doth uphold, maintain and continue, whereby the said common highway on the said, &c. and during all the time last aforesaid, was, hath been, and is greatly obstructed, narrowed and straitened, so that the liege subjects of our said lord the king, in, upon, and through the said highway, during all that time, could not, nor can now, go, return, pass and repass, as they ought and were accustomed to do, to the great damage and common nuisance of all the liege subjects of our said lord the king, going, returning, passing and repassing, in, and upon, and through the said common highway as aforesaid, with their cattle and carriages, and against the peace, &c. [Second count, stating the highway to be a certain lane, called W. Lane. Third count for the same nuisance to a footway. Fourth count for the same nuisance to a footway, called W. Lane. Fifth count for the same nuisance to a footway leading to the parish church, describing the way as ante 611, 12. Sixth count describing way a as footway across the grounds of the defendant, and enumerating the buildings, and stating the measure and extent as follows.] And the jurors, &c. do further present that the said R. D. on the said, &c. with force and arms, at, &c. aforesaid, unlawfully and injuriously did obstruct and stop up, and cause and procure to be obstructed and stopped up, a certain other public and common footway there, in, through, along and over a certain other close or piece of land there, in the possession of him the said R. D. used for all the liege subjects of our lord the king, to go, return, pass and repass, at their free will and pleasure, by then and there erecting, setting up and placing, and causing and procuring to be erected, set up, [*617] and placed in, upon, and across the said last mentioned* footway, divers, to wit, six walls, six erections, and six buildings made of bricks, mortar and other materials, and each and every of the said last mentioned walls, erections and buildings, being of a great length, breadth and height, to wit, of the length of ten yards, of the breadth of ten yards, and of the height of ten yards, and the said last mentioned footway so as aforesaid obstructed and stopped up, he the said R. D. upon and from the said, &c. until the day of the taking this inquisition, with force and arms, at the parish aforesaid, in the county aforesaid, unlawfully and injuriously hath continued and still doth continue, whereby the liege subjects of our said lord the king, during all the time last aforesaid, could not, nor can they now go, return, pass and repass, in, through, over and along the said last mentioned footway, as they before used and were accustomed to do, and still of right ought to do, to the great damage, &c. [conslusion as ante 608.] or porch That J. K. late of, &c. mariner, on, &c. at, &c. in and upon For buildthe king's common highway, there leading from a certain ing a shed gate of the town of S. called E. gate to a certain gate of the projecting said town called G. gate, erected and set up and built, and on highcaused to be erected, set up and built, one shed, one porch, way. (") and thirteen feet of paling, and by the said porch and paling took in, encroached and stopped up, a certain part of the king's common highway aforesaid, containing in length seventeen feet and upwards, and in breadth two feet and upwards, and by the said shed took in, encroached and stopped, a certain other part of the same king's highway, containing in length eight feet and upwards, and in breadth three feet, and the same part of the said king's common highway so encroached, took in and stopped up, he the said John continued from the said, &c. to the day of taking this inquisition, to the great damage, &c. [conclusion as ante 608.] merly e across a the same That long before and at the time of the committing of the For cof nuisance and offence hereafter mentioned, there was and yet tinuing a is a certain common and ancient pack and prime (t) way, hedge forleading from, &c. to, &c. for all the liege subjects of our lord rected by the king and his ancestors, on horseback and on foot, to go, a person return, pass, repass, ride, labour, and drive their cattle, at unknown their free will and pleasure, and that on, &c. at, &c. a cerpack and tain hedge had unlawfully been erected and fixed across the prime way same pack and prime way, there leading through a certain whereby land called and known by the name of the B., by certain per- was totally sons, (to the jurors aforesaid as yet unknown) whereby the obstructsame pack and prime way was greatly obstructed and stop- ed. (8) ped, so that the liege subjects of our said lord the king by the [*618] same way, with their horses and cattle, could not then go, return, pass and repass, ride and labour, as they had been used and accustomed to do from time immemorial; and that G. M. late of, &c. the said hedge so as aforesaid erected and fixed across the same pack and prime way, on, &c. aforesaid, and from that day until the day of the taking of this inquisition, with force and arms, at, &c. aforesaid, voluntarily and obstinately did uphold, maintain and continue, whereby the same pack and prime way, during the time last aforesaid, was and yet is so much obstructed and stopped up, that the liege subjects of our said lord the king during all that time were and still are hindered, retarded and obstructed, in passing and repassing through the same pack and prime way (r) Pleader's Assistant, 424. See also precedent and notes ante (8) See precedent, Cro. C. C. 8 Ed. 307, and the precedent and note, ante 607, &c. and the prece dent for not repairing a pack way, (t) See explanation of these there, to the great damage and common nuisance of all the liege subjects of our said lord the king, through the same way going, returning, passing, repassing, riding and labouring, to the evil example, &c. and against the peace, &c. For con- That N. P. late of, &c. on, &c. and continually afterwards tinuing a until the day of taking this inquisition, with force and arms, gate on an highway. at, &c. across the king's common highway, near the lower (u) end of a certain street or lane commonly called S. street, leading from the parish church of P. to the Salls, there often overflowed by the sea, did and still doth wilfully, voluntarily and obstinately, uphold, maintain and continue, a certain gate, posts, rails and fence, and the king's common highway aforesaid, by means thereof, hath not only unlawfully inclosed, but also obstructed and stopped up, so that the liege subjects of our said lord the king, in, by, and through the king's common highway aforesaid, could not during the time aforesaid, nor yet can go, return, pass and labour, as they ought and were wont to do, to the great damage, &c. [conclusion as ante 608. Second count like the first, except that it described the nuisance as " a fence of posts and rails."] For stop- [Commencement as ante 2.] That long before and at the ping up a time hereinafter next mentioned, there was, and from thence public footway, hitherto hath been, and still is, a certain public and common footway in the parish of M. in the county of S. leading from stating the the village of M. in the county aforesaid, towards G. in the mode. (x) same county, for all the liege subjects of our said lord the [*619] king, to go, return, pass and repass,* on foot, at their free will without and pleasure, and that D. I. late of, &c. on, &c. with force and arms, at, &c. aforesaid, unlawfully and injuriously obstructed and stopped up the said footway there, and the same so unlawfully and injuriously obstructed and stopped up, from the same day and year aforesaid until the day of the taking of this inquisition, wrongfully and injuriously did keep and continue, whereby the liege subjects of our said lord the king, during all that time, were and have been greatly hindered, retarded and obstructed, in passing and repassing in and along the said footway, to the great damage, &c. [conclusion Four other as ante 608.] Second stating the footway to lead from a certain public and common street in the village of M. aforesaid, to G. aforesaid. Third stating, that there is a certain public and common footway in the parish aforesaid, in the county aforesaid, for all the liege subjects &c. Fourth that there now is, and from time immemorial hath been, a certain public and common highway, leading from counts. (u) See a form 4 Wentw. 198, and see the precedent and note, ante 607 to 610. (x) See precedent and notes, ante 607 to 610. the village aforesaid, to G. aforesaid, for all the liege subjects, &c. with their horses, carts and carriages, to go, &c. and that defendant afterwards, to wit, on, &c. with force and arms, at the parish aforesaid, unlawfully, &c. Fifth that long before and at the time hereinafter next mentioned, there was, and from thence hitherto hath been, and still is, a certain other public and common highway in the parish and county aforesaid, for all, &c. and on the (૪) [Describe the way as ante 576.] And that J. S. late of, For mak&c. and T. P. late of, &c. on, &c. with force and arms, at, ing holes &c. aforesaid, dug, sunk and made, and each of them then in, under, and there dug, sunk and made, and caused and procured to sides of be dug, sunk and made, divers large and dangerous holes, common that is to say, forty holes of great depth and circumference, footway. in, under and close to the sides of the said common footway, to wit, ten of the holes aforesaid in the same footway there, each and every of them then and there containing a great number of yards in depth and circumference, to wit, three yards in depth and ten yards in circumference, ten other holes, part of the said holes first above mentioned, under and heneath the said common footway there, each hole thereof then and there containing respectively another great number of yards in depth and circumference, to wit, three yards in depth and ten yards in circumference, and the residue, that is to say, twenty other of the holes first mentioned contiguous and close to the sides of the same common footway there, and in no wise secured or fenced round every hole of the * said residue of the said holes then and there, containing [*620] another great number of yards in depth and circumference, to wit, three yards in depth and ten yards in circumference, and that they the said J. S. and S. H. then and there did, and each of them then and there did, unlawfully, wrongfully, wilfully and injuriously, continue and permit to be so kept open the said several holes above mentioned as aforesaid, in nowise secured or fenced round for a long space of time, to wit, from the same day and year aforesaid, until the day of the taking of this inquisition, and the same still remains so kept open, by reason whereof the liege subjects of our said lord the king, during all the time last aforesaid could not, nor can they now go, pass, repass and travel on foot, along, in and through the same common footway, without very great danger of losing their lives and limbs in passing therein, to the very great danger, terror, damage and common nuisance of all his said majesty's subjects, passing, repassing and travelling on foot, in and along the same way there, and against the peace, &c. (y) Cro. C. C. 8th Ed. 314. Cro. ante 607 to 610. C. A. 379, and precedent and notes, For digg in a public That A F. late of, &c. on, &c. with force and arms, at, ing a hole &c. aforesaid, in a certain street, being the king's common street. (2) highway, there called, &c. (used for all the king's subjects, with their horses, coaches, carts and carriages, to go, return, ride, pass, repass and labour, at their free will and pleasure,) unlawfully and injuriously, did dig, and cause to be dug, a certain pit, containing in circumference fifteen feet, and in depth thirteen feet, and the same pit so as aforesaid dug, and caused to be dug, in the street and highway aforesaid, from the said, &c. until, &c. at, &c. aforesaid, unlawfully and injuriously did continue, by reason whereof, the king's subjects, during the time aforesaid, could not go, return, pass, repass, ride and labour, with their horses, coaches, carts and carriages, in, by and through the same street and highway as they were wont and ought to do, without great peril and danger of their lives, to the great damage, &c. [as ante 608.] For digging a horse pond, and cistern in a common passage. (a) That W. C. late of, &c. on, &c. with force and arms, at, &c. aforesaid, to wit, in a certain passage and common footway there, called Boar's-head Yard, (being the king's comerecting a mon highway, used for all the king's subjects, to go, return, pass and repass on foot, at their free will and pleasure,) unlawfully and injuriously, did dig and make, and cause to be dug and made, a certain horse-pond, containing in length twelve feet, in breadth six feet, and in depth six feet; and that the said W. C. on the said, &c. with force and arms, at, &c. aforesaid, to wit, in the same passage and common high[*521] way, unlawfully* and injuriously, did erect, put and place, and cause to be erected, put and placed, a certain wooden cistern, containing in length five feet, and in breadth twenty inches; and that the said W. C. the said horse-pond, so as aforesaid dug and made, and also the said wooden cistern, so as aforesaid erected, put and placed, from the said, &c. until the day of the taking of this inquisition, with force and arms, at, &c. aforesaid, unlawfully and injuriously did continue, and yet doth continue; by means whereof the same passage and common footway, for and during the whole time aforesaid, was so obstructed, and was and yet is so dangerous, that the liege subjects of our said lord the king, through the same passage and common highway, could not, nor yet can go, return, pass and repass, so freely and safely as they ought and were wont and accustomed to do, and still of right ought to do, to the great damage, &c. [conclusion as ante 608.] (z) Cro. C. C. 8th Ed. 303, 7th Ed. 524. See also precedent and notes, ante 608 to 610. (a) Cro. C. C. 8th Ed. 304. See precedent and note, ante 608 to 610. |