52 The Society'* MSS. — Chiseldon and Dray cot. 



the said bill of Complaint mentioned but this defendant denyeth that the said 

 ffarme or any part thereof lyeth within the said parish of Chisselden as the 

 plaintiff by his said bill doth surmise for that the defendant saith and hopeth 

 to prove that all the said Lands in the said bill of complainte mencioned 

 Excepting the severall lands in the said bill named called the Heath Bourne 

 meade and great feilds and the vpper parte of Warlands conteynyng about 

 five acres which this defendant taketh to be exchanged lands and originally 

 belonging to the said Complainants ffarme doe lye within the said parish of 

 Dracott and the precincts and tythable places of the same and ought to pay 

 tythes in kind unto this defendant according to the lawes of this realme as 

 well as the messuage gardens orchards and backsides thereunto belonging and 

 other the lands in the said bill mencioned and confessed to lye within the said 

 parish doe or ought to doe, for that this defendant saith and hopeth to prove 

 that there hath anciently been and still is knowne to be a certeyne highway 

 leading from the west parte or end of Chisselden aforesaid southward towards 

 the mannour of Ogborne in the County of Wilts to which said mannour or 

 Lordshipp all or the greatest parte of the tenants of Dracott aforesaid doe owe 

 suite and service for their said lands in Dracott but soe doe not any of the 

 tennants of the mannor of Chisseldon which said Lane or Highway doth devide 

 the aforesaid lands called the Heath bourne mead and great feild which this 

 defendant beleiveth to lye within the said parish of Chisseldon from the rest 

 and residue of the said Lands in the said bill mencioned which said lands 

 called the Heathbourne Mead and Great feild as this defendant beleives and 

 is informed were and are inclosures taken out of the great Common ffeild of 

 Chisseldon aforesaid and which as this defendant is informed came to be 

 annexed to the said Complainants ffarme by way of exchange as aforesaid for 

 certeyne other lands lyeing within the parish of Dracott now in the tenure or 

 occupation of one Nicholas Tuffe and others which being soe done and that 

 the then owners of the said Complainants ffarme haveing taken some lease 

 or tearme of yeares in the tythes of the same lands of the Rector or Im- 

 propriator of Chisselden aforesaid as is pretended (but the certeinty thereof 

 this defendant knoweth not) the said antient high way was endeavoured to 

 be altered to the end the said lands in the bill mencioned called Bushy Lease 

 Broad Meade little Meade Pearetree Lease East Downe Little Pease Close great 

 Pease Close and the lower part of Warlands as aforesaid might be in tyme 

 accompted and reputed to lye within the parish of Chisselden aforesaid all 

 which by the meanes of the pretended union in the bill mencioned was the 

 more easie to be brought to passe Howbeit this defendant denyeth that any 

 of the said grounds called the Bushie Lease Broad mead Little mead Pearetree 

 Lease East Downe little Pease Close great Pease Close and the lower parte 

 of Warlands aforesaid or any of them doe lye within the said parish of 

 Chisselden aforesaid but are and doe lye within the sayd parish of Dracott 

 as this defendant hopes to prove and have alwayes been taken in by the 

 inhabitants of Dracott in their perambulation and left out by the inhabitants 

 of Chisselden in their perambulacion And therefore this defendant being legally 

 entituled to the tythes of the same lands did demand the same of the said 

 complainant as he hopeth under the favour of this honourable Court was lawfull 

 for him to doe and in respect the said Complainant being of a froward and 



