6th Plea.

has, 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 con trary, 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 himfelf and themfelves, and his and their tenants and farmers, occupiers of his faid laft-mentioned land, with the appurtenances, for the time being, common of pasture 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 fo feised 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 W. F. whereof, &c. or any part thereof, has been fown with any kind of grain or corn, according to the ufage and courfe of hufbandry in the faid fifth plea mentioned, from the time that the grain or corn in that year growing in the fame common field called Weft Field, whereof, &c. or fome 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 ufage and courfe 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 faid 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 said laft-mentioned land of the faid Charles Marfack, with the appurtenances, belonging and appertaining, în manner and form as the faid William and James have above in their faid fifth plea in that behalf alledged; and of this they put themselves upon the country: 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 fixthly 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 Charles Marfack, and all thofe whofe eftate he now has, 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 had, and of right ought to have had, and the faid Charles Marfack, being fo feiled as laft aforelaid, ftill of right ought to have for himself and them

themfelves, his and their tenants and farmers, occupiers of his faid laft-mentioned land, with the appurtenances, for the time being, common of pafture for his and their commonable cattle levant and couchant in and upon the faid laft-mentioned land, with the appurtenances, whereof the faid Charles was fo feifed 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 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 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, whereof, &c. or fome 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 ufage and courfe of hufbandry 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 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 last-mentioned land of the faid Charles Marfack, with the appurtenances, belonging and appertaining, in manner and form as the faid William and James in their fixth plea in that behalf alledged; and of this they put themfelves upon the country, &c.: And the faid 7th Plea, 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 feventhly 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 Charles Marfack, and all those whofe eftate he hath, and at the said several times when, &c. had in his faid laft-mentioned land, with the appurtenances, from time whereof the memory of man is not to the contrary, and have ufed and been accustomed to have had, and the faid Charles Marfack, being fo feised as last aforefaid, ftill of right ought to have for himfelf and themselves, 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 land therein only excepted) for all his and their own cattle levant and couchant in and upon the faid

laft

8th Plea.

9th Plea.

First plea to new

affignment.

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 sown 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 Dean Field, whereof, &c. nor any part thereof, hath been fown with corn and grain at all times of every fuch year, as to the faid laft-mentioned land, with the appurte nances, whereof the faid Charles Marfack was fo feifed as aforefaid, belonging and appertaining, in manner and form as the faid William and James have above in their faid seventh plea in that behalf alledged; and of this they put themselves upon the country: 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 eighthly above pleaded in bar as to the trefpafs in the introductory part of that plea mentioned, and by the faid William and James above supposed to be done as before, fay, that the faid Charles Maríack, and all thofe whofe eftate he hath, and at the faid feveral times when, &c. had in his faid last-mentioned land, with the appurtenances, from time whereof the memory of man is not to the contrary, have had and have used and been accuftomed to have, and of right ought to have had, and the faid Charles Marfack being fo feised as laft aforefaid, ftill of right ought to have for himself and themselves, 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 land therein only excepted) for all his and their commonable cattle levant and couchant in and upon the faid last-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 Dean Field, whereof, &c. or any part thereof, hath been fown with corn or grain at all times of every fuch 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 of this they put themselves upon the country, &c.: And the said William and James, as to the faid fup

pofed

been cut, &c.

pofed trespass above newly affigned, fay, that they are not guilty Not guilty. thereof in manner and form as the faid Richard hath above in pleading alledged; and of this they put themfelves upon the country, &c. And for further plea in this behalf as to breaking 2d, Custom to and entering the faid clofes of the said Richard in the faid declara- have common of pafture tion mentioned called the Acre against 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 refpectively lying and being difperfedly in the faid common field called Dean Field, and with feet in walking, and by the cattle in the faid new affignment mentioned treading down, trampling upon, eating up, confuming, and fpoiling other the turnips, grafs, and corn of the faid Richard there then refpectively growing and being, above newly affigned, and above fuppofed to have been done by the faid William and James, they the faid William and James, by leave of the court here for this purpose first had and obtained, according to the form of the statute in fuch case made and provided, fay, that the faid Richard ought not to have or maintain his aforefaid action thereof against them; because they fay, that as well the faid clofes from a certain in the faid declaration mentioned called the Acre against Fox time till corn has Hill and the Yard upon the Hill, as the faid clofes or pieces or par- and hained up cels of ground of the faid Richard in the faid declaration mentioned, or fenced off to to be respectively lying and being difperfedly in the faid common prevent cattle field called Dean Field, are, and at the faid feveral times when, efcaping, &c. &c. above newly affigned, 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 Dean Field, fituate, lying, and being in the faid liberty of Eye and Dunfdon, in the faid parifh of Sonning Eye, in the faid county of Oxford, and that long before and at the faid feveral times when, &c. the faid Charles Marfack was, and from thenceforth hitherto hath been, and still is feised in his demefne as of fee of and in divers, to wit, one hundred acres of land, with the appurtenances, lying and being in the faid liberty of Eye and Dunfdon, in the faid parish of Sonning Eye, in the faid county, and the faid William and James further fay, that the faid Charles Marfack, and all those whofe eftate he now has, and at the said several times when, &c. had of and in his faid laft-mentioned 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 last aforefaid still 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 pasture for his and their 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 yearly and every year in manner following, that is to fay, in, upon, and throughout the faid common field called Dean Field, whereof, &c. or any part thereof, hath been fown with corn or VOL. IX.

Dd

grain

Que eftate,

grain from the time that all the corn or grain fown in the faid common field called Dean Field, whereof, &c. hath been cut down and carried away from thence until the time that fome part of the faid common field called Dean Field, whereof, &c. other than his and their own land therein (after fuch part thereof hath been refown with corn or grain, and before the faid corn or grain so refown, or any part thereof, hath been cut down, hath been hained up or fenced off to prevent fuch cattle lawfully being in any other parts of the faid common field called Dean Field, whereof, &c. from ftraying and efcaping into the faid part so hained up or fenced off as aforefaid, and from that time in, upon, and throughout fuch refpective parts of the faid common field called Dean Field, whereof, &c. as afterwards have remained for any time not hained up or fenced off as aforefaid, his and their own land therein only excepted, until the fame (except as last aforefaid) have refpectively been fo hained up or fenced off as aforefaid, after the fame (except as laft aforefaid) have been respectively resown with corn or grain fo refown, or any part thereof, hath been cut down, and in every year when neither the faid common field called Dean Field, whereof, &c. or any part thereof, hath been fown with corn or grain then in, upon, and throughout the faid common field called Dean Field, whereof, &c. (his and their own land therein only excepted) at all times of every fuch year as to the faid laft-mentioned lands, with the appurtenances, whereof the faid Charles Maríack was fo feifed as laft aforefaid, belonging and appertaining: And the faid William and James further fay, that the faid Charles Marfack, being fo feifed of and in his faid laft-mentioned land, with the appurtenances as aforefaid, before the faid first time when, &c. to wit, on the fifth day of April, in the year of Our Lord 1785, at the parish of Sonning Eye aforesaid, in the county aforefaid, demifed the fame, with the appurtenances, to the faid William, to hold the fame to him the faid William from the faid fifth day of April in the year laft aforefaid for the space of one whole year then next following, and fo on from year to year for fo long time as the faid Charles Marfack and the said 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 the fixth day of April, in the year laft aforefaid, entered into the faid laft-mentioned land, with the appurtenances, and became and was, and from thenceforth hitherto hath been, and still is poffeffed thereof: And the faid William and James further say, that the faid William being fo poffeffed thereof as aforefaid at the faid feveral times when, &c. all the corn and grain then laft growing in the faid common field called Dean Field, whereof, &c. being cut down and carried away from thence, and the faid clofes in which, &c. in the introduction to this plea mentioned afterwards, not being nor having been, nor any part thereof been or having been hained up or fenced off as aforefaid at the faid feveral times when, &c. or any of them, he the faid William in his own right, and the faid James his fervant, and by his command at the fand te