John Butler, armiger and Griselda his wife v. Griffin Dunne, knight : Michaelmas term, 1539

This action of waste was brought against one who had been a beneficial life tenant under a use prior to the Statute of Uses and became the common law life tenant by virtue of the statute. The positive actions of waste, such as the cutting down of trees, seem to have taken place after the statute and thus are irrelevant to the history of the Statute of Uses. For the poor state of the buildings, however, it seemed essential to the case whether they were in disrepair before or after the Statute of Uses. Thus the common law tenancy after the Statute of Uses seems not to have been considered strictly continuous with the beneficial tenancy prior to the Statute of Uses.

[IMG 0969] Hertfordshire. Griffin Dunne knight was summoned to answer John Butler armiger and Griselda his wife concerning a plea why, whereas from the common counsel of the lord king’s realm of England it was provided that it is not permitted to anyone to make waste, sale or destruction of lands, houses, woods or gardens that he holds at term of life or of years and whereas a certain William Byrche, Richard Edon, Nicholas Rokewoode and Nicholas Thorne were seised of the manors of Lammers, Butlers, and Brydellys with appurtenances in the abovesaid county and of one messuage, 200 acres of land, 50 acres of meadow, 200 acres of pasture, 30 acres of woods, 30 acres of heath, and 50 shillings of rent with appurtenances in Wheathamstead, Harpenden, and Sandridge in the abovesaid county to the use of the abovesaid Griffin and of a certain Elizabeth then his wife for the term of their lives and the one of them living longer, and after their decease to the use of the abovesaid Griselda and the heirs legitimately procreated from the body of the abovesaid Griselda, and the same William, Richard, Nicholas and Nicholas being seised of the manors and tenements abovesaid with appurtenances to the abovesaid uses in the abovesaid form, the abovesaid Elizabeth died and the abovesaid Griffin survived her, whereby the abovesaid William Byrche, Richard, Nicholas, and Nicholas were seised of the abovesaid manors and tenements with appurtenances in their demesne as of fee to the use of the abovesaid Griffin for term of his life, and thus being seised thereof by a certain act in the now lord king’s Parliament at London begun on November 3 in the 21^st year of his reign and then to and toward Westminster adjourned and prorogued and there by divers prorogations continued and prorogued to and until February 4 in the 27^th year of the reign of the now lord king from the assent of the lords spiritual and temporal and the community then being in the same Parliament as well as by the authority of the same Parliament among other things that when any person or any persons at the time of the making of the same act made in the abovesaid 27^th year stand seised or after the making of that act will be seised of or in any honors, castles, manors, lands, tenements, rents, services, reversions, remainders, or other hereditaments to the use or confidence of some other person or some other persons or of any body politic by reason of any bargain, sale, feoffment, fine, recovery, covenant, contract, agreement, will or otherwise in any manner whatsoever, that in each case of this kind every person or persons and body politic that at the said time of the making of the act abovesaid had or after the making of the same act will have any this kind of use or confidence in fee simple, fee tail, for term of life or of years or otherwise or any use or any confidence in remainder or reversion then thereafter will stand and be seised and adjudicated in lawful seisin, estate, and possession of and in the same honors, castles, manors, lands, tenements, rents, services, reversions, remainders, and hereditaments with their appurtenances to all intentions and constructions in law of and in suchlike estates as they before the abovesaid act promulgated had or after the making of that act would have in use of or in the same, and that the estate, title, right, and possession that were in such manner person or persons who before then was or were or after the making of that act would be seised of any lands, tenements or hereditaments to the use or confidence of any this manner person or persons or of any body politic from the said time of the making of this act promulgated will be adjudicated in him or in them who at the same time of the making of the abovesaid act had or after the making of that act will have such use and confidence according to this manner quality, manner, form and condition as they before had in or at use or confidence that were in them, as it more fully appears in the same act promulgated in the 27^th year, by pretext of which certain act the same Griffin was and still is seised of and in the abovesaid manors, lands, and tenements with appurtenances in his demesne as of free tenement, the remainder thereof to the aforementioned Griselda and the heirs legitimately procreated from the body of the same Griselda, the same Griffin made waste, sale, and destruction of the lands, houses, woods, and gardens in Wheathamstead, Harpenden, and Sandridge abovesaid to the disinheritance of the same Griselda and against the form of the abovesaid provision etc. [IMG 0970] And wherefore the same John and Griselda by John Byll their attorney say that, whereas the abovesaid William, Richard, Nicholas, and Nicholas were seised of the manors and tenements abovesaid with appurtenances in their demesne as of fee to the use of the abovesaid Griffin and Elizabeth for the term of their lives and of that one living longer and after their death to the use of the abovesaid Griselda and the heirs legitimately procreated from her body, and the same William, Richard, Nicholas, and Nicholas being seised of the manors and tenements abovesaid with appurtenances to the uses abovesaid in the abovesaid form, the abovesaid Elizabeth died and the abovesaid Griffin survived her, whereby the abovesaid William Byrche, Richard, Nicholas, and Nicholas were seised of the manors and tenements abovesaid with appurtenances in their demesne as of fee to the use of the abovesaid Griffin for term of his life, and thus being seised thereof by the abovesaid act in the now lord king’s Parliament begun at London on the abovesaid November 3 in the 21^st year of his reign and from thence to and toward Westminster adjourned and prorogued and there by divers prorogations continued and prorogued to and toward the abovesaid February 4 in the [IMG 1586] 27^th year of the reign of the now lord king from the assent of the lords spiritual and temporal and the community then being in the same Parliament as well as by the authority of the same Parliament among other things that when any person or any persons at the time of the making of the same act made in the abovesaid 27^th year stand seised or after the making of that act will be seised of or in any honors, castles, manors, lands, tenements, rents, services, reversions, remainders, or other hereditaments to the use or confidence of some other person or some other persons or of any body politic by reason of any bargain, sale, feoffment, fine, recovery, covenant, contract, agreement, will or otherwise in any manner whatsoever, that in each case of this kind every person or persons and body politic that at the said time of the making of the act abovesaid had or after the making of the same act will have any this kind of use or confidence in fee simple, fee tail, for term of life or of years or otherwise or any use or any confidence in remainder or reversion then thereafter will stand and be seised and adjudicated in lawful seisin, estate, and possession of and in the same honors, castles, manors, lands, tenements, rents, services, reversions, remainders, and hereditaments with their appurtenances to all intentions and constructions in law of and in suchlike estates as they before the abovesaid act promulgated had or after the making of that act would have in use of or in the same, and that the estate, title, right, and possession that were in such manner person or persons who before then was or were or after the making of that act would be seised of any lands, tenements or hereditaments to the use or confidence of any this manner person or persons or of any body politic from the said time of the making of this act promulgated will be adjudicated in him or in them who at the same time of the making of the abovesaid act had or after the making of that act will have such use and confidence according to this manner quality, manner, form and condition as they before had in or at use or confidence that were in them, as it more fully appears in the same act promulgated in the 27^th year, by pretext of which act, the abovesaid Griffin was and still is seised of the manors, lands, and tenements abovesaid with appurtenances in demesne as of free tenement to remain thereof to the aforementioned Griselda and the heirs legitimately created of the body of the same Griselda in the form abovesaid, and the same Griffin being seised of the manors, lands, and tenements abovesaid with appurtenances, the same Griffin after the making of the abovesaid act promulgated in the abovesaid 27^th year did waste, sale, and destruction of the houses, viz., by permitting one house called “the chefe manor place of Lammer” of the price of £100, one dovecote of a price of £40, one chamber over the stable of a price of £20, one other house called a carte house of a price of 10 marks, one great barn of a price of £20, 3 other barns of a price each of them of £20, a barn parcel of the same messuage in which a certain Thomas Howse inhabits of a price of £10, a messuage in which a certain Henry Freman inhabits of a price of 10 marks, a kitchen of a price of £6, 2 barns of a price each of them 10 marks, 2 shops of a price of each 100s, one other messuage in which a certain William Bowes late inhabits of a price of £10, a barn and a stable parcel of the same messuage of a price of each of them £6, another messuage in which a certain [blank] Adams widow now inhabits of a price of 10 marks, and a barn parcel of the same messuage of a price of £7, 2 messuages under one roof called Gundyche of a price of each of them 100s and one messuage in which certain William Bowles now inhabitants of a price of 10 marks in Wheathamstead abovesaid as well as one messuage of a price of £10 in Harpenden abovesaid and also two barns of a price of each of them of 20 marks in Sandridge abovesaid to stand and be uncovered, whereby the timber and walls of the same houses by rainstorms on them descending became rotten and corrupt and those houses threaten ruin, by digging also in the 10 acres of land in Wheathamstead abovesaid 20 cartloads of sand of a price of each of 6d and 60 cartloads of gravel of a price of each 4d as well as by digging in six acres of land in Sandridge abovesaid 30 [IMG 1587] cartloads of sand and 10 cartloads of gravel, the price of each 4d, and also by digging in 4 acres of land in Harpenden abovesaid 30 cartloads of sand and 30 cartloads of gravel called gravell of a price of each of them 4d, also by cutting and selling in 12 acres of wood called Lammer Woodes parcel of the manors and tenements abovesaid with appurtenances 800 oaks of a price of each of 20d, 74 elms of a price of each of 2s, one ash of a price of 5s and 18 other ash of a price of each of 16d in Wheathamstead abovesaid, by cutting also and selling in a certain place called Brydelles in Sandridge abovesaid, 12 elms of a price of each of 20d, by cutting also and selling in Harpenden abovesaid in a certain place called Fanmakers 60 oaks of a price of each of 20d, as well as in a certain place there called Balardes and Redynges 80 oaks of a price of each of 2s, and also in a certain place there called Cryspgrounde 30 oaks and 2 beaches of a price of each of 3s in the manors and tenements abovesaid with appurtenances sparsely growing, as well as by cutting in one garden in Wheathamstead abovesaid, 2 apple trees and 6 pear trees, of a price of each 8d, and also by cutting in one garden in Sandridge abovesaid 6 apple trees of a price of each 12d as well as by cutting [IMG 0971] in a garden in Harpenden abovesaid 10 apple trees of a price of each 10d to the disinheritance of the abovesaid Griselda, and against the form of the provision abovesaid, wherefore they say that they are worse off and have damages to the value of 500 marks, and thereof produce suit etc.

         And the abovesaid Griffin by Thomas Gold his attorney comes and denies force and injury when etc., and as to any waste, sale, or destruction in the abovesaid house called a cartehouse, one barn parcel of the abovesaid messuage in which the abovesaid [blank] Howse inhabits, 2 barns and 2 shops parcel of the abovesaid messuage in which the abovesaid Henry Freman inhabits, and 2 messuages under one roof called Gundiche, and 2 barns in Sandridge abovesaid supposed to have been done, the same Griffin says that the abovesaid John Butler and Griselda ought not to have their abovesaid action thereof against him, because he says that before the abovesaid time of the abovesaid act of Parliament promulgated and at the same time of the promulgation of the same act of Parliament the timber of the same messuages, barns, and houses by rainstorms descending on them was rotten and corrupt for default of sufficient roofing of the same, and this he is ready to verify, wherefore he seeks judgment if the abovesaid John Butler and Griselda ought to have their abovesaid action against him etc. And as to the cutting and selling of the abovesaid 800 oaks in the abovesaid 12 acres of woods called Lammer Woodes and the abovesaid 80 oaks in the abovesaid place called Balardes and Redynges supposed to have been done, the same Griffin says that the abovesaid John Butler and Griselda ought not to have their abovesaid action against him, because he says that those oaks at the abovesaid time of the cutting of the same were of growth under the age of 20 years and that those oak at the time of the cutting of the same were underwood, and further the same Griffin says that all the oak within the abovesaid wood called Lammer Woodes and the abovesaid place called Balardes and Redynges growing and being of a growth within the age of 20 years from the time of which the memory of man runs not to the contrary were accustomed to be cut and sold in each 16^th year, whereby the same Griffin cut and sold the abovesaid oaks being underwood and of a growth within the age of 20 years at the abovesaid time at which etc., as well he might, and this he is ready to verify, wherefore he seeks judgment if the abovesaid John Butler and Griselda ought to have their abovesaid action thereof against him etc., and as to the cutting down of the abovesaid 19 ashes in Wheathamstead abovesaid supposed to have been done above, the same Griffin says that the abovesaid John Butler and Griselda ought not have their abovesaid action thereof against him, because he says that after the making of the abovesaid act bige soce porte and le Hardelles of the abovesaid Griffin being within the abovesaid manor of Lammer were rotten and corrupt, whereby the same Griffin cut those ashes to be occupied for repair of the abovesaid bige soce ports and le Hardelles on the abovesaid manor of Lammer and repaired bigas soce portas and le Hardelles abovesaid with the ashes abovesaid occupied on the abovesaid manor, as well he might, and this he is ready to verify, wherefore he seeks judgment if the abovesaid John Butler and Griselda ought to have their abovesaid action against him etc., and as to the cutting down of 5 elms of the abovesaid 12 elms in the abovesaid place called Brydelles in Sandridge abovesaid and the four oaks of the abovesaid 60 oaks growing in the abovesaid place called Fanmakers supposed to have been done, the same Griffin says that the abovesaid John Butler and Griselda ought not to have their abovesaid action thereof against him, because he says that the same 5 elms and 4 oaks long before the abovesaid time of the cutting of the same were dry and dead, and also rotten and corrupt not at all producing any fruit or foliage at the summer season and that the abovesaid five elms and four oaks at the same time at which etc., were not sufficient timber sufficient for the making of other buildings thereof then, whereby the same Griffin at the abovesaid time at which etc., cut the abovesaid five elms and four oaks as well he might, and this he is ready to verify wherefore he seeks judgment if the abovesaid John Butler and Griselda ought to have their abovesaid action against him etc., and as to the cutting of 7 elms of the abovesaid 12 elms remaining in the abovesaid place called Brydelles in Sandridge abovesaid and 56 oaks remaining of the 60 oaks growing in the abovesaid place called Fanmakers supposed to have been done above, the same Griffin says that the abovesaid John Butler and Griselda ought not have his abovesaid action thereof against him, because he says that before the abovesaid time at which it is supposed the cutting of the same 7 elms and 56 oaks remaining was done, a certain house called le Bakehouse and another house called le Bruehouse, another house called le Botery and another house called le Pantrye, a stable called le Gestes Stable, and one other stable called le Gestes Stable, another stable called le Carters Stable, a barn by le Carters Stable, a solar on le Gatehouse there, a house called le Garner, a barn called le Whetebarne, and another barn similarly called le Whetebarne, another house called le Cartehouse, another barn called le Ote barne, and a barn called le Tythebarne parcel of le chefe manor place abovesaid were ruinous and in decay, viz., because at the time of the construction and [IMG 0972] and building of the same houses, stables, and barns, the same houses, stables, and barns were enclosed with boards for defense of the principal timber of the same houses, stables, and barns against winter storms [IMG 1588] which certain boards enclosing the stables and barns afterwards and before the time at which it is supposed the cutting of the abovesaid 7 elms and 56 oaks remaining to have happened by reason of the rain storms descending on them were rotten, corrupt and broken; and also a certain stable under le Armory Chamber similarly parcel of le chefe manor place abovesaid before the abovesaid time at which it is supposed the cutting of the abovesaid 7 elms and 56 oaks remaining to have happened was ruinous and in decay in the plankes and the square timber and under the planks and in the mangers there because the abovesaid planks, square timber, and the mangers of the same then were rotten, corrupt, and broken; likewise a certain hall parcel of a certain other messuage in which Henry Freman inhabits and a kitchen parcel of the same messuage and a certain hall parcel of a certain other messuage in which [blank] Bowes inhabits and one barn, one chamber, and a solar on the same chamber parcel of the same messuage before the abovesaid time at which it is supposed the cutting of the abovesaid 7 elms and 56 oaks remaining to have happened were ruinous and in decay in the grimsell studs and spars called sparres of the same halls, kitchen, barn, chamber and solar, whereby the same Griffin at the abovesaid time at which etc., cut down the abovesaid 7 elms and 56 oaks remaining for necessary repairs on and around the abovesaid houses, barns, stables, halls, kitchen, chambers, and solar to be made in the manner and form following, viz., for repair of the exterior parts or walls of the abovesaid house called the Bakehouse with 200 feet of planks and for the repair of the external parts of the abovesaid house called the Bruehouse with 1,000 feet of planks, and for the repair of the external parts of the abovesaid house called le Panterye there with 500 feet of planks, and for the repair of the external parts of the abovesaid stable called the Gestes Stable with 1,000 feet of planks and with 360 feet of planks for the planks of the same stable and with 180 feet of timber called the square tymber lying under the abovesaid planks as well as with 120 feet of planks for the mangers of the same stable, and for the repair of the external parts of another stable similarly called the Gestes Stable with 1,000 feet of plank and with 360 feet of plank for the planks there and with 140 feet of timber called the square tymber lying under the same planks, as well as with 90 feet of planks for the mangers of the same stable, and for the repair of the external parts of the same stable [IMG 1589] called the Carters Stable with 1,200 feet of planks and with 540 feet of planks for the planks there and with 180 feet of timber called Square Tymber lying under the same planks and with 160 feet of planks for the manger there, and for the repair of the external parts of the abovesaid barn by the Carters Stable with 1,000 feet of planks, and for the repair of the external parts of the abovesaid solar over the Gatehouse there with 400 feet of planks, and for the repair of the area called the Floore of the same solar with another 400 feet of planks, and for the repair of the external parts of the abovesaid house called the Garner with 600 feet of planks, and for the repair of the area called the Floore of the same house called the Garner with 400 feet of planks, and for the repair of the external parts of the abovesaid barn called the Whetebarne with 2,000 feet of planks, and for the repair of the external parts of the abovesaid other barn similarly called the Whetebarne with 2,500 feet of planks, and for the repair of the external parts of the abovesaid barn called the Otebarne with 2,500 feet of planks, and for the repair of the external parts of the abovesaid barn called the Tythebarne with 2,400 feet of planks, and for the repair of the abovesaid stable under the Armory Chamber with 480 feet of planks for the planks there and with 280 feet of timber called the Square Tymber under the abovesaid planks lying there and also with 140 feet of planks for the manger of the same stable, and also for the repair of the abovesaid hall of the abovesaid messuage in which Henry Freman inhabits with 200 feet of timber for the grimsells of the same messuage and with 300 feet of timber for spars called sparres of the same hall, and for the repair of the abovesaid kitchen with 200 feet of timber for the grimsells of the same kitchen and with 300 feet of timber for the spars called sparres of the same kitchen, and for the repair of the hall of the abovesaid hall of the messuage in which [blank] Bowes inhabits with 300 feet of timber for the grimsells of the same hall and with 200 feet of timber for the studs of the same hall and for the repair of the abovesaid barn parcel of the same messuage with 400 feet of timber for the grimsells of the same barn and with 300 feet of the timber for the spars called spars for the same barn, and for the repair of the abovesaid chamber parcel of the same messuage [IMG 0973] with 200 feet of timber for the grimsells of the same chamber, and for the repair of the area called the Floore of the abovesaid solar being over the abovesaid chamber with 400 feet of planks, and he repaired fully the abovesaid houses, barns, stables, chambers, and solar with the abovesaid 7 elms and 56 oaks remaining in the manner and form recited before, and this he is ready to verify, wherefore he seeks judgment if the abovesaid John Butler and Griselda ought to have their abovesaid action against him thereof etc. And as to the whole residue of the waste abovesaid supposed above to have been done in the abovesaid lands, houses, woods, and gardens remaining, the same Griffin says that he made no waste, sale, or destruction of those lands, houses, woods, and gardens remaining as the abovesaid John Butler and Griselda by writ and their narration abovesaid above suppose, and of this he puts himself on the countryside. And the abovesaid John Butler and Griselda similarly etc.

         And the abovesaid John Butler and Griselda as to the abovesaid first plea of the abovesaid Griffin pleaded above in bar to the abovesaid waste done in the abovesaid house, barns, shops and messuages specified in the same first plea, they say that they by anything alleged before in the same first plea ought not to be precluded from having their abovesaid action against him, because they say that before the abovesaid time of the abovesaid act of Parliament promulgated and at the same time of the promulgation of the same act the abovesaid houses, barns, shops and messuages specified in the same first plea were well and sufficiently covered and repaired without this that the timber of the same houses, barns, shops, and messuages by the rain storms descending on them at the time of the abovesaid act promulgated was rotten and corrupt for default of sufficient covering of the same as the abovesaid Griffin above alleged, and this they are ready to verify, wherefore since the abovesaid Griffin acknowledges above the abovesaid waste made in the same house, barns, shops, and messuages, the same John and Griselda seek judgment and their damages by occasion of the abovesaid waste done in the same to be adjudicated to them etc. And as to the abovesaid second plea of the abovesaid Griffin as to the cutting and sale of the abovesaid 800 oaks done in the abovesaid 12 acres of woods called Lammer Woodes and 80 oaks in the abovesaid place called Balardes and Redynges specified in the same second plea pleaded above in bar, the same John Butler and Griselda say that they by anything alleged before in the same plea ought not to be precluded from having their abovesaid action against him, because they say that those oaks at the abovesaid time of the cutting of the same were of the age of 21 years of growth, without this that the oaks growing and being within the abovesaid wood called Lammer Woodes and the abovesaid place called Balardes and Redynges of growth within the age of 20 years from the whole time abovesaid were accustomed to be cut and sold in whatsoever 16^th year as the abovesaid Griffin above alleged, and this they are ready to verify, wherefore since the abovesaid Griffin acknowledges above the cutting and selling of those oaks, the same John and Griselda seek judgment and their damages by occasion of the cutting and selling of those oaks to be adjudicated to them etc. And as to the abovesaid third plea of the abovesaid Griffin as to the cutting of the abovesaid 19 ashes done in Wheathamstead specified in the same third plea abovesaid pleaded above in bar, they say that they by anything alleged before in the same plea ought not to be precluded from having their abovesaid action thereof against him, because they say that the abovesaid Griffin from his own proper injury cut and sold the abovesaid 19 ashes without this that the abovesaid Griffin repaired the abovesaid bigas socas portas and le Hardelles occupied on the abovesaid manor of Lammer with those ashes as the abovesaid Griffin above alleged, and this they are ready to verify, wherefore since the abovesaid Griffin acknowledges the cutting of those ashes above, the same John and Griselda seek judgment and their damages by occasion of the cutting of the same ashes to be adjudicated to them etc. And as to the abovesaid fourth plea of the abovesaid Griffin as to the cutting of the abovesaid 5 elms of the abovesaid 12 elms and 4 oaks of the abovesaid 60 oaks specified in the same fourth plea pleaded above in bar, the same John Butler and Griselda say that they ought not to be precluded from having their abovesaid action thereof against him, because they say that the same 5 elms and 4 oaks at the time of the cutting of the same were living, green, and carrying foliage and fruits on the estate without this that the same elms and oaks at the time of the cutting of the same were dry and dead, neither carrying foliage nor fruits in summer nor were sufficient timber for making buildings thereof, as the abovesaid Griffin above alleged, and this they are ready to verify, wherefore since the abovesaid Griffin above acknowledges the cutting of those elms and oaks, the same John and Griselda seek judgment and their damages by occasion of the cutting of the same elms and oaks [IMG 1590] to be adjudicated to them etc. And as to the abovesaid fifth plea of the abovesaid Griffin as to the cutting of the abovesaid 7 elms of the abovesaid 12 elms remaining and the 56 oaks of the abovesaid 60 oaks remaining specified in the same fifth plea above pleaded in bar, the same John Butler and Griselda say that they by anything alleged before in the same plea ought not to be precluded from having their abovesaid action against him, because they say that the abovesaid Griffin from his own injury cut and sold the abovesaid 7 elms and 56 oaks remaining, without this that the same Griffin repaired the abovesaid houses, barns, stables, chambers, and solar specified in the abovesaid fifth plea with the abovesaid 7 elms and 56 oaks remaining as the abovesaid Griffin above alleged in the same fifth plea, and this they are ready to verify, wherefore since the abovesaid Griffin above acknowledges the cutting of those elms and oaks, the same John and Griselda seek judgment and their damages by the occasion of the cutting of the same 7 elms and 56 oaks remaining to be adjudicated to them etc.

         And the abovesaid Griffin as to the abovesaid first plea of the abovesaid John Butler and Griselda to the abovesaid waste above supposed to have been done in the abovesaid house, barns, shops, and messuages specified above in the same first plea, by replication pleaded as before says that the timber of the same houses, barns, shops, and messuages specified in the same first plea by rain storms descending on them at the abovesaid time of the abovesaid act promulgated was rotten and corrupt for default of sufficient covering of the same, as he alleged above, and of this he puts himself on the countryside. And the abovesaid John and Griselda similarly. And as to the abovesaid second plea of the abovesaid John Butler and Griselda to the abovesaid cutting and sale of the abovesaid 800 oaks in the abovesaid 12 acres of woods called Lammer Woodes and 80 oaks in the abovesaid place called Balardes and Redynges specified in the same second plea supposed to have been done above pleaded by replication, the same Griffin as before says that all the oaks growing and being within the abovesaid woods called Lammer Woodes and the abovesaid place called Balardes and Redynges of growth within the age of 20 years from time whereof memory runs not to the contrary have been accustomed to be cut and sold in whatsoever 16^th year as he above alleged, and of this similarly he puts himself on the countryside. And the abovesaid John Butler and Griselda similarly. And as to the abovesaid third plea of the abovesaid John Butler and Griselda to the cutting of the abovesaid 19 ashes in Wheathamstead abovesaid supposed to have been done above in the same third plea by replication pleaded, the same Griffin as before says that he repaired the abovesaid bigas socas portas and the Herdelles on the abovesaid manor of Lammer occupied with those 19 ashes as he alleged above, and of this similarly he puts himself on the countryside. And the abovesaid John Butler and Griselda similarly. And as to the abovesaid fourth plea of the abovesaid John Butler and Griselda to the cutting of the abovesaid 5 elms and 4 oaks supposed to have been done above specified in the same fourth plea pleaded by replication, the same Griffin as before says that the same elms and oaks at the time of the cutting of the same were dry and dead not carrying foliage or fruit in the summer and were not sufficient timber for making buildings thereof as he above alleged, and of this he similarly put himself on the countryside. And the abovesaid John Butler and Griselda similarly. And as to the abovesaid fifth plea of the abovesaid John Butler and Griselda to the abovesaid cutting of the abovesaid 7 elms and 56 oaks remaining specified in the same fifth plea supposed above to have been done by replication pleaded, the same Griffin as before says that he repaired the abovesaid houses, barns, stables, chambers, and solars with the abovesaid 7 elms and 56 oaks remaining as he above alleged, and of this he similarly puts himself on the countryside. And the abovesaid John Butler and Griselda similarly. Therefore as to the trial of the abovesaid issues, it is ordered to the sheriff that he should make to come here at one month after the day of St. Michael 12 etc., by whom etc., and who neither etc., to recognize etc., because both etc., and meanwhile etc. At which day the sheriff did not send the writ etc. Therefore it is ordered to the sheriff as before that he should make to come on the fifteenth day after the day of St. Martin 12 etc., to recognize in the abovesaid form etc., and meanwhile etc. At which day here came the abovesaid John Butler and Griselda and the abovesaid Griffin by their attorneys abovesaid. And the sheriff did not send the writ. And thereon here the same John Butler and Griselda say that after the last continuation of the abovesaid pleas, viz., after the month of St. Michael last past, from which day the abovesaid suit was last continued here until to this day, scilt., the abovesaid quindene of St. Martin then next following and before this day, scilt., [blank] day of November last past the now lord king by his letters patent committed to a certain Phillip Butler knight the custody of the abovesaid county, by pretext of which certain letters patent the same Phillip is sheriff of that county, which certain Phillip Butler is the father of the same John Butler and for that cause they seek a writ of the lord king of venire facias hic xij. etc., to be directed to the coroners of the lord king in the abovesaid county. And because the abovesaid Griffin does not deny but grants this etc., it is ordered to the coroners of the lord king in the abovesaid county that they should make to come here on the Octaves of St. Hilary 12 etc., by whom etc., and who neither etc., to recognize etc., because both etc., and meanwhile etc.