[001] and claim in this way. Let him say that though from such a time he and his [002] ancestors and his men of such a vill (or ‘they, such burgesses’) have been and ought [003] to be quit of tolls and other customary dues, both on land and sea, everywhere in [004] the realm of England, by the charters of the lord king and his ancestors, kings of [005] England, if they be merchants occupying themselves about their merchandise, [006] with the exception of such merchandise, they, the bailiffs, distrain him and his [007] men (or ‘such burgesses’) for the payment of toll and other customary dues [008] contrary to the aforesaid liberties, in such a way that they took from such a one [009] who sold such a thing so much by way of toll, and from such a one so much, [and [010] moreover they took such a one and imprisoned him or ‘beat and maltreated him’] [011] and as a result of such unlawful taking he (or ‘they’) has (or ‘have’) sustained [012] damage to such an amount. And to show that he has such liberties and ought to [013] be quit by charter of the lord king and his ancestors, kings of England, he tenders [014] the charter of such a king, made in such a year, month, and day of his reign, which [015] provides that among the other liberties he grants to such a one (or his ancestors) [016] he grants and confirms to him that he and his heirs and their men of such a vill be [017] quit and free of every toll and all secular customary dues that belong to him, in [018] every market place and in all fairs throughout the whole of his realm, both by sea [019] and land, wheresoever they may come, and through all his lands wheresoever he [020] is able to grant liberties. He also tenders the charter of such a one, another king, [021] made in such a year, month, and day of his reign, which confirms the first charter [022] by the same words, and in this way he may tender several charters of kings, the [023] king's ancestors. He also tenders the charter of such a one, the king who now reigns, [024] made in such a year, month, and day, by which he confirms all the previous [025] charters by the same words, and by which he also grants that if the aforesaid [026] person or persons or their ancestors have not used the said liberties for a time [027] and have thus lost them by non-use, that nevertheless they and their heirs may use [028] them freely and without hindrance in the future.
Of their reply to the plaintiffs' claim.
[030] And such a one, the mayor, and such persons, bailiffs, come and deny force and [031] injuria and the unlawful taking of toll and customary dues. And they say that [032] before any liberty had been granted to the burgesses who are plaintiffs or to their [033] ancestors by any king, and before those plaintiffs had vill or borough, market or [034] fair, or even
Volume 2, Page 171
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