and devised locus close in which, &c. with the appurtenances (amongst other things) in qua, amongst to his brother John Williamfon, and to his heirs and aligns for other things, to ever, according to the custom of the faid manor, and afterwards, his brother J.W. to wit, on the fame day and year last aforefaid, at the parish aforeand his heirs, and died. faid, died fo feifed of fuch his eftate as aforefaid of and in the faid reverfion of the faid clofe in which, &c. with the appurtenances as J. W. the bro. aforefaid, upon whofe death the faid john W. then and there be ther, became came and was feifed of the faid reverfion of the said clofe in which, feifed of the re- &c. with the appurtenances, as of his cuftomary hereditary estate

verfion,

in form aforefaid defcendible and defcending, and devifed and devifeable as aforefaid as devifee by virtue of the said devife, and according to the cuftom of the faid manor, and that the faid Dorothy W. being and continuing fo feifed of the faid clofe in which, &c. with the appurtenances as aforefaid, the the faid Dorothy W. afterwards, and before any of the said times when, &c. that is to fay, on the first of October 1752, at the parish aforefaid died, died, whereupon whereupon the faid John W. as devifee as aforefaid, afterwards and J. W. the bro- before any of the faid times when, &c. to wit, on the day and year ther entered and laft aforefaid, at the parish aforefaid, entered into the said clofe in

The

widow

became feised.

and being fo feifed died,

his widow.

feifed according to custom.

which, &c. with the appurtenances, and was feifed thereof as of his customary eftate in form defcendible and defcending, and devifed and devifeable as aforefaid by virtue of the faid will, and according to the cuftom of the manor aforefaid: And the faid Robert further faith, that the faid John W. being fo feifed of the faid close in which, &c. being such customary tenement as aforefaid as of his cuftomary hereditary eftate in form aforefaid defcendible and defcending, and devised and deviseable as aforefaid, according to the cuftom of the faid manor, he the faid John W. afterwards, and before any of the faid times when, &c. that is to fay, on the first of November 1757, at the parish aforefaid died fo feifed thereof, leaving M. W. leaving Mary Williamfon his widow, upon whofe death, and before any of the faid times when, &c. the faid Mary Williamfon, M. W. became by virtue of the cuftom above-mentioned, entered into the faid close above-mentioned, in which, &c. parcel, &c. and at the faid times when, &c. was feifed thereof during her chafte widowhood according to the custom of the faid manor; and the faid M. W. being fo feifed of the faid clofe in which, &c. with the appurtenances, in form aforefaid, fhe the faid M. W. afterwards, and before any of the faid times when, &c. to wit, on the first of JaDemifed locus in Duary 1759, at the parish aforelaid, demifed the faid clofe in which, que to plaintiff &c. with the appurtenances, to the faid Robert Leigh, to have for two years. and to hold the fame, with the appurtenances, to the faid Robert Leigh from the first of May then next following, for and during and unto the full end and term of two whole years then next following, if the the faid Mary W. fhould fo long continue her chafte widowhood, by virtue of which faid demife the faid Robert afterwards and before any of the faid times when, &c. to wit, on the fecond day of May 1759, entered into the faid cle fe in which, &c. with the appurtenances, and was poffefied thereof until the faid Thomas at the faid times when, &c. wrongfully

Plaintiff ed, &c.

enter

committed

as

that

death, defcend.

committed all the faid trefpaffes whereof the faid Robert hath above complained; without this, that the faid reverfion of the faid Traverse clofe in which, &c. with the appurtenances, after the death of the locus in quo after faid Jonathan Williamfon defcended to the faid Stephen W. J. W. the fon's brother and heir of the faid Jonathan W. according to the cuftomed to defendant. of the faid manor, as the faid Thomas hath in his faid plea laftly above pleaded alledged; and this, &c. ; wherefore inasmuch as the faid Thomas hath in his faid plea laftly above pleaded acknowledged. all the trefpaffes, whereof the faid Robert hath above complained, except as in that plea is excepted, he the faid plaintiff prays judg ment and his damages sustained by reason thereof to be adjudged to him, &c.

The books are very barren on this fpecies of tenure, but it certainly arose in the northern court near Scotland for the defence of the borders; therefore in its creation unlikely even to be defcendible, much lefs devifeable, but the defcent is now generally established, and perhaps the devifcability alfo in this manor ; and

A. DAWSON.

I am informed by a gentleman of the
north, that many of thefe eftates to this
day are not devifeable, at least not with-
out leave of the lord, and feemingly the
defendant relies upon this. If the licence
of the lord is neceffary, it fhould be
stated in the replication.

A. D.

for entering plaintiff's close, cutting down a

SOMERSETSHIRE, to wit. John Cock complains of John Declaration aPerry and Peter Coles; for that, whereas the faid defendants here- gainft defendant tofore, to wit, on, &c. with force and arms, &c. broke and entered the chofe called, &c. of the faid plaintiff, fituate, lying, and being at, &c. and with their feet in walking trod down, trampled tree, and leaving upon, confumed, spoiled, and deftroyed the grafs of the faid plain- it there. tiff there then growing and being of a large value, to wit, of the value of ten pounds of, &c. and alfo then and there cut down, pulled down, and proftrated a certain large tree then ftanding, growing, and being in and upon the faid clofe of the faid plaintiff, and then and there left the fame felled, proftrated, and laid upon the faid clofe, taking up room, and doing damage there to the faid grafs there then fpringing and growing, and to the poffeffion of the faid plaintiff for a long time, to wit, from thence hitherto : And alfo for that the faid defendants heretofore, to wit, on, &c. and on divers other days and times between that day and the day of exhibiting the bill of the faid plaintiff in this behalf, with force and arms, &c. again broke and entered the faid clofe of the faid plaintiff at, &c. in, &c. and on thofe days and times with feet in walking trod down, trampled upon, confumed, and spoiled other the grafs of the faid plaintiff there then growing and being of a large value, to wit, of the value of other ten pounds of, &c. and other wrongs to the faid plaintiff then and there did, against the peace of our faid lord the king, and to the damage of the said plaintiff of twenty pounds.

T. BARROW.

VOL. IX,

K

Mr.

Declaration in

Mr. Barrow, who drew the above declaration, was of opinion, that vi et armis could not be maintained for the lofs of the tree, it being a part of the inheritance, but he thought plaintiff could fupport this action for the unlicensed en

try to cut down the tree, and alfo forthe injury he sustained in the lofs of the fhade, and therefore thought the proper action to be an action on the cafe, and not vi et armis.

LENOX, ESQUIRE, THAT defendant heretofore, to wit, against on, &c. with force and arms at, &c. PLAISTED, ESQUIRE. dug up, pulled up, and rooted up divers timber, fruit, and other trees, vegetable plants, fhrubs, trees, flowers, and flower roots, to wit, five hundred timber trees, &c. &c. of the faid plaintiff of a large value, to wit, of the value of one hundred pounds there then growing and being, and took and carried away the fame, and converted and difpofed thereof to his own ufe: And also for that the faid defendant afterwards, to wit, on, &c. with force and arms, &c. took divers other timber, fruit, and other trees, vegetable plants, fhrubs, bushes, flowers, and flower roots, and divers large quantities of timber wood, underwood, and earth, to wit, five hundred other timber trees, &c. &c. of the faid plaintiff of a large value, to wit, of the value of two hundred pounds there then found and being, and carried away the fame, and converted and disposed thereof to his own use, and then and there did other wrongs, &c. V. LAWES.

YORKSHIRE, to wit. Thomas Lifter, efquire, complains of trefpafs, quare Richard Bragfhaw, Robert Moon, Robert Hartley, and William claufum fregit for treading down Hartley, being, &c. in a plea of trefpafs; for that the faid defendgrafs, fubverting ants heretofore, to wit, on, &c. at, &c. in, &c. with force and foil, digging arms, &c. broke and entered the clofes of the faid Thomas, to pits, removing wit, one clofe called, &c. one other close called, &c. and two other materials,build- clofes called, &c. there fituate and being, and then and there with feet in walking trod down, trampled upon, confumed, and spoiled inclofing plaintiffs' land, the grafs there refpectively growing and being, and then and there and putting with certain cattle, carts, and carriages, trod down, trampled plaintiff out of upon, confumed, and fpoiled other the grafs there growing and

ingwalls,fences,

&c.

poffeffion.

being, and then and there with the faid cattle, carts, and carriages, broke up, fubverted, and fpoiled the foil in the faid feveral closes, and then and there with spades, fhovels, and pickaxes, fubverted, dug up, took up, and removed the foil, earth, gravel, rocks, and ftones, to wit, five roods of foil, five hundred cart loads of, &c. there then being in, and part of the faid several clofes, and then and there dug, funk, and made divers large holes and pits in the faid feveral clofes, and left and continued the fame fo open and unfilled up for a long time, to wit, from thence hitherto, and then and there put, lay, and spread the faid earth, gravel, rocks, and ftones difperfed in and upon the faid several closes, and kept and continued the fame fo there laid and spread for a long time, to wit, for the fpace of one year continually after the

fame

fame had been fo dug up, fubverted, and feparated from the faid feveral closes, and until the faid defendants afterwards removed, led, and carried away the fame then and there being of a large value, to wit, of the value of fifty pounds of lawful money of Great Britain, and converted and difpofed thereof to their own ufe, to wit, at, &c. whereby the faid plaintiff was during all that time deprived and loft the use of the herbage and pafturage of fo much of the faid feveral clofes whereon the faid earth, gravel, rocks, and ftones fo lay as aforefaid, and there wholly loft the faid earth, gravel, rocks, and stones: And alfo for that they the faid defendants heretofore, 2d Count. to wit, on, &c. and on divers other days and times between that day and the day of exhibiting the bill of the faid plaintiff, at, &c. in, &c. with force and arms, &c. broke and entered certain other clofes of the faid plaintiff, to wit, one other clofe called, &c. one other close called, &c. and two other clofes called, &c. there fituate and being, and with feet in walking trod down, &c. the grafs there respectively then growing and being at thofe feveral days and times, and with certain cattle, carts, and carriages at thofe feveral days and times trod down, &c. other the grafs there then refpectively growing and being, and with the faid cattle, carts, and carriages at thofe feveral days and times broke up, &c. the foil in the faid feveral closes, and with fpades, &c. at thofe feveral days and times fubverted, &c. great quantities of earth, gravel, rocks, and ftones in and part of the faid feveral closes, and thereby made divers large and deep holes and pits therein respectively, and left the faid holes and pits there remaining open and unfilled up from the faid making thereof refpectively hitherto: And alfo for that 3d Count, for they the faid defendants heretofore, to wit, on, &c. at, &c. with keeping plain force and arms, &c. broke and entered a certain other clofe of the tiff out of poffaid plaintiff called, &c. there fituate, and with fpades, &c. dug, feffion. funk, and made divers large holes and cuts in the faid laft-mentioned close, and then and there made, erected, and built, and caufed and procured to be made, erected, and built divers large fences, hedges, and walls, to wit, five hundred yards of fences, five hun. dred yards of hedges, and five hundred yards of wall, in and upon the faid laft-mentioned clofe, and thereby then and there fenced off and inclofed great part, to wit, five roods of the faid laft-mentioned close, and feparated the fame from the reft thereby, and kept and continued the fame fo feparated from the reft for a long time, to wit, from thence hitherto, and then and there expelled, put out, and amoved him the faid plaintiff from and out of the poffeffion, use, and occupation of the faid part of his faid last-mentioned close, and kept and continued him fo expelled, put out, and amoved from the use, poffeffion, and occupation thereof for a long space of time, to wit, from thence hitherto, and other wrongs to the faid plaintiff then and there did, against the peace of our lord the now king, and to the damage of the faid plaintiff of twenty pounds; and therefore he brings, &c. T. BARROW.

inclofing and

Declaration 2

down the hed

from enjoying

J. C. complains of Hugh William Anderfon, John Alefounder defend and James Mackintofh; for that the faid defendants heretofore, ants for pulling to wit, on, &c. at, &c. with force and arms broke and enof plaintiff, ard tered the clofe of the faid plaintiff there fituate and being calbuilding á Loufe led the Garden, and then and there trod down, trampled in the place, upon, crufhed, damaged, and fpoiled the grafs of the faid whereby plain- plaintiff there then growing and being of a large value, to tiff is hindered wit, the value of forty pounds of lawful money of Great Brihis clefe, &c. &c. tain, and then and there pulled down, threw down, proftrated, and deftroyed a certain erection or building of the faid J. C. of a large value, to wit, of the value of thirty pounds of like lawful, &c. then and there erected and built called the Shop otherwife the Shed, and the materials thereof coming, to wit, two cart loads of bricks, &c. of the faid plaintiff of a large value, to wit, of the value of twenty pounds of like, &c. took and carried away, and converted and difpofed thereof to their own ufe, and then and there dug up, fubverted, raised, and spoiled the foil and earth, together with other the grafs of the faid plaintiff then and there refpectively growing and being of a large value, to wit, of the value of twenty pounds of like lawful money, and then and there erected and built, and caufed and procured to be erected and built a great part of a certain meffuage or dwellinghouse in and upon the faid clofe, and then and there expelled, put out, and amoved the faid plaintiff from and out of the poffeffion, ufe, and occupation of a great part of his faid clofe, and kept and continued him fo expelled, put out, and amoved, and the faid part of the faid meffuage or dwelling-house in and upon the faid close, and then and there expelled, put out, and amoved the faid plaintiff from and out of the poffeffion, ufe, and occupation of a great part of his faid clofe, and kept and continued him fo expelled, put out, and amored, and the faid part of the faid meffuage or dwelling-houfe fo by them erected on the faid clofe as aforefaid, from thence for a long time, to wit, from thence hitherto, whereby the faid plaintiff hath during all that time loft, and by reafon of the faid laft-mentioned building will hereafter 1ofe and be deprived of the free and entire ufe, occupation, and enjoyment of his faid clofe: And for that the faid defendants heretofore, to wit, on, &c. in, &c. with force and arms, &c. feized, took, and carried away divers goods and chattels, to wit, twenty cart loads of foil, &c. of the faid plaintiff there then found and being of a large value, to wit, of the value of, &c. of like lawful, &c. and converted and difpofed thereof to their own ufe, and other wrongs to the faid plaintiff then and there did, against the peace of our lord the king, and to the damage of the faid plaintiff of two hundred pounds; and therefore he brings his fuit.

ift, Not