ton, as fon and

as fervants of the

and

quo with faid

down

by fo doing, &c.

&c. with the appurtenances (amongst other things) in his demefne as of fee; and being fo feifed thereof he the faid William Taunton, fince deceased, afterwards, and before the committing the trefpaffes in the said declaration above supposed, to wit, on the first day of January 1760, at the parifh aforefaid, in the county aforefaid, died, whereby the faid reverfion of the faid clofes in Per quod, the rewhich, &c. together with all the timber trees, and pollards, and verfion defcendother trees, belonging and growing upon the faid clofes in which, ed to one other &c. with the appurtenances (amongst other things) defcended William Taunand came to one other William Taunton, deceased as aforefaid: heir of the faid And the faid defendants further fay, that the faid defendants as william Taun. fervants of the faid laft-mentioned William Taunton, and by his ton, deceased. command, at the faid feveral times when, &c. the fame being And defendants feasonable times of the year for the purpose, with the said horses, faid lait menmares, and geldings, and with the faid waggons, carts, and car- tioned William riages in the faid declaration mentioned, the fame being neceffary Taunton, horfes, mares, geldings, waggons, carts, and carriages, for the by his command purpose of cutting, digging, and carrying away the laid trees in entered locus in the faid declaration mentioned, as being the trees of the faid Wil- horfes, &c. for liam, the fame being timber trees, and trees likely to prove tim- the purpose of ber, ftanding, growing, and being in and upon the faid clofes, cutting broke and entered the faid clofes, and with their feet in walking, trees, &c. and and with the faid cattle neceffarily and unavoidably trod down, did neceffarily a trampled upon, and deftroyed a little of the grafs and corn there then little trefpafs, &c. growing and being, and the faid cattle did by fnatches and bites, against the will and confent of the faid defendants, eat and depafture a little of the grafs and corn of the faid Erafmus in the faid closes, and the wheels of the faid carts, waggons, and other carriages did neceffarily and unavoidably a little tear up, turn up, out up, fubvert, and fpoil the foil of the faid ciofes, and the faid defendants did then and there cut down, felt down, grub up, stub up, proftrate, and destroy the trees in the faid declaration mentioned growing in and upon the faid closes, and in the hedges and fences thereof, the fame being timber trees, and trees likely to become timber, as being the trees of the faid William Taunton the fon, and by his command, and the faid trees fo felled down, cut down, grubbed up, ftubbed up, and proftrated, did neceflarily and unavoidably put, lay, and place in and upon the faid clofes, and the faid trees did neceffarily and unavoidably fall upon the hedges and fences at the time they were cut down as aforesaid, and were thereby neceffarily and unavoidably placed and put in and upon the fame, and the faid defendants did thereby a little incumber the faid clofes, and damage, crush, fqueeze, and fpoil the grafs and corn in the faid clofes, and a little deftroy the hedges and fences, and other the grafs and corn there, and a little moleft and disturb the faid Erafmus in the enjoyment of the faid clofes, and in order to remove and carry the trees, and the materials thereof coming from and out of the faid clofes, they the faid defendants neceflarily and unavoidably hauled, carted, and carried the fame in, across, and over the faid clofes, and thereby a little

damaged,

Declaration for digging mines, raifing up cre in the clofe of

damaged, injured, and fpoiled other the grafs and corn of the said
Erafimus, in the firft Count of the said declaration mentioned, doing
as little damage on that occafion as they poffibly could, and as it
was lawful for them to do for the cause aforefaid, and which are the
feveral trefpaffes in the introduction to the faid plea mentioned, and
this, &c,; wherefore, &c.
S. LAWRENCE.

BRENT, ESQUIRE,
against

SOMERSETSHIRE, to wit. William Beard, late of Barnwell, BEARD AND OTHERS. &c. John Battle, late of, &c. and plaintiff, and John Wookey, late of, &c. were attached to answer Charles Converting fame Copy Brent, efquire, in a plea; wherefore with force and arms to the defend- they broke and entered the close of the faid C. C. fituate and ant's own ufe. being in the manor and parish of Hutton, in the faid county,

and with their feet in walking trod down, trampled upon, confumed, and fpoiled the grafs and corn of the faid C. C. there growing and being, and with fpades, fhovels, and pickaxes, and other iron inftruments, dug up, turned up, and fubverted the earth and foil of the faid C. C. and dug, made, and funk divers mines, pits, fhafts, and holes in the faid clofe of the faid C. C. there and from and out of the faid mines, pits, fhafts, and holes fo dug, made, and funk, raifed, dug, and got divers large quantities of earth, foil, ftones, lead ore, copper ore, lapis calaminaris, brafs ore, and other ore of the faid C. C. of great value, and the fame fo raised, dug, and got from and out of the faid mines, pits, fhafts, and holes, feized and carried away, and converted and difpofed thereof to their own ufe: And alfo wherefore the faid W. Beard, J. Battle, and J. Wookey, with force and arms, in the parish of Hutton aforefaid, feized, took, and carried away, divers other large quantities of earth, foil, ftones, lead ore, copper ore, lapis calaminaris, brafs, and other ore of the faid C. C. of other great value there found and being, and converted and difpofed of the fame to their own use, and other wrongs to the faid C. C. there did to the great damage of the faid C. C. and against the peace of our fovereign lord the now king; and whereupon the faid C. C. by E. Sheppard his attorney, complains, for that the faid W, B. J. B. and J. W. on the first day of January, in the year of Our Lord 1785, and on divers other days and times, between that day and the day of fuing out the original writ of the faid C. C. with force and arms, broke and entered the clofe of the faid Charles Copy, that is to fay, a certain close, called Hutton Hill, fituate and being in the faid manor and parifh of Hutton aforefaid, in the faid county, and with their feet in walking trod down, trampled upon, fpoiled, and confumed the grafs and the corn of the faid C. C. there then growing and being of the value of ten pounds, and with fhovels, pickaxes, and other iron inftruments, dug up, turned up, and fubverted the earth and foil, that is to say, two acres of the earth and foil of the faid close of the faid C. C. and then and there dug, made,

and

and funk, divers mines, pits, fhafts, and holes, that is to fay,
ten mines, ten fhafts, ten holes of great breadth and depth, that
is to fay, each of the breadth of one hundred feet, and of the
depth of five hundred feet in the faid close of the faid C. C. there,
and from and out of the faid mines, pits, fhafts, and holes fo
dug, made, and funk as aforefaid, then and there raised, dug, and
got divers large quantities of earth, foil, ftone, lead ore, copper
ore, lapis calaminaris, brafs ore, and other ore of the faid C. C.
that is to fay, one hundred cart loads of earth, one hundred cart
loads of foil, one hundred cart loads of ftones, one hundred cart
loads of lead ore, one hundred cart loads of copper ore, one hun-
dred cart loads of lapis calaminaris, one hundred cart loads of
brafs ore, and one hundred cart loads of other ore of the faid
C. C. there then being of great value, to wit, the value of two
thoufand pounds, and the fame fo raifed, dug, and got from, and
out of the faid mines, pits, fhafts, and holes, they the faid
W. B. then and there feized, took, and carried away, and convert-
ed and difpofed thereof to their own ufe; and alfo for that the faid
W. B. J. B. and J. W. afterwards, to wit, on the faid first day
of January 1785, and on divers other days and times between
that day and the time of fuing out the original writ of the faid
C. C. with force and arms, at the parish of Hutton aforefaid, in the
faid county, feized, took, and carried away divers other large
quantities of earth, foil, ftones, lead ore, copper ore, lapis cala-
minaris, brais ore, and other ore of the faid C. C. that is to fay,
one hundred other cart loads of earth, one hundred other cart
loads of foil, one hundred other cart loads of ftones, one hundred
other cart loads of lead ore, one hundred other cart loads of cop-
per ore, &c. of the faid C. C. there then found and being of
other great value, to wit, of the value of other two thoufand
pounds, and converted and difpofed of the fame to their own ute
and other wrongs to the faid C. C. they the faid W. B. j. B. and
J. W. then and there did to the great damage of the faid C. C.
and against the peace of our faid fovereign lord the now king,
whereupon the faid C. C. faith that he is injured, and hath fuftained
damage to the value of two thousand pounds; and therefore he
brings fuit, &c.
Drawn by Mr. CROMPTON,

that

was the free

the

as

And the faid W. B. J. B. and J. W. by G. South their attor- Plea, ney, come and defend the force and injury when, &c. and fay, the locus in que that they are not guilty of the faid feveral trefpaffes above laid hold of A. B. to their charge in manner and form as the faid C. C. hath above wherefore thereof complained against them, and of this they put themselves defendants upon the country, &c,: And for further plea in this behalf as to the tenants of the breaking and entering the faid clofes, in the faid firft Count A. B. dug the mines, &c. of the faid declaration mentioned, in which, &c. and with their feet in walking treading down, trampling upon, consuming, and fpoiling the grafs and corn there growing and being, and with fpades, fhovels, pickaxes, and other iron inftruments, digging up, turning up, and fubverting the earth and foil of the faid clofe,

Replication.
Similiter to ge-

that faid clofe

and digging, making, and finking the faid mines, pits, shafts,
and holes in the faid close there, and from and out of the faid
mines, pits, fhafts, and holes fo dug, made, and sunk aforesaid
railing, digging, and getting the faid earth, foil, and ftones,
lead ore, copper ore, lapis calaminaris, brafs ore, and other ore
then being, and the fame fo raifed, dug, and got from and out of
the faid mines, pits, fhafts, and holes, feizing, taking, carrying
away, and converting, and difpofing thereof to their own ufe in
the faid declaration mentioned, above fuppofed to have been com-
mitted by the faid defendants, they the faid defendants by leave of
the court here for this purpofe firft had and obtained, according
to the form of the ftatute in that cafe made and provided, fay, that
the faid C. (actio non); because they fay, that the faid close in
which, &c. at the faid feveral times when, &c. and before was,
and yet is the clofe, foil, and freehold of David Powell and Ann
his wife, and one John Capel; wherefore the faid W. B. J. B.
and J. W. as the tenants of the faid D. and Ann his wife, and
the faid J. C. and by their command at the faid feveral times
when, &c. in the faid firft Count of the faid declaration mention-
ed, entered into the faid close in which, &c. as being the close,
foil, and freehold of D. and A. his wife, and the faid J. C. and
with spades, fhovels, pick axes, and other iron inftruments, dug
up, turned up, and fubverted the earth and foil in the faid clofes
in which, &c. in the faid firft Count, in the faid declaration men-
tioned, as the earth and foil of them the faid D. and A. his wife,
and the faid J. C. then being in their clofe, foil, and freehold,
and dug, made, and funk the faid mines, pits, fhafts, and holes
in the faid clofe in which, &c. in the faid first Count of the faid
declaration mentioned, as in the clofe, foil, and freehold of them the
faid D. and A. his wife, and the faid J. C, and from and out of
the faid mines, pits, fhafts, and holes fo dug, made, and funk in
the faid clofe in which, &c. as aforefaid, raifed, dug, and got the
faid earth, foil, ftones, lead ore, copper ore, lapis calaminaris,
brass ore, and other ore, in the faid firft Count of the faid decla-
ration mentioned, as the earth, foil, and freehold of the faid
D. and A. his wife, and the faid J. C. dug and got from and out
of the clofe, foil, and freehold, and the fame feized, took, and
carried away, and converted and difpofed thereof for the use of
the faid D. and A. his wife, and the faid J. C. as they lawfully
might for the caufe aforefaid, and this, &c.; wherefore, &c.
N. GROSE.

And the faid C. C. as to the faid plea of the faid defendants by neral iffue, tra- them firft above pleaded in bar, whereof the faid defendants have verfe of the above put themfelves upon the country; he the faid C. C. doth fecond plea, and fo likewife: And the faid C. C. as to the faid plea of the faid dein which, &c. is fendants by them laftly above pleaded in bar as to the faid trefthe freehold of paffes in the introduction to that plea mentioned by the faid deplaintiff; fimili- fendants above done, fays, that he by reafon of any thing in that ter and award plea mentioned (precludi non); because he says, that the faid

of venire.

clofe

clofe in which, &c. at the faid feveral times when, &c. and long before was and is the clofe, foil, and freehold of him the faid C. C. and not the clofe, foil, and freehold of them the faid D. P. and A. his wife, and the faid J. C. or of any or either of them as the faid defendants have above in that plea alledged, and this the faid C. C. prays may be enquired of by the country, and the faid defendants do fo likewife; therefore, &c. G. ROOKE.

This caufe was tried at Summer Affizes 1787, and verdict for defendants.

LANCASHIRE, to wit. J. C. complains of R. H. being, Declaration in &c. for that he the faid defendant heretofore, to wit, on, &c.

at,

B. R. in trefpals vi et armis, for

off.

&c. in, &c. with force and arms, &c. broke and entered the closes, hunting and to wit, one clofe called one other clofe called , [de- fowling o the fcribing them by their general name] of the faid plaintiff there plaintiff 'seftate fituate, lying, and being, and then and there with feet in walk- after a written ing, and by and with divers dogs, to wit, greyhounds, hounds, notice to keep terriers, lurchers, beagles, harriers, pointers, and fpaniels, and by and with fervants and certain other idle and diffolute perfons to the faid plaintiff at prefent unknown then and there inftigated by, and following and attending upon the faid defendant, trod down, trampled upon, confumed, and spoiled the grafs there then growing and being of a large value, to wit, of the value of ten pounds of lawful money of Great Britain, and then and there broke down, tore down, proftrated, and deftroyed the hedges and fences, to wit, fifty perches of the hedges, and fifty perches of the fences of and belonging to the faid clofes of the faid plaintiff, and with the faid dogs and fervants and followers then and there without the licence and against the will of the faid plaintiff, hunted and fowled upon the faid feveral clofes, and by and with the faid dogs and hunting and fowling, tore up, broke down, and spoiled other the grafs, herbage, and fencing, to wit, ten roods of other fencing there then growing, ftanding, and being in the faid clofes : And also for that the faid defendant (then and there being an in- 2d Count, ferior tradefman, to wit, a fhoemaker) heretofore, to wit, on, ant as an infe &c. at, &c. in, &c. with force and arms, &c. and by and with r.or tradefman, dogs, to wit, greyhounds, &c. and by and with guns and other 2 wilf. Rep. 75. dogs, to wit, fpaniels, fetting dogs, and pointers, broke and 1 Ld. Raymond, entered other the clofes, to wit, &c. &c. [as in first Count] of 4 Ed. 149. the faid plaintiff there fituate, lying, and being, and then and Stat. 4 & 5 Wil.& there hunted and fowled therein, without the leave or licence, and 2 Efp. Ni. Pri. against the will of the faid John: And alfo for that the faid Richard 121, &c. heretofore, to wit, on, &c. and on divers other days and times, 3d Count, for a between that day and the exhibiting the bill of the faid plaintiff at, general trefpafs &c. with force and arms, &c. by and with dogs, to wit, grey- and times. hounds, &c. broke and entered other the clofes, to wit, &c. of the faid plaintiff there fituate, and on thofe feveral days and times, eat up, trod down, trampled upon, confumed, spoiled, and deftroyed the grafs and the corn, grain, and roots, to wit, oats, &c.

of

against defend

Ma. c. 23. f. 10.

on divers days