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Melhuish v Vernam & others - Manorial dispute (1708-1711)

 

Transcribed by David Carter 2018

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NDRO Catalogue Entry:

1) and 2) Bills and answers in Chancery.
Proceedings between Roger Melhuish and Richard Vernam and others.
10 Jan 1708 and undated.

3) and 4) Further answers of John Jeffery, Richard Vernam, John Deans and William Browning, defendants to the bill of complaint of Roger Melhuish esq, complainant.
1710-1711.

The above references consist of 4 separate documents.
These have been transcribed below, in chronological order.
 

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Devon Record Office 1898Z/Z1-4
Taken from typed copies in North Devon R.O. ref: 2863/8 and 2863/9
Original documents in National Archives, ref: C 9/344/62
Transcribed by David Carter 2018

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Document 1:

Bills and Answers in Chancery Proceedings between Roger Melhuish and Richard Vernon and others - 1708 onwards.

To: The Right Hon. William Lord Cowler, Baron of Wingham, Lord High Chancellor of Great Britain.

In all humble manner complaining showeth unto your Lordship your Orator Roger Melhuish of Northam in the County of Devon, Esquire, that your Orator is seized in fee and is Lord of the Manor or Lordship of Northam aforesaid which said Manor comprehends and takes in all or the greatest part of the said Parish and is of the tenure or holding of ancient demesne. And your Orator further showeth unto your Lordship that by virtue of diverse grants, patents and charters which have anciently been made and given by the Crown touching and concerning the said Manor all the tenants and inhabitants within the said Manor have constantly from time to time had and enjoyed diverse privileges, exemptions and immunities as well in diverse matters relating to trade at sea as at land and most part of the tenants and inhabitants of the said Manor being seafaring men have among other privileges granted as aforesaid from the Crown by the means and upon the interest and good services of the former Lords of the said Manor the privilege of being free from all anchorage, keelage and such like usual payments as well within the towns of Barnstaple, Bideford and many other places within the Kingdom of England as also in Waterford and many other places within the Kingdom of Ireland as by the said grants, patents and charters now remaining among the records of this Kingdom or by the exemplifications of the same ready to be produced will more plainly and at large appear and your Orator further showeth unto your Lordship that your Orator as Lord of the said Manor in likewise by custom entitled and hath a right to all the perquisites privileges reliefs estrays goods of felons forfeitures deeds and deodands treasure trove fishing hawking hunting and to all the wrecks of the sea and to all dues duties customary payments and all other royalties profits commodities advantages wastes and waste places within the laid Manor particularly to all that waste ground or land which lieth between the top and norther part of Graston alias Greston Hill and Gillhouse and to all that waste ground or land lying between the river called Taw ('Torr') on the east part the aforesaid place called Gillhouse on the west part and common called Northam Burroughs or Northam Commons on the west part and also to all that piece of waste land and ground which extendeth itself in length from a compass or circle called Hubblestone alias Whibblestone unto the farthest part of a certain close of land called the Chapel land alias Chapel Park which lieth on the north west part and in breadth from the enclosed land lying on the west part thereof unto the low water and river of Turridge on the east and to all that piece of waste ground Which extends itself in length and compass from a certain place within the Manor aforesaid commonly called Hubblestone alias Whibblestone unto certain rocks called Gillhouse Rocks and to the wester parts thereof together with the profits and advantages to the same in any sort appertaining to and for the landing or unloading of ships and boats of their goods and merchandises and your Orator is also entitled and hath the right as Lord of the Manor aforesaid by the customs of the same upon the death of every free tenant or customary tenant dwelling within the said Manor to have for and in lieu of an heriot his best beast or best good or three pounds of coin thereof at the election of the Lord of the Manor and upon the death of every free tenant dwelling without the said Manor an old bushel of wheat, and upon the death of every free tenant or alienation of his land or any part thereof a relief is due unto your Orator as Lord of the said Manor by the custom thereof which relief is an much money as the yearly rent which the tenant pays unto the Lord for the same and your Orator is also entitled to all other the perquisites privileges duties and advantages which are of ancient right due or have been customarily paid or allowed to any former Lord or Lords of the said Manor and your Orator doth further charge that by the ancient and constant customs of the said Manor the Lord and Lords of the same have kept at their own expense and your Orator now doth the same a certain measure or bushel called a water bushel within the said Manor for the due measuring of all salt corn grain culm coal sad the like which every ship or other vessel that comes there to discharge and unload his cargo doth measure out and sell the same by and that no other person or persons can without leave of the Lord keep any bushel or measure beside within the said Manor for that purpose for which reason among others the Lord and Lords of the said Manor hath by the custom thereof constantly had one bushel of the cargo out of every vessel unloading the same or any part thereof within the said Manor of whatever the cargo of such vessel or ship be whether salt, coals culm, corn, grain or the like and your Orator finding that the former Lords of the said Manor have all along constantly enjoyed not only the privileges and wastes aforesaid but also the bushellage in manner aforesaid without any interruption or denial, did well hope to have had and enjoyed the same himself as he ought in reason and equity to do especially considering that he hath always endeavoured to preserve and maintain all the privileges and advantages which the tenants and inhabitants within the said Manor are entitled unto but now so it is may it please your Lordship that Thomas Vernam of Northam aforesaid mariner John Griffey of the sane mariner and John Nichols of the same mariner having entered into a combination and confederacy together and to and with John Jeffery of Northam aforesaid merchant Richard Vernam of the same mariner John Deane of the same sailmaker and William Browning of the same merchant who are all tenants of and inhabitants within the said Manor and to and with diverse other persons at present unknown unto your Orator whose names when discovered your Orator humbly prays may be herein inserted with apt words to charge them as parties hereunto do endeavour to destroy the ancient customs and rights within the said Manor whereby your Orator is to have any privilege or benefit and have made a purse among themselves for that purpose and your Orator doth hereby expressly charge that the said Thomas Vernam John Griffey John Nichols John Jeffery Richard Vernam John Deane and William Browning or some of them being owners or masters of the ships or vessels called the William and John, the Providence and the John and Mary have lately brought in their said vessels or ships within the said Manor which were loaded with coals and culm and have there broken bulk and unloaded and sold the same or parts thereof making use of the bushel or measure kept by your Orator for that purpose or might and ought to have used the same and no other but nevertheless refused to pay your Orator the bushellage which by the ancient custom and usage of the Manor hath constantly been allowed and paid pretending sometimes that none at all is due and that the Lord may choose whether he will keep any bushel at all and that they the said confederates being tenants of and inhabitants within the said Manor and therefore free from all payments or duties in several other ports ought to be exempt and free from paying anything at home in their own and through such their pretences do threaten to set up a bushel of their own not only to serve their own vessels and ships with that come in and break bulk and unload within the said Manor but also for the use of all other vessels belonging to any strangers whatsoever that shall have an occasion to make use of the same there Whereas the said confederates well know that the reason why they are exempt from payment of duties in many parts and places abroad is upon account of their customary payments at home and that for this reason it was that the former Lords of the said Manor procured such privileges and exemptions for them and the said confederates do also well know that by the ancient custom of the Manor nobody ever did or can keep any bushell within the said Manor for the purposes aforesaid beside the Lords or Lord for the time being and without his or their licence or grant for that purpose and your Orator doth likewise expressly charge that the said confederates John Jeffery, Richard Vernam, John Deane and William Browning being tenants within the said Manor do pretend that the several wastes before set forth according to their meets and bounds do not belong to your Orator the Lord of the said Manor but have always belonged and still do belong or a very great part of them to their several and respective tenements and estates within the said Manor and also do pretend and give out that your Orator is not entitled to such heriots reliefs and other services and privileges whereas the said confederates do very well know that the said wastes and waste grounds have always without question and denial been enjoyed by your orator and the former Lords of the said Manor and that such reliefs, heriots and other services have all along as far as the memory of men can reach been constantly paid and performed to the Lord and Lords of the said Manor all which pretences, actings and doings of the said confederates are contrary to equity and good conscience and tend to your Orators most apparent injury and detriment. In tender consideration therefore of the premises and for that your Orators witnesses who could and can prove the truth of the premises are very aged and infirm and not able to travel and many of them dead and beyond the seas so that your Orator cannot have the benefit of their testimonies nor be able to assert his right at law for want of such his witnesses and is therefore compelled to seek the aid and assistance of this honourable court to have a discovery of the premises from the oaths of the said confederates who being all tenants and inhabitants within the said Manor are well acquainted with the same and can make a full and satisfactory discovery of them all To the end therefore that the said Thomas Vernam John Griffey John Nichols John Jeffery Richard Vernam John Deane and William Browning and the rest of the confederates when discovered made true perfect and distinct answer make to all and singular the premises and that as particularly as if the same were here again particularly repeated and interrogated and may set forth and discover whether your Orator be not Lord of the said Manor and as such whether he be not entitled to all the perquisites privileges and services aforesaid by the custom of the said Manor or otherwise and how or to any and what part of them and especially may discover and set forth whether the Lords or Lord have not constantly kept within the said Manor for the purposes aforesaid a certain measure or bushel at his own charge and whether all vessels coming in to break bulk or unload there have not constantly used the same and paid one bushel of their respective loadings for such use unto the Lord of the said Manor and whether by the custom of the said Manor they are not obliged so to do and that the said confederates may show cause if they can why they have refused and still do refuse to pay the same for the several vessels and ships which they have lately brought in and unloaded within the said Manor and also may discover whether by the custom or usage of the said Manor any other person or persons and who by name can keep within the said Manor for the purpose aforesaid any such bushel or demand any bushelage for the same And also that the said confederates may discover whether your orator be not entitled as Lord of the said Manor unto the several wastes or waste grounds in such manner as the same are before described or to any and what part of them and for how long time have the same been so enjoyed by the Lords or Lord of the said Manor and also that your orator may have a commission to examine his aged and infirm witnesses to prove the allegations aforesaid and that the confederates may be compelled to pay unto your orator such bushelage and other duties as are in arrear as aforesaid and that all the customs, dues and duties aforesaid may be established by the decree of this honourable Court for the future And that your orator nay have such other relief in the premises as the nature of his cause requires and as unto your Lordship shall seem just May it please your Lordship the premises considered to grant to your orator her Majesty's most gracious writ and writs of Subpoena to be directed to them the said Thomas Vernam, John Griffey, John Nichols, John Jeffery, Richard Vernam, John Dean, and William Browning thereby requiring them and every of them at a certain day and under a certain pain therein to be limited personally to be and appear before your Lordship in this honourable Court then and there to answer the premises and further to stand to and abide by such Order and Decree as your Lordship shall make therein and your orator shall ever pray etc.

Signed: ~~~~ Gatchell, John Leadbeater.

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Document 2:

The said defendants by protestation not confessing or acknowledging all of any of the matters and things in the complainant's said Bill of Complaint contained and which are hereinafter demurred unto to be true in such sort, manner and form as the same therein and thereby set forth and alleged as to such part and so much of the said Bill as seeks to set up and establish a pretended right in the complainant as Lord of the Manor of Northam in the County of Devon to the soil and inheritance of all that waste ground or land which lies between the top and northern part of Gresdon alias Gresdon Hill and Gill House and of all that waste ground or land lying between the River Taw on the east part and the aforesaid house called Gill House on the south part and the common called Northam Burrows or Northam Common on the west part and also of all that piece of waste land and ground which extendeth itself in length from a compass or circa a called Hubblestone alias Whibblestone unto the farthest part of a certain close of land called the Chapel land alias the Chapel Park lieth near the north and north west part and in breadth from the enclosed land lying on the west part thereof unto the low water and river of Torridge in the east and of all that piece of waste ground which extends itself in length and compass from a certain place pretended to be within the Manor aforesaid commonly called Hubblestone alias Whibblestone unto certain rocks called Gill House rocks and to the wester part thereof together with the profit and advantages to the same in any sort pertaining to and for the clearing or unloading of ships and boats of their goods and merchandise, or that seek to set up or establish a pretended right or title in the complainant as Lord of the said Manor by any pretended custom of the said manor to such heriots and reliefs as in the said Bill are mentioned or that seeks to set up or establish a pretended right or title in the complainant as Lord of the said Manor or to the pretended duty or bushellage in the Bill mentioned or that seeks to examine witnesses in order to perpetuate their testimony touching such pretended rights or customs or any of them or that seeks any relief against these defendants concerning all and every the said matters the defendants do demur thereunto and for cause of such demurrer do say that it appears of the complainant's own showing by his said Bill that the bounds and limits of the said Manor are in question which is a matter properly triable at law by a jury and the said pretended customs are also matters in their own nature properly triable at law by a jury and for as much as the complainant hath not asserted his said pretended right at law nor has he by his Bill suggested that he labours under any impediment which prevents or hinders his proceeding in a course of law to try the said matters and for as much as by the rules and course of justice in this court he ought not be permitted to examine witnesses for the perpetuating of their testimony touching such matters nor to have any assistance or aid of this court for an account of the said pretended duties or for establishing the same, until he shall her asserted his said pretended right at law and in regard such part of the said Bill contains no equity against these defendants and for diverse other imperfections in such part of the said Bill appearing these defendants do demur in law thereunto and humble pray the judgement of this honourable court whether they shall or ought to be compelled to make or give any answer to such part of the said Bill whereto they have so demurred and as to such part - and residue of the said Bill which is not herein before demurred unto, these defendants each answering for himself do severally say that they believe and have heard that the complainant is seised in fee of or otherwise entitled to the manor or lordship of Northam in the bill named but say that they have heard and verily believe that the said Manor doth not take in or comprehend all or the greatest part of the said Parish of Northam nor above an eighth part thereof or thereabouts and have also heard and believe that the said Manor itself consists of ancient demesne lands and some lend of the tenure of Burrough English and some freehold land and these defendants have heard and believed that several messuages and tenements in franfosee according to the common law have been purchased by former lords of the said Manor and added to the same and enjoyed therewith and that the same may have been endeavoured to be made subject to the same services though not really parcel of the said Manor and these defendants say they know not what grants, patents and charters have anciently been made or given by the Crown touching or concerning the said Manor but say they have heard and believe and hope to prove that all the inhabitants of the said Parish of Northam whether tenants or not tenants of or within the said Manor have from time to time beyond all memory had and enjoyed diverse privileges exemptions and immunities in diverse matters as well relating to and concerning trade at sea as at land and particularly the privileges of being free of anchorage keelage toppage moorage bushellage and such like duties not only within the towns of Barnstaple and Bideford and within the said Manor as these defendants hope to make appeal but in all other places within that part of Great Britain which is called England and also in Waterford and many other places within the Kingdom of Ireland but by what means the said custom usage and prescription of freedom or exemption first began and have been since continued these defendants know not and these defendants further say they do not know or believe that the said complainant as he is Lord of the said Manor or otherwise is by custom or otherwise entitled or hath a right to the perquisites privileges, heriots, reliefs, forfeitures, dues, duties, customary payments, royalties, profits commodities, advantages waste and waste places mentioned in the said complainant's Bill and by impretended to but on the contrary these defendants say that they have heard and do believe that Thomas Melhuish Esq, deceased late father of the complainant was seised in fee of some land in the said Parish of Northam before he purchased the said Manor and that such lands were not parcel of the said Manor and that he the said Thomas Melhuish purchased the said Manor of Northam of and from Sir Thomas Berry Knight and after such purchase the said Thomas Melhuish in order to increase the profits thereof and invade the rights and privileges of his tenants and the other inhabitants within the said Parish did attempt to innovate custom against the rights and liberties which he himself as these defendants have heard and verily believe has evolved maintained and justified against the said Sir Thomas Berry when avowed he was Lord of the said Manor before the said Thomas Melhuish purchased the same and these defendants further say that some time after the said Thomas Melhuish had purchased the said Manor he brought an action of trespass in his Court Baron of the Manor of Northam against one Henry Russell, then of Northam aforesaid, yeoman, for breaking his close called "The Easter Appledore, The Lords Leare, The Weare, and The Skerne" at Northam aforesaid, and laying limestones there and taking ballast, etc, which said Russell the then defendant was an undertenant and rented the place in question where the limestones lay of one Wilmot Bennett and of one Benson at the rent of ten shillings per annum each, as these defendants have heard and believed, which said Bennett and Benson were lease—holders under one Mistress Elizabeth Docton, Widow a jointress and who had power of leasing for one Mr. Peter Docton, her son who was then tenant intail of the said lands and is now owner thereof. And the said action being so brought in Northam Court, the said Mr. Peter Docton in the name and at the request of the said Russell defended it and removed it from thence into the Court of Common Pleas at Westminster where the said Thomas Melhuish declared again and the defendant Russell pleaded 'Not Guilty' WHEREUPON it came to a trial and a view was ordered which being had the said cause was brought down again and tried at the Assizes in the county of Devon and a verdict was given for the defendant in opposition to the pretended right of the said Thomas Melhuish, from or under whom the now complainant claims the said manor as by the record of the said Court of Common Pleas, whereto these defendants referred, may appear, and these defendants also say the former lord of the said manor did never enjoy the privileges and waste grounds pretended to by the complainant or either of them, to their knowledge or belief; and these defendants further say that the ship or vessel called "The William and John" whereof are and were part owners the defendants John Jeffery and one Thomas Vernum and the said Thomas Vernum Master, and the ship or vessel called 'The Providence' whereof the defendant Richard Vernam is a part owner and whereof the defendant John Griffey was master, and the ship or vessel called 'The John and Mary' whereof the defendant William Browning is a part owner and one John Nicholl master, lately before the exhibiting of the complainants Bill were brought within the Creek of Appledore aforesaid but not within the said manor to their or either of their knowledge or belief, and there broke bulk and unladed or landed coals, culm and other goods, merchandises and commodities which these defendants or some of them sold by their own measures and weights or such as they procured without making use of a bushel or measure pretended to be kept by the complainant for that purpose, and these defendants humbly insist they might lawfully do so and that they ought not to be compelled to pay bushelage to the complainant for the same. And these defendants John Jeffery William Browning and John Deane for themselves severally say that they are several owners of lands in fee within the said parish of Northam but are not tenants of the said manor nor do these defendants said Lands is within the said manor nor are the same held parcel thereof to the knowledge or belief of these defendants AND the said defendant Richard Vernum further saith that he pays one shilling and a penny halfpenny yearly to the complainant for a chief rent for a tenement called Gillhouse whereof this defendant hath a fee or inheritance but whether the said tenement be held of or parcel of the said manor of Northam this defendant knoweth not nor on what account the said rent is paid; And the said defendant John Jeffery doth confess that for about four years before the death of the said Thomas Melhuish this defendant did pay eight shillings per annum to the said Thomas Melhuish and since his death this defendant did for three years or thereabouts pay ten shillings per annum to the complainant which monies were wrongful and unjustly extorted from this defendant by undue practices, and this defendant did submit to pay the same rather than engage in a lawsuit at this defendant's own private expense for so small a matter, but this defendant was sensible he was injured therein and no person did then stand by this defendant to defend the right BUT all these defendants do confess that they these defendants perceiving lately that the complainant did design to impose upon the landholders in the said parish and all persons resorting there to unlade their goods that therefore these defendants and others have agreed to join in the defence of this suit for the common benefit of the landholders of the said parish of Northam against the complainants' unjust encroachments as these defendants humbly hope and are advised it was Lawful for them to do And the said defendant John Dean further saith that he pays to the said complainant for a chief rent for land in and near Appledore in the aforesaid pariah of Northam called or commonly known by the name or names of Higher Tomouth alias Tomouth Town alias Pitt whereof this defendant hath the fee or inheritance fourpence halfpenny yearly which lands he this defendant Deane lately purchased of one Richard Wood deceased who formerly purchased the same of one May, and for certain other lands lying in Appledore aforesaid which were formerly the lands of one William Cowles and whereof this defendant Deane hath now the fee or inheritance, he this defendant Deane pays yearly to the said complainant for a chief rent fivepence farthing, but whether these said several lands or either of them are held by the said manor or are or in parcel thereof, or on what account the said several yearly rents or either of them are or in so paid this defendant knows not but verily believes that no part of either of the said lands is parcel of the said manor or held thereof AND these defendants do deny all unlawful combination and confederacy by the Bill charged against the defendants without that that any other matter or thing in the complainants said Bill of Complaint contained material or effectual in the law for these defendants to make answer unto and not herein and hereby well and sufficiently answered and demurred unto confessed and avoided traversed or denied is true or which said matters and things so by way of answer set forth these defendants are ready and willing to aver justify maintain and prove as this honourable Court shall direct and humbly pray to be hence dismissed with their costs.

Signed: John Griffin [Griffey?] John Jeffery, Richard Vernam, John Deane and William Browning.

Note in Latin to the effect that the document was received at Bideford, 5th July, & Queen Anne (1709).

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Document 3:

The further answers of John Jeffery, Richard Vernam, John Deane and William Browning, defendants to the bill of complaint of Roger Melhuish esq, complainant.
These defendants now and at all times hereafter saving and reserving to themselves all and all manner of benefit and advantage of exception to be any wise had or taken to the manifold uncertainties, insufficiencies, errors and imperfections in the complainants said Bill of Complaint contained for answer unto so much thereof as they have not in and by their former answer already answered unto each answering for himself and not the one of them for the other of them do severally say that they do not know or believe that the complainant as Lord of the Manor of Northam in the Bill mentioned or otherwise is entitled or hath a right to all or any or either of the waste grounds in the complainants Bili particularly mentioned and described, or to any profits or advantages to the same pertaining for the clearing or unloading of ships and boats of their goods and merchandises, except such waste grounds as lie between the proper lands and inheritance of the said complainant and the said River of 'Torridge' just before the said complainant's lands between them and the said River, and not the waste lands lying between the lands of any other person and the said River And these defendants do not know or believe that the complainant is entitled or hath a right as Lord of the Manor aforesaid by the custom of the same upon the death of every free tenant or customary tenant dwelling within the said Manor to have for and in lieu of an heriot his best beast or best good or three pounds in lieu thereof at his election, or upon the death of every free tenant dwelling without the said Manor to have an old bushel of wheat, or that the relief due unto the lord of the said Manor by the custom thereof upon the death or alienation of any Lord by any free tenant is as much money as the yearly rent which the tenant pays unto the Lord for the same neither was or were any such pretended payments or payment exacted by any former Lords or Lord of the said Manor except the said complainant's father and himself that ever these defendants knew or heard of; and these defendants believe the complainant may be entitled to all the perquisites privileges, duties and advantages which are of ancient right due and which have been by the custom of the said Manor time out of mind paid or allowed to any former Lord or Lords of the said Manor, and these defendants further say that they do believe that it was and is the ancient and constant custom of the said Manor for the Lord and Lords of the same to keep a certain measure or bushel called a water bushel within the said Manor for the measuring of salt, culm, coals and the like, which ships of other vessels that come there to discharge and unload their cargo did or might measure out and sell the same by, but that any other person or persons might without leave of the said Lord keep any lawful bushel or measure besides within the said Manor for that purpose. And these defendants do not know or believe that for that or any other reason or reasons the Lord or Lords of the said Manor have by the custom thereof constantly had one bushel of the cargo out or every vessel unloading the same or any part thereof within the said Manor, and these defendants do not know or believe that the former Lords of this said Manor have all along constantly enjoyed the privileges and wastes aforesaid or the bushelage in manner as in the Bill alleged without any interruption or denial and these defendants believe that some of the former Lords of the said Manor have, and that the complainant now does keep a bushel for the purposes in the Bill alleged and have set up and pretended as the complainant now doth pretend to such a custom of bushellage within the said Manor as in the Bill is set forth but the defendants believe and hope to prove that the same is not the ancient and usual custom of the said Manor but only an innovation set up and introduced by the complainant and other Lords of the said Manor, and these defendants deny that they or any or either of them are tenants or tenant of or inhabitants or an inhabitant within the said Manor otherwise than as in their said former answer is set forth; And these defendants deny that they endeavour (to their knowledge or belief) to destroy the ancient custom or rights within the said Manor whereby the complainant is to have any privilege or benefit; And these defendants confess they did and do refuse to pay bushellage to the complainant as in the Bill is mentioned And these defendants deny that they ever threatened to set up a bushel of their own thereby not only to serve their own vessels and ships with that to come in and break bulk and unload within the said Manor but for any other vessels belonging to any strangers and these defendants do not know that the reason why they are exempt from payment of duties in any ports or places abroad is upon account of their customary payments at home or that it was for that reason that the former Lords of the said Manor or any other procured such privileges and exemptions for the tenants and inhabitants of the said Manor and these defendants do not know that by the ancient customs of the said Manor nobody ever did, could or ought to keep any bushel within the said Manor for the purposes in the Bill mentioned besides the Lord or Lords for the time being or without his or their licence or grant for that purpose, And these defendants do not know or believe that the said wastes and waste ground in the Bill mentioned have always without question or denial been enjoyed by the complainant or the former Lords of the said Manor but these defendants say that they believe and hope to prove that the same or the greatest part thereof have always belonged and still do belong unto these defendants and others, the inhabitants and land-holders of the said Parish and others, and not to the Lord of the said Manor and these defendants further say that they and all those under whom they claim and whose estates they have (as they doubt not but to prove) have time out of mind enjoyed the liberties and privileges they now claim of loading, unloading and landing their goods within and upon the said waste grounds without paying anything to the Lord of the said Manor for the same And that the duties and payments claimed by the complainant if they have at any time been paid was an infringement or these defendant's rights and exacted and extorted of late times by menaces and threats and other undue practices from such persons as we not able to willing to vindicate and assert their rights and these defendants do humbly insist that they ought not to be bound thereby, and these defendants deny all and all manner of combination in the Bill charged without that that(sic) any other matter or thing material or effectual in the law for those defendants or either of them to make answer unto, and not herein and hereby or by the said defendants former answer to the said complainant's Bill sufficiently answered unto, confessed and avoided, traversed or denied, is true to the knowledge of these defendants or either of them, or which they are ready to aver, maintain and prove as in their former answer they have already said, And as this honourable Court shall award and humbly pray (as formerly) that they may be from hence dismissed with their reasonable costs in this behalf sustained.

Note in Latin, which reads: This answer was received on the oath of the defendants at Appledore in the County of Devon on 3rd day of July in the ninth year of the reign of Queen Anne A.D. 1710.

Signed: Giles Lawsey [Cawsey?], Lewis Gregory, Thomas Abbott.
John Jeffery, Richard Vernan, John Deane, William Browning.

 

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Document 4:

The several answer of Thomas Vernam, one of the defendants to the Bill of Complaint of Roger Melhuish, esquire, Complainant.
This defendant now and at all times hereafter saving and preserving to himself all and all manner of benefit and advantage of exception to be any wise had or taken to the manifold uncertainties, insufficiencies, errors and imperfections in the complainant's said Bill of Complaint contained for answer thereunto of so much thereof as materially concerneth this defendant to make answer unto as he is advised, He answereth and sayeth that he does not know or believe that the complainant as Lord of the Manor of Northam in the Bill mentioned or otherwise is entitled or hath a right to all or either of the waste ground in the complainant's Bill particularly mentioned and described or to any profits or advantages to the case appertaining for the clearing or unloading and ships and boats of their goods and merchandise except such waste grounds as lie between the proper land and inheritance of the said complainant and the River of Turridge just before the said complainant's lands between them and the said river and not the waste lands lying between the lands of any other person and the said river And this defendant doth not know or believe that the complainant is entitled or hath a right as Lord of the Manor aforesaid by the custom of the same upon the death of every or any free tenant or customary tenant dwelling within the said Manor to have for and in lieu of an heriot his best beast or best good or three pounds in lieu thereof at the election or choice of the said Lord or that upon the death of every free tenant dwelling without the said Manor to have an old bushel of wheat or that the relief due unto the Lord of the said Manor by the custom thereof on the death or alienation of any land by any free tenant in as much money as the yearly rent which the said tenant pays unto the Lord for the same neither was or were any such pretended payment or payments exacted by any former Lord of Lords of the said Manor except the said complainant's father and himself that every this defendant knew or heard of this defendant believes the complainant may be entitled to all the perquisites, privileges, duties and advantages which are of ancient right due and which have been by the custom of the said Manor time out of mind paid or allowed to any former Lord or Lords of the said Manor and this defendant further sayeth that he doth believe that it was and is the ancient cust and constant custom of the said Manor for the Lord and Lords of the same to keep a certain measure or bushel called a "water bushel" within the said Manor for the measuring of salt, culm and coals and the like commodities and a Winchester bushel for measuring of corn and grain which ships or other vessels that come thither to discharge and unload their cargoes did or might measure out and sell the same by but that any other person or persons might without leave of the said Lord keep any other lawful bushel or measure within the said Manor for that purpose and this defendant does not know or believe that for that or any other reason or reasons that the Lord or Lords of the said Manor hath by custom thereof constantly had one bushel of the cargo out of every vessel unloading the same or any part thereof within the said Manor and this defendant doth not know or believe the former Lords of the said Manor have all along constantly enjoyed the privileges and wastes aforesaid in manner as in the Bill is alleged without any interruption or denial and this defendant believes that some of the former Lords of the said Manor have and that this complainant doth now keep a bushel for the purposes in the Bill alleged and have set up and pretended as the complainant doth now pretend to such a custom of bushellage within the said Manor as in the Bill is set forth but this defendant hopes that it will be proved that the same is not the ancient and usual custom of the said Manor but only an innovation set up and introduced by the complainant and other Lords of the said Manor and this defendant doth deny that he is a tenant of or an inhabitant within the said Manor but is an inhabitant of and within the said Parish of Northam at large, neither doth he, this defendant, hold any lands or tenements belonging to the said Manor or pay any rent or duty to the said Lord of that Manor for any messuages, lands or tenements. And this defendant doth deny that he doth endeavour to his knowledge to destroy the ancient customs or rights within the said Manor whereby the complainant is to have any privilege or benefit. And this defendant doth also deny that he ever he did refuse to pay bushellage to the complainant as in the Bill is pretended by the complainant although this defendant has been credibly informed that no such bushellage is due to the said Lord of the Manor unless the person or persons bringing salt, corn, grain, coals, culm or the like commodities thereto unload the same did, doth or do make use or the said Lord of the Manor's bushel for measuring out of such cargoes And then the same was and is only a Winchester bushel for corn and grain and not a water bushell as this defendant verify believes and hopes to prove and this defendant doth deny that ever he threatened to set up a bushel of his own therewith not only to serve the vessels and ships wherein he was concerned that came in and broke bulk and unloaded there within the said Manor but for any other vessel belonging to any stranger neither did he, this defendant, when here to for the Lord of the said Manor or his water bailiff did demand of this defendant a bushel of his cargo refused to pay a bushel thereof for the use of the said Lord of the Manor's bushel if he, this defendant, made use of the same and this defendant believes that no such bushellage is due to the said Lord of the Manor unless his bushel be made for the measuring out of such cargoes and this defendant doth not know that the reason why he is exempt from payment of duties in any ports or places abroad is upon account of any customary payments at home or that it was for that reason the former Lords of the said Manor or any other procured such privileges and exemptions for the tenants and inhabitants of the said Manor and this defendant doth not know that by the ancient custom of the said Manor nobody ever did, could or ought to keep any bushel within the said Manor for the purposes in the Bill mentioned besides the Lord or Lords for the time being or without his or their licence or grant for that purpose. And this defendant doth not know or believe that the said wastes and waste grounds in the complainant's Bill mentioned and described have always without question or denial been enjoyed by the said complainant or the former Lords of the said Manor but this defendant sayeth that he verily believes and hopes it will be proved that the same or the greatest part thereof have always belonged and still do belong to the defendants in this cause and to them whose estates they now have and to the other inhabitants and land-holders of the said Parish of Northam others and not to the Lord of the said Manor. And this defendant further sayeth that they the said inhabitants and land-holders and all those unto whom the claim and whose estates they now have as he doubts not that will be proved have time out of mind enjoyed the liberties and privileges that they now claim of loading, unloading and landing their goods within and upon the said waste grounds without paying anything to the Lord of the said Manor for the time being for the same and that the duties and payments claimed by the complainant if they have at any time been paid was an infringement of the said defendant's and others rights and exacted and extorted of late times by menaces and threats and other undue practices from such persons as were not able or willing to vindicate and assert their rights. And this defendant does humbly insist that the defendants in this cause ought not to be bound thereby and this defendant further sayeth that he doth believe and hath heard that the complainant is seised in fee or otherwise entitled to the Manor or Lordship of Northam in the Bill named but sayeth that he hath heard and also believes that the said Manor doth not take in or comprehend all or the greatest part of the said Parish of Northam nor above an 8th part thereof or thereabouts and have also heard and believes that the said Manor itself consists of ancient demesne lands and some lands of the tenure of "Burrough English" and some freehold lands and this defendant hath heard and believes likewise that several messuages and tenements in frank fee (according to the common law) have been purchased by former Lords of the said Manor and added to the same or enjoyed therewith and that the same may have been endeavoured to be made subject to the same services though not really parcel of the said Manor and this defendant sayeth that he knows not what grants, patents and charters have anciently been made or given by the Crown touching or concerning the said Manor but sayeth that he hath heard and believes and hopes that it will be proved that all the inhabitants of the said Parish of Northam whether tenants or not tenants of or within the said Manor have from time to time beyond all memory had and enjoyed the diverse privileges, exemptions and immunities in diverse matters as well relating to and concerning trade at sea as at land and particularly the privileges of being free of anchorage, keelage, toppage, moorage, bushellage and such like duties not only within the towns of Barnstaple and Bideford and within the said Manor as this defendant hopes will be made appear but in all other places within that part of Great Britain which is called England and also in Waterford and many other places within the Kingdom of Ireland but by what means the said custom and prescription of freedom or exemption first began and hath been since continued this defendant knows not and this defendant further sayeth that he doth not know or believe that the said complainant as he is Lord of the said Manor or otherwise is by custom of otherwise entitled or hath the right to perquisites and privileges, heriots, reliefs, forfeitures, dues, duties, customary payments, royalties, profits, commodities, advantages, waste and waste places mentioned in the said complainant's Bill and by him pretended unto but on the contrary this defendant sayeth that he hath heard and doth believe that Thomas Melhuish, esquire, deceased, late father of the complainant was seized in fee of some lands in the said Parish of Northam before he purchased the said Manor and that such lands were not parcel of the said Manor and that the said Thomas Melhuish purchased the said Manor of Northam of and from one Sir Thomas Berry, knight and that after such purchase made the said Thomas Melhuish in order to increase the profits thereof and invade the rights and privileges of his tenants and the other inhabitants within the said Parish did attempt to innovate customs against the rights and liberties which he himself as this defendant hath heard and verily believes had before avowed, maintained and justified against the said Sir Thomas Berry when he was Lord of the said Manor before the said Thomas Melhuish purchased the same and this defendant also sayeth that the former Lords of the said Manor did never enjoy the privileges and waste grounds pretended to by the complainant or either of them to his knowledge or belief or that he ever heard of. And this defendant further sayeth that the ship or vessel called the William and John whereof are and were part owners the defendant John Jeffery and this defendant Thomas Vernam and whereof this defendant was also master and the ship or vessel also called the Providence whereof the defendant John Griffey was master and the ship or vessel called the John and Mary whereof the defendant William Browning was or is part owner and one John Nichols master lately before the exhibiting of the complainant's Bill was brought within the creek of Appledore aforesaid but not within the said Manor to this defendants knowledge or belief and there broke bulk and unloaded or landed coals, culm and other goods, merchandises and commodities which this defendant and the said other defendants or some of them or their agents sold by their own measures or such as they procured without making use of the bushel or measure pretended to be kept by the complainant for that purpose and this defendant doth humbly insist they might lawfully so do and they ought not to be compelled to pay bushellage to the complainant for the same and this defendant doth confess that he this defendant perceiving lately that the complainant did design to impose upon the land-holders in the said Parish and all persons resorting thereto unlaid their goods by demanding and taking by his water bailiff or servant 14 gallons for a bushel of the corn and grain there unloaded when as the Winchester bushel which is the bushel to which the said Lord of the Manor is entitled if any contains but eight gallons and as this defendant hath heard and verily believes was the bushel which was formally made use of by the said present and the said former Lords of the said Manor when any bushellage was taken of such corn or grain that therefore and by reason of the other unjust demands of the said complainant he this defendant and the said other defendants in this cause together with some other persons did agree and have agreed to join in the defence of this suit for the common benefit of the land-holders and inhabitants of the said Parish of Northam against the complainant's unjust encroachments and innovations as this defendant is advised and humbly hopes was and is lawful for them to do and this defendant does deny all unlawful combination and confederation by the said Bill charged against him the defendant without that any other matter or thing in the complainants said Bill of Complaint contained material or effectual for this defendant to make answer unto and not herein and hereby well and sufficiently answered unto confessed or avoided traversed or denied is true to the knowledge of this defendant. All which matters and things this defendant is ready to aver maintain and prove as this honourable Court shall award and humbly prays to be hence dismissed with his reasonable costs and charges in this behalf sustained.

Signed: Thomas Vernam

Received at Torrington on 10th February in the ninth year of Queen Anne (1711).

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