Go to next part. Return to control page.
The ioynt and severall replicac{i}ons of the Right honorable
Edwarde Erle of Oxenforde and Edwarde Atslow Comp
The sayd Complaynant{es} for Replicac{i}on sayne and every of
them saye that their sayd Bill of Compl{ainant} against the sayd
deffend{an}t{es} exhibyted in this honorable court is certen and
suffycyent in the Lawe to be aunsweryd vnto and not devysed
fraymed and set forthe to any suche intente or purpose as in the
sayd Aunswere is vntrewly surmysed And do and will aver and
prove all and every matter and thynge in their sayd Bill of
Compl{aint} contayned to be iust and trewe in suche sorte maner
and forme as they and every of them be their-in trewly set forthe
and declaryd And the sayd Compl{ainantes} do and will further
aver to this honorable courte that the sayd p{ar}cell of waste
grounde or common beinge p{ar}cell of the great Com{m}on callyd
Starcke comon in ther sayd Bill mencyoned is and tyme out of
mynde of man hathe benne alwayes belonginge vnto the sayd Manor
of Downeham and that the sayd Erle one of the compl{ainan}t{es}
and the auncesters of the sayd Erle and those whose estate he and
they had in the said manor and p{ar}cell of Com{m}on tyme out of
mynde of man have fellyd wood and trees ther vppon growinge from
tyme to tyme as in and vppon his and ther proper Inherytaunce in
such manner and forme as in the said Bill of Complaint is trewly
alledgyd and the sayd compl{ainant} will further aver and prove
to this honorable Courte That the said Iohn Pascall one of the
deffend{an}ts by the procurement and comaundment of the sayd
ffrancis Bury accompanyed withe Benytt Strutt Henry Abell Stephen
Humfrey Roberte Revell Phillip ffreeman Richarde Hyndes William
Reynoldes Roberte Wolley Iohn Parnell Iohn Redre alias Redie
Thomas Tyrrell Roberte Cowper Nicholas Tabor Richard Humfery
Edwarde Balye and Iohn Trotter did the sayd sixt daye of Aprill
last past in most ryotous manner assemble themselves together in
and vppon the said p{ar}cell off common to fell and cutt downe
the wood and trees ther growinge And that the said Iohn Pascall
and the ryotous persons afore namyd dyd lykewyse the twentieth
daye of Aprill last past beinge furnished w{i}th swordes daggers
Rapiors forrest Billes pyked staves and other warlyke weapons in
most ryotous mann{er} entre and assemble them selves vppon the
said p{ar}cell of Com{m}on or wast grounde belonginge to the said
maner of Downe ham and dyd then and ther fell take and carrye
awaye dyvers of the wood vndrewood and trees ther standinge and
growinge And dyd then and ther in most ryotous maner assalte
beat wounde and evell entreat the sayd Thomas Clarke and
Will{ia}m Semer and other the servant{es} neighbours and
ffrend{es} of the said Edwarde Atslowe one of the
Compl{ainan}t{es} beinge then and ther vppon the sayd p{ar}cell
of Com{m}on in quiett possessyon in goddes peace and the Quenes
Ma{ies}t{es} and putt the same Thomas and William and other of
the servant{es} and neighbours of the sayd Edwarde Atslow in
great daunger of ther lyves through ther ryotous and crewell
assalte in suche maner and forme as in the said Bill of
Compl{aint} is trwely set forthe and declaryd and with this also
the said compl{ainan}t{es} will aver that the said Iohn Pascall &
other his ryotous adherent{es} dyd amongest other the woodes and
trees so ryotously fellyd and carryed away by them, fell and
carrye awaye one great oke standinge & beinge in and vppon the
sayd p{ar}cell of comon w{hi}ch was a bounde and marke to sever
the Com{m}on of the said Erle of Oxenforde from the Com{m}on of
the Lord of Aburgaveny Sir Henry Tyrrell and Mr fferys w{i}thin
the said great Com{m}on callyd Stocke Com{m}on And at w{hi}ch
oke by the comon reporte of oulde men the said Erle the Lorde of
Aburegavenye Sir Henry Tyrrell and Mr fferys beinge owners of
seuerall partes of the said Com{m}on and scat [=scite? estate?]
callyd Stocke Com{m}on might meet all vpon their owne grounde and
shake handes together eyther of them standing vppon ther owne
grounde w{hi}ch oke beinge so iniuryously felled by the
deffend{an}t{es} is to the great preiudice of the said
Compl{ainan}t{es} and the other possessors and owners of the
seuerall p{ar}tes of the said Com{m}on and to ther right and
possessyon therof w{hi}ch oke the sayd Iohn Pascall and
ffraunc{is} Burye with other ther ryotous adherent{es} dyd
purposely fell to obscure the knowledge and trewe demonstrac{i}on
of the bond{es} that notoryouslye dyd devyde every seuerall parte
that every Lorde of the said Com{m}on ought to have through
w{hi}ch confusyon of bound{es} the said ffraunc{is} Bury and Iohn
Pascall wolde intrude to challenge now a parte of the said
Com{m}on amongest the Reste and exclude the said Compl{ainan}ts
And the Compl{ainan}t{es} do further aver to the honorable Courte
that the said Richard Thimblebye Iohn Glascocke theldre Iohn
Glascocke the younger Iohn Gryffyn Iohn Bundocke Charles Bundock
Edwarde Vincent George Hilles Will{ia}m Knightbrydge Iohn
Harteforde Will{ia}m Eliott Rob{er}te Clarke Roberte Buckley
Richard ffreemam and Iohn Coppyn dyd in the Quenes Ma{ies}t{es}
name will and streightly comaunde the sayd Iohn Pascall and other
the said ryotous p{er}sons to surcesse ther outragious demeanours
and ryotous assaltes And wyshed them to trye ther tytle in and
to the said p{ar}cell of Com{m}on in peaceble Man{er} at and by
the comon Lawes of the Realme And ther vppon the said Pascall
and other his adherent{es} and ryotous p{er}sons above namyd dyd
then and ther the more forcebly assalte not only the sayd Thomas
Clarke and other the servant{es} of the said Edwarde Atslow But
also the said Iohn Bindocke Charles Bindoke Edmunde Vincent
George Hilles Will{ia}m Knightbridge Iohn Harteforde Will{ia}m
Eliott Rob{er}te Clarke Rob{er}te Buckley Richarde ffreeman and
Iohn Coppyn, w{hi}ch were standinge by and endevoryd them selves
to see the Quenes ma{ies}t{es} peace keapte And that the said
Iohn Pascall dyd then and ther most violently w{i}th his Rapyor
or sworde drawne in his hande accompanyed w{i}th the other
ryotous p{er}sons above namyd verye fearcely runne at the said
Thomas Clarke and other the servant{es} of the said Edwarde
Atslow, and in ryotous maner dyd wonde the sayd Thomas Clarke and
dyd in ryotous maner beate and dryve out of the said p{ar}cell of
Com{m}on the sayd Thomas Clarke and other the servant{es} of the
said Edwarde Atslow in suche sorte maner and forme as in the sayd
Bill of Compl{ainant} is most trewly set forthe and declaryd
without that that the said deffend{an}t{es} or any of them have
had or susteynyd any violence iniury or wronge by or through the
sayd Compl{ainan}t{es} or by ther or any of ther
procurem{en}t{es}, or that the sayd deffend{an}t{es} have
susteyned any losse or damages by the sayd Compl{ainan}t{es} or
any of them in suche sorte as in the sayd aunsweres is most
vntrewly alledgyd And w{i}thout that that the sayd p{ar}cell of
Com{m}on, or wast grounde mencyoned in the Bill of Compl{aint} is
callyd by the name of the Presons Com{m}on or dothe belonge to
the mannor callyd Prestons or that the sayd ffranc{is} Bury or
the said Iohn Pascall have any suche mannor callyd or knowne by
the name of the mannor of Presons to the knowledge of the
Compl{ainan}t{es} or that the said ffrancis Burye or his
p{re}dicessors or they whose estate and his sayd wyfes now have
or had in the said manor and p{ar}cell of Com{m}on supposed by
the deffend{an}t{es} to be callyd P