Chancery pleadings: 1622 (Corye v. Docton)

National Archives ref: C2/JasI/C6/45
Transcribed by David Carter 2020

[Most punctuation, all line-spaces and implied letters in brackets have been added by the transcriber to aid understanding. Spelling remains verbatim]

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Record: C 2 - Court of Chancery: Six Clerks Office: Pleadings, Series I, Elizabeth I to Charles I (1603-1625)
Date: 1622/23 Jan 18
Short title: Corye v Docton.
Plaintiffs: Andrew Corye.
Defendants: Thomas Docton, John Cooke and John Baglehole.
Subject: Lands and tenements within the crown manor of Stoke in Hartland, Devon, granted to Stephen Cory and John Cory.
Document type: [pleadings].
Number of documents: 3

TNA Reference: C 2/JasI/C6/45
http://discovery.nationalarchives.gov.uk/details/r/C5715762

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Explanation of the case:

Analysis and Interpretation of the documents:

This dispute concerns two tenements called ‘Stowford’ and ‘Smithland’ in the Manor of Stoke [Stoke St Nectan] and parish of Hartland in Devon.

The plaintiff is Andrew Corye, a gent of West Putford, who said that these tenements were part of copyhold manorial lands granted about 40 years previously [i.e. c.1582] for lives, the manor at that time said to have been owned by the Crown. The lives were for Elizabeth Corye, her husband Stephen Corye, John Corye their son, and Andrew Corye another son of Stephen Corye, this all said to have been recorded in the Court Roll for Stoke Manor.
Stephen Corye died around the last year of the reign of Queen Elizabeth [i.e. 1603], and the rights passed to John Corye who has also since died, and they are now in the tenure of Andrew Corye.

Thomas Docton of Hartland (c.1538-1618) is said to have purchased the rights of the Manor of Stoke about 30 years ago [i.e. c.1592]. On the death of Thomas Docton, the Manor of Stoke was willed to his cousin, also called Thomas Docton (1564-1638), but he said that these rights were actually obtained around the year 1600. However, there were others (John Cooke and John Baglehole) who were contesting the will and this inheritance, and they took possession of the Manor of Stoke saying that they had this right.

This left Andrew Corye not knowing who had legal right to occupy these tenements, and he was unable to prove his case because he did not have access to the Manor Court Rolls, and he has been refused permission to see them. He is therefore requesting the Court of Chancery to grant access to these, so that he can prove his case.

In response, Thomas Docton (1564-1638) denied that there was any preceding Manorial Custom suggesting these were copyhold lands. After a search of his documents he found a grant dated April 1569 which confirmed that these tenements were granted to the Coryes for a term of lives, with Andrew Corye being the last life. He therefore believed that these were indenture-held lands not copyhold lands, because others (John Brewer) formerly held the lands, and there was even a reference that John & Thomasine Snowe & family were granted the lands for life, back in 1483.

The result of this dispute is not recorded in these documents.

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Documents 1 and 2
[These are virtually identical, and the following transcript is an amalgamation of both]

To the right hon[ourable] & rev[er]end father in God, To: Lord Bishopp of Lincolne Lord Keeper of the great seal of England.

Humbly explayning sheweth unto your good Lo[rdshi]pp your or[ato]r Andrewe Corye of Westputford in the countye of Devon gent.
That whereas o[u]r late soveraigne Ladye Queen Elizabeth of famous memorie & her noble p[re]senters stoode & were lawfully seized of fee of & in the mannor of Stoke & of diverse messuages landes tenem[en]ts & hereditaments thereunto belonging with th[e] appurtenances situate lying & being within the parish of Hartland in the aforesaid Countie of Devon.
And being soe thereof seized your or[ator] saith that within th[e] aforesaid mannor there was & is a custo[m]e w[hi]ch hath beene used time out of minde That all the tenants of the s[ai]d mannor have holden the lands & tenem[en]ts within the s[ai]d mannor being customarye landes for terme of life aswell in possession as in reversion by copie of courtroll for terme of the life of the s[ai]d Elizabeth & according to the custo[m]e of the s[ai]d mannor.
And whereas also one Stephen Corey gent deceased your o[rato]rs father in the right of Elizabeth his wife had & held of o[u]r said late sovereigne Queene Elizabeth by copie of courtroll for terme of the life of the s[ai]d Elizabeth certaine landes & tenem[en]ts within the s[ai]d mannor of Stoke viz: one tenem[en]t called or known by the name of Stoford of the annuall value of 20£ or thereaboutes & one other tenem[en]t called Smithland of the yeerely value of 12£ or thereaboutes according to th[e] custome of the s[ai]d mannor by the rentes & devices in the s[ai]d coppie of courtroll expressed.
And whereas also the s[ai]d Stephen Corey afterwardes in the life time of the s[ai]d Elizabeth aboute 40 yeares last past did for good consideration obtaine & c[on]tinue to himselfe & to one John Corey likewise deceased & to your s[ai]d o[rato]rs sonnes of the s[ai]d Stephen by copy of courtroll of the s[ai]d mannor of Stoke the reversion of the s[ai]d recited tenem[en]ts of Stoford & Smithland aforesaid.
To have & to hold to them the s[ai]d Stephen Corey John Corey & your s[ai]d o[rato]r for terme of their lives & every of them longest lyvinge successively according to the custo[m]e of the said mannor by the rentes & services in the said last recited Copie of Courtroll expressed by force whereof the s[ai]d Stephen Corey after the death of the s[ai]d Elizabeth his wife was by the homage of the said mannor of Stoke found to be ten[an]t of the s[ai]d severall teneme[nt]s of Stowford & Smithland afores[ai]d for terme of his life according to the custo[m]e of the said mannor whoe thereupon ent[e]red in the s[ai]d p[re]misses & continued possessed thereof as lawfull was for him to doe.
And the same soe had & inioyed the s[ai]d Stephen aboute the last yeere of the raigne of the Queene Elizabeth dyed.
And likewise the s[ai]d John Coreye after the death of the s[ai]d Stephen Corey was found & admitted Ten[an]t of the same p[re]misses for terme of his life & the sa[m]e had & inioyed according to the custo[m]e of the afores[ai]d mannor.

And whereas also one Thomas Docton late of Hartland afores[ai]d gent deceased aboute 30 yeares last past purchased & obtayned to him & his heires for ever the ffee & inheritance of the s[ai]d mannor of Stoke & of all messuages landes tenem[en]ts & p[re]misses thereunto appertayning with th[e] appurten[an]ces by force whereof the s[ai]d Thomas Docton entred into the s[ai]d p[re]misses & was thereof seized accordingly.
And being thereof soe seized hee the s[ai]d Thomas Docton afterwardes that is to saye aboute 4 yeares last past did by meane & fiende conveyance of his owne accord for smale or noe consideration devise & assure the s[ai]d mannor & p[re]misses togeather with other landes of great value unto one Thomas Docton of Hartland afores[ai]d his kinsman & to his heires & assignes for ever & shortlie after dyed.
After whose death the s[ai]d Thomas Docton togeather w[i]th John Cooke & John Baglehole pretending a title as coheirs unto the s[ai]d Thomas Docton deceased of in & to the s[ai]d mannor & divers other of the landes of the said Thomas Docton deceased likewise entred into the s[ai]d p[re]mises & thereof were & yett are or one of them is seized accordingly.

Now soe it is maye it please your good lo[rdshi]pp that the s[ai]d Thomas Docton & the s[ai]d other p[re]tended coheires knowinge that your or[ato]r cann have noe other evidence concerning the s[ai]d p[re]misses but onlye the s[ai]d copies of courtroll & well knowing all the s[ai]d p[re]misses to bee true in mannor & forme as is before expressed of meere purpose to worke the overthrowe & undoing of yo[u]r said orator and utterly to defeate & defraude him of the s[ai]d tenem[en]t & p[re]misses & every parte thereof & having by casuall meanes sinisterly gotten into thereof one of their landes custodie & possession or unto the custodie & possession of so[m]e other p[er]son or p[er]sons or to his their or one of their use or behooffe aswell the said severall recyted copies of courtroll & other evidences courtrolles charters writinges & minimentes appertayning & mentyoning the title of your s[ai]d or[ato]r & rightfully unto him belonging have not onlye uniustly entred into the said landes & premisses & taken the issues & p[ro]fitts thereof for a long time & wrongfullye detayned the same to the great losse & preduidice of y[ou]r s[ai]d or[ato]r.
But also in further disabling of your or[ato]rs title unto the same they or one of them have published & given out speeches manie times to sundrye p[er]sons to your or[ato]r unknowen that your or[ato]r hath noe right all all to the fores[ai]d premisses nor to any parte thereof.
And that if your or[ato]r question them for the sa[m]e they will overlaye & wearie him out w[i]th chargeable suites in lawe or wordes to the like effect.
And your or[ato]r further saith that hee hath divers & sundrye times sithence the death of the s[ai]d John Corey gently & in friendly manner requested the s[ai]d Thomas Docton & the s[ai]d other p[re]tended coheirs to p[er]mitt & suffer your or[ato]r to inioye the s[ai]d tenem[en]ts & premisses according to the purport intent & true meaning of the s[ai]d recited copyes of courtrolle & to deliver upp unto your or[ato]r the s[ai]d recited copies or a true copie of the inrolem[en]t thereof in the court of the s[ai]d mannor All w[hi]ch or anie of them the s[ai]d Thomas Docton & the said p[re]tended coheirs doe denie & utterly refuse to p[er]forme contrarye to all right equitye & good conscience.
And for that your or[ato]r knoweth not the certaine date of the recited copies of Courtroll nor the full contents of the sa[m]e nor what rentes & services are therein refered & therefore is like to be w[i]thout any remedy therein unles your lo[rdshi]pps favour bee unto him extended in that behalfe & likewise knoweth whither they are kept in any boxe chest roome bagge locked or unlocked.
Maye itt therefore please y[ou]r good lo[rdshi]pp: the p[re]misses tenderly considered & to the end that the s[ai]d Thomas Docton & other p[re]tended coheirs afores[ai]d maye upon their & every of their corporall oathes annswere to the p[re]misses & everye parte thereof & truly sett fourth & expresse whatt copye or copies of courtroll or other writing or assurance they or anie of them or anie other to their or his use have or had w[hi]ch doe conteine your s[ai]d or[ato]r or his title to the p[re]misses w[hi]ch your orator cannott compell them to doe by anie course att the co[m]mon lawe.
To grannt unto your or[ato]r his maiesties most gracious writt of subpena to bee directed unto the s[ai]d Thomas Docton John Cooke & John Baglehole co[m]mannding them thereby att a c[er]tain daye & time & under a c[er]ten paine therein to be limitted p[er]sonally to bee & appeare before your good lo[rdshi]pp in his maiesties most hon[ourable] Court of Chancerye then & there to annswere the p[re]misses.
And further to stand to & abide such order & direction therein as to yo[u]r lo[rdshi]pp & this hon[oura]ble court shallbe thought to stand most agreeable w[i]th equitie & good conscience.
And yo[u]r orator accordinge to this bounden duetie shall dayly pray unto God for yo[u]r good lo[rdshi]pp in all hon[ou]r, longe to continew etc.

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Document 3:

The Annswere of Thomas Docton gent one of the defend[an]ts to the Bill of Complaint of Andrewe Corye gent Complaynante.

All benefit and advantage of exception unto the untrueths incerteintie and insufficiencie of the said Bill of Complainte unto the said defend[an]t nowe and at all tymes hereafter and referred,
The saide defen[d]ent sayeth That he verely beleeveth that the saide Bill is exhibited against hym this defend[an]t of purpose rather to vex molest and trouble this defend[an]t and to put hym to unnecessary costs and charges in lawe, than grounded upon any good or iust cause at all.
Nevertheless the saide defend[an]t for full plaine and direct Annswere to the saide Bill of complaint and to all and every of the matters and thinge therein contained materiall to be annswered unto by hym 
This defendant sayeth That he beleeveth that o[u]r late Sov[er]aigne Ladye Queene Elizabeth of famous memorie and her noble progenitors stood and were lawefullie seised of ffee of and in the Mannor of Stoke in the Bill mentioned and of divers mesuage lands tenem[en]ts and hereditam[en]ts to the saide Mannor belonging w[i]th th[e] appurtenances scituate lyeing and beinge w[i]thin the p[ar]ishe of Hartlande in the Countie of Devon as in the Bill is expressed.
But this defend[an]t utterly denieth that (to his knowledge) within the foresaide Mannor there was or is a custome w[hi]ch hath beene used tyme out of minde, That all the tenants of the saide Mannor have holden the landes and tenem[en]ts w[i]thin the saide Mannor as Customarye landes for terme of life aswell in possession as in reversion by coppie of s[ai]d c[our]t Rolle according to the custome of the saide Mannor as in the saide Bill is sett downe and expressed.
And this defend[an]t alsoe sayeth, That he knoweth not that one Stephen Corye gent (in the Bill named) the compl[ainan]ts father (in the Right of Elizabeth his wife) had or held of the saide late Soveraign Ladye Queene Elizabeth by coppie of Co[u]rt Rolle for terme of the life of the said Elizabeth one tenem[en]t called Stowford, and one other tenem[en]t called Smythland in the Bill mentioned or either of them,
Neither doth this defend[an]t knowe that the saide Stephen Corye in the life tyme of the saide Elizabeth or att any other tyme, did obteyne or p[ro]cure to himself and to one John Corye and to the compl[ainan]t his sonnes or to either or any of them by coppie of Co[ur]t Rolle of the saide Mannor of Stoke, the Reversion of the saide Tenem[en]ts of Stowford and Smythland or of either of them, To have and to holde to them the saide Stephen Corye John Corye and to the saide compl[ainan]t for terme of their lyves and every of them longest living successively according to the custome of the saide Mannor.
Neither doth this defend[an]t knowe that the saide Stephen Corye (after the death of the saide Elizabeth his wife) was by the homage of saide Mannor of Stoke fownd to be tennante of the said sev[er]all Tenem[en]ts of Stowford and Smythland or of either of them for terme of his life accordinge to the custome of the saide Mannor,
Neither doth this defendant knowe that the said Stephen Corye ever held or inoiyed the saide p[re]misses or any p[ar]te thereof, Or that the saide John Corye (after his decease) was found or admitted tenante of the same p[re]misses for terme of his life, Or that he ever held or inioyed the same p[re]misses or any p[ar]te thereof,
And this defend[an]t sayeth, That he beleeveth that the saide Tenem[en]t called Stowford is not above the yearely value of VIII£ nor that the said tenem[en]t called Smythland is above the annuall value of IIII£ as he beleeveth,
And he sayeth alsoe that he verely beleeveth That Thomas Docton gent deceased in the Bill named, Did about the XLIIth [i.e. 1600] yeare of our late Sov[er]aigne ladye Queene Elizabeth for good consideration, purchase and buy to him and to his heires for ever the fee and inheritance of the saide Mannor of Stoke and of all mes[s]uages landes tenem[en]ts and premisses thereunto belonging, and that by vertue thereof he the saide Thomas Docton entred into the saide premisses and was of the same lawefully seised accordingly as this defend[an]t beleeveth,
And further sayeth, That he the saide Thomas Docton being thereof soe seised, did about fower yeeres last past by his last will and testam[en]t in writeinge (amongst other landes) devise the said Mannor of Stoke landes and premisses unto this defend[an]t (being his kinsman and of his name and bloud) and to his heires for ever As in and by the saide last will and testam[en]t due reference being thereunto hadd[?] whereunto this defend[an]t for more certeintie referreth himselfe more at large appeareth 
By force whereof this defend[an]t confesseth that he hath entred into the saide premisses and hath and doth take the rents yssues and proffitts thereof as this defend[an]t doubteth not but (by the favour of this Ho[noura]ble Co[u]rte) he may lawefully doe.
And this defend[an]t sayeth That he is altogether unlearned and cannot write nor reade and therefore knoweth not what the writings or evidence w[hi]ch he hath in his custodie doe conteine, howbeit he sayeth, That since this Bill exhibited, he hath caused search to be made amongst his writeings for to see whether that he had any coppie of other writing w[hi]ch did concerne the foresaid tenem[en]ts and premisses called Stowford and Smythland or either of them, and upon search thereof this defend[an]t confesseth That he is credibly informed that there is in his custodie, one copie bearinge date in or about the Moneth of April in the XIth yeare of the Raigne of o[u]r late Sov[er]aigne Ladye Queene Elizabeth [i.e. 1569] whereby the saide tenem[en]ts and premisses called Stowford and Smythland are mentioned to be grannted to the like purpose as in the Bill is expressed and that the compl[ainan]t is the last life named in the saide copie,
But this defend[an]t sayeth That (notwithstanding the saide copie) he beleeveth that the saide tenem[en]t and premisses called Stowford was not Coppiehold lande but Indent[u]re hold landes, and he is the rather p[ur]suaded so be beleeve for that it appe[a]reth (as this defendant is likewise credibly informed) that the saide tenem[en]t and premisses called Stowford were by one John Brewer by his deede indented bearing date in or about the XXIIIth yere of the Raigne of Kinge Edward the ffowerth [i.e. 1483], demised leases to John Snowe Thomasine his wife and Johane their daughter for terme of their lyves and the longest liver of them,
And he also sayeth That he is likewise credibly informed That the saide tenem[en]t called Stowford doth appere (by divers other writings) to be annciently Indent[ur]e holde lande and not copiehold landes,
But this defend[an]t further sayeth, That if it shall appear that the saide tenem[en]t and premisses called Stowford were coppyhold landes soe held and inioyed w[hi]ch he beleeveth not for the reasons aforesaide, yet hath not the saide compl[ainan]t (as this defendant by his counsell is advised) any good right in title in or to the saide premisses or any p[ar]te thereof, ffor this defend[an]t sayeth, That he is also credibly informed and beleeveth it to be true and doubteth not to make sufficient proof thereof to this ho[noura]ble co[u]rte,
That the saide Stephen Corye in or about the XXth yere of the Raigne of o[u]r late Queene Elizabeth [i.e. 1578], did by writeing under his hand and Seale demise lease grannt confirm and farme lett the saide tenem[en]t and premisses called Stowford unto one Edward Baggilhole for the terme of ffive yeares from the date of the saide writing fully to be complete, w[hi]ch if it were copiehold land it is contrary to the custome of the saide Mannor as this defend[an]t verely beleeveth soe to demise the same, 
And this defend[an]t verely beleeveth that the saide compl[ainain]t well knoweth of the saide demise and grannt and hath long since beene made acquainted therewith,
And this defend[an]t also sayeth that he is credibly informed and hopeth to make good proofe thereof to this ho[noura]ble co[u]rt that the saide John Corye did alsoe demise and lease the premisses called Smythland to one Thomas Nicoll and John Galsworthie dureing the life of hym the saide John Corye and that the saide compl[ainan]t is a witnes thereunto as this defend[an]t is also informed,
And this defend[an]t further sayeth That he is likewise credibly informed and beleeveth it to be true, That the saide compl[ainan]t himselfe by his Indent[u]re under his hand and seale about the eight yere of the Raigne of o[u]r Soveraigne Lorde Kinge James [i.e. 1610] for the consideration of XXXII£ did give grannt surrender demise release and confirme unto the saide Thomas Docton deceased and to his heirs All his estate tytle interest and demannd of in or to the saide tenem[en]t and premisses called Smythland, To have and to hold the same unto the saide Thomas Docton deceased his heires and assignes for ever and therefore this defend[an]t mervaileth the compl[ainan]t is not ashamed once to question or demannde the same p[re]misses agayne, against his owne deede made upon good and valueable consideration as aforesaide,
And this defend[an]t also sayeth that the saide John Corye the compl[ainan]t died many yeres past, soe that after his decease the saide landes and premisses called Stowford and Smythland by colour and pretence of the foresaide copie should have come to the saide compl[ainan]t dureinge all w[hi]ch tyme the saide Thomas Docton deceased quietly held and inioyed the saide premisses as this defend[an]t beleeveth, and was never once questioned by the compl[ainan]t nor any other for or concerning the holding or inioyinge thereof as this defend[an]t also beleeveth, w[hi]ch the saide compl[ainan]t would have done (as this defendant is fullier p[ur]suaded in his conscience) if he had had any good right or lawefull title thereunto,
And this defend[an]t sayeth alsoe That the compl[ainan]t (as this defendant hath credibly heard) came to the house of the saide Thomas Docton deceased in the tyme of his last sickness whereof he dyed, and did make knowen that he was indebted unto hym the saide Mr Docton by specialtie, whereof p[ar]te was paide and some other p[ar]te was unpaide, and requested that he might have uppe his specialties without payeing of any more monye due thereby and that the saide Mr Docton would be pleased (in regard that he had had from his saide father Stephen Corye and from himselfe the saide tenem[en]t and premisses called Stowford and Smythland for a small value) that he would also geve hym some better satisfaction for the same, whereof thee saide Mr Docton (as this defendant hath heard) was ~~ound on the compl[ainant]s behaulfe, and annswered to this purpose, that is to saye, that he know not any reason why he should have uppe his specialtie w[i]thout payeing of such mony as was thereby due and to hym,
And saide also, that there was noe reason why he should expect any more recompence or satisfaction from hym for the saide premisses then he had already given to his father and himsselfe for the same, and that he could not have been compelled in lawe or equitie to have given so much as he had done, for he saide that he saide landes and premisses were indent[u]re hold and not any coppie hold landes,
And this defend[an]t sayeth that he hath not (to his knowledge or thinking or as he is credibly informed and verelye beleeveth it to be true) in his custodie or in the custodie of any other to his use, or by his privity any other Coppie Courte Rolle Charter writeinge evidence or mynyment app[er]teyning or mentionynge the title of the saide compl[ainan]t other than the coppie in this his annswere before set downe and expressed,
And he sayeth alsoe that he verely beleeveth That the compl[ainan]t did well knowe the foresaide copie to be in the custodye of the saide Thomas Docton deceased in his life tyme long before his decease but the compl[ainan]t would not sue or impleade hym the saide Mr Docton for the same, because he very well knewe (as this defendant also verely beleeveth) that the saide Mr Docton deceased could and would verie well have instified and mainteined the keepeing of the saide copies, aswell by the full consent and agreement of the saide Stephen Corye the compl[ainan]ts ffather who delivered the same copie to the saide Mr Docton deceased as this defendant is fullie p[ur]suaded in his conscience as also by the full agreem[en]ts and consents of the saide John Corye and of the compl[ainan]t himselfe (as this defendant also beleeveth) and therefore this defend[an]t hopeth (by and with the favour of this hon[oura]ble Co[u]rt, he may still lawefullie hold and keepe the same copie also,
And this defendant likewise sayeth That he thinketh that he hath saide That he verely beleeveth that the compl[ainan]t hath not[?] any good right or lawefull tytle in or to the saide tenem[en]ts and premisses and doeth still beleeve the same But utterly denieth that he used any speeches that he would overlaye or wearie out the compl[ainan]t with suits in lawe and[?] by Bill of Complaint is set foorth and suggested, and without that that any other [~?~LOST IN CREASE~?~] said Bill of Complaint conteined materiall or[?] effectuall to be annswered unto by this defend[an]t and not herein sufficiently annswered unto confessed and avoided traversed or denied to the knowledge of this defend[an]t, ys true,
All w[hi]ch matters and things this defend[an]t is and will be ready to averr maintaine and prove as this ho[noura]ble Co[u]rt shall award And humbly prayeth out of the same to be dismissed with his Reasonable Costs and Charges in this behalfe most wrongfully susteyned.

Capta apud Harton in com[itatus] Devon, decimo octavo January Anno regni d[o]m[ini] n[ost]ri Jacobi dei grac[ia] Angli[e] etc, vicesimo et Scotie Quinquagesimo Sexto 
coram nobis [i.e. 18 Jan 1622/23]
Jo: Prydeaux
William Hooper
Tho Prast [Prust?]

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