TJw Society's MSS. — Chiseldon and Dray cot. 



58 



perverse nature aud unwilling to pay the same And this defendant by all 

 the kindnesse he could shew unto him not being able to prevaile with him in 

 such freindly manner as he desired was constrained and did bring his accion 

 att the Comon Law for recovery of his tythes ariseing growing happening and 

 encreaseing in and upon the said lands lastly mencioned and did fairely recover 

 the same by a faire and legall tryall att Law att the Assizes holden att 

 Sarum for the County of Wilts about six yeaves since And this defendant 

 further saith that he for his parte doth not desire treble damages as the plaintiff 

 by his bill suggesteth, but shall be willing to accept of his tythes in kind or 

 of a reasonable composicion for the same neither hath he at this tyme any 

 accions att Law depending for the same But this defendant confesseth that 

 in respect of the said complainants refractorinesse and that he will not by any 

 friendly meanes used by this defendant be brought to doe him right according 

 to Law but doth openly reproach and revile this defendant being a minister 

 in such open and scandalous manner that he hath been thought fitt to be 

 bound to the good behaviour by the Justice of the peace of this county and 

 hath been bound accordingly he this defendant hath been constrained to ex- 

 hibite his bill of Complaint into his Majesties Court of Exchequer for releife 

 in the premisses to which the said Complainant hath answered aud this 

 defendant hath served him with a supena to rejoine and he hath appeared and 

 / given in his Comissioners names soe that issue is joyned as this defendant 

 beleives in that Court and this defendant intendeth to execute the said Com- 

 mission and there the point in issue may be examined touching the boundaryes 

 of the said parish of Dracott aud wether the lands in question are parcell or 

 not parcell of that parish and there the memory of the witnesses may be 

 perpetuated as occasion shall require And therefore this defendant humbly 

 conceives itt is needles to doe the same in this Court alsoe And therefore he 

 beleives the plaintiff hath noe other design in soe doeing but to vex and weary 

 out this defendant with unnecessarye suites in Law for which cause this 

 defendant doth humbly oppose the plaintiffs further proceedings in this honour- 

 able Court And this defendant further saith that he for his parte kuoweth 

 not of any union of the said parish of Dracott with the parish of Chiseldon 

 nor of any such composicion or summe of seaven pounds paid for or in lievv 

 of the tithes thereof as the plaintiff by his said bill doth surmize or that the 

 said Complainant did pay to this defendants knowledge his proporcionable 

 share of the same which if true doth uot at all concerne this defendant for 

 that this defendant is advised the same is noe barre against him this defendant 

 who is legally intitled to the said Rectory and ought to enjoy the same to 

 all intents and purposes according to Law Aud this defendant knows uot 

 of any lease of the tythes of the lands in Chiselden as the plaintiff alleadgeth 

 neither is itt materiall to this defendant whether there be any such lease or 

 not for that this defendant goeth not about to question any lands lyeing in 

 Chisledon but onely such as lye in Dracott as aforesaid And this defendant 

 doth traverse that without that that any other matter or thing whatsoevei 

 materiall or effectuall in the Law to be answeared unto by this defendanl and 

 not herein and hereby well and sufficiently answeared unto con t ossed and 

 avoyded traversed or denyed is true All which matters ami things this 

 defendant is ready to aver justify mainetaine and prove as this honourable 



