It appears to be a case of Forcible Entry and Disseisin (= dispossession)
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And that Major Theakston, late of Grantley in the aforesaid county, husbandman, on the first day of August in the tenth year of the Lady Anne (1712), by the grace of God now Queen of Great Britain etc., in two closes called Moor Pieces and one other close called Linton Croft, in Andfield-cum-Studley in the West Riding of the county aforesaid, being the freehold tenement of a certain Richard Linton, did go in and make entry with force of arms, namely with swords etc., and with a strong hand and unlawfully, upon the possession of the same Richard Linton. And he expelled and threw out that Richard by force of arms, and with a strong hand and unlawfully. And the aforesaid Richard was then unjustly dispossessed; and he then kept out the aforesaid dispossessed Richard from the aforesaid closes by force of arms and with a strong hand, from the aforesaid first day of August in the abovementioned tenth year until the day of the recording of this inquiry; and he still keeps him out, in contempt of the said Lady Queen and her laws, and against the peace etc., and contrary to form of law. Neither the aforesaid Major himself, nor anyone else of his estate, held anything in the said closes or in any other parcel (of land) within the three years next preceding his aforesaid entry.
Thanks so much for the translation.
So my ancestor was a bit of a swordsman and rogue! A close is a house or farm? So basically the accusation is that he kicked some guy named Richard Linton out of his abode and took possession of the abode by force when he allegedly had no legal title or ownership of the property.
Is this a civil matter of property rights or a criminal complaint of "forcible home invasion, trespass and property theft with a weapon"? If civil, presumably this entry lays out the accusation of one citizen against another, if a criminal complaint would this entry lay out the "charge" of a sheriff or constable (or lawman of some sort)? Did Quarter Sessions of the time deal with both civil disputes and criminal charges? Early English historians out there, let us know your thoughts.
Too bad there is no verdict or finding or punishment in this entry, just the complaint. It would be nice to find the outcome.
Major Theakston married a Mary Linton from Aldfield in 1711. I suspect the scene of the crime (or site of dispute) is in Aldfield near Studley Rogers. Is the Richard Linton his father-in-law, brother-in-law or other relative suggesting a family feud, or did his wife or her family ask him to kick out a freeloading relative? Nothing like getting in good with the new family by doing their strong arm dirty work for them...LOL.
All very fascinating. Who said genealogy is boring?!