cannon against Smallwood declaration in trespass v I et arms for take  plaintiff cattle and impound they until payment of a fine Cumberland to wit  Alan Smallwood late of graystock in the county aforesaid doctor in divinity  John Robson late of the same in the county aforesaid gentle Adam bird late of  Penruddock in the county aforesaid yeoman and John Harrison late of graystock  in the county aforesaid yeoman be attach to answer John cannon of a plea  wherefore with force and arm the cattle of the say John at graystock late find  without any reasonable cause they take and impound and they there so impound  until the say John have make a fine of three pound and seven shilling with the  say Alan Smallwood John Robson Adam bird and John Harrison for the delivery of  his cattle aforesaid do detain and other wrong to he do to the great damage of  the say John cannon and against the peace of the lord but nothing to have in  property be no plea to a assumpsit for use and occupation Wilson levinz er p  the now king c and whereupon the say John cannon by Lancelot Simpson his  attorney complain that the say Alan Smallwood John Robson Adam bird and John  Harrison on the first day of April in the that year of the reign of the lord  the now king with force and arm c at graystock aforesaid I the county  aforesaid a certain mare of the say John cannon of the price of five pound and  a certain gelding of the say John of the price of three pound there find  without any reasonable cause take and impound and they so impound until the  say John cannon have make a certain fine of three pound and seven shilling  with the say Alan Smallwood John Robson Adam bird and John Harrison for the  delivery of his cattle aforesaid do detain and other wrong c to the great  damage c and against the peace c whereupon he say that he be prejudice and  have sustain damage to the value of ten pound and therefore he produce his  suit c and the say Alan Smallwood John Robson Adam bird and John Harrisoney  John mounsey their attorney come and defend the force and injury when c and as  to the come with force and arm and also to the whole trespass aforesaid except  the take and impound of the cattle aforesaid and the detain of the say cattle  in pound until the say John cannon have pay sixtytwo shilling and two penny  parcel of the say three pound and seven levinz shillinays above suppose to  have be commit they say that they be not guilty thereof and of this they put  themselves upon the country and the say John cannon do the like c and as to  the take and impound of the cattle aforesaid and the detain of they in pound  until the say John Yannon pay the say sixtytwo shilling and two penny parcel  of the say three pound and seven shilling above suppose to have be commit they  the say Alan Smallwood John Robson Adam bird and John Harrison say that the  say John cannon ought not to have his action aforesaid thereupon against they  because they say that before the say time in which the trespass aforesaid be  suppose to have be commit to wit upon the that day of October in the that year  of the reign of the say lord the now the say Alan at the county court of one  Leonard Dykes esquire then be sheriff of Cumberland aforesaid hold at  Turpenhow in the county aforesaid before William window and John brownrig free  suitor of the say court levy a certain plaint against one Benjamin Grainger  gentle the say John cannon and one Robert Edmuddson for the take of the cattle  of the say Alan and the unjust detention of the say cattle against gauge and  pledge and there then be pledge of prosecute his plaint aforesaid to wit John  do and Richard roe whereupon at that county court aforesaid hold at Turpenhow  aforesaid in the county aforesaid before the suitor aforesaid on the say day  and year at the prayer of the say Alan it be give in charge to all and  singular the bailiff of the say sheriff by the say court that they shall  summon or that one of they shall summon the say Benjamin granger John cannon  and Robert Edmundson that the shall be at the next county court of the county  aforesaid to be hold at Turpenhow aforesaid in the county aforesaid on the  that day of November then next ensue to answer the say Alan of the plea  aforesaid and that they shall have there that precept and the same day be give  to the say Alan there c whereupon the say Alan then and there put in his place  John Featam his attorney against they the say Benjamin granger John cannon and  Robert Edmundson in the plea aforesaid by virtue of which precept one Thomas  grisdale then one of the bailiff of the say sheriff at the next county court  aforesaid in the county of Cumberland aforesaid before the suitor aforesaid  afterward to wit upon the say that day of November in the say year last  aforesaid the say Alan then and there in his proper person appear and in the  due form of law present himself against the say Benjamin granger levinz John  cannon and Robert Edmundson return the precept aforesaid to he in the form  aforesaid direct in all thing serve and execute and thereupon at the county  court aforesaid the say Benjamin granger John cannon and Robert Edmundson  accord to the warning to they make in their proper person appear and then and  there in the county court aforesaid put in their place Thomas Jackson their  attorney in the plea aforesaid and thereupon then and there by a certain  precept seem want here levinz er p the say Alan Smallwood at the say court in  the plea aforesaid against they the say Benjamin granger John cannon and  Robert Edmundson by declare do say that the say Benjamin granger John cannon  and Robert Edmundson Pon the that day of October in the that year of the reign  of the say lord the now king at the parish of graystock in the county of  Cumberland within the jurisdiction of the court aforesaid in a certain place  there call haoe take the cattle of the say Alan to wit eight ox four cow one  steer and five heifer of a black colour of the price of fiftyfive pound and  they unjust detain against gauge and pledge whereupon he say that he be  prejudice and have sustain damage to the value of thirtynine shilling and  therefore be produce his suit c and John do and Richard roe be pledge for  prosecute whereupon afterward to wit at the say county court of Leonard Dykes  esquire then be sheriff of the say county as aforesaid before the suitor  aforesaid the say Benjamin granger John cannon and Robert Edmundson bad leave  to imparl to the declaration aforesaid until the next county court of the  county aforesaid to be hold at Turpenbow aforesaid in the county aforesaid on  the that day of December from thence next ensue and then there to answer c the  same day then be give to the say Alan there c at which next county court  aforesaid be the first county court of one Edward hatsell esquire then sheriff  of the county aforesaid hold at Turpenbow aforesaid in the county aforesaid  before the suitor aforesaid on the say that day of December come as well the  say Alan as the say Benjamin John and Robert by their attorney aforesaid and  the say Benjamin granger John cannon and Robert Edmundson in the say court  before the suitor aforesaid then and there by their attorney aforesaid defend  the force and injury when c and as the bailiff of the most noble Henry earl of  Arundel well acknowledge the take of the cattle aforesaid in the say place in  which c because they say that levinz tli say place in which the take of the  cattle aforesaid be suppose to have be commit at the say time in which c be  the soil and freehold of the say most noble Henry earl of Arundel and because  the cattle aforesaid at the say time in which c be in the say place in which c  eat the grass of the say Henry earl of Arundel then grow there and do damage  there they the say Benjamin John and Robert as the bailiff of the say Henry  earl of Arundel well acknowledge the take of the cattle aforesaid in the say  place in which c and just c so do damage there c whereupon afterward to wit at  the say county court aforesaid last mention before the suitor aforesaid the  say Alan bad leave to reply to the say plea until the next county court of the  county aforesaid to be hold at Turpenbow aforesaid in the county aforesaid  upon the d day of January from that time next ensue and the same day then be  give to the say Benjamin John and Robert there at which next county court  aforesaid be the second county court of the last mention sheriff of the county  aforesaid hold at Turpenbow aforesaid in tb e county aforesaid before the  suitor aforesaid on the say three day ofJanuary come as well the say Alan as  the say Benjamin John and Robert by their attorney aforesaid and the say Alan  in the say court before the suitor aforesaid then and there to the plea  aforesaid by reply say that the say Benjamin John and Robert as the bailiff of  the say Henry Eari of Arundel ought not to acknowledge the take of the cattle  aforesaid in the say plea in which c to be just because the say Alan then say  that the say Henry earl of Arundel and all those who estate the say earl have  in the close aforesaid in which c the fence in and about the close aforesaid  have repair and have be accustom and ought to keep in repair from the time  whereof the memory of man be not to the contrary and the say Alan further say  that the fence aforesaid in and about the close aforesaid at the say time of  the take of the cattle aforesaid be break ruinous and in decay for default of  repair whereby the cattle aforesaid into the close aforesaid in which and c at  the say time in which c for default of repair of the fence aforesaid escape  and enter and be in the say place in which c eat the grass grow therein and  there do damage and this he be ready to verify wherefore be pray judgement and  levinz his damage by occasion of the take and unjust detain of his cattle  aforesaid to be adjudge to he c whereupon afterward to wit at the say county  court aforesaid last mention hold before the suitor aforesaid the say  Benjamill John and Robert bad leave to rejoin to the say levinz er p  replication until the next county court of the county aforesaid to be hold at  Turpenhow aforesaid in the county aforesaid on the first day of January from  that time next ensue and the same day be give to the say Alan there c at which  next county court be the three county court of the say Edward hatsell esquire  then be sheriff of the county aforesaid hold at Turpenbow aforesaid in the  county aforesaid before the suitor aforesaid on the say saint day of January  come as well the say Alan as the say Benjamin John and Robert by their  atorneys aforesaid and the say Benjamin John and Robert in the say court  before the suitor aforesaid then and there by rejoin say that the fence in and  about the say close in which c at the say time in which c be well and  sufficient repair without this that the fence in and about the say close in  which c be break ruinous and in decay for default of repair in the mariner and  form as the say Alan above by reply have allege and of this they put  themselves upon the country and the say Alan do the like therefore at the  prayer of the say Alan it be give in charge by the say court there to the say  Adam bird then one of the bailiff of the say Edward hatsell then sheriff of  the county aforesaid that he shall cause to come there to wit at the next  county court c to be hold there to wit at Turpenhow aforesaid upon the that  day of February then next ensue twelve good and lawful man of the county  aforesaid by who the truth of the matter may be the better know and who  neither to the say Alan nor to the say Benjamin John or Robert have any  affinity to make a certain jury of the country between the party aforesaid of  the plea aforesaid because as well the say Alan as the say Benjamin John and  Robert between who the contention be bad put themselves upon that jury and  that he shall have then there at the say next court the name of the jury  aforesaid and that precept the same day be give to the party aforesaid there  by the say court c at which next county court aforesaid be the four county  court of the say Edward hatsell esquire then sheriff of the county aforesaid  levinz hold at Turpenhow aforesaid before the suitor aforesaid the judge of  the say court upon the say that day of January in the that year of the reign  of the say lord the now king come as well the say Alan as the say Benjamin  John and Robert by their atorneys aforesaid and the say Adam bird then bailiff  of the say sheriff of the county aforesaid do not return the precept to he  thereupon direct nor do any thing thereupon therefore at the prayer of the say  Alan it be give in charge as before by the say court to the say Adam bird then  one of the bailiff of the say Edward hatsell then be sheriff of the county  aforesaid that he shall cause to come at the next county court of the say  Edward hatsell esquire then sheriff of the county aforesaid to be hold there  to wit at Turpenhow aforesaid upon the that day of march the next ensue twelve  good and lawful man of the county aforesaid by who the truth of the matter may  be the better know and who neither to the say a wing nor to the say Benjamin  John or Robert have any affinity to make a certain jury of the country between  the parties aforesaid of the plea aforesaid because as well the say Alan as  the say Benjamin John and Robert between who c and that he shall have there at  the say next court the name oh and that precept at whichnext county court  aforesaid be the five count court of the say Edward hatsell then be sheriff of  the county aforesaid hold at Turpenhow aforesaid before the suitor aforesaid  the judge of the say court upon the that day of march in the that year  aforesaid come as well the say Alan as the say Benjamin John and Robert by  their attorney aforesaid and the say Adam bird then bailiff of the say Edward  hatsell then sheriff of the county aforesaid at the say court there return the  precept aforesaid to he thereupon direct in all thing serve and execute  together with the name of twentyfour good and lawful man of the county  aforesaid name in a certain panel to the say precept annex and certain of they  to wit Thomas Thompson John throw king John Parker Thomas Wilkinson William  throw king John levinz Birkett William Birkett William bank John jack Leonard  fall William Haskengh and Thomas Strickett be call in like manner come who to  speak the truth upon the premise aforesaid be elect try and swear say upon  their oath that the say fence in and about the close aforesaid in which the  take of the cattle by a certain precept seem want here levinz er p aforesaid  be suppose to be commit at the say time in which c be break ruinous and in  decay for want of repair in the manner and form as the say Alan above by reply  have allege and they assess the damage of the say Alan by occasion of the  premise aforesaid above his expense and cost by he about his suit in that  behalf lie out I and for those expense and cost to thirtynine shilling  therefore it be consider by the say court that the say Alan shall recover  against the say Benjamin John and Robert his damage to twhitythree shilling  and two penny by the jury aforesaid in the form aforesaid assess and also to  the say Alan at his request for his expense and cost aforesaid by the court  there of increase adjudge which damage in the whole do amount to sixty two  shilling and two penny and that the say Benjamin John and Robert shall be in  mercy c upon which judgement afterward and before the say time in which c to  wit upon the that day of march in the that year aforesaid at graystock  aforesaid at the prosecution of the say Alan a certain precept in the nature  of the writ of the lord the king of to lift up facias issue out of the say  court seal under the seal of the office of the say Edward hatsell sheriff of  the county aforesaid and to the say Adam bird his bailiff of and within the  county aforesaid direct by which precept the say sheriff to the say Adam his  bailiff give in charge that without delay he shall cause to be levy of the  proper good and chattel of the say Benjamin John and Robert sixtytwo shilling  and two penny which be adjudge for the damage and cost which the say Alan  Smallwood in the say action bad recover against they in the county aforesaid  which precept of to lift up facias in the form aforesaid make afterward and  before the next county court of the county aforesaid to wit upon the last day  of march in the that year aforesaid at graystock levinz aforesaid on the  behalf of the say Alan to the say Adam bird then be one of the bailiff of the  say sheriff be deliver in the form of law to be execute by virtue of which  precept the say Adam as and be the bailiff of the say sheriff as aforesaid and  the say John Robson and John Harrison as the servant of the say Adam and in  his aid and by the direction of the say Alan afterward to wit at the say time  in which c to levy the damage aforesaid the cattle of the say John cannon  aforesaid take and impound and that they there so impound do detain until the  say John cannon the say sixtytwo shilling and two penny in the form aforesaid  recover to the say Adam the bailiff of the say Edward hatsell sheriff of the  county aforesaid for the use of the say Alan pay in satisfaction of the damage  aforesaid to have delivery of his cattle aforesaid which sixtytwo shilling and  two penny the say John cannon afterward and before the say next county court  aforesaid to wit upon the say first day of April in the that year aforesaid at  graystock aforesaid pay to the say Alan for and in satisfaction of his damage  aforesaid which take and impound and detain in pound of the cattle aforesaid  until the say Johi cannon pay the say sixtytwo shilling and two penny be the  same take and impound and detain in pound of the cattle aforesaid until c  whereof the say John cannon above against they complain and this they be ready  to verify wherefore they pray jud gment if the say John cannon ought to have  his action aforesaid thereupon against they c and the say John cannon as to  the say plea of the say Alan Smallwood John Robson Adam bird and John Harrison  as to the take and ffounding of the cattle aforesaid and detain they in pound  until the say John Papnnon pay sixtytwo shilling and two penny the say John  say that he by anything before allege ought not to be preclude from have his  action aforesaid thereupon against they because he say that the say plea by  the say Alan Smallwood John Robson Adam bird and John Harrison in the manner  and form aforesaid plead and the matter in the same contain be not sufficient  in law to preclude the say John cannon from have his action aforesaid  thereupon levinz against the say Alan Smallwood John Robson Adam bird and John  Harrison to which the say John have no necessity neither be be bind by the law  of the land to answer and this he be ready to verify wherefore for want of a  sufficient plea in this behalf the say John cannon pray judgement and his  damage by occasion of the trespass aforesaid to be adjudge to he c do not say  what sum here also the sum be want vide post Adam bird levinz er p and the say  Alan Smallwood John Robson Adam bird and John Harrigon because that they above  by plead have allege sufficient matter in law to preclude the say John cannon  from have his action aforesaid as to the say take and impound of the cattle  aforesaid and the detain they in pound until the say John cannon pay the say  sixtytwo shilling and two penny which they be ready to verify which matter the  say John cannon do not deny nor to the same in any wise answer but altogether  have refuse to admit the verification thereof they the say Alan Smallwood John  Robson Adam bird and John Harrison as before pray judgement and that the say  John cannon may be preclude from have his action aforesaid thereupon against  they c and because the justice will advice themselves of and upon the premise  whereof the party aforesaid above have put themselves upon the judgement of  the court before they give their judgement thereupon day be give to the party  aforesaid here until from the day of the holy Trinity in three week to hear  their judgement thereupon because that the say justice here thereupon not as  yet c and as to the trial of the issue aforesaid between the party aforesaid  by the country to be try the sheriff be command that he cause to come here at  the say term twelve c by who c and who neither c to recognize c because as  well d