from the feaft-day of, &c. until and upon the feast of, &c. in the fame year, and from thence until and upon the day of, &c. and in the faid eighteenth year of the reign of, &c.; and because pounds of the faid rent, for one quarter of a year ended on the feaft of, &c. and in the eighteenth year aforefaid, on that day in that year, and alfo at the faid time when, &c. were in arrear and unpaid to the faid Jonas; and because the faid W. L. within the space of thirty days next before the faid time when, &c. to wit, on, &c. had fraudulently conveyed away off and from the faid demifed premises the faid goods and chattels in the laft Count of the faid declaration mentioned to prevent the faid Jonas from diftraining the fame for the faid rent fo payable, due, in arrear, and unpaid as aforefaid; and because the faid goods and chattels fo fraudulently conveyed away off and from the faid demised premifes for the purpose aforefaid, at the faid time when, &c. were in the faid houfe in which, &c. the faid Jonas in his own right, and the faid A. and F. as his fervants, and by his command, at the faid time when, &c. entered into the faid houfe in which, &c. to take and feize the faid goods and chattels as a distress for the faid rent fo due and in arrear as aforefaid, and did then and there feize and take the fame as fuch diftrefs, and then and there, in the faid houfe in which, &c. kept and continued in the poffeffion of the faid goods and chattels fo diftrained, as they lawfully might for the caufe aforefaid, for a certain space of time, to wit, for the space of time in the faid fecond Count of the faid declaration mentioned, and until the faid W. L. with force and arms, expelled the faid Jonas A. and G. from and out of the faid houfe, and from and out of the poffeffion of the faid goods and chattels fo diftrained for the caufe aforefaid, and the faid J. A. F. in fo doing as aforesaid neceffarily and unavoidably a little disturbed and difquieted the faid William in the quiet ufe and occupation in which, &c. and neceffarily and unavoidably made a little noise and difturbance for the time in the faid fecond Count in that behalf mentioned, doing as little damage there to the faid William as they could on that oc cafion, to wit, at, &c. in, &c. which are the fame breaking and entering the faid houfe in the firft, &c. and as to the breaking, &c. in the fecond Count, &c. him the faid William in the quiet, &c. of the faid house, difturbing and hindering, and a noise, &c. there making for the time in the fecond, &c. and as to the breaking, &c. in the laft, &c. and taking the goods, &c. whereof the faid William hath above complained against them; and this, &c.; wherefore, &c. if, &c.: And for further plea as to &c. &c. [Add two more pleas fame as the first.]

J. MORGAN.

LICENCE

LICENCE IN LAW.

PAVIOUR
against

PLEA, ift, General If- Plea to trespass fue: And for further plea in forentering close HEWIT, CLERK, AND OTHERS. this behalf as to the break- with a waggon and carrying ing and entering the faid clofe in the faid declaration mentioned, away hay, by and with feet in walking treading down, &c. the grafs there grow- one defendant ing and being, and with the faid horfes, mares, and geldings, as vicar and the part of the faid cattle in faid declaration mentioned, eating up, &c. others

as

his

fervants, jufti

a

t.thes of hay under a custom

fucl

confideration of

tom of the

other the grafs there growing and being, and with the wheels of fying entering a certain waggon tearing up, turning up, fubverting, and fpoiling locus with the foil of the faid Hannah in her faid clofe, and pulling up, &c. waggon drawn the faid gates, pofts, rails, hedges, ditches, and fences there by fix horfes to erected, ftanding, and being, and breaking off, &c. the faid iron take away the locks, iron ftaples, and iron chains affixed to the said gates, and wherewith the fame gates were locked and faftened, and feizing to take and taking off one waggon load of hay, part of the faid hay in waggon load in the faid firft Count of the faid declaration mentioned, lying and lieu of tithes of being in the faid clofe, and carrying the fame away, and convert- hay of locus, in ing and difpofing thereof to their own ufe, by them above fup- plaintiff's makspofed to have been committed at the faid first time when, &c. ing the fame and alfo as to the feizing, &c. of one waggon load of hay, part of into hay accordthe faid goods and chattels in the faid lait Count of the faid de- ing to the cuf claration mentioned, and converting and difpofing thereof to their own ufe, above fuppofed to have been done by them the faid de- country. fendants at the faid firft time when, &c. they the faid defendants (actio non); because they fay, that the faid waggon load of hay, part of the faid hay in the faid firft Count of the faid declaration mentioned, and the faid waggon load of hay, part of the faid goods and chattels in the faid laft Count of the faid declaration mentioned are, and at the faid first time when, &c. were one and the fame, and not other or different, and were then in the faid close in which, &c.; and that the faid I homas, at the faid first time when, &c. and long before was, and continually from thenceforth hitherto hath been, and ftill is vicar of the vicarage of the parish church of Westbury, in the faid county of Wilts, and that divers, to wit, three pieces or parcels of meadow land called the Chantry Leazes, containing in themselves by eftimation thirty-fix acres, whereof the faid clofe in which, &c. is parcel, now are, and at the faid first time when, &c. and from time whereof the memory of man is not to the contrary have been ancient meadow land, and fituate, lying, and being within the fad parish of Weftbury, and within the bounds, limits, and titheable places of that parith, which faid pieces or parcels of meadow land whereof, &c. now are, and at the faid feveral times when, &c. and long before were in the poffeffion and occupation of the faid Hannah, and that the Jaid Hannah, and all other the tenants and occupiers of the faid pieces or parcels of land whereof, &c. for the time being, from time whereof, &c. yearly and every year, when the grafs growing (a) (By the vicar.)

and arifing upon and from the faid pieces or parcels of land whereof, &c. has been mown and cut down at the first month thereof in each year, have made, and have been used and accustomed to make, and during all that time of right ought to have made, and the faid Hannah, being occupier as aforefaid, ftill of right ought to make the fame into hay at her and their own proper cofts and charges, and that the faid Thomas, and all his predeceffors vicars of the faid vicarage from time whereof, &c. yearly and every year, when the grafs growing and arifing upon and from the faid pieces or parcels of meadow land whereof, &c. or any part thereof, at the faid first month thereof, has been fo mown and cut down and made into hay as aforefaid, and hath been fit to be taken and carried away, and have had taken and carried away, and have been ufed and accustomed to take and carry away, and during all the time aforefaid of right ought to have had, taken, and carried away, and the faid Thomas, as vicar as aforefaid, ftill of right ought to have taken and carried away from thence to his and their own use, in right of the faid vicarage, a certain quantity, to wit, one complete waggon load of the fame hay, drawn by fix horfes, and made according to the custom of the faid parish, in lieu of all the tithes growing and arifing upon and from the faid pieces or parcels of land whereof, &c.: And the defendants further fay, that the grafs growing and arifing upon part of the faid pieces or parcels of land a little before the faid time when, &c. was mown and cut down and made into hay as aforefaid, and was fit to be taken and car. ried away, the fame being the first month thereof in that year, and part thereof, at the faid first time when, &c. was lying and being in and upon the faid clofe in which, &c. wherefore the faid Thomas, fo being vicar as aforefaid, in his own right, and the faid (other) defendants as his fervants, and by his command, at the faid firft time when, &c. went with the faid waggon drawn by the faid horfes, mares, and geldings, being fix in number, and no more, into the faid close in which, &c. in and by the ufual way into the fame, in order to take and carry away the faid waggon load of hay fo being in the faid clofe in which, &c. and to which he the faid Thomas was fo entitled as aforefaid, and with the faid waggon drawn by the faid fix horses, mares, and geldings, took and carried away the fame waggon load of hay, drawn by fix horfes, and made according to the custom of the faid parish, from and out of the faid close in which, &c. in the ufual way there, as it was lawful for him to do for the cause aforefaid and in fo doing the faid defendants, at the faid first time when, &c. neceffarily and unavoidably, with their feet in walking, and with the faid horfes, mares, and geldings, did tread down, &c. a little of the grafs there then growing and being, and with the wheels of the faid waggon tore up, &c. a little of the foil in the fame close in which, &c. and the faid horfes, mares, and geldings, in drawing and paffing with the faid waggon, did, against the will of the faid defendants, fnatch up, eat up, and depafture a little of the grafs there then growing and

being, and because the ufual way into the faid clofe in which, &c. was ftopped by the faid gates, pofts, rails, hedges, dikes, and fences there erected, ftanding, and being in and across the fame, and because the faid gates were then and there locked and fastened with the faid iron locks, iron ftaples, and iron chains affixed to the fame, so that they the faid faid defendants could not otherwife open a neceffary paffage through the fame gates, he the faid Thomas in his own right, and the faid (other) defendants as his fervants, and by his command, in order to open a neceffary paffage to ufe the faid way there with the faid waggon drawn by the faid horfes, mares, and geldings, on the occafion aforefaid, did neceffarily break down, &c. the faid gates, &c. fo there erected, ftanding, and being, and broke off, broke to pieces, fpoiled, and deftroyed the faid iron locks, iron ftaples, and iron chains fo then and there affixed to the faid gates, and wherewith the fame were then and there locked and faftened, doing as little damage on that occafion as they poffibly could, which are, &c. whereof, &c.; and this, &c.; wherefore, &c. [Third plea fame as fecond, only varying the custom, by omitting what is in Italic, and inferting a waggon load containing two ton and a half]: And for further plea in this behalf as to the breaking and entering, &c. [as before] the faid defendants, by leave, &c. (actio non), because they fay, that [hay fame in each Count], and that the faid Thomas [was vicar as before], and that divers, to wit, three pieces or parcels of meadow land called the Chantry Leazes, containing in themselves by eftimation thirty-fix acres, whereof the faid clofe in which, &c. is parcel, now are, and at the faid time when, &c. were, and from time whereof, &c. have been ancient meadow glebe land belonging and appertaining to the rectory of the faid parith, and fituate, lying, and being within the faid parish church of Westbury, which fame pieces or parcels of land whereof, &c. now are, and at the faid firft time when, &c. and long before were in the poffeffion and occupation of the faid Hannah, and that the faid Hannah, and all others the tenants and occupiers, &c. [ftating as before, that he ought to make the grafs into hay, at her own proper cofts and charges]; and that the faid Thomas, and all his predeceffors vicars of the faid vicarage, from time whereof, &c. yearly and every year, when the faid grafs growing and arifing upon and from the faid laft-mentioned pieces or parcels of meadow land whereof, &c. or any part thereof, at the faid first month thereof, has been fo mown and cut down and made into hay as aforefaid, and hath been fit to be taken and carried away, have had, taken, and carried away, and have used and been accuftomed to have, take, and carry away, and during all the time aforefaid of right ought to have had, taken, and carried away, and the faid Thomas, as vicar as aforefaid, ftill of right ought to have, take, and carry away from thence to his and their own ufe, in right of the faid vicarage, a certain quantity, to wit, one complete waggon load of the fame hay drawn by fix horfes, and made according to the cuftom of the faid parifh, as belonging and appertaining to the faid vicarage, &c. [From hence to the end

fame

as

entered to take

tenth, under a

custom in con

in fheaves, and managing harveft.

the

fame as fecond plea.] [Fifth plea like the fourth, with the fame variation as between the fecond and third. G. S. HOLROYD.

Replication to each plea, de injuria fua, prefcriptions as laid in the refpective pleas.

and traverse of the WM. WALTON.

Rejoinders, taking iffue on the traverfes. G. S. HOLROYD.

ENGLAND
againft

Plea (to enter. Plea, 1ft, Not Guilty: And ing clofe ard for further plea as to the carrying away FERNIHOUGH AND ANOTHER. breaking and entering the faid corn) that the defendents, clofe of the faid Samuel England in the faid declaration menfervants of the tioned in which, &c. and with their feet in walking treading excentrix of the down, fpoiling, and confuming the faid grafs and corn therein grantee of the mentioned of the faid Samuel there then growing, and with the tithes of locus, feet of the faid cattle, and with the wheels of the faid carts, wagthe tithes of gons, and other carriages treading down, crufhing, confuming, corn, viz. the and fpoiling other the faid grafs and corn of the faid Samuel then eleventh Fart there growing and being, by the faid defendants above supposed to inftead of the have been done, the faid defendants, by leave, &c. fay (actio non); because they fay, that one Henry Allen, long before the faid first fideration of the time when, &c. and at the time of making the demife hereinafter plantiff's bird mentioned was, and yet is impropriator of all and fingular the ing the fame up tithes of corn whatfocver yearly arifing, increafing, and renewing on and from all lands and hereditaments in the lordihip of Bufford, in the faid parish of Stone, and feifed of the faid tithes in his demefre as of fee, and that the faid clofe in which, &c. at the faid feveral times when, &c. was, and from time whereof, &c. has beer, and ftill is parcel of the faid lordship, and within the bounds, limits, and titheable places of the fame, and that all and fingular the tithes of corn yearly arifing, increafing, and renewing on and from the faid clofe in which, &c. at the faid time when, &c. were due and payable, and did belong to the faid Henry Allen the im propriator thereof as aforefaid, or his farmers or leffces thereof, to wit, at the parish aforefaid; and the faid Henry Allen being fo impropriator, and feifed of the faid tithes as aforefaid, long before any of the times when, &c. to wit, on the eleventh of November, in the year , at the parish of Stone, in the faid county of Stafford, by a certain indenture then and there made between the faid Henry Allen of the one part, and one Adam Fernihough of the other part (cne part of which faid indenture, fealed with the feal of the faid Henry, the faid defendants now bring here into court, the date whereof is the fame day and year laft aforefaid), for the confiderations therein mentioned, did den:ife, grant, and to farm let unto the faid Adam, amongst other tenements and tithes, the tithes of corn in and from the faid clofe in which, &c, yearly increafing, renewing, and arifing, to have and to hold the fame unto the faid Adam, his heirs, executors, adminiftrators, and affigns, from the twenty-fifth of March then next enfuing for

and