case peer against lucy Trinity term will mary roll for fish in his several  fishery Warwick to wit be it remember that heretofore to wit in the term of  easter last pass before the lord the king and lady the queen at Westminster  come Thomas peer esquire by John lily his attorney and bring into the court of  the say lord the king and lady the queen then there his certain bill against  George Lucy esquire Edmund Lord John waterman John dickens John hawk junior  and Richard Perkins in the custody of the marshal c of a plea of trespass and  there be pledge of prosecute to wit John do and Richard roe which say bill  follow in these word Warwick to wit Thomas peer Esq complain of George Lucy  Esq Edmund Lord John waterman John dickens John hawk the young and Richard  Perkins in the custody of the marshal c for this that they on the seventeenth  day of April in the six year of the reign of the Lord and lady William and  mary now king and queen of England c with force and arm c the close of he the  say Thomas peer call cliff bank at the parish of Alverston in the county of  Warwick aforesaid do break and enter and the grass of he the say Thomas peer  in the same close then grow to the value of forty shilling with their foot by  walk do tread down and consume and likewise for this that they afterward to  wit the same day and year abovesaid at d in the county aforesaid and at  diverse other day and time between the say seventeenth day of April and the  first day of June then next follow with force and arm c in the several fishery  of he the say Thomas peer in the river of Avon in the parish of Alveston  aforesaid in the county aforesaid do fish and from his fishery aforesaid to  wit tell thousand roaches ten thousand dace and twenty thousand gudgeon to the  value of one hundred pound then and at the several time aforesaid there find  do take and carry away and other outrage on he do then and there commit  against the peace of the say lord and lady the now king and queen and to the  damage of he the say Thomas peer two hundred pound z and therefore he produce  the suit c and now at this day to wit on Friday next after the morrow of the  holy Trinity in this same term until which day the say George Lucy Edmund Lord  John waterman John dickens John hawk and Richard Perkins have leave to imparl  to the bill aforesaid and then to answer c before the lord the king and lady  the queen at Westminster come as well the aforesaid Thomas by his attorney  aforesaid as the aforesaid George Lucy Edmund Lord John waterman John dickens  John hawk and Richard Perkins by Charles ballet their attorney and the say  George Lucy Edmund Lord John waterman John dickens John hawk and Richard  Perkins defend the force and injury when c and as to the force and arm or any  thing that be against the peace of the say lord and lady the now king and  queen and also the whole trespass aforesaid except the break and entry of the  close aforesaid and the tread down and consumption of the grass aforesaid with  their foot by walk in the declaration aforesaid above suppose to be commit say  that they be not guilty thereof and of this they put themselves on the country  and the say Thomas thereof likewise c and as to the break and entry of the  close aforesaid and the tread down and consumption of the grass aforesaid with  their foot by walk the same George Edmund John John John and Richard say that  the say Thomas ought not to have or maintain his action aforesaid thereof  against they because they say that long before the say time when that trespass  be suppose to be commit to wit on the first day of December in the three year  of the reign of the Lord Edward the six late king of England c John earl of  Warwick be seize of and in the manor of bishop Hampton with the appurtenance  in the say county of Warwick whereof one acre of land cover with water in the  parish of Alveston aforesaid in the county aforesaid next and contiguous  adjoin to the say close in which the trespass aforesaid be suppose to be  commit be and at the say time when c and also for time immemorial be parcel in  his demesne as of fee and that the say late king Edward the six then modern er  p be seize of and in the close aforesaid in which c in his demesne as of fee  in the right of his crown of England and that the say earl of the manor  aforesaid with the appurtenance whereof c so as aforesaid be seize the same  earl and all they who estate the same earl then have of and in the manor  aforesaid with the appurtenance whereof c have for time immemorial be use and  accustom to have the necessary easement follow for the catch of the fish be in  the water aforesaid to wit by themselves and their servant from time to time  and at all seasonable time of fish in the water aforesaid at their will into  the close aforesaid in which c to enter and the net and other engine necessary  for the catch of the fish be in that water there near the bank of the water  aforesaid to open and into the water aforesaid to throw and in that water and  out of that water to draw for the necessary catch of the fish be in the water  aforesaid and the say late king Edward the six of the say close in which c so  as aforesaid be seize and the say earl of Warwick of the say manor with the  appurtenance whereof c in form aforesaid be seize the same earl afterward and  before the say time when c to wit on the twenty day of December in the three  year of the reign of the say late king at Westminster in the county of  Middlesex by his certain indenture make between he the say earl of the one  part and the say late king of the other part seal with the seal of the say  earl and remain enrol on record in the court of chancery of the say lord and  lady the now king and queen at Westminster in the county of Middlesex  aforesaid the date whereof be the same day and year do grant to the say late  king among other thing the manor aforesaid with the appurtenance whereof c to  have and to bold that manor with the appurtenance whereof c to the same late  king his heir and successor for ever by virtue whereof the say late king into  the say manor with the appurtenance whereof c enter and be thereof seize in  his demesne as of fee in the right of his crown of England and the say late  king Edward the six be so thereof and of the say close in which c seize  afterward and long before the say time when c at the parish of Alveston  aforesaid die so thereof seize by who death the say manor with the  appurtenance whereof c and the close aforesaid in which c descend to the lady  mary late queen of England c as sister and heir of the say late king Edward  the six whereby the same late queen mary into the say manor with the  appurtenance whereof c and into the say close in which c enter and be thereof  seize in her demesne as of fee in the right of her crown of England and so be  thereof seize the same late queen mary long before the say time when e at the  parish of Alveston aforesaid take to husband Philip then king of Spain whereby  the same Philip as king of England in the right of the say late queen and the  same late queen be seize of and in the manor aforesaid with the appurtenance  whereof c and the say close in which c in their demesne as of fee in the right  of their crown of England and so be thereof seize they the same late king  Philip and the late queen mary afterward and before the say time when c to wit  on the twelve day of June in the three and four year of their reign at  Westminster aforesaid in the county of Middlesex aforesaid by their letter  patent seal under the great seal of England bear date at Westminster aforesaid  the same day and year which the say defendant here in court produce grant to  one Thomas Lucy Esq among other thing the say manor with the appurtenance  whereof c and all and singular way commodity emolument and hereditament in the  say parish of bishop Hampton in the say county of Warwick and elsewhere  wheresoever in the same county to the say manor of bishop Hampton whereof c or  any parcel thereof howsoever belong or appertain or as member part or parcel  of the same manor whereof c have know accept use repute demise or occupy or  with the same or any part thereof use or enjoy as full free and entire and in  as ample manner and form as any person whatever then before ever have hold or  enjoy or ought to have hold or enjoy the manor aforesaid with the appurtenance  whereof c to have and to hold to the say Thomas Lucy his heir and assign for  ever by virtue whereof the same Thomas Lucy into the say manor with the  appurtenance whereof c afterward and long before the say time when e enter and  be thereof seize in his demesne as of fee and the say Thomas Lucy of the manor  aforesaid with the modern er p appurtenance whereof c be as aforesaid seize  the say Thomas afterward and long before the say time when c at the parish of  Alveston aforesaid die so thereof seize by who death the manor aforesaid with  the appurtenance whereof c descend to one Robert Lucy whereby the same Robert  afterward and long before the say time when c into the manor aforesaid with  the appurtenance whereof c enter and be thereof seize in his demesne as of fee  and the same Robert so of the manor aforesaid with the appurtenance whereof e  be seize the same Robert afterward and long before the say time when c at the  parish of Alveston aforesaid die so thereof seize without issue male from his  body issue by who death the manor aforesaid with the appurtenance whereof c  descend to one Bridget Lucy as only daughter and heir of the say Robert Lucy  whereby the same Bridget afterward and long before the say time when c into  the manor aforesaid with the appurtenance whereof c enter and be thereof seize  in her demesne as of fee and the say Bridget so of the manor aforesaid with  the appurtenance whereof c be seize the same Bridget afterward and long before  the say time when c thereof feoff one Richard Lucy the uncle of her the say  Bridget to have and to bold to the same Richard his heir and assign for ever  whereby the same Richard be seize of the manor aforesaid with the appurtenance  whereof c in his demesne as of fee and the say Richard Lucy be so thereof  seize the same Richard afterward and long before the say time c at the parish  of Alveston aforesaid die so thereof seize by who death the manor aforesaid  with the appurtenance whereof c descend to one Thomas Lucy Esq as son and heir  of the say Richard Lucy whereby the same Thomas Lucy afterward and long before  the say time when c into the manor aforesaid with the appurtenance whereof c  enter and be thereof seize in his demesne as of fee and the say Thomas Lucy be  so thereof seize the same Thomas Lucy afterward and long before the say time  when c to wit the day of in the year in due form of law make his last will and  testament in write and by the same devise the manor aforesaid with the  appurtenance whereof c to John mordant Robert Wheatley and Edward Willee  gentle their heir and assign for ever and afterward and long before the say  time when c the same Thomas Lucy at the parish of Alveston aforesaid die so as  aforesaid seize after who death and long before the say time when c the say  John mordant Robert Wheatley and Edward Willee by virtue of the devise  aforesaid into the manor aforesaid with the appurtenance whereof c enter and  be thereof seize in their demesne as of fee and the say John mordant Robert  Wheatley and Edward Willee be so thereof seize the same John mordant Robert  Wheatley and Edward Willee afterward and long before the say time when c to  wit on the day of in the year thereof feoff one davenport Lucy Esq to have and  to hold to the same davenport his heir and assign for ever by virtue whereof  the same davenport be seize of the manor aforesaid with the appurtenance  whereof c in his demesne as of fee and the say davenport be so thereof seize  the same davenport afterward and long before the say time when c at the parish  of Alveston aforesaid die so thereof seize without any issue of his body issue  by who death the manor aforesaid with the appurtenance whereof c descend to  the say George Lucy as brother and heir to the say davenport whereby the same  George afterward and before the say time when c into the manor aforesaid with  the appurtenance whereof c enter and be and yet be thereof seize in his  demesne as of fee wherefore the same George in his own right and the say  George Edmund John John John and Richard as servant of the say George and by  his command at the say time when c be a seasonable time of fish in the water  aforesaid into the say close in which c near the batik of the water aforesaid  enter and there the net of the say George for the necessary catch of the fish  be in that water open and into the water aforesaid throw and in that water and  out of that water draw and thereby the grass aforesaid in the same close then  grow with their foot by walk tread down and consume do as little damage there  as they can as they lawful may which be the same break and entry of the close  aforesaid in which c and the tread down and consumption of the grass aforesaid  there with their foot by walk whereof the say Thomas peer above thereof  against they complain and this c Edward Northey modern er p and the say Thomas  as to the say plea of they the say George Edmund John John John and Richard as  to the break and entry of the close aforesaid and the tread down and  consumption of the grass aforesaid with their foot by walk in manner and form  above in plead allege say that he by any thing by the say George Edmund John  John John and Richard above in plead allege ought not to be preclude from have  his action aforesaid thereof against they because by protest that the say  George Lucy be not seize of the say one acre of land cover with water in the  parish of Alveston aforesaid in the county aforesaid in his demesne as of fee  and protest likewise that the easement aforesaid in the plea aforesaid  abovementioned be not a necessary easement for the catch of fish in the water  aforesaid for plea nevertheless the same Thomas say that the plea aforesaid by  the say George Edmund John John John and Richard in manner and form aforesaid  above plead and the matter in the same contain be not sufficient in law to  preclude he the say Thomas from have his action aforesaid against they the say  George Edmund John John John and Richard and that he to that plea in manner  and form aforesaid plead have no necessity nor be by the law of the land  oblige in any manner to answer and this he be ready to verify wherefore for  want of a sufficient answer in this behalf the same Thomas pray judgement and  his damage by reason of that trespass to be adjudge to he c n wright and the  say George Edmund John John John and Richard say that the plea aforesaid as to  the break and entry of the close aforesaid and the tread down and consumption  of the grass aforesaid with their foot by walk by they the say George Edmund  John John John and Richard in manner and form aforesaid above in plead allege  and the matter in the same contain be good and sufficient in law to preclude  the say Thomas from have his action aforesaid against they the say George  Edmund John John John and Richard which say plea and the matter in the same  contain the same George Edmund John John John and Richard be ready to verify  and prove as the court c and because the say Thomas to that plea do not answer  nor hitherto in anywise deny it the same George Edmund John John John and  Richard as before pray judgement and that the say t may be preclude from have  his action aforesaid against they the say George Edmund John John John and  Richard c but because the court of the lord and lady the king and queen now  here be not yet advice to give their judgement of and upon the premise whereof  the party aforesaid have above put themselves on the judgement of the court  day therefore be give to the party aforesaid before the lord and lady the king  and queen at Westminster until day next after to hear their judgement of and  upon those premise because the court of the lord and lady the king and queen  now here thereof not yet c and as well to try the issue aforesaid between the  party aforesaid above join to be try by the country as to inquire what damage  the same Thomas have sustain by reason of the trespass aforesaid whereof the  party aforesaid have above put themselves on the judgement of the court if  judgement happen to be thereon give for the say Thomas against they the say  George Edmund John John John and Richard let a jury thereon come before the  lord and lady the king and queen at Westminster on day next after and who  neither c to recognize c because as well c the same day be give to the party  aforesaid there c