the juftices here more fully understood, it seems to the faid jus Judgment for tices here, that the faid plea of the faid Silas above in rejoining the plaintiff.

Inquiry award.

ed.

A vowry as bai

an amercement

pleaded, and the matter in the fame contained, is fufficient in Law to preclude him the faid W. from having his avowry and cognizance aforefaid, as the faid Silas hath above ailedged; wherefore the faid Silas ought to recover his damages against the faid W. by reafon of the taking and unjuft detention of the cattle aforefaid; but it is unknown what damages the faid Silas hath fuftained by reafon of the taking and unjuft detention of the cattle aforefaid, as for his cofts and charges by him about his fuit in this behalf fuftained, by reafon of the taking and unjuft detention of the cattle aforefaid, the theriff is commanded that by the oath of good and lawful men of the county aforefaid, he diligently enquire what damages the faid Silas has fuftained, as well by reafon of the taking and unjust detention of the cattle aforefaid, as for his cofts and charges by him about his fuit in this behalf fuftained, and the inquifition which he thall thereof make, he certify there from the day of Eafter in fifteen days, under the feal, &c. on which day here comes the faid Silas, by his attorney aforefaid; and the fheriff, to wit, Jofeph Edmunds, efquire, hath now returned here a certain inquifition taken before him at Stevenage, in the county aforefaid, on the fifteenth day of April laft paft, by the oath of twelve, &c. whereby it is found that the faid Silas has fuftained damage by reafon of the taking and unjuft detention of the cattle aforefaid, befides his cofts and charges by him about his fuit in this behalf expended to fourpence, and for thofe cofts and charges to fixpence; therefore it is confidered, that the faid Silas do recover against the faid William his damages aforefaid to tenpence, by the inquifition aforefaid in form aforesaid found, and alfo nine pounds five fhillings and twopence to the fame Silas at his request, for his cofls and charges aforefaid by the court here by increase adjudged; which faid damages in the whole amount to nine pounds fix fhillings; and the faid William, in mercy, &c.

This judgment was affirmed on a writ of error.

AND the faid John, Robert Nanfon, and Jofeph, by A. B. liffs, that they their attorney, come and defend the wrong and injury, when, &c. took the plain and as bailiffs of the mayor, aldermen, bailiffs, and citizens of tiff's gelding for the city of Carlisle, in the county of Cumberland, well acknowfor the court let ledge the taking of the faid gelding in the faid place in which, for the city of &c. and juftly, &c.; because they fay, that the city of Carlisle Carl fle, upon a aforefaid, in the county of C. aforefaid, at the faid time when, prefentraent the &c. was, and from time whereof the memory of man is not to plaintiff ufed a the contrary, hath been and ftill is an ancient city, and that the fetting out the faid place in which, &c. now is, and at the said time when, &c. jurifdict.on of was, and from time whereof the memory of man is not to the the corperation contrary, hath been within the city of Carlife, in the county for that purpose aforefaid, and within the jurifdiction of the court leet and view

Jalle meature,

of

of frankpledge hereinafter mentioned: And the faid J. R. N. and Jofeph further fay, that the citizens of the faid city, from time whereof the memory of man is not to the contrary, until the twenty-first day of July, in the thirteenth year of the reign of Charles the First, late king of England, &c. were an ancient corporation and body corporate in deed, fact, and name, and had been and were confirmed by divers letters-patent of divers late kings and queens of England, at divers times, by divers names of incorporation, to wit, by the name of the citizens of Carlifle, and alfo by the name of the mayor and citizens of the city of Carlifle; on which faid twenty-first day of July, in the thirteenth year of the reign of the faid Charles the Firft, late king of England, &c. the faid citizens of the city of Carlisle were by the faid late king, by his letters-patent bearing date at on the fame day and year laft aforefaid (and which faid letters-patent, fealed with the great feal of Great Britain, the faid J. R. N. and Jofeph now bring into court here) were duly incorporated by the name of the mayor, aldermen, and bailiffs of the city of Carlife: And the faid J. R. N. and Jofeph further fay, that the citizens of the faid city of Carlifle for the time being, from time whereof the memory of man is not to the contrary, until the faid twenty-first day of July, in the thirteenth year of the reign of the faid late king Charles the First, by their feveral names first and fecondly above mentioned respectively; and the faid mayor, aldermen, bailiffs, and citizens of the faid city of Carlifle continually from thenceforth hitherto have had, and have been used and accustomed to have, and of right ought to have had, and the faid mayor, aldermen, bailiffs, and citizens of the faid city ftill of right ought to have a certain court leet and view of frankpledge of all the inhabitants and refiants within the faid city once a year, to wit, within a month next after the feaft of St. Michael the Archangel, before the mayor and bailiffs of the faid city for the time being within the said city yearly to be held: And whereas there now is, and from time whereof the memory of man is not to the contrary, there hath been a certain ancient or laudable custom used and approved of within the faid city, that whenever the faid court leet hath been fo yearly held as aforefaid, the faid court, together with the presentments and proceedings therein depending and undetermined, have been, and have been used and accustomed to be, and of right ought to be adjourned by the mayor and bailiffs of the faid city until Eafter Monday then next following, before the mayor and bailiffs of the said city for the time being within the faid city, to be further held: And the faid J. R. N. and Jofeph further fay, that the faid Robert Blamire, before the faid time when, &c. and also before the holding of the court leet hereinafter mentioned, to wit, on, &c. at the parish of St. C. in the city of Carlisle, and within the jurifdiction of the faid court, in a certain public market then and there held, knowingly, deceitfully, and unlawfully did use a certain falfe and deceitful measure, as and for a measure containing three bushels, according to the ftandard

of

of the exchequer, commonly called Winchester measure, in the felling of oats there to the liege fubjects of our faid lord the king, the faid measure not containing, but being less than three bufhels, according to the faid ftandard meafure, and the faid Robert Blamire then and there well knowing the faid deceit and oppreffion of the liege fubjects of our faid lord the king, against the form of the ftatute in fuch cafe made and provided, and againft the peace of our lord the now king: And the faid J. R. N. and Jofeph further fay, that afterwards, and before the faid time when, &c. to wit, at the court leet and view of frankpledge of our fovereign lord the now king, holden by adjournment at the Guildhall in and for the faid city, and within the jurifdiction of the faid court leet, on Eafter Monday, the fourth day of April A. D. 1758, before the faid J. P. efquire, then being mayor of the faid city, and Robert Jackfon; and the faid J. R. N. then being bailiff of the faid city, according to the custom there by the oath of twelve free and lawful men within the city aforefaid, refiant and inhabitant, and then being in the faid court there, charged and sworn to enquire those things which to the court leet and view of frankpledge belonged, it was then and there in the fame court prefented (amongst other things) that the faid R. B. had been guilty of ufing falfe measure in form aforefaid, to the common grievance of the king's fubjects; whereupon it was then and there confidered in and by the faid court there, that the faid R B. fhould be in mercy, wherefore the faid R. B. was then and there for that caufe at the fame court by the faid jury amerced to the fum of thirty-nine fhillings and elevenpence of lawful money of Great Britain, which faid amercement by two affeffors, to wit, R. H. and W. H. afferers in the fame court then and there charged and fworn, was at the same court duly affered to the like fum of thirtynine fhillings and elevenpence; of all which faid premises the faid R. B. afterwards and before the faid time when, &c. to wit, on, &c. in the faid declaration mentioned, at, &c. had notice, and was then and there required by the faid J. R. N. and Jofeph, as bailiffs of the faid mayor, aldermen, bailiffs, and citizens of the faid city, to pay the faid amercement, to do which the faid R. B. then and there wholly refufed; and because the faid thirty-nine fhillings and elevenpence for the faid amercement at the said time when, &c. was fo as aforefaid due, owing, and in arrear to the faid mayor, aldermen, bailiffs, and citizens of the faid city, and the faid R. B. fo refufing to pay the fame as aforefaid, the faid J. R. N. and Jofeph, as the bailiffs of the faid mayor, &c. well acknowledge the taking of the faid gelding in the faid place in which, &c. being within the faid city and jurifdiction of the faid court, and justly, &c. as and in the name of a diftrefs for the faid amercement fo as aforefaid due and owing to the faid mayor, &c. which faid amercement ftill remains in arrear and unpaid, &c.

And

of

a

gainst the fuf

alledged.

the

And the faid R. B. as to the avowry and cognizance of the faid Plea in bar to J. R. N. and Jofeph above made, faith, that by reafon of any the laft avowry, thing in the faid avowry and cognizance contained, they ought protefting not to avow the taking of the faid gelding in the faid declaration ficiency of it, mentioned, in the faid place in which, &c. as juft; because pro- and the custom testing that the said avowry, and the matters therein contained, admitting are not fufficient in law for the faid J. R. N. and Jofeph to ac- existence of the knowledge as bailiffs of the faid mayor, aldermen, bailiffs, and corporation, but faying that they citizens of the city of Carlife, in the county of Cumberland, the tock the horse taking the faid gelding in the faid plea in which, &c. as just; to de injuria, and which faid cognizance, in manner and form as the fame is above without the remade, he the faid R. B. is not under any neceffity, nor in any fidueof the cause way bound by the law of the realm to make any antwer; protesting alfo, that there is not, nor ever was any fuch custom used and approved of in the faid city of Carlifle, as the faid J. R. N. and Jofeph have above in and by the faid cognizance alledged; for plea in bar in this behalf the faid R. B. fays, that true it is that the faid city of Carlisle, in the county of Cumberland aforefaid, at the faid time when, &c. and from time whereof the memory man is not to the contrary, hath been and ftill is an ancient city, and that the faid place in which, &c. now is, and at the faid time when, &c. and from time whereof the memory of man is not to the contrary, hath been within the city of C. aforefaid, in the county aforefaid, and within the jurifdiction of the court leet and view of frankpledge mentioned in the faid cognizance; and that the citizens of the faid city, from time whereof, &c. until the twenty-first day of July, in the thirteenth year of the reign of Charles the Firft, late king of England, &c. were an ancient corporation and body corporate in deed, fact, and name, and had been and were confirmed by divers letters-patent of divers late kings and queens of England, at divers times, by divers names of incorporation, to wit, by the name of citizens of the city of C. and alfo by the name of the mayor and citizens of the faid city; on which faid twenty-first day of July, in the said thirteenth year of the reign of the faid Charles the Firft, late king of England, &c. the laid citizens of the faid city of C. by the faid late king, by his faid letters-patent mentioned in the fald cognizance were duly incorporated by the name of the mayor, aldermen, bailiffs, and citizens of the city of Carlifle aforefaid, and that the faid citizens of the faid city of Carlile for the time being, from time whereof, &c. until the twenty-first day of, &c. in the thirteenth, &c. by their feveral names first and fecondly above-mentioned refpectively; and the mayor, aldermen, bailiffs, and citizens of the faid city of C. continually from thenceforth hitherto have had, and have used and been accuftomed to have, and of right ought to have had, and the faid mayor, &c. ftill of right ought to have a certain court leet or view of frankpledge, and all things which to a court lect or view of frankpledge belong of all the inhabitants and refiants within the faid city once every year, within one month next after the fealt of St. Michael the Arch

angel,

Cognizance as

dishes) as a di

merciament,

&c.

angel, before the mayor and bailiffs of the faid city for the time being within the faid city yearly to be held, as the faid J. R. N. and Jofeph have above in their faid cognizance alledged; but the faid R. B. further fays, that the faid J. R. N. and Jofeph, at the faid time when, &c. of their own wrong, and without the refidue of the caufe by them above alledged, took the faid gelding in the faid declaration mentioned in the faid place in which, &c. and unjuftly detained the fame against fureties and pledges until, &c. in manner and form as the faid R. B. hath above complained against them; and this, &c.; wherefore inafmuch as the faid J. R. N. and Jofeph have above acknowledged the taking of the faid gelding in the faid declaration mentioned, in the faid place in which, &c. above done, he the faid R. B. prays judgment and his damages, &c.

AND the faid J. Collinfon, by A. B. his attorney, comes and bailiffs (for tak defends the wrong and injury, when, &c. and as to the taking of ing fix pewter fix pewter dishes, parcel of the faid ten pewter difhes in the faid trefs for an a. declaration mentioned, faith, that he did not take those pewter difhes as the faid E. above complains against him; and of this he puts himself upon the country, and the faid E. doth the like: And as to the taking of four pewter difhes, refidue of the faid ten pewter difhes, the aforefaid J. E. as bailiff of T. S. efquire, well acknowledges the taking of the faid pewter difhes in the faid place in which, &c. and justly, &c.; because he says, that the faid place in which, &c. is, and at the faid time when, &c. was a certain meffuage, with the appurtenances, in the manor of S. in the parifh and county aforefaid; and that the faid J. S. long before, and at the faid time when, &c. was and ftill is feised of and in the faid manor, with the appurtenances, in his demefne as of fee, within which faid manor there are, and from time, &c. there hath been a large waste or common called B. Common, parcel of the fame manor, and also as well feveral customary meffuages and tenements demifed and demifeable by the lord of the fame manor for the time being, at the will of the lord, according to the custom of the fame manor, by copy of the rolls of the court of the faid manor, as divers freehold meffuages and tenements held of the fame manor by feveral rents and fervices, parcel of the fame ma→ nor; and the feveral tenants of the faid freehold meffuages and tenements, together with the refpective tenants of the faid cuftomary meffuages and tenements, and by custom therein for all the time aforefaid made and approved, have had and have used, and. been accustomed to have common of Turbury in the said waste or common to be had and taken every year at reasonable times for their neceffary fuel, to be burned in their messuages, and for all the time aforesaid have dug, and have used to dig peat pots there, for taking of peat out of thofe peat pots for their neceffary fuel to be burned in thofe meffuages: And the faid defendants further fay, that within the said manor there is, and from time

whereof,