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Legal cases - Gregory family


Draft petition, undated, of Loveisgod Gregory, by John Downes his guardian, in the case between him as defendant and Thomas Lord Leigh, by Sir William Bromley, plaintiff, reciting the bill of complaint of the plaintiff's grandfather, exhibited in Michaelmas Term 12 (?22) Charles II [1660], wherein it was alleged that for 30 years the plaintiff had been seised of the rectory impropriate of Stonley, to which from time out of mind all manner of tithes, including tithe of wood, were due, and that the defendant had for three years past occupied a wood in Finham called Gregoryes Grove, alias Graunge Grove, alias Neather Wood or Grove pertaining to the said rectory, and had cut down at least ten of the forty acres and converted them to his own use without paying the necessary tithe; also reciting the defendant's answer that, although he confessed that the plaintiff was the owner of the Stonley rectory and that he, as the guardian of Loveisgod Gregory, was the occupier of the said grove, yet he believed the said grove, together with Hellinghall Graunge, about 100 years ago was granted by the Crown to the Gregory family as parcel of the lands which had come into its possession on the dissolution of the abbey of Stonley, and as such was exempt from tithe; also reciting the plaintiff's bill of revivor, exhibited in Easter Term, 14 Charles II [1662] that witnesses had been examined and would give evidence accordingly, and reciting that the defendant made answer as before; also reciting the depositions of John Benyon, John Man, Stephen Crosse, Thomas Casemore, Richard Stone and Thomas Hamlyn, witnesses examined on the part of the plaintiff, that the plaintiff was the owner of the said rectory and that tithes had been paid to him out of the parish, that Hellinghall Grove, alias Gregoryes Grove belonging to Hellinghall Graunge, was a reputed parcel of the said rectory, that the defendant has paid tithe of corn and oats for land in Finham for seven years past, that a few years since the defendant had cut down several acres in the said grove, that tithe of wood was due from all woods in the parish of Stonley and that the defendant had refused to pay the tithe of wood for the trees which he had cut down in the said grove; also reciting the depositions of Thomas Grissold, Benedict Lynes, Thomas Hamlyn, John Gamble, Edward Agborew, clerk, Robert Breirley, Thomas Sly, Richard Franckton, Mathew Stare, John Allett and John Yardley, witnesses examined on behalf of the defendant, that, 40 years since, John Gregory cut down the trees in the said grove but paid no tithe, that the wood cut down more recently has not been sold but has been used on the estate, that the defendant has always paid his tithe wood and smoke penny, that a grove of Sir Clement Fisher in Finham is not liable to the tithe of wood and that the defendant refused to pay tithe of wood because he had never done so before; also reciting that in Michaelmas Term, 24 Charles II, it was ordered that the plaintiff should bring an action of debt against the defendant for refusing to pay tithe of wood, and that at the subsequent trial a verdict was passed for the defendant; also reciting that in Trinity Term, 24 Charles II [1672], it was ordered that the plaintiff should discontinue the first issue, and that upon payment of costs, there should be a new trial upon the points in the order of 12 February; and reciting that at the second trial a verdict was passed for the defendant; it is now prayed that the plaintiff's bill be discharged and costs paid.