ter in a overflow ed the [Describe the highway as ante 576.] And the jurors, &c. Indictfurther present, that there now is, and from time whereof, &c. ment for there hath been a certain watercourse running and flowing cutting a gap in a through and under a certain bridge, called A. bridge, to wit, bank, at, &c. aforesaid. And the jurors, c. do further present, which conthat A. B. late of, &c. aforesaid, and C. D. late of, &c. afore- fined wasaid, on, &c. at, &c. aforesaid, did unlawfully cut into, dig water away, and remove, and cause to be cut into, dug away, and course, removed, great part of a certain bank, dam, or mound of earth, whereby then and there lying and being on the east side of the said the water watercourse near to the said bridge, and between the said ed a highwatercourse, and a certain ditch or watercourse on the south way adside of the said highway, and unlawfully and injuriously kept joining, and continued, and caused to be kept and continued, the said and injurpart of the said bank, dam, or mound of earth, so cut into, road. dug away, and removed as aforesaid, for a long space of time, to wit, from thence until the day of taking this inquisition, whereby divers large quantities of water, during the time aforesaid, to wit, on, &c. and on divers other days, &c. were diverted and turned from the usual and accustomed course and channel, and ran and flowed from and out of the said watercourse into the said ditch, on the south side of the said highway, and from thence into, upon, and over the said highway, and greatly overflowed, damaged, and spoiled the same, so that the liege subjects of our said lord the king could not, during the times last aforesaid, go, return, pass, ride, and labour, in and upon, over and along, the said highway, on foot, or with horses, carts, or carriages, as they were before used and accustomed to do, without great danger of their lives, and the loss of their goods; to the great damage, &c. [conclusion as ante 608.] night men That* A. H. late of, &c. and H. A. late of, &c. on, &c. Against with force and arms, at, &c. in a certain common street there, for laying being the king's highway, called P. street, (used for all the soil in the king's subjects, with their horses, coaches, carts, and car- streets. (b) riages, to go, return, ride, pass, repass, and labour, at their [*622] free will and pleasure,) unlawfully and injuriously did pour out, discharge, place, and leave, and cause to be poured out, discharged, placed, and left, a great quantity of dung, human excrement, and other filth, by reason of which divers hurtful and unwholesome smells and stenches from the said dung, excrement, and other filth, did then and there arise, and thereby the air there became and was then and there greatly corrupted and infected, to the great damage, &c. [conclusion as ante 608.] (b) Cro. C. C. 8th Ed. 303. See precedent and note ante. Crim, Law. VOL. III. H For shoot That F. F. late of, &c. on, &c. with force and arms, at, &c. ing dirt in aforesaid, in a certain common footway there, leading from a footway. that part of M. green, which is in the parish aforesaid, in the (c) county aforesaid, towards and unto the parochial church of the same parish, in the said county, did unlawfully and injuriously put, place, and lay, and cause to be put, placed, and laid, two cart loads of dirt and other filth, and the said dirt and filth, in the said footway, from the said, &c. until the day of the taking of this inquisition, at, &c. aforesaid, unlawfully and injuriously did permit and suffer to be and remain, by reason whereof the footway aforesaid, during the time aforesaid, was, and yet is, greatly obstructed and straitened, so that the liege subjects of our said lord the king, through the same footway, could not, during the time aforesaid, nor yet can go, return, pass, repass, and labour, as they ought and were wont to do, to the great damage, &c. [conclude as ante 608.] party in conse quence. (d) For laying That C. P. late of, &c. on, &c. with force and arms, at, &c. rubbish in aforesaid, in a certain public square, and the king's common a square, highway there, called L. fields, did, unlawfully and injuriously whereby a coach was put, place, and lay, and cause and procure to be put, placed, overturn and laid, divers large quantities of dirt, earth, rubbish, soil, ed, stating and bricks, to wit, c. [state the quantities,] and the said dirt, death of a earth, rubbish, soil, and bricks, in the said square and king's common highway there, from the said, &c. in the year aforesaid, until the day of the taking of this inquisition unlawfully, and injuriously did continue, and still doth continue, without [*623] any inclosure or fence whatsoever, and without any light hung out or placed in the night time, to prevent the damage that might happen to the subjects of our said lord the king, with their horses, carts, and other carriages, passing and repassing through the said square and king's highway, whereby the liege subjects of our said lord the king could not, during the time last aforesaid, pass and repass through, and along the said square and king's highway, without great danger of their lives, and the loss of their goods. And the jurors, &c. do further present, That on, &c. about the hour of ten, in the night of the same day, at, &c. aforesaid, one J. S. then servant to one S. T. widow, was driving two horses, drawing a certain coach, through and along the said square and king's common highway, (in which coach the said S. T. then and there was) and the said S. T. in so passing through and along the said way in the said coach, was then and there, by means of such dírt, earth, rubbish, soil, and bricks, so put, placed, and laid as aforesaid, overturned and prostrated, and (c) Cro. C. C. 7th ed. 532. and see precedent and notes, ante 606 to 610. (d) Cro. C. C. 8th ed. 315. and precedent and note, ante 606 to 610. thereby so greatly hurt, bruised, and wounded, that she the said S. T. afterwards, to wit, on, &c. at, &c. aforesaid, of such hurts, bruises, and wounds, died; and also by means of such overturning the said coach as aforesaid, as well the said J. S. who drove the said coach, as also J. H. esquire, G. T. M. the wife of M. B. esquire, and S. J. spinster, then being in the said coach, were put in great danger of losing their lives, or of receiving some bodily hurt, to the great damage not only of the said T. S., J. H., G. T., M. B., and S. J., but also to the great damage and common nuisance of all the liege subjects of our said lord the king, with their horses, carts, and other carriages, in, by, through, and along the said square and king's common highway, during the time aforesaid, going, returning, passing, riding, and labouring, and against the peace, &c. in a carri age way to pavement. [*624] That on, &c. there was, and from thence hitherto there For laying hath been and still is, a certain common way, leading from dung and the town of B. in the said county of S. to the parish church rubbish of B. aforesaid, there, for all the inhabitants of the parish of B. aforesaid, to go, return, pass and repass, on foot and on a church, horseback, and with their coaches and carriages, for the at- and diggtending and hearing of divine service in the same parish ing up the church, and that H. F. late of, &c. on, &c. and on divers (e) other days and times, as well before as afterwards, with force and arms, at, &c. aforesaid, in and upon the said way there, unlawfully and injuriously put, placed, and laid, and caused and procured to be put, placed and laid, divers large quantities of dung, muck, straw and rubbish, that is to say, twenty cart* loads of dung, twenty cart loads of muck, twenty cart loads of straw, and twenty cart loads of rubbish, and the said dung, muck, straw and rubbish, so put, placed, and laid as aforesaid, continually from the said, &c. until the day of the taking of this inquisition, hath permitted to be and remain, and still doth permit to be and remain, and obstinately continued, and still doth continue the same, in and upon the said way there, by reason whereof the said way hath, for all the time last aforesaid, been straitened and obstructed, insomuch that the said inhabitants of the said parish could not, during all the time last aforesaid, nor can they now go, return, pass and repass, from the said town of B. to the parish church aforesaid, in, along, and through the said way there, as they ought and were used and accustomed to do, and still of right ought to do, but during all the time last aforesaid were, and still are greatly obstructed and hindered in the use and enjoyment of the said way there, to the great grievance and common nuisance of all the inhabitants of the said parish, (e) Cro. C. C. 389. see precedent and notes, ante 606 to 610. Second count for digging up the pave ment. Third count for going, returning, passing, and repassing, in, along, and through the said way there, and against the peace of our said lord the king, his crown and dignity. And the jurors aforesaid, upon their oath aforesaid, do further present, That the said H. F. afterwards, to wit, on, &c. and on divers other days and times between that day and the day of the taking of this inquisition, with force and arms, at, &c. aforesaid, unlawfully and injuriously dug up, rooted up, and destroyed, and caused and procured to be dug up, rooted up, and destroyed, divers, to wit, ten yards of the pitching or pavement in the said way, so leading from the said town of B. to the parish church of B. aforesaid, whereby the said way, during all the time last aforesaid, became and was, and still is broken, ruinous, miry, deep, and in such decay, that the said inhabitants of the said parish of B. during all the time last aforesaid could not, nor can they now go, return, pass, repass, and ride, with their horses and carriages, in, through, over, and along the said way there, as they were used and accustomed to do, and still of right ought to do, but ever since the said, &c. have been and are greatly obstructed and hindered in the use and enjoyment of the same way, to the great damage and common nuisance, &c. [as in the first count.] And the jurors, &c. [describe the way as a public general way, from the destroying the pavetown of B. to the town of C. as ante 576.] and that the said H. ment, &c. F. afterwards, to wit, on the said, &c. and on divers other days stating the and times, between that day and the day of the taking of this place to be inquisition, at, &c. aforesaid, unlawfully and injuriously dug highway, up, rooted up, and destroyed, and caused and procured to be dug up, rooted up, and destroyed, divers, to wit, ten yards* [*625] of the pitching or pavement of the said king's highway, and put, laid, and placed, and caused and procured to be put, laid, and placed, divers large quantities of dung, muck, straw, and rubbish, to wit, &c. in and upon the said last mentioned way there, and the said last mentioned dung, muck, straw, and rubbish, so put, laid, and placed as aforesaid, continually from the said, &c. until the day of the taking of this inquisition, hath permitted to be and remain, and still doth permit to be and remain in and upon the said king's highway there, whereby the said king's highway, during all the time last aforesaid, hath been and still is so ruinous, wet, deep, and miry, that the liege subjects of our said lord the king, during all or any of the time last aforesaid, could not, nor can they now travel, pass and repass, with their cattle and carriages, in, through, over, and along the said king's highway there, as they before were used and accustomed to do, and of right ought to have done, and still of right ought to do, but during all the time aforesaid were, and still are, wrongfully and injuriously obstructed and hindered in the use and enjoyment a public &c. of that way, to the great damage, &c. [conclusion as ante 608.] arms, timber or other obstructions That A. O. late of, &c. on, &c. and on divers other days For laying and times, as well before as afterwards, with force and at, &c. in and upon the king's common highway, there leading from, &c. unto, &c. divers great pieces of timber, put and in the high placed, and caused to be put and placed, and the same great way. (ƒ) pieces of timber, so as aforesaid put and placed, from the aforesaid, &c. until the day of exhibiting this information, in and upon the king's common highway aforesaid, to be, lie, and remain, hath permitted, and doth still permit, to the great damage, &c. [conclude as ante 608.] carts for Middlesex. That K. L. late of, &c. labourer, on, &c. in, For plac&c. with force and arms, at, &c. aforesaid, to wit, in the ing two common and public street, there called C. street, (the same selling street then and there being the king's common highway, goods in a there used by all the liege subjects of our said lord the king, public with their horses, coaches, carts, and carriages, to go, re- street. (g) turn, pass, repass, ride, and labour, at their free will and pleasure,) (h) unlawfully and injuriously did put and place, and cause, and procure, to be put and placed, two carts for the selling and exposing to sale of pease, in the shells, and the said carts, in the same street, and common highway, on, &c. aforesaid, for the space of three hours, at, &c. aforesaid, unlawfully and injuriously did cause to be and remain, whereby the said street, and common highway, during the time last aforesaid, was very much obstructed and straitened, so that the liege subjects of our said lord the king, could not through the same street and common highway, during the time in that behalf aforesaid, go, return, pass, repass, labour, ride and labour, with their horses, coaches, carts and carriages, as they ought, and were wont and accustomed to do, to the great damage, &c. [Conclusion as ante 608.] [*626] remain in That H. F. late of, &c. and on divers other days and times For sufferbetween that day and the day of the taking of this inquisition, ing empty with force and arms, at, &c. in a certain street there, called drays to L. street, being the king's common highway, there used for a street, all the king's subjects, with their horses, coaches, carts, and whereby carriages, to go, return, ride, pass, repass, and labour, at their passage free will and pleasure, unlawfully and injuriously did put put and (h) This is not necessary. was obstructed. (i) |