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justice_n	chief_a	lord_n	plea_n	5,523	5	9.8646	5	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A50662	A guide to surveyors of the high-ways shewing the office and duty of such surveyors, with several cases and resolutions in law relating to the same : collected and gathered out of publick acts of Parliament now in force, and out of the year-books, and other books of the municipal laws of this kingdom : with an abridgment of the statute of 22 H. 8 Chap. 5 for the repairing of bridges, with cases relating thereunto : and likewise a summary of the statutes made for paving, cleansing &c., streets, lanes, &c., in London and other towns and places, and an abstract of statutes made for the repairs of high-ways and bridges in particular places, methodiz'd into short chapters for the ready finding out any matter contain'd in the book / by G. Meriton, Gent.	Meriton, George, 1634-1711.	1694 (1694)	Wing M1799; ESTC R23533	92,726	194

f. 103. Poult High-ways 10 11. Wingate High-ways sect 11 Leets are to do and these Estrea●● shall be a sufficient warrant to th● Bailiff or High-Constable to levy th● ●id Fines by way of distress and if ●o distress can be found or the party ●bstinately refuseth and does not pay ●he Fine within twenty days after demand he or they shall then forfeit ●ouble so much and the Bailiff or High-Constable shall every Year be●wixt the first of March and last of April render to the Churchwardens of ●he Parish where the Offence is committed and who have the other part ●f the Estreats an account of the Mony received by him on pain of ●orty shillings and the Churchwardens Pain for not accounting Poult High-ways 10 11. Compl. J. 166 167 Wing ubi supra have power to call the Bailiff or High-Constable to account before two or more Justices of the Peace whereof one of them to be of the Quorum who have power to commit the Bailiff or High-Constable till he have paid ●ll the Monies received by him save ●ight pence in the pound for himself ●nd twelve pence in the pound for the Steward or Clerk of the Peace that made out the Estreats for their Fees which Monies are to be bestowed on Monies how to be bestowed Wing ibid. sect 10 ●he Repair of the High-ways of the Parish where the Offences were committed and the succeeding Church-wardens have the same power of cal●ing their predecessors to account as they had against the Bailiffs but th● Surveyors are now to present the d●faults upon this Statute and upo● 5 Eliz. 13. and 22 Car. 2. 12. within one month after any default ● And by the Statute 3 and 4 King Wi●liam and Queen Mary chap. 12. the● are to be presented every four months so see afterwards chap. 7. about Pr●sentments After the making of the Statute o● 18 Eliz. ch 10. 2 and 3 P. and M. some Scruples b●ing raised about such Persons as h●● a Plow-land lying in several Parish●● part in one Parish and part in anothe● where he should send his Draught an● about those who had several Plow-lands how they should be charged and some other Quaeres for resolving of which Doubts and explaining 〈◊〉 the said Act of Parliament it is enacted St. at large f. 609. Keb. f. 859. sect 2. Poult 12. Lamb. 474. Dalt 100. Wing High vvays sect 18. by the Statute 18 Eliz. That eve●● Person except such as dwell in th● City of London assessed at five pound● in Goods to the Subsidy or wort● forty shillings or above in Lands being none of the Parties chargeable fo● the amendment of High-ways by an● former Law but as a Cottager is to find two able Men yearly at the publick or common day-works to labour in the High-ways as by the Statute is Keb. ubi supra sect 3. 4. Poult 13 14. Dalt 99. Bond 110 111. Compl. Just p. 161. Wing ibid. sect 19. appointed And every person or persons occupying a Plow-land in Tillage or Pasture which lies in several Parishes is chargeable only in the Parish where he lives in the same manner as any person is having a Plow-land all in one Parish and he which keeps in his He vvhich keeps a Plovv-land in several Towns to send a Draught tö every Tovvn Wing ubi supra hands or possession several or divers Plow-lands as aforesaid in several or divers Towns shall be chargeable to ●ind in each Town or Parish where the Plow-lands being in his occupation do lie one Cart Wain Tum●rel Dung-pot or Court Sleads Cars ●r Drags furnished for the amendment and repair of the High-ways within the several Parishes where the said Plow-lands do lie as if he or they were a Parishioner dwelling there And in such places where there is no Keb. Stat. f. 1359. sect 8. 22 Car. 2. ch 12. Dalt f. 100. Bond 111. Wing High-ways sect 37 use of Cart and Teams for the amendment of High-ways but the usage ●s to carry materials for such amendment upon backs of Horses or by ●ny other kind of Carriages the In●abitants there shall send in such their ●orses as are accustomed to that kind of Labour and such their other Car●ages with able persons to work with the same in like manner and under the like penalties as is appointed for Carts and Teams If any fail to make their respective 22 Car. 2. ch 12. Keb. ubi supra sect 9. Dalt f. 102. Bond 111. Wing High-ways sect 38 day labours every year for and towards the repairing the High-ways or neglect to send their respective Carriages Horses and Carts as by Law they are respectively required the Surveyo●● are to make complaint thereof to the next Justices of the Peace who upon Oath thereof made by one Witness may levy by distress and sale of even person sailing or neglecting as aforesaid and not having a reasonable excuse to be allowed by the said Justice that is to say of the Goods an● Chattels of every day-labourer one sh●●ling and six pence and after that ra● for every Labourer that is to be se●● in and for every Man and Horse th●● shillings and for every Cart wi●● two Men ten shillings for every r●spective day they shall make defau●● rendring the overplus to the Owne● reasonable Charges being first deduc●ed which respective penalties so lev●● Wing ubi supra shall be imployed for and towards t●● repairing the High-ways in every respective Place and Parish Having shewed how those that o●cupy and keep a Plow-land are charg●ab●● to the repair of High-ways I shall now proceed to shew some Opinions what a Plow-land is and set down some Cases and Resolutions about this matter A Plow-land Hide or Carve of Co. Lit f. 69. 3. Co. Rep. 4. lib. f. 37. b. 9 lib. f. 124. a Dalt f. 104 105. Land being all one as some hold is not of any certain content but so much as one Plow by course of Husbandry may Plow in one year Tanta fundi portio quanta unico per annum coli poterat Aratro and so in some Countries it is more and in some less according to the heaviness or lightness of the Soil and herewith agreeth Mr. Lambart verb. Hide And Sir John In the Reign of King H. 6. Prisot Lord Chief Justice of the Common Pleas saith That a Plow may till more Land in a year in one Country than another and therefore it stands with reason that a Plow-Land should be less in one Country than another Vide in Hill and Granges Case Plo. Com 168. 6 E. 3. 42. 39 H 6. 8 vide 35 H. 6. f●l 29. And a Plow-land may contain a Messuage Wood Meadow and Pasture because that by them the Plowmen and the Cattel belonging to the Plow are maintained And venerable Bede calls a Plow-land familiam because it containeth necessary Things for the maintenance of a Family And Crompton in his Jurisd fol. 222. says A

Hide of Land being the same with a Plow-land contains one hundred Acres and that eight Hides make a Knights Fee but Sir Edward Cook holds That a Knights Fee a Hide or Plow-land a Yard-land or Oxgange of Land do not contain any certain number ●● Acres In ancient time a Plow-land was of the yearly value of five pound● and this was the Living of a Plowm●● or Yeoman Some differences arising upon seven D●lt J. P. ch 50. ● 104. Presentments what should be the Content of a Plow-land an Order of Explanation was made 1 Octob. 16. Jac. That an hundred Acres should be esteemed but afterwards in Ki●● Charles I's Time eight Acres was ●● be accounted a Plow-land and ●● proportionably to be charged for mening High-ways A Man that goes with two Draugh●● ●● that keep two or more Draughts ●●r his own use should s●nd as many to the am●ndment of the High way D●lt J. P. ch 50 ● 105. Compl Just p. 164 usually or more for the dispatch 〈◊〉 his own Husbandry and keeps pe●haps above an hundred Acres of T●● lage Land does usually send but o● Wain or Cart furnished to the comm●● day works for the amendment of th● High-ways and he that keeps but o● D●aught and hath but a small quantity of Tillage perhaps of what the other hath yet he is chargeable to send his Wain or Cart furnished to the same Work which by some hath been thought very hard therefore it hath been thought reasonable and warranted by the Statute that he that for his own private business shall usually make and set up two Draughts or Carts shall also for the King and Countries Services be chargeable with two Draughts or Carts though he occupy all his Land but with one Plow and the more Draughts he useth the greater damage he doth to the High-ways though a greater advantage accreweth to himself And Qui sentit commodum sentire debet onus He that doth Profit get At the Burden should not fret This matter in a like Case came in Dalt Compl. J. ubi supra debate in the Kings Bench in Michaelmas-Term 27 Car. 2. upon an Order made by the Justices of the Peace in Middlesex for charging several Brewers and Bricklayers living there and using several Draughts to send so many as they kept for the repairing of the High-ways and the Order being removed into the Kings Bench a Procedendo was awarded by the Lord Chief Justice Hales and the whole Court were all strongly of Opinion that so many Draughts as they kept so many they ought to send for so the service they will do will answer the wrong and damage by them occasioned in the High-ways If a Man occupieth a Plow-land in Dalt J. P. f. 105 106. Pasture for feeding of Cattel but keepeth neither Cart nor Plow yet the Words of the Statute seem to charge him to find a Cart ready furnished and two able Men and so he that keepeth a Draught for Carriage or a Plow though he occupieth little or no Land or Pasture in his own hands yet he is chargeable to find a Cart for the amending the High-ways although he keeps his Plow and Cart only to carry and plow for other Men but quaere saith Mr. Dalton whether he is chargeable to send two able Men with his Cart except he hath in his occupation a Plow-land for the● Statute seems not saith he to charge such a Man to send two able Men with his Cart and perhaps he keeps not a Man and then it were hard but if the Rule in Law hold absoluta sententia expositore non indiget then such a Person must send two able Men with his Cart for the words of the Statute 2 and 3 P. and M. chap. 8. are Every person for every Plow-land in Tillage or Pasture that he or she shall occupy in the same Parish and every other person keeping there a Plow or Draught shall find and send c. which is plain and back'd with another Rule in Law Generale dictum generaliter est accipiendum and then there is no excuse but he must send two able Men. And if this be an hard Case it is as hard that a poor labouring Man who is scarce able to get Bread for his Family should be as by the Statute he is compellable to go himself or send an able Labourer in his room to the common day works appointed for amending the High-ways when another Man in the same Town that keeps neither Plow-land nor Draught nor Cart and so comes under the denomination of a Cottager and perhaps is worth five or six hundred pounds is but to send two able Men. He that keeps a Cart for hire and Da●t J P●ch 50. f. 105. goes with one or two Horses must send his Cart to the amendment of the High-ways with so many Horses as he goes withal for hire to carry such Loads as they are able to draw It hath been as a Quaere by some Whether Ministers are to s●nd their Draughts to the common days works whether Ministers that keep a Plow Cart or Wain and a Draught to load their Tythes and till their Glebe be chargeable to send a Cart or Wain and two able Men to the amendment of the High-ways and it hath been the general Opinion that they are no● Co. 2 Inst f. 3. bound to send any for my Lord Cook saith That true it is that Ecclesiastical persons have more and greate● Liberties than other of the Kings Subjects wherein to set down all would take up saith he a whole Volume 〈◊〉 it self so he only doth instance and shew some few particulars viz. The● Co. 2 Inst f. 4. Marlb● ch 10. Briton p. 19. b. ●h 12. n. 40. Fl●ta lib. 2 ch 52 sect 7. But if they are chargable to pay towards the repairing of decayed Bridges by the words of the St. 22 H. 8. chap 5. which makes every Inhabitants I●able Co. 2 Inst f. 704. ought not in person to serve in Wa● nor are they to appear at Sheriff● Tourns or Views of Frankpledge and they ought to be quit and discharged of Tolls and Customs Average Pontage Pannage Paviage and the like and if they be molested or distraine● for any of these they may have Writ out of the Chancery for their discharge as appears by the Registe●● Regist f. 260. a. F. N B. f. 227. F. Degs Parsons Co. 4 Edition printed 1685 p. 122 123 and Fitzherbert Rex Ballivis sui● de B. salutem cum personae Ecclesiastica secundum consuetudinem hacte●s in Regno nostro usitatam ap●obatam ad Toloniam Pannagium Muragium c. de bonis suis Eccle●asticis alicubi in eodem Regno prae●and nullatenus teneantur vobis prae●pimus quod L. S. personam Ecclesiae 〈◊〉 W. ad Toloneum c. And when ●ny Charge is intended to be put upon them or their Spiritual Promoti●ns they are set down in express Terms and particularly named

pleasure but for no other Carriage by Cart shall Chimmage be taken no● of those that bear upon their Backs Brushment Bark or Coal to sell though they get their Livings by it except they take it in the Kings Demes● Woods An High-way in Latin is called via Co. Lit. 56. Dalt J. P. printed 1677. chap. 50. f. 98. vid. Fleta lib. 4. cap. 1. Bract. lib. 4. f. 232. Kitchin Court Leet c. printed 1585. p. 49. b. a vehendo from carrying in respect o● the Carriages passing to and fro therein and is defined to be transitus a loc● ad locum the passage from one plac● to another And although it be said in the Terms of the Law and by Mr. Blount that there are but two kinds of Ways yet my Lord Cook and others tell us that there are three kinds of Ways As first a Foot-way calle● Iter Quod est jus eundi vel ambuland hominis where a Man hath right to go and come and was the first or prime Way The second kind is both a Foot-way and a Horse-way which is called Actus ab agendo and vulgarly is called Pack and Prime-way because it is both a Foot-way which was the first or prime-way and a Pack or Drift-way also sometimes called a Bridleway and then the third kind is Via or Aditus which contains both the other two and also a Cart-way or Carriage-way for this is jus eundi vehendi vehiculum jumentum ducendi A publick way for Cart and Carriage and driving Cattel c. and this Way is two-fold viz. Regia Via the Kings High-way free for all Men and Communis Strata belonging to a City or Town or between Neighbours and Neighbours And Minshaw also out of Vlpian Dalt J. P. printed 1677. chap. 50. f. 98. makes three kinds of Ways Publicam Privatam Vicinalem a Publick-way a Private-way and a way of Vicinage or Neighbour-hood via publica quam Latini Regiam appellant a Publick-way is that called the Kings High-way via vicinalis quae in vicis est vel quae in vicos ducit these Ways of Vicinage are Ways between Street and Street Neighbour and Neighbour House and House in Cities and Towns via privata est quam agrariam dicunt A private way is reckoned to be a Field-way and these ways are of two sorts vel ea quae ad agros ducit per quam omnibus commeare licet either that way which leads into the Fields lawful for all Men to pass and repass go and come in vel ea quae est in Agris cui imposita est servitus it a ut ad Agrum alterius ducat or such a Way as is set out in the Fields to lead to another Mans ground And these private ways also which Terms of the Law and Blounts ●aw Dictionary 〈◊〉 Chimin one or more Men have either by Prescription or Charter through another Mans Grounds are likewise divided into a way in gross and a way appendant Chimin in gross is that way which a Man holds principally and solely in ●●●self as if a Man hires a Close or Pasture and hath a Covenant for ingre●● and regress to and from the said Clo●● through the Ground of some other Man through which otherwise 〈◊〉 might not pass this is a way in gross Or a way in gross may be that which the Civilians call personal as whe● one Covenants for a way through th● Ground of another Man for him and his Heirs And Chimin appendant 〈◊〉 way appendant is that way which a Man hath adjoyned to some other things as appertaining and belonging thereunto and may be that way which the Civilians call Real as where a Man purchaseth a way through the Ground of another Man for such as do or shall dwell in this or that House or that are the Owners of such a Mannor for ever c. And this is a way appendant to the said House or Mannor And it was said by Fairfax a Justice 5 H. 7. f 7. b pl. 15. Kitchin Court Leet c. printed 1585. p. 50. b. Bro. Chimin 14. of the Kings Bench that if a Man have Chimin appendant a way appendant to his Mannor or House that this way cannot be made in gross by Grant because none can have the benefit of such way but he that hath the Mannor or House to which the way is appendant but via Regia the Kings High-way may be made in gross because the Country may have the benefit of it notwithstanding that they have Tr. 10 Car. 1. ● R. per Curiam upon a Tryal at Bar upon an Information against Sir Edward Duncombe Cro. Car. f. 366. pl. 3. Rolls Cases 1 part f. 390. not the Land If there be a Common High-way for all the Kings Subjects which lies in an open Field uninclosed and it hath been used time out of Memory that when the said way hath been foundrous A. 10. 15. Dalt J. P. printed 167● ch 50. f. 98. Bon● Guide for J. P p. 110. and bad that then the People have used to go by Outlets upon the Lands adjoyning in this Case these Outlets are parcel of the way for the Kings Subjects ought to have a good Passage and the good Passage is the Way and not only the beaten Track for if the Lands adjoyning were sown with Corn the Kings Subjects the way being foundrous may go over the Corn. Where a Common High-way hath Cro. Car. ubi supra Rolls Cases 1 par 8. 390. B. 30. 35. 40. 45. Dalt J. P. ubi supra Compleat Justice printed 1681. p. 160. time without memory been used to be repaired by the Country If afterwards J. S. who hath Land not inclosed next adjoyning to the said High-way on both sides thereof and he for his own advantage doth inclose his Land on both sides of the way with an Hedge and Ditch he by this hath taken upon him to repair the said way for the future and hath freed the Country from the Reparation thereof so that at all times afterwards when need requires he must repair it and it is not sufficient for him to make it as good as it was at the time of the Inclosure but he ought to make it a perfect good way without having any respect to the way as it was at the time of the Inclosure for when the way laid in the open Fields not inclosed the Kings Subjects used when the way was bad and foundrous to go for their better passage upon the Fields adjoyning to the way out of the common Track of the way which liberty is taken away by the Inclosure And in Sir Nicholas Staughtons Tr. 22 Car. 2. B. R. Siderf Rep. 1 p. f. 464. pl. 8. Case it was said by the Chief Justice and not denied That if one inclose Land but on one side of the High-way which was anciently inclosed on the other side he which makes such new Inclosure must repair the whole way but if there