C78 1649

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Cal_Year Cal_Date Regnal_Year Parties Subject Matter Roll/Case_No.
1649 C78/, no. []
1649 8 Jan 24 Elizabeth Ballard and Christian Ballard daughters and coheirs of John Ballard infants by John Ballard their guardian v Christopher Ballard Portions payable by will of Thomas Ballard from messuage in Ipswich, Suffolk C78/643, no. 18 [2]
1649 19 Jan Samuel Thomas of London v Richard Dagnall Debts and bonds on security of messuages, watermills, wharves and gardens in Southwark, Surrey C78/488, no. 20 [3]
1649 10 Feb Isaack Welham, clerk v Thomas Bishop; John Culham; John Braine; Robert Calver; Thomas Blosse. Dispute over tithes in the parish of Thorndon, Suffolk. C78/389, no. 7 [4]
1649 12 Feb Robert Clerke, tanner v Peter Pulman and Richard Bayliffe Mortgage of tenement in Ottery St Mary, Devon C78/404, no. 22 [5]
1649 12 Feb Roger Garland v Grace Molford & Amy Molford daughters and coheirs of Roger Molford son & heir of William Molford decd; Zenobia Molford, mother & guardian of the said coheirs; Roger Molford son of John Molford decd one of the executors of Agnes Garland decd; Arthur Isaacke & Mary his wife, the other surviving coexecutrix of the said Agnes Garland decd Trust settlement of messuage in Swinbridge, Devon. C78/464, no. 18 [6]
1649 14 Feb Sir George Pratt of Collshill, Berks v John Bond; Richard Cox; John Sherwood & Mary his wife; Henry Whitwick; Richard Pope; Oliver Geareing & Mary his wife; Katherine Geareing, widow; Arthur Greene; John Morse; Margaret Morse; Christopher Meerkes; John Archard the elder; Thomas Archard; William Greene an infant by John Stratton; Margaret Cowles, widow; Robert Cowles an infant by the said Margaret Cowles; Samuel Geareing & Joane his wife; Edward Blagrave; Ambrose Tull & Alice his wife; Robert Morse; Christian Archard, widow; John Archard the younger; Richard Francklyn the elder & Joane his wife; Richard Francklyn the younger & Ann his wife; William White; John Christopher; Thomas Christopher; Thomas Morse; Dorothy Lewis; John Lewis an infant by the said Dorothy; Jeffery Knight & Ann his wife; Francis Britten; James Fisher & Elizabeth his wife; Thomas Harris; James Milles; Thomas Piper & Dorothy his wife; William Reason; Richard Meller Bill (Trinity 1658) seeking ratification of Agreement (no date) to have General enclosure of the common fields of Greate Coxwell and Articles of Agreement (one year before bill) seeking to have proper proportions in lieu of old plots and rights. C78/653, no. 6 [7]
1649 19 Feb Leonard Belt v Thomas Middleton the elder & Thomas Middleton the younger. Bill (Easter last past) reciting partial enclosure (no date) of lands in Middleton upon Leven, Yorkshire, and seeking ratification of the exchanges made C78/464, no. 13 [8]
1649 15 March Francis Luttrell of Grays Inn, Middx, gentleman & Katherine his wife; Jane Mapowder now the wife of Ambrose Manoton esq one of the masters of this court and Mary Mapowder now the wife of Henry Whitaker of Shaftsbury, Dorset esq, the said Jane, Mary, and Katherine being the three sisters and coheirs of Anthony Mapowder late of Thornbury, Devon v. Timothy Browning and Honor Kempthorne alias Ley now the wife of Thomas Waddon of Plymouth, Devon, gentleman C78/1925, no. 10 [9]
1649 23 March Jane Langston the late wife & administratrix of John Langston late gentleman porter of the Tower of London decd; Anthony Pearson v Daniel Penington; Thomas Pretty; Edward Clarke; and William Jeanes; Robert Callowe; Anthony Beislinge; Joseph Clarke; George Sills; John Knightinge Dispute over a house, stables, gardens and other properties at the Tower of London. Lease held by Arthur Ingram. C78/389, no. 8 [10]
1649 Easter term Simon Rugeley v Walter Chetwinde. Administration of goods of Edward Littleton and of Mary his wife, previously the wife of Richard Rugeley. Manor of Hawkes Yard (no county) C78/549, no. 24 [11]
1649 4 April Thomas Innynge v. John Southwicke; William Thomas; and Lawrence Levandeloe C78/1291, no. 6 [12]
1649 6 April John Ernele of Whetham, Wilts v David Jenkins; Sir Edward Thomas; Sir John Awbrey; Sir Nicholas Kemys; John, Lord Pawlett; David Parry; Jane Mansell; Sir Charles Kemys; John Powell; Howell Morgan; Evan David; Anne Thomas, widow Administration of estate of Lewis Thomas consisting of personal estate and leases of lands in Glamorgan. C78/649, no. 13 [13]
1649 12 April John Cadell v. Thomas Morgan and Margery his wife; John Norbury; William Norbury; John Whaley; Richard Brooke; Peter Royle; and others (not named) Bond for payment of £50 by the complts brother Samuel Cadell (since decd) to the Chamberlain of Bristol, which is claimed to have been paid. C78/1414, no. 37 [14]
1649 14 April Edward Leeds of Croxton, Cambs v Jeremy Basse Possession of copyhold lands in Croxton, Cambs C78/610, no. 13 [15]
1649 14 April William Le Coeur, merchant v Giles Batter, merchant. Debts re tobacco trade. Ship called the Exchange of London, St Malo in France to St Lucar in Spain. C78/709, no. 13 [16]
1649 16 April Charles Browne & Elizabeth his wife the relict & executrix of Henry Barnardiston decd v William Geary; Robert Barnardiston; George Barnardiston Trust of messuage and lands in Norrill, Beds. C78/464, no. 12 [17]
1649 17 April Edmond Edlin; John Castle; William Norrell; Thomas Peirce; Robert Wells v William Lee & Susan his wife; George Asteley Debts incurred by deft Lee to build houses near Covent Garden. C78/417, no. 1 [18]
1649 18 April John Merricke, knight & Dame Jane his wife, formerly the wife and executrix of Sir Peter Withe, late controller of the late Majesty's household v. Sir Job Harvey C78/1291, no. 7 [19]
1649 21 April Thomas Gonvill v Edward Schuldham. Bonds. C78/399, no. 17 [20]
1649 21 April John Ham v Peter Carewe the elder; Sir Henry Carewe; Peter Carewe the younger Lease of a messuage in the manor of Woborneford or Obornford in Halberton, Devon C78/404, no. 23 [21]
1649 21 April Thomas Michell of Shermanbury, Sussex; Thomas Michell an infant son of the said Thomas his father v William Palmer; Thomas Pierson; Judith Stoddard Statutes and extents on manor and park of Iwood, Surrey. C78/479, no. 3 [22]
1649 21 April Thomas Pooler of Areley Kings, Worcs & Elizabeth his wife one of the daughters of James Hay late of Greate Wheatley, Worcs decd v Daniel Hay; Humphrey Wall Legacies payable from estate of James Hay. C78/531, no. 1 [23]
1649 26 April Hugh Crabb; Mary, Sarah & Elizabeth, infants, the younger children of Hugh Crabb of Whitechurch, Dorset by Anthony Gibbes of Marshwood in the parish of Whitechurch; James Bowditch of Charmouth, Dorset & Joane his wife one of the daughters of the said Hugh Crabb v Edward Clare; John Lea; William Hallett & Dorothy his wife; John Crabb Trust settlement of lands in Whitechurch, Dorset. C78/486, no. 18 [24]
1649 26 April Margaret Wakefield, widow v William Meynell; Richard Senior; John Tomlinson Title to lands in the manor of Winsor, Berks C78/633, no. 7 [25]
1649 27 April Henry Westerne, citizen & woollen draper of London; Roger Drake of London, clothworker; Prisca Cooke, widow relict of Edward Cooke of London, apothecary decd; Edward Cooke son of the aforesaid Edward, executors of the said Edward; Susan Seymor, widow, relict of John Seymer late of St Martins in the Fields, Middx, taylor, administratrix of the said John Seymer; Tobias Reed of St Stephen Walbrooke, London, grocer; Katherine Abbot, widow, relict of Thomas Abbot of Leonards Fosterlane, London, silkeman, executrix of the said Thomas Rogers(sic); Robert Rogers of New Inne, Middx; Henry Needham late servant of Robert Draper; Richard Rose of Sepulchers parish, coachmaker, all creditors of Robert Draper late of Crayford, Kent decd; Frances Tudman, spinster; Christian Brookeman, widow, lately Christian Witchers, spinster, late servants, creditors & legatees of the said Robert Draper; Sarah Berrisford, legatee of the said Robert Draper by Henry Harris v William Draper; John Watson; Margaret Draper Debts and legacies of Robert Draper payable from manor of Arnwayes and advowson of Lamborne, copyhold lands in Essex & the manors of Hooberry & Newberry, Kent C78/488, no. 19B [26]
1649 1 May George Cooke; Raph Hall; Nicholas Hide v Henry Fairefax, clerk Lease of tithes of Ashton under Lyne, Lancs. C78/610, no. 15 [27]
1649 2 May John Symes; Edward Drake; John Willis & Frances his wife v William Lucy; Francis Lucy; John Howe..; William Henly; Gabriel Coxe Estate of Robert Henley, two fusing mills, corn-mill, and meadow land at Greenham, parish of Thatcham, Berkshire C78/582, no. 14 [28]
1649 2 May William Seely of Ipswich, Suffolk & Rose his wife late the widow & administratrix of John Warner her former husband decd v John Mace & Margaret his wife Jointure interest in messuages in parish of St. Mary at the Key, Ipswich, Suffolk C78/643, no. 17 [29]
1649 5 May Charles Henry Kaye v William Sheppard and others The estate of John Browne, lands in Hellifields C78/536, no. 11 [30]
1649 5 May Francis ____ of Oxon, esq v. Henry Standard & Elizabeth his wife; Robert (?) ____; Robert Rawlinson (?); and John ___ders C78/2020, no. 21 [31]
1649 8 May Richard Ball v Charles Jennings. Possession of tenement in Newton and lands in Cradocke, Heref C78/679, no. 2 [32]
1649 10 May William Smyth v John Copley and another (named). Debts of Nicholas Stringer payable from trust of lands in Claworth [Clayworth], Eaton, Sutton and Lound, Notts. C78/464, no. 17B [33]
1649 11 May Thomas Marchant v Anthony Marchant and others (named). Title to tenements and mill in Leigh in Westbury, Wilts. C78/649, no. 9 [34]
1649 11 May Thomas Hobbs the elder; John Hobbes; Thomas the younger; Mary Hobbes; Robert Hobbes; and Augustin, William, Joseph, James, Ann; Margaret, and Katherine Hobbes infants by said Thomas Hobbes their guardian v. Richard House; John Humfreyes; Humfrey Roocke; and John Roock C78/2020, no. 13 [35]
1649 19 May John Smyth of Kellingthorpe [Skellingthorpe, Lincs] v John Clarke. Accounts and bonds re sale of inheritance of a cottage and lands in Wellingore, Lincs. C78/619, no. 15 [36]
1649 24 May Sir Thomas Wiseman the elder v Sir Edward Hales, Sir Richard Wiseman, Sir Thomas Wiseman the younger, Ralph Wiseman, William Wiseman and Robert Wiseman Jointure of Elizabeth daughter of Isaac Sidley on marriage to Sir Thomas Wiseman the complt's son, and provision for the complts younger children. Manor of

Northbeinfleete, manor called Markes, Seborhall in the parish of Mucking, Rontons in Braintree, Island of Ousey, farm in Ravenhall called Gilgranes, all in Essex.

C78/1317, no. 5 [37]
1649 26 May George Tattershall v Nicholas Watts and others (named). Payment for timber cut from lands in Finchamsted and Stretley, Berks. C78/467, no. 3 [38]
1649 29 May Elianor Bishop v Walter Smith. Bonds and debts C78/488, no. 19A [39]
1649 30 May Roger Peele v Gamaliel Catelyn & another (named). Debts of Benaiah Catelyn C78/417, no. 2 [40]
1649 30 May William Wyvell and others (named) v Henry and Anthony Frankland and others (named) Debts and legacies payable by will of Thomas Frankland, from trust of lands in Awdwark and Usborne, no county given C78/610, no. 14 [41]
1649 30 May James Evans v Rowland Laton Lease of messuage and lands in Kinlett, Salop. C78/633, no. 10 [42]
1649 30 May Thomas Danby v Francis Danby Possession of manor of South Cave, Yorks C78/643, no. 2 [43]
1649 31 May Katherine Vandelure for self and others (named) v Thomas Cony and others (named). Trust sale of messuages and cottages in Boston, Lincs, to raise money for portions. C78/633, no. 9 [44]
1649 June Richard Latham v John Johnston Debts in connection with profits of trading voyage of 'The Unitie' C78/464, no. 11 [45]
1649 1 June Arthur Upton, esq v. George Marwood C78/1291, no. 3 [46]
1649 5 June Anne Beard v. Henry Bennett C78/1291, no. 5 [47]
1649 6 June Samuel and Bridget Clarke v Edward Nevill and others (named). Debts due from manor of West Burton, North Wheatley, South Wheatley, Bowle [Bole] and Sawneby [Saundby], Notts. C78/397, no. 2 [48]
1649 8 June George and Jane Milburne v Ralph Midford. Portions and annuities from trust of manors of Sighill, Ryell and Kearsley, and lands in Inghoe and Hakewell, Northumberland. C78/633, no. [49]
1649 9 June John Seymer and others (named) v Robert Whetcombe and others (named). Legacies payable from personal estate of Dame Joane Seymer. C78/649, no. [50]
1649 11 June John and Jane Morgan v Thomas Betts and others (named). Legacies payable from personal estate of Peirce Morgan. C78/467, no. 2 [51]
1649 11 June Christopher Wade v Christopher Clapham and another (named) Forfeiture of lease of manor house of Beamsley, Yorks C78/488, no. 21 [52]
1649 21 June Sir Thomas Brudenell v Dame Theodisia Tresham. Lease of the manor of Hengham [Hougham], Lincolnshire. And disputes over loans and jointures. C78/389, no. 6 [53]
1649 22 June Hester Chamberlaine, widow, executrix of Abraham Chamberlaine, her late husband; and Abraham Chamberlaine of London, merchant, son and heir of said Abraham Chamberlaine C78/1291, no. 4 [54]
1649 23 June Sir Thomas Lake v Launcelott Lake & another (named) Title to manor of Stanmore, Midd. C78/417, no. 3 [55]
1649 27 June William Adam v Edward Middlecott and other (named). Boundaries of leased land and grist mill in Portwaye, Warminster, Wilts C78/649, no. 9 [56]
1649 27 June Elizabeth Knight widow v. Samuel Thomas esq; Dame Mary Thomas; John ______; William Erberry; Samuel Erreberry; John Mann; Mathew Banckes; Elizabeth Banckes; Peter de la Peper; James Mayor; Edward Tasker; ____ Graunt; Mary Tasker; Gyles Toy; Thomas Mewse; Edward Peach; Ann Peach; Henry Smith; John Thompson; Edward Peach; Richard Terry; Johanne Mortimer; and ____ Snowe C78/1925, no. 11 [57]
1649 27 June Elizabeth Knight widow v. Samuel Thomas Esq; Dame Mary Thomas; John Slumpstead?; William Erberry; Samuel Erreberry; John Mann; Matthew Banck; Elizabeth Banck; Peter de le Peper; James Mayor; Edward Tasker; ____ Graunt; Mary Tasker; Gyles Toy; Thomas Mewse; Edward Peach; Anne Peach; Henry Smith; John Thompson; Edward Peach; Richard Terry; Johanne Mortimer; and ____ Snowe C78/1925, no. 11 [58]
1649 28 June Edward Atkinson v William Wood and others (named). Seizure of woollen cloth from shop in Leeds, Yorks by officers of the governor of Leeds. C78/479, no. 2 [59]
1649 5 July Edward Shires and others (named) v Thomas Holloway and others (named). Possession of lands in Swainscombt, Kent. C78/478, no. 28 [60]
1649 6 July Robert Derham and others named, landowners of manor of Crimplesham v Thomas Derham. Bill (Trinity 1649) reciting inconvenience of common grounds because of waterlogging and agreements (16 March 1648 and 28 May 1649) to have a general enclosure of the commons, by which lord was to remove his sheep from commons and enclose 240 acres of arable in common fields, and tenants could enclose their own holdings. Tenants alleged lord had deferred performance of the agreements and sought court ratification by decree. C78/460, no. 11 [61]
1649 6 July John Vaughan v Hugh ap Riterch ap Morgan Mortgage of messuage in Maerstan, Merioneth C78/488, no. 14 [62]
1649 6 July Richard Francklyn, son & heir of Sir John Francklin decd, John, George, James, Henry, Mary, Frances and Elizabeth Francklin, younger children of the said Sir John, infants, by Dame Elizabeth Francklin widow v Sir William Roberts, George Purefoy, Anthony Crofts, Edward Roberts, George Townsend and Robert Parham Will of Sir John Francklin. Manors and lands in Herts, Beds, Bucks, Gloucs, Wilts & Middx, leased from All Souls, Oxford. C78/1317, no. 6 [63]
1649 7 July Humfry and Elizabeth Williams v John Powell and others (named). Title and other interests in lands at Holbrough in Shoaland, Kent. C78/735, no. 5 [64]
1649 16 July Henry and Susan May v Robert Cudner and another (named) Legacy by will of Mathew Dequester from lands in Southwark, Surrey C78/488, no. 17 [65]
1649 18 July George Pelliton and others (named) v Sir John Pole Debts of Thomas Southcott and Sir Popham Southcott, payable from sale of trust lands in Manaton, Devon C78/464, no. 17A [66]
1649 Michaelmas Term Robert Mellish, esq v. John Lees; and Richard Rodgers C78/1013, no. 1 [67]
1649 16 Oct Samuel Coates of Nottingham, clerk, & Elizabeth his wife, daughter of Thomas Challoner the elder of Duffield, Derbs, gent v. Augustine Wildbore, doctor in divinity; Elizabeth Challoner her daughter; Ellen Chaloner widow; Sir Edward Leche, knight; Sir Orlando Bridgeman, knight; Sir Richard Earle, baronet; Nicholas Willymott, esq; and Thomas Rossington, gent C78/1559, no. 15 [68]
1649 16 Oct Samuel Cottes of Nottingham and Elizabeth his wife, late daughter of Thomas Chaloner the elder of Duffield, Derbs, gent v. Augustine Wildboar, doctor in divinity; Elizabeth Chaloner, the relict of Thomas Chaloner the younger; Ellen Chaloner her daugher; Ellen Chaloner widow; Sir Edward Leche, knight; Sir Orlando Bridgman, knight; Sir Richard Earle, baronet; Nicholas Willymott, esq; and Thomas Rossington, gent C78/869, no. 9 [69]
1649 24 Oct. Edward Breade and another (named) v Robert Sheires and others (named). Mortgage of manor of Duncklent, Worcs. C78/478, no. 29 [70]
1649 29 Oct William Overman and Elizabeth his wife only daughter of Richard Trafford, decd v John Trafford, Sir William Acton and Dame Jane his wife Marriage portion of the complt Elizabeth. C78/1317, no. 8 [71]
1649 29 Oct John Muns of London, esq, executor of Thomas Muns, esq v. Anne Norwood; and Allan Epps C78/1291, no. 2 [72]
1649 31 Oct. William Frye and others (named) v Sir Henry Rosewell. Portions payable from trust settlement of rectory of Axminster, Devon. by Will of Sir John Drake. C78/404, no. 10 [73]
1649 31 Oct John and Ellen Briscoe v Sir Henry Rosewell and others (named). Portions payable from trust settlement of rectory of Axminster, Devon, by will of Sir John Drake. C78/404, no. 15 [74]
1649 3 Nov. Francis Thompson v John Pearson and another (named). Title to lease of messuage in Nasserton, Yorks. C78/404, no. 8 [75]
1649 3 Nov Peter Beavis v Sir Henry Rosewell. Leases and arrears of site of former monastery of Ford, Devon. C78/404, no. 11 [76]
1649 3 Nov Richard Cabell v Sir Henry Rosewell. Possession and rents due from site of former monastery of Ford, Devon. C78/404, no. 13 [77]
1649 3 Nov. Elizabeth King v Michael Fairbanck and Henry Hall The debts of Elizabeth King. C78/536, no. 9 [78]
1649 6 Nov Thomas and Mary Palmer v Jane, Lady Glover and others (named) Possession of lease of manor of Holbeach, Lincs C78/488, no. 12 [79]
1649 7 Nov. Robert Corner v Deborah Saunders and others (named). Debts of John Corner payable from profits of sale of tenement and shop in Thame, Oxon C78/709, no. 12 [80]
1649 10 Nov Mary Stapleton and others (named) v George Lesen. Portion and maintenance payments from unspecified trust estate. C78/464, no. 10 [81]
1649 13 Nov. Johan Ashelford v Sir John Poole Debts payable from trust settlement of the manors of Blagdon, Pipard, Wythicombe, Trusham and Manaton, Devon. C78/404, no. 7 [82]
1649 16 Nov. John Newell v John Guibon Case against the enclosure of the common land of Owby, Norfolk, after which the land passed for the most part into the possession of Guibon. C78/390, no. 9 [83]
1649 17 Nov Elizabeth Tynt and others (named) v Anthony Goodrich Marriage settlement and trust of messuage in Burton, Somerset C78/649, no. 7 [84]
1649 19 Nov. Sir John Danvers and others (named) v Sir Edward Powell and another (named). Trust of lands in Tunbridge, Kent. C78/568, no. 13 [85]
1649 20 Nov James Coxe v John Dickins. Accounts of factorship for Russia Company. C78/464, no. 9 [86]
1649 21 Nov Abigale Crocke v Roger Peter Crocke Legacy payable by will of Peter Crocke from lands in Tilshead, Wilts C78/649, no. 2 [87]
1649 23 Nov Richard and Margaret Wright v John Smyth. Rent charge due from tenements in Cowlton Grange, Yorks. C78/619, no. 14 [88]
1649 24 Nov. Henry Walker v William Younge. Debt owed to the late William Younge. C78/389, no. 4 [89]
1649 24 Nov William and Margarett Ewins v Anne Hobdey Payment of portions from unspecified lands in Warwicks and Gloucs. C78/399, no. 19 [90]
1649 26 Nov Joseph and Anne Holte v Henry and Mary Mathewes. Marriage treaty of lands in Barkswell, Warwicks. C78/404, no. 9 [91]
1649 27 Nov. Edward Heyward, Francis Heyward v Thomas Outlane, William Bullner, William Raylie, Nicholas Howlett, Christopher Andrewes and others (named). Enclosure and partition of the common and waste of the manor of East Greenwich, Kent. Enclosure on 1 Nov. 13 Chas. I. Mention of drainage and other improvements. C78/390, no. 10 [92]
1649 27 Nov George and Elizabeth Manley v Sir Richard Manley Maintenance payments, and jointure from house at Westminster, Middx. C78/478, no. 26 [93]
1649 27 Nov. Robert Poulter and others (named) v James Ravenscroft. Bill (Mich term 1649), seeking court ratification of agreement (26 Oct. last) to exchange plots in the common fields of Broughton, Huntingdonshire, and enclose them. C78/610, no. 11 [94]
1649 28 Nov Elizabeth Cheston, widow, late wife of Richard Cheston v. Robert London; John Urvis; and John Girling C78/1013, no. 6 [95]
1649 30 Nov. Frideswide Price by Thomas Lowes v Richard Jones and another (named). Portion payable from personal estate by will of James Redd C78/478, no. 27 [96]
1649 1 Dec. George Young, John Young, John Hurst, Sara Awdley and others (named) v Frauncis Sibley and others. Debts due to creditors of Edward Sibley, payable from his estate. C78/464, no. 6 [97]
1649 4 Dec. Alice and Mary Appletree v John Bishopp and others (named). Debts. C78/1150, no. 42 [98]
1649 8 Dec. Anne Cope v Robert Wollerich and another (named). Payment of legacy C78/399, no. 12 [99]
1649 12 Dec. William Maxey v Robert Alefounder and Richard Bowie. Disputed payments of a debt. C78/389, no. 5 [100]
1649 12 Dec. William and Mary Scott and others (named) v Sir William Acton. Legacy payable from personal estate of Anne Buckley. C78/568, no. 14 [101]
1649 13 Dec. Robert and Elizabeth Daye and others (named) v John Johnson Debts. C78/464, no. 7 [102]
1649 13 Dec Henry St John v George Butcher. Accounts re freighting of ship 'Blessing' of London. C78/464, no. 8 [103]
1649 20 Dec. William and Anne Toms and others (named) v Robert Trelawney Portions payable from trust settlement of the manors of Carraton, Fosnewick and Tremidam, Cornwall. C78/578, no. 5 [104]