| Description | The volume has been repaired.
*indicates deponents who signed their names; other authentications are by initials or a mark. Arabic numerals begin to take over from Roman. Folios 9r, 70r, 104r-106r, 125v are blank.
ff2-45r. 23 Apr 1616. Mr Giles Mompesson v John Thomson; tithe hay Fisherton Delamere. Evidence of witnesses of Fisherton Delamere.
Phillip Foster*, husbandman, 45; has lived there from childhood. Mr Thomas Crockford came to be vicar about Allhallowstide 2 years since. Excepting the challenge made by Mr Mompesson, he has possessed hay tithe by composition with Philip and Thompson and the better part of the parish on their lands, including the hay now in question. Thompson bought that hay from Mr Crockford the first year. William Ayles set out the tithe hay with boughs. He heard his father, who was 74 when he died, about 8 years past, say that all the tithes arising from Fisherton Marsh were due to the vicar.
About 60 years past But mead or Butclose was enclosed out of the common called Fisherton Marsh on which the common herd sometimes feed & departure before the enclosures. About 20 years past Fisherton Marsh was enclosed by common consent and every parishioner had his share according to his living. Since then the vicars have received tithe hay from the enclosed grounds without contradiction until the claim made by Mr Mompesson. All these enclosed grounds are ‘below the streates’ of Fisherton. He witnessed the last hay harvest. John Thompson set out the tithe hay on Butclose before the other nine parts were carried away. The value of all the hay grown in that close was worth 30s a year.
John Benet has leased for ten years from Mr Mompesson the tithes due to the parson of Fisherton and for 2-3 years has received the tithes except those of Mr Top. Before the enclosure no hay was cut, and it was only for feeding, and the vicars just had tithe for all cattle fed there , as cow white, calf, wool, lamb, pig & goose horses and ducks also in Ailes’ deposition).
About 3 years past, having set out a tithe pook in an enclosure of his in Fisherton Marsh he saw the wife of Mr Doughtie, previous vicar, and John Ayles alias Hix, on behalf of Mr Mompesson, strive for the pook, but Mrs Doughtie carried it away.
Since Midsummer last Mr Mompesson has sued several parishioners who occupied closes taken out of the marsh, including Joan Foster, widow and James Rebbeck [Rebuke].
The vicar also has tithe hay on ancient enclosures below the streets, that have not been common within the memory of man.
William Ailes, husbandman, 70; has lived there from childhood. Last harvest he and Philip Foster at the request of Thompson tithed the hay in But close, making 3 or 4 small pooks marking them with boughs which Thompson then took away. he holds an inclosure taken out of Fisherton Marsh and these last two years has mowed it and Mr Crockford has had the tithe.
Pill mead is not part of Fisherton Marsh.
After morning service during last hay harvest Francis Waterman, mr Mompesson’s servant, gave warning that tithe hay on enclosures taken out of Fisherton Marsh should not be given to Mr Crockford without notice to him or John Benet, Mr Mompesson’s farmer of the rectory, but he and Philip Foster ignored this. Since the ‘forbidding’ [challenge], John Bennet has been living in a house a stones throw away from the church and Francis Waterman lives about two miles from the church [at Langford in Hoskins deposition]. He believes that if a warning had been authorised he would have quickly come up.
The tithe custom is that when corn is ready and the parishioners do not meet the parson in the field then they leave word at his house and then set out the tithe taking two neighbours to testify the indifference [impartiality] thereof. The same for tithe hay for the parson and the vicar.
The vicar has tithe hay below the streets of Fisherton and Bapton. The parson and vicar share tithe hay in the common mead of Fisherton, Pill Mead, Bapton Town mead and Ban mead
John Person, husbandman, 50; has lived there from childhood; has known Thompson for 20 years and Mompesson for 12. At the time of the enclosure of Fisherton Marsh, Robert Snelgar, lay parson and Phillip Williams agreed about the time hay.
John Thompson holds Butts close.
The parsons and their farmers have tithe hay on the following closes: Culverclose, held by Henry Hoskins, Merrywether, held by Henry Ingram, Whetlockes, held by Joan Snelgar, close of widow Hickes by North West Moors, two other closes held by her and one close held by widow Snelgar. Also in the common meads; Pillmead and Ban mead.
William Pashion, husbandman, 55; has lived there from infancy. He lives near Butt close and witnessed the tithing of the hay. When Fisherton Marsh was enclosed his father received 4 acres. One Batt was then farmer of the parsonage tithes, and the steward of the manor told Batt that the vicar was entitled to the hay on the enclosed lands.
About 5-6 years past his brother Henry Pashion rented Butt close and paid tithe to Mr Doughtie, vicar.
The enclosures below the streets on which tithe hay belongs to the vicar are distinguished from those enclosures with tithe due to the parson by ‘ancient known mere’.
John Hoskins, husbandman, 74; has lived there from infancy, and at Bapton for 60 years. For many years his father John Hoskins was farmer of the vicarage tithes.
The parson is due tithe hay on Thomas Mores’ close widow Hickes two closes.
ff45r-46r. Office v John Turner of Barford St Martin; case unclear. Evidence of;
Freeman Walker, Barford St Martin, yeoman, 50; has lived there from birth except for 3 years. He heard Turner speak against the charges imposed by the officers of bishops court on Ralph Street, defendant in a defamation cause brought by John Rowdon of Barford. He said that if it was him ‘he would bring them all into the star chamber’.
ff46v-50r. 18 Jun 1616. John Benet v Jane Beale; defamation. Evidence of witnesses of Fisherton Delamere:
Alexander Morris, weaver, 30; has lived there since birth except for 3 years. on the Sunday after Low Sunday after Easter last, he was at Upton Lovell revel with Philip Mascoll. They were in the house of the parish clerk [John Valentyne] to drink, he heard Jane imply that Benet had committed adultery with her.
Phillip Mascoll, weaver, 24; has lived there from birth. Evidence as Morris. Was at the feast day ‘to see some sport’.
ff50r-55v, 90r-102r, 123v-132v. 20 Aug 1616. Francis Hussy v Mary Flower; matrimonial. Evidence of:
Mrs Mary Hussy*, Alvediston, widow, 46; has lived there for 25 years. A marriage was agreed between her and Mr John Flower, widower. He being sickly went to Bath to recover and they were to have married there, but he died and was buried in Potterne, where he dwelt. A year or so before the death there was love and liking between Mary Flower, daughter of Mr John Flower and Francis Hussy, her son. 3 or 4 days before Mr Flower died Francis went to Bath to the house of Thomas Ireland, where Mr Flower lay, and a marriage was agreed. Mr Flower granted Mary his farm in Worton.
Frances Sandford, spinster, 20; has lived there for 4 years. Mr Flower died about Allhallowstide two years before. Mrs Hussey, her son Francis, Mary Flower and her brother and sister lived in the farm house in Worton for 12 months. Mary Hussey and Mary Flower lay together in one bed and Francis in another in the same room. Before she went to bed Mary Flower would sit on Francis’ bed and ‘kisse him and match him’. They regard themselves to be husband and wife. Frances was servant to Mrs Hussy.
Joan Mynty, 70, wife of John Mynty, Worton in Potterne; has lived there for 40 years. Midsummer last two years, in the lifetime of Mr Flower, she was sent to Mrs Hussy’s house in Alvediston at the ‘sheepesheere’.
Robert Hayne, Donhead St Mary, tailor, 30; has lived there from birth. About two years past he was asked by Thomas Burden, with whom he then worked,Thomas Neale and a little boy, to go to Worton to help make wedding apparel for Francis and Mary. He worked for 6-7 days. In that time they made a doublet, a jerkin, a pair of hose, a cloak for Francis and a ?flannell petticoat for Mary.
Thomas Neale*, Donhead St Mary, tailor, 23; has lived there for 4 years; before at Ansty for 3 years; was born at Braydon. He stayed for 3 weeks at Worton and a suit and cloak was made for Francis and a gown and petticoat for Mary. Thomas Burden was his master.
Thomas Noke, Sutton [Mandeville}, husbandman, 26; has lived there for 2 years; was born at Alvediston.
See Church Courts, Sex and Marriage in England, 1570-1640, Ingram p201.
ff56r-80r, 102v-109r, 120r-123v. 10 Sept 1616. [Catherine Nicholls of Tisbury] v John Wilde of Semley, and counter case; matrimonial. See D1/42/30. Evidence of witnesses of Semley unless otherwise stated:
Richard Edwardes, husbandman, 30; as lived there from infancy except for 3 years.
William Mullins, Donhead St Mary, miler, 44; has lived there from infancy; was born there. He Is a cousin of John Wild. Over a year ago Robert Sturgis and Robert Blandford came from Shaftesbury fair to the inn at Ludwell and others were playing, some at cards, some at tables. John Brockway, tithingman, was ordered try the justices ‘to look narrowly unto idle persons’ forbad them but they continued. Widow Blandford is aunt to Catherine Nicholls.
Walter Graye* younger, husbandman, 24; has lived there from birth.
William Blandford, husbandman, 45; has lived there from birth except for 9-10 years. Catherine’s father was a clothier in Stroud, Gloucs. She is William’s mother’s brother’s daughter.
Walter Grey* elder, yeoman, 40; has lived there from birth.
Edmund Blandford,* yeoman, 34; has lived there from birth except for one year. John’s mother is a poor woman and his father died some 16 years ago.
See D1/42/30
ff80v-90r. 28 Sep 1616. Rebecca Atnoke v Catherine Hitchcock; Atnoke v Thomas Morris; defamation. Evidence of witnesses of Alvediston:
Elizabeth King, 60, wife of William King; has lived there for 50 years. Around Midsummer last Catherine came to the house of Rebecca’s mother, Catherine Atnoke, in Alvediston, and said that Rebecca ‘was taken a bed with a widow man in Shaston’ [Shaftesbury, Dors], was brought before the mayor and put in the blind house.
Mary Hitchcock, 23, wife of John Hitchcock, shepherd; has lived there from birth except for 3 years. Evidence as Elizabeth King. About a week after she was in the house of Nicholas King, in Alvediston, talking with his wife, Margaret and heard Catherine in the adjoining house of Stephen Atklyn in talking with his wife, Elizabeth, ‘there being but a flemish wall betwixt those two houses’.
John Toomer*, husbandman, 38; has lived there from birth except for 14 years. Evidence as Mary Hitchcock.
Margaret Kinge, 53;, wife of Nicholas King, day labourer; has lived there for 23 years.
Joan Russell, spinster, 22; has lived there for half a year. See D1/42/32.
ff109v-119v. William Hacker v John Selman younger and Agnes alias Ann, his wife v; defamation . Evidence of:
John Harris*, Tytherton Kelaways in Bremhill, yeoman, 50. He was tithingman and served a warrant on Hacker who was believed to have attempted to force himself on Ann. John and Ann have been married for 5-6m years and Hacker for 20.
Richard Newman*, Tytherton Kelaways, 30; has lived there from birth.
John Newman*, Fogham in Box, broad weaver, 41; has lived there for 11 years, except for two years in Winterbourne Bassett; has known Hacker for 30 years and the defendants for 20. Michaelmas last he was at his father, Thomas’ home in Tytherton helping his brother Richard and John Selman younger reap wheat on the land of John’s father in law Thomas Bond.
ff133r-140r, 156r-162v. 6 Nov 1616. Thomas Barckly v Elizabeth Mattock; defamation. Evidence of witnesses of Great Cheverell unless otherwise stated:
John Alexander, blacksmith, 38; has lived thee for 13 years; was born at Hilcott in North Newnton. Went with Barckly, who had money to pay to Elizabeth’s husband. Elizabeth called Thomas ‘a whoare hunting knave’.
Thomas Heath, joiner, 27; has lived there from birth except for 10 years.
Richard Olliver, Market Lavington, day labourer, 22; has lived there since Michaelmas; before at Great Cheverell for 4 years; was born Edington. About Midsummer he was making hay in a close near Mattock’s house and heard Elizabeth say to Barckly ‘Got thy way a shroving to helliars againe, when he is from home, goe thy way into Potterne wood with Blandfords wife againe for she is a fitt mate for thou’. He dwelt at Chicklade a year and a half, at Heytesbury a year, at Knooke two years and at Tytherington for two years.
John Bowlter, shepherd, 23; has lived there for one year; before at Erlestoke where he was born.
John Merewether* senior, yeoman, 60; has lived there from birth except for 10 years. As Heath’s evidence. he was also churchwarden.
William Heath, husbandman, 69; has lived there from birth, except for 10 years. At Corn harvest last, Elizabeth came to him as a churchwarden, and told him that she went to Hugh Huddin’s house to borrow a cowell. She pulled the latch and knocked on the door, and it was locked. Looking in through a broken pane of the wall she saw Barckly and Huddin’s wife together and him pull up his hose.
ff140r-147v. John Welles v Longford/Langford; concerning a marriage contract. Evidence of:
William Goffe*, Gillingham, Dors, husbandman, 48; has lived there from birth except for 5 years, when he lived in Donhead St Mary. His sister, Annabel Goffe/Gough alias Welles, was brought up by John Langford alias Cave in Donhead St Mary and 28 years past, married John Welles in Charlton chapel, by Mr Abbott, minister. The marriage was contracted on a ground near the house of Edward Welles in Combe.
John Plancke, Cranbourne, Dors, tailor, 68; has lived there for 10 years; lived at Gussage All Saints for 20 years, at Cranborne and ?Orsam for 20 years; was born at Muncton in Cranborne. See D1/42/32.
ff148r-156r. Office v Edward Macham, Christopher Moody, churchwardens of Boyton, & Alexander Knight; not presenting a case of adultery against Knight with Judith, wife of Moody. Evidence of witnesses all of Corton in Boyton:
John Ambrose*, husbandman, 39; has lived there for the last 20 years; was born there; has known Macham & Moody for 20 years and Knight for 4. Knight was brought before sir William Jurden for saying that he had carried a petronel [large pistol] in his pocket to kill Richard Ambrose.
John Tillie*, husbandman, 34; has lived there from birth; has known Macham & Moody for 20 years and Knight for 5. Knight was is Mr Thornburgh’s bailiff and Moody has done husbandry work for him. He lives alone near Moody’s house. There is a public way through Moody’s backside.
Richard Ambrose, tailor, 37; has lived there from birth.
ff162v-169v. William Browne v Mary Rumsie. Evidence of:
Phillip Gibbs/Gybbes*, Staverton in Trowbridge, clothier, 64; has lived there for 26 years; has known Browne for 12 years and Mary for 7-8. About 5-6 weeks before Michaelmas he was near Staverton bridge watering his cattle and saw Mary washing and William standing at his mill door. She spoke to him ‘ Thou art a pocky knave and hast the pocke in thy tayle’. Mary is of Staverton, but is now in Amesbury.
John Webb*, Trowbridge, tucker, 28; has lived there for 3 years and many places before which he cannot recall the particulars; was born at Trowbridge and has known Browne for 20 years. As Gibbs’ evidence. He was at work in the mill of John Harding near Staverton bridge
William Rudman, Broughton Gifford, tucker, 32; has lived there for 3 years. As Gibbs’ evidence. He was at work in the mill of John Harding near Staverton bridge. He is an apprentice.
ff169v-175v. John Monday v Rickett alias Dringe; tithe corn, hay, wool and lamb. Evidence of witnesses of Charlton:
John Amor*, yeoman, 56; has lived there from birth. Robert Thornhill died seised of the rectory of Charlton by lease of Christchurch Oxford. His son Ambrose administered the tithes and leased them to Amor. Robert bequeathed the profits of the tithes to his 7 sons (2 now dead) and 2 daughters.
Robert Kinge, yeoman, 33; has lived there from birth, except for 7 years.
ff175v-178r, 181r-182r. 14 Jan 1617. Henry Stratton v Barcksly; defamation. Evidence of witnesses of Little Somerford:
Gillian Merrimouth, widow, 60; has lives there for 30 years. Jane was unmarried when she had a child that died at one week. Between Easter Whitsontide last Gillian being a midwife was at her ‘travaile’. She asked Jane the name of the father and she named Henry.
Gillian Allaway, 50, wife of William Allaway, husbandman; has lived there from birth.
ff178v-181r, 182r-187v. Thomas Longe v Coren; testamentary, the will of Thomasin Long [P1/L/42]. Evidence of:
Edith Smith, 60, wife of Nicholas Smithe, Ashley in [sic] Ditteridge, day labourer; has lived there for 36 years. Thomasin died in Box. On Sunday before May day last she visited Thomasin in her sick bed in the house of her brother, Henry Long. Perceiving her ‘to wax more weake and faynt’, she spoke her wishes for her stock to be shared between her godson Henry Long and his sister and her niece, Mary Longe. Mr Coren married the natural sister of Thomasin [Edith, daughter of Anthony Longe, 20 Sep 1602].
Joan Nowell, 50, wife of William Powell, Ashley in Box, husbandman; has lived there for 23 years. Marian Witchell, 30, wife of Anthony Witchell, Kingdown in Box, farmer; has lived there from birth. See D1/42/32.
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