| 1455.062 |
1455 |
Common Pleas |
Case, Writ on the (Trespass on the Case) |
|
| Trin. |
33 |
Hen. 6 |
10 |
26a-26b |
Billyng, Thomas Sjt Billing (for D)
Wangford, William Sjt
Littleton, Thomas Sjt
Prysot, John CJCP Prisot
Moyle, Walter JCP Moile
Prysot, John CJCP Prisot
Moyle, Walter JCP Moile
Danvers, Robert JCP
Prysot, John CJCP Prisot
Moyle, Walter JCP Water Moile Moyle (mentioned twice)
Danby, Robert JCP (mentioned)
Danby, Robert JCP
Moyle, Walter JCP Water Moile (mentioned)
Prysot, John CJCP Prisot
Moyle, Walter JCP Water Moile
Danby, Robert JCP
Prysot, John CJCP Prisot
Wangford, William Sjt (for P)
Prysot, John CJCP Prisot |
Right |
John |
|
|
|
|
London (Londres)
D., hypothetical place |
|
Fitzherbert Accion sur le cas 13
Brooke Accion sur le cas 12, Nusans 3 (not in margin) |
|
|
| John Right suir un brief sur le cas envers plusors en Londres, &c. Et le brief voloit, ostensurus quare |
44 |
Plaintiff's writ complained that defendants built a wall blocking plaintiff's (right of) way to a church that plaintiff had by reason of his tenure.
Defendants pleaded that plaintiff counted that he had a way (chemin) from his house to a street (rue) next to the church, 'by reason of his tenure', and should have said 'appurtenant to his freehold'.
Plaintiff replied that 'his tenure' was as strong as 'his freehold'.
Prysot CJCP told (defendants?) that it (the writ?) appeared (to be good?) and told (defendants?) to be saved.
Moyle JCP argued that plaintiff should have brought an assize of Nuisance.
Prysot CJCP argued that against a stranger plaintiff would have a writ on his case.
Moyle JCP argued that plaintiff should have named who had the land over which his (right of) way ran.
Danby JCP argued that the writ was good, but that defendant could plead this.
Prysot CJCP argued that the writ contradicted itself because it stated both that plaintiff had a way and that plaintiff did not have a way because defendants' wall blocked it, so the writ was not good. |
Prysot CJCP: Il appert, save vous soit
Moyle JCP: Mes si le chemyn soit estreite (= narrowed), ou empaire auterment que fuit adevant, il auroit tiel brief 'sur son cas': mes ou il est tout auterment estope, issint que il ne puit user le chemin, c' est un disseisin; il n' appert mi per le brief en que le franktenement est del' bovel (transl. 'way') ou la nusans est suppose, que paraventure puit estre en le haut chemyn, en quel cas nul maner d' action gist, car c' est 'accio Popularis', & cesty que ad issint estoppe le haut chemyn le Roy sera presente al' Leet, & il ferra fine, &c. mes nul comon person ne puit aver action envers luy; Mes est loyal pur chescun a debruser le mure ou le nusance que est un comon nusance |
Sjt Littleton: if I am seised of 20 acres of land in D., and I grant to you 'all my tenures in D.' for a term of years, here you will not have the term, etc.
Moyle JCP: he (plainitff) should have an assize of Nuisance, because the writ says that defendant has built a certain wall so that plaintiff cannot use his way, which proved a disseisin of his way; if the way had been narrowed or made worse than it was before, then he could have such a writ on his Case, but where it is stopped completely, so that he cannot use his way, it is a disseisin; it does not appear by the writ who is the freeholder of the way (bovel) where the nuisance is supposed, because it might perhaps be the highway (haut chemyn), in which case no action of any kind lies, because it is a 'popular action' and he who has thus stopped the king's highway should be presented at he leet and fined, but no common person can have an action against him, though it is lawful for anyone to break down the wall where the nuisance is, if it is a common nuisance; and so he (plaintiff) ought to show who has the freehold, or else it will be understood by us that it is the highwasy
Prysot CJCP: if I have a way from my house across your land as far as a certain pasture of mine, and you stop the way, I will have an assize if you are tenant of the freehold of the way, but if some stranger does the same, of his own wrong, (that is, not by command of the freeholder), I will have a writ on the Case; if I have a way coming out of my land (mess-) across Moyle JCP's land and across Danby JCP's land and across various others' land to my freehold, and Moyle JCP stops his land so that I cannot pass over it, I will have an assize against him and against all the other tenants of the freehold in which I have the way; if Moyle JCP builds a wall so that I cannot pass over his land, I am stopped from passing over the others' land as well
Sjt Wangford (for P): it could be that we are still seised of the way but perhaps the wall is built 2 or 3 feet high, in which case we can get over the wall, and notwithstanding we are seised of the way, yet this is 'to our nuisance', etc. |
| J.H. Baker & S.F.C. Milsom, Sources of English Legal History (London, Butterworths 1986), pp. 584-585 (Right's Case) |
Suit
Ostensurus Quare
Way (cheminum)
Ratione Tenurae
Reason
Tenure
Church
Wall (murum)
Raising (levaverunt)
Judgment
Count
Street (rue)
Understanding (entende)
Term Of Years
Lease
Action
Form
Prescription
Right
Own Right
Recital
Lessor
Seisin
Fee
Appendant
Freehold
Estoppel
Stopping (estoppe)
Right Of Way (chemin)
Tenant
Tenant Of Freehold
Appurtenant
Liberum Tenementum
Strength (fort)
Word (mots)
Acre
Grant
Appearance
Saving
Seeming
Manner
Assize
Nuisance
Usage (user)
Proof
Disseisin
Narrowing (estreite)
Impairment (empaire)
Quare Via Artavis
Blocking (estoppe)
Obstruction (estoppe)
Always
House
Certainty
Pasture
Stranger
Wrong (tort)
Own Wrong
De Son Tort Demesne
Good Writ
Bad Writ
Way (bovel)
Supposition
Highway (haut chemyn)
Laying (gist)
Accio Popularis
Popular Action
King
King's Highway
Presentment
Leet
Fine
Person
Common Person
Lawfulness (loyal)
Breaking (debruser)
Common Nuisance
Showing
Prima Facie
Plea
Quod Permittat
Name
Issuance
Messuage
Hindering (estoppe)
Disturbance
Tantum
Against Reason
Repugnancy
Contradiction
Self-Contradiction
Rehearsal
Premise
Preamble
Beginning
Perclose
End
Bad (mal)
Height
Feet (pieds)
Foot (pieds)
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