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[Page 7]
as it has been determind very wisely & [indecipherable] to Postpone the Trial till the next Assizes it is hopd that Mr. Sergeant Bayley will give the pleading a Full Consideration which as the Case is now become of considerable importance by the Claims of the vill.[village ?] of Boston on the west side of the water, to be Tenants in Common on the Fens he will probably chuse to do.
Respecting the First Second & fifth Pleas Points I answer that the inhabitants of the vill. of Boston never did hitherto claim to be Tenants in Common on the Fens or to have a right in respect to each Tenement, to stack the fen with all Cattle Levant & Couchant within the vill, they have claimd only to have Rights of Common of Pasture & Turbary by Chester with 7 other Towns calld together the 8 Holland Towns each of which has a separate Brand for marking Cattle and all of which do rent & service to the memorial Court & have always submitted to the amercements made by the Bye Laws of the [indecipherable].
This Right of Common & Turbary them was questiond in the Reign of Queen Eliz. & Levy proceedings laid upon it but the 8 Holland Towns prevaild & establishd against the [indecipherable] their right of Common, these proceedings may be sought for if necessary as the Chester may be also of which an unauthenticated copy is anexd.
[In margin]
3d here
To the Fourth I answer that the Tenement or pretoner [?] of which the Trespas was committed has no ground, not even a yard on which the cattle could have been Levant & Couchant.
To the third I answer that I hold the Fens under a Lease of years from the Duchy of Lancaster, of course the avowry must be amended.
I wish to be informd what kind of evidence of the exercise of acts of ownership should be provided, it occurs to me that