faid county: And the faid William and James further fay, that the faid C. M. and all those whose estates he now hath, and at the faid feveral times when, &c. had of and in his faid laft-mentioned land, with the appurtenances, for the time being, from time whereof the memory of man is not to the contrary, have had, and have used and been accustomed to have, and of right ought to have had, and the faid C. M. being fo feifed as laft aforefaid, ftill of right ought to have for himself and themselves, his and their tenants and farmers, occupiers of his faid last-mentioned land, with the appurtenances, for the time being, common of pafture for all his and their cattle levant and couchant in and upon the faid laft-mentioned land, with the appurtenances, whereof the faid C. M. was fo feifed as laft aforefaid, in manner following, that is to fay, in, upon, and throughout the faid common field called Weft Field, whereof, &c. the faid part thereof called the Hitching, and his and their own land, the refidue thereof only excepted, every year when the faid common Field called Welt Field, whereof, &c. or any part thereof, has been fown with any kind of grain or corn, according to the faid ufage and courfe of husbandry, from the time that the grain and corn in that year growing in the fame common field hath been cut down and carried away from thence until the faid common field called West Field, whereof, &c. or fome part thereof, hath been refown with corn or grain, and in every year when the faid common field called Weft Field, whereof, &c. except the faid part thereof called the Hitching, hath not been, or ought not to have been fown with corn or grain, but hath or ought to have lain fallow, according to the ufage and courfe of husbandry aforefaid, all times of fuch year, and alfo in and upon and throughout the faid part of the faid laft-mentioned common field called the Hitching, his and their own land therein only excepted, every year when the faid common field, or any part thereof, hath been fown with any kind of grain or corn, from the time that the grain and corn in that year growing in the fame common field hath been cut down and carried away from thence until the fame field, or fome part thereof, hath been refown with grain or corn, as to the faid laft-mentioned land of the faid C. M. with the appurtenances, belonging and appertaining: And the faid William and James further fay, that he faid C. M. being fo feifed of and in the faid laft-mentioned land, with the appurtenances, as aforefaid, before the faid first time when, &c. to wit, on, &c. at, &c. demifed the fame, with the appurtenances, to the faid William, to hold the fame to him the faid William from the faid fiith day of, &c. for the space of one whole year then next following, and fo on from year to year for fo long a time as the faid C. M. and the faid William fhould pleafe; by virtue of which faid laft mentioned demife the faid William afterwards, and before the faid first time when, &c. to wit, on, &c. entered into the faid laft-mentioned land, with the appurtenances, and became and was, and from thenceforth hi therto hath been, and ftill is poffefled thereof: And the faid Wil

liam and James further fay, that the faid common field called West Field, whereof, &c. except the faid part thereof called the Hitching, according to the ufage and courfe of hufbandry in that behalf aforefaid during the year from and next after the cutting and carrying away the crop of corn there growing, ought not to have been fown with corn or grain, but ought to have lain fallow during the year from and next after the cutting and carrying away the crop of corn there growing in the year of Our Lord 1785, the fame being the fourth year in that behalf aforefaid, and the faid William being fo poffeffed of the faid laft-mentioned land fo demifed to him as laft aforesaid, he the said William in his own right, and the faid James as his fervant, and by his command during the fame year and time when the fame common field called Weft Field, whereof, &c. except the faid part thereof called the Hitching, ought not to have been fown with grain or corn, but ought to have lain fallow as last aforefaid, that is to fay, at the faid feveral times when, &c. put the said refidue of the faid horses, &c. and the faid other cattle in the faid declaration mentioned, the fame being then the cattle of the faid William levant and couchant in and upon his faid laft-mentioned land, with the appurtenances, into and upon the faid clofe in which, &c. called the Two Acres in the Middle Veer in the introduction to this plea first-mentioned, and the said other closes in which, &c. respectively called the Acre in the Upper Veer, the Half Acre in the Upper Veer, the Hill in Upper Veer, the Yard in Curlock, the Acre in Curlock, and the faid clofe or piece or parcel of ground in the said declaration mentioned to be lying and being difperfedly in the faid large common field called Weft Field, and in the introduction to this plea firft mentioned, to feed and depafture there, and in the other parts of the faid common field called West Field, whereof, &c. except the faid part of the faid common field called the Hitching, and except the faid William's own land in the refidue of the faid common field, and to use his faid common of pafture there, and the faid laft-mentioned cattle at the faid times when, &c. the fame being during the fame year and time when the faid common field called Weft Field, whereof, &c. except the faid part thereof called the Hitching, ought not to have been fown with corn or grain, but ought to have lain fallow as laft aforefaid, were in the faid clofes in which, &c. and in this plea laftly above mentioned, parcel, &c. feeding and depafturing there, and using the faid common of pafture there: And the faid William and James further say, that the faid part of the faid common field called the Hitching was fown with corn in the year of Our Lord 1785, and the faid William being fo poffeffed of the faid laft-mentioned land fo demised to him as laft aforefaid, he the faid William in his own right, and the faid James as his fervant, and by his command after the corn and grain in that year growing in the faid laft-mentioned common field had been cut down and carried away from thence, and before the fame field, or any part thereof, was refown with grain or corn, to wit, at the said 2 several

feveral times when the trefpaffes by this plea juftified, and by the faid declaration fsupposed to have been committed in fuch of the said clofes in which, &c. as were and are part of the faid parcel of the fame common field called the Hitching were done, put the faid refidue of the faid horfes, &c. and the faid other cattle in the faid declaration mentioned, the fame being the cattle of the faid William levant and couchant in and upon the faid laft-mentioned land, with the appurtenances, into and upon the faid close called the Two Acies under the Elms in the Middle Veer, and the said clofe called the Two Acres in the Middle Veer in the introduction to this plea laft mentioned, and the faid clofe called the Four Acres in the Hitching, and the faid clofe called the Rod in the Hitching, to feed and depafture the grafs there, and in the reft of the faid part of the faid laft-mentioned common field called the Hitching (his and their own land only excepted), and to ufe his faid common of pafture there, and the faid last-mentioned cattle at the faid laft-mentioned several times when, &c. the fame being after the corn and grain in the faid laft-mentioned year growing in the faid laft-mentioned common field had been cut down and carried away from thence, and before the fame field, or any part thereof, was refown with corn or grain, were in the faid laft-mentioned clofes in which, &c. parcel, &c. feeding and depafturing the grafs there, and ufing the faid common of pasture there as it was lawful for him to do for the cause in that behalf aforesaid, and the faid William and James info putting the faidlaftmentioned cattle into the faid clofes in which, &c. in this plea mentioned, parcel, &c. as aforefaid for the purpofe aforesaid, did neceffarily and unavoidably with their feet in walking tread down, &c. a little of the turnips and grafs of the laid Richard then growing in the faid clofes in which, &c. in this plea mentioned, parcel, &c. and alfo the corn of the faid Richard then growing in the faid close called the Two Acres in the Middle Veer, in the introduction to this plea first mentioned, and the faid other clofes in which, &c. refpectively called the Acre in the Upper Veer, the Half Acre in the Upper Veer, the Hill in the Upper Veer, the Yard in Curlock, the Acre in Curlock, and the faid clofe or piece or parcel of ground in the faid declaration mentioned to be lying and being difperfedly in the faid large common field called Welt Field, and in the introduction to this plea firft mentioned, doing as little damage there to the faid Richard as on those occafions they poffibly could, which are the fame trefpaffes in the introduction 6th Plea, com- to this plea mentioned; and this, &c.; wherefore, &c. if,&c: And mon of pasture, for further plea in this behalf as to the breaking and entering one and like custom, of the faid clofes of the faid Richard in the faid declaration menwith refidue of horses, bulls, tioned called the Two Acres in the Middle Veer, and the faid &c. in part of other clofes in which, &c. refpectively called the Acre in, &c. &c. and one of the faid clofes or pieces or parcels of ground of tioned common the faid Richard in the faid declaration mentioned, to be refpecHitching. tively lying and being difpertedly in the faid large common field called the Weft Field, and with feet in walking treading, &c. the

the laft men

field called the

turnips,

turnips, grafs, and corn of the faid Richard in the said declaration mentioned there growing and being, and with the said residue of the faid horfes, &c. and with the faid bulls, &c. part of the faid cattle in the faid declaration mentioned, depafturing, eating, &c. other turnips, grafs, and corn of the faid Richard in the faid declaration mentioned there growing and being: And alfo as to the breaking and entering of the faid clofe of the faid Richard in the faid declaration mentioned called the Two Acres under the Elm in the Middle Veer, and the other of the faid closes of the faid Richard in the faid declaration mentioned called the Two Acres in the Middle Veer, and the faid clofe called the Four Acres in the Hitching, and the other of the faid clofes or pieces or parcels of ground in the faid declaration mentioned to be refpectively lying and being difperfedly in the faid large common field called Weft Field, and with feet in walking treading down, &c. the turnips and grafs there growing and being, and with the refidue of the faid horfes, &c. and with the faid bulls, &c. part of the faid cattle in the faid declaration mentioned depafturing, &c. other the turnips and grafs there growing and being above fupposed to have been done by the faid William and James, they the faid William and James, by like leave of, &c. according to, &c. fay (altio non); because they fay, that as well the faid laft-mentioned close in the faid declaration mentioned called the Two Acres in the Middle Veer, and in the introduction to this plea firft mentioned, and the faid other clofes in which, &c. refpectively called, &c. &c. as the faid one piece or parcel of ground of the faid Richard in the faid declaration mentioned to be lying and being difperfedly in the faid common field called Weft Field, and in the introduction to this plea firft mentioned are, and at the said feveral times when, &c. were, and from time whereof the memory of man is not to the contrary, hitherto have been part and parcel of the faid common field called Weft Field, in the faid liberty of Eye and Dunsdon, in the said parish of Sonning Eye, and fituate and being not in but in other parts thereof than in the said part thereof than the part of that common field called the Hitching, and that from time whereof the memory of man is not to the contrary hitherto the faid common field called Weft Field, whereof, &c. except the faid part thereof called the Hitching, hath been tilled, &c. and hath been used and accustomed to be tilled, and yet of right ought to be tilled in fuch manner that the fame in three years fucceffively of every four years of the fame time hath and ought to have been fown with corn or grain, and hath and ought to have lain fallow every fourth year or fucceeding year, and that the faid clofe called the Two Acres under the Elms in the Middle Veer, and the faid clofe called the Two Acres in the Middle Veer in the introduction to this plea laftly mentioned, and the faid clofe called the Four Acres in the Hitching, and the said clofe or piece or parcel of ground in the faid declaration mentioned to be lying and being difperfedly in the faid large common field called Weft Field, in the introduction to this plea laftly mentioned, are

and

and at the faid feveral times when, &c. were, and from time whereof the memory of man is not to the contrary have been parcel of the faid laft-mentioned common field called the Hitching, and that the faid laft-mentioned clofe or piece or parcel of ground in which, &c. in the faid declaration mentioned to be lying and being difperfedly in the fame common field during all the time aforefaid was and is a certain close called the Wod in the Hitching, within and parcel of the faid part thereof called the Hitching, and that long before and at the faid feveral times when, &c. the faid C. M. was, and from thenceforth hitherto hath been and ftill is feifed in his demefne as of fee of and in divers, to wit, one hundred acres of land, lying and being in the faid liberty of Eye and Dunfdon, in the faid parifh of Sonning Eye, in the faid county: And the faid William and James further fay, that the faid C. M. and all those whofe eftate he now has, and at the said feveral times when, &c. had of and in his said laft-mentioned land, with the appurtenances, for the time being, from time whereof the memory of man is not to the contrary, have had and have used, and been accustomed to have, and of right ought to have for himself and themselves, his and their tenants and farmers, occupiers of his faid laft-mentioned land, with the appurtenances, for the time being, common of pafture for all his and their commonable cattle levant and couchant in and upon the faid laft-mentioned lard, with the appurtenances, whereof the faid C. M. was fo feised as laft aforefaid, in manner following, that is to fay, in, upon, and throughout the faid common field called the Weft Field, whereof, &c. the faid part thereof cailed the Hitching, and his and their own lands the refidue thereof only excepted every year when the said common field called Weft Field, whereof, &c. or any part there. of hath been fown with any kind of grain or corn, according to the usage and course of husbandry laft aforefaid, from the time that the grain and corn in that year growing in the fame common field hath been cut down and carried away from thence until the faid field called Weft Field, or some part thereof, hath been refown with grain or corn, and in every year when the faid common field called Weft Field, whereof, &c. except the faid part thereof called the Hitching, hath not been or ought not to have been fown with corn or grain, but hath or ought to have lain fallow according to the courfe and ufage of hufbandry laft aforefaid at all times of fuch year, and alfo, in, upon, and throughout the faid part of the faid common field called the Hitching (his and their own land therein only excepted) every year when the fame common field, or any part thereof, hath been fown with any kind of grain or corn from the time that the grain and corn in that year growing in the fame common field hath been cut down and carried away from thence, until the fame field, or fome part thereof, hath been refown with grain or corn, as to the faid laft-mentioned land of the faid C. M. with the appurtenances, belonging and appertaining: And the faid William and James further lay, that the faid C. M. being fo feifed of and in his faid laftmentioned