——To wit. James HUNT, Esq; was summoned to answer to Thomas TILBURY of a plea wherefor he took the cattle of him the said Thomas, and the same unjustly detained against sureties and pledges; and whereupon the said Thomas, by F.W. his attorney, complains that the said James, on the twenty-fourth day of March, in the year of our Lord one thousand seven hundred and thirty four, at Mitcheldever, in the county aforesaid, in certain places there called the Middle Field, otherwise the Middle Grounds, The Beacon Lands, and The Ten Acres, the goods and cattle of the said Thomas, to wit, eighty two sheep and one lamb, did take and unjustly detain them against sureties and pledges until, &c. whereupon the said Thomas saith that he is injured, and hath sustained damages to the value of forty pounds, and thereof he brings his suit, &c.

Avowry
AND the said James, by T.S. his attorney, comes and defends the force and injury, when, & c. and the said James well avows the taking of the said cattle in the said place called the Middle Field, otherwise the Middle Ground, The Beacon Lands, and The Ten Acres, because he says that the said place, in which, &c. at the said time when, &c. were and are the soil and freehold of the said James, and because the said cattle at the said time, when &c. were in the said places, in which, &c. feeding on the grass then growing there, &c. doing damage to the said James there, the said James well avows the taking of the said cattle in the said places, in which, &c. and unjustly, &c. so doing damage there, &c.

AND the said Thomas saith that the said James, for the reason above alledged, ought not to avow the taking of the said cattle in the said places, in which, &c. to be just, because he saith that before the said time of the taking of the cattle aforesaid, and also at the said time of taking, &c. Richard EDGECOMBE, Esq; was seized of and in a certain close called the Bakelands, formerly called the Down, otherwise Litchfield Down, with the appurtenances, lying and being in the parish of Stephenton, in the county aforesaid, in his demesne as of fee, and being so seised thereof, he the said Richard EDGECOMBE before the said time when, &c. to wit, upon the twenty ninth day of September, in the year of our Lord one thousand seven hundred and thirty, at the parish of Mitcheldever aforesaid, demised to the said Thomas from thenceforth so long as both the said parties should please, by virtue of which demise the said Thomas before the said time when, &c. entered dinto the said demised premises, with the appurtenances, at the said time, when, &c. was and still is possessed thereof; and the said Thomas further saith, that the said close called the Bakelands, lies, and at the said time when, &c. and also time out of mind lay contiguous and next adjoining to the said close of the said James, called the Middle Field, otherwise, &c. in which, &c. and that the said close called the Middle Field, &c. on which, &c. lies, and at the said time when, &c. and also time out of mind lay contiguous and next adjoining to the said places called the Beacon Lands, in which, &c. on one side, and to the said close called the Ten Acres, in which, &c. on the other side thereof, and that the owners and occupiers of the said close called the Middle Field, otherwise the Middle Ground, in which, &c. from time to time, from time whereof the contrary is not in the memory of man, have maintained, repaired and amended, and have been used and accustomed, and of right ought to make, maintain, repair and amend the hedges and fences between the said close called the Middle Field, otherwise the Middle Ground, in which, &c. and from thence into the said closes called the Beacon Grounds and the Ten Acres, in which, &c. and do damage there; and the said Thomas further saith that he the said Thomas being so possessed of the said close called the Bakelands, with the appurtenances as aforesaid, before the said time when, &c. to wit, upon the said twenty fourth day of March, in the said year of our Lord one thousand seven hundred and thirty four, put his said cattle into the said close called the Bakelands, to depasture the grass then growing there, and that the hedges and fences between the said close called the Bakelands, and the said close called the Middle Fields, otherwise the Middle Ground, in which, &c. before and at the said time when, &c. were broken down and in decay for want of repairing thereof, and not sufficiently maintained to keep out cattle from escaping into the said close called the Middle Field, otherwise the Middle Ground, in which, &c., whereby the said cattle of the said Thomas so going and depasturing in the said close called the Bakelands, before the said time of taking, &c. to wit, upon the said twenty fourth day of March, in the said year of our Lord one thousand seven hundred and thirty four, escaped out of the said close called the Bakelands, and from thence entered into the said close called the Middle Field, otherwise the Middle Ground, in which, &c. and from thence into the said close called the Beacon Ground and the Ten Acres, in which, &c. for want of sufficient repairing and maintaining the said hedges and fences between the said close called the Bakelands and the said close called the Middle Field, otherwise the Middle Ground, in which, &c. and for the cause aforesaid were in the said several closes, in which, &c. feeding the grass there growing, until the said James afterwards, to wit, the same day and year last abovementioned, of his own wrong, took the said cattle in the said several places, in which, &c. and unjustly detained them against sureties and pledges, until, &c. as the said Thomas above complains against him, and this he is ready to verify; wherefore inasmuch as the said James hath above acknowledged the taking of the said cattle in the said places in which, &c. the said Thomas prays judgment, and that his damages by reason of the taking and unjust detaining of the said cattle, may be adjudged to him, &c.

Rejoinder
AND the said James saith, that he by any thing above alledged by the said Thomas in pleading, ought not to be barred from having his said avowry, because protesting that the owners and occupiers of the said close called the Middle Field, otherwise the Middle Ground, in which, &c. from time to time, from time whereof the contrary is not in the memory of man, have not made, maintained, repaired and amended, and have not been used and accustomed, nor of right ought to make, maintain, repair and amend the hedges and fences between the said close called the Middle Field, otherwise the Middle Ground, in wich, &c. and the said close called the Bakelands, as is above alledged for plea, the said James as before saith, that the said cattle at the said time whe, &c. were in the said places called the Middle Field, otherwise the Middle Ground, the Beacon Ground and the Ten Acres, in which, &c. feeding the grass there growing, and doing damage to the said James there, without this, that the said hedges and fences between the said close called the Bakelands, and the said close called the Middle Field, otherwise the Middle Ground, in which, &c. were broken down and in decay for want of repairing thereof, as the said Thomas hath above by his pleading alledged, and this he is ready to verify; wherefore (as before) he prays judgment, and that a return of his said cattle, together with his damages, &c. may be adjudged to him, &c.

Surrejoinder
AND the said Thomas as before saith, that the said hedges and fences between the said close called the Bakelands, and the said close called the Middle Field, otherwise the Middle Ground, in which, &c. were broken down and in decay for want of reparing thereof, in manner and form as he the said Thomas hath by his said plea above alledged, and this he prays may be inquired of by the country, &c.

On parole evidence
——To wit. Thomas TILBURY complains of James HUNT, Esq; in the custody of the marshal, &c. for this, THAT WHEREAS Richard EDGECOMBE, Esq; upon the twenty ninth day of September, in the year of our Lord one thousand seven hundred and thirty, and long before, was seised of and in a certain close called Charles Down, and another close called the Bakelands, with the appurtenances, lying and being in the parish of Stephenton, in the county aforesaid, in his demesne as of fee, and being so seised thereof the said Richard Edgecombe afterwards, to wit, upon the same day and year abovementioned, at Basingstoke aforesaid, demised the same closes, with the appurtenances, unto the said Thomas TILBURY, to have and to hold the same to the said Thomas TILBURY from thenceforth so long as both the parties should please; by virtue whereof the said Thomas TILBURY entered into the said closes, with the appurtenances, and was and still is possessed thereof, which said closes lye, and during all the time aforesaid, and also time out of mind have lain contiguous and next adjacent to a certain close of the said James HUNT, called the Middle Field, otherwise the Middle Ground, with the appurtenances lying and being in Mitcheldever, in the county aforesaid; and the said James and all others the tenants and occupiers of the said close called the Middle Field, otherwise the Middle Ground, with the appurtenances for the time being, whereof the memory of man is not to the contrary, have from time to time made, repaired and maintained, and been used and accustomed, and of right ought to make, repair and maintain the hedges and fences between the said close of him the said Thomas TILBURY, called the Bakeland, and the said close of him the said James HUNT, as often as there had been occasion; yet the said James HUNT not regarding the premisses, but devising and maliciously intending to injure and damage the said Thomas TILBURY in this behalf, afterwards, to wit, upon the first day of March, in the year of our Lord one thousand seven hundred and thirty five, and continually from thence hitherto hath permitted and suffered the said hedges and fences between the close of him the said Thomas TILBURY, called the Bakelands, and the said close of him the said James HUNT, to be broken down and in decay for want of reparation and amendment thereof, and during all the time aforesaid hath not repaired nor amended the same, but hath neglected so to do, by reason whereof divers of the said Thomas TILBURY's, to wit, horses, oxen, cows, piugs, sheep, going and feeding in his said close called the Bakelands, have from time to time during the said time last above-mentioned, through defects of the said hedges and fences, escaped out of the said close called the Bakelands, in the said close of the said James, and from thence into the said other close of the said Thomas called Charles Down, and eat up, trod down, and consumed his grass there growing, to the value of twenty pounds, and done damage to him there, whereby he saith that he is prejudiced, and damaged to the value of forty pounds, and thereupon he brings his suit.
Pledges, &c.
R. DRAPER

For killing
plaintiff's cattle.
——To wit. Thomas TILBURY complains of John WINCHWORTH, in the custody of the marshal, &c. for this, THAT the said John upon the first day of May, in the year of our Lord one thousand seven hundred and thirty six, and at divers other days and times between that day and the first day of June, in the same year, with force and arms, at the parish of Mitcheldever, in the said county, took, chased, drove, spoiled, and killed divers cattle, to wit, one hundred sheep, and one hundred lambs of him the said Thomas Tilbury, of the price of forty pounds, then found there, and did him other wrongs, to the great damage of the said Thomas Tilbury, and against the peace of his present Majesty, whereby he says he is prejudiced, and hath damage to the value of twenty pounds, and thereupon he brings his suit, &c.
Pledges.

For treading down and
consuming plaintiff's grass
by defendant with his cattle.
——To wit. Thomas TILBURY complains of James HUNT, Esq; Richard WILKINS and Richard GODDARD, in the custody of the marshal, &c. for this, THAT the said James, Richard WILKINS and Richard GODDARD, on the first day of October, in the year of our Lord one thousand seven hundred and thirty five, and at divers other days and times between that day and the first day of June then next following, with force and arms, &c. broke and entered the close of him the said Thomas TILBURY, called Charley Dear and the Bakelands, at the parish of Stephenton, in the county of Southampton, and trod down and consumed the grass and cinquefoil of the said Thomas TILBURY then growing there, to the value of forty pounds, with their feet in walking, and other grass and cinquefoil of the said Thomas TILBURY then also there growing, to the value of twenty shillings, with divers cattle, to wit, with horses, oxen, cows, pigs and sheep, eat up, trod down and consumed; and also chased, drove, spoiled and killed divers cattle, to wit, one hundred sheep, and one hundred lambs of him the said Thomas TILBURY, of the price of forty shillings, then found in the parish of Mitcheldever, in the said county, and did him other wrongs, to the great damage of the said Thomas TILBURY, and against the peace of his present Majesty, whereby he says that he is prejudiced, and hath damage to the value of twenty pounds, and thereupon he brings his suit, &c.
Pledges.

"A 1740 proposal 'relating to the breaking up & inclosing part of Compton Down' concerns four hundred acres leased by various persons from the Dean and Chapter of Winchester, who asked £1 per acre to license tillage. At this price the Compton tenants were licensed in 1741, when they also agreed to enclose the common fields, 'to burn, bake, plough, and convert to tillage 21 acres of downland.' The new fields were called 'Bakelands'.*

* 1 HRO: I8M54/F.1 and Box H, pkt. F, No. 15. See also J. S. Drew, Compton, near Winchester, 1939, P. II9."

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The text also refers to "... the depression of 1730-50"