the

faid declaration mentioned there growing and being, and alfo broke and entered the faid clofe of the faid Richard in the faid declaration called the Two Acres under the Elms in the Middle Veer, and the other of the faid clofes of the said 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 refpectively 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, grafs, and corn there growing and being, and with the faid refidue of the faid horfes, mares, and geldings, and with the faid bulls, oxen, cows, and sheep, part of the faid cattle in the faid declaration mentioned, depaftured, eat up, trod down, confumed, and fpoiled other turnips and grafs there growing and being in manner and form as the faid Richard hath above thereof complained against them the faid William and James; without this, that the faid Traverle Charles Marfack, and all those whofe eftate he now has, and at custom fet out. 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 had, and of right ought to have had, and the faid Charles Marfack, being fo feited as laft aforesaid, ftill 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 land, with the appurtenances, whereof the faid Charles Marfack was fo feifed as laft aforefaid in manner following, that is to fay, in, upon, and throughout the faid common field called the West 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, hath been fown with any kind of grain or corn, according to the ufage and courfe of hufbandry 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, 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 laft 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

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 Marfack, with the appurtenances, belonging and appertaining, in manner and form as the faid William and James have above in their faid fixth plea in that behalf alledged; and this he the said Richard is ready to verify; wherefore inalmuch as the faid William and J. have above acknowledged the faid trefpafs in 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 adTo 7th Plea, de judged to him, &c.: And as to the faid plea of the faid William injuria, &c. and James by them seventhly above pleaded in bar as to the faid trespass in the introductory part of that plea mentioned, and above done by the faid William and James, he the faid Richard says, that he ought not to 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, broke and entered the faid clofes of the faid Richard in the faid declaration mentioned called the Acre against Fox Hill, and the Yard upon the Hill, and the faid two closes or pieces or parcels of ground in the faid declaration mentioned to be lying and being difperfedly in the faid common field called Dean Field, and with feet in walking trod down, trampled upon, confumed, and fpoiled the grafs there growing and being, and with the faid cattle in the faid declaration mentioned depaftured, eat up, trod down, confumed, and spoiled other the grafs of the faid Richard there alfo growing and being, in manner and form as the faid Richard hath above thereof complained against them of the faid William and James; without this, that the faid Charles common of paf- Marfack, and all those whofe eftate he hath, and at the faid feveral times when, &c. had in his faid laft-mentioned land, with the ap purtenances, 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 feifed as laft aforefaid, ftill of right ought to have for himself and themfelves, his and their farmers and tenants, occupiers of his faid laft-mentioned land, with the appurtenances, for the time being, common of pafture in, upon, and throughout the faid common field called Dean Field, whereof, &c. (his and their own lands therein only excepted) for all his and their own cattle levant and couchant in and upon the faid laft-mentioned land, with the appurtenances, whereof he was fo feifed as aforefaid, yearly and every year, in manner and form following, to wit, in every year when the faid common field called Dean Field, whereof, &c. or any part thereof, hath been fown with corn or grain, from the time that all the corn and grain fown in the faid common field called Dean Field, whereof, &c. hath been cut down and carried away from thence until the faid common field called Dean Field, whereof, &c. or fome part thereof, hath been refown with grain or corn, and in every year when neither the faid common field called

Travelfe

turc.

called Dean Field, whereof, &c. nor any part thereof, hath been fown with corn or grain, at all times of every fuch year as to the faid laft-mentioned land, with the appurtenances, whereof the faid Charles Marfack was fo feifed as aforesaid, belonging and appertaining, in manner and form as the faid William and James have above in their seventh plea in that behalf alledged; and this he the faid Richard is ready to verify; wherefore inafmuch as the faid W. 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 fuftained on occafion of the committing thereof, to be adjudged to him, &c.: And as to the To the 8th Plea, faid plea of the faid William and James by them eighthly above de injuria, Cs. pleaded in bar as to the faid trefpafs in the introductory part of that plea mentioned, and above done by the faid 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 he fays, that the faid William and James, at the said several times when, &c. of their own wrong, broke and entered the faid closes of the faid Richard in the faid declaration mentioned called the Acre against the Fox Hill, and the Yard upon the Hill, and the faid two clofes or pieces or parcels of ground in the faid declaration mentioned to be lying and being difperfedly in the faid common field called Dean Field in the faid declaration mentioned, and with feet in walking trod down, trampled upon, confumed, and fpoiled the grafs there growing and being, and with the faid horfes, mares, and geldings, bulls, oxen, cows, and fheep, part of the faid cattle in the faid declaration mentioned, there depaftured, eat up, trod down, confumed, and fpoiled other the grafs of the faid Richard there alfo growing and being in manner and form as the faid Richard hath above thereof complained against them the faid William and James; without Travelfe this, that the faid Charles Marfack, and all thofe whofe eftate he custom. hath, and at the faid feveral times when, &c. had in his faid lastmentioned land, with the appurtenances, 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 Charles Marfack, being fo feifed as laft aforefaid, ftill of right ought to have for himself and themfelves, his and their farmers and tenants, occupiers of his faid laft-mentioned land, with the appurtenances, for the time being, common of pasture in, upon, and throughout the faid common field called Dean Field, whereof, &c. (his and their own land therein only excepted) for all his and their commonable cattle levant and couchant in and upon the faid laft-mentioned land, with the appurtenances, whereof he was feifed as aforefaid, yearly and every year, in manner and form following, to wit, in every year when the faid common field called Dean Field, whereof, &c. or any part thereof, hath been fown with corn or grain, from the time that all the corn and grain fown in the faid common field called Dean Field, whereof, &c. hath been cut down and carried away from thence until

of

until the faid common field called Dean Field, whereof, &c. or fome part thereof, hath been refown with grain or corn, and in every year when neither the faid common field called Dean Field, whereof, &c. nor any part thereof, hath been fown with corn or grain, at all times of every year as to the faid laft-mentioned land of the faid Charles Marfack, with the appurtenances, belonging and appertaining, in manner and form as the faid William and James have above in their faid laft plea in that behalf alledged; and this he the faid Richard is ready to verify; wherefore inafmuch as the said William and James have above acknowledged the faid trespass by that plea above pleaded to, he the said Richard prays judgment and his damages, by him fuftained on occafion of New affignment the committing thereof, to be adjudged to him, &c.: And the to all the pleas. faid Richard, as to the faid fecond, third, fourth, fifth, fixth, Bill exhibitednot feventh, and eighth pleas of the faid William and James by them only for tref above pleaded in bar as to the faid trefpaffes in the introductory ed to be jufti- part of thofe pleas refpectively mentioned, and above done by the fied, but for faid William and James, further fays, that he brought this action other trefpaffes and exhibited his aforefaid bill therein against the faid William and at other times, James not only for the faid feveral trefpaffes above by those pleas

paffes attempt

&c.

acknowledged and attempted to be juftified, but also for that the faid William and James, at other times and on other occafions, and for other purposes than in thofe pleas are refpectively mentioned, and alfo out of the fame fuppofed ways in the faid fecond and third pleas refpectively mentioned and thereby alledged to have been affigned and fet out by the faid Richard for and in lieu of the faid ways to which the faid William is by thofe pleas fuppofed to be entitled, and also after the faid common fields called Weft Field and Dean Field in the aforefaid clofes of the faid Richard therein, and in various other parts whereof other than and besides the faid William's own land therein had been refpectively and rightfully refown with corn and grain next after all the corn and grain then laft and rightfully growing in thofe common fields reIpectively had been cut down and carried away from thence refpectively, and before fuch corn and grain fo fown in the faid common fields refpectively had been cut down and carried away from thence, with force and arms, &c. broke and entered the faid feveral clofes in the introductory part of the faid fecond, third, fourth, fifth, fixth, feventh, and eighth pleas refpectively mentioned, and with feet in walking, and by the cattle mentioned in thofe pleas and others, trod down, trampled upon, eat up, confumed, and spoiled the turnips, grafs, and corn of the said Richard there then refpectively growing and being, and with the wheels of the faid carts and other carriages in the faid declaration mentioned tore up, fubverted, damaged, and spoiled the foil in and of those several and respective closes in manner and form as the faid Richard hath above complained against them the faid William and James; which said trefpafies fo above newly affigned are other and different trefpaffes than the faid trefpaffes by the faid William and James in and by their faid fecond, third, fourth, fifth, fixth,

feventh,

feventh, and eighth pleas acknowledged and attempted to be juftified; wherefore inasmuch as the faid William and James have not answered the faid trefpaffes fo newly affigned, he the faid R. prays judgment and his damages, by him fuftained on occafion of the committing thereof, to be adjudged to him, &c.)

G. WOOD.

plea to new af

And the faid William and James, as to the faid plea of the faid Rejoinder and Richard by him above pleaded by way of reply to the faid plea of iffue to the first the faid William and James by them fecondly above pleaded in bar feven pleas, and as to the trefpafs in the introductory part of that plea mentioned, fignment. and by the faid William and James above fuppofed to be done as before, fay, that the faid Richard affigned the faid other way in and through a certain part of the faid clofe called the Two Cloles under the Elms in the Middle Veer, and of the faid clofe 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 said William is fo entitled as a forefaid in manner and form as the faid William and James have above in their faid fecond plea in that behalf alledged; and of this they put themselves upon the country, &c.: And the faid William and James, as to the faid 3d Plea. plea of the faid Richard by him above pleaded by way of reply to the faid plea of the faid William and James by them thirdly above pleaded in bar as to the trefpafs in the introductory part of that plea mentioned, and by the faid William and James above fuppofed to be done as before, fay, that the faid Richard affigued the faid other way in and through a certain other way, part of the faid clofe called the Two Acres under the Elms in the Middle Veer, of the faid two clofes refpectively called the Two Acres in the Middle Veer, and also a certain other part of the said clofe called the Four Acres in the Hitching, and of the faid clofe called the Rod in the Hitching, to be used by the faid William for and in lieu of the faid laft-mentioned way to which the faid William is entitled as aforefaid, in manner and form as the faid William and James have above in their faid third plea in that behalf alledged; and of this they put themselves upon the country, &c. And the faid William and James, as to the faid plea of the faid Richard by him above pleaded by way of reply to the faid plea of the faid William and James by them fourthly above pleaded in bar as to the trefpafs in the introductory part of that plea mentioned, and by the faid William and James above fuppofed to be done, and in which fame replication the faid Richard hath above prayed that the matters therein contained and alledged may be enquired of by the country, fay, that they do the like: And the faid William and James, as to the faid plea of the faid Richard by him above pleaded by way of reply to the faid plea of the faid William and James by them fifthly above pleaded in bar as to the said tref. pals in the introductory part of that plea mentioned, and by the faid William and James above fuppofed to be done as before, fay, that the faid Charles Marfack, and all those whofe eftate he now

4th Plea.

5th Plea.

has,