Description:

National Archives. C 5/179/54. Price v David.

Plaintiffs: John Price.

Defendants: Philip David and another.

Subject: property in Clodock and Michaelchurch Escley, Herefordshire.

Document type: bill only.

Date:

1694

Transcription by Arthur Price reproduced with his kind permission.

[Forty six lines of mostly clear and legible script, probably written in two sittings.]

12th Daie of December 1694.

Garth.

To the right Honble Sr John Somers Knight Lord keeper of the Great Seale of England.

C3. Humbly Complaineing showeth unto your good Lordshipp your daily orator John Price of the pishe of Michaelchurch Escly in the County of Hereford yeoman. That whereas Arnold Price your orators late father was in his life tyme and at the tyme of his death wch happened aboute twenty yeares agoe and upwards  was lawfully seized and possessed of and in a certain Tenemt of Coppyhold lands conteyneing by estimacon thirty acres and commonly called and known by the severall name or names of Qae yr Danlloyth, Qae yr keven, Gwern- wen and Qae yr Therwen lying and being in the several pishes of Clodocke and Michellchurch Escley in the said County  being of the cleare yearely value of five poundes above reprised the same having been granted unto him the said Arnold Price by Coppy of Court Roll from and by Sr Trevor Williams Knt, Thomas Wyndham Esqre and other Lords of the Mannor or parte of the mannor of Ewyas Lacy in the said County or by some other person or persons who had legall right to grant the same. To hold to him the said Arnold Price his heires and Assigns according to the Custome of the said Mannors for the tearms of three lives. That is to say for the tearme of the life of Thomas Bevan the tearme of the life of John Gilbert and the tearme of the life of Henry Gilbert and the life of the longest lives of them. As in and by the same Coppy of Cot Roll had your orator the same to produce would more fully appeare. By virtue whereof the said Arnold Price entered into the said prmisses with appurtennces and was thereof possessed and continued the passion thereof until the tyme of his death wch happened aboute twenty yeares since as aforesaid. And your orator further showeth unto your good Lordshipp That from and after the death of your orators said father Arnold Price Blainch the wife and Relict of the said Arnold and mother of your said orator now also decd entered into the said prmisses and the same held and occupied in the right of your orator being eldest sonne and heire of the said Arnold to whom the said prmisses wth appurtences according to the Custome of the said Mannor did of right belong and apportayne. But your orator at the tyme of the death of his said father being an infant of very tender age did pmit the said Blainch your orators said mother soe to hold the same. And the said Blainch being soe in passion as thereof aforesaid one Phillippp david of Olchan in the said county one of the now defendts having a covetous defise to have the said lands did either by perswasions or infimmacons or otherwise by some private compact or agreemt made between him and the said Blainch prevaile upon her the said Blainch to deliver unto him the said Phillippp David the said Coppy of Cot Roll soe granted unto your orators said father as aforesaid who haveing gott the same and the passion of the said prmissses into his custody sonn after did either concell deface or destroy the said Coppy of Cort Roll and the same being soe concelled defaced or destroyed did in some short tyme then afterwards also by some private Compact or Agreemt or otherwise by combynacon or confederacy had wth Richd Crofts of Llantoney in the County of Monmoth Gent then Steward of the said Mannor prevaile uppon and wth him the said Richd Crofts to grant unto him the said Phillipp David a New Coppy of Court Roll of the same prmisses for the tearme of the three lives aforesaid (two of wch lives viz the said John Gilbert and Henry Gilbert are yet in being) without takeing any notice that the same did of right belong to your orator as being sonne and heire of the said Arnold Price as aforesaid. And the said defendt Phillipp David having soe gotten and obteyned a new grant or Coppy of the said prmisses holds and contiues the passion of the said prmisses by virtue thereof alleaging and giving out in speeches that the said Arnold price never had any former grant or Coppy thereof or if he had any former grant or Coppy thereof or if he had the same afterwards did dycend to the said Blainch who for good consideracon did grant or agree wth him the said Phillipp David that hee should have the same prmisses whereas hee well knew in his conscience that the same prmisses wth appurtences did by virtue of the same Coppy soe granted to the said Arnold Price your orators said father immediately upon the death of your orators said father descends unto and upon your orator as being his eldest sonne and heire according to the Custome of the Mannor as aforesaid.  And the better to follow the same hath prevaild with the said Richd Crofts to conceal from your orator the Records  and Bookes belonging to the said Court held for the said mannor wherein all surrenders and grants made of all copyhold lands and Tenements wthin the said mannor are or ought to be duily entered and Recorded soe that your orator cane have sight or benefit thereof to fortyfie your orators title unto the said premises through your orator hath often in very friendly manner desired the same. And your orator also further showeth unto your good lordship That your orator according as hee was by his council advised did at a Cort Leate and Cort Barron  held for the said mannor in or abt the month of May noe last past made clayme onto the said prmisses and there putt in his plans or accont for the same att wch tyme the said homages their sworne and implemented (the said Dfendt Phillipp david being one of the homagers) upon Evidence then given unto them upon the oaths of several witnesses then sworne did amongst other things present your orator to be sonne and heire unto the said Arnold Price and proceed on in possession of the said prmisses until the same became ready fro tryall. But for want of the said Records or Bookes of Entry wherin the said Surrender or grant made to your orators father is entered your orator cannot with safety try the same wherefor your orator is altogether devoid of the prmisses by the strict rules of Comon Law or otherwise saveing in couse of Equity before your Lordshipp in this high and honoble Cort of Chancery wher matters of this nature are properlie relievable and for that your orator not having any witnesses to expise the same other than those as are either since dead or otherwise removed into places remote unknown to your orator. But doubt not but the said Confederacy in Answers hereunto will acknowledge and confess all and only {true?] matters and things herein before alledged to bee true as in good Knowledge and Truth and therefore The said Confederates and either of them upon their several corporal oaths may rune full and first Answer make hereunto .And that the said Phillippp David may sett forth and discover how and by what title hee holds the said prmisses in question whether by the said Coppy of Cort Roll granted to the said Arnold Price or by any New Coppy since granted unto him the said Phillipp David and whether hee uses any monies and what money to precvaile upon the said Blainch your orators said Mother to deliver unto him the said Coppy by what Compact or agrreemt between him and her was the same soe delivd what is become of the same  Coppy now in his hands custody or power or in the hands custody or power  of any other person or persons and whome by name by his delivery consent or privity when he di hee last see the same and what life or lives for wch the same was granted are now in being and the name or names of any life or lives what reservacons or yearly rents are by such Coppy possessed to be payable to the said Lord or Lords of the said Mannor and why and for what reason he refuses to deliver the same Coppy to your orator as being the eldest sonne and heire of the said Arnold Price. And that the said Richd Crofts may also sett forth and discover whetyher or noe hee at any tyme and wherein the life tyme of the said Arnold Price did soe and on the behalfe of the said Lord or Lords of the Mannor grant any Coppy of Cort Roll of the said Prmisses to the said Arnold Price at the tyme of his the said Richard Crofts being Steward of the said Mannors for how many lives and for whose lives nominally were the same soe granted and wch and how many of such life or lives are now in being. And whether or not the said Confederate  Phillipp David or any other person or persons and whom by name did att any and what tyme since Surrender or deliver into the Court or into his the said Richard Crofts hands or custody the same Coppy soe granted to the said Arnold Price. And also whether or noe hee the said Richard Crofts as being Steward as aforesaid did afterwards and when grant a New Coppy thereof unto the said Phillipp David and why and for what reason hee soe granted the same and by and under what compact or Agreemt did hee soe grant the same and for what consideracons and also why hee refused to lett your orator inspect into the Records and Books of the said Court whereby your orator might be the better satisfied wth your orators right and title to the said prmisses. And that both the said defendts may pticularly answere all and only the matters and things in cause and order as they are in this Bill of Complt befire sett forth as fully and amply as if here againe repeated reiterated and ninterrogated. And that your orator by the power ayde and assurance  of this honoble Court may be latt unto the passion of the the said prmisses. And the said Phillip David not only compelld to deliver upp to your orator the aforesaid Coppy of Court Roll soe granted unto the said Arnold price whole undefaced and uncancelled but also account wth and pay unto your orator for all such rents issues and profits as hee hath raised had or recved from or out of the saif prmissses since his being possed of the same. And that your orator may be relived in the said prmisses according to Equity and Justice. May it therefore please your Lordshipp to grant unto your orator their Matties most gratious writt or writs of subpoena under seale of this honoble Cort unto the said Phillip david and Richard Crofts to be directed thereby commanding them and either of them att a certaine day and under a ceratiane paine therein to be limited to come and appear before your good Lordshipp in this high and honoble Court of Chancery to answere the prmissses and further to stand to and abide such order and Decree herein as to your Lordshipp shall seem meete. And your orator shall ever pray etc.     

                                                                                                Ja. Wellington.

Observations:

This branch of the Price family acquired extensive property and interests in many of the parishes of Ewyas Lacy, and further references can be found here.