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Oxford & Atslowe vs. Bury et al.

The ioynt and severall replicac{i}ons of the Right honorable Edwarde Erle of Oxenforde and Edwarde Atslow Compoynt and seu{er}all Answers of ffrancis Bury Iohn Pascall gent' Benytt Strutt Rob{er}t Wolley Will{ia}m Reynolde Stephen Humfrey Richarde Humfrey Phillip ffrema{n} Henry Abell Iohn Parnell Nicholas Tabor Richarde Haynes Thomas Tyrell Phillip Nevell and Humfrey Nevell deffend{an}t{es}

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 Psons Com{m}on have tyme out of mynde of man fellyd and loppyd wood and trees growing in and vppon the said p{ar}cell of Com{m}on as vppon the p{ro}per inherytaunce and free hold <...> or have carryed aw the same wood so fellyd and lopped as afore sayd quiettly and peacebly at ther will and pleasure in suche sorte maner and forme as the defend{an}t{es} in ther sayd Aunswers have most vntrewly without regarde of ther othes alledgyd without that also that the said deffend{an}t{es} were in quiett or peaceble possessyon of the sayd p{ar}cell of Com{m}on or that the sayd Thomas Clarke or any of the servant{es} of the sayd Edwarde Atslow above namyd or any other of the persons afore namyd beinge then in ther company or standinge by them dyd dryve the saide deffend{an}t{es} from the said p{ar}cell of comon or that the said Thomas Clarke Will{ia}m Price Will{ia}m Semar Iohn Bundock Charles Bundocke Edmunde Vincent George ^\\Hilles// or any of them were bent to myscheife or were p{ro}vyded to accomplishe any ryotous develysh or wicked intent or purpose in suche sorte as the deffend{an}t{es} without any feare of god or dewtyfull obedyence to hir ma{ies}t{es} Lawes or regarde of ther othes have alledgyd And w{i}thout that that the said Thomas Tyrrell one of the deffend{an}t{es} was in p{re}sent danger to be torne in peaces w{i}th the tree mencyoned in the said aunswere or that the same was drawne vppon the legges of the sayd Thomas Tyrrell or that the sayd Thomas Clarke or any of the p{er}sons above namyd cryed drawe awaye kill the villaine kyll the villaine But dyd w{i}th ther best indevor save and preserve the said Thomas Tyrrell from danger and hurte w{i}th the said logg w{hi}ch yf they had not foresene the sayd Thomas Tyrrell wolde willingly have falne into without that that the sayd Thomas Clarke Will{ia}m Pryce Will{ia}m Seymor Iohn Bindock Charles Bindock Edmunde Vincent George Hilles or any of them or any other in ther Company dyd in any ryotous maner or with any forceble weapons violently fell any trees vppon the sayd Com{m}on otherwyse then they might lawfully doo as in the sayd aunswere is most vntrewly allegyd And without that that ther is any other matter or thinge in the sayd [A.] seu{er}all aunswers conteynyd materyall or effectuall in the lawe to be replyed vnto and not herein suffycyently avoyded trau{er}syd or denyed trew all w{hi}ch matters the sayd Compl{ainan}t{es} are redye to averre maynteigne iustefye and prove as this honorable courte shall awarde and prayne as before that the sayd Bill of compl{ayn}t{es} they have alredye prayd.

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