faid plaintiffs, by their attorney, complain, that whereas the manorof Banftead, in the, &c. now is, and from time whereof, &c, hath been an ancient manor, and in the manor of Banftead there now are, and during all the time aforefaid have been divers customary tenements within, and parcel of the faid manor aforefaid, demifed and demifeable by copy of the court rolls of the faid manor, by the lord of the faid manor for the time being, or by his steward of the courts of the faid manor for the time being, to any perfon or perfons wil ling to take the fame in fee fimple, or otherwife, at the will of the faid lord, according to the faid manor, to wit, at, &c.: And whereas before and at the time of the committing of the griev ance hereinafter mentioned, to wit, on, &c. a certain meffuage or tenément, &c. within the said manor, and abutting, &c. together with the orchard, &c. fituate, lying, and being in the parish of, &c. aforefaid, and within the faid manor, were a customary tene ment of the manor aforefaid, demifed and demifeable, &c. &c. [as before], to wit, at, &c. aforefaid: And whereas afterwards, and before the committing, &c. to wit, on, &c. at, &c. aforefaid, Rowland Frye, efquire, was lord of the faid manor of Banftead, whereof the faid cuftomary tenement was parcel, and the faid R. F. efquire, fo being lord of the faid manor of Banftead whereof, &c. afterwards, and whilst he was fo lord of the faid manor, and before the committing, &c. to wit, at the court baron of the faid R F. efquire, holden in and for the manor of Banftead aforefaid, on Monday, the eleventh day of April, in the third year of the reign, &c. A. D. 1763, by and before Thurfto Blackman, gentleman, fteward there, by the copy of the court rolls of the said manor, granted the faid cuftomary tenement, with the appurtenances, to the faid M. whilft fhe was fole then Mary Morris, fpinfter, and to the faid S. M. to have and to hold the fame, with the appurtenances, unto them the faid M. and S. M. their heirs and affigns for ever, as coparceners of the lord of the faid manor, at the will of the lord, according to the custom of the faid manor; by virtue whereof the faid M. whilft fhe was fole, and the faid S. M. afterwards, and before the com mitting, &c. to wit, on the faid, &c. to wit, at, &c. aforefaid, en. tered into the faid cuftomary tenement, with the appurtenances, and became and were thereof feifed in their demefne as of fee at the will of the lord, according to the custom of the faid manor; and the faid M. and S. being fo feifed of the faid customary tenement, with the appurtenances, fhe the faid M. afterwards, to wit, on, &c. to wit, at, &c. aforefaid, intermarried with and took to hufband the faid W. B. by means whereof the faid W. B. and M. his wife, in right of the faid M. became and were feifed in coparcenery with the faid S. in their demefne as of fee at the will of the lord, according to the custom of the manor aforefaid of the estate and intereft of the faid M. to wit, in coparcenery together with the faid S. of and in the faid cuftomary tenement, with the appurtenances; and the faid W. and M. in right of the faid M. and the faid S have from thence hitherto been, and ftill

are feifed in their demefne as of fee at the will of the lord, according to the custom of the faid manor of and in the faid cuftomary tenement, with the appurtenances: And the faid W, and M. his wife and S. further fay, that they being fo feifed as aforefaid, one Samuel Morris, before and at the time of the committing, &c. and long afterwards, was poffelfed of the faid cuftomary tenement, with the appurtenances, to wit, as tenant thereof to the faid W. and M. his wife, and S. to wit, at, &c, aforefaid; yet the faid R, well, &c. but contriving, &c. to hurt, injure, and prejudice the faid W. and M. his wife, and S. in their hereditary eftate of and in their aforefaid cuftomary tenement, with the appurtenances, and to damage the fame whilst they the faid W. and M. in right of the faid M. and S. were fo feifed of the customary tenement, with the appurtenances, and whilft the fame was fo in the pollefion of the faid Samuel M. as tenant thereof to them the faid W. and M. his wife, and S. as aforefaid, to wit, on, &c, at, &c aforefaid, wrongfully and unjustly entered into the faid clofe called, &c. parcel of the faid customary tenement as aforesaid, and did then and there wrongfully and unjustly cause and procure to be cut down, &c. divers timber trees and fruit trees, to wit, &c. &c. there then lately ftanding, growing, and being in the faid clofe called, &c. parcel, &c. each and every of the faid trees being of a large value, to wit, of the value of forty fhillings, and took and carried away the fame, and converted and difpofed thereof to his own ufe, and did then and there with fpades, pick axes, and other iron inftruments, wrongfully and unjustly dig up, tear up, &c. and wrongfully and unjustly caufe, &c. the foil, to wit, one hundred perches of the foil of the faid W. and M. his wife, and S. in the faid clofe called, &c. parcel, &c. and took and carried away, and caufed to be taken and carried away the foil and earth, to wit, fix cart loads of the foil, &c. of the faid W. and M, his wife, each and every of the fiid cart-loads of foil, and each and every of the faid cart-loads of earth being of a large value, to wit, of the value of ten fhillings, and took and carried away the fame, and converted and difpofed thereof to his own ufe, to the . great damage and injury of the faid W. and M. his wife, and §. of and in their hereditary ellate of and in the faid clofe, parcel, &c. fo being in the polletion of the faid Samuel M. as tenant thereof to them as aforefaid, and the faid W. and M. his wife, and S. by means of the premifes aforefaid, have been and are otherwife greatly injured and damnified in their eftate aforefaid, to wit, at, &c.: And whereas, &c. &c. [the fecond Count contained the fame charge as the firit], the only difference between them was, that the plaintiffs did not in the fecond state their title specially, as in the first, but fay generally (a), that they the plaintiffs, at the time of committing, &c. and long before, were feiled in their demefne as offee, at the will of the lord, &c.

(a) Qu. Whether that would not be demurrable?

Plea,

defc nts to ano

the nature of

as

ration.

Special pleas Plea, firft, not guilty; fecondly, as to the feveral supposed grievthereto, deduc- ances, (after ftating that the tenement, clofe, and fuppofed griev ing a title ances in each of the Counts mentioned, are in fact one and the through feveral fame, and confeffing the existence of the manor, and that within ther perfen, as the faid manor there are divers customary tenements demifed and senant in tail, demifeable, &c. as ftated in the declaration; the defendant, by way under a cuftomf juftification, pleaded as follows:) Yet for plea in this behalf, of the maror in the defendant faith, that the faid cuftomary tenements, with boroug English, the appurtenances, in the faid declaration mentioned, and in fervant to which, &c. now is, and for a long time before and on the whom de ferdant twelfth day of October, 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 fin of faid declaration mentioned, was, and from thence hitherto hath the plaintiffs, (protesting a. been, and ftill is within and part and parcel of the manor of Bangainst the grant ftead aforefaid, in the faid declaration mentioned, and a customary to plaintiffs, that tenement of that manor, demifed and demifeable by copy of the they were not court rolls of the faid manor for the time being, or by his steward feiled as alledged in the decla. of the courts of the faid manor for the time being, to any person or perfons willing to take the fame in fee fimple or otherwife, at the will of the lord, according, &c. to wit, at, &c. aforefaid: And the faid defendant further faith, that within the faid manor of Benfiead there now is, and from time whereof, &c. there hath been a certain ancient and laudable custom there used and approved of, that is to fay, that when and so often as any perfon being feifed in fee fimple or fee tail at the will of the lord, according, Ec. of any custo mary tenement, with the appurtenances, parcel of the jaid maner, hath died fo feijed thereof, leaving two or more fons of his body lawfully begotten him furviving, that then and in any fuch cafe, every fuch customary tenement, with the appurtenances, defcends and comes to, and hath during all the time laft aforesaid, by the cuftom of the faid manor, defcended and come to, and bath been ufed and accustomed to defcend and come to, and of right according to the faid cuftom, ought to defcend and come to the youngeft fon of every fuch perfon fo dying feifed thereof as aforesaid, to have and to hold the fame unto fuch youngest fon accordingly, at the will of the lord according, &c. to wit, at the parish aforesaid: And the faid defendant further faith, that long before the committing, &c. in the faid declaration mentioned, to wit, on the faid, &c. at, &c. aforefaid, one A. B. was feifed of the manor aforefaid, with the appurtenances, in his demefne as of fee, and was lord of the faid manor of Banftead, whereof the faid cuftomary tenement, with the appurtenances in the faid declaration mentioned, and in which, &c. then was and yet is parcel, and the faid A. B. so being feifed, and lord of the faid manor, whereof, &c. afterwards, and whilft he was fo feifed and lord of the faid manor, and long before the committing, &c. in faid declaration mentioned, to wit, at the court baron of the faid A. B. fo then being lord of the faid manor of Banftead holden in and for the faid manor, on Monday, the faid, &c. aforefaid, by Edward Thurland, efq. his fteward there,

by

by the copy of the court rolls of the faid manor granted the faid customary tenement, with the appurtenances, in the faid declaration mentioned, and in which, &c. to Andrew Stephens, decealed, in his lifetime, and Ann his wife alfo deceafed, in her lifetime, 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 fuch iffue, to the ufe and behoof of the faid heirs of the faid Andrew Stephens for ever, at the will of the lord, according, &c.; by virtue of which faid grant the faid Andrew Stephens in his lifetime, and A. his wife in her lifetime, afterwards, and long before the committing, &c. to wit, on the faid, &c. aforefaid, entered into the faid cuftomary tenement, with the appurtenances, in the faid declaration mentioned, and in which, &c. fo granted as aforefaid, and became and were thereof feifed in their demefne as of fee tail, at the will of the lord, according, &c. And the faid defendant further faith, that the faid Andrew Stephens and A. his wife being fo feifed of the faid customary tenement, with the appurtenances in the faid declaration mentioned, and in which, &c. after the faid grant, and whilft they were fo feifed of the faid cuftomary tenement, with the appurtenances in the faid declaration mentioned, and in which, &c. and long before the committing, &c. to wit, on the faid, &c. at, &c. aforefaid, the faid Andrew Stephens and Ann his wife died, and each of them died; and that the faid Ann Stephens, who furvived the faid 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 furviving, that is to fay, one William. Stephens, to wit, at, &c. aforefaid, and that the faid William Stephens, after the death of the faid Andrew Stephens and A. his wife, to wit, on the said, &c. at the, &c. aforefaid, as youngest [SUCH] fon and heir of the bodies of the faid Andrew Stephens and Ann his wife lawfully begotten, entered into, and then and there became and was feifed of and in the faid cuftomary tenement, with the appurtenances in the faid declaration mentioned, and in which, &c. in his demefne as of fee tail, at the will of the lord, according to the custom of the faid manor: And the faid defendant further faith, that the faid William Stephens being fo feifed of the cuftomary tenement, with the appurtenances in the faid declaration mentioned, and in which, &c. as aforefaid, he the faid William Stephens afterwards, and whilft he was fo thereof feifed, and long before the committing, &c. to wit, on the faid, &c. at, &c. aforefaid, died, leaving at the time of his death a youngest lon [ACCORDING TO THE CUSTOM OF THE SAID MANOR, AN] heir of his body lawfully begotten, that to fay, one John Stephens him furviving, to wit, at, &c aforefaid: And the faid defendant further faith, that upon the death of the faid William Stephens as aforefaid, the faid John Stephens then and there, to wit, on the day and year laft aforefaid, as (SUCH) youngest fon and heir of the faid William Stephens lawfully begot

ten

ten, entered into and became and was feifed, &c. (as before): And the faid defendant further faith, that the said John Stephens being fo feifed of the faid cuftomary tenement, with the appurte nances in the faid declaration mentioned, and in a certain, &c. as aforefaid, he the faid John Stephens afterwards, and whilft he was fo thereof feifed, and long before the committing, &c. to wit, on the thirtieth day of September A. D. 1770, at, &c. aforefaid, 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 fay, one William Stephens him furviving, to wit, at, &c. aforefaid: And the faid defendant further faith, that upon the death of the faid John Stephens as aforefaid, the faid laft-mentioned William Stephens then and there, to wit, on the day and year laft aforefaid, at, &c. as youngest [SUCH] foa and heir of the body of the faid John Stephens lawfully begotten, entered into and became and was feifed of and in the faid cuftomary tenement, with the appurtenances as aforefaid in the said declaration mentioned, and in which, &c. in his demefne as of feetail, at the will of the lord, according, &c. and from thence hitherto hath been, and ftill is fo feiled thereof, to wit, at, &c. aforefaid: And fo the faid defendant further faith, that the faid cußomary tenement, with the appurtenances in the said declaration mentioned, and in which, &c. long before and at the faid time when, &c. in the faid declaration mentioned, was and ftill is the customary tenement of the faid laft-mentioned William Stephens at the will of the lord, according, &c. to wit, at, &c. aforefaid, for which reafon he the faid Ifaac, as the fervant of the faid laftmentioned William Stephens, and by his command, at the faid time when, &c. in the faid declaration mentioned, entered the faid clofe called the Orchard in the faid declaration mentioned, and in which, &c. as being the clofe of the faid laft-mentioned William Stephens, and parcel of his faid cuftomary tenement, with the appurtenances, and cut down, &c. and fet up, &c. &c. as he lawfully might for the cause aforefaid, which, &c. &c. whereof, &c. without this, that before or at the time of committing, &c. in the faid declaration mentioned, or at any time afterwards, the faid plaintiffs were feifed in their demefne as of fee at the will of the lord, according, &c. aforefaid, of and in the faid cuftomary tenement, with the appurtenances in the faid declaration mentioned, and in which, &c. as the faid plaintiffs have above in their faid declaration in that behalf alledged; and this, &c. wherefore, if, &c. [3d Plea was exactly fimilar to the fecond, except only that the custom for the copyholds defcending to the youngest fon was not repeated, and that the words in fmall capitals, and included in crochets, which are not in the fecond plea, are introduced in the third, inftead of thofe in Italic, which ftand in the fecond plea, but are omitted in the third.] [4th, admitting as in the fecond and third pleas, and alfo that the faid premifes in the declaration mentioned, before and at the time of the committing of the faid, &c.