Papers in case of Richard More, esq. plt. Edward Lord Herbert deft.

List of documents: 9 Jas. 16 Jas. 17 Jas., 18 Jas., 5 Chas. I., 6 Chas. 1., 11 Chas. I:- Court Rollss of the Manor of Shelve in which are presentments of incroaching on the commons, surchargeing commons etc.

9 Henry V Ann account of Tho. Walton, Reeve of the Manor of Shelve of his receipts for a year and herein he accounts for the perquisites of 3 courts held here that year.

16 Eliz. A Court of Survey.

41 Eliz. Another Court of Survey.

Several leases wherein the Manor of Shelve is mentioned. (pinned to main case papers)

In Trover

Hereff., The plt. declared that 1st May 30 Chas. II (1678) at the City of Hereford he was possessed of 2 cartloads of lead ore, and of 2 cartloads of other lead ore and of 1,000 lbs. weight of lead to the value of £4 as of his own goods, and being so possessed afterwards that day lost the same which goods afterwards on 10th May same year at Hereford came to the defts. possession who converted them to his own use. Damage £100. Issue not guilty.

Note his issue is joined by consent and it was this occasioned the plt. being seised in fee of the Manor of Shelve, having been many years in quiet possession thereof, and of all the waste grounds thereto belonging and there being appearances of ancient lead-mines in the wastes and other places in the Manor he was desirous to make an essay for the finding of more lead there. And after a long and expensive search, at last a lead mine was discovered on the waste in which 3 or 4 tons of good lead ore was gotten in a short time and a great probability there was of its proving a rich mine. The deft. being a peer of the roalm & taking advantage of his privileges did in (blank) ......last (it being then parliament time) cause his servants to enter upon the said mine (when the plt's workmen were not there) and to seise the lead which the plt's workmen had gotten & to take the same away. And has ever since continued the possession by force & gets lead there which he disposes of at his pleasure. And the dread of the deft's privileges as a peer caused the Justices of Peace to refuse to remove the force & restore the plt's possession. But the deft. has consented to wave his privileges and to try his title in an indifferent County by a transitory action, so that his action is intended for the trial of the plt's title to the Manor of Shelve & the wastes thereof. And it is intended that the deft's possession of the lead ore, the demand & conviction & whatever else is necessary to bring the title into question shall be admitted by the deft. But if they should not admit it then to provethe defts servants seised the said ore, took it away & the daft justifyes then in doing it by his order.)

Plt's title: Sir Henry Lingen knt being seised of the Manor of Shelve by lease & release of 13 Jan 1652 in consideration of £1,000 and of the conveying of divers lands in Bodenham in Herefs. by Samuell More esq the plts father & he now plt., to Sir Hen: Lingen, grants to Samuell More & the plts & his heirs the Manor of Shelve with appurtenances & the advowson of the Church with all woods, wastes, heaths, moors, etc.

Easter term 1653. A fine levied from Sir H: Lingen to the plt & his father. vide the conveyances proved by Sir Job Charlton.

And the plts father and the plt have been in possession ever since the purchase.

Deft's title:- We suppose the deft. will pretend that Shelve is within and part of the Lordship or Manor of Cherbury, of which he is owner. And that Cherbury is a Lordship Marcher which with several other Lordships, Marchers was by a Statute in 27 Henry VIII united to the County of Salop. And that Manor was in 7 Edward VI granted to the Earl of Pembroke the Lord Herberts' ancestor in fee that it is known as well by the name of the Manor as the Hundred of Cherbury, that Courts have been usually kept there, that the Manor of Shelve and all other Manors within the Hundred of Cherbury; that the Plt & his tenants owe suit to the Court of Cherbury, and he plt pays the deft. 2/- p.s. chief rent; that the waste wherever the lead ore in question was gotten is part of the waste of the Hundred or Manor of Cherbury, and so the deft. is intitled to the care: that the deft & his ancestors gave seised estrays within the Manors he pretends to be within the said hundred, that in the Court of the said Hundred offences and incroachments on the waste within the said hundred have been presented & amerced.)

Put the deft to prove any probability of the Manor of Cherbury & the hundred of Cherbury to be all one & of the same extent before the grant of the hundred of Cherbury to the Earl of Pembroke in 7 Ed VI.

To which the plt says:-

(1) That the Manor of Cherbury & the hundred of Cherbury are distinct things. That there are within the hundred of Cherbury divers Manors which have great waste within them & are independent of the Manor of Cherbury and keep Courts Baron: that the Manor of Cherbury is only a Manor within the hundred of cherbury as other Manors are, that it being within the hundred of Cherbury the dft & his ancestors have usually kept the Court for the hundred here.

2. That in the grant from the Crown 7 Ed VI there is only totum hundredu' nostrum de Cherbury granted & there are several Manors granted by particular names, but not the Manor of Cherbury.

Vide letters patent.

3. The inhabitants and residants in the hundred of Cherbury do owe suit to the leet or turne here. And may possibly commence account in the hundred court as is usual for persons to do in other hundred courts that inhabit within such other hundreds, but as to the Manor of Shelve we say that it is an ancient Manor and formerly was the inheritance of the Corbetts and probably a Lordship of some considerable remark and not like to be parcel of the Manor of Cherbury for 45 Henry III The king grants to Thomas Corbett and his heirs a market weekly and a fair yearly in the Manor of Shelve.

Vide copy of the record proved by Mr. Price 15 Ed II. By Inquisition post mortem of peter Corbett it is found that P.C. and Beatrice his wife jointly held inter alia. The Manor of Shelve with other Manors therein mentioned were held by baroniam, i.e. by the service of 5 knights fees.

Vide the copy of the inquisitions proved by Richd. Price, Gent..

Mich. 41 Ed. III A fine levied by Roger Corbett to Robert Harley of the Manor of Shelve inter alia.

Vide copy of the fine proved by Mr. Price.

Note this Manor of Shelve came from Corbett to Mouthey, and from Mouthey to Burgh.

11 Ed IV. By inquisition post mortem of John Burgh, knt., it is found that John B. died seised inter alias of the Manor of Shelve and that it was held of the king in capite for knight service and the Manor of Shelve was worth 18/- p.s. and no more because it was adjoining to the Marches of Wales and was almost wasted and lying in decay by the spoil of thieves and other malefactors in the Marches. That John Burgh had 4 daughters and heirs whereof Isabell the wife of John Lingen knt., was one.

de Inquisitions proved by Mr. Price.

Note by this inquisition it appears that the Manor of Shelve only adjoined the Marches of Wales and so probably was not part of the deft's. Lordship Marcher as he pretends.

22 Henry VIII. By inquisition post mortem of John Lingen knt., it is found that he died seised inter alia of the Manor of Shelve worth 36/- p.a. and that it is held of the king as parcel of his County of March as of the Castle of Montgomery by the rent of 2/- p.a. for all services.

Vide copy of Inquisition proved by Mr. Price.

13th January, 1652/3 of Sir Henry Lingen the descendant of this Sir John the plt. purchased in 1652 as aforesaid.

By all which we conceive it is evident that Shelve is and anciently was a Manor and held of the king by a particular tenure and is not anywhere mentioned to be parcel of the Manor of Cherbury. [But further to prove that Shelve is an ancient Manor and that the waste ground where the lead ore in question was gotten is parcel of the waste of the Manor of Shelve. That the Lords of Shelve have of late and anciently kept Courts in Shelve for the said Manor.]

Court Rolls. 5th May, 16 Eliz: A court held here wherein the precincts, limits, metes and bounds of the Manor demesne lands held by Indre and at will, by copy of court roll, the waste grounds there, fines, customs etc are by the homage presented.

See the Court Roll. And therein the bounds of the Manor are presented. And that the boundaries enclose the whole Manor and particularly the common in question.

It is also presented at that Court that there is a common on the west side of Shelve belonging to Shelve called Heathy Hill and White Gritt containing 300 acres, for all cominable cattle lying and adjoining to the lands of Mr. Prince northward, Hopes Common and Middletons Commons westwards, and the Commons of Mucklewick eastwards.

Note: The White Gritt is the place where the lead ore in question was got and that is is bounded as above is proved by (blank).

It is also presented that one Tho: Ward and Tho: Underwood enclosed 3 acres out of the common on the east side the town. And that Rice Lloyd and Francis Bennett had inclosed 3 acres out of this Manor. (Note in margin: these are kept inclosed to this day and answer a rent to the Lords of Shelve).

5th June, 41 Eliz: At a Court Baron and Court Survey of Jane Shelley, widow, Lady of the Manor of Shelve then held, it is presented inter alia that a common on the west side of Shelve called Heathy Hill and white Gritt of 300 acres belongs to Shelve.

Note: This Jane Shelley was a daughter of one of the Lingens who had an estate for life in the Manor of Shelve. (line through "had an estate for life in"- del?

See Inquisitions post mortem proved by Mr. Siddall.

1 July Charles I A Court Baron of Edward Lingeyne, Esq, then held for the Manor of Shelve, but nothing of the waste presented.

There bing some difference between the inhabitants of Mucklewicke within the Hundred of Cherbury & Samuell More Esq the plts father about the bounds & meres that were between the common of Shelve & the township of Mucklewick & it being a usual thing to refer the determination of the same to the Jury of the said Hundred Court of Cherbury- the bounds of the sd common are by the Jury of sd Hundred Court 6 April 1657 ascertained. And the White Gritt is herein mentioned to be within the Township and Manor of Shelve.

Vide the Court Roll under the hand of Mr. Crump Deputy Steward to Mr John Charlton, and the hands of the whole Jury.

Quer' whether it will be best to produce this or not. That the plt and his father since the purchase of the Manor of Shelve have frequently kept Courts there - vide Court Rolls in plt's time proved by Mr. Price.

And though ther rolls were lost that were made of the Courts kept by theplt's father yet that such Courts were kept will be proved by Mr Kings who kept them.

Edtreyes: That the plt and his father have usually had estreyes that have been seised and taken within the Manor of Shelve.

Inclosures: That several parts of the waste ground of Shelve have been inclosed some anciently some about 20 years ago in the plt's father's time, that the same have been enjoyed and the plt's father built a house on part of the waste and enclosed at least 2 acres of the waste which he let to several persons at a rent which has been constantly paid and the plt now lets it at 20 marks p.a. That the incroachments that were presented at the Court held 5th May 41 Eliz: are continued to this day and the plt has rent of the tenements hereof the inclosure of the White Gritt being now held by the widow ward and her son by lease from Sir Henry Lingen.

That several other parcels in possession of Howell Waters, Benjamin Ward, John Mountford, and Tho: Longslow have been all inclosed out of the wastes and rent paid to the plt for them.

That the plt's father made a large pond on some of the common in question which he stored with fish and the plt has constantly enjoyed it ever since which is about 20 years and has finished it and disposed of the fish at pleasure and repaired the dams without any claim or disturbance of the deft. of any other person.

The the plt's tenants and inhabitants in Shelve by the plt's license have constantly gotten furze, heath and turfs of the commons without disturbance.

That the deft has never made say claim of any interest in Shelve only that 2/- p.a. which the plt pays as Castle guard being held of the king as of his Castle of Montgomery; and the deft and his ancestors have been long possessed of that Castle.

That in king Charles I's time there was a cow taken by one Richard Tompson who was beylif to the deft's grandfather of one John Ward of Shelve upon some amerciament in the Court of Cherbury, for breaking up some commons in Shelve whereupon the said Ward by the order of Sir Henry Lingen his landlord brought an action of trover against Tompson but the said Tompson refused to justify the taking of the cow and suffered judgment by default and paid for costs and damages £20. Vide copy of the record

To prove that the cow was taken on the act aforesaid and the action brought accordingly.

It will be objected that the Plt's tenants appear at Cherbury Court.

Answer: If it be a Court Leet they are bound as resiants to appear; if it be a Court Baron they ought not to appear holding no land of the Manor; if it be the Court of the Hundred only, possibly they may appear there for bringing action or answering action etc. they being within the hundred. But the plt was never summoned nor ever did appear at the Court and the appearance of his tenants ought not to prejudice him. That there are several other Manors within the hundred of Cherbury viz., Worthen Hope, Aston Rogers and others wherein there are great wastes that are inclosed and enjoyed. And that some of them have been contested by the deft's ancestors who have been cast in the suits they have presented about them; so that the deft has not all the wastes within the hundred.

2nd obj. That the deft has sometimes taken estreyes within Shelve. Answer: If it were so, it was privately done and he never drove the common nor did it in any public manner, but one of the plt's servants having taken an estrey, one of the deft's servants took it away from him, and when the plt intended to have brought an action for it, his servant died that was his only witness.

3rd obj. It will be objected that the deft caused a kettle of one of the plt's tenants to be distrained, upon pretence of some amercement. Answer: there was a kettle taken but upon what account was not known and when the person, whose kettle it was, endeavoured to repleyy the same, he could not discover where it was, and when he intended to bring an action against the person that took it, the said person ran away, and afterwards died.

On dorse:

To prove the taking away the lead ore: Tho: Kidwallader and David Howells, and entering in the night by Mr. Read - Brown Morgan two Edw: Davy's, Edw: Hamerston and Rob Mason and Sam: Chilton with guns pistols etc. the lead carried with my Ld' team - the same.

To prove the plt's possession - All the witnesses.

To prove other Manors in the hundred of Cherbury - Mr.Draper and Richard Motherton.

To prove all the Court Rolls - Mr. Cox.

To prove inclosures of common some 20 years age and 20 marks p.a. at least 100 acres, same ancient rent paid - Jo Sankey, William Ward, Andrew Corbett, Thomas Ward, senr. and junr., Edward Ward - the 3 uppermost, no tents: And a pond made by Mr. More - Benjamin Ward, no tent: Thomas Morris, David Howells. Inclosures in possession; Howell Waters, Benjamin Ward, John Mountford and Thomas Longslow, and a parcel of Benreeth by Longslow. Frank Ward, Thomas Longslow, Thomas Ward, senr. and junr. and William Ward of Ludlow. To prove breaking up the common by the consent of Mr. More and that he had 57 sheafe? That one part of it tilled 50 years, Andrew Corbett, William Ward of Rorington, Thomas Ward, senr., no tent: Mr. Draper.

To prove inclosing in Hope and plowing of the commons and that it is a Ldp. - Worthin and Aston Rogers. See Court rolls. (William Ward and Andrew Corbett no tents:)

Mr. Draper, Richard Wotherton, William Downes - have been High constables; inclosures in Hope and drove common in Worthin - Arthur ?kcrett.

To prove that after taking the kettle the plt. sent Andrew Corbett to one Peiree to demand the kettle and to threaten to sue him and he ran away and shortly after died. - Andrew Corbett.

Estreys taken by Mr. More and if any were taken by Ld. Herbert it was by stealth - Jo.Sankey, Frank Ward, Thomas Ward, senr Richard Morston - estreys in Lingen's time.

Proves the cow taken for amercement by Thompson and action brought by Sir H. Lingen - Thomas Ward and William Ward of Ludlow, Francis Ward.

Courts kept by Sir H. Lingen and Mr. Moore - Francis Ward.

The boundaries.

The deft or his ancestors claimed not till King Charles' time from E VI.

9 H V An seet. of the fees and perquisites of Courts.

Court Rolls in Henry, Elizabeth, James and Charles.

Endeavour to steel into a title, and in May last my Ld's Agents endeavoured to present Richard Shor a miner for digging the waste within - Edward Ward one of the jury.

See copy.

1 Oct., 1649. Sir H.Lingen demises a messuage in Shelve and reserved suit of Court at all Courts to be held in the Manor of Shelve.

Evidence for the deft.

Baldwin - Agreement the convercion of lead to £5 gotten in Whitegret in the township of Shelve.

In Domesday book Cherbury is called the Manor and hundred and Lingens owe suit. Estreys presented at the Court of Cherbury. Lingens and Mores appeared as freeholders at Cherbury - presentments for breaking the soil for incroachments and inclosures - in 2 Eliz. a presentment of inclosing 4 acres at Whitgritt. They apply to Court of Cherbury for bylaws for regulating commons. Action for trespas in the hundred Court which was committed at Shelve. A chief rent for the owners of Shelve.

Badges of ownership by living witnesses.

Leehmer. Agreed common of pesture for inhabitants of Shelve presented wastes inclosed in Shelve.

Wms. The hundred or Lp is a Lp. Marcher and was annexed to Salop as a Lp. Mercher by Statute 27 Henry VIII and was no part of the County of Salop.

Burton. The freeholders have sworn fealty in that Court.

My Lord waves privilege. 7 Ed VI a grant from the king. Domesdey Cirebury e in Shropshre.

Cherbury Magnum Hundredum tent' in the Lp of Montgomery 4 R 2; Shelve; Magnum Hundredum 17th Oct., 17 Henry VIII Worthyn - Cherbury.

4 R 2 Hundredum de Cherbury, Henry de winesbury did fealty 2nd May, 9 R 2. Magnum Hundredum - Shelve present that Jo. Mouth' ought to appear at hundred.

Priue purchase . 1 Maric Magnum Cur' and view of frank-pledge of E. Ld. Herbert of the Manor or hundred.

19th October, 31 Henry VIII Cherbury Hundred, ordered by great quest' that none opprest the common within the hundred. 9 Nov. 22 R. VIII The great hundred held, the Township of Shelve present an Estray and an incroachments on the commons.

Cherbury. Magnum Hundredum 4th march, 19 R 2 an incroachment of common in Acton where the E. of March used to hunt. 4th April, 36 Ei. Hundred and Manor of Richard Herbert Esq., Agreed by the jury for the benefit of the inhabitants of the hundred that none of the inhabitants of that hundred shall ley more cattle than his tenement will bear on payment of 2/-, ½ for the lord of the soil and the other for the inhabitants.

3rd October, 43 EI. Estreats of the Court Lest, Court Baron of Margaret, Herbert widow. Shelve presentment of Ward, Bennett and others because they had inclosed part of the common in Mucklewick.

15th October, 32 EI. Court Leet and Court Baron of Herbert, esq., Shelve villsti there by Clerk and Lloyd present Roger Clerk, Howells and others for default of Court and present Howell Constable and that he inclosed waste lands.

22nd October, 15 EI. Great Court, view of Frankpledge and turne of the sheriff. 2 jurors present for default Court and that Jo. Underwood made rescue of a mars taken from the bailiff and for appressing common.

20th October, 44 EI. Hundred great Court and Court Baron of Magdalen Herbert widow, the township present for default of Court and an estrey and for default of goods and action because they refused to present inclosures in the township and for burning and betting thereof.

25th October 4 James. Great Court and Court Baron, Shelve villsti present officers and common pound, presentment of Bennet for inclosing 2 acres of the common.

18th April, 1611 9 James. The great court etc. Shelve township by two jurors present the inhabitants for inclosing 4 acres at Whitegrit, and another parcel at Shelve Mill.

Lewis Waters for inclosing waste.

Extracts 16th October 12 James, Estracts of the court, Lewis Waters for inclosing.

15 James 21st October, Extracts, of Frank Bennet and others for watering hemp and for inclosing common 1/-.

21st April 5 Charles Estracts, Ed.Ld.Merbert. Shelve presentment.

21st April 7 Charles Estracts, of Hugh Ward for inclosing.

24th October 7 Charles Estracts, Jo. Ward for inclosing part of waste.

15th October 9 Charles Estracts, Shelve of Hugh Ward senr. and junr. 6/- for inclosing part of common remitted on petition to Lord Herbert.

30th April 11 Charles, Estracts, of word senr. and junr for ploughing and sowing outs and remitted on petition; and Jo Ward for inclosing 40 acres, £2 and a receipt on it; of another for 12 acres 12/- and receipt. Hugh Ward 10/- 12/- receipt. 8/- Account of trespass - Shelve Infra jud. 12 James. Inquisition post mortem of Edward Herbert, esq., the Lordship of Cherbury, Court Leet, Court Baron & c within the hundred.

Chilton: Shelve reputed part of the Lp. and Manor of Cherbury, been bailiff, and taken estreats, Had 12d of one Bennet in Shelve for a cottage. Edward Lewis present that he never knew presentments of common in Shelve owner of Shelve pays 2/- a year to the Lord of Cherbury, and tenants of Shelve appear at Court Baron: the 30 townships appear at Court Barons.

James Taylor, known Shelve 27 years, he never knew soil broke but he destrayned at the hall for a concealment.

Oliver Price part of the waste inclosed 30 years ago and thrown open again when it would bear no more. One Bennett had a Cottage by the brook 12d, all the hundred ?s...., none at hundred court but jury.

Docketed: More Ar. versus Lord Herbert Brevt. pro quer' Burton No. 13.

Breviatte.

Memo to write to my mother to write to Uncle Ballett.