
See the Harding Mss. Particularly H.36 for an account of difficulties when James Pitts was appointed.
List of COURTS and TURNS D.L.Bundle 57.
683 : 19-20 Ric.II. 1396 Courts and Turns Photostat made.
684 : 1-2 Hen.V. 1413 do Photostat made.
687 : A 22 Hen.VI. 1443-4 do Photostat made.
688 : 27 Hen.VI. 1448-9 do Photostat made.
689 : 31 and 32 Hen.VI. 1452 do
690 : 33 and 34 Hen.VI. 1453 do
692 : 34 Hen.VI. 1454 do
693 : 35 Hen.VI. 1455 do
696 : 2 7 3 Phil and Mary 1555 Turns Photostat made.
698 : 4 and 5 Phil and Mary 1557 do
699 : 3 and 4 Eliz. 1562 Courts and Turns Photostat made.
700 : 44 and 45 Eliz. and Jas.I 1602-3. do
701 : 20 and 21 Jas.I. 1623 do
702 : 8 Chas. I 1632 do
1396 : 19 and 20 Ric.II D.L.30 Bundle 57, No. 683. WYHERIDGE Court held there on Saturday after the feast of Saint Nicholas in the nineteenth
year of the reign of Richard II.
att. John Lytele of Exeter sought of John Smyth on a plea of debt. Let him be attached.
att. and amerc. Thomas Stoke sought of John Taillour on a plea of debt. Let him be att.
amerc. I d.. Richard Wrangworthe in mercy because he did not appear against John Baret on a plea of debt.
amerc. 4 d. John Smyth sought of Richard Skynnere on a plea of trespass of
and dis. common. He is attached by Richard Boucher then bailiff and came not and is in mercy and dis.
att. Richard Burnard for his attachment sought of Randle Mace on a plea of debt who was attached by one. And the bailiff presents that
John Fattecote broke pinfold and said that he led away a horse and was therefore attached.
att. John Shephurd atte More by his attorney sought of John Darpere on a plea of trespass. Let him be attached.
att. John Shephurd etc as before.
att. John Shephurd etc as before.
Rem. Hitherto the whole manor of Witherigg remaining is taken into the hands of the lord during the minority of the son and heir of
William Boteraux, and a precept is sent to the said heir.
amerc1 d. Nicholas Wynscote in mercy because he did not appear against Thomas Shorte on a plea of trepass.
dis. William Geffray and John Thomas sought of Thomas Shourte on a plea of trepass separately who is attached for 1 ox and is dis.
amerc.IVd. John Ferraunt sought by his attorney of Richard Lange on a plea of trepass who was attached by Peter Soppa then beiliff. He
came not there fore he is in mercy. Let him be distrained.
amerc.IVd. John Loneworthe and Agnes his wife in mercy because they did not appear against William Pyperwhit in a plea of trepass.
att. John Drapere sought by his attorney of John atte More on a plea of trespass let him be attached.
amerc.VId. The bailiff is in mercy because he did not distrain the Abbot of Dunkeswille to make a homage and fealty and suit of court
by the tenants of Broadhembury and dis.
att. Richard Bogheton and Mabilla his wife by their attorney sought of Thomas Cade on a plea of debt let him be attached.
amerc. IVd. Ralph Dabernon by his attorney sought of Robert Yeo on a plea of contract who was attached by Thomas Wilde then bailiff
and came not therefore in mercy.
lex. Richard atte Comb is at law against Cristina relict of John H - he gave his oath that he did not owe 29 shillings of remainder by
the pledge of John Wat.
Rem. Jury. Walter Taillour by his attorney sought of Stephen atte Fenne on a plea of trespass, left over by default of jury.
amerc. 2d.John Drapere in mercy because he did not appear against Henry Shephurd in a plea of trespass.
amerc.4d Dionis. Cokes by his attorney sought of John Snowe on a plea of trespass and he is attached by John Cade (and) the bailiff,
he came not and is in mercy and dis.
amerc. 4d. Richard Wrangworthy sought of John Baret on a plea of debt and is attached by Thomas Beare and Thomas Wilde and he came not
therefore in mercy and die.
amerc. 4d Richard Wrangworthy sought of John Baret on a loea of debt and he is attached Thomas Beare and the Bailiff, and he came not
and is in mercy and is dis.
Sum of the court three shillings and twopence.
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1 and 2 Hen. V Court Roll D.L.30 Bundle 57 No. 684 1413 WETHERYGG.Court of the Feodary of the Duchy of Lancaster held there on Thursday in the feast of St Peters
Chair (Feb.22) in the 1st year of the reign of Henry V
mis 1d Thomas Denys in mercy because he did not appear against William Rendy in a plea of trespass.
mia 11d. William atte Wode and the bailiff in mercy because they did not produce Richard Knyght on the complaint of John Hirward in a
plea of trespass. Let them be distrained.
mia 11d. William Elys and the bailiff in mercy because they did not produce John Westlake on the complaint of Thomas Sergey in a plea
of debt, and let them be etc.
mia 11d. John Hirward and the bailiff in mercy because they did not produce Thomas Taylour on the complaint of John Herrard in a plea
of trespass, let them be dis.
mia 11d. The bailiff in mercy because he did not distrain William Delt on the complaint of Gregire Faker (or Faber) in a plea of
trespass, let him be dis.
mia 11d. Thomas Oke and the bailiff in mercy because they did not produce John Goruyssh (?) and his wife on the complaint of John Molton
on a plea to debt, and let etc.
mia 11d. John Webber and the bailiff in mercy because they did not produce Henry Pyrcvyle (?) on the complaint of Walter Fiser (?) on
a plea of trespass, and let etc.
mia 11d. The bailiff in mercy because he did not attach John P - n the complaint of Richard Servoye on a plea of debt and let him be att.
mia 11d. The bailiff in mercy because he did not attach William - on the complaint of John Knyghty on a plea of debt, let him be attached.
mia 11d. The bailiff in mercy because he did not attach William Smale on the complaint of William Leye on a plea of debt, let him be attached.
mia 11d. Walter Fisher and the bailiff in mercy because they did not produce William Fisher on the complaint of David Glade on a plea
of debt, let them be distrained.
mia 11d. Elias Smale and the bailiff in mercy because they did not produce John Cli.e on the complaint of Gilbert Rendy on a plea of
debt, let them be distrained.
mia 11d. The bailiff in mercy because he did not attach John Juell on the complaint of Matthew Hokway on a plea of debt, let him be
distrained.
mia 1d. The bailiff in mercy because he did not attach John Mathee and Robert Webber on the complaint of Clar Diggell, on a plea of
trespass and let him be attached.
The bailiff in mercy because he did not distrain Alys Chambernon (1d), the Abbot of - hille (2d), the heir of William Bonevyle (2d),
Edward Courtenay, Earl of Devon (2d), Thomas Flemying (2d) Thomas Denys (2d), the heir of Nicholas Jeffard (1d) the tenant of Wetherygg
(1d), the heir of John Fry ? (1d)
mia 2s 6d Lord William Pallet (2d), the heir of Henry Hanlyn ? (2d) Prioress? de C - (2d), the Abbess of Canonlegh (2d), the Abbot of
Quarre (1d), the tenant of Henok (1d), the tenant of M - (1d), Thomas - (1d), John Ufflet (1d), Hugh Courtenay (2d)- the heir of John
P.aux (2d) to make their homage and fealty for at the lands and tenements which they hold of the lord, let them be distrained.
mia 1d.dis. William Pyk and the bailiff in mercy because they did not produce Thomas Webber on the complaint of Richard atte Wode on a
plea of detaining chattels let him be distrained.
mia 11d. dis. Thomas Lytescote and the bailiff in mercy because they did not produce William Smale on the complaint of William Winnecote
on a plea of trespass, let him be distrained.
mia 1d.att. The bailiff in mercy because he did not attach William Vyell on the complaint of John Leye on a plea of trespass, let him be
attached.
mia 11d.att. The bailiff in mercy because he did not attach Nicholas Denys on the plea of Elys Smale on a plea of trespass, let him be
attached.
mia 1d. att. The bailiff in mercy because he did not attach John R- on the plea of - Dabnon on a plea of trespass, let him be
attached.
mia11d. att. The bailiff in mercy because he did not attach Thomas Person? And John Frye (or Faye) on the complaint of Richard Culle
on a plea of trespass, let him be att.
mia 1d.att. The bailiff in mercy because he did not attach Richard Rendall on the complaint of William Wethye on a plea of trespass, let
him be attached.
mia 11d. The bailiff in mercy because he did not attach Richard Freme on the complaint of William Wethye on a plea of trespass, let him
be attached.
SUM V s VIIId.
1443-4 22 Hen.VI Court Roll D.L. 30 Bundle 687A.
Wetherygge - .Thursday before the feast of the Conversion of S. Paul in the XXII year of Henry, VI
William Colle sought of Robert Bakere, clerk, in a plea of trespass. Not attached, let him be attached.
John Salter sought of Robert Bakere, clerk, in a plea of trespass, Not attached, let him be attached.
Thomas Face sought of Richard Hanell in a plea of trespass etc.
VId Thomas Gorfen sought of Helena (?) Smyth (3d) and Henry Wolnyslegh (3d) in a plea of debt who did not come, and the bailiff did not
distrain them, therefore in mercy, let them be distrained.
IIId. The same Thomas Gorfen sought of John Schourtherygge in a plea of convent who did not come and the bailiff etc.
dis IIId. The same Thomas sought of William Ferde in a plea of convent and the bailiff etc.
mia IIId. dis. John Horn sought of Hugh Knyght in a plea of debt who did not come etc.
Esson. Thomas Andrews by his attorney sought of William Skenner and Thomas Bynton in a plea of trespass. This William Skenner truly
made essoin to the aforesaid Thomas Andrews and the aforesaid Thomas Bynton made a default and the bailiff etc.
llld.dis
mia.dis. Henry Crosse sought of Robert Gonston in a plea of debt, who did not come and the bailiff etc.
mia Vd. The bailiff in mercy because he did not distrain the prior of Fredelstoee (IIId) and William (IId) Stapylhyll to make their
homage to the lord for the lands and tenements which they held of the lord separately let them be distrained.
mia IIId. Thomas Gorfen sought of William Botrigan, clerk, in a plea of debt, who did not come etc.
mia IId. dis. Henry Denys executing the will of Matilda Yeanisdon sought of Roger Hayward in a plea of debt, who did not come etc.
mia IIId.dis William Glamvyle sought of Simon Grene in a plea of trespass who did not etc.
mia VId. dis. Thomas Gorfen sought of Walter Tygge (IIId) and William Botrigan (IIId) clerk, in a plea of taking and detaining chattels,
who did not come etc.
mia IXd. dis. John Glainvyle, sen, sought of John Dunneworthy in three pleas separately who did not come etc.
mia IIId. dis. Thomas Gorfen sought of John Granetor in a plea of debt, who did not come etc.
Jug. Judgement remains between John Uggeworthy, complain and Henry Bron, defendant, because of default of panel.
Jug. Judgement remains between John Glainvyle, complainant and Henry Bron, defendant, because of default of a panel.
mis IIId. dis Walter Evans sought of Henry Northcote in a plea of covenant, who did not come etc.
mia VId. dis. John Lyttecote sought of John Pyre and Joanna his wife in a plea of covenant, who did not come etc.
mia IIId.dis. Ralph Faryndod sought of Thomas Syphurd in a plea of trespass, who did not come etc.
mia IIId. John Kayleway sought of John Clerk, als. Whyte in a plea of taking and detaining animals belonging to Stephen Estbroke, who
did not come etc.
mia IId. John Frynchman of Pounds in mercy in a plea of covenant with John Alyn in a plea of debt.
mia IIId. Thomas Schourterygge sought of Margery the widow of Henry Helys in a plea of debt by the surety of William Cadde who did
not come etc. William Skenner against Thomas Andrews sought in a plea etc (see above)
CONTINUATION of the Court of the Conversion of St Paul.
mia IIId. John Schortherygge sought of Margery, widow of Henry Helys in a plea of debt, who did not come and is attached by surety of
William Cadde, she has no - therefore in mercy, let her be attached.
mia IIId. William Whytefylde sought of Henry P -(FOLD IN ORIGINAL) in a plea of taking and detaining animals who did not come etc.
mia IIId. Nicholas Smale by his attorney sought of Henry Crosse in a plea of who did not come etc, -.is distrained Elias Smyth to
XXVI s. Viii d of Robert Germyn.
mia IIIId Robert Douning is in mercy because he did not appear against John Bier and Walter Hatherlegh in a plea of taking and
detaining animals.
dis John Smyth sought of Philip Stephyns in a plea of debt, who did not come etc.
SUM OF THE COURT VII s Id.
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1448-9 27 Hen.VI. D.L.30 Bundle 57. No.688.
WYTHERYGGE Turn of law held there XI day of March of the year above named.
fine XId. The tithing-man and his tithing came there and presented to our lord the King of a certain fine of ancient grant as appears in
the heading. Kyppecote fine VId The free tenant came there and presented to the lord of a certain fine of ancient grant as appears in
the heading (margin)
dis. The twelve jurors for the king came and said that John Mathew of Holdesworthy in the county of Devon Butcher on the Monday next
before the feast the Beheading of F. John Baptist in the Twenty (Aug.1448) sixth year of King Henry VI broke and entered the close of
John Hayward at Manworthymyll within the fee of the Duchy of Lancaster, and there took two sheep worth five shillings and goods and
chattels of Thomas Kokworthy and led them away against the peace of our lord the king, let them be distrained at the jurisdiction of the
lord our king.
dis. Item. They say that the same John on the Sunday next before the feast of the Conception of the Blessed Mary of the aforesaid year
broke and entered the close of Walter Yeo at Trewen and there took one sheep worth fourteen pence of the goods and chattels of John
hay and led it away against the peace of our lord the king, let him be distrained at the jurisdiction of our lord the king for the
aforesaid trespass.(Dec.1448)
SUM OF THE TURN ITEM OF FINES XIIId.
Sum of VI turns held there this year 5s 6d
Item of fines there this year 16d
Item of Redditus censuarius this year 8d
Items of trespass of more than one
year this year one sheep worth. 8d
The last four items appear to be carried down from earlier turns on the same leaf.
Note:- (From L.G.C.) Redd. Cens. An early form of money payment on land in lieu of service - mentioned in Domesday - what the service
was - according to Hoskings - is not known. It persists in Cruys Morchard roll as late as 1500.
1454-1534 Hen.VI. D.L. 30 Bundle 57, No: 692 (Copied hurriedly in the P.R.O. No Photostat made)
WYTHERYGGE Turn of the Feodary of the Duchy of Lancaster held there on the tenth day after the feast of Saint Gregory in the year above
named (Mar. 1455-6)
dis.mia IIId. The bailiff in mercy because he did not distrain William Oliver on the complaint of John Mathers in a plea of debt, let
him be distrained.
mia IIId. John James in mercy because he did not (produce?) John Baker in a plea of debt.
Att. att. Richard Rydon on the petition of John Poleyn in a plea of debt. Let him be attached.
dis.mia.IIId. Bailiff in mercy because he did not distrain John Baulyn at the petition of Thomas Caunder ? on a plea of debt.
mia IIId. Walter Poleyn in mercy because he did not produce John Stapeldon in a plea of debt.
Rem.tent. The suit between William Knyght, plaintiff and John Osborn, defendant, so remains.
mia IIId. John Poleyn in mercy because he did not-.Richard Rydon in a plea of debt.
mia IIId. John Stapledon in mercy because he did not-.Walter Poleyn in a plea of debt.
att.mia.IIId. Bailiff in mercy because he did not attach Robert Botter on the complaint of Robert Daly in a plea of debt, let him be
attached.
dis.mia.IIId. Bailiff in mercy because he did not distrain Robert Denys on the complaint of Thomas Howe in a plea of debt, let him be
distrained.
att. Et att. Thomas Pyell on the complaint of John Stowford on the complaint of John Stowford in a plea of debt. Let him be attached.
att.mia.IIId. Bailiff in mercy because he did not attach John Boke on the complaint of William Smyth in a plea of debt. Let him be attached
att.mia.IIId. Bailiff in mercy because he did not attach John Boge on the complaint of John Judd in a plea of trespass. Let him be attached.
att. Et. Att. Hugh Glanvyle on the complaint of John Brend in a plea of debt, Let him be attached.
Sum. Et.Sumd. William Baker on the complaint of John Bocher in a plea of debt.(and vice versa) (et sum)
att. et att. William Plerks ? on the complaint of John Holand in a plea of trespass. Let him be attached.
SUM 2s 6d
--------------
1456 35 Hen.VI. D.L. Bundle 57 No. 693 (No Photostat)
Under the heading of Holsworthy.
WITHERIDGE. The turn of the Feodary of the Duchy of Lancaster held there on the eight day of October of the year above named. VId. The
tithing man came to the court and presented to this day etc. VId. and presented all things well
----------------
1555 2 and 3 Philip and Mary. D.L.30 Bundle 57. No. 696.
WUTHERYGGE Turn of our Lord the king and our lady the Queen of their duchy of Lancaster held there the XV day of October of the year
above named.
Wutherigge. The tithing man came there and presented all things well.
Aux.VId.
Borough of Wytherygge. The bailiff came there and presented that William (3d) Crosse assaulted Stephen Diene and that Walter (VId) Symons
sold wine and that Thomas (3d) Grenyslade sold cider and they are in mercy.
mia XIId.
Kyppynscott The free tenants came there and presented that one white ewe came upon the land of William Gosse upon feast of the Finding
of the Holy Cross last past.
Aux.VId.
Uppecote.XII
for our lord the King and our Lady the Queen.
The free tenants came there and presented all things well.
John Mayer
John Ware
John Moggerygge
Andrew Gybbyns
Thomas Jurdyn
Walter Symons
William Gosse.
Stephen Durner
Richard Downey
John Vicary
John Lerton
James Toker
William Toker
John Hoyge
John Hoper Jur.
dis. Who came and asserted that all and singular presented above are true and that Thomas Dyre of Tyverton in the county of Devon, weber,
on the fourth day of January in the first and second year of the reign of the aforesaid king and queen (Jan 1554-5) at Wetherygge came
and also arrested a certain William Lerton by a certain writ called a Capias against the liberty and to the damage of the King and Queen.
SUM OF THIS TURN 2s
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1561 3 and 4 Elizabeth D.L.30 Bundle 57. No. 699
WYTHERIDGE. Turn of our lady the Queen of her duchy of Lancaster in the county of Devon held there on Saturday the seventeenth day of
October of the above named year. WYTHERIDGE. The tithing man came there with his tithing and presented that Robert Cobley formerly of
Borington in the county of Devon arrested John Nott within the liberty against the liberty of the aforesaid duchy. Let him be distrained.
Auxil. there VId.
Kyppynscote. The free tenants came there and presented all things well to this day. Aux. there VId.
Borough of Wytheridge
The bailiff came there and presented that Ralph (2d) Hernaman, Richard (2d) Forde, Thomas (2d) Downehaye tapped cider by false measure.
They are in mercy. FINE VId.
XII for our lady the Queen.
Richard Walles
Robert Vicary
John Northcote
John Meare
Richard Gosse
John Moggerydge JUR
Andrew Gybbons
James Wylley
Thomas Greneslade
John Hole
William Crosse
sen. William Ley
Henry Cockram
Philip Bremlcomb
William Hoydge
Who came and swore all things presented above to be true and presented nothing further.
Sum of this Turn XVIIId.
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1602-3 44 and 45 Eliz. and 8 Jas. D.L.30 57, No. 700
WETHERIDGE Turn of our lady the Queen of her duchy of Lancaster held there the tenth day of October of the above-named year.
Wetheridge The tithing man came there viz. John Cockram and presented all things well. Auxil. VId.
Kippinscott. The free tenants came there and presented all things well. Redditue IIIs. IIIId.
Upcott. The free tenants came there and presented all things well.
Auxil. VId.
Bailiff of the borough. Viz. Henry Ford came and presented all things well. Auxil. Nil.
XII for our lady the Queen.
John Gibbons
William Garnesey
William Meare
William Gayne
John Vicarye
Peter Tucker
Mathew Grendon
George Stephens JUR.
John Frost
John Thomas
Thomas Rule
Philip Nott
Thomas Gater
Who came and upon their oath presented all things well.
Sum of this turn IIIIs IIIId.
-----------------
1632 8 Chas. 1. D.L.30 Bundle 57. No.702. (No Photostat taken)
Witheridge Turn of our lord the king of his duchy of Lancaster held there on the seventeenth day of October of the above-named year.
Kippinscott The free tenants came there and presented all things well to this day.
Auxil.IIId. Reddit.IIIs IIIId.
Upcott do Auxil. VId.
Witherudge. do. Auxil. VId.
Witheridge. The bailiff of the borough came there and presented all things well to this day. Auxil.nil
Lee. The free tenants etc. Auxil.nil
XVIII for our lord the King
Peter Gibbins
William Hodge
Henry Cockram
Richard Nott
Hugh Upcott
Walter Moore
John Hodge
William Cawasty (Garnsey?)
Francis Thomas
George Stempson
Robert Norton
Hugh Stephyns
Thomas Bullead
Robert Cator
John Greenslade
Thomas Thrusher
William Tuke
who speak upon oath and present all things well.
Sum of this turn 4s 4d.
(A visit to the P.R.O is necessary to put right the addition as to correct possible errors in the jurors names)
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