them.

wherefore the wherefore the faid defendant, at the faid feveral times when, &c. defendant hot in the faid declaration refpectively mentioned, in order to prevent the faid dogs and bitches from killing the faid hare, and in order to preferve the fame, did then and there within the faid foreft fhoot off and discharge a certain gun at, towards, and against the faid dogs and bitches in the faid declaration mentioned, and did thereby then and there fhoot, ftrike, wound, kill, and destroy the fame, as it was lawful for him to do for the cause aforefaid, which are the fame trefpaffes in the introduction to this plea mentioned, and whereof the faid defendant hath above complained against the faid Verification that defendant: And the faid defendant further faith, that the faid A. B. A. B. is fill is ftill living, to wit, at, &c.; and this, &c. ; wherefore, &c. if, &c.

alive.

Replication to

plea;

fendant was not

keeper.

And the faid plaintiff, as to the faid plea of the faid defendant ft, as by him fecondly above pleaded in bar, fays, that the faid plaintiff to not guilty, if- ought not by any thing in that plea alledged to be barred from fue; 2d, pro- having and maintaining his aforefaid action against the said defendteffing as to its ant; becaufe protefting that the faid plea of the faid defendant fefufficiency; protefting alfo that condly above pleaded in bar is not fufficient in law to bar the faid the king, at the Richard from having and maintaining his aforefaid action thereof time ofthegrant, against him; protesting alfo, that our faid lord the now king, at the was not feifed, time of the making of the faid grant in the faid plea fecondly above &c. and that de- pleaded in bar mentioned, and continually from that time until and at deputy game- the faid feveral times when, &c. and every of them, was not feifed of and in the said forest of W. within the faid county of L. with the ap purtenances in his demefne as of fee in right of the said dutchy of L.: protefting alfo, that the faid defendant, at the faid feveral times in the faid fecond plea in that behalf mentioned, was not the lawful deputy gamekeeper and deputy mafter of the game of deer and all other game within the foreft of W. as in the faid fecond plea above pleaded in bar alledged; protefting alfo, that the said dogs and bitches in the faid declaration refpectively mentioned were not in poffeffion and under the command of the faid plaintiff, as in the faid second plea alledged; protesting alfo, that the faid dogs and bitches were not at the faid feveral refpective times when, &c. within the faid foreft of W. chafing one of the beasts of forest called a hare, belonging to the faid lord the king and to the faid foReplication,that reft there, as is in the fecond plea alledged: For replication in this the king was behalf the faid Richard faith, that true it is that the faid lord the felfed in fee in king, by his faid letters patent in the faid plea of the faid William right of his dut by him fecondly above pleaded in bar, did give and grant unto the foreft, and of a faid A. B. the faid several offices in the faid letters-patent mentionvaccary in the ed, as is in and by the faid plea of the faid defendant fecondly above

chy of L of the

foreft of W.and

granted the fame vaccary by patent to E. and W. in fee, who bargained and fold a purparty to P. in fee, who dying feifed of fame, it defcended to his fon, who granted by leafe and release to the plaintiff's father; that B. and W. by lease and release, conveyed another purparty to W. and F. in fee, who conveyed to H. F. by similar conveyance, who hargained and fold to H. the forest of W. who thereby became feifed of the whole vaccary, on whose death it descended to H. his fon, on whose death it descended to his fon, the grandfather of the plaintiff, on whofe death it defended to N. his fon, the father of plaintiff, who became fcifed, and in right thereof wa hunting when defendant fhot his cops.

pleaded

Letters patert

of

Jac. 1.

pleaded in bar alledged; but the faid plaintiff further faith, that before and at the time of the making of the grant hereinafter mentioned, our late fovereign lord James, then king of England, was feifed of and in the foreft of W. in the county of L. with the appurtenances, being parcel of his faid dutchy of L. in his demefne as of fee in right of the faid dutchy, and of a certain vaccary, with the appurtenances, called Leigh, fituate and being within the faid foreft of W. and parcel of the lands and poffeffions of the faid dutchy; and being fo feifed of the faid foreft and vaccary, the faid late fovereign lord James, then king of England, on, &c in the twentieth year of the reign of the faid late king James at Westminfter, in the county of M. by his letters-patent fealed as well with the great feal of England as with the feals of his faid dutchy and county palatine of Lancaster, bearing date the day and year laft aforefaid, as well for and in confideration of the good, true, faithful, and acceptable fervice to him in many inftances heretofore rendered by his most dear and right trufty coufin and counsellorGeorge marquis of Bucks, then high admiral of England, as, for, and in confideration of the fum of two thoufand pounds of lawful money of Great Britain into the receipt of his exchequer of Westminfter in hand well and truly paid by his beloved fubjects E. B. and W. W. of, &c. wherewith he did acknowledge himself to be fully fatisfied and paid, and the faid E. B. and W, W. their heirs, executors, and adminiftrators, to be thereof by the faid letters-patent for ever acquitted and difcharged of his special grace, and out of his certain knowledge and mere motion at the special inftance, requeft, and appointment of the faid marquis, had given and granted, and by the faid letters-patent for himfelf, his heirs, and fucceffors, did among other manors, farms, meffuages, mills, lands, tenements, vaccaries, paftures, and premifes, with the appurtenances, give and grant unto the faid E. B. and W. W. his heirs and affigns for ever, all that his vaccary, with To B. and W. the appurtenances in W. aforefaid called Leigh, then in the fepa- in fee. rate tenure of divers tenants there by the particulars thereof mentioned to be of the annual rent or value of two pounds fix fhillings and eightpence, all and fingular which premifes in W. aforefaid, by the particulars thereof were mentioned to be in the charge of the mafter forefter of W. and to be parcel of the lands and poffeffions of the faid dutchy of L. with all and fingular his mefluages, mill houses, edifices, buildings, barns, ftables, dove houses, gardens, orchards, lands, tenements, meadows, feedings, woods, paftures, commons, demefne lands, waftes, furze heaths, moors, marthes, woods, underwoods, tithes of corn, grafs, grain, and hay, wool, flax, hemp, and lambs, and all other his tithes whatfoever, as well great as fmall, and alfo oblations, obventions, fruits, and profits, waters, pifcaries, fifhings, fuits, fokes, mulctures, warrens, mines, quarries, rents, refervations, fervices, rent charges, rent feck, and rents and fervices as well of free as cuftomary tenants, work farms, fee farms, annuities, knight's fees, wards, marriages, efcheats, reliefs, heriots, fines, amerciaments, court leets, view of frankpledges appertaining, cattle waived, or

F 3

eftrays

eftrays, natives both male and female, and villains, with their fequels, eftovers, and common of eftovers, fairs, markets, tolls, tollages, cuftoms, rights, jurifdictions, franchifes, liberties, privileges, profits, commodities, advantages, emoluments, and hereditaments whatsoever, with all their appurtenances of what kind, nature, or fort whatfoever, or by whatsoever name or names called, named, or known, fituate, lying, and being forthcoming, or growing or renewing within the towns, fields, parishes, or hamlets mentioned in the faid letters-patent, or in or within any or either of them, or elsewhere foever to the aforefaid manors, farms, mefiuages, mills, lands, tenements, vaccaries, paftures, and other the premises by the faid letters patent before granted, or to any or either of them, in any wife belonging, appertaining, incident, or appendant, or as members. parts, or parcels of the faid manors, &c. by the faid letters-patent before granted, or any oreither of them, had been known, accepted, occupied, ufed, or reputed: And further the faid fovereign lord James, then king of England, of his more ample fpecial grace, and of his certain knowledge and mere motion had for the confiderations therein mentioned given and granted, and did by the faid letters-patent for himfelf, his heirs and fucceffors, give and grant to the aforefaid E. B. and W. W. their heirs and affigns, that they might from thenceforth have, hold, and enjoy, and fhould and might have, hold, and enjoy within the premises by the faid letters-patent before granted, and within every part and parcel thereof, as many as the fame fort of, and the like court leets, views of frankpledges, law days, affize, affay of bread, wine, and beer, chattels waived, eftrays, chattels of felons and fugitive felons of themselves and of thofe put in exigent, deodands, fees of knights, wards, marriages, efcheats, reliefs, heriots, free warrens, and all other rights, jurifdictions, franchifes, liberties, cuftoms, privileges, profits, commodities, advantages, emoluments, and hereditaments whatfoever, as many as great, fuch, and as fully, freely, and wholly, and in as ample manner and form as the faid late fovereign king James, or any other or others of his progenitors or ancestors, or any earl or duke of Lancaster, or abbot or abbots, prior or priors of any late monafteries or priories, or of any late monaftery or priory or any chaplain or charter, or any other perfon or perfons thereto. fore having poffeffed or being feifed of the aforefaid manors, farms, meffuages, lands, tenements, mills, vaccaries, paitures, and other the premifes by the faid letters patent before granted, or any part or parcel thereof had had or enjoyed, or to have held, ufed, or enjoyed in the premifes by the faid letters-patent before granted, or on any parcel thereof, by reafon or pretence of any charter, gift, grant, or confirmation by the faid fovereign lord king James, or any of his progenitors or ancestors heretofore had, made, granted, or confirmed, or by reafon or pretence of any lawful prefcription, ufe, or custom heretofore had or ufed, or by any other lawful means, right, or title whatfoever, and as fully, freely, and wholly, and in as ample manner and form as the faid late fovereign king James, or any of his progenitors or ancestors had had or enjoyed, or thould have had and enjoyed the aforefaid manors, &c. of all and fingular

other

other the premises by the faid letters-patent before granted, and each of them, or any part or parcel thereof, the faid late fovereign king James did further give, and did by the faid letters patent for himself, his heirs and fucceffors, grant to the aforefaid E. B. and W. W. their heirs and affigns, the aforefaid manors, farms, meffuages, lands, tenements, mills, vaccaries, paftures, and all and fingular other the premises by the faid lette s-patent before granted, with all their appurtenances, as fully, freely, and wholly, and in as ample manner and form as all and fingular the faid premises by the faid letters-patent granted, or in any parcel thereof, came or ought to have come to the hands of the faid late fovereign king James, or to the hands of any of his progenitors or ancestors, late kings and queens of England, or any or either of them, by reafon or pretence of the diffolution or furrender of any late monafteries, priories, or chauntries, or late monaftery, priory, or chauntry, or by reafon or pretence of any exchange or purchase, or of any gift or grant, or of any attainder or forfeiture, or by reafon or pretence of any act or acts of parliament, or by reafon of any efcheating, or by any other lawful means, right, or title whatfoever, and then were or ought to have been in the hands of the faid late fovereign king James, to have, hold, and enjoy the faid Habendum. manors, &c. and all and fingular other the premifes in the faid letters-patent expreffed and fpecified, and by them before granted, with all their rights, members, and appurtenances, and the remainder and remainders, reverfion and reverfions whatfoever of all and fingular the premifes and of each of them, and the rents and yearly profits whatfoever referved upon any demife or grant, demifes or grants of the premises whatsoever, or of any parcel thereof theretofore made or granted to the aforefaid E. B. and W. W. their heirs and affigns, to the fole and only proper ufe and behoof

the county of

of the faid E. B. and W. W. their heirs and affigns, in fee farm In fee farm for for ever, to hold the aforefaid manors, &c. and all and fingular other ever. the premises by the faid letters-patent before granted, with all their appurtenances of the lord king James, his heirs and fucceffors, as As of the king's of his manor of Enfield, in his county of Middlefex, by fealty manor of E. in only in fee and common focage, and not in capite, nor by knight's M. fervice, yielding and paying to the faid lord the king James, his Reddendum heirs and fucceffors, for the aforefaid vaccary called Leigh, with the appurtenances, two pounds fix fhillings and eightpence of law- 21. 6s. 84. for ful money of England, by the hands of the receiver general of the the vacary. faid dutchy of L. of the faid fovereign lord king James, his heirs or fucceffors, or his deputy for the time being, or by the hands of any particular receiver or bailiffs for the time being at the feast of, &c. by equal portions yearly for ever, in lieu of all rents, fervices, exactions, and demands whatsoever to be paid, done, and performed to the faid lord king James, his heirs and fucceffors; by virtue of which faid laft-mentioned letters-patent the faid E. B. and By virtue of W. W. then and there entered into the faid vaccary called Leigh, patent E. B. and W. W. entered on the vaccary called Leigh, and were seised, &c, and being fo by bargain and fale conveyed a purparty thereof to W. P. F 4

with

which letters

to W. P.

with the appurtenances in the faid laft-mentioned letters-patent mentioned, and became and were seised thereof in their demesne as of fee, and being fo feifed thereof the faid E. B. and W. W. before the faid time when, &c. that is to fay, on, &c. in the twenty-first year of the reign of his faid late majefty king James, late king of Bargain and fale England, at, &c. in, &c. by a certain indenture of bargain and fale then and there made between the faid E. B. and W.W. of the one part, and one W. P. of the other part (one part of which faid indenture, fealed with the feals of the faid E. B. and W. W. the faid Richard brings here into court, bearing date the day and year in that behalf above-mentioned) the faid E. B. and W. W. in confideration of a certain competent fum of good and lawful money of England, to them beforehand by the faid W. P. well and truly paid, whercof the faid E. B. and W.W. confessed themselves to be fully fatisfied and paid, and the faid W. P. his heirs, executors, and adminiftrators, and every of them to be acquitted and exonerated for ever, by the faid indenture did grant, bargain, fell, enfeoff, and confirm unto the faid W. P. his heirs and affigns in fee farm for ever, all that part, purparty, portion, and parcel of a certain vaccary within the foreft of W. in the county of L. called Leigh, then or late in the tenure of the faid W. P. and his affigns, of the annual rent of one pound three fhillings and four pence, late parcel of the lands and poffeffions of the dutchy of L. being in the faid county of L. and all and fingular meffuages, mills, houfes, edifices, buildings, granaries, barns, ftables, dove cots, orchards, gardens, lands, tenements, meadows, paftures, common of pafture, waftes, heaths, moors, marfhes, meffuages, ways, waters, fisheries, woods, underwoods and trees, and the ground and foil of the faid woods, and underwoods and trees, and every of them, and every parcel thereof, and all and fingular mines, quarries, rents, reverfions, and fervices, farms, fee farms, annuities, cuftoms, jurifdictions, franchifes, liberties, privileges, enjoyments, commodities, advantages, emoluments, and hereditaments whatfoever, with all their appurtenances of whatfoever kind, or nature, or fort, or by whatfoever name or names they might be known, reputed, called, or named, fituate, lying, coming, growing, renewing, or arifing within the fields, places, parithes, hamlets, or foreft aforefaid, or within any of them, or wherefoever elfe to the faid premifes by the faid indenture granted, bargained, and fold, or to any part or parcel thereof, in any manner belonging or appertaining, or as members, parts, or parcels of the faid premifes now or ever before had known, accepted, occupied, or reputed to be as fully, freely, and wholly, and in as ample manner and form as the faid lord the then king James by his faid letters patent as well under his great feal of England, as under the feal of the county palatine of L. and the feal of the faid dutchy of L. bearing date at Westminster, the twenty-first day of March, in the twentieth year of his reign, had given and granted the faid premifes with the appurte nances in the faid indenture mentioned and fpecified, amongst

other