and being fo thereof poffeffed, the faid S. W. afterwards, and before the faid time when, &c. during the lives of the faid A. E. W. S. C. and W. F. to wit, on, &c. at, &c. in, &c. demifed the faid tithes, with the appurtenances, amongst other things, to the faid Peter, to hold the fame unto the faid Peter from Michaelmas day then laft paft, according to the old ftile and computation of time formerly ufed within this kingdom, unto the full end and term of ten years from thence next enfuing, and fully to be complete and ended if the estate of the faid Sarah fhould fo long therein continue, and which ftill doth continue; by virtue of which faid laft-mentioned demife the faid Peter afterwards, and before the faid time when, &c. to wit, on, &c. at, &c. in, &c. entered upon the faid tithes, with the appurtenances, and from thenceforth until and at the fame time when, &c. was and ftill is thereof posfeffed, and being fo thereof poffeffed, the tithe of certain barley growing in and upon the faid clofe in which, &c. in the faid A. D. 1779, and which in that year before the faid time when, &c. had been cut down and reaped before the faid time when, &c. to wit, on, &c. was divided, reaped, and fet out from the refidue of the faid barley there, and was lying and being there for the use of the faid Peter, the farmer and occupier thereof as aforefaid; by reafon whereof the faid Peter, a little before the faid time when, &c. to wit, on, &c. fent his fervant and horfes with the faid two waggons in the faid declaration mentioned into the faid clofe in which, &c. for the purpose of taking and carrying away the faid barley fo as aforefaid divided, separated, and fet out for the tithe aforefaid there then being and remaining as aforefaid, as it was lawful for him to do, and the faid two waggons were in the faid clofe in which, &c. on the occafion aforefaid, until the faid Simon at the faid time when, &c. took and unjustly detained the fame against fureties and pledges, in manner and form as the said Peter, hath above thereof complained against him; and this, &c.; wherefore, &c. and his damages by reafon of the taking and unjuft detaining of his faid goods and chattels to be adjudged to him, &c.: And the faid Peter, as to the faid avowry of the faid Simon Plea in bar to by him fecondly above made, &c. [fame as the laft, only pleading the fecond ato the fecond avowry, without mentioning any thing of W. B.] vowry fame, only omiting mention of the other co-tenant.

And the faid Simon, as to the faid plea of the faid Peter Replication to by him above pleaded to the faid avowry and cognizance of him the plea in bar the faid Simon by him firft above made, as to the faid taking of to the first a one of the faid two waggons in the faid declaration mentioned, vowry, as to one of the wagwhich in this replication is by the faid Simon by way of diftincgons, admitting tion called, fays, that he, by reafon of any thing in that plea al- the plea, but ledged, ought not to be barred frow avowing and acknowledging that after the of the taking of one of the faid two waggons in the faid de- waggon claration mentioned in the faid place in which, &c. to be just i tained an unrea

was

loaded it was de

fonable length of time, therefore they took it doing damage to the grafs and foil.

because

because he fays, that true it is that the faid M. late lord bishop of Ely in his lifetime, was feifed as of fee and right in right of his faid bishoprick of and in all and fingular the tithes of corn yearly growing, coming, and renewing in and upon the faid clofe in which, &c. and that he demifed the fame to the faid E. W. his heirs and affigns, in manner and form as by the faid plea in bar is above in that behalf alledged; and that the faid E. W. died feifed of the faid tithes in manner and form as by the faid plea in bar is above alledged; and that on the decenfe of the faid E. W. the faid tithes defcended and came to the faid S. W. and that the faid S. W. was feifed of the faid tithes, and demifed the fame to the faid Peter in manner and form as the faid Peter hath above in his faid plea in bar above alledged; and that the faid Peter, by virtue of that demife, entered upon the faid tithes, and until and at the faid time when, &c. was and ftill is thereof poffeffed, and that being fo thereof poffelfed, the tithe of certain barley growing in and upon the faid clofe in which, &c. A. D. 1779, and which in that year before the faid time when, &c. had been cut down and reaped, and was divided, feparated, and fet out from the refidue of the faid barley for the ufe of the faid Peter, and that by reafon thereof the faid Peter, before the faid time when, &c. fent his fervants and horfes with that faid one of the two waggons in the faid declaration mentioned into the faid clofe in which, &c. for the purpofe in the faid plea in bar in that behalf mentioned, as the faid Peter hath above in his faid plea in bar in that behalf alledged: but the faid Simon further faith, that one of the faid waggons in the faid declaration mentioned fo being in the faid clofe in which, &c. under the pretence aforefaid, after the fame was fo brought into the faid clofe in which, &c, and before the faid time when, &c. was there fully loaded with the faid barley tithe, and that waggon fo loaded as aforefaid was kept and detained by the faid fervants of the faid Peter in the clofe in which, &c. for a long and unreafonable time, to wit, for the fpace of four hours next after the fame was fo loaded as aforefaid, and before the faid time when, &c. was of the proper wrong of the faid Peter in the faid clofe, in which, &c. taking up room there and incumbering the faid clofe, and doing damage there to the faid Simon and W. B. for which reafon the faid Simon in his own right, and as bailiff of the faid W. B. after that waggon had been fo loaded as aforefaid, and after the end and expiration of a reasonable time was elapfed after the faid loading of the faid tithe barley, for the taking and removing that waggon out of the faid clofe in which, &c. to wit, at the faid time when, &c. in his own right, and as bailiff of the faid William Bishop, took the faid waggon, being one of the faid waggons in the faid declaration mentioned in the faid clote in which, &c. fo taking up room there, and incumbering the faid clofe, and doing damage there to the faid Simon as a diftrefs for the faid damage fo there done and doing by the faid waggon, and detained the faine until, &c. as the faid Simon Jawfully night for the caufe aforefaid; and this, &c.; wherefore,

&c.

fent under a

pretence, and

the barley not

&c. and a return of that one of the faid waggons, together with his damages, &c, according to the form of the ftatute to be adjudged to him, &c.: And the faid Simon, as to the faid plea of Replication as to the faid Peter by him above pleaded in bar, as to the faid avowry the other wagand cognizance of the faid Simon by him first above made as to the on, that it was taking of the other of the two faid waggons in the faid declaration mentioned, fays, that he, by reafon of any thing in that plea that the fervants alledged, ought not to be barred from avowing and acknow- drove it wanledging the faid taking of that other of the faid two waggons in only amongst the faid place in which, &c. as juft; because he fays, that true fet out for it is that the faid M. late lord bishop of Ely in his lifetime, was tithes. feifed as of fee and right in right of his faid bifhoprick, of and in all and fingular the tithes of corn yearly growing, coming, and renewing in and upon the faid close in which, &c, and that he demifed the fame to the faid E. W. his heirs and affigns, in manner and form as by the faid plea in bar is above alledged, and that on the decease of the faid E. W. the faid tithes defcended and came to the faid S. W. and that the faid S. W. was feifed of the faid tithes, and demised the same to the faid Peter in manner and form as the faid Peter hath above in his faid plea in bar above alledged; and that the faid Peter, by virtue of that demife, entered upon the faid tithes until and at the faid time when, &c. and was and still is fo thereof poffeffed, and that being fo thereof poffeffed, the tithe of certain barley growing in and upon the faid clofe in which, &c. A. D. 1779, and which in that year before the faid time when, &c. had been cut down and reaped, and was divided, feparated, and fet out from the refidue of the faid barley for the use of the faid Peter, and that by reafon thereof the faid Peter, before the faid time when, &c. fent his fervants and horses with that other of the faid two waggons in the faid declaration mentioned, into the said place in which, &c. for the purpose in the faid plea in bar in that behalf alledged: But the faid Simon further faith, that the faid other of the faid two waggons being fo fent into the said close in which, &c. for the purpofe and under the pretence aforefaid, and being under that pretence in the faid clofe in which, &c. the faid fervants of the faid Peter, at the faid time when, &c. were of the proper wrong and injury of the faid Peter, wantonly, wrongfully, and unlawfully driving the faid other of the faid two waggons in and about the faid clofe in which, &c. in and upon other barley of the faid Simon and W. B. then lying and being in the faid clofe in which, &c. being other barley than fuch as had been so divided and feparated from the reft thereof for tithes as aforefaid, and thereby that waggon was at the faid time when, &c. doing damage there to the faid Simon and W. B. for which caufe the faid Simon in his own right, and as bailiff to the faid W. B. at the said time when, &c. took that other of the faid waggons in the faid close in which, &c. fo doing damage there to the faid W. B. and Simon, as in the replication is above alledged, as a diftrefs for that damage so there done and doing by that waggon, and detained the fame as fuch diftrefs until, &c. as he the faid Simon lawfully might for the cause

aforefaid

1

waggon,

after it

fervants an un

ant took it as a

aforefaid; and this, &c.; wherefore, &c. and a return of that one of the faid two waggons, together with his damages, &c. accordReplication to ing to the form of the ftatute, to be adjudged to him: And the the plea to the faid Simon, as to the faid plea of the faid Peter by him above fecond avowry, as to the fit pleaded in bar, as to the faid avowry of him the faid Simon by that him fecondly above made, as to the taking of the faid firft of the was faid two waggons in the faid declaration mentioned, fays, that he, loaded it was by reafon of any thing in that plea alledged, ought not to be barred detained by the from avowing the faid taking of that faid firft of the faid two wagreasonable gons in the faid place in which, &c. as juft; because he fays, length of time, that true it is, &c. &c. [exactly the fame as the laft down to this and after a rea- mark ‡, when proceed as follows]: But the faid Simon further fonable time had faith, that the faid first one of the faid two waggons fo being in elapfed, defendthe faid clofe in which, &c. and before the faid time when, &c. was diftrefs for, the there fully loaded with the faid tithe barley, and that the waggon, damage. fo loaded as aforefaid, was kept and detained by the faid fervants of the faid Peter in the faid clofe in which, &c. for a long and unreasonable time, to wit, for the fpace of four hours next after the fame was fo loaded as a forefaid, and before the faid time when, &c. and during all that long and unreasonable time, and until the faid time when, &c. was of the proper wrong of the faid Peter in the faid clofe in which,&c. taking up room there and incumbering the faid clofe, and doing damage there to the faid Simon, for which reafon the faid Samuel, after that one of the faid two waggons had been fo loaden as aforefaid, and after the end and expiration of a reafonable time was elapfed next after the loading of the said tithe barley, for the taking and removing that waggon out of the faid clofe in which, &c. to wit, at the faid time when, &c. took that faid waggon, being one of the faid waggons in the faid declaration mentioned in which, &c. fo taking up room there and incumbering the faid clofe, and doing damage there to the faid Simon as a diftrefs for the damage fo there done and doing by that waggon, and detained the fame as fuch diftrefs until, &c. as he lawfully might for the caufe aforefaid; and this he is ready to verify; wherefore, &c. and a return of that one of the faid two waggons, together with his damages, &c. according to the form Replication to of the ftatute, to be adjudged to him: And the faid Simon, as to the plea to the the faid plea of the faid Peter by him above pleaded in bar, as to as to the other the faid avowry of him the faid Simon by him fecondly above made waggon, that it as to the taking of the faid other of the faid two waggons in the was in the clofe faid declaration mentioned, fays, that he, by reason of, &c. (fame under a pre- as the former, down to this mark ): But the faid Simon further faith, that the faid other of the faid two waggons in the faid declawrong of the ration mentioned being fo fent into the faid clofe in which, &c. plaintiff. under the pretence, and for the purpofe aforefaid, the faid fervants of the faid Peter, at the faid time when, &c. were in the faid close in which, &c. wrongfully and injurioufly, and of the proper wrong and injury of the faid Peter, wrongfully, wantonly, inju riously, and unlawfully driving that faid other of the faid two waggons in and about the faid clote in which, &c. in and upon, and over other barley of the faid Simon, then lying and being in the

fecond avowry

tence, and of
the

proper

faid clofe in which, &c. being other barley than fuch as had been or was fo divided and feparated from the reft thereof for tithes as aforefaid, and that waggon was thereby at the faid time when, &c. doing damage there to the faid Simon in the faid close in which, &c. otherwife than as mentioned in that plea in bar in that behalf, for which reafon the said Simon, at the faid time when, &c. took that other of the faid two waggons in the faid clofe in which, &c. fo doing damage there to the faid Simon as in this replication is above alledged, as a diftrefs for that damage fo there done and doing by that waggon, and detained the fame as fuch diftrefs until, &c. as he the faid Simon lawfully might for the cause aforefaid; and this, &c.; wherefore, &c. and a return of that other of the faid waggons, together with his damages, &c. according to the form of, &c. to be adjudged to him, &c.

And the faid Peter, as to the faid plea of the faid Simon by Rejoinder to the him above pleaded, in reply to the faid plea of the faid Peter by laft replication, de injuria fua him above pleaded in bar to the faid avowry and cognizance of the propria as to the faid Simon by him first above made, as to the faid taking of one other replica of the faid two waggons in the faid declaration mentioned, fays, tions, and iffue that the faid Simon, by reafon of any thing in his faid plea fo plead thereun, ed in reply, ought not in his own right to avow, nor as bailiff of the faid W. B. to acknowledge the taking the faid one of the faid two waggons in the faid clofe in which, &c. to be just; because he the faid Peter fays, that the faid Simon, at the faid time when, &c. in the faid clofe in which, &c. of his own wrong, and without any fuch caufe as is by him in the faid plea fo first above pleaded in reply alledged, took and unjustly detained the faid one of the faid two waggons in manner and form as the faid Peter in his faid declaration above thereof complains against him the faid Simon; and this the faid Peter prays may be enquired of by the country, and the faid Simon doth the like; and the faid Peter, as to the faid plea of the faid Simon, &c. [De injuria to the other three replications.]

LIDDIARD and

his freehold.

AND the faid Francis, by Andrew Innys his Avowry for da attorney, comes and defends the force and injury, mage feafant in CRESWICK. when, &c. and well avows the taking of the cattle aforefaid in the faid place in which, &c. unjustly, &c.; becaufe he fays, that the fame place in which, &c. is known, and at the faid time when, &c. and long before, was known as well by the name of Hannam's Common as by the name of Hannam's Heath, and contains at the fame time when, &c. in itfelf fifty acres of pasture, with the appurtenances, in the faid parish of Bitton, in the faid county of Gloucester; which faid fifty acres of palture, with the appurtenances, are, and at the fame time when, &c. were the foil and freehold of him the faid Francis; and because the cattle aforefaid, at the faid time when, &c. were in the