| 1372.071 |
1372 |
|
Trespass for breaking close and cutting trees |
Trespas |
Perle, Walter Sjt Parle (for D)
Tauke, William Sjt Tank (for P)
Percy, Henry Sjt Persay (for D)
Tauke, William Sjt Tank |
|
|
|
|
Brooke Trespas 55
Statham Trans 29 |
|
|
| Trespas fuit port de bruise' de clos', & des arbres coup', le plaintife declare en son count keins, & freins, & |
20 |
| keine (= oak tree), fraine (= ash tree), |
| Trespass was brought for breaking close and cutting trees. The plaintiff declared in his count oak trees and ash trees and a certain sum etc. The defendant said that the plaintiff had leased to him for the term of his life certain land, of which the place was a parcel, where he supposed that the trespass was committed, saving to himself his full-grown trees (graunde bois); judgment of this writ, which supposed that the defendant should have come into his own land, against the peace, to commit trespass, which could not be understood by the law, and he was awarded (to say) over. And then he said that he had leased etc., and he demanded judgment as to force and arms etc., and where the plaintiff supposed certain oak trees were cut, he said that as to a certain parcel, he sent two of his villeins (niefes) to cut them down in repairing his houses there, and he demanded judgment, and as to another parcel, certain men of his (the plaintiff's) had come there, and had beaten his bailiff, and made the cutting of the trees, which he took them afterwards, and he demanded judgment. And as to the rest, that is, certain oak trees, named (l'auncelles), the indenture made between the plaintiff and the defendant said that he would have housebote and haybote, and he had taken them as underwood (subbois), to repair certain hedges and chases, and he demanded judgment. The plaintiff said that the indenture stated that he reserved the full-grown trees (gros bois), which would be understood to be the soil, and he demanded judgment of the defendant's admission, and the other to the contrary (e converso), in right of this point. And as to these oak trees for repair etc., the plaintiff said that there was enough of the residue (rem') and logs (bruschial) to have enclosed, and he demanded judgment. The defendant said that they were oak trees between great timber (graunts fuists) of full-grown trees (gros bois) etc., so he could well take them etc. The plaintiff said that, as to that which the defendant had alleged that they were delivered to him by the plaintiff's command to repair the houses, the defendant took them (ouster), trespass as the plaintiff supposed; ready; and as to the battery of the defendant's bailiff, not admitting this etc., he cut them down himself; ready etc. |
|
