this, &c.; wherefore fince the faid defendants have not answered
the faid trefpaffes new affigned, he the faid plaintiff prays judgment
and his damages, by reason of the committing thereof, to be ad-
judged to him, &c,
S. LAWRENCE.

Not guilty to new affignment,

V. GIBBS.

This caufe was called on at Lent Affizes 1788, but was referred.

LEIGH against WILLIAMSON.

Eafter Term, 1, Geo. III.

Robert Declaration for

clofe

cattle, fubvert

and

breaking

WESTMORELAND, to wit. Leigh complains of Thomas Williamfon, being, entering &c.; for that the faid Thomas on the first day and depafturing of December 1779, and on divers other days and times between ing foil with carthat day and the day of exhibiting the bill of the faid Robert with riages, mowing force and arms broke and entered the close of the faid Robert called grafs and carryBroad Flatt, in Rutland, in the parish of Kirby Kendal, in the ing it away, County of Westmoreland, and with his feet in walking trod down, felling timber, fpoiled, and confumed the grafs and corn, to wit, wheat, rye, down hedges, barley, oats, peafe, and beans of the faid Robert there then grow- &c. ing of the value of forty fhillings, and with divers cattle, to wit, horfes, mares, geldings, bulls, cows, oxen, heifers, sheep, and fwine, eat up, depaftured, trod down, confumed, and fpoiled other the grafs and corn, to wit, other wheat, &c. there also then growing, to the value of five pounds, and wheels of carts, waggons, and other carriages turned up and fubverted the foil, to wit, forty perches of the foil of the fame Robert there, and mowed and cut down other grafs of the faid Robert of the value of five pounds there then growing, and took and carried away the fame, and converted and difpofed thereof to his own ufe, and felled and cut down the trees and underwood, to wit, twenty oak trees, twenty elm trees, twenty afh trees, twenty thorn trees, and ten cart loads of thicken wood of the faid Robert there then alfo growing of the value of ten pounds, and took and carried away the fame, and converted and difpofed thereof to his own ufe, and broke open, broke down, fpoiled, and deftroyed the gates, hedges, and fences, to wit, two gates, twenty perches of the hedges, and twenty perches of the fences of the faid Robert there then erected, ftanding, and being, and broke, fpoiled, and deftroyed the locks, to wit, two locks of the faid Robert of the value of twenty fhillings, then fixed to the faid gates, and with which the faid gates were then and there locked, and alfo drew out, broke, and destroyed the staples, to wit, two staples of the faid Robert of the value of five fhillings, then affixed to a certain gate-poft of the faid Robert there then erected, standing, and being, and other wrongs, &c. against the peace, &c. Damage, &c. Pledges, &c.

JAMES WALLACE:

And

Plea, locus in quo

manor of Nat.

land.

mary tenements

within the ma

nant right.

Stephen Williamfon feifed of

tenant.

And the faid Thomas, &c. general iffue: And the faid Thomas parcel of the for further plea, by leave, &c. as to all the trefpaffes whereof the the faid Robert above complains, except the coming with force and arms, and all that is against the peace of our faid late king George the Second, and of our lord the prefent king, faith, that the faid Robert (actio non); because he faith that the faid close called Broad Flatt, in which, &c. with the appurtenances, now is, and atthe said several times when, &c. was, and from time whereof the memory of man is not to the contrary, hath been lying in and parcel of the manor of Natland, in the faid county of W. within which said manor there now is, and at the faid times when, &c. and from time whereof the memory of man is not to the contrary, have been Divers cufto- divers customary tenants defcendible, and which have defcended from ancestors to heir as of the hereditary right of the tenants called nor called te- tenant right, refpectively held of the lord of the faid manor for the time being, as of that his manor aforefaid, by divers rents and certain fervices, according to the custom of the faid manor; and that one Stephen Williamfon, long before any of the faid times when, &c. to wit, on the firft of May 1750, was feifed of the faid Beus in quo, being clofe called Broad Flatt, in which, &c. with the appurtenances, being fuch customary fuch cuftomary tenant, as of his cuftomary hereditary eftate in form aforefaid defcendible and defcending according to the custom of the faid manor held of the lord of the faid manor as of that this manor aforefaid and parcel of the faid manor, by a certain rent and certain fervices; and that within the faid manor there now is, and at the faid feveral times when, &c. was, and from time wherethe manor, that Of, &c. there hath been a certain ancient and laudable cuftom the widows of there ufed and approved, that is to fay, that the widows of every customary te cuftomary tenant, feifed of any cuftomary tenement lying nants fhould within and parcel of the manor aforefaid, as of his customary their hereditary ellate in form aforefaid defcendible and defcending during chafte widow. according to the custom of the faid manor, hath had and held, and hath been ufed and accustomed, and ought to have and hold fuch cuftomary tenement, with the appurtenances, whereof her hufband fo died feifed, during her chafte widowhood, according to Stephen Wil. the cuftom of the faid manor: And the faid Thomas further faith, lamfondied feif- that the faid Stephen Williamfon being fo fcifed of the faid close in ed, &c: leaving which, &c. being fuch customary tenant as aforefaid, as of his Dorothy his wi- cuftomary hereditary eftate in form aforefaid defcendible and dehis eldett fon, fcending according to the cuttom of the faid manor, he the faid and Stephen his Stephen Williamfon before any of the times when, &c. to wit, on fecond fon. and the fame day and year aforefaid, at Natland aforefaid, in the faid other children. county, died fo feifed thereof, leaving Dorothy his widow, and Jonathan W his eldeft fon, and Stephen W. his fecond fon, and The widow en- divers other children lawfully begotten, after whofe decease, and tered, and be- before any of the times when, &c. the faid Dorothy Williamfon, came felfed dur- by virtue of the custom above mentioned, entered into the faid ing chafte wi- clofe in which, &c. parcel, &c. and was feifed thereof during her chafte widowhood, according to the cuftom of the faid manor,

Cuftom within

hold the land

hood.

dow, Jonathan

dowhood.

and

de.

without

and the reverfion of the faid clofe in which, &c. with the appurtenances, defcended and came to the faid Jonathan Williamfon Reverfion as eideft fon and heir of the faid Stephen Williamfon the father, accord- than as eldest ing to the cuftom of the faid manor, and the faid Jonathan was feifed Jonathan of the reverfion of the faid clofe in which, &c. as of his customary Williamfon feifhereditary eftate in form aforefaid defcendible and defcending ed of the reveraccording to the cuftom of the faid manor; and the faid Dorothy fion. being and continuing fo feifed of the faid clofe in which, &c. with the appurtenances: And the faid Jonathan being fo feifed of and Jonathan died in the reverfion thereof as aforefaid, he the faid Jonathan after- felfed wards, and before any of the said times when, &c. to wit, on the iffue. fifth of January 1754, at Natland aforefaid, died feifed of fuch eftate of and in the faid reverfion, without leaving any iffue of his body lawfully begotten, after whofe deceafe the faid reverfion of Reverfion de the faid close in which, &c. with the appurtenances, defcended fcended to Steto the faid Stephen Williamfon as brother and heir to the faid phen Williamfon the fon; Jonathan Williamfon, according to the cuftom of the faid manor; whereupon the faid Stephen Williamfon the fon became and was whereupon he feifed of and in the faid reverfion of the faid clofe in which, &c. became felfed of with the appurtenances, as of his customary hereditary eftate in the reverfion. form aforefaid defcendible and defcending according to the cufton of the faid manor; and that the faid Dorothy Williamfon being D-rothy the wiand continuing fo feifed of the faid clofe in which, &c. with the dow dies; appurtenances, as aforefaid, afterwards, and before the faid times when, &c. died, and the faid Stephen Williamfon the fon after and Steplica wards, and before any of the faid times when, &c. to wit, on the Williamfon be. fame day and year laft above faid entered into the faid clofe in which, &c. with the appurtenances, and was feifed thereof as aforefaid, of his customary hereditary eftate in form aforefaid defcendible and defcending according to the cuftom of the faid manor; and the faid Stephen Williamfon the fon being fo feifed of and in the Colour given, faid clofe in which, &c. with the appurtenances, and being the occupier and poffeffor thereof, the faid Robert claiming the faid clofe by colour of a certain charter of demife made to him for the term of his natural life by the faid Stephen Williamson the father, in his lifetime, whereas nothing in the faid clofe in which, &c. paffed into the poffeffion of the faid Robert, by that charter entered into the faid clofe in which, &c. before any of the faid times when, &c. upon whofe poffeffion thereof the faid Thomas as fervant of S. W. and the the faid Stephen Williamfon the fon, and by his command, at the other defendant faid first time when, &c. re-entered into the faid clofe in which, &c. parcel, &c. and alfo at the faid feveral times when, &c. again entered into the faid clofe in which, &c. as into the clofe of the faid Stephen Williamfon the fon, and at the faid feveral times when, &c. with his feet in walking trod down, fpoiled, and confumed the faid grafs and corn there then growing, and with the cattle in the faid declaration mentioned eat up, depaftured, trod down, fpoiled, and confumed the faid other grafs and corn there then alfo growing, as the grafs and corn of the faid Stephen Williamfon the fon, growing in the clofe and cuftomary tenement of the faid Stephen Williamfon the fon, and with the wheels of the faid carts, wag

gons,

came feifed,

as his fervant entered, &c.

Replication, ftating reverfion

gons, and other carriages turned up and fubverted the faid foil
there, as the foil of the faid Stephen Williamson the fon, and
mowed and cut down the faid other grafs there then growing,
and took and carried away the fame as the grafs of the faid Ste-
phen Williamfon the fon growing in his clofe and cuftomary
tenement, and felled, cut down, took, and carried away the
faid trees and underwood there then growing as the trees and
underwood of the faid Stephen Williamfon the fon grow-
ing in his clofe and cuftomary tenement, and broke open, trod
down, fpoiled, and deftroyed the faid gates, hedges, and fences
there then erected, ftanding, and being, as the gates, hedges,
and fences of the faid Stephen Williamfon the fon erected,
standing, and being upon his clofe or customary tenement, and
broke, fpoiled, and confumed the faid locks then affixed to the
faid gates, and with which the faid Stephen Williamson the fon
affixed, and belonging to his gates erected, ftanding, and being
upon his close and cuftomary tenement, and drew out, broke,
and deftroyed the faid ftaples affixed to the faid gate poft there
then erected, standing, and being upon his clofe and customary
tenement, as the ftaples of the faid Stephen Williamson the fon,
affixed to the faid gate poft, there then erected, ftanding, and being
upon his close and cuftomary tenement, as it was lawful for him to
do, and converted and difpofed of the grafs fo muwed and cut
down as aforefaid, and alfo of the faid trees and underwood fo
felled and cut down as aforefaid to his own ufe by the licence of
the faid Stephen Williamfon, then firft granted in that behalf at
Natland aforefaid to the faid Thomas, as it was lawful for him
to do, which is the fame trefpafs except as aforefaid; whereof, &c.;
and this, &c.; wherefore, &c.
JAMES WALLACE.

And the faid Robert, as to the faid plea of the faid Thomas to be devifeabie laftly above pleaded as to all the trefpaffes whereof the faid by cuftom, and Robert hath above complained, except in that plea as above exfetting up title. cepted, faith, that he for any thing, &c. (attio non); because he

the faid Robert faith, that true it is that the faid clofe called Broad Flatt in which, &c. with the appurtenances, now is, and at the said several times when, &c. was, and from time whereof, &c. hath been lying within and parcel of the manor of Natland, in the said county of W. within which faid manor there now are, and at the faid time when, &c. were, and from time whereof, &c. have been divers customary tenements defcendible and defcending froma n ceftor to heir, as of the hereditary right of the tenants, called tenant right, respectively held of the lord of the faid manor for the time being, as of that his manor aforefaid, by divers rents and certain fervices, according to the cuftom of the faid manor, and that one Stephen Williamfon, before any of the faid times when, &c. to wit, on the first of May 1750, was feifed of the faid clofe called Broad Flatt, in which, &c. with the appurtenances, being fuch customary tenement, as of his cuftomary hereditary estate in form aforefaid defcendible and defcending according to the custom of the faid manor, held of the lord of the faid manor as of that his

manor

manor aforefaid, parcel of the faid manor, by a certain rent and certain fervices, and that within the faid manor there now is, and at the faid feveral times when, &c. was, and from time whereof, &c. there hath been a certain ancient and laudable cuftom there ufed and approved of, that is to fay, that the widow of every cuftomary tenant who dies feifed of any cuftomary tenement lying within and parcel of the manor aforefaid as of his customary hereditary estate in form aforefaid defcendible and defcending, according to the custom of the said manor, hath had and held, and hath been used and accustomed, and yet of right ought to have and hold fuch customary tenement, with the appurtenances, whereof her husband fo died feised during her chafte widowhood, according to the custom of the faid manor; and that the faid S W. being fo feifed of the faid clofe in which, &c. being fuch cuftomary tenement as aforefaid as of his cuftomary eftate in form aforefaid defcendible and defcending according to the custom of the faid manor, he the said S. W. before any of the faid times when, &c. to wit, on, &c. at, &c. died feifed thereof, leaving the faid Dorothy W. his widow, and Jonathan W. his eldeft fon, and the faid Stephen W. his fecond fon, and divers other children lawfully begotten, after whofe deceafe, and before any of the faid times when, &c. the faid Dorothy W. by virtue of the cultom above-mentioned, entered into the faid clofe in which, &c. parcel, &c. was feifed thereof during her chaste widowhood, according to the cuftom of the faid manor, and the reverfion of the laid clofe in which, &c. with the appurtenances, defcended and came to the faid Jonathan W. eldest son and heir of the faid S. W. the father, according to the custom of the faid manor, and the faid J. W. was feifed of the reversion of the faid close in which, &c. with the appurtenances, as of his customary hereditary estate in form aforefaid defcendible and defcending, according to the custom of the said manor, in manner and form as the faid Thomas hath in his faid plea laftly above pleaded alledged; but the said Robert Leigh further faith, that by the custom of That the lands, the faid manor fuch customary tenements as aforefaid, with the re- and the reverfion thereof, are verfion thereof, with the appurtenances, now are, and at the faid by custom of the times when, &c. were, and from time immemorial have been de- manor devifevised and devifeable by the last will and teftament in writing of able by will. every fuch customary tenement, with the appurtenances, or of reverfion thereof as aforefaid, lying within and parcel of the manor aforefaid as of his customary hereditary eftate in form aforesaid, according to the cuftom of the fame manor; and that the faid Do- That during the rothy being and continuing fo feifed of the faid clofe in which, &c. widow's feifin with the appurtenances, and the faid Jonathan being fo feifed of J. W. being fo and in the reverfion, being fuch cuftomary tenement, and lying tifed of the re within and parcel of the faid manor as aforefaid, he the faid Jona- his will; than Williamfon afterwards, and before any of the faid times when, &c. that is to fay, on the eighteenth of January 1782, at the parifh of Kirkby Kendall aforefaid, duly made his laft will and teftament in writing, and thereby devifed the faid reverfion of the faid

verfion, made

clofe