| 1372.074 |
1372 |
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Trespass for taking sheep |
Trespas
Custome |
Percy, Henry Sjt Persay (for P)
Perle, Wawlter Sjt (for D)
Percy, Henry Sjt Persay
Perle, Walter Sjt
Percy, Henry Sjt Persay
Perle, Walter Sjt |
Pembroke |
Earl of |
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| Trespas port devers Will' Auncell per le counte de Penbroke de certein berbits & owaill' a tort pris, ou il vient |
14 |
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John Hastings was Earl of Pembroke from Aug. 1348 (livery and homage 12 Sep. 1368) to 16 Apr. 1375. s.v. Hastings, John, thirteenth earl of Pembroke, 1347-1375, in Oxford DNB. |
| Trespass brought against William Auncell by the Earl of Pembroke for certain sheep (berbits & owaill') wrongfully taken, where he came and justified the taking, because there were certain fields of land adjoining in a certain vill, where there was such a usage from time immemorial that no man would put any sheep in the lands there after the grain and vines were cut, until the feast of St. Michael next following. And because the said sheep were put in there the same terms, he took them, that is his and 100 of other neighbours (le desoens & C. des auters voismes), and he demanded judgment. The plaintiff said that the defendant had not supposed any damage to him by reason of this, and he demanded judgment of the defendant's own admission. The defendant said that he and others had their large animals (grosses beasts) there to have the first seisin of pasture, thus profit. The plaintiff said that the defendant took them of his own tort without such cause; ready. The defendant said that the plaintiff would not be admitted (n'aviendr') to this general averment, without answering to the cause of his justification. The plaintiff said that the defendant had not supposed that the plaintiff had ever been distrained by reason of this usage, nor that there was such a usage used against him, (Latin begins) and this was not allowed (Latin ends). And then he said that he was lord of the vill, and he did not understand that the defendant could allege the usage against him. The defendant said that the usage was as well against the lord as against others; ready. (Latin begins) And the other side said the contrary (Latin ends). |
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