Traverfe

other way.

year and at all times of the year as often as need or occafion required, for the neceffary and convenient cultivation, improvement, and enjoyment of the fame piece of land of the faid Charles Marfack, in manner and form as the faid William and James have above in their fecond plea in that behalf alledged; for replication in this behalf he the faid Richard fays, that the faid William and James, at the faid feveral times when, &c. of their own wrong broke and entered the faid clofes of the faid Richard in the faid declaration mentioned called the Two Acres under the Elms in the Middle Veer, and the faid two clofes refpectively called the Two Acres in the Middle Veer, and with feet in walking trod down, trampled upon, confumed, and fpoiled the turnips, grafs, and corn of the faid Richard in the faid declaration mentioned, there growing and being, and with part of the said horses, mares, and geldings, part of the faid cattle in the faid declaration mentioned, depaftured, eat up, trod down, confumed, and spoiled other the turnips, grafs, and corn of the faid Richard in the faid declaration mentioned there growing and being, and with the wheels of carts, waggons, and other carriages, dug up, tore up, fubverted, and spoiled the foil of the faid Richard in his faid laftmentioned closes, in manner and form as the faid Richard hath above thereof complained against them the faid William and James; of without this, that the faid Richard, before the faid first time when, affignment of an- &c. affigned a certain other way in and through a certain part of the faid clofe under the Elms in the Middle Veer, and of the faid two clofes refpectively called the Two Acres in the Middle Veer, to be used by the faid William for and in lieu of the fame way to which the faid William is by the faid fecond plea in that be half alledged; and this he the faid Richard is ready to verify; where fore inasmuch as the faid William and James have above acknow ledged the faid trefpafs by that plea above pleaded to, he the faid Richard prays judgment and his damages, by him fuftained on occafion of the committing thereof, to be adjudged to him, &c.: To 3d Plea, And as to the faid plea of the faid William and James by them protesting no thirdly above pleaded in bar as to the faid trefpafs in the introducfuch right of tory part of that plea mentioned, and by the faid William and way in the Two James above done, he the faid Richard fays that he ought not to be barred from having and maintaining his aforefaid action thereof against him; because protefting that the faid Charles Marfack, and all those whose eftate he now has, and at the faid several times when, &c. had of and in the faid piece of land called the Two Long Acres in the faid third plea mentioned, with the appurtenances, for the time being, from time whereof the memory of man is not to the contrary have not had, nor been used nor accuftomed to have, nor of right ought to have had, nor ought the faid Charles Marfack ftill of right to have for himself and themfelves, and for his and their farmers and tenants, occupiers of the faid laft-mentioned piece of land called the Two Long Acres, with the appurtenances, for the time being, a certain way from the faid common king's highway at the parish aforefaid, leading

Long Acres,

&c.

from Caversham, in the faid county, to Playhatch, in the faid County, into, through, and over the faid clofe in which, &c. called the Two Acres under the Elms in the Middle Veer, and the faid two clofes in which, &c. refpectively called the Two Acres in the Middle Veer unto the faid laft-mentioned piece of land of the faid Charles Marfack, and from thence fo back again in the fame way to the faid common king's highway at the parish aforefaid, to return, pass, and repass with their fervants, and with their carriages drawn by their horfes every year and at all times of the year, as often as need or occafion required, for the neceffary and convenient cultivation and improvement of the fame piece of land of the faid Charles Marfack in manner and form as the faid William and James have above in their faid third plea in that behalf alledged; for replication in this behalf he the faid Richard fays, that the faid William and James, at the faid feveral times when, &c. of their own wrong broke and entered the faid closes of the faid Richard in the faid declaration mentioned called the Two Acres under the Elms in the Middle Veer, and the faid two clofes refpectively called the Two Acres in the Middle Veer, and the faid clofe called the Four Acres in the Hitching, and one of the faid clofes or parcels of ground of the faid Richard in the faid declaration mentioned there growing and being, and with part of the faid horfes, mares, and geldings, part of the faid cattle in the faid declaration mentioned, depaftured, eat up, trod down, confumed, and spoiled other the grafs and corn of the faid Richard in the faid declaration mentioned there growing and being, and with carts, waggons, and other carriages, dug up, tore up, fubverted, and fpoiled the foil of the faid Richard in his faid laft-mentioned clofes, in manner and form as the faid Richard hath above thereof complained against them the faid William and James; without this, that the faid Richard, before the Traveife of affaid first time when, &c. affigned a certain other way in and through a certain other part of the faid close called the Two Acres under the Elms in the Middle Veer, and of the faid two clofes respectively called the Two Acres in the Middle Veer, and also a certain part of the faid clofe called the Four Acres in the Hitching, and of the faid clofe called the Rod in the Hitching, to be ufed by the faid William for and in lieu of the faid last-mentioned way to which the faid William is by the faid third plea fuppofed to be entitled as aforefaid, in manner and forin as the faid William and James have above in their faid third plea in that behalf alledged; and this he the faid Richard is ready to verify; wherefore inalmuch as the faid William and James have above acknowledged the faid trefpafs by that plea above pleaded to, he the faid Richard prays judgment and his damages, by him sustained on occafion of the committing thereof, to be adjudged to him, &c. : And as to the faid plea of the said William and James by them To 4th Plea, d fourthly above pleaded in bar as to the faid trefpafs in the intro- injuria, Sc. and ductory part of that plea mentioned, and by the faid William and James above done, he the faid Richard fays, that he ought not to

Cc 3

fignment of another way.

be

iffue.

be barred from having and maintaining his aforefaid action thereof against them; because he fays, that the faid William and James, at the faid feveral times when, &c. of their own wrong, and without any fuch caufe as is by them above in that plea alledged, broke and entered the faid clofe of the faid Richard in the faid declaration mentioned called the Two Acres under the Elms in the Middle Veer, and the faid two closes respectively called the Two Acres in the Middle Veer, and the said clofes called the Four Acres in the Hitching, and the faid one of the faid clofes or pieces or parcels of ground of the faid Richard in the faid declaration mentioned to be respectively lying and being difperfedly in the faid large common field called Weft Field, and with feet in walking trod down, trampled upon, consumed, and spoiled the turnips, grafs, and corn of the faid Richard in the faid declaration mentioned there growing and being, and with part of the said horses, mares, and geldings, part of the faid cattle in the faid declaration mentioned, depaftured, eat up, trod down, confumed, and spoiled other the turnips, grafs, and corn of the faid Richard in the faid declaration mentioned there growing and being, and with the wheels of carts, waggons, and other carriages, dug up, tore up, fubverted, and spoiled the foil of the faid Richard in the faid laftmentioned closes, in manner and form as the faid Richard hath above thereof complained against them the faid William and James; and this he prays may be enquired of by the country, To 5th plea, &c. And as to the faid plea of the faid William and James by protesting no them fifthly above pleaded in bar as to the faid trefpafs in the infuch custom (as troductory part of that plea mentioned and above done by the faid fet out) in com William and James, he the faid Richard fays, that he ought not to be barred from having and maintaining his aforefaid action thereof against them; because protesting 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) nath not been tilled, manured, and hufbanded, nor hath been used and accustomed to be tilled, manured, and husbanded, nor yet of right ought to be tilled, manured, and husbanded 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 Jain fallow every fourth or fucceeding year, in manner and form as the faid William and James have above in their faid fifth plea in that behalf alledged; for replication in this behalf he the said Richard fays, that the faid William and James, at the faid feveral times when, &c. of their own wrong broke and entered one of the faid closes of the faid Richard in the faid declaration mentioned called the Two Acres in the Middle Veer, 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 the Curlock, and the Acre in Curlock, and one of the faid clofes or pieces or parcels of ground of the faid Richard in the faid declaration mentioned to be refpectively lying

mon field called

Dean Field.

and

and being difperfedly in the faid large common field called Weft Field, and with feet in walking trod down, trampled upon, confumed, and fpoiled the turnips, grafs, and corn of the faid Richard in the faid declaration mentioned there growing and being, and with the refidue of the faid horfes, mares, and geldings, and with the faid other cattle in the faid declaration mentioned depastured, eat up, trod down, confumed, and fpoiled other turnips, grafs, and corn of the faid Richard in the said declaration mentioned there growing and being, and alfo broke and entered the faid clofe of the faid Richard in the faid declaration mentioned called the Two Acres under the Elms in the Middle Veer, and the other of the faid clofes of the faid Richard in the faid declaration mentioned called the Two Acres in the Middle Veer, and the faid clofes 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 lying and being difperfedly in the faid large common field called Weft Field, and with feet in walking trod down, trampled upon, confumed, and fpoiled the turnips and grafs there growing and being, and with the faid refidue of the faid horfes, mares, and geldings, and with the faid other cattle in the faid declaration mentioned, depaftured, eat up, trod down, confumed, and spoiled other the turnips and grafs there growing and being in manner and form as the faid Richard hath above thereof com

plained against them the faid William and James; without this, Traverfingcom that the faid Charles Marfack, and all thofe whole eftate he now mon of pasture has, and at the faid feveral times when, &c. had of and in his faid in that field. 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 ufed and been accustomed to have, and of right ought to have had, and the faid Charles Marfack, being fo feiled as laft aforefaid, ftill of right ought to have for himfelf and themfelves, his and their tenants and farmers, occupiers of his faid laftmentioned 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 Charles Marfack was to 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 in the refidue thereof only excepted, every year when the faid common field called Weft 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 hufbandry in the faid fifth plea mentioned, 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, whereof, &c. or Lome 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 fame part thereof called the Hitching, hath not been, nor ought to have been fown with corn or grais, but hath

Cc 4

or ought to have lain fallow, according to the ufage and course of husbandry aforefaid, at all times of fuch year, and alfo in, 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 Charles Mar. fack, with the appurtenances, belonging and appertaining, in manner and form as the faid William and James have above in their faid fifth plea in that behalf alledged; and this he the faid Richard is ready to verify; wherefore inafmuch as the faid William and James have above acknowledged the faid trefpafs by that plea above pleaded to, he the faid Richard prays judgment and his da mages, by him fuftained on occafion of the committing thereof, To th Plea, to be adjudged to him, &c. And as to the faid plea of the faid protesting no William and James by them fixthly above pleaded in bar as to the fuch custom, faid trefpafs in the introductory part of that plea mentionel, and ing difperfedly above done by the faid William and James, he the faid Richard in the large com fays, that he ought not to be barred from having and maintaining mon field, and his aforefaid action thereof against them; becaufe proteíting, that defendants de from time whereof the memory of man is not to the contrary, hiinjuria, &C.

c. in lands ly

therto the faid common field called Weft Field, whereof, &c. except the said part thereof called the Hitching, hath not been tilled, manured, and husbanded, nor hath been used nor accustomed to be tilled, manured, and husbanded, nor yet of right ought to be tilled, manured, and husbanded 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, nor hath nor ought to have lain fallow every fourth fucceeding year in manner and form as the faid William and James have above in their faid fixth plea in that behalf alledged; for replication in this behalf he the faid Richard fays, that they the faid William and James, at the faid feveral times when, &c. of their own wrong, broke and entered one of the faid clofes of the faid Richard in that said declaration mentioned called the Two Acres in the Middle Veer, 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, and the Acre in the Curlock, and one of the faid clofes or pieces or parcels of ground of the faid Richard in the faid declaration mentioned to be refpectively lying and being difperfedly in the faid large cominon field called Welt Field, and with feet in walking trod down, trampled upon, confumed, and spoiled the turnips, grafs, and corn of the faid Richard in the faid declara tion mentioned there growing and being, and with the said refidue of the faid horfes, mares, and geldings, and with the faid bulls, oxen, cows, and theep, part of the faid cattle in the faid declaration mentioned, depaftured, eat up, trod down, confumed, and fpoiled other turnips, grafs, and corn of the faid Richard in the