pyhold, but free

of B. aforefaid, in the faid county of S. in, through, and over
the faid close called the Nine Acres, in which, &c. to the faid
clofe called the Boring Wheel Pound, otherwife the Four Acres,
ufing the fame way there for the convenient occupation of the faid
clofe called the Boring Wheel Pound, otherwife the Four Acres,
as it was lawful for them to do, and in fo doing neceflarily and un-
avoidably with their feet in walking trod down, trampled upon,
confumed, and spoiled a little of the grafs and corn there then
growing and being, and the faid cattle unavoidably trod down,
trampled upon, fpoiled, and contumed a little of the faid grass and
corn there then growing and being in the faid way, and on the
fides thereof, and the wheels of the faid waggons, carts, and other
carriages neceffarily and unavoidably a little crushed, squeezed,
damaged, and fpoiled the faid grafs and corn there alfo growing
and being, and tore up, turned up, and fubverted a little of the
faid foil; and because the faid way in the faid clofe in which, &c.
and at the faid times when, &c. was flopped up by the faid hedges
and fences in the faid declaration mentioned made and erected in
and across the faid way there, he the faid T. C. in his own right,
and the faid defendants as his fervants, and by his command in or-
der to open and gain a neceflary paffage there for the faid cattle,
carts, waggons, and other carriages, and to ufe the fame way, did
then and there neceffarily break and throw down a little of the faid
hedges and fences fo made and erected across the faid way there,
and removed the fame at a little diftance, and without doing of
which he could not pass along and ufe the faid way; and because
the faid dikes, ditches, and drains in the faid declaration mentioned,
at the faid times when, &c. were wrongfully made in and acros
the faid way in the faid clofe called the Nine. Acres, in which,
&c. and obftructed the faid T. C. in the ufe of the faid way, and
he the faid T. C. in his own right, and the faid defendants as his
fervants, and by his command, filled up and levelled the fame as it
was lawful for them to do for the caufe aforefaid, doing as little
damage as on that occafion they poffibly could, which are the fame
feveral fuppofed trefpaffes in the faid clofe called the Nine Acres,
in which, Stc. whereof the faid V. hath above complained against
them; and this they are ready to verify; wherefore they pray judg-
ment if the faid V. ought to have or maintain his aforefaid action
thereof against them.
W. BALDWIN.

Replication, And the frid V. as to the faid plea of the faid defendants by protefting that them firft above pleaded in bar, as to the faid declaration of the Locus is not par- faid V. whereof they have above put themfelves upon the councel, &c. or co- try, the faid V. doth fo likewife: And the faid V. as to the faid hold of, &c. tra- plea of the faid defendants by them fecondly above pleaded in bar, verfing eftate as to the feveral fuppofed trefpaffes in the faid clofe called the for life in the Bay, in the faid firit and fecond Counts of the faid declaration wife, and cuf mentioned; and alfo as to the feizing, taking, and carrying away the said trees, wood, and underwood in the faid laft Count of the faid declaration mentioned, and converting and difpofing thereof to their own use in the faid plea acknowledged to have been committed

tom.

itted by the faid defendants, he the faid V. fays, that by reafon of any thing by them in that plea fecondly above pleaded in bar alledged, he the faid V. ought not to be barred from having and maintaining his aforefaid action against them; because protefting that the faid clofe called the Bay, in which, &c. is not, nor at the faid feveral times when, &c. was, and from time whereof, &c. hath been lying within a parcel of the manor of D. in the faid County of S. and a customary tenement of the faid manor demiled and demifeable by the copy of the court rolls of the faid manor, by the lord of the faid manor for the time being, by his steward or deputy steward of the court of the fid manor, to any perfon or perfons willing to take the fame in fee fimple or otherwife, at the will of the lord of the faid manor, according to the custom of the faid manor, in manner and form as the faid defendants have above in their faid plea by them fecondly above pleaded in bar alledged; for replication in this behalf the faid V. fays, that the faid clofe called the Bay, in which, &c. at the faid feveral times when, &c. was and ftill is the clofe, foil, and freehold of the said V.; without this, that the faid T. C. at the faid feveral times when, &c. or any of them was, and from thence hitherto hath been, and still is feifed thereof as of freehold, for and during the term of the natural life of the faid Mary his wife, in manner and form as the faid defendants have above in their faid plea by them fecondly above pleaded in bar alledged; and this the faid V. is ready to verify; wherefore fince that the faid defendants have above ac knowledged the committing of the faid feveral trefpaffes in the faid clofe called the Bay, in the faid first and fecond Counts of the faid declaration mentioned, and the feizing, taking, and carrying away the laid trees, wood, and underwood in the faid laft Count of the faid declaration mentioned, and converting and difpofing thereof to their own ufe in manner and form as the faid V. hath in his faid declaration alledged, he the faid V. prays judgment and his damages, by reafon of the committing of the faid feveral trefpalles, to be adjudged to him, &c.: And the faid V. as to the faid plea of the faid defendants by them thirdly above pleaded, as to the feveral trefpaffes in the faid clofe called the Nine Acres, in the faid first and fecond Counts of the faid declaration mentioned, by them above acknowledged to have been committed, fays, that the faid V. by reason of any thing by them in that plea above alledged, ought not to be barred from having and maintaining his aforefaid action thereof against them; because protesting that as well the faid close called the Nine Acres, in which, &c. as alfo a certain other close called the Bay, otherwife the Boring Wheel Pound Bay, are not, and at the faid feveral times when, &c. were not, nor from time whereof, &c. have been fituate, lying, and being within the manor of D. in the faid county of S. and parcel of the faid manor; protesting alfo, that the faid clofe called the Bay is not, nor at the faid times when, &c. was, nor from time whereof, &c. hath been a customary tenement of the faid manor, demifed and demifeable by the copy of the court rolls of the faid manor, by

S 2

the

the lord of the faid manor for the time being to any perfon or perfons willing to take the fame in fee fimple for her life or otherwife, at the will of the lord, according to the custom of the faid manor; protesting alfo, that the faid T. C. and Mary, in right of the said Mary, before and at the faid feveral times when, &c. were not, nor are seised of and in the faid clofe called the Bay, for and during the natural life of the faid M. in manner and form as the faid defendants have above in their faid plea by them thirdly above pleaded alledged; for replication in this behalf the faid Vine fays, that the faid defendants, of their own wrong, committed the faid feveral trefpaffes in the faid clofe called the Nine Acres, in which, &c. in the faid firft and fecond Counts of the faid declaration mentioned, in manner and form as the faid V. hath above thereof complained against them; without this, that within the said manor in that faid plea mentioned there now is, and at the said times when, &c. there was, and from time whereof, &c. there hath been a certain custom there ufed and approved of, that is to say, that every customary tenant of the fuppofed cuftomary tenement called the Bay in that faid plea mentioned for the time being hath had, and hath used and been accustomed to have a certain way from the faid clofe called the Bay into, through, and over the faid clofe called the Nine Acres, in which, &c. unto and into a certain public highway leading from Horney Common into the faid parish of M. to D. in the parish of Buxitead, in the faid county of S. and fo back again in the fame way, to go, pafs, and repals with horfes, cattle, carts, and carriages for the convenient ufe and occupation of the faid clofe called the Bay every year at all times in the year, and as often as occafion required, in manner and form as the faid defendants have above in their faid plea by them thirdly above pleaded alledged; and this the faid V. is ready to verify; wherefore inafmuch as the faid defendant has above acknowledged the committing of the faid trefpafs above-mentioned, he the faid Vine prays judgment and his damages, by reafon of the committing of the faid laftmentioned trefpafies, to be adjudged to him, &c.: And the faid V. as to the faid plea of the faid defendants by them laftly above pleaded as to the faid feveral trefpaffes in the faid clofe called the Nine Acres, in the firft and fecond Counts of the faid declaration mentioned by them the faid defendants above acknowledged to have been committed, fays, that he the faid V. by reafon of any thing by them in that faid laft-mentioned plea above alledged, ought not to be barred from having and maintaining his aforefaid action thereof against them; because protefting that as well the faid clofe called the Nine Acres, in which, &c. as alfo a certain other close called the Boring Wheel Pound, otherwife the Four Acres, are not, nor at the faid time when, &c. were, nor from time whereof, &c. have been fituate, lying, and being within the manor of D. in the faid county of S. and parcel of the faid manor; proteffing alfo, that the faid clofe called the Boring Wheel Pound, otherwife the Four Acres, is not,- nor at the faid feveral times when, &c. was, nor from time whereof, &c. hath been a cuftomary tenement of the faid manor demifed and demifeable

by

by the copy of the court rolls of the faid manor by the lord of the faid manor for the time being, by his fteward or deputy fteward of the said court of the faid manor for the time being to any perfon or perfons willing to take the fame in fee fimple, for life, or otherwife at the will of the lord, according to the custom of the faid manor; protesting also that the faid T. C. and M. his wife, in right of the faid Mary, before and at the faid feveral times when, &c. were not nor are feifed of and in the faid clofe called the Bay for and during the natural life of the faid Mary, in manner and form as the faid defendants have above in their faid plea by them laftly above pleaded alledged; for replication in this behalf the faid V. fays, that the faid defendants of their own wrong committed the fame feveral trefpaffes in the faid clofe called the Nine Acres, in which, &c. in the faid first and fecond Counts of the faid declaration mentioned, in manner and form as the said V. hath above thereof complained against them; without this, that within the faid manor in that faid laft-mentioned plea mentioned there now is, and at the faid times when, &c. there was, and from time whereof, &c. there hath been a certain cuftom there used and approved of, that is to fay, that every cuftomary tenant of the faid customary tenement called the Boring Wheel Pound, otherwife the Four Acres for the time being hath had, and hath used and been accustomed to have a certain paffage from the faid clofe called the Boring Wheel Pound, otherwile Four Acres, into, through, and over the faid clofe called the Nine Acres, in which, &c. unto and into a certain public highway leading from Horney Common into the faid parish of M. to D. in the parish of B. in the faid county of S. and fo back again, to go, pass, and repafs with horfes, cattle, carts, and carriages for the convenient ufe and occupation of the faid clofe called the Boring Wheel Pound, otherwise the Four Acres, every year at all times in the year, and as often as occafion required, in manner and form as the faid defendants have in their faid plea by them laftly above pleaded alledged; and this the faid V. is ready to verify; wherefore inafmuch as the faid defendants have above acknowledged the committing of the faid laft-mentioned trefpafs, and the faid V. prays judgment and his damages, by realon of the committing of the faid laft-mentioned trefpals, to be adjudged to him, &c.

C. RUNNINGTON.

And the faid defendants, as to the faid plea of the faid V. by him Rejoinder, iffue above in reply pleaded to the faid plea of the faid defendants by them on all the replifecondly above pleaded in bar as to the feveral fuppofed trefpaffes in cations. the faid clofe called the Bay in the faid firft and fecond Counts of the faid declaration mentioned, and also as to the feizing, taking, and carrying away the faid trees, wood, and underwood in the faid laft Count of the faid declaration mentioned, and converting and difpofing thereof to their own ufe, by the faid defendant above fuppofed to have been committed (as before) fays, that the faid T. C. at the faid feveral times when, &c. was, and from thence hitherto hath

S3

Venire.

hath been, and ftill is feifed of the faid clofe called the Bay for and during the term of the natural life of the faid Mary his wife, in manner and form as the faid defendants have above in their faid plea by them fecondly above pleaded in bar alledged; and of this they put themfelves upon the country, &c.; and the faid V. doth the like: And as to the faid plea of the faid V. by him above in reply pleaded to the faid plea of the faid defendants by them thirdly above pleaded in bar as to the faid feveral fuppofed trefpaffes in the faid clofe called the Nine Acres in the first and fecond Counts of the faid declaration mentioned by the faid defendants above fuppofed to have been committed, the faid defendant (as before) fays, that within the faid manor there now is, and at the faid times when, &c. there was, and from time whereof, &c. there hath been a certain custom there ufed and approved of, that is to fay, that every customary tenant of the faid customary tenement called the Bay in that plea mentioned for the time being hath 'had, and hath ufed and been accustomed to have a certain way from the faid clofe called the Bay, into, through, and over the faid clofe called the Nine Acres, in which, &c. unto and into a certain public highway leading from Horney Common into the parish of M. to D. in the parifh of B. in the faid county of S. and fo back again into the fame way, to go, pafs, and repafs with horfes, cattle, carts, and other carriages for the convenient use and occupation of the faid clofe called the Bay every year at all times in the year as often as occafion required, in manner and form as the faid defendants have above in their faid plea by them thirdly above pleaded alledged; and of this they put themselves upon the country; and the faid Vine doth the like: And as to the faid plea of the faid Vine by him above in reply pleaded to the faid plea of the faid defendants by them lastly above pleaded in bar as to the feveral trefpaffes in the faid clofe called the Nine Acres, in the faid first and fecond Counts of the faid declaration mentioned by the faid defendants above fuppofed to have been committed, the faid defendants (as before) fay, that within the faid manor there now is, and at the faid times when, &c. there was, and from time whereof, &c. there hath been a certain cuftom there ufed and approved of, that is to fay, that every cuftomary tenant of the faid cuftomary tenement called the Boring Wheel Pound, otherwife the Four Acres, into, through, and over the faid close called the Nine Acres, in which, &c. unto and into a certain public highway leading from Horney Common in the faid parish of M. to D. in the parish of B. in the faid county of S. and fo back again, to go, pafs, and repafs with horfes, cattle, carts, and other carriages for the convenient ufe and occupation of the faid clofe called the Boring Wheel Pound, other wife the Four Acres, every year at all times in the year as often as occafion required, in manner and form as the faid defendants have above in their faid plea by them laítly above pleaded alledged; and of this they put themfelves upon the country, &c.; and the faid V. doth the like, &c.; therefore as well to try this iffue as the faid other iffues above joined between the faid parties,

let