cation; and every third year throughout the year, and like common in other fields, and in meadows and other parcels of land, from the cutting hay till Purification; if not cut, from Michaelmas to the Purification; and plaintiff incl-fid the field called B. with a ditch, in which he planted live trees, and defendant, to erjoy his common, on the third year broke down the hedges, and cut down the trees, and traverfes being guilty at any other time, &c. And like plea to refidue in the other fields, and that he put his cattle into the meadows, &c. and traverse that he is guilty on any other time than on the times alledged. Replication, that B. is a field by itself, extending, &c. and traverse that it is parcel of the field, and as to other places, replication de injuria, &c, and traverses prefçription, Ra. 623. Vet. Int. 185. That locus, &c. contains one hundred acres of pafture called R. and eighty acres called H, and defendant feifed of eight meffuages, &c. had common in the faid one hundred acres for eight oxen throughout the year, and traverses that he is guilty, with horfes, &c. and had common in faid eighty acres for all cattle levant, &c. from feaft day to feaft day, and traverses that he is guilty after the feaft until the feaft. Replication, that defendant is guilty of the trefpafs with horfes, &c. and after the feat, &c. and does not answer to prefcription of common, Ra, 579. Vet. Int. 154. That defendant holds one hundred acres in the field in which, &c, on the demise of the abbot lord of the manor, and abbot had common in the field after corn cut for two years, until re-fown, and on the third year of fallow ground for the whole year, and that in the year in which, &c. the field ought to lie fallow, and plaintif maliciously to disturb defendant of his common fowed the lands the fame third year. Replication, that the field is feveral foil, and traverse the prescription, Ra. 623. Vet. Ent. 123. Reg. Jud. 83. That defendant and one J. feifed of two furlongs of land had common in one hundred acres, whereof, viz. in the land after corn cut until re-fown, and when it lies fresh throughout the year, and in the pafture and wood throughout the year, Replication, that clofes are feveral foil and freehold, and traverses prefeription, Ra. 622. Vet. Int. 124. That S. feifed of houfes and lands, had common in the clofe till a certain day for all commonable cattle, levant, &c. throughout the year, and that T. feifed of the manor whereof the faid clofe is parcel, demifed the faid clofe to faid $. for years, per quod the common was fufpended (fufpens); the meffuages and land defcended to defendant, who after the term ended put his cattle in the close to ufe the common. Replication, protefting that the clofe never was parcel of the manor; pleads de injuria, &c. and traverfes the prefcription, 3. Br. 418. That S. feifed of mefluages and lands, had common of pefture in the lands in the new affignment for all cattle throughout the year, and another prefcription for eftovers. Replication, de injuria, &c. to each plea, and traverfes both prescriptions, 3 Br. 407. Plea, prefcribes for common of pafture for four hundred fheep. Replication, that de fendant ufed common for five hundred befides the faid one hundred theep, and not guilty thereto, 1. Br. 174. That defendant, feifed of the manor, had common in fixty acres of land, when fown after corn cut, until re-fown, and when they be fresh throughout the year, and land lies fresh, Ra. 625. That defendant, rector of the church, had common in one hundred acres of land every two years following, after corn cut, until re-fown, and every third year throughout the year when they lie fresh, and defendant put his cattle there after the corn carried off, Ra. 624. That rector of the church of W. had common in four hundred acres of land in R. within the parish for one hundred and twenty fheep throughout the year, Rector demifed the rectory for years to S. confirmed by the patron and ordinary, and demifed to B. who demifed to defendant. Replication, de injuria, and traverses the prescription, 3. Br. 433. That bishop, feifed of several manors, had common in parcel of the land and wood for all cattle throughout the year, and plaintiff inclosed the land with pales, which defendant broke and cut, Ra. 625. Vet. Int. 189. That prior feifed of the manor, and T. of another manor adjoining, used to intercommon in the lands, parcels of the manors, per caufe de vicinage, Ra. 625. FALDAGE, Plea (to trefpafs in a piece of land with fheep after a certain day), that the king, feifed of the manor, in right of his Dutchy of Lancaster had pafture and faldage in the fame piece of land and elsewhere for a hundred and twenty theep for the whole year. The king demifed for years to W. who made defendant and others executors; and to trefpafs in another piece of land, that the king feifed of the manor, had pafture called fhack, for all fheep in the fame land, from the time of mowing, till the Annunciation. Replication to each, that plaintiff was feised of lands till the trefpafs, and traverses each prefcription, 3. Br. 437. That defendant, lord of the manor and vill, had faldage there, and that in the county there is a cuftom that the lords fhould throw down the tenant's faldage erected without licence. Replication, de injuria, &c. and traverses cuftom, Ra. 646. Vet. Int. 160. That inhabitants in ancient meffuages of a vill had common for large cattle throughout the year, and for fheep from feaft day to feaft day. Demurrer, 6. Co. 59. 3 Br. 446. That inhabitants of the vill have common in a moor every two years following, from feaft day to feast day, and every third year throughout the year, and plaintif inclofed the moor with a hedge, which defendant broke to enjoy his common. Replication, de injuria and traverfing cuftom, Ra. 624. Several replications de injuria, &c. traverfing prefcription, Ra. 622. 625. Co. Ent. 649. 656. Vet. Int. 189. 3. Br. 409. That plaintiff is feised of land in fee, and that land is several foil, in which defendant de injuria, &c. committed trefpafs, and traverses prefcription, Ra. 625. VOL. Page (4) TURBARY to Dig, &c. (10) 188. Plea (to trefpafs for taking turfs), that A. B. is feifed of a common, and becaufe the turfs had been wrongfully dug, defendant as fervant feized them. 216. Plea, 1ft, General Iffue. 2d prefcribes in common of pafture, and to dig flacks in locus for covering house, and repairing fences, and for neceffary fuel. To the affault, that defendant was poffeffed of a quantity of turfs, which plaintiff endeavoured to take from him. 219. Repli Vol IX. Page 219. 221. Replication, de injuria, &c. traverfes the whole. PLEAS, &c. in Right of Common, &c. And (See Distreffes, Damage Feafant, and Defect of Fences, Poft.) Flea in bar in trefpafs as to part; not guilty to refidue. Plea to trefpafs for fishing in the plaintiff's fishery, that Plea to trefpafs for breaking and entering plaintiff's house, that defendant was feifed in his demefne as of fee of four acres of land, and that he had right of common of pasture in the wafte, and that plaintiff wrongfully and injuriously erected a house, and inclofed part of the wafte, whereby defendant was prevented, &c. REPLICATION, that J. G. being feifed in his demefne as of fee, inclofed the spot and PRECEDENTS is Books of PRACTICE, 2. R. P. C. P. 52. Ibid 434 2. Wilf. 51. 52, 5. T. R. 2, 4. T. R. 473、 4. T. R. 117. approved VOL. Page approved the fame, leaving fufficiency of common, and demifed the fame to plaintiff, Plea to trefpafs, quare clafum fregit, that G. L. feifed of feveral fishery in river A. adjoining to plaintiff's clofe, and juftify as fervants, and prefcribe in a right in G. L. to open and draw nets on plaintiff's clofe. Replication, de injuria, &c. traverse of the prefcription. Rejoinder, taking iffue on the traverse, poftea; writ, fi non omnes. Special verdict, that P. M. being feifed of the manors of B. and A. granted the manor of B. together with the fishery, to G. L. and that queen Elizabeth granted the manor of A. in which the river A. paffes, to E. W. and R. B. and that their eftate by feveral conveyances came to T. P. who demifed to plaintiff; but whether the right of G. L. is extinguished in law by the unity of poffeffion in plaintiff, and judgment for plaintiff, Plea to trefpafs for deftroying plaintiff's wheat by cattle, &c. prescribes in a right of common, and pasture of common for commonable cattle levant and couchant, after the mowing, reaping, and carrying away corn, &c. till the fame fields be refown. Replication, traverfing the prefeription, Plea to trefpafs for chafing fheep, a cuftom of a manor, for the reeve to make a drift and drive off cattle furcharging common, Plea to trefpass for breaking and entering a clofe, part of a waste of a manor, a right of common, and of digging land; and also a custom, that if any perfon has been defirous to approve obtaining the confent of the lord, he might be prefented by the homage of the court baron, and if the homage thought that fuch inclofure would be of no prejudice to any of the tenants, it hath been the cuftom to prefent, and a fine hath been fet and ftated that the homage had not prefented. Replication to the firit plea, a right of approving, leaving fufficiency of common to the laft; a right to inclofe under the ftatute of Merton, and did approve leaving fufficiency That T. feifed of the manor whereof, &c. granted copyheldlands to R. in fee, and defendants, as his fervants, took the cattle damage feafant. Replication, that plaintiff, feifed of meffuages and lands, had common in lands in which, &c. for all large beafts on the tenements levant throughout the year. Rejoinder, protefting that plaintiff had not common for plea, that the cattle were not levant, and iffue, Ro. Ent. 470. That the earl of S. was feifed of the manor of which locus, &c. and one mefluage' are parcel, that the faid meffuages, &c. are copyhold lands, and defcendible by hereditary right called tenant right, from the ancestor to the heir, and that the faid earl granted to them, by copy and cuftom, for every tenant to have common, &c. in the faid four paftures, and there juftifies damage fealant. Demurrer and judgment, that it is repugnant to fay that lands are copyhold and yet defcendible, 2. Lut. 1324. ESTOVERS. ESTOVERS. That plaintiff is lord of the manor, and defendant is copyholder of houses and lands granted to him by copy in fee, that within the manor there is a cuftom, that as often as the me ffuages, &c. of each copyhold were in decay, upon demand in full court to be made for neceffary trees for repairs, the lord of the manor or bailiff ought to allow neceffary trees upon the cuftomary lands of that tenant there growing about fuch repairs, and if he fhould not allow it after demand, then the tenant, on the view of two other tenants, could cut neceffary trees for repairs; defendant made demand in court, and becaufe nobody would allow trees in convenient time, the defendant, on the view of two tenants, cut and carried away the trees. Replication, de injuria, &c. and traverfes the caftom, 2. Bro. 279. Plea (to converting the oaks to his own ufe) non. cul. to refidue, that R. B. was feifed of the manor of S. whofe eftate, &c. the plaintiff had, and a cuftom for the lord to grant customary tenements by writing, fealed, or only figned, &c. grant by R. B. of cuftomary meffuages and lands to defendant by writing figned and fealed during the lives of the lord and tenant, death of the lord, and at the time of the trefpafs an ancient barn, parcel, &c. was in great decay, and defendant, for necesary repairs, rebuilt it, and cut the faid oaks, and fo converted them. Replication, that he applied to rebuild others. Demurrer, 2. Lut. 1390. That plaintiff and his father, feifed of meffuages and lands, demifed to M. for years, which after feveral affignments came to defendant, who cut certain trees for repair of the fences at convenient times, and if any were left for houfebote. Replication, that plaintiff and his father were feifed, that plaintiff furvived his father, and was feifed until the trefpafs, and traverfes demife, 3. Br. 429. That defendant feifed of meffuages, had reasonable eftovers for fuel in the meffpages. Replication, de injuria, &c. Tho. 410. Wi. Ent. 1001. Replication, plaintiff's freehold, and traverses prefcription, Upp. 225. That ancient meffuage in the occupation of defendant was cuftomary and parcel of the manor of B. within which there was a cuftom that every customary tenant of that meffuage used to cut underwood in the lands in the new affignment for neceffary fuel to be burnt within the meffuage, which was granted to S. in fee, who demised to defendant for a year, who took eftovers. Replication, de injuria, &c. and traverses the custom, 2. Bro. 272. Defendant feised of houfes and lands had reasonable eftovers in the wood in the new affignment for repairs and fuel. Replication, plaintiff's freehold, travering prefcription, 2. Bro. 277. That locus, &c. was a waste, in which defendant and all whose eftate had common of pafture and turbary to dig the land and eftovers, viz. that he digs the land, cuts the trees, and depaftures his cattle in ufing the common, 1. Bro. 341. That defendant feiled of a cottage, used to cut heath growing in the clofe in the new affignment, to be burnt in the cottage. Replication, confeffes prescription, and traverses burning the heath in and upon the cottage, Tho. 318. That G. seised of meffuages and lands had for himself and occupiers reasonable eftovers in wood (except trees for inclofing), and being feifed of a cottage had reasonable eftovers for fuel, C. demised to defendant, who took the eftovers, Tho. 327. Replication, de injuria, &c. traverfing each prescription, Tho. 348. Upp. 225. That defendant was cuftomary tenant by tenant right of England, and that within the manor there is a custom for every tenant to cut trees growing for repairs, and because barn and hedges were out of repair, he cut and took the trees, Tho. 329. That defendant was customary tenant of the manor, within which there is a custom that |