the appurtenances, fo demifed to him as laft aforefaid, he the faid William in his own right, and the faid James as his fervant, and by his command during the fame year and time when the faid common field whereof, &c. except the faid part thereof called the Hitching, ought not to have been fown with corn or grain, but ought to have lain fallow as laft aforefaid, that is to fay, at the said several times when, &c. put the faid cattle in the faid declaration mentioned, the fame being then the cattle of the faid William levant and couchant in and upon his faid laft-mentioned land, with the appurtenances, into and upon the faid clofes in which, &c. in this plea mentioned, parcel, &c. to feed and depafture there and in the other parts of the faid common field called Weftfield, &c. except the said part of the faid common field called the Hitching, and except the faid William's own land in the refidue of the faid common field, and to use his faid common of pasture there, and the faid laft-mentioned cattle at the faid times when, &c. the fame being during the fame year and time when the faid common field called Weftfield, whereof, &c. except the said part thereof called the Hitching, ought not to have been fown with corn or grain, but ought to have lain fallow as laft aforefaid, were in the faid closes in which, &c. in this plea mentioned, parcel, &c. feeding and depafturing there, and ufing the faid common of pafture there as it was lawful to do for the cause in that behalf aforefaid; and the said William and James in fo putting the faid cattle into the faid clofe in which, &c. in this plea mentioned, parcel, &c. as aforefaid for the purpofe laft aforefaid, did neceffarily and unavoidably with their feet in walking tread down, trample upon, confume, and fpoil a little of the turnips, grafs, and corn of the faid Richard then growing in the faid clofes in which, &c. in this plea mentioned, parcel, &c. doing as little damage there to the faid William as on thofe occafions they poffibly could, which are the fame trefpaffes in the introductory part to this plea mentioned; and this, &c.; wherefore, &c. : And for further plea in this behalf as to &c. (actio non); because they fay, that as well the faid closes in the faid declaration mentioned called the Acre against Fox Hill, and the Yard upon the Hill, as the faid clofes or pieces or parcels of ground of the faid Richard in the faid declaration mentioned to be respectively lying and being difperfed in the faid common field called Dean Field, are, and at the faid feveral times when, &c. were, and from time whereof, &c. hitherto have been part and parcel of the faid common field called Dean Field, and fituate, lying, and being in the faid liberty of Eye and Dunsdon in the faid parish of, &c. in, &c.: And the faid William and James further fay, that long before and at the faid feveral times when, &c. the faid C. M. was, and from thenceforth hitherto hath been and ftill is felfed in his demefne as of fee of and in divers, to wit, one hundred acres of land, with the appurtenances, fituate, lying, and being in the faid liberty called, &c. in faid parifh of, &c. and that the faid C. M. and all thofe whofe

eftate

eftate he hath, and at the faid feveral times when, &c. had in his faid laft-mentioned land, with the appurtenances, from time whereof, &c. have had, and have used and been accustomed to have, and of right ought to have had, and the faid C. M. being so seised as laft aforefaid, ftill of right ought to have for himself and themfelves, his and their farmers and tenants, occupiers of his faid Jaft-mentioned land, with the appurtenances, for the time being, common of pafture in, upon, and throughout the faid common field called Dean Field, whereof, &c. (his and their own lands only excepted) for all his and their cattle levant and couchant in and upon the faid laft-mentioned land, with the appurtenances, whereof he was fo feifed as aforefaid yearly and every year in the manner and form following, to wit, in every year when the faid common field called D. Field, whereof, &c. or any part thereof hath been fown with corn and grain from the time that all the corn and grain fown in the faid common field called D. Field, whereof, &c. or fome part thereof hath been refown with corn or grain, and in every year when neither the faid common field called D. Field, whereof, &c. nor any part thereof hath been fown with corn or grain at all times of every fuch year as to the faid laftmentioned land, with the appurtenances, whereof the faid C. M. was fo feifed as aforefaid belonging or appertaining: And the faid William and James further fays, that the faid C. M. being fo feifed of and in the faid laft-mentioned land, with the appurtenances, as aforefaid before the said first time when, &c. to wit, on, &c. demifed the fame, with the appurtenances, to the said William, to hold the fame to him faid William from, &c. for the space of one whole year then next following, and fo on from year to year for fo long a time as the faid C. M. and the faid William should please ; by virtue of which faid laft-mentioned demife the faid William afterwards and before the faid firft time when, &c. to wit, on, &c. entered into the faid laft-mentioned land, with the appurtenances, and became and was, and from thenceforth hath been and ftill is poffeffed thereof as aforefaid at the said several times when, &c. of all the corn and grain then laft growing in the faid common field called Dean Field whereof, &c. have been cut down and carried away from thence, and no other corn or grain having been refown in or upon the faid common field called Dean Field, or any part thereof, at the faid feveral times when, &c. or any of them, he the faid William in his own right, and the faid James as his fervant, and by his command at the faid feveral times when, &c. did put the faid cattle in the faid declaration mentioned, being the cattle of the faid William levant and couchant upon the faid laft-mentioned land fo demised as last aforefaid into and upon the faid closes in which, &c. in this plea mentioned, parcel, &c. to feed and depafture the grafs then growing there and in the other parts of the faid common field called Dean Field, whereof, &c. except the faid William's own land therein to use his faid common of pafture there, and the faid last-mentioned cattle at the faid feveral times when, &c. no corn or grain being at any of those times refown in

or

or upon the fame common field or any part thereof were in the faid closes in which, &c. in this plea mentioned, parcel, feeding and depafturing the grafs there then growing, and ufing the fame common of pasture there as it was lawful to do for the cause aforefaid, and the faid William and James fo putting the faid laft-mentioned cattle into the faid clofes in which, &c. in this plea mentioned, parcel, &c. as aforefaid, for the purpofe laft aforefaid, did neceffarily and unavoidably with their feet in walking tread down, confume, trample upon, and spoil a little of the grafs of the faid Richard then growing in the faid clofes in which, &c. in this plea mentioned, parcel, &c. doing as little damage there to the faid Richard as on those occafions they poffibly could, which are the fame trefpaffes in the introduction to this plea mentioned; and this, &c.; wherefore, &c. if, &c.: And for further plea in this behalf as to, &c. (actio non).

G. S. HOLROYD.

breaking

ufe.

for

the

LANCASHIRE, to wit. J. B. complains of J. L. be- Declaration in ing, &c. in a plea of trefpafs; for that he the faid defendant trefpafs heretofore, to wit, on, &c. with force and arms, &c. broke clofe, and taking and entered a certain clofe of the faid plaintiff fituate at, &c. plaintiff's mare and then and there with feet in walking trod down, tramp- out of the fame, led upon, confumed, and fpoiled the grafs of the faid plaintiff and converting there then growing and being of a large value, to wit, of the her to his own value of twenty pounds of lawful money of Great Britain, and then and there with force and arms, &c. feized, took, and led away a certain mare of the faid plaintiff there then being, and depafturing in the faid clofe of a large price and value, to wit, of the price or value of fifty pounds, and kept and detained the faid mare, and ftill keeps and detains the fame: And alfo for that the faid defendant heretofore, to wit, on, &c. at, &c. with force and arms, &c. feized, took, and led away a certain other mare of the faid plaintiff there then found and being of a large price or value, to wit, of the price or value of fifty pounds of like lawful money, and kept and detained the fame, and converted and difpofed thereof to his own ufe, 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 fifty pounds; and therefore he brings his fuit, &c.

ing, nailing cer

windows, there

part of an crec

Declaration for FOR that the faid defendant heretofore, to wit, on, &c. at, &c. entering clofes, with force and arms broke and entered certain clofes of him the digging in foil; faid plaintiff, to wit, four yards, fituate, lying, and being, &c. crectingfcaffoldbelonging and adjoining to four feveral houfes of him the faid tain timbers be- plaintiff there alfo fituate and being, and contiguous and adjoining longing to faid to each other, and then and there with fpades, pickaxes, and other fcaffolding to iron inftruments dug up, tore up, fubverted, and fpoiled the foil of ftair heads and the faid plaintiff in and of the faid clofes, and then and there put by fpoiling faid up, placed, and erected in and upon the faid clofes of the faid plainclofes, damag. tiff respectively a certain large quantity of fcaffolding, and kept and ing paint, and continued the fame fo there put up, placed, and erected for a long breaking win- time, to wit, for the space of three months then next following, dows; building and then and there alfo placed, refted, and nailed certain bearing tionon plaintiff's and other timbers of and belonging to the faid fcaffolding to the wall near to his ftair heads, and to certain windows and other parts of the faid houfes and win several houfes of him the faid plaintiff refpectively, and thereby dows, whereby and therewith, during all that time, greatly injured, damaged, and spoiled the faid feveral clofes of him the faid plaintiff, and also plaintiff obliged damaged, daubed, and spoiled the paint, frames, and wood-work to lay out money, of the faid windows, and alfo then and there broke to pieces, and one A. B. damaged, and injured the glafs of and belonging to the faid winon occafion of dows of a large value, to wit, of the value of ten pounds; and ed to become te- also then and there built upon and erected, fet up, and caufed nant to plaintiff, to be built upon, erected, and fet up, a great part of a certain and plaintiff was erection or building upon a certain wall of the faid plaintiff there unable to pro- fituate, ftanding, and being near to the faid meffuages or dwellingcure another te- houfes of the faid plaintiff, and certain windows thereof, and kept

twenty windows

were darkened;

premises, refuf

nant.

and continued, and caufed to be kept and continued the faid part of the faid erection or building fo built, erected, and fet up on the faid wall of the faid plaintiff as aforefaid, for a long time, to wit, from thence hitherto, and thereby greatly damaged, injured, and weakened the faid wall, and by means of fuch erection or building thereon, and of other the premises aforefaid, divers, to wit, twenty of the lights and windows of the faid feveral houfes of the faid plaintiff were greatly darkened and obftructed, and the faid plaintiff was incommoded and difturbed in the occupation and poffeffion of his faid houfes, yards, and premifes, and was obliged to lay out and expend a large fum of money, to wit, the fum of fifty pounds in and about the repairing and making good the faid damage fo done to the fame as aforefaid, and one A. B. who would otherwife have become a tenant to the faid plaintiff of one of his faid houfes, on occafion and by reafon of the faid feveral premifes aforefaid refused and declined to become fuch tenant of the faid house, or to enter into or take poffeffion of the fame, and the faid plaintiff was for a long time, to wit, for and during all the time laft aforefaid, unable to procure and obtain a tenant either for that or any or either of the faid other houses of him the faid plaintiff, and in confequence thereof loft and was deprived of all rent and other benefit and advantage that would otherwife have arifen and accrued to him from the letting of the faid houses, to

upon

faid clofes near

wit, at, &c. And alfo for that he the faid defendant with force ad Count, for and arms, &c. on, &c. at, &c. broke and entered divers, to wit, entering clefes, four other clofes of the faid plaintiff there fituate, lying, and be- digging in foil, ing, and each and every of them being called the yard, and then erecting and there dug up, turned up, and fubverted, damaged, and spoiled to plaintiff's' a large quantity of the foil in and of the faid laft-mentioned dofes houfe and winof a large value, to wit, of the value of forty pounds, and then dows a scaffoldand there put up, fet up, placed, and erected in and upon the faid ing, and therebydarkening the feveral clofes near to certain other meffuages or dwelling-houses fame and hinof the faid plaintiff, fituate in the parish and county aforefaid, dering light and contiguous and adjoining to each other, and to certain windows air from coming of those houses, a certain other large quantity of (caffolding, and alfo into the winthen and there put, placed, nailed, and faftened to the faid laft-dows. mentioned windows, and to the frames thereof, and to certain other parts of the faid laft-mentioned houfes of the faid plaintiff, certain bearings, and other timbers, and other parts of the said laft-mentioned fcaffolding, and kept and continued the said scaffolding, and the faid bearing, and other timbers, and other parts thereof, fo there put up, placed, fixed, and faftened as last aforefaid, for a long space of time, to wit, for the fpace of three months, and thereby not only greatly darkened the faid windows of the faid laft-mentioned houfes of the faid plaintiff, and prevented the light and air from coming and entering into and by the fame, but greatly weakened and injured the faid houfes of the faid plaintiff in the walls, windows, and window frames, and in other parts and particulars thereof, to wit, at, &c. And alfo for that he the faid de- 3d Count, for fendant heretofore, to wit, on, &c. at, &c. built upon, erected, erecting on part and set up, and caufed to be built, &c. upon a certain part of a near to the faid of plaintiff's wall a certain. other wall of the faid plaintiff there fituate, ftanding, and houfes and winbeing near to certain other meffuages or dwelling-houfes of the faid dows, a part of plaintiff, and certain other windows thereof of a certain part another of a certain other erection and building, and kept and continued, tion, and thereby damaging wall and caused to be kept and continued the faid part of the faid laft- and obstructing mentioned erection or building fo erected, built, and fet up on part light. of the faid laft-mentioned wall of the faid plaintiff for a long time, to wit, from thence hitherto, and thereby greatly damaged, injured, and weakened the faid part of the faid laft-mentioned wall, and during all the time laft aforefaid hath greatly darkened and obftructed the faid lights and windows of the faid last-mentioned meffuages or dwelling-houfes of the faid plaintiff, and incommoded and difturbed him in the poffeffion and occupation of fuch houfes

erec

and premifes: And alfo for that the faid defendant, to wit, on, 4th Count, for &c. with force and arms, &c. broke, damaged, injured, and de- breaking goods. ftroyed certain goods and chattels of the faid plaintiff, to wit, twenty window frames, twenty fafhes, and one hundred fquares of glafs there then found and being of a large value, to wit, of the value of fifty pounds of lawful money of Great Britain, and then and there did other wrongs to the faid plaintiff, against the peace of our lord the now king, and to the damage of the faid

L 2

plain