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faid plaintiff's, by theirattorney, complain, that whereas the manord Banstead, in the, &c. nowis, and from time whereof, &c. hath been an ancient manor, and in the manor of Banstead there now are, and during all the time aforesaid have been divers customary tenements within, and parcel of the said manor aforesaid, demised and demiseable by copy of the court rolls of the said manor, by the lord of the said manor for the time being, or by his steward of the courts of the said manor for the time being, to any person or persons wiling to take the same in fee fimple, or otherwise, at the will of the laid bird, according to the faid manor, to wit, at, &c.: And whereas before and at the time of the committing of the grievance hereinafter mentioned, to wit, on, &c. a certain messuage or tenement, &c. within the said manor, and abutting, &c. together with the orchard, &c. situate, lying, and being in the parish of, &c. aforesaid, and within the faid manor, were a customary tenement of the man'r afureiaid, demised and demiseable, &c. &c. (as before), to wit, at, &c. aforelaid: And whereas afterwards, and before the committing, &c. to wit, on, &c. at, &c. aforefaid, Rowland Frye, esquire, was lord of the said manor of Ban. stead, whereof the laid cuftoniary tenement was parcel, and the faid R. F. esquire, so being lord of the said manor of Banstead whereof, &c. afterwards, and whilst he was so lord of the said manor, and before the committing, &c. to wit, at the court haron of the said R F. eiquire, holden in and for the manor of Banstead aforesaid, on Monday, the eleventh day of April, in the third year of the reign, &c. A. D. 1763, by and before Thursto Black. man, gentleman, steward there, by the copy of the court rolls of the said manor, granted the faid customary tenement, with the appurtenances, to the said M. whilst the was fole then Mary Noriis, spinster, and to the faid S. M. to have and to hold the fame, with the appurtenances, unto them the said M. and S. M. their beirs and asigns for ever, as coparceners of the lord of the said manor, at the will of the lord, according to the custom of the said manor ; by virtue whereof the said M. whilst she was sole, and the said S. 11. afterwards, and before the committing, &c. to wit, on the said, &c. to wit, at, &c. aforesaid, en. tered into the said customary tenement, with the appurtenances, and became and were thereof feifed in their demesne as of fee at the will of the lord, according to the custom of the said manor ; and the said M. and S. being so feised of the said customary tenement, with the appurtenances, the the faid M. afterwards, to wit, on, &c. to wit, at, &c. aforesaid, intermarried with and took to husband the said W. B. by means whereof the faid W. B. and M. his wife, in right of the said M. became and were feited in coparcenery with the said S. in their demelne as of fee at the will of the lord, according to the custom of the manor aforesaid of the estate and interest of the said M. to wit, in coparcenery together with the said S. of and in the said customary tenement, with the appurtenanccs; and the said W. and M. in right of the faid M. and the faid S hate from thence hitherto been, and itill

are feised in their demesne as of fee at the will of the lord, according to the custoin of the said manor of and in the said cyítumary tenement, with the appurtenances: And the said W, and M. his wife and S. further day, that they being so feised as afore. said, one Samuel Morris, before and at the time of the com. mitting, &c. and long afterwards, was pofTefled of the said cuitomary tenement, with the appurtenances, to wit, as tenant thereof to the said W. and M. his wife, and S. to wit, at, &c, aforesaid ; yet the said R. well, &c. but contriving, &c. to hurt, injure, and prejudice the said W. and M. his wife, and S. in their hereditary eftáte of and in their afurefaid customary tenement, with the ap. purtenances, and to damaye the same whilst they the laid W. and M. in right of the said M. and S. were fo feised of the customary teneinent, with the appurtenances, and whilst the fame was fo il the pollemon of the said Samuel M. as tenant thereof to then the faid W. and M. his wife, and S. as aforesaid, to wit, on, &c; at, &c aforesaid, wrongfully and unjustly entered into the faid cloro called, &c. parcel of the said cuitomary tenement as aforesail, and did then and there wrongfully and unjustly cause and procura to be cut down, &c. divers iimber trees and fruit trees, to wit, &c. &c. there then lately standing, growing, and being in the said close called, &c. parcel, &c. each and every of the laid trees being of a large value, to wit, of the value of forty fillings, and took and carried away the same, and converted and difpoted thereof to his own use, and did then and there with spades, pick axes, and other iron instruments, wrongfully and unjustly dig up, tear up, &c. and wrongfully and unjufily caule, &c. the foil

, to wis, one hundred perches of the foil of the laid W. and M. his wife, and S. in the faid close called, &c. parcel, &c. and took and carried away, and caused to be taken and carried away the foil and earth, to wit, fix cart loads of the soil, &c. of the laid W. and M. his wife, each and every of the fiid cart-loads of fi!, and each and every of the faid cart-loads of earth being of a large value, to wit, of the value of ten hillings, and took and carried away the Lume, and converted and difpoted thereof to his own use, to the great damage and injury of the laid W. and M. his wife, and S. of and in their hereditary eitate of and in the faid close, parcel, &c. so being in the poilcfion of the laid Samuel M. as tenant thereof to them as atorelaid, and the laid W. and M. his wite, an S. by means of the promiles atorelail, have been and are otherwise greatly injured and dannified in their etale aforesaid, to wit, at, &c. : And whereas, &c. &c. (the second Count contained the fame charge a; the tirit), the only difference between them was, that the plaintiff's did not in the second state their title Ipecially, as in the firt, but fay generally (a), that they the plaintiff's, at the time of committing, &c. and long before, were leiled in their demelna as offee, at the will of the lord, &c.

a) Qu. Whether tias would not be demurrabls !

Pisa,

Special pleas Plea, first, not guilty; secondly, as to the several supposed grievthereto, deduc. ances, (after stating that the tenement, close, and supposed grieving

title

ances in each of th: Counts mentioned, are in fa&t one and the through several desc pt to ano

same, and confefling the existence of the manor, and that within ther person, as the said manor there are divers customary tenements demised and senani in tail, demiseable, &c. as stated in the declaration; the defendant, by way under a custom wf justification, pleaded as follows:) Yet for plea in this behalf, of the maror in

the defendant faith, that the said customary tenements, with the nature of boroug Engith, the appurtenances, in the faid declaration mentioned, and in as krvant

t which, &c. now is, and for a long time before and on the whom di serdant twelfth day of O&tober, which was in A. D. 1664, and from jurifies travelf. thence until and at the time of the committing, &c. in the ing the fe.lin of the plaintiffs,

faid declaration mentioned, was, and from tience hitherto hath (protesting a. been, and itill is within and part and parcel of the manor of Bangainst the grant stead aforesaid, in the said declaration mentioned, and a customary to plaint.ff,that tenement of that manor, demised and demiseable by copy of the they were not court rolls of the said manor for the time being, or by his steward ed in the declas of the courts of the said manor for the time being, to any person or ration. persons willing to take the fame in fee fimple or otherwise, at the

will of the lord, according, &c. to wit, at, &c. aforesaid: And the faid defendant further faith, that within the suid manor of Basfiead there now is, and from time whereof, &c. there hath been a certain ancient and laudalle cuflom there used and approved of, that

is to say, that when and so often as any person being feijed in fee fire ple or fee tail at the will of the lord, according, & c. of any cuftsmary tenement, with the appurtenances, parcel of the said muner, hath died jo seised thereof, leaving two or more fons of his body lawfully begotten him surviving, that then and in any such case, every such customary tenement, with the appurtenancés, defiends and comes to, and bath during all the time last aforesaid, by tłe cuftom of the said manor, defended and come to, and bath been used and accustomed to descend and come to, and of right accordo ing to the said cuflom, ought to defcend and come to the young efl son of every such person fo dying feised thereof as aforesaid, to have and to hold the same unto such youngest son accordingly, at the will of the lord according, &c. to wit, at the parish aforesaid: And the said d:fondant further faith, that long before the committing, &c. in the said declaration mentioned, to wit, on the said, &c. at, &c. aforesaid, one A. B. was feised of the manor aforesaid, with the appurtenances, in his demesne as of fee, and was lord of the faid manor of Banítead, whereof the said customary tenement, with the appurtenances in the said declaration mentioned, and in which, &c. then was and yet is parcel, and the faid A. B. so being feised, and lord of the said manor, whereof, &c. afterwards, and whilft he was so feised and lord of the said manor, and long before the committing, &c. in faid declaration mentioned, to wit, at the court baron of the said A. B. so then being lord of the faid manor of Banstead holden in and for the said manor, on Monday, the said, &c. aforesaid, by Edward Thurland, efq. his steward there,

by

by the copy of the court rolls of the said manor granted the said customary tenement, with the appurtenances, in the said declaration mentioned, and in which, &c. to Andrew Stephens, deceased, in his lifetime, and Ann his wife allo deceased, in her life. time, to have and to hold to the faid Andrew Stephens and Ann his wife, and the heirs of their bodies lawfully begotten or to be begotten, and for default of such issue, to the use and behoof of the said heirs of the said Andrew Stephens for ever, at the will of the lord, according, &c.; by virtue of which said grant the said Andrew Stephens in his lifetime, and A. his wife in her lifetime, afterwards, and long before the committing, &c. to wit, on the said, &c. aforesaid, entered into the faid customary tenement, with the appurtenances, in the faid declaration mentioned, and in which, &c. fo granted as aforesaid, and became and were thereof feised in their demesne as of fee tail, at the will of the lord, according, &c.: And the said defendant further faith, that the said Andrew Stephens and A. his wife being so seifed of the said customary tenement, with the appurtenances in the laid declaration mentioned, and in which, &c. after the said grant, and whilst they were so seired of the said customary tenement, with the appurtenances in the said declaration mentioned, and in which, &c. and long before the committing, &c. to wit, on the faid, &c. at, &c. aforesaid, the faid Andrew Stephens and Ann his wife died, and each of them died; and that the said Ann Stephens, who survived the said Andrew Stephens, left at the time of her death a youngest son, (ACCORDING TO THE CUSTOM OF THE SAID MANOR, AN) heir on her body by the faid Andrew Stephens lawfully begotten her surviving, that is to say, ore William. Stephens, to wit, at, &c. aforesaid, and that the said William Stephens, after the death of the said Andrew Stephens and A. his wife, to wit, on the said, &c. at the, &c, aforesaid, as youngest (SUCH] son and heir of the bodies of the said Andrew Stephens and Ann his wife lawfully begoiten, entered into, and then and there became and was seiled of and in the said customary tenement, with the appurtenances in the faid declaration mentioned, and in which, &c. in bis demesne as of fee tail, at the will of the lord, according to the custom of the said manor: And the faid defendant further faith, that the said William Stephens being so leised of the customary tenement, with the appurtenances in the faid declaration mentioned, and in which, &c. as aforesaid, he the said William Stephens afterwards, and whilft he was so thereof feised, and long before the committing, &c. to wit, on the said, &c. at, &c. aforesaid, died, leaving at the time of his death a youngest son (ACCORDING TO THE CUSTOM OF THE SAID MANOR, AN) heir of his body lawfully begotten, that to say, one John Stephens him surviving, to wit, at, &c aforefaid: And the laid defendant further faith, that upon the deach of the said William Stephens as aforesaid, the said Jono Stephens then and there, to wit, on the day and year latt aforesaid, as (SUCH) youngest son and heir of the said William Stephens lawiully begat

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ten, entered into and became and was feifed, &c. (as before): And the said defendant further faith, that the said John Stephens being fo feised of the said customary tenement, with the appurtenances in the said declaration mentioned, and in a certain, &c. as aforesaid, he the said John Stephens afterwards, and whilft he was so thereof leised, and long before the committing, &c. to wit, on the thirtieth day of September A. D. 1770, at, &c. aforesaid, died, leaving at the time of his death a youngest son, and (ACCORDING TO THE CUSTOM OF THE SAID MANOR, AN) heir of his body lawfully begotten, that is to say, one William Stephens him fur: viving, to wit, at, &c. aforesaid: And the faid defendant further faith, that upon the death of the said John Stephens as aforefaid, the said lal-mentioned William Stephens then and there, to wit, on the day and year last aforesaid, at, &c. as youngest [SUCH) son and heir of the body of the faid John Stephens lawfully begotten, entered into and became and was seised of and in the said custoa mary tenement, with the appurtenances as aforesaid in the said de. claration mentioned, and in which, &c. in his deniesne as of fee. tail, at the will of the lord, according, &c. ard from thence hitherto hath been, and fill is so leiled chereof; to wit, at, &c. aforefaid: And so the faid defendant further faith, that the laid customary tenement, with the appurtenances in the said declaration mentioned, and in which, &c. long before and at the said time when, &c. in the said declaration mentioned, was and still is the customary tenement of the said last-mentioned William Stephens at the will of the lord, according, &c. to wit, at, &c. aforefaid, for which reason he the said Ifaac, as the servant of the said lastmentioned William Stephens, and by his command, at the said time when, &c. in the said declaracion mentioned, entered the said close called the Orchard in the said declaration mentioned, and in which, dic. as being the close of the said last-mentioned William Siephens, and parcel of his faid customary tenement, with the appurtenances, and cut down, &c. and set up, &c. &c. as he lawfully might for the cause aforesaid, which, Sic. &c. whereof, &c. without this, that before or at the time of committing, &c. in the said declaration mentioned, or at any time afterwards, the said plaintiffs were feised in their demesne as of fee at the will of the lord, according, &c. aforefaid, of and in the faid customary tene. ment, with the appurtenances in the said declaration mentioned, and in which, &c. as the faid plaintiffs have above in their laid declaration in that behalf alledged, and this, &c. wherefore, if, &c. [zd Plea was exactly similar to the second, except only that the custom for the copyholds descending to the youngelt son was not repeated, and that the words in small capitals, and included in crochets, which are not in the second plea, are introduced in the third, initead of those in Italic, which stand in the second plea, but are omitted in the third.] [4th, admitting as in the second and third pleas, and also that the said premises in the declaration inentioned, before and at the time of the committing of the said, &c.

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