Manuscripts and Special Collections

Ma B 168/168 : Document relating to the quarrel over the ownership of Cocking Moor, late 17th century

William Pierrepont Esqr. Pll[aintiff]

Paul Elam
Thomas Stanley
William Newbold            Def[endan]ts
Edward Lee

Action of Trepass for cutting & carrying away the Soyle of the said William Pierrepont in a ground called Westwood al[ia]s Cocken Moore a Common within the mannor and Parrish of Laxton.

The Def[endan]ts have appeared &c. but have not yet pleaded.

They say that the Soyle in question is within the mannor of Boughton & not within the mannor or parrish of Laxton & that the Soyle which they cutt & carryed away was the Soyle of Thomas Markham Esqr. within his mannor of Boughton. And they did cutt & carry away the sayd Soyle by the Appointment of the said Tho. Markham.

Evidence for the Pll[aintiff That the Soyle in question is within the Mannor & Parrish of Laxton.

A Booke of Survey & Mapp of the mannor of Laxton made in the yeare 1635 S[ir] William Courten being then owner of the sayd mannor of Laxton Butting & Bounding Westwood al[ias] Cocken Moore to bee wholy within the Mannor of Laxton & setting forth the Acres, Roods & Pearches thereof to bee of such numbers As the sayd Westwood al[ia]s Cockenmoore doth containe. Booke of Survey & Mapp
That the Viccar & Parrishoners of Laxton have tyme out of minde and to this tyme gone processions & made crosses to a Ditch and Hedge at the end of the said Westwood to Boughton lane. As to the Soyle within the mannor & Parrish of Laxton which includes wholy the said Westwood al[ia]s Cocken Moore. That they never knew or heard that the owner of the mannor of Boughton or any of Boughton did ever goe any processions or make any Crosses or ever claymed any Soyle within the said Westwood al[ias] Cocken Moore.  
That the Inhabitants of Laxton have tyme out of mind cutt & carryed away to Laxton Thornes &c where the Def[endan]ts did cutt the Soyle. That when they were youths & went processions and made crosses to the sayd Ditch & Hedge Old men goeing with them tould them they had done so from theire youthes & old men had sayd the same to them &c. Very many witnesses without exception. Many very ancient
That they kept beasts &c for the Inhabitants of Laxton on the grounds where the Defend[an]ts did cut the soyle as aforesaid & never heard that Boughton did clayme any right to any soyle within Westwood al[ia]s Cocken Moore.  

Evidence as the Def[endan]ts pretend that the Soyle in question is within the Mannor of Boughton.

M[emoran]d[u]m That all theis witnesses for Boughton doe say that noe parson, Viccar &c did ever goe in processions with them into the sayd Westwood al[ia]s Cocken Moore That they with others did goe in processions & made Crosses to a place in the said Westwood al[ia]s Cocken Moore within which place the soyle which the Def[endan]ts cutt & carryed away is included I heare that the Def[endan]ts say they have two ancient witnesses to this