Second count.

their said ships, vessels, craft, wherries and boats, at the said ancient, long used, and common and public landingplace, and against the peace, &c. And the jurors, &c. do further present, that the said A. P. together with the said divers other persons, whose names are to the jurors aforesaid as yet unknown, afterwards, to wit, on the said, &c. and on divers other days and times between that day and the finding of this inquisition, with force and arms, as well at the parish of G. as at the parish of M. in the county aforesaid, unlawfully, designedly, and injuriously, did cast and throw, and cause and procure to be cast and thrown, divers and very many other large quantities, to wit, twenty thousand other tons of chalk, gravel, soil and rubbish, into, and upon the bed, stream, course and waterway of the said river Thames, and common king's highway there, near to a certain other ancient, long used and accustomed public and common landing-place, in the said parish of M. thereby forming a certain other 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, twenty feet thereof in the said parish of G. and twenty other feet thereof in the said parish of M. and along the shore and bank of the said river, to a great extent and breadth, to wit, to the extent and breadth of forty feet, to wit, twenty feet thereof in the said parish of G. and twenty feet thereof in the said parish of M. whereby, &c. and by means [*637] whereof, the bed, stream, course, and waterway of the said river and common king's highway there, was, during all the time aforesaid, and still is, greatly obstructed, impeded, straitened, and narrowed, and rendered less safe and commodious to his majesty's liege subjects, in, upon, and along the said river and common king's highway there, passing, repassing, and navigating, with their ships, vessels, craft, wherries and boats, than the same otherwise would have been, and ought of right to have been, to the great damage, and common nuisance of all his Majesty's liege subjects, in, upon and along the said river and common king's highway there, passing, repassing, and navigating, and against the peace, &c. And the jurors, &c. do further present, that the said A. P. and the said divers other persons, whose names are to the jurors aforesaid as yet unknown, afterwards, to wit, on the said, &c. with force and arms, at the said parish of G. in the county aforesaid, and at the said parish of M. in the county aforesaid, unlawfully, designedly, and injuriously, did cast and throw, and cause and procure to be cast and thrown, divers and very great other quantities, to wit, twenty thousand other

Third

count.

tons of chalk, gravel, dirt, and rubbish, upon and into the bed, stream, course, and waterway of the said river of Thames, and common king's highway there, thereby forming a certain other large mound, wharf, and embankment, projecting from the bank of the said river into, across, and athwart the bed, stream, course, and waterway of the said river and common king's highway there, to a great extent and length, to wit, to the extent and length of other forty feet, (to wit) twenty feet, part thereof, in the said parish of St. G. in the county aforesaid, and twenty other feet in the parish of M. aforesaid, and along the said bank of the said river and common king's highway there, to a 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 other feet thereof in the said parish of M. to the great damage and common nuisance of all his majesty's liege subjects upon the said river and common king's highway there, passing, repassing, and navigating, in and with their ships, vessels, craft, wherries, and boats, and against the peace of our said lord the king, his crown, and dignity.

course,

ed the ad

maged the same. (•)

That J. C. late of, &c. on, &c. with force and arms, at, &c. For stopa certain ancient watercourse adjoining to the king's highway, ping an within the same parish, leading from the town of E. in the ancient county aforesaid, towards and unto the city of London, with watergravel and other materials, unlawfully and injuriously did whereby obstruct, and stop up; and the said watercourse, so as afore- the water said obstructed and stopped up from the said, &c. until the overflowday of the taking of this inquisition, at, &c. aforesaid, unlaw- joining fully and injuriously did continue, by reason whereof the rain highway, and waters that were wont and ought to flow and pass through and dathe said watercourse, on the same day and aforesaid, year 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.

(e) Cro. C. C. 8th Ed. 306. and note 632. and ante 621. and see precedent

[*638]

Crim. Law.

VOL. III.

K

er Severn,

the navigation, &c.

(P)

For plac[Commencement as ante 2.] That the river Severn, that is ing putts to say, a certain part of the said river lying and being in the in the riv- said county of G. is, and from the time whereof, &c. hath and there been an ancient river, and the king's ancient and common by ob- highway, for all the liege subjects of our said lord the king, structing and his predecessors, with their ships, barges, lighters, boats, wherries and other vessels, to navigate, sail, row, pass, repass and labour, at their will and pleasure, without any impediment or obstruction whatsoever. And the jurors, &c. do further present, that S. H. late of, &c. 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, in the county aforesaid, unlawfully, wilfully and injuriously, did erect, place, fix, put and set, in the said river, and king's ancient and common highway there, near a certain place, called, &c. a certain snare, trap, machine and engine, for the catching and taking of fish, commonly called putts, and composed of wood, wooden stakes, and twigs; and that he the said S. H. on the said, &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, the said snare, trap, machine and engine, called putts, unlawfully, wilfully, and injuriously, did continue, and still doth continue, so erected, placed, fixed, put and set in the said river and king's ancient and common highway aforesaid; by means whereof, the navigation and free passage of, in, through, along and upon the said river Severn, and the king's ancient [*639] and common highway there, on, &c. aforesaid; and the said other days and times, hath been, and still is, greatly straitened obstructed and confined, to wit, at the said, &c. so that the liege subjects of our said lord the king, navigating, sailing, rowing, passing, and repassing, and labouring, with their ships, barges, lighters, boats, wherries and other vessels, in, through, along, and upon the said river and king's ancient and common highway there, on, &c. aforesaid, and the said other days and times, could not, nor yet can go, navigate, sail, row, pass, repass and labour, with their ships, barges, lighters, boats, wherries, and other vessels, upon and about their lawful and necessary affairs and occasions, in, through, along, and upon the said river and king's ancient and common highway there, in so free and uninterrupted a manner as of right they ought, and before have been used and accustomed to do, to the great damage and common nuisance of all the liege subjects of our said lord the king, navigating, sailing, rowing, passing, repassing, and labouring, with their ships, barges, lighters, boats,

(p) Cro. C. C. 8th Ed. 301.2 Star- note ante 632. kie 661. see also precedent and

wherries and other vessels, in, through, along, and upon the said river Severn, and the king's ancient and common highway there, to the great obstruction of the trade and navigation up and upon the said river, in contempt, &c. to the evil, &c. and against the peace, &c.

and dams

That W. G. late of, &c. on, &c. with force and arms, at, For erect&c. aforesaid, in and across a certain navigable river, being ing ledges the king's common highway there, called the River Thames, in the ri otherwise the Thames, used for all the liege subjects of our ver said lord the king, with their barges, boats, and other ves- Thames, sels, to navigate, sail, pass and repass, in and along, at their and therefree will and pleasure, unlawfully and injuriously did erect ing the by injurand place, and caused to be erected and placed, certain navigaledges and dams, to wit, two ledges and two dams, respec- tion. (9) tively, 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 aud 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 of their lives, and the* destruction and loss of their said barges, [*640] boats and other vessels, to the great damage, &c. [conclusion as ante 639.] And the jurors, &c. aforesaid, upon their oath Second aforesaid, do further present, that the said W. G. afterwards, count, to wit, on the said, &c. and continually from thence until the tinuing day of the taking of this inquisition, with force and arms, ledges and at, &c. aforesaid, two other ledges and two other dams, &c. dams [as in the first count] which had been before that time unlaw- erected fully erected, &c. unlawfully, obstinately and injuriously, did by others. continue, and still doth continue, the same so erected and placed, c. [same to the end.]

for con

a water

That from time whereof, &c. there has been, and still is, a For a nuicommon water-course, near a certain place called T. within sance in the parish of S. in the said county, which continually during diverting all the said time, at all times of the year (r) hath run, and been used and accustomed, and of right ought, without any running obstruction or impediment, to run out of the land of B. S. into a pub lic pond.

(q) Cro. C. A. 381. see precedent and notes, ante 632.

(r) 4 Went. 223. see precedent and note, ante 632.

course

(r)

Second count.

[*641] For a nuisance and

obstruc

tion on the river

ing a vessel sunk there.

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 pleasure. Nevertheless, 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 count like the first, only stating the pond alone as used by the inhabitants, and affected by the obstruction.]

That* a part of the river Thames, lying and being in the parish of E. within the county of K. is, and from time whereof, &c. hath been a navigable, and an ancient and common king's highway, there used for all the liege subjects of our said lord the now king, and his predecessors, with ships, Thames, barges, lighters, boats, wherries and other vessels, to naviby keep gate, sail, row, pass and repass, and labour in, upon, and along the same, at their free will and pleasure, without any obstructions or impediment, 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 highway 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,