ASTHILL against clarke ld raym replevin for take a sheep in the highstreet at  Daventree coke Northamptonshire to wit William clarke the young and Robert  Varnham be summon to answer John Asthill gentle of a plea wherefore they take  one sheep of he the say John and unjust detain the same against gauge and  pledge c and whereupon the say John by Edmund bromwich his attorney complain  that the aforesaid William and Robert on the that day of April in the that  year of the rei n of the lord the now king at Daventree in a certain place  there call the Highstreet take the sheep aforesaid and unjust detain the same  against gauge and pledge until c whereupon he say that he be injure and ha  damage to the Lord Raymond er p value of ten pound and thereupon he bring suit  c pledge to prosecute John do and Richard roe and the say William and Robert  by Thomas prior their attorney come and defend the force and injury when c and  as bailiff of Daniel earl of Nottingham well acknowledge the take of the sheep  aforesaid in the say place in which c and just c because they say that the say  place in which the take of the sheep aforesaid be suppose to be do be the soil  and freehold of he the say Daniel earl of Nottingham and because the sheep  aforesaid at the say time when c be in the say place in which c feed on the  grass there then grow and there do damage to the say earl they the say William  and Robert as bailiff of he the say earl and by his command at the say time  when c well acknowledge the take of the sheep aforesaid in the say place in  which c and just c so do damage there c and the say John Asthill say that the  say William clarke the young and Robert Varnham for the reason before allege  as bailiff of the say Daniel earl of Nottingham ought not to acknowledge the  take of the say sheep of he the say John in the place aforesaid in which c to  be just because be say that long before the say earl of Nottingham have any  thing in the say place in which c Lord Raymond the lady Elizabeth late queen  of England be seize in her demesne as of fee in right of her duchy of  Lancaster of and in the manor of Daventree in the say county of Northampton  with the appurtenance whereof the say place in which c then be parcel and be  so seize thereof she the say queen Elizabeth on the that day of march in the  that year of her reign by her letter patent seal under her great seal of  England bear date at Westminster the say that day of march in the that year of  her reign abovesaid of her special grace for her heir and successor give and  grant t the bailiff burgess and Commons of the borough of Daventree in the  county of Northampton and their successor that they and their successor from  thenceforth for ever shall have and bold and shall be able to have and bold  within the borough aforesaid the precinct and liberty thereof two fair or mar  there to be hold and keep yearly that be to say one fair on Tuesday next after  the Feast of the Passover and continual to last for two day from thence next  follow and one other fair upon the Feast of saint Matthew the apostle and  continual to last for two day from thence next follow together with a court of  piepowder and with all profit and commodity whatsoever forthcoming happen  arise or contingent from such fair or mar and with all liberty and free custom  to such market fair or mar belong or appertain as by the letter patent  aforesaid which the say John bring here into court seal with the great seal of  England more full appear by virtue of which say grant the say bailiff burgess  and commons of the borough of Daventree aforesaid and their successor be seize  and yet be seize as of fee and right in right of their corporation aforesaid  of and in one fair yearly hold in the say place in which c call the highstreet  be within the borough of Daventree aforesaid on Tuesday next after the Feast  of the Passover and continual for two day from thence next follow and of and  in one other fair yearly there hold on the Feast day of saint Matthew the  apostle and continual for two day from thence next follow with liberty and  free custom to such fair belong and the say John further say that at the fair  hold at the say place in which c within the say borough of Daventree aforesaid  on the say that day of April in the that year of the reign of the lord the now  king abovesaid be Tuesday next after the Feast of the Passover last pass he  the say John then and there in the say place in which c call the highstreet  within the say borough of Daventree aforesaid in the full and open fair there  buy of a certain person Lord Raymond unknown the sheep aforesaid and then and  there pay the customary toll Payable for all thing buy in that fair to the  aforesaid bailiff burgess and commons of the borough of Daventree aforesaid  upon which the sheep aforesaid be then and there lawful in the custody of he  the say John they the say William and Robert then take that sheep of he the  say John in the say place in which c in the say fair and have unjust detain it  in manner and form as the say John above complain against they and this the  say John be ready to verify wherefore since the say William and Robert have  above acknowledge the take of Lord Raymond er p the sheep aforesaid he the say  John pray judgement and his damage by reason of the take and unjust detain of  the say sheep to be adjudge to he c and the aforesaid William clarke and  Robert Varnham say that the plea of the say John Asthill above plead in bar of  the cognizance aforesaid be not sufficient in law to preclude they the say  William and Robert as bailiff of the aforesaid Daniel earl of Nottingham from  acknowledge the take of the say sheep in the place aforesaid in which c to be  just and that they have no necessity nor be bind by the law of the land to  answer to that plea in manner and form aforesaid plead and this they be ready  to verify wherefore for want of a sufficient plea of he the say John they the  say William and Robert pray judgement and a return of the sheep aforesaid  together with their damage c to be adjudge to they c and the say John for that  he bath above allege sufficient matter in law for he the say John to have his  say action to be maintain against the say William and Robert which say matter  the say William and Robert do not deny nor answer any thing to the same but  whole refuse to admit the say averment pray judgement and his damage by reason  of the take and unjust detain of the say sheep to be adjudge to he c and  because the justice here will advice themselves of and concern the premise  before they give judgement thereupon day be give to the party aforesaid here  until the morrow of the holy Trinity to hear their judgement thereupon for  that the say justice here be not thereof yet c Lord Raymond hilary term in the  nine year OF king William the three roll