Description:

John Price senior v. Christopher Price and his wife Margaret, Jane Cooke, widow, John Price, of Walterstone (Hereford). Estate of John Price, formerly of Walterstone (father of defendant John), including a freehold and copyhold estate in the manor of Ewyas Lacy, in the township of Llanveynoe, in the parish of Clodock called " Pont y Moody," & c. Mortgages, & c. Hereford.           Date: 8 Anne.   8th March 1709  to 7th March 1710.

Transcription by Arthur Price, reproduced with his kind permission.

[Six pages of easy to read text]

[Page 1]

Inquerrys to be adjudicated to witnesses to be produced sworn and examined in a cause depending at issue in Her Majesty’s Court of Exchequer at Westminster between John Price Gent of the Parish of Michaelchurch Escely in the County of Hereford Complt, and John Price of Walterstone in the said County of Hereford Gent, John Price of Lenveynoe in the said County Yeoman, and Jane Cooke widow one of the daughters and Coheiress of James Morgan Esq descd and Christopher Price Esq and Margaret his wife the other daughter and Coheiress of James Morgan Defendts on the pte of the Defendts in the said cause.

Impris doe you know the Complt and Defendts in this cause or any and which of them? And did you know John Price (father of the Defndt, John Price of Walterstone) James Price (brother of the said Defendt), James Morgan Esq and Sibill Price Widdow all decd or any and wch of them?

(2) Item was the deede or deedes writeing or writeings now showed unto you sealed and delivered anWalterstone, d by whom, and were you a witnesse to the sealeing and delivery there of, and is your name subscribed or indorsed as a witnesse thereunto of your own handwriting  and wether have you been acquainted  wth the handwriting of the said pty or ptys or witnesses to the said deed or deeds writing or writeings or any and which of them and wether doe you verily believe the names of the said pty or ptys or witnesses to the said deede or deedes writeing or writeings or any and which of them to be theire  own handwriteing?

(3) Item doe you know the Mannr or Lordshippe of Ewyas Lacy in the County of Hereford and the agent or former Lord or Lords thereof and how long have you knowne the same? Doe you know the method and usage of granting and surrendering of copyhold estates there and of being admitted tenants in pursuance to further grants or surrenders, and for what lives and dureing what termes are further customary or coppyhold land there generally granted, are the coppys of court rolls now showne unto you true coppys of the Court Rolls of the said Mannr. And doe you know the handwriting of the respective Steward or Stewards there for these forty or fifty yeares past or how long? Doe you verily believe the names of the said Steward  or Stewards  (subscribed to or attesting the said coppys of Court Roll) to be theire owne proper handwriting? Are the acquittance or acquittances receipte or receiptes  now shown unto you or the name or names subcribeing the same of the proper handwriteing of the  signaturee  or  signaturees  for subscribeing such receipts or aquittances?  Declare the truth  wth  the reasons  of your knowledge or beleife thereof.

(4) Item  doe you know that the said John Price (Father of the Defendt John Price of Walterstone) was in his life time and how long seized in Fee Simple Teile or otherwise of any and what  Freehold  and  Coppyhold lands and tenemts  where doe the said lands lye and of what yearely value are they? By what Lord or Lords and for how many  and what lifes were the said Coppyhold lands granted to the said John Price the Father?  Were the said Freehold and Coppyhold lands ever conveyed or surrendered by way of mortgage or otherwise by the said John Price the Father to the said Sybill Price; when upon what account or consideration were the same soe conveyed or surrendered to her and how long did she hold the said lands; was she admitted tenant to the said copyhold lands upon such surrender during the remainder of the lifes present in the said coppy and when did the said coppy expire or determine how and in what manner? Declare the truth [?].

(5) Item doe you know whether the said mortgage money or any pte thereof was paid to the said Sibil Price in her life time or to her execrutr after her death? When by whome and out of whole proper money was the same soe paid and when did she dye? Doe you know of any new Grant of the said Coppyhold lands made to the said James Morgan Esq when, by whome, for how many lifes, upon what consideration and by whose consent was further grant made? What fine did he pay upon further new grant, was the same paid by him out of his own proper money, and was he admitted tenant by the Steward of ye sd copyhold estate, and did he receive the rents and profits thereof and how long was the said James Price in his lifetime ever seized of or admitted as tennt, to the sd copyhold estate by the Steward of the said Manor, when did the said James Price dye and who was his executor and the executive of the said James Morgan? Doe you know of any and what debts or fines of money that were owing by the said James Price to the said James Morgan or any other [?issue] or […]? What did the same in the whole amount unto? Who was charged wth the said debts and who did pay or service the same to be paid, when, where, and to whom were the saiddebts paid or serviced? Declare the truth [?]

(6) Item doe you know of any surrender or grant made of the said copyhold estate to the said Defendt  John Price of Walterstone? when, where, by whom, and upon what amount was such surrender or grant made? Was the said Defendt  regularly admitted tenant by the Steward of the said Mannr of Ewyas Lacy to the said Coppyhold lands, for what estate or for whose lifes were the said lands for granted upon for surrender to the said Defendt and are they and wch of  them now alive or in being?

(7) Item  doe you know the lands called Ynnis Moore in the Complts   bill mentioned, who holds and occupys the same and of whom are the same for holden and under what rent and by what terms and how long hath the present occupier held the same?

(8) Item doe you know any suite or [?] suites or [?] at law any time before and when commenced and presented by the Complt  for recovery of the saidFreehold or copyhold lands against the said defendt  John Price of Walterstone or his issue, where were the said cause or causes tried, and who had a verdict upon further tryall? How many, where, and in what court or courts are further action or actions brought, and are the same still depending?

(9) Item doe you know of any other matter or thing wch  may make for the profit and advantage of the defendts  in this cause or causes?

[witnessed] Will. Lewis, Tho. Wisherton, Tho. Price, R. Harries. Jno. Floyer

[Page Two]

Depostitions and sayings of Witnesses taken upon oath the Fith day of October in the eighth year of the reign of our Sovereign Lady Anne Queen of Great Britain et Anno Dom One thousand and Seven hundred and nine at the dwelling house of Henry Mayes situate in the Citty of Hereford and commonly called and known by the name or sign of the Green Dragon by virtue of a Common Court of her Majesties Court of Exchequer to us Thomas Witherston Thomas Price and William Lewis gent and alsoe to one Robert Harrys gent. directed for the examicon of Witnesses  in a Cause depending in the said Court wheriin one John Price the Elder is Clt, Christopher Price Esq and Margaret his wife, Jane Cooke and John Price are Deffts.

JAMES WATKINS of the Township of Llanveynoe in the Parish of Clodock in the county of Herford Gent aged seaven and Forty years and upwards a witness sworne and Ex’med on the Complts behalfe despotheth as followeth.

To the First Inqerry this Depont saith that he knoweth the Complt and the Defdt John Price but knoweth not the other Defds And this Depont further saith that he did know John Price Dec’d Father of the Deft John Price in his lifetime and did alsoe know James Price deceased the eldest son of the said John Price deceased and Brother by the half blood to the Deft John Price.

To the Second, Third and Fowerth Inquiry this Depont saith he verily believes and have been nedibly informed and it has been esteemed that John Price dec’d the Defdt John Prices Father was seized or pos’sed at the time of his death of and in one Messuage or tenement situate lying and being in the Township of Lanveynoe in the Parish of Clodock in the County of Hereford called or known by the name of Pont y Moody with several parcells of meadow, pasture, wood and arable lands to the same belonging lying in the said Parish of Clodock of the yearly value of about Twelve pounds to the best of this Deponts judgemt and the same lands as this Depont has been needibily informed believes and are some part Freehold and some part Coppyhold lands and are the premises in question as this Depont believes and this Depont  further saith  that he hath heard and believes that the said premises in question were heretofore mortgaged by the said John Price Deceased the Father of the Defdt  John Price to one Sible Price Widdow for securing the sume of one hundred pounds or thereabouts and this Depont  saith that after the death of the staid John Price the Defdts John Prices Father the said Sible Price tooke  and used the Rents issues and profits of the said Messuage lands and premises as Tennants to James Price the Eldest brother of the Defdt John Price And this Depont saith that between the year of our Lord God one thousand six hundred ninety and six so this Depont was present and in company with the said James Price deceased and one John Price who was son and heir and also xxxxx Executor of the said Sibble Price when they were discoursing about the said Mortgage moneys due to the said Mortgage made by the said John Price the Father deceased to the said Sibble Price and accounting together about the Rents and Profits had and rec’d by the said Sibble Price and the said John Price her son of the messuage and lands wch they both hold of the said James Price deceased and this Depont saith that the said James Price did then pay unto the said John Price the son and executor of the said Sibble Price the sum of Fifty pounds or thereabouts which with the Rents and Profits of the said Messuage and lands soe held and enjoyed by the said Sibble Price and John Price  her son did pay and discharge all the principall money and interest then due on the said Mortgage And this Depont alsoe further saith that at that time after the said accounts were settled and the said moneys paid to the said John Price the son of the said Sibble by the said James Price soe the said John Price the son of the said Sibble did seale and execute a Release of all his Title clayme and demand whtsoever of  in and to the said Mortgaged premises  to the said James Price  deceased and the said James Price did sign a receipt or discharge to the said John Price son of the said Sibble for all rent due for the said premises  And this Depont alsoe further saith that he doth verily believe that James Morgan  Esq deceased  in the third inquiry  named did act as a Guardian for the said James Price during his minority And did take some new grant or Estate during the time of his guardianship of the Copyhold premises in question from one of the Lords of the Manor of Ewas-lacy or his Steward and paid a Fine for the same to the said Lord of the said Manor or his Steward And this Depont saith that he was p’sent and did see the paper writing now p’duced unto him purporting articles of agreem’t and bearing date the Tenth day of May in the Thirteenth year of the reign of our late Sovereign Lord King William the Third And made between the said James Morgan on the one part And one John Price Executor of the said Sibble Price on the other part signed sealed and executed by the said James Morgan And he this Depont as well as several others as were then p’sent  did subscribe their names as a witnesses thereunto And saith that  the name James Watkins thereunto subscribed as a witness is the very hand writing of this Depont And this Depont also saith that he did see the said James Morgan subscribe his name to the receipt or acquittance wrote on the back of the said Articles And this Depont saith that he this Depont with others did subscribe his name as a witness to the receipt or acquittance wrote on the back of the said articles and that the name James Watkins indorsed on the back of the said articles under the said acquitance is the proper handwriting of this Depont And at that time did hear the said James Morgan declare and say that he was then paid and satisfied the moneys that he had paid and expended about the Coppy at Long Town And saith that the five and forty pounds mentioned in the receipt indorsed on the back of the said Articles were then paid by the said John Price to the said James Morgan.

HENRY SYMONDS of the Parish of Clodock in the Coutnty of Hereford Yeom’ aged sixty fower years or thereabouts a Witness Sworne and Exm’ed on the Complts behalfe Despotheth as followeth.

To the First inquiry this Depont saith that he knoweth the Complt  and the Deft John Price and did know John Price and James Price both now deceased in their life times being the Father and Brother of the Deft John Price but can not now remember how many years it is since the said John Price  the Father  or James Price  or either of them dyed.

To the Second and Fifth inquiry this Depont saith that he knoweth the lands and premises in Qu’ion part being Freehold part being Coppyhold lyeing and being in the Mannor of Ewyas Lacy and that after the death of James Price in the first Inquiry named he this Despnt as Head Baliffe to The Right Hon’ble the Lord of Abergavenny Lord of the said Manor of Ewyas Lacy  did after the death of the said James Price receive from James Morgan Esq the sume or fower pounds as due to the Lord of the said Manor for two Herriots from the premises in Qu’on upon the death of the said James Price but sayeth that he knoweth not what goods or chattells the said James Price dyed possessed off or what his inventory amounted unto.

THOMAS PRICE of the Parish of Clodock in the County of Hereford Gent aged forty five years and upwards a witness sworn and exam’ed on the Complts behalfe desposeth as followeth.

To the First inquiry this Depont  sayeth that he knoweth the Complt and the Deft John Price and did know John Price and Margaret his wife in this inquiry named in their life times  and did know their eldest son James Price now also deceased in his life time but sayeth he doth not now remember how many years it is since the said John Price the Father or Margaret his wife  or the said James Price  their son dyed but sayeth that to the best of his rememberance the said James Price dyed at a place called Trerew and this Depont saith that the Complt Father  one Arnold Price was Brother to Thomas Price who was the Grandfather of the said James Price deceased.

 
To the second and third  inquerries this Despont  saith that  John Price deceased the Deft John Price’s Father before and at the time of his death was seized and possessed of a freehold and copyhold estate lying in the Manor of Ewyas Lacy  in the Town’pe of  Llanveynoe in the parish of Clodock in the said County of Hereford of the yearly value of twelve pounds being the premises in que’on and this Depont saith that Sibble Price his Mother rented the said premises in que’on of John Price deceased the Defts John Price’s Father at the yearly rent of twelve pounds and rented the same and was in possession thereof at the said John Price’s decease and this Depont saith that after the death of the said John Price the Father of the Deft John Price one James Morgan Esq made some clayme to the said premises in que’on as Guardian to the said James Price deceased who was then an infant at the death of the said John Price his Father and hath heard and believes that after the death of the said John Price the Father of the said James Price the said James Morgan did receive and take the rents and profits of the said premises in que’on or part thereof during the minority of the said James Price but doth not now remember that he ever saw the said James Morgan receive any money for the rent of the said premises  And this Depont saith that John Price the Father of the said James Price deceased and of the Deft John Price did borrow of Sibble Price Widdow this Deponts  Mother the sume of one hundred pounds and for servicing the paymt  of the same to her again with interest did convey  and surrender his said estate being freehold and copyhold lands lying and being in the said Mannor of Ewyas Lacy to her the said Sibble Price and saith that after the death of the said Sibble Price that John Price her eldest son became entitled to the money due on the said mortgage and believes that by possession of the rent of the said premises in que’on he was paid some part of the said mortgage moneys but how much the remainder of the said mortgage money was paid  and satisfied to this Deponts said Brother John Price knows not And this Depont saith that after the death of the said John Price the Father of the said Deft John Price his said Mother Sibble Price about fifteen years agoe or more went to one Mr Hugh Harris being the then Steward of the Court of the Mannor of Ewyas Lacy  aforesaid to agree with him for a fine to surrender the said Coppyhold premises in que’on to her for the securing of her mortgage money the lives that were in the said Coppy when the said surrender was made by the said John Price deceased  to the said Sibble Price being then all dead But the said Mr Harris the Steward refused to make a grant to his this Deponts said Mother of the said premises when she came into Court notwithstanding  as this Deponts said Mother told him this Depont that the said Mr Harris had agreed with her before to surrender the same to her at the next Court to be holden for the said Mannor upon the payment of a fine of Forty pounds or thereabouts And this Depont saith that he and his said Mother did accordingly go to the next Court Leet hold for the said Mannor and tooke the money with them to pay the said Fine  and that after the said Steward Hugh Harris had taken out of this Deponts hand the surrender that was made to the said John Price deceased  to the said Sibble Price  his Mother So the said Mr Harris the Steward did notwithstanding his agreement made with the said Sibble Price as aforersaid Roll about a stick he had there the said surrender that was made to this Deponts said Mother And the said James Morgan Esq being then in Court and an acquaintance of the said Steward the said Steward Mr Harris did grant or surrender the said Coppyhold premises in que’on to the said James Morgan for the use of the said James Price deceased

WILLIAM PERKES of the Parish of Ewyas Harold in the County of Hereford Carpenter aged  Sixty years and upwards a Witness sworn  and Exai’nd on the Complt behalfe despotheth  as followeth

To the first inquiry this Depont saith that he knoweth the Complt and the Deft John Price of Walterstone And did also know John Price deceased the Father of the said Deft John Price and James Price the eldest son of the saidJ ohn Price also deceased in their several lifetimes but cannot now sett forth hoe long it is since either of them both dyed but saith that to the best of his rememberance  the said James Price about the time of his death lived at Mr James Morgan’s at Llancilioe and was never marryed as this Depont believes he dyed a bachelor

To the Third inquiry this Depont saith some short time before the death of the said James Price he this Depont was employed by him the said James Price to repair some part of the outbuildings at his the said James Price’s Farme called Ponty Mudy in the parish of Clodock in the County of Hereford the said buildings being then much out of repair and ready to part by reason some of the building beams and principal pieces of timber were broke and slipped out of their plates and this Depont saith that he did repair the said buildings at the said James Price’s request And saith that the said James Price satisfied him this Depont for the said work

SAMUEL WATKINS  Vicar of the Parish of Llantillio Crossenny in the County of Monmouth aged Seventy years or thereabouts a Witness sworn and Ex’med on the Complts behalfe as followeth.

To the first inquiry this Depont saith that he knoweth the Complts and the Defts and hath known them for many years last past And this Depont saith that he did know and was well aquainted with John Price the Father of the s’d Deft John Price in his life time and for many years before his death did alsoe know Margaret the first wife of the said John Price deceased in her life time and for many years before her death And saith that the said Margaret departed this life in the month of April in the year of our Lord  One Thousand Six Hundred Seaventy and Seaven at a place called Kymle in the Parish of Llantillio Crossenny aforesaidand was buried by him this Depont in the Parish Church at Llanttillio Crossenny aforesaid on the Twenty Ninth day of April in the year of our Lord  One Thousand Six Hundred Seaventy and Seaven And this Dcpont further saith that at the time the said Margaret  was buried he this Depont  did enter the same in the Register booke of the saidParish of Llantillio Crossenny And also saith that the Paper writeing now p’duced unto him this Depont  at the time of his exai’acon purporting a Certificate of the time of the burial  of the said Margaret Price and to w’ch this despont hath subscribed his name being now as well as at the time of the said Margaret Price’s death Vicar of the the said Parish of Llantillio Crossenny is a true coppy of the entry in the said Register booke  of the said Parish of Llantillio Crossenny And this Depont  alsoe further saith that he did know and was well acquainted for many years with James Price in this inquiry  named in his life time and that he was the eldest son of the said John Price deceased by the said Margaret his wife and saith that the said James Price was never marryed as he verily believes and that he dyed several years ago in the parish of Llantillio Crossenny but that he was buried in the Parish Church of Llanvetherin in the County of Monmouth as this Depont has been needibly informed and verily believes And  this Depont further saith that the Complt John Price is the eldest son of one Arnold Price deceased who was the brother of one Thomas Price deceased who was the Father of the said John Price deceased and the Grandfather  of the said James Price deceased and saith that the said James Price deceased had several sisters by the same Father and Mother but they all dyed whilst they were young and without any issue And this Depont saith that the said John Price the Father of the said James Price dyed in the  parish of Walterstone in the County of Hereford several years ago.

[Page Three]

JAMES SPRINGETT of Grosmont in th County of Monmoth Esq a witness produced sworne and exaimined on the Defdts behalfe despotheth and sayth as followeth

To the first inquiry this Depont saith that he knows the Complt and Defdts and did know John Price deceased Father to the Defendt John Price of Walterstone in that inquirrie named and did likewise know James Price half brother and James Morgan, Esq in their respective life times but was not aquainted with Sibble Price

To the second and eighth inquerries this Depont saith that the parchment writeing now produced to him at the time of his examination purporting a release bearing date the tenth day of November one thousand six hundred and eighty made between John Price late of Clodock in the County of Hereford and now in the Parish of Llantillio Crosseny  in the County of Monmnouth  Gent  of the one part and James Springett of the parish of Grosmont in the saidCounty of Monmouth  Gent and Lewis William of Bergavenny in the County of Monmouth Gent  on the other part in consideration of a marriage already solemnised between John Price and Margaret his wife as touching the lands and uses mentioned in the said deed this Depont refers himself to the said deed he verily believes he was presentt at the sealing and delivery of the saiddeed by  John Price deceased because the name James Springett thereon endorsed as a witness is the proper handwriting of this Depont  and that the name Thos’ Springett likewise endorsed  on the saiddeed as a witness is the proper handwriting of his late father Thomas Springett dec’ed and as to the other witnesses likewise endorsed on the saiddeed  by the name of John Parry Junior is the proper handwriting  of the said John Parry  because he was this Deponts school fellow for some time but can give no account of the markes of James Morgan of Rowlestone and Thomas Williams of Grosmont  endorsed as witnesses to the due execution of the said deed and this Depont   further saith  that he is noe wise  interested  or claims any right or title  to the lands in the said deed mentioned only that his name is therein made use of as a  trustee

JUDITH CHARLES of Pont y Muddy in the County of Hereford Widdow aged about fifty years a witness produced sworn and exaimined on the defendts behalf despotheth as followeth

To the first inquiry this Depont  saith that she is aquainted with the Complt and Defendts  and did know John Price in his life time Father of the Defendt John Price of Walterstone for that he was her husband and did know James Price James Morgan Sibill Price deceased in their respective life time

To the fourth inquirrie this Depont  saith that she has been informed  and has heard several say  that her late husband John Price was the last life mentioned in the surrender of the copyhold lands in question and this Depont further saith that her husband died in or about the year one thousand six hundred and eighty five.

JOHN ROBERTS  of the town of Bergavenny in the County of Monmouth  Esq aged about fortyeight years a witness produced sworne and examined on the Defendts  behalfe desposeth and saith as followeth

To the first inqerrie this Depont  saith he is not well aquainted with the Complt but is well aquainted with the Deft John Price of Walterstone Jane Cooke Christopher Price and Margaret his wife and did know John Price Father of the said Deft John Price of Walterstone James Price brother of the said Deft James Morgan Esq all severally in that inqerrie  named in their respective lives time and has seen Sibill Price

To the second sixth and ninth inqerries this Depont  saith that he lent the said James Price the sume of sixty five pounds on or about the thirtieth of October one thousand  six hundred and ninety six and for the payment thereof to this Depont  the said James Price duly sealed and delivered a bond of the penalty of one hundred and thirty pounds unto this Depont  bearing the date the said thirtieth of October one thousand  six hundred and ninety six conditional for the payment of sixty five pounds and interest on the thirtieth of April next ensuing the date of the said bond which said bond was attested by Jam: Morgan Jo: Williams as witnesses but for more certainty refers himself to the said bond now produced to him att the time of his examination and sayeth the sixty five pounds was the proper debt of the said James Price and was paid this Depont  some time after the decease of the sd James Price and this Depont  further saith that he verily believes he was desired by Madam Eleanor to goe and carry the sume of forty pounds to Mr Charles Morgan of Bergavenny monier in order to take up and discharge a bond of the penalty of eighty pounds bearing date the eighth day of May one thousand six hundred and ninety seven conditional for the payment of forty pounds and the interest thereof upon the eighth day of November next and pursuant to the said Madam Morgans direction this Depont carried and payd the said forty pounds unto the said Charles Morgan for which he had a receipt which is indorsed on the back of the said bond dated 7ber:14:1705 subscribed Chas Morgan and is the proper hand writeing of the said Charles Morgan which said sume of forty pounds was paid by this Depont   to the said Charles Morgan several years after  the decease of the said James Price itt being the proper debt of the said James Price but for more certainty referrs him  selfe to the said bond and indorsed receipt

ELEANOR MORGAN  of Llantillio Pertholey in the County of Monmouth widow aged about fifty years a witness produced sworne and exaimined on the behalfe of the Defendts behalfe deposeth and saith as followeth

To the second fifth and six inqerries this Depont   saith that James Morgan Esq her late husband did pay the sume of thirty pounds unto Thomas Pritchard of Langattock vibbon Avell for the said James Price deceased about five years since being a bond debt due to the said Thomas Pritchard from the said James Price as appears by a receipt indorsed on the back of the sai dbond June the thirtieth one thousand seven hundred and four and the said bond bearing date the twenty first of April one thousand six hundred and ninety seven attested as witnesses by John Phillips Wm Hughes by his marke but for more certainty referrs her selfe to the said bond and receipt thereon indorsed and this Depont  saith  that since the decease of the said James Morgan the Deft John Price of Walterstone gave this Depont   she being executrix to the said James Morgan a bond for the payment of the said thirty pounds and this Depont   further saith that she did likewise pay the sume of forty pounds principall money unto Jane Morgan spinster which due to her from the said James Price deceased by a bond bearing date the third of April one thousand six hundred and ninety four and was attested by Thomas Addis and John Edmonds but for more certainty referrs her selfe to the said bond and since the Mr Morgans decease he the said John Price gave a bond to this Depont   for the paymenty of the said forty pounds it being the proper debt of James Price deceased and this Depont  verily believes that there was a debt due by bond to John Morris of the Middle Temple Gent  by bond bearing date the seaventh of January one thousand six hundred and ninety one/two of the penalty of two hundred pounds conditional for the payment of one hundred pounds with interest which was paid by this Deponts husband as he informed her and for that she found the said bond concealed amongst other papers of her said husband but referrs herselfe to the said bond And this Depont  further saith that there being due a debt due by bond from the said James Price to Mary Morgan spinster this Deponts   sister in law bearing date the second of April one thousand six hundred and ninety three/four of the penalty of one hundred pounds conditional for the payment of fifty pounds with interest on the second day of August then next which said sume of fifty pounds thereby due was paid about five years since to this Deponts  husband who was executor to the said Mary Morgan by the said John Price and this Depont  further saith that James Price in his life time owed unto Thomas Horton Esq the sume of two hundred pounds for servicing the payment thereof there was a bond given bearing date the fourth of April one thousand six hundred and ninety four for the penalty of four hundred pounds conditional for the payment of two hundred pounds with interest upon the fourth of April then next attested by Jam. Morgan Thomas Addis John Edmonds but for more certainty referrs herselfe to the said bond wch said sume of two hundred pounds was about five years since paid by the Deft John Price unto the said Robert Horton being the proper debt of the said James Price deced And this Depont further saith that the said John Price did pay since the death of the saidJames Price unto one Magdalen a servant maid of the saidJames Price the sume of ten pounds wch  the saidJames had borrowed of the said Magdalen and that there was three pounds likewise due to the said Magdalen for wages at the time of his decease wch was paid by this Deponts husband in his life time to the said Magdalen as he informed this Depont  but this Depont  further saith she has been informed there were severall other debts due from the said James Price at the time of his decease but cannot take upon herselfe to particularize the same And this Depont  further saith that she has heard the Deft Cooke say she had made a surrender of a Coppyhold estate wch the said James Morgan her late father deceased had been possessed of to the Deft John Price towards the payment of the debts of the said James Price  but where or in what parish or Manor it is knows not  wch severall Bonds were showed to this Depont   at the time of her examination And this Depont further saith that she has been informed but by whome knows not that there was paid to my Lord of Bergavenny the sume of Four pounds for a Herriott and alsoe the sume of Four pounds to Mr John Arnold for a Herriott upon the death of the said James Price but by whome they were paid knows not and if they were paid she believes the said Herriotts were paid by this Deponts husband

ROWLAND JENNINGS  of Longtowne in the County of Hereford Gent aged about eight and thirty years a witness produced sworne and exa’ed on the Defts behalf desposeth and saith as followeth

To the first inquiry this Depont  saith he knows the Complt and Defts and was aquainted with James Price the Defts John Price of Walterstone’s brother and James Morgan Esq and Sibble Price in that inquery severally named in their respective lives time

To the second third fifth and sixth this Depont   saith that the parchment writeing now produce to this Depont   at the time of his exa’acon purporting  a Coppy or Surrender bearing date  the eighth day of May one thousand  six hundred seventy and nine made before Hugh Harries Gent Steward of the Mannor of Ewyas Lacy on the part of the Lord of Bergavenny made and surrendered by John Price Gent to the use of Sibble Price of a certain Messuage and land called Tire Maddock ap Evan Heere containing ten acres and a half Welsh measure lying in Lanvino in the Parish of Clodock within the Mannor of Ewyas Lacy and that he was well aquainted with the hand writeing of the said Steward and that the name Hug. Harries Gent and ibid subscribed to the said Coppy is of the proper hand writeing of the said Hugh Harries and this Depont   saith he well knows the Mannor of Ewyas Lacy and the Customs thereof and has soe known it for this twenty years past as alsoe the method and usage of granting or surrendering Coppyhold estates there and manner of admitting tennts there in pursuance of furth grants or surrenders and for what lives and during what terms and saith that the usage and Custome of the said Mannor is to grant surrenders of the Coppyhold estates within the said Mannor for lives only and not otherwise And this Depont   further saith that the paper writeing now produced to this Depont   at the time of his examination purporting a Coppy or minutes of a Coppy or a new taking of James Morgan Esq of the said Coppyhold estate called Tire Maddock ap Evan Hire and in queon’ bearing date the eighth day of October one thousand six hundred and ninety and one before the said Hugh Harries then Steward of the said Mannor of Ewyas Lacy and the name of R Harries subscribed to the said Coppy attested as exam’ed is the proper hand writeing of the said Robert Harries now Steward of the said Mannor And this Depont  further saith that the parchment writeing now p’duced to this Depont   at the time of his exi’acon purporting a Coppy or Surrender made before the said Robert Harries bearing date the sixteenth day of October one thousand Seaven hundred and seaven by the Deft Cooke and Christopher Price and Margaret his wife being the daughters and Coheirs of the said James Morgan deceased of the said Messuage and lands called Tire Maddock ap Evan Hire unto John Price his heirs for the lives mentioned in the said Coppy according to the Custome of the said Mannor and that the name Robert Harries Gent ibud subscribed to the said Coppy or Surrender is of the proper hand writeing of the said Robert Harries And this Depont   further saith that the said John Price was admitted to be one of the Tennants of the said Mannor pursuant to his said Surrender

BENNET DELAYHAY  Gent aged six and forty years and upwards Sollicitor for the Defts  in this cause a Witness produced  and sworne and exam’ed on the part of the Defts deposeth and saith

To the first inquiry this Depont   saith that he doth know the Complt and the Defts in this cause and that he did know all the other parties in the said inqerry named

To the second inqerry  this Depont   saith that the parchment writeing now produced to this Depont   at the time of his exam’on purporting a Lease bearing date the sixteenth day of October in the Eighth year of the Reign of our late Sovereign Lord King William the Third and made between John Jeffereys Esq of the one part and James Price of the other part was sealed and delivered by the said John Jeffereys in the psence of this Depont   and of Gofh Short

[Page  Four]

James Morgan and John Nutt and the name John Jefferys thereonto subscribed is the proper hand writeing of the said John Jefferrys and the several names of this Depont   of Gofh Short Jam. Morgan J. Nutt thereunto subscribed as witnesses are the several and respective hand writeings of this Depont and of the said Gofh Short Jam. Morgan J. Nutt

To the seaventh inqerry  this Depont   saith  that he doth know the  lands called Ynis Moore in that inqerry mentioned that the said lands are now in the occupation of the Deft John Price of Walterstone as Tent at sufferance or at will to Eleanor Morgan Widdow who this Depont   is informed is executrix of James Morgan Deced executor of James Price deced (as this Depont   has likewise been informed) but how long the Deft has held the same this Depont   cannott set forth and for what rent and tenure the said lands are held this Depont  doth referr himself to the said Lease mentioned in this Deponts deposition to the second inqerry before mentioned

To the eighth inqerry this Depont  saith that about Mich’mas terme in the Fifth of the Queen that now is there was an Ejectmt brought in her Maties Court of Common Pleas at Westmter  for the lands and premises now in question and other lands in Walterstone of the demise of the Complt to wch said Ejectmt the Defendts John Price of Walterstone and John Price of Clodock were by rule of the said Court made Defts and pleaded the general issue And this Depont   saith that the said Cause did not come on to Tryall but was by order of Court and the consent of partyes their Council and Attorneys referred but the Referees in the said Cause did not make any Award therein for want of the attendance of the Complt and his Sollicitor And this Depont   further saith that notwithstanding that the said Ejectmt is still depending and at issue and this [?] then alsoe depending the Deft John Price of Walterstone  about the end of May Anno Dom One thousand seaven hundred and eight was turned out of possession of the premises in question (as this Depont  hath been informed) by the Sherriffes Officers upon pretence or colour of a Judgement or Ejectmt and a Writt of pos’sion  obtained by the Complt against the saidDeft upon another Declaration of Ejectmt brought for the premises in Que’on which this Depont  believes the said Price of Walterstone never had any notice of it but that the same was industrously concealed from him  whereby to trick him out of his possession And this Depont further saith  that the said Deft John Price of Walterstone Complaining to the Court of Common Pleas of the abuse aforesaid and applying himselfe thereto for relieve and that he might be restored to possession of the said premises the said Court upon reading of Affitts and a full hearing of Council on both sides (as this Depont was informed by his Clerke in Court) did order and direct retribucion to be made to the said Deft as alsoe his cost wch  this Depont   believes the said Deft has not yet recd And this Depont   alsoe saith that as he had heard and believes it to be true that about eight or nine years since the Deft obtained a verdict at Hereford  Assizes on an Ejectmt  there tried between the said Complt and the said Deft John Price  for the premises in question [? ?] and hath likewise heard that the Complt hath also formerly presented a Bill in Chancery against the said Defendt John Price for the said premises but that the said Bill was dismissed with costs

[Witnessed]    Tho. Wisherton, Tho. Price.

[[Page Five]

JOHN ROBERTS ESQ a witness formerly sworne and examed on the Defts behalfe & now sworne and examed on the Complts behalfe Deposeth as followeth.

To the first Inqerry the Depont saith that he was well acquainted with James Price in this inquiry named for several years before his Death And saith that he dyed about eleven or twelve years agoe and this Depont further saith that the said James Price and the Deft John Price were Brothers  by the same Father but by two several Mothers

To the Fifth Inqerry this Depont saith that he cannot sett forth what Goods Chattells & Personal Estate the said James Price dyed possed of or interested in but saith that there was an Inventory taken of the same but how much the total sume of the said Inventory exactly amounted into this Despont  doth not now remember but thinks it was between ninety and one hundred pounds but for more certainty refers himselfe  to the said inventory that this Despont saith that the said James Price’s personall estate after his decease came into the hands of James Morgan of Llantilio Pertholey in the County of Monmouth Esq. who is now alsoe dead And this Despont saith that the said James Price Deceased was at the time of his dec indebted to this Despont in the sume of sixty five pounds by Bond and wch said Debt was paid to this Despont  by the said James Morgan Esq. after the said

ROWLAND JENNINGS a Witness formerly sworn & Examd on the Defts behalfe & now sworne & Exmd on the Complt behalfe Desposeth as followeth To the first second third and fifth Inquerrys this Depont saith that he was well acquainted with James Price in the first inquerry named in his lifetime and that James Morgan of Llantilio Pertholey  in the Copunty of Monmouth was guardian to the said James Price during his minority and this Depont saith that he knoweth a messuage or Tenemt & the lands thereto belonging situate & being in the parish of Walterstone in the County of Hereford which was as this Depont hath heard the messuage and lands of John Price deceased the Father of the said James Price And this Depont saith that he hath heard that after the Death of the said John Price the said James Morgan did for some years during the minority of the said James Price hold as this Depont heard hold under John Jefferys Esq. but wether the said lease was for lives or for years this Depont knows not he never having seen the same to the best of his remembrance nor doth this Depont  know what fine was paid when the said lease was taken nor the yearly value of the said lands called Ynismoore.

JAMES MORGAN of Kentchurch in the County of Hereford Gent aged two and forty years or thereabouts  a witness sworn * Exmd on the Complts behalfe Desposeth as followeth

To the fourth inquerry this Depont saith that he was present & did see the parchment writeing now produced unto him at the time of his examination in this cause purporting articles of agreement & bearing date the fourth day of January in the year of our Lord God one Thousand Six Hundred ninety and eight * made between James Morgan of Llantilio Pertholey Esq. of the one part & Seth Powell Gent & Joan his wife of the other part Signed Sealed & Executed by the said James Morgan And this Depont saith that he this Depont & one Richard Croft & one John Williams did indorse their names on the back of the said Articles as Witness to the Executing therof and saith that the name Jas Morgan Indorsed theron as a Witness is the proper handwriting of this Depont And this Depont further saith that the said Richard Croft is since dead & that the said John Williams the other witness was formerly a Clerke to the said James Morgan Esq. and is now an exciseman & lives in some part of Wales but where this Depont knows not And this Depont alsoe further saith that he verily believes that the name James Morgan subscribed on the back of the said Articles is as this Depont verily believes the proper handwriting of the said James Morgan Esq. And this Depont alsoe further saith that he verily believes the consideration money’s mentioned in the Articles & receipt was at the time  the said Articles were executed paid by the said Seth Powell to the said James Morgan Esq.

SETH POWELL of Llantilio Crossenny in the County of Monmouth Gent aged fifty years or thereabouts a Witmness pduced Sworne & Examed on the Complt behalfe Desposeth as followeth

To the first inqurry this Depont saith that he knows the Complt & have known him for above Twenty years last past And have known the Defdt for many years last past And this Depont saith he did know John Price formerly of Walterstone in the County of Hereford Deceased the Deft John Prices Father in that Inqerry named and this Depont saith that he did know James Price Deced in that Inqerry alsoe named Eldest son of the  said John Price Deceased & Brother by the half blood  to the Deft John Price & further to this inqerry this Depont  [ two words]

To the third inqerry this Depont saith that he did know James Morgan Esq Deceased in that inqerry named Father of the Defts Margaret & Jane & this Depont doe verily believe that after the Death of John Price Deceased the Father of the said James Price the said James Morgan took upon himself the care & guardianship of the said James Price & did receive the rents & profits of the said James Price’s several Estates lying in the County of Hereford and Monmouth during his minority And this Depont further saith that on or about the Tenth day of January in the year of our Lord One Thousand Six Hundred Ninety and Eight he this Depont did pay to the said James Morgan the sume of Eighty pounds as being Executor & Administrator of the said James Price And upon payment therof the said James Morgan did lease and Execute the Articles of agreement now produced to this Depont Abt the time of his Exmntion bearing date the said Tenth day of January and made between the said James Morgan of the one part And this Depont & Joan his wife of the other part And that Mr Richard Croft late of Pontrilass and now of Kentchurch in the County of Hereford and one John Williams who was formerly Clerke to the said James Morgan Deceased & now an Officer of Excise in some part of Wales but where this Depont knows not were Witnesses to the sealing and executing of the same Articles

To the fowerth Inqerry this Depont saith that he did see the paper writing or Articles now produced to this Depont at the time of his examination purporting Articles of Agreement bearing date the Tenth day of May in the year of our Lord God Thousand Seven Hundred and one made between the said James Morgan of the one part And John Price Executor of Sible Price of the other part duly signed sealed and executed by the said James Morgan in the precence of this Depont Thomas Horton John Parry James Watkins & Barnett Delayhay who together with this Depont subscribed their names as Witnesses to the sealing and execution thereof And this Depont saith that the name Seth Powell subscribed as a Witness to the Execion of the said Articles is the proper handwriting of the Depont And this Depont saith that the sume of forty & five pounds mentioned in the receipt as written on the back of the same Articles was paid by the said James Morgan And this Depont saith that the name J Morgan subscribed to the said Receipt was the said J Morgan’s proper handwriting and the name Seth Powell written as a Witness to such Receipt is the Deponts proper handwriting

To the fith inqerry this Depont saith that the said James Price Dyed possessed of a considerable personal Estate wch came to the hand or custody of the said James Morgan Dcd but how much the inventory of the said James Price’s personal Estate amounted unto the Depont does not now remember.    

 Tho. Price, Tho. Wisherton.

[Page Six]

Interrogatories to be  [?] to witnesses to be pduced sworne & examined on the parte & behalfe of John Price senr Complt agst  Xhopher Price Esq & Margarett his wife Jane Cooke widow & John Price of Waltertsone defendt in a cause depending in her maties Courte of Exchequer are as followeth

1. Doe you know the Complt Defendt or any and which of them & how long have you known any & wch of them Did you know John Price formerly of Walterstone in the County of Hereford the defendt John Price of Walterstones father deced and did you know James Price deced his eldest son & heir brother by the halfe blood to defendt John Price of Walterstone did you know Margarett the first wife of the said John Price deceased Mother of the sd James Price in their life time & how long before their deaths & when did the said Margarett and James Price severally die or depart this life & where did they live att the time of their deaths How near related was the said James Price to the Complt John Price  & what other relacons had the said James Price declare all you know believe odr have credibly heard touching or concerning the same wth yr reasons thereof att large

2. Was the sd John Price defendts father att or abt the time of his death seized entitled unto or possed of any free Copy Lease or customary messuages lands Tenemnts or herediments If you declare what such messuages lands Tenemts or heredimts are & where they severally lye & whether any wch of them  are  free Coppy Lease or Customary Lands or Tenemts of what yearly value & who possed him her otr themselves of the same or any part thereof after the death of the said John Price & who reced the rents issues & pfitts thereof and to whose use declare all you know or have been credibly informed therein wth the cirvumstances thereof

3. Doe you know of any mortgage or mortgages or other incumberances wch were upon the said John Price deced’s estate or any & wch parte thereof att the time of his decease for how much money was the same mortgaged & to whom & by whom was the said mortgage money paid whether the mortgagee or mortgagees his or  her Exers or Adms did not enter upon the prmsses soe mortgaged & by [?] of the rents issues & pffits of the same did pay his her or the [?] of the said mortgage money  or soe much soo far remained due att the time of such Entry and to & wth whom did you Actt for the pfitts of the sd Estate were you ever Tent of the sd Estate & who reced the rent thereof yearly whether James Morgan father of the defendts Margarett the wife of Xpopher Price & Jane Cooke did not receive the same as Guardian to the sd James Price or by what other Title & how much money did you att any time pay the said James Morgan & what  discourse have you had wth the sd James Morgan touching the same or concerning the fine paid by him to the Lord of the Manor for renewing the Coppy of the Coppyhold prmisses did you ever account wth the sd James Price after he came of full age for the pfitts of the said Estate or any & what parte thereof  were you ever sued by the said James Price in his life time or by the sd James Morgan as his Exer for arrears of rent of the prmisses due in the life time of the said James Price did you ever build or repair the Messuage barns or buildings on the sd prmisses in the life time of the sd James Price & att whose charge & by whose order & who paid you for such works who has reced the rents issues & pfitts of the sd Estate since the death of the sd James Price & how much does the same amount to yearly what taxes are yearly paid & allowed by the landlord out of the rent of the sd Estate & what rent due & paid to the Lord or Lords of the fee or fees of the sd prmisses

4. Why was the deed or writing Deeds or writings now shon & you sealed & delivered & by whom were you a witness to the sealing & delvery thereof & is the name subscribed & indorsed as a witness the make of yr own hand writing & whether have you been acquainted wth the hand writing of the sd party or parties or wittneses to the sd  Deed or Deeds writing od writings or any & wch of them to be their own hand writing & when was the same executed & what sume orsums of money did the sd John Price of Clodock pay the sd James Morgan att the time before or after the executing of such Deed or Deeds writing or writings & upon what att did the sd James Morgan receive the same was it not for Arreares of rent due to James Price in his life time for the premises in qucon in the parish of Clodock & what did the sd James Morgan then declare touching the fine pd by him for the copyhold prmisses in qucon

5. What goods chattels or other psonall Estate did the sd James Price die possed of or interessed in  & to whose hands & use did the same any & what parte the use of come after his decease also how much did the Inventory of his goods chattels amount to how much money did you owe him att the time of his death & how much did you pay his Excors after his death upon his acct was such debt or debts comprised in the sd inventory what & how much debts & for what did the sd James Price owe att the time of his death & how were the same secured & by whom paid what other matter or thing doe you know or have been credibly informed touching or relating to the prmisses in qucon.                                   

Tho. Price.  Tho. Wisherton, Will. Lewis, Edwd Brydges.

Observations:

This is part of a wider collection of Price family records.