to the faid fir Theophilus Biddulph in that indenture named, his heirs and affigns, to the ufe of the faid fir Theophilus Biddulph, his heirs and affigns for ever, as by the faid indenture, relation Prout patet, &c. being thereunto had, it may more fully appear; by virtue of which Statute of ufes. faid indenture, and by force of the ftatute made for transferring of ufes into poffeffion, the faid fir Theophilus Biddulph in that indenture named became and was feifed of and in the said manor and free warren in and over the faid one thousand acres of land, whereof, &c. with the appurtenances, in his demefne as of fee; Sir T. B. died and being fo thereof feifed, the faid fir Theophilus laft abovementioned afterwards, to wit, on the first of May 1700, at FrankThe faid manor ton aforefaid, died feised of fuch his eftate therein, after whose defcended to fir death the faid manor and free warren in and over the faid one T. B. his fon, thousand acres of land, whereof, &c. with the appurtenances de feifed. who feifed, The faid maner defendant, fcended and came to fir Theophilus Biddulph, as fon and heir of the faid fir Theophilus Biddulph in the laft-mentioned indenture became named, whereby the faid fir Theophilus, the fon and heir of the faid fir Theophilus in the faid laft-mentioned indenture named, become and was feifed in his demefne as of fee of and in the said manor and the faid free warren in and over the faid one thousand acres of land, whereof, &c. with the appurtenances; and being fo and died feifed. feifed thereof the faid fir Theophilus Biddulph laft-mentioned afterwards, and before the faid time when, &c. to wit, on the first of June 1720, at Frankton aforefaid, died feifed of fuch his eftate therein, upon whofe death the faid manor and free warren in and over the faid one thousand acres of land, whereof, &c. with the defcended to the appurtenances, then and there defcended to the faid fir Theophilus Biddulph, to wit, as fon and heir of Edward Biddulph, deceased, who was fon and heir of Simon Biddulph, deceased, who was fon and heir of the faid fir Theophilus Biddulph in the faid laft-mentioned indenture named, the father of the faid fir Theophilus the defendant, became, was, and yet is feifed of and in the faid manor who became and free warren in and over the faid one thousand acres of land, feifed; wherefore, &c. whereof, &c. with the appurtenances; wherefore the faid fir Theophilus the defendant being fo feised thereof at the faid several times when, &c. with the faid dogs in the faid declaration mentioned, entered on the faid horfe, part of the faid cattle in the faid declaration mentioned, to use his free warren there, and with his faid dogs hunted the game in the faid clofes, parcel, &c. in which, &c. as he lawfully might for the cause aforesaid, and in fo doing he the faid fir Theophilus the defendants neceflarily and unavoidably with his feet in walking trod down, trampled upon, confumed, and spoiled a little of the grafs there then growing, and with his faid horse trod, fpoiled, and confumed a little of the grafs there then alfo growing in purfuit of the faid game, and with the feet of his faid dogs by fuch hunting tore up, damaged, and spoiled a little other grafs then and there alfo growing, he the faid fir Theophilus the defendant doing as little damage on that occafion as he poffibly could, which are the fame, &c. whereof, &c.; and this, &c.; wherefore, &c. THOMAS WALKER. And maner, &c. one feifed in to T. B. and And the faid Edmund, as to the faid plea of the said fir Theo- Replication, philus by him fecondly above pleaded in bar as to the breaking, &c. that before the (precludi non); because he fays, that long before the faid fir defendant had Theophilus had any thing in the faid manor of Frankton, with the any thing in the appurtenances, or in the faid warren in and over the faid manor, T. T. in 1658 to wit, on the third day of June 1658, one Thomas Temple, was efquire, was at one and the fame time feifed of and in the faid fee. manor of Frankton, with the appurtenances, in the faid county of Warwick, and of and in the faid clofes in which, &c. parcel, &c. and of and in the faid free warren in and over the said manor, and in and over the faid clofes in which, &c. parcel, &c. in his demefne as of fee; and being fo feifed thereof a certain fine was A fine levied of levied in the court of our lord the late king Charles the Second of locus in quo by common bench at Westminster, from the day of the Holy Trinity faid T. T. and in three weeks, in the year of Our Lord 1758, before Oliver Saint Rebecca his wife John, Edward Atkyns, Michael Hale, and Hugh Wyndham, E. D. juftices and others then and there prefent, between Theophilus Biddulph, efquire, and Eufeby Dormer, efquire, plaintiffs, and the faid Thomas Temple and Rebecca his wife, deforceants, of the faid clofes in which, &c. (amongst other things) with the appurtenances, by the name and defcription of one meffuage, one garden, one orchard, two hundred and fifty acres of land, thirty acres of meadow, thirty acres of pafture, and forty acres of furze and heath, with the appurtenances, in Frankton; whereupon a plea of covenant was fummoned between them in the fame court, that is to fay, that the aforefaid tenements, with the appurtenances, to be the right of him the faid fir Theophilus, as thofe which the faid fir Theophilus and Eufeby had of the gift of the aforesaid Thomas and Rebecca, and thofe they had remifed and quit claimed from them the faid Thomas and Rebecca, their heirs, to the aforefaid Theophilus and Eufeby, and to the heirs of the faid fir Theophilus for ever; and moreover the said Thomas and Rebecca had granted for them and the heirs of the aforefaid Theophilus, that they would warrant to the aforefaid Thomas and Eufeby, and the heirs of the faid Theophilus, the aforefaid tenements, with the appurtenances, against the faid Thomas and Rebecca, and the heirs of the aforefaid Thomas for ever, as by the record of the faid Prout patet, &c, fine being in the faid court of the faid lord the king of the bench, at Westminster aforefaid, more fully appears: And the faid Ed- Ufes of the fine. mund further says, that the said fine was fo levied to the use and behoof of the faid fir Theophilus and Eufeby Dormer, and their heirs for ever, to wit, at Frankton aforefaid; by virtue of which faid fine, and of the ftatute for transferring ufes into poffeffion, the faid Theophilus and Eufeby Dormer were feifed of the faid clofes in which, &c. with the appurtenances, in their demefne as of fee; and the faid Theophilus and Eufeby Dormer being fo feifed, afterwards, and long before the faid feveral times when, &c. and long before the faid fir Theophilus had any thing in the faid manor and And before the free warren, to wit, on the twenty-fecond day of November 1658, at defendant_had Frankton aforesaid, in the faid county, demifed to one J. Cartwright any thing T. B. (amongst mised locus in que to J. C. Q3 and E. D. de 500 year; mortgage. tate. Administration (amongst other things) all and fingular the faid clofes in the faid declaration mentioned, in which, &c. with the appurtenances, to him the faid John Cartwright, his executors, adminiftrators, and affigns, for and during the term of five hundred years from thence next enfuing, and fully to be complete and ended; by virtue whereof the faid John Cartwright afterwards, to wit, on the fame day and year laft aforefaid, entered into the faid demifed premifes, with the appurtenances, and became and was poffeffed for the faid term to him thereof demised as J. C. poffeffed, aforefaid; and the faid John Cartwright became fo poffeffed thereand died intef of as aforefaid afterwards, to wit, on the thirteenth of September 1690, at Frankton aforefaid, in the faid county, and died inteftate, after whofe death, to wit, on the nineteenth day of December granted to T.C. 1692, at Frankton aforefaid, in the faid county, administration of all and fingular the goods and chattels, rights and credits which were of the faid John Cartwright at the time of his death, who died inteftate as aforefaid, to Thomas Cartwright, by John, by Divine Providence, archbishop of Canterbury, and primate of all England, to whom the granting of administration of right belonged, was in due form of law committed; by virtue whereof the faid Thomas Cartwright afterwards, to wit, on the same day and year laft aforefaid, entered into the faid demifed premifes, with the appurtenances, and became and was poffeffed thereof for the then refidue of the faid term therein to come and unexpired; and the faid T.C. being fo poffeffed thereof afterwards, to wit, on the thirtieth T. C. affigned of September 1697, at F. aforefaid, in the faid county, affigned his intereft to the faid demifed premifes, with the appurtenances, in which, &c. and all the estate, right, title, and intereft of the faid Thomas Cartwright of and in the fame for the refidue of the faid term of five hundred years therein then to come and unexpired to Richard who died intef Benfon; and the faid Richard Benfon being fo thereof poffeffed as laft aforefaid, afterwards, to wit, on the firft of August 1718, at Frankton aforefaid, in the faid county, died inteftate, after whofe death, to wit, on the nineteenth of Auguft 1718, at Frankton Adminiftration aforefaid, adminiftration of all and fingular the goods and chattels, rights and credits which were of the faid Richard Benfon at the time of his death, who died inteftate as aforefaid, to Richard Benfon the fon of the faid Richard Benfon, first named, by William, by Divine Providence, archbishop of Canterbury, and primate of all England, to whom granting of that adminiftration of right belonged, was in due form of law committed; by virtue whereof the faid Richard Benfon the fon, being fo poffeffed afterwards, to wit, on the day and year laft aforefaid, at Frankton aforefaid, entered into the faid demifed premifes, with the appurtenances, in which, &c. and became and was poffeffed thereof for the refidue and remainder of the faid term therein to come and unexpired; and R. B. affigned the faid Richard Benfon the fon being fo poffeffed thereof afterthe remainder to wards, to wit, on the third of November 1720, at Frankton aforefaid, in the faid county, affigned the faid demifed premifes, with the appurtenances, for the refidue and remainder of the faid term T. B. tate. granted to R. B. T. H. of five hundred years therein to come and unexpired to one Tho mas Hewit; by virtue whereof the faid Thomas Hewit afterwards, to wit, on the fame day and year laft aforefaid, entered into the faid demifed premifes, with the appurtenances, in which, &c. and became and was poffeffed thereof for the refidue of the faid term therein then to come and unexpired; and the faid Thomas Hewit being fo poffeffed thereof as last aforefaid, afterwards, to wit, on the twenty-third of September 1737, at Frankton aforefaid, in the faid county, duly made his laft will and teftament in writing, T. H. devised and thereby gave and devifed the faid laft-mentioned premifes, with T. H. his nefame by will to the appurtenances, in which, &c. to Thomas Hewit, the nephew phew. of him the faid Thomas Hewit first named, the fame to hin the faid Thomas Hewit the nephew, for and during the term of his natural life, and from and after the deceafe of Thomas Hewit the nephew to the first fon of the body of the faid Thomas Hewit the to hold to him nephew to be lawfully begotten, and the heirs of the body of fuch and his firft fon, first fon lawfully iffuing, with divers remainders over, and ap- and appointed pointed the faid Thomas Hewit, the nephew, fole executor of the the faid T. H. faid will; and afterwards, to wit, on the thirty-first of January his executor. in the year laft aforefaid, at Frankton aforefaid, in the year afore- J. H. the uncle faid, died fo poffeffed of and in the faid demifed premifes, with died. the appurtenances, in which, &c.; after whofe death, to wit, on the fixth of February 1737, the aforefaid Thomas Hewit the nephew, the faid execution duly proved the faid will, and took upon himself the burthen of the execution thereof, to wit, at Frankton Executor prov. aforefaid; and afterwards, and after the death of the faid Thomas ed the will, Hewit, to wit, on the day and year laft-mentioned, at Frankton aforefaid, in the said county, he the faid Thomas Hewit, the nephew, as executor as aforefaid, affented to the faid devife and bequeft, and thereupon and by virtue of the said devife, bequest, and affent, he the faid Thomas Hewit, the nephew, afterwards, to wit, on the fame day and year laft aforefaid, at Frankton aforefaid, in the faid county, entered into and upon the said demifed premifes, with the appurtenances, and became and was poffefied thereof, and during the term of his natural life, and being fo T. H. leaving thereof poffeffed afterwards, to wit, on the eighteenth of Decem- C. H. his first ber 1753, at Frankton aforefaid, died, leaving Charles Hewit, the fun. first fon of the body of the faid Thomas Hewit the nephew lawfully begotten; by virtue whereof the faid Charles Hewit afterwards, to wit, on the fame day and year laft aforefaid, entered into the faid demifed premifes, with the appurtenances, in which, &c. and became and was poffeffed thereof for the refidue of the faid term; and being fo poffeffed thereof, he the faid Charles Hewit C. H. demifed afterwards, to wit, on the twenty-ninth of September 1782, de- fame to plaintiff mifed the faid premifes in which, &c. with the appurtenances, un- year to year, to the faid Edmund, to have the fame unto the faid Edmund for and during the term of one whole year then next enfuing, and fully to be complete and ended, and fo from year to year for fo long a time as they the faid Edmund and Charles Hewit fhould pleafe; by virtue whereof the faid Edmund afterwards and before the faid times Q4 as tenant from De injuria, &c. not feifed. times when, &c. to wit, on the fame day and year last aforesaid, at Frankton aforefaid, in the faid county, entered into the faid feveral closes in which, &c. with the appurtenances, and became and was thereof poffeffed until and at the faid times when, &c. for the faid term to him thereof demifed, and being fo poffeffed thereof, the faid fir Theophilus, at the faid times when, &c. of his own wrong broke and entered the faid clofes in the faid declaration mentioned, and with his feet in walking trod down, trampled upon, confumed, and spoiled the grafs and corn of the faid Edmund there then growing, and with the faid cattle depaftured, trod down, confumed, and fpoiled the faid other grafs and corn of the faid Edmund there then alfo growing, and broke down, tore down, proftrated, and deftroyed the faid hedges and fences of and belonging to the faid clofes of the faid Edmund, and with the faid dogs hunted in the faid clofes there without the licence and against the will of the faid Edmund, and with the feet of the faid dogs by hunting tore, damaged, and fpoiled the faid other grafs and corn of the faid Edmund there then alfo growing, in manner and form as the faid Edmund hath above in his declaration thereof Replication to complained against him; and this, &c.; wherefore, &c.: And the laft plea. the faid Edmund, as to the faid plea of the faid fir Theophilus Protefting that by him laftly above pleaded in bar as to the breaking and the prior was entering, &c. (precludi non); becaufe protesting that the prior of the late diffolved priory or monastery of the Bleffed Virgin Mary, in the city of Coventry, was not feifed of one thousand acres of land in Frankton aforefaid, in his demefne as of fee in right of his priory or monaftery, whereof the faid clofes in which, &c. were and fill are parcel; protetting alfo that the faid Henry the Third, late king of England, did not by his letters-patent grant and confirm to the faid prior or convent of Coventry, that they and their Protesting that fucceffors for ever fhould have free warren in their demefne lands queen Elizabeth of Frankton aforefaid; protesting falfo that the faid late queen Elizabeth did not grant to the faid Themas Thornton and Thomas Woodcock, their heirs and affigns, the manor of Frankton, and all its rights, members, and appurtenances, in the faid county of Warwick, and did not give and grant to the faid Thomas Thornton and Thomas Woodcock, their heirs and affigns, that they, their heirs, and affigns, from thenceforth fhould be empowered to have, hold, and enjoy within the faid manor of Frankton, or any parcel thereof, fo many, of fuch extent, and fuch and the fame tree warrens, and all other rights from divers liberties, privileges, cuftoms, profts, emoluments, and hereditaments whatfoever as, and fuch and fo freely and entirely, and in fuch ample manner and form as any prior or priors of the faid late priory of the Blessed Virgin Mary of the city of Coventry, or other perfon or persons having, poffeffing, or being feifed of the said manor, lands, tenements, and hereditaments had, held, used, or enjoyed, or ought to have held, used, or enjoyed in the said premifes, or any part thereof; protefting alfo that the faid Richard Temple in the faid plea mentioned, was not feifed in his demefne as of fee of Protefing that did not grant to T.T. and T.W. and |