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(Edward I Yearbook; Pleas in Common Bench, p. 306).

1292. “One Adam brought (suit against the town bailiffs) and said that they had tortiously taken his chattels in the town of Gloucester, in the high street, and had taken them away to their toll-booth in the same town tortiously ... bailiffs of the town averred the taking as good; by reason that the custom of the town of Gloucester is this, that no one unless he be a freeman of the town may cut cloth in the said town, but that he can only sell it by the piece; yet nevertheless Adam, who is not a freeman of the town, came and cut his cloth in opposition to the custom.... Adam put forward a charter which witnessed that the king had granted to him that he might cut cloth in the same way as other freemen.”

(Edward I Yearbook. Hereford Iter.)

1292. One Adam demanded a debt by tally and offered suit.

Counsel We do not think that he ought to be answered on a bit of wood like that, without writing.

Adam What answer you to the tally?

Counsel Prayed judgment if he ought to be answered, inasmuch as he offered suit, and then failed to produce it.

Note 1. That one shall not be answered on a tally without suit.

Note 2. Note that by Law Merchant one can not wage his law against a tally; but if he deny the tally, the plaintiff must prove the tally.