| 1348.266ass |
1348 |
King's Bench |
Presentment for taking outrageous tolls |
Proces
Toll
Prescription |
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22 |
Edw. 3 |
Lib. Ass. 58 |
98b |
Thorp, William de CJKB
Thorp, William de CJKB
Richemund, Peter de Sjt RIchm' (for D) |
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Fitzherbert Toll 1
Brooke Prescription 88
Brooke Tolle 6 |
21 Hen. 7, fol. 16
Croke.
Eliz. 710
35 Hen. 6, fol. 29 (twice)
5 Hen. 7, fol. 10
cross-referenced in 1348.281ass = 22 Edw. 3, Lib. Ass. 73, fols. 101b |
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| Praes. fuit que lez Bailifs de Richmond av' pris outragious tolne en K. G. & auters lieux un fois plus, |
11 |
It was presented that the bailiffs of Richmond had taken outrageous tolls in K., G., and other places, one time more, other times less. They came and avowed the taking as through toll, used from time (immemorial). Thorp CJKB said that through toll could only be said to be a thing taken in oppression of the people, because one properly called it through toll where one passed through a vill on the high street, in which case taking a toll was not maintained by the law, because the usage was properly contrary to the common law and right, which could not be called usage, but there was a toll traverse which was properly called where one passed over the soil of another on a road, not a high street; in this case one could avow for such toll, if the thing had been used from time (immemorial), because in the high street of the king no man could avow the taking of through toll, because the high street was common to all, so that no one could avow more than another for the taking of through toll, by the saying of Thorp CJKB. Therefore the defendants said that the places where they took toll were not high streets; ready etc.
Through toll (toll paid to pass through two or more gates in a turnpike, OED) mentioned in 1330.198ss = 3 & 4 Edw. 3, Quo Warranto pl. [24], 97 SS 87-99 (Northampton Eyre) and 1330.248ss = 3 & 4 Edw. 3, Quo Warranto pl. [74], 97 SS 135 (b) (Northampton Eyre), and 1433.054 = Pasch. 11 Hen. 6, pl. 32, fol. 39b and 1456.087 = Mich. 35 Hen. 6, pl., 33, fol. 25b-29b and 1456.105ss = Mich. 35 Hen. 6, (case 29), 51 SS 114-118; Statham Tolle 4, fol. 178v, undated: Tronghtolle est lou home prent tolle dez bestez & merchandisez queux passonnt parmy le ville mesquez ils ne soient venduz &c. (Through-toll (Trongtolle) is where one takes toll of the animals and merchandise that pass through the vill, although they are not sold, etc.). Through toll in this sense is mentioned in 1346.300rs = Mich. 20 Edw. 3, pl. 107, RS 543-551. |
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