said river, at their free will and pleasure, and for their common benefit and advantage, and that A. P. late of, &c. together with divers other persons whose names are to the jurors aforesaid as yet unknown, on, &c. and on divers other days and times between that day and the finding of this inquisition, near to a certain ancient and long used and accustomed public and common landingplace for the landing of his majesty's liege subjects, from their respective ships, vessels, craft, wherries, and boats, in the parish of Milton next Gravesend, in the county aforesaid, then and there being, with force and arms, as well at the said parish of as in the parish of M. unlawfully, designedly, and injuriously, did cast and throw, and cause and procure to be cast and thrown, into and upon the bed, stream, course, and waterway of the said river of Thames, and common king's highway there, divers and very many large quantities of chalk, stone, dirt, and rubbish, to wit, twenty thousand tons of chalk, stone, dirt, and rubbish, thereby forming a great mound, wharf, and embankment, projecting and extending into, athwart, and across the bed, stream, course, and waterway of the said river and common king's highway there, to a very great extent and length, to wit, to the extent and length of forty feet, to wit, to the extent and length of twenty feet, in the said parish of G. and twenty feet in the said parish of M. and along the shore and bank of the said river and common king's highway there, to a very great extent and breadth, to wit, to the extent and breadth of other forty feet, to wit, twenty feet thereof in the said parish of G. in the county aforesaid, and twenty feet thereof in the said parish of M. in the county aforesaid, whereby, and by means whereof, the bed, stream, course, and waterway of the said river and common king's highway there, during all the [*636] time aforesaid, became, and was, and still is, greatly straitened and narrowed, and great quanties of mud, soil, sand, and gravel, during all the times aforesaid, accumulated, and still continue to accumulate, near and about the same mound, wharf, and embankment, and near and about the said ancient and long used and accustomed public and common landing-place, in and upon the bed," stream, course, and waterway of the said river, and common king's highway there, and the navigation of his majesty's liege subjects in and along the said river, and common king's highway there, was, during all the time aforesaid, and still is, greatly impeded and rendered less safe and secure than it before was, and otherwise would have been, and of right ought to be, and the landing of his majesty's liege subjects at the said ancient and long used and accustomed public and common landing-place there, was, during all the time aforesaid, and still is, greatly circumscribed, obstructed, and impeded, and rendered difficult and dangerous, to the great damage and common nuisance of all his majesty's liege subjects, in, along, and upon the said river and common king's highway there, passing, repassing, and navigating, and of all his majesty's liege subjects, landing from their said ships, vessels, craft, wherries, and boats, at the said ancient, long used, and common and public landing-place, and against the peace, &c.(1) ping an an tercourse, * That J. C. late of, &c. on, &c. with force and arms, at, &c. [*637] For stopa certain ancient watercourse adjoining to the king's highway, within the same parish, leading from the town of E. in the county cient wa aforesaid, towards and unto the city of London, with gravel and whereby other materials, unlawfully and injuriously did obstruct and stop the water overflow. up; * and the said watercourse, so as aforesaid, obstructed and ed the stopped up from the said, &c. until the day of the taking of this adjoining highway, inquisition, at, &c. aforesaid, unlawfully and injuriously did con- and datinue, by reason whereof the rain and waters that were wont and maged the same.(*) ought to flow and pass through the said watercourse, on the same [638] day and year aforesaid, and on divers other days and times afterwards, between that day and the day of the taking of this inquisition, did overflow and remain in the said king's common highway there, and thereby the same was, and yet is, greatly hurt, damaged, impaired, and spoiled, so that the liege subjects of our said lord the king through the same way, with their horses, coaches, carts, and carriages, then and on the said other days and times, could not, nor yet can go, return, pass, repass, ride, and labour, as they ought and were wont to do, to the great damage and common nuisance of all the liege subjects of our said lord the king through the same highway going, returning, passing, repassing, riding, and labouring, and against the peace, &c. (1) [This indictment contains three counts in the London edi. tion.] (k) Cro. C. C. 8th Ed. 306. and ante 621". and see precedent and note ante 632*. in the river tion.(/) For erect- That W. G. late of, &c. on, &c. with force and arms, at, &c. ing ledges and dams aforesaid, in and across a certain navigable river, being the king's common highway there, called the River Thames, otherwise the Thames, Thames, used for all the liege subjects of our said lord the king, and there with their barges, boats, and other vessels, to navigate, sail, pass, by injuring the naviga. and repass, in and along, at their free will and pleasure, unlawfully and injuriously did erect and place, and cause to be erected and placed, certain ledges and dams, to wit, two ledges and two dams, respectively, composed of wood, gravel, earth, and stones, and being of great height and length, to wit, each thereof five feet in height, and seventy feet in length, and the same ledges and dams, and each of them respectively, so as aforesaid erected and placed in and across the said river and highway, from the said, &c. until the day of the taking of this inquisition at, &c. aforesaid, he the said W. G. unlawfully, obstinately, and injuriously, did continue, and still doth continue, by reason whereof the liege subjects of our said lord the king, during all the time aforesaid, could not, nor can they now, navigate, sail, pass and repass, with their barges, boats, and other vessels, in and along the said river and highway, as they before used and were accustomed to do, and still of right ought to do, without great peril and danger [*640] of their lives, and the destruction and loss of their said barges, boats, and other vessels, to the great damage, &c. [conclusion as Second ante 639*.] And the jurors, &c. aforesaid, upon their oath aforecontinuing said, do further present, that the said W. G. afterwards, to wit, ledges and on the said, &c. and continually from thence until the day of the erected by taking of this inquisition, with force and arms, at, &c. aforesaid, two other ledges and two other dams, &c. [as in the first count] which had been before that time unlawfully erected, &c. unlawfully, obstinately, and injuriously, did continue, and still doth continue, the same so erected and placed, &c. [same to the end.] count for dams others. For a nui sance in diverting a water That from time whereof, &c. there has been and still is a common watercourse, near a certain place called T. within the parish of S. in the said county, which continually during all the said time, at all times of the year (m) hath run, and been used and acinto a pub- customed and of right ought without any obstruction or impedilic pond. course running (m) (2) Cro. C. A. 381. see precedent and notes ante 632°. (m) 4 Went. 223. see precedent and note ante 632". sure. ment, to run out of the land of B. S. called, &c. into and along the common highway, there leading from, &c. to, &c. and into a certain pond in the said common highway, there, and from the said pond into the lands of J. O. at which said watercourse and pond the inhabitants of the said parish of S. and all other his said majesty's subjects, in and through the said common highway passing and repassing, all the said time have used, and of right been accustomed to water their cattle at their free will and pleaNevertheless, the jurors, &c. present, that B. S. late of, &c. in the county aforesaid, and R. S. late of, &c. on, &c. with force and arms, at, &c. aforesaid, in and across the said watercourse, in the said highway there, a certain mound, bank, or dam, did then and there make, erect and build, and the same did raise so high that the said water in its said ancient course was obstructed, and into the said pond did not run as it was used, and accustomed, and ought to do, so that the inhabitants of the said parish, and all other his majesty's subjects, in and through the said common highway passing and repassing, were, and still are deprived of the use of the said pond and water for their cattle, and hindered from enjoying the same as they ought, and were wont to do, to the great damage and common nuisance, not only of all the inhabitants of the said parish of S. but of all other the liege subjects of our said lord the king, in and through the said common highway passing, and going, and against the peace, &c. [Second Second count like the first, only stating the pond alone as used by the inhabitants, and affected by the obstruction.] count. sance and there. * That a part of the river Thames lying and being in the parish For a nuiof E. within the county of K. is, and from time whereof, &c. obstruchath been a navigable, and an ancient, and common king's high- tion on the river way, there used for all the liege subjects of our said lord the Thames, now king, and his predecessors, with ships, barges, lighters, by keeping a ves. boats, wherries, and other vessels to navigate, sail, row, pass, and seỉ sunk repass, and labour in, upon, and along the same at their free will and pleasure, without any obstructions or impediments whatsoever. And the jurors, &c. do further present, that A. B. late of, &c. on, &c. and from thence continually, until the day of the taking of this inquisition at the parish aforesaid, in the county aforesaid, unlawfully and injuriously, a certain ship or vessel, before that time sunk in the said part of the said river, in the parish and county aforesaid, and in the said ancient king's high [*641] way, there, obstructing, straitening, and making dangerous the navigation, and free passage of, in, through, along, and upon the said part of the said river, and ancient and common king's highway, there, so that the liege subjects of our said lord the king, during all the time aforesaid, navigating, sailing, rowing, passing, repassing, and labouring with ships, barges, lighters, boats, wherries, and other vessels, in, through, along, and upon the said part of the said river, and ancient and common king's highway there, during all that time, could not, and yet cannot, navigate, sail, row, pass, repass, and labour with ships, &c. upon their lawful and necessary business, affairs, and occasions, in, through, along, and upon the said part of the said river, and ancient common king's highway, there, so safely, and in so convenient and commodious a manner, as of right they ought, and before had been used and accustomed to do, to the great danger, damage, and common nuisance of all the liege subjects of our said lord the king, during all the time aforesaid, navigating, sailing, rowing, passing, repassing, and labouring with ships, &c. in, through, along, and upon, the said part of the said river, and ancient and common king's highway there, or having occasion so to do, to the great obstruction of the trade and navigation of and upon the said river, and ancient and common king's highway there, in contempt, &c. to the evil example, &c. and against the peace, &c. For know INDICTMENTS, &c. FOR NUISANCES NEAR TO That T. G. late of, &c. yeoman, on, &c. and on divers other ingly keepdays and times, between that day and the day of the taking of ing an unruly bull this inquisition, unlawfully did keep at large, and still doth keep through at * large, a certain bull, of a very fierce, furious, and unruly nawhich ture, in a certain open field called C., situate, lying, and being at the parish of D., in the said county of M., (the same field, on the in a field there was [*642] (n) Cro. C. C. 8th Ed, 310. Cro, C. A. 362. |