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Star Chamber (PRO STAC5/K12/32 Thos Kelton v Jn Aylemore)

26.4.1583 (Friday 26 April 1583)

document 18900124

answer of Jn Aylmore defendant to the bill of complaint of Thos Kelton against the defendant and others says that it is uncertain etc but says that long before the complainant and Jane his sister had anything to the premises mentioned in the bill the defendant had a good and lawful interest in the meadow called Kimborne and the parcel of pasture Dagonhall in the bill by the lawful demise and lease of one Rich Kelton lawful owner of the meadow and pasture by a lawful lease still enduring under whose title the complainants do claim the same meadow and pasture and the defendant having a good interest in the meadow and parcel of pasture did quietly hold the same as well in the lifetime as at the death of Rich Kelton and after the death of Rich the defendant did also quietly hold the meadow and pasture so as the quiet possession that the defendant had in the meadow and pasture was by the space of three years without any interruption or disturbance which said quiet possession the defendant did quietly after the end of the three years hold and continue until Thos Kelton the complainant did in cruel and outrageous manner disturb the quiet possession of the defendant and did violently with his dagger assault the defendant and break the peace of the defendant whereunto the defendant did not make any forcible and violent resistance but contrariwise sought to procure Thos to keep the peace and did use the best means he could to escape the vengeance and mischief pretended by the complainant against him as by most manifest proof shall appear to this court and the defendant says that he is not guilty of any riot or unlawful gathering together or assembling of riotous persons or any violence or forcible assault on the complainant in such sort as the complainant has unjustly alleged and set forth in his bill and the defendant is not guilty of any riotous and unlawful manner of carrying away the hay mentioned in the bill this defendant says that the hay that he did carry away out of the meadow was carried in peaceable manner and without any violence used by the defendant or without any force used other than the forcible and violent resistance of the complainant to the great peril of the defendant without that the said Jn Turner Roger Turner Rich Rynger Jn Bucke and Jn Robjhon named in the bill did in any riotous manner accompany the defendant with any weapons and in such warlike manner as the complainant in his bill has alleged the defendant says that Jn Turner and Roger Turner were in the said meadow with their carts loading and carrying away of the hay growing and being in the meadow ready to be carried away did not assault or meddle with the complainant or use any violent or riotous behaviour towards the complainant in such sort as the complainant has untruly suggested in his bill with out that Jn Turner Roger Turner Rich Rynger Jn Bucke and Jn Robjhon were arrayed in any warlike manner or that Jn Turner and Roger Turner had any weapons there other than necessarily used for the pitching and lading of their carts with the hay which that the defendant will aver that Jn Robjhon named in the bill was not in the company of the defendant at such time as the complainant has alleged in his bill or at any other time in such riotous and warlike manner or in such intent as the complainant has suggested which that the defendant will also aver that Jn Bucke and Rich Rynger were at their daily labour in or near about the meadow and were going out of the same in a quiet manner at the time of the supposed riot and unlawful assembly and did not accompany the defendant in such sort as the complainant has suggested nor used any violence or assault upon the complainant in such sort as the complainant has untruly suggested in his bill without that there is anything material etc