Person Page - 27

New York, October 4th, 1784.

Sir:

By the will of Mrs. Smith, Relicque of Judge William Smith, find there is left a legacie of one hundred dollars [£30] to Mary Smith, daughter of Mr. John Smith, merchant of this place, which said Mary Smith is my wife. By the will Mr. Ezekial Williams is appointed an executor. This with many legacies bequeathed is to be paid out of the Annuityes due from the estate of Judge Smith. Its long since the same should have been paid. The season is fast approaching which requires every comfort, and I am very poorly provided with the means to obtain them. As this Legacie will be the means of contributing much to the number of necessaries we shall stand in need of, must request you to demand from Mr. Williams the said hundred dollars; in case he cannot pay you the same, then desire an order in my favor on Thomas Smith, Esqr., who is at present the Acting Executor to his father's estate and from whence the payments must arise of the different legacies left by Mrs. Smith. Your compliance with the above will greatly serve Sir, your humble servant

Chrisr. Bancker.

Addressed: Brig. Gen. Samuel B. Webb, Weathersfield.^1,2

Bundle 8. No. 69.
To Sir Nicholas Bacon, knight, Lord Keeper of the Great Seal.
Showeth unto your lordship your daily orator Edward Barbour of Western Jones, co. Stafford, gentleman; that whereas about fyfty years past one Robert Barbour, grandfather unto your said orator, was seised in his demesne as of fee of a pasture containing by estimation 14 acres called Crosse Leasowe in the fee and lordship of Weston Jones, and so seised, he, his farmers, and tenants have received the profits thereof for the space of 20 years or thereabouts; and afterwards that is to say, about 30 years last past, the same Robert died so seised. Immediately after his death the premises came to John Barbour father of your said orator and his heires, who entered into the same premises and received all the profits thereof for the space of 26 years, until about five years last past at which time the said John Barbour your orator's father for sundry good considerations did assure the said pasture to your orator and his heirs forever; by virtue of which assurance your said orator entered into the said pasture and was thereof seised in his demesne as of fee and took the profits thereof until about the fifth of November last past when Thomas Dod of Lointon in the said co. Stafford, yeoman, Peter Mynshew of the same Town and Countie, husbandman, Robert Butler of the same town and country, husbandman, Raulf Rylande and William Perton of the same town and countie, husbandmen, having got into their hands, as well the ancient evidences proving the title how and by what right the said Robert Barbour was seised of the said pasture, as also evidences whereby the same was conveyed to your said orator from the said John Barbour his father; by colour of having which evidences, about the fifth day of November they did enter into possession of the said premisses and the hedges and ditches of your suppliant which surround the said pasture did tear, break, and violently cast down, and in no wise will suffer your orator to take the profits of the same, but continue daily their foresaid wrong-doings to unquiet him; and although your orator has many times desired them as well to suffer your suppliant quietly to enjoy the said pasture, as also to deliver to him the said evidences yet they refuse. In consideration whereof may it please your lordship to grant the Queen's writ of subpoena to be directed unto the said Thomas Dod, Peter Mynshewe, Robert Butler, Ralfe Ryeland and William Perton commanding them to appear before your lordship in the Court of Chancery at a certain day and under a certain penalty to answer to the premises .

The answer of Thomas Dodd, Peter Mynshall, Robert Butler and William Parton.

These defendants say that they hold certain tenements in Loynton, co. Stafford, that is to say, Thomas Dodd hath one tenement with the appurtenances there during divers years, the reversion therof belonging to John Egerton. And the said Peter Mynshall one other tenement and certain landes therunto belonging, the inheritance whereof belongeth to one Humfrey Dern; and the said Robert Butler holdeth one other tenement with the lands thereto belonging, the reversion belonging to one George Kyrton and his wife. The said William Parton holdeth one other tenement with lands, the reversion thereof belonging to Jane Egerton. The owners of the said tenements for time whereof there is no memory to the contrary have had a common of pasture for themselves and their tenants for their beasts in one close commonly called the "newe lesue" in the Lordship of Weston Jones, in manner following, that is to say, when the field where the said "leasue" doth lie called Radmor field, lieth fallow then through the whole year ; and when the said field is sown with corn, then from the reaping and carrying away of the corn there grown until the same be sown again; which "leasue" before mentioned the defendants think to be the " leasue " meant to be the "Crosse Leasue" mentioned in the bill for the defendants know not any "leasue" called the "Crosse Leasue" nor yet any other "leasue" than the " leasue" aforesaid for which there is any contention between the defendants and the said plaintiff. But the said Peter Mynshall Robert Butler and William Parton say that they do not any of them claim anything in the said leasue other than the said common nor yet have entered into the same leasue nor break the hedges or fences thereof, wherefore the said bill is exhibited against them altogether for vexation. And further they say they have not had at any time any deeds, writings or evidences concerning the said lease, nor any concerning the plaintiff or touching any lands of the plaintiff. And the said Thomas Dodd further saith that he did break open the said close and lease being fenced and inclosed in such time as he ought to have common in the same to the end that, his cattle might take their pasture therein not claiming any other title therein.

Bundle 12. No. 36.
To Sir Nicholas Bacon, knight, Lord Keeper of the Great Seal.
Showeth unto your honourable lordship your daily orator Edward Barbour of Flosbroke, co. Stafford, gentleman, that whereas one John Barbour, father of your said orator, was seised in his demesne as of fee of certain parcels of arrable land, meadow and pasture with the appurtenances, being within the town and fields of Rowley near the town of Stafford, that is to say, one parcel of pasture ground there called Apoke containing by estimation 3 acres, the 4th part of one pasture there called Grymes Close, with divers acres of arrable land and meadow in Rowley aforesaid, lying in the fields there, the certain number of which acres nor the certain places where the same do lie
your orator knoweth not. And your orator's father being so seised, about 26 years last past by his deed indented did devise and let to farm all the said premises to William Stamford, late of Rowley, gent., to be held by the said William Stamford and his assigns for many years, paying yearly to the said John Barbour the rent of 16s., at the Feast of the Annunciation of our Lady and Saint Michael the Archangel. By virtue whereof the said William Stamford did enter into the said premises, and was seised thereof until about 12 years past when he granted the said premises to Edward Stamford his son, by force whereof the said Edward entered into the premises and is yet thereof seised. About three years past the said' John Barbour by his deed in writing did grant the reversion of the premises, together with the rent thereof, to your said orator, in tail to him and his heirs and delivered to him the said indenture of demise as also the said deed of entail; and the said Edward Stamford being occupier of the premises, did pay the rent to your orator. Nevertheless about one year past the same Edward Stamford got into his hands the said indenture of demise, and also the said deed of entail, and by colour thereof claimeth sundry parcels of the premises adjoining his own lands in Rowley aforesaid, and hath changed and altered the bounds in sundry places, whereby the same was known, from the lands of his own inheritance, by means whereof your orator knoweth not for certain of how much land he may claim the rent; and the same Edward Stamford not only refuseth to pay the rent to your orator, but also to deliver the foresaid indenture and deed to him, and to reduce the said boundaries to their proper places. And forasmuch as your orator knoweth not the certain date of the said indenture nor where the said deed of entail be contained, whether in bag or box sealed or in chest locked. In consideration whereof may it please your Lordship to grant the Queen's writ of subpoena to be directed unto the said Edward Stamford, commanding him to appear in the Court of Chancery to make answer to the premises.^3,4