88

A Treatise of Gap. 31

be hsth, Hade uW> ts hade s KNK, the which is usLnle ts the Vsrtz to? that ought to de time out okmind.

LdirStz, the defendant SvrhrlsiM tt hsde s ^arttIn ths sSrsetsio Nov duudKS scres of psSme, sudshundred scres os wvvs, wheress their is no tpes^ingvktwvhunSMs Zerrsss psLure before, snd thereforehe ought ts hsbe sard, in two hundred scree ok psLureparcel of the fsi) Mee hmur?ed scres.

Fourth!?, the defendant doth not answer to the Kil-ling ck the Lings Deer ok the but doth onl? ju«ttiSe the billing of all Deer time cut os mtnd, being inthe said Karl?.

Fitthlx, the Nejopnder is a manifest departure fromthe Mar, so? in the.War he claimeth to hade a VsrKditched and hedged, per voluocscemeorum iaclulum, sathat bx this pretence he ma? Keep the Vark with kucvlow hedges as He witt, and xet in his Nejopnder hedoth traverse, rbfque hoc, that he Kept the Dark sdsoparvis sepibus & soffit is, quo J damæ Regis de foresta præ-dictain parcum prædict„pro def. inclusuræ intraverum, 8c-absque hoc, &c. Do that the defendant b? his Nejo?n-der doth mgke anilkue upon that which he doth Mike inhis War, and doth, upon the matter den? in his re-io?nder, the.matter alledged dx him in vis War.

And, as to the matter in law, A conceive that the-defendant cannot pMribe to hade a-Varh in luch man-ner as be Mtendeth, so? that such prescription is guilecontrar? to the nature of his Nopal franchise of his fo-rest,and it is to the dekrurtion ok it,fv? a fojest is a Nop-al franchise, so that regular!? none can hade it dut theLing, as it was adjudged in this Court in a Quo war-ranto againttHurnphrey BiggsatlD Manvvood,f. i. A st*test is a certain Lerrits?? of ground pridiledged foxwild beasts and fowls vsthe forest to rest sub abide in the-

Me.