ed, that is to fay, that the lord or lady of the faid feignory or lord- Travelse ofcuf. fhip for the time being, from time whereof, &c. hath had and ta- tom to pay the ken, and hath been used and accustomed to have and take, and of heriot. right ought to have had and taken, and still of right ought to have and take upon the death of every free tenant dying feised of any freehold lands, &c. [As in fourth plea]. Traverfe fame as laft to fifth plea.] W. H. ASHHURST, First plea, General Ifiue: And for further plea in this behalf Plea. as to the breaking and entering the faid dwelling-houfe in the said firft Count of the faid declaration mentioned, in which, &c. remaining and continuing therein for twenty minutes, part of the time in the faid firft Count of the faid declaration mentioned, and during that time difturbing and difquieting the faid Thomas Yeates in the peaceable and quiet poffeffion of the faid dwellinghoufe, and taking and carrying away the faid goods and chattels in the faid first Count of the faid declaration mentioned above fuppofed to have been done by the faid defendants, they the faid defendants, by leave, &c. (actio non); becaufe they fay, the city of The city of CarCarlifle aforefaid, in the faid county of Cumberland, at the faid life an ancient times when, &c. was, and from time whereof, &c. hath been and city. ftill is an ancient city, and that the citizens of the faid city from time whereof, &c. until the twenty-firft day of July, in the thir- Citizens thereof teenth year of the reign of Charles the First, late king of Eng- until the 21ft of land, &c. were an ancient corporation and body corporate in deed, July, 13. Car. fact, and name, and had been and were confirmed by divers let 1 an ancient ters-patent of divers late kings and queens at divers times by di- corpo, ation vers names of incorporation, that is to fay, by the name of the citizens of the city of Carlisle, and alfo by the name of the mayor and citizens of the city of Carlisle, on which twen patent. ty-first of July, in the thirteenth, &c. the faid citizens of the faid on the fad 21ft city of Carlisle were by the faid late king by his letters-patent of July, 2. Car. bearing date at Canbury on the fame day and year laft afore- 1, by letterss faid, and which, fealed with the great feal of England, the defendants now bring here into court, were duly incorporated by the name of the mayor, aldermen, bailiffs, and citizens of the city of Carlifle: And the faid defendants further fay, that the citizens of the faid city of Carlisle for the time being, from time whereof the memory of man is not to the contrary, until the faid twenty-first of July, in the thirteenth year of the reign of the faid late king Charles the Firft by their feveral names of incorporation firft and fecondly above-mentioned refpectively, and the mayor, aldermen, bailiffs, and citizens of the faid city of Carlisle continually from thenceforth hitherto have been, and have used and been accustomed to have, and of right ought to have, and the faid mayor, aldermen, bailiffs, and citizens of the faid city ftill of Mayor, right ought to have a certain court-leet and view leet and view ought to have a of court-lect. wander about the streets. of frankpledge in the faid city, and all things which to a court-leet and view of frank pledge belong, of all the inhabitants and refiants within the faid city twice a year, to wit, once within a month next after the feast of Eafter, and again within a month next after the feaft of St. Michael the Archangel, before the mayor and bailiffs of the faid city for the time being within the faid city yearly to be held: And the faid defendants further fay, that the faid Thomas Yeates, before the said times when, &c. and before the holding of the court-leet hereinafter mentioned, to wit, on the first of January 1768, at the city of Carlisle aforefaid, unlawfully and inPlaintiff permit juriously did permit and fuffer the fwine of him the faid Thomas ted his fwine to Yeates to wander and pafs backward and forward in and about divers public streets and common highways there within the jurifdiction of the faid court, whereby the faid public ftreets and common highways there were very much obstructed and rendered filthy and unwholefome, fo that the liege fubjects of our faid lord the king could not through the faid public ftreets and common highways go, return, país, ride, and labour as they ought and were wont to do, to the great damage and common nuilance of all the liege fubjects of our faid lord the king in the fame streets and common highways going, returning, paffing, and labouring, and against the peace of our faid lord the king, his crown and dignity: And the faid defendants further fay, that afterwards and before the faid time when, &c. to wit, at the faid court leet and view of frank pledge of our fovereign lord the now king, holden in the Guildhall in and for the faid city, and within the jurifdic⚫ tion of the faid court, and within a month next after the feaft of Eafter 1768, that is to fay, on Monday the fourth of April in the fame year, before the faid John Pears, then being mayor of the leet for the nui. faid city; and the faid Robert Jackfon and Robert Manson then being bailiff of the faid city according to the cuftom there, by the Oath of twelve free and lawful men refiant and inhabiting within the faid city, and then being in the faid court charged and fworn to enquire and make prefentiment of thofe things which to the faid court leet and view of frank pledge belonged, it was then and there prefented in the fame court (amongst other things) that the faid Thomas Yeates had been guilty of the faid nuifance in fuffering the faid two fwine to wander about the streets of faid city; wherefore it was confidered by the fame court there that andamerced,&c. faid Thomas Ycates fhould be in mercy; wherefore the faid Thomas Yeates for that cause was then and there in the fame court by the fame jury amerced to the fum of thirteen fhillings and fourpence of lawful money of Great Britain, which faid amerciament by two and duly affeer- affeerors, to wit, Richard Hodgson and William Hodgson, affeerors in the fame court duly affeered to the like fum of thirteen fhillings and fourpence, of all which premises the faid Thomas Yeates afterwards and before the time when, &c. on the fame amercia- day and year laft aforefaid, at the city of Carlisle aforefaid, had noment being un- tice: And the faid defendants further fay, that the faid amerciapaid, the mayor ment being unpaid afterwards and before the faid time when, &c. iffuednisprecept cirected to the to wit, on the twenty-fixth of July 1768, at the city of Carlile Plaintiffprefent ed at the court fance. ed. The aforefaid, aforefaid, the faid John Pears ftill being mayor of the faid city for the levying of the faid amerciamer.t duly and according to the cuftom of the faid court caufed to be made and iffued his certain precept under his hand and feal of office as mayor of the faid city, bearing date the fame day and year laft aforefaid, directed to the faid Thomas Wallis, Jofeph and Robert Holliday, ferjeants at mace within the faid city, he the faid John Pears, as fuch mayor as aforefaid, being the proper officer for the making and iffuing fuch precepts; and the faid Thomas Wallis, Jofeph and Robert Holliday then and there being the proper officers for executing the fame, by which faid precept the faid mayor authorized and required the faid Thomas Wallis, Jofeph and Robert Holliday (amongst other things) to levy by diftrefs of the goods of the faid Thomas Yeates the fame fum of thirteen fhillings and fourpence Precept deliver. by him unpaid as aforefaid, and that they fhould answer the fame ed to the ferwhen thereunto required, and then and there delivered the faid jeants at mace. precept to the faid Thomas Wallis, Jofeph and Robert Holliday, fo being ferjeants at mace within the faid city, and the proper officers for executing the fame as aforefaid, to be executed in due form of law, and then and there requested the faid Thomas Wallis, Jofeph and Robert Holliday to execute the fame; by virtue whereof they the said Thomas Wallis, Jofeph and Robert Holliday fo being ferjeants at mace and the proper officers for executing the fame as aforefaid, and the faid Robert Jackfon and Robert Nanfon in their aid and affiftance and by their aid and affistance, and by their command at the faid time when, &c. the faid amerciament being unpaid, entered into the faid dwelling-house in which, &c. by the outer door thereof, the fame dwelling-house, in which, &c. being within the faid city of Carlifle, and within the jurifdiction of the faid court, and the outer door thereof then and there being open in order to levy by distress of the goods of the faid Thomas Yeates, then and there being in the faid dwelling-houfe, the faid sum of thirteen fhillings and fourpence on him impofed as an amerciament as aforefaid, and for that purpose did neceffarily take and carry away the faid goods of the faid Thomas Yeates in the faid firft Count of the faid declaration mentioned then found in the faid dwelling-houfe in which, &c. and within the jurifdiction of the faid court, as it was lawful for them to do for the cause aforefaid, and in so doing they the faid Robert Jackfon, Robert Nanfon, Thomas Wallis, Robert and Jofeph H. did neceffarily and unavoidably remain and continue in the faid dwelling-house in which, &c. for the faid space of twenty minutes, part of the faid time in the faid declaration mentioned, the fame being a reasonable time for that purpofe, and during that time did neceffarily and unavoidably a little difturb and difquiet the faid Thomas Yeates in the peaceable and quiet poffeffion of the faid dwelling-houfe, doing as little damage as they poffibly could on that occafion, and which faid goods they the faid Thomas Wallis, Jofeph and Robert afterwards, to wit, on the faid twelfth of September 1768, at the city of Carlisle aforefaid, fold for fix fhil fings and fixpence, which faid fix fhillings and fixpence they, the faid Thomas Wallis, Jofeph and Robert, then and there an fwered and paid to the faid mayor, aldermen, bailiffs, and citizens of the faid city of Carlifle, in part of the faid amerciament being thereunto then and there required, according to the faid precept, which are the fame, &c. whereof, &c.; and this, &c.; wherefore, &c: And for further plea in this behalf, as to the breaking and entering, &c. &c. above fuppofed to have been done by the faid defendants, they the faid defendants, by like leave, &c. (actio non); because they fay that the faid corporation, that is to fay, the citizens of the faid city of Carlile for the time being, from time whereof, &c. until the faid twenty-firft of July, in the said thirteenth year, &c. by their names first and fecondly above mentioned refpectively; and the mayor, aldermen, bailiffs, and citizens of the faid city of Carlile continually from thenceforth hitherto have had and have used, and been accustomed to have, and of right ought to have; and the faid mayor, aldermen, bailiffs, and citizens of the faid city ftill of right ought to have a certain other court leet and view of frankpledge of the faid city, and all things which to a court leet and view of frankpledge belong of all the inhabitants and refidents within the faid city once a year, within a month next after the feaft of St. Michael the Archangel, before the mayor and bailiffs of the faid city for the time being within the faid city yearly to be held, and which the faid mayor and bailiffs for the time being, before whom the faid court hath been fo held as aforefaid, have from time to time, during all the time whereof, &c. ufed and been accustomed to adjourn fuch court until Monday next after the feast of Eafter, commonly called Eafter Monday, then next following before the mayor and bailiffs of the faid city for the time being within the faid city to be further held, according to the custom there; and the faid defendants further fay, that before the faid time, when, &c. to wit, on Monday the twenty-fixth of October, in the eighth year of the reign of our fovereign lord the now king, being within ne month next after the feast of St. Michael the Archangel in that year, the faid laft-mentioned court leet and view of frankpledge of our fovereign lord the king was holden at the Guildhall in and for the faid city before the faid John Pears, then being mayor of the faid city, and the faid Robert Jackson and Robert Nanfon, then being bailiffs of the faid city, according to the custom there, which the fame court was then and there duly, and according to the faid cuftom, adjourned by the faid then mayor and bailiffs of the faid city, before whom the fame was held as aforesaid until Monday next after the feast of Eafter, commonly called Eafter Monday, then next following before the mayor and bailiffs for the faid city for the time being, within the faid city to be further held, according to the custom there: And the faid defendants further fay [Here infert the plaintiff's fuffering his fwine to wander, fame verbatim as in fecond plea]: And the faid defendants further fay, that afterwards, and before the faid time when, &c. to wit, at the court leet and view of frank- city, &c &c. &c. De injuria fua · abfque tali caufa. And the faid Thomas Yeates, as to the firft plea of the faid de- Replication, adfendants by them fecondly above pleaded as to the breaking and mits the city to be an ancient entering, &c. by them done, fays, that by reafon, &c. (precludi non); because he fays, that true it is that the city of Carlifle aforefaid hath been and is an ancient city, and that the citizens of the faid city for the time being from time whereof the memory of man is not to the contrary, until the twenty first of July in the faid thirteenth year, &c. were an ancient corporation or body corporate in deed, fact, and name, and had been and were confirmed by divers letters patent of divers late kings and queens of England, at divers times by the faid names of incorporation in that behalf mentioned; and that on the faid twenty-firit of July, in the faid thirteenth year, &c. the faid citizens were by his faid late majefty by his letters patent in the faid plea mentioned incorporated by the faid name of the mayor, aldermen, bailiffs, and citizens of the city of Carlile, and that the faid citizens for the faid city for the time being, during all the faid time immemorial until the twenty-firft of July in the thirteenth year aforefaid by their feveral names of incorporation in that plea firft and fecondly mentioned, and the mayor, aldermen, bailiffs, and citizens of the faid city of Carlifle continually from thenceforth hitherto have had and have uled, and been accustomed, and of right ought to have had, and the faid mayor, aldermen, bailiffs, and citizens of the faid city ftill of right ought to have fuch court leet or view of frankpledge as in the faid plea is mentioned, and fuch court leet or view of frankpledge was held as in the fame plea is mentioned; and that the faid Thomas Yeates was inerced, and fuch |