DURH 2/1/Wright

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Palatinate of Durham: Chancery Court.


26th September 1601

[...........................................................] of the County Palatyne of Durham and Sadberge

In most humble Maner compleyning sheueth unto your Warshipp your daily Orator Thomas Wright of Hartlepoole in the County of Durham Merchant: That whereas one Thomas [?Wright?] the elder of Norton in the said County of Durham yeoman, your Orators Uncle was lawfully seized by Copie of Court Roll, according to the Custome of the Mannor of Stockton belonging to the Bishopp of Durham for the tyme being, and parcell of the Bushopprick of Durham within the same County of in and upon foure oxgangs of land called Maileland, and two Cottages w[i]th seaven acres of land, lying in the west feild and one Cottage with Garth lying on the East side of the Tenem[en]t of John Hallyman called Snawes Cottage, all which p[re]misses are scituate, lying and being in the Towne feilds and territories of Norton aforesaid, And he the said Thomas Wright the elder so thereof being seized (and having yssue two daughters the one named Katheryne marryed to one William Kechin of Norton aforesaid, and the other named Alice married to one John Harperley of Norton aforesaid) did, by Copie of Court Roll according to the Custome of the said Mannor surrender, and give into the hands of the lord of the said Mannor [...] [..st] of the said Katherine parcell of the said lands To have and to hould unto the said Katherine and her Sequeles in [?iurs?], according to the Custome aforesaid, and by like Copie of Court Roll, at the halmott Court holden at Stockton aforesaid before our Sov[er]aigne Ladie Elizabeth the Queenes maiestie that now is (the Bushops [...] of Durham then being void) about the thirteth day of May in the one and thirteth yeare of her Maiesties said Raigne before your warshipp, then and yet Steward of the said Halmott Courts, Surrender and quite clayme into the hands of our said Sov[er]aigne Ladie the Queene to the use of the said Alice wife of the said John Harperley two oxgangs of land called Maileland w[i]th thappurtenances, one Cottage w[i]th seaven acres of land lying in the West feild and one other Cottage with a Garth lying on the east side of a Tenem[en]t of John Hallyman called Snawes Cottage, and also two other Cottages with the appurtenances being p[ar]cell of the p[re]misses in Norton aforesaid: To have and to hould the same to the said Alice and her Sequeles in [?iurs?], according to the Custome aforesaid, at and before which tyme of such Surrender so made as aforesaid to the said Alice, the said Thomas Wright the elder your Orators said Uncle meaning and intending to dispose of the said lands so as no controv[er]sy or Question should grow thereafter conc[er]ning the same, among his kinfolks to whome he should give the same, did expresse and plainely declare before honest witnesses then present, that albeit he was ready and intended to passe and surrender to the said Alice foure Cottages or howses in name, and p[ar]ticulerly so mencyoned, as by the said Copie appeareth, yet his true meaning was and not otherwise that one Cote right onely should passe, and be surrendered w[i]th the same, as to the same belonging, and no more, and that he should afterwards surrender and grant the other Cottages and Cote right with the appurtenances to your said Orator, being sonne to one Roger Wright, brother to the said Thomas thelder which Roger was yo[u]r Orators Father, By and after w[hi]ch his meaning so as aforesaid explayned the said Thomas Wright y[ou]r Orators said Uncle purposing to p[er]forme and confirme by [?dead?] what before he had expressely published by word, did at a halmott Court of the Rev[er]end Father in God Matthew then bushopp of Durh.. holden at Stockton aforesaid about the one and thirteth day of March in the thre and thirteth yeare of her Ma[jestie]s said Raigne before your Warshipp then and yet Steward of the said Court, by Copie of Court Roll, according to the said Custome, surrender and quite clayme into the hands of the Lord to the use of your said Orator being his Brothers sonne as aforesaid, the said Cotewright so as is aforesaid intended to be surrendered to your said Orator, by the name of one Cottage with the appurtenances w[i]th thre rodes of land and pasture for foure sheape in the Towne feilds of Norton aforesaid: To have and to hould to yo[u]r said Orator and his Sequels in [?juer?] according to the said Custome, By vertew whereof your said Orator did enter into the said Cottage and Coteright, and premisses with there appurtenances to the same belonging, to your said Orator surrendered as aforesaid, and occupied and enioyed the same accordingly: And forsomuch as there is a parcell of ground being the moity of a close in Norton aforesaid belonging to your said Orators Coteright, which is late the said John Harp[er]ley by colour of the foresaid fyne to Alice his wife made, did clayme and [?deceive?] from your Orator (though now being in yo[u]r Orators possession) as belonging to the said Cottage to his said wife formerlye surrendered, And the said John Harp[er]ley hath said, and giveth forth in speaches of late that after the death of the said Thomas Wright his [?...es?] Father ( to whom and to Margaret his wife all the lands so surrendered to his the said John Harp[er]leys wife as aforesaid, were and are by the said John Harp[er]ley, and Alice his wife letten back againe in the said fyne or Copie to the said Thomas Wright her father, and Margarett her mother, during the lives of the said Thomas and Margarett and the longer liver of them or either of them) he the said John Harp[er]ley in the right of his said wife would enter into the said moity of the close and by force of the said fyne to his wife form[er]ly granted would clayme and demand the same as parcell and belonging to the said Cottages to his wife form[er]ly Surrendered as aforesaid, now forsomuch may it please your woorshipp, as by the strict course of the Common Lawe, the said fine and copie granted to Alice the wife of John Harp[er]ley is p[re]cedent and before the fyme granted to your Orator, and that the [...] fyne granted to the said Alice conteyneth in it foure Cottages whereby (forsomuch as by the ancient fine of the said Thomas your Orators Uncle aforesaid, it appeareth he was onely seized of thre Cottages) it may be inferred all and more Cottages be granted to the said Alice, then the said Thomas was at any tyme seized of, and so no Cottages or Coterights remayning to be surrendered, and granted by the said Thomas the elder to your Orator, the truth of all w[hi]ch p[re]misses being as is aforesaid plainely sett downe in truth and plaine meaning, And that albeit the said Thomas had indeed and was seized of five Cottages or howses in Norton aforesaid, as p[ar]cell and belonging to his lands in Norton aforesaid in his fine menconed, yet he was onely seized of two Coterights, and lands thereunto belonging, and no more, according to the Customes of the said Mannor, And therefore althoughe he granted his lands in more p[ar]ticular termes then his ould fine specified, yet his meaning was (as is before [....]: And that your Orators Surrender succeeding should be availeable and effectuall in lawe for one Cottage, and Coteright to which the said halfe of the said close belongeth the said surrender to the said Alice as abovesaid or any thing therein conteyned to the contrary not with standing) In Consideracon whereof and for that the said Thomas Wright the Grantor is yet living who can best testify and declare the truth of his owne meaning conc[er]ningthe p[re]misses, and is very aged, as also div[er]se other witnesses who were p[re]sent at the deliv[er]y of the said speaches by the said Thomas Wright the elder and can depose the true intencon of the said Thomas Wright the elder before them expressed, conc[er]ning the surrender of the said Cottage and Coteright to your said Orator to have bene as is before sett forth and div[er]se of them also are now very ould and impotent and not able to live long and do inhabit and dwell w[it]hout this County, and so not able to travell to be examined in this Court, and if they should chance to dye before they be examined conc[er]ning the p[re]misses, then were your said Orator w[it]hout all remedy for proofe of the foresaid speaches uttered in truth and true meaning for your said Orators Title to the said Cottages and coteright and lands thereunto belonging, and then intended to be surrendered to your said Orator ( as [.......] they are) except by your good woorshipp he be releived in Equity: May it therfore please your woorshipp to grant unto him that he may have a Commission directed unto such p[er]sons as your [.....] woorshipp shall thinke meat for the examining of the foresaid witnesses In perpetuam [...] memoriam concerning the truth of the p[re]misses as also a Subpoena to the said John Harp[er]ley comanding his to [...] at a c[er]teine day and under a c[er]teyne paine therein lymitted before your worshipp in this honorable Court to shew cause if he can why the said Comission ought not to be granted. And your Orator shall pray [..........]