Bracton: Thorne Edition: English. Volume 3, Page 194

Harvard Law School Library

Bracton Online -- English

Volume 3, Page 194

Next

Go to Volume: Page:

[001] of such a vill which he ought to have in it, as he says, and as he may reasonably etc.’
[002] And so of a fishery.

Writ of fishery.

[004] ‘We order you to justice such a one that rightfully etc. he permit such a one to have
[005] his common of fishery in his water of such a vill which he ought to and is accustomed
[006] to have, as he says, as he may reasonably etc.’ The writ directed to the sheriff for
[007] having of reasonable estovers, that he justice, as above. There is also a writ of covenant
[008] directed to the sheriff, that he justice, as below. The sheriff's duty in this connexion
[009] is to cause the hundred or wapentake to assemble in the presence of the
[010] parties. Then let him see in whose land or tenement the new work has been made. If
[011] in the land of the defendant [and] it is found to have been done wrongfully and to the
[012] nuisance of the plaintiff's free tenement, and that is established by the jury, let the
[013] sheriff, by the view of the recognitors, cause the harmful thing to be removed¹ at
[014] the cost of the offender,² and [the thing] made as it used to and ought to be. If the
[015] king wishes that nuisances of this kind be determined before his justices, let a writ
[016] then be drawn in this form.³

If before the justices, then thus.

[018] ⁴‘The king to the sheriff, greeting. Such a one has complained to us that such a one
[019] has wrongfully etc. raised a certain bank (or some other thing, as above in the first
[020] writ, in order)⁵ in such a vill to the nuisance of his free tenement in the same vill (or
[021] in another) after the last return etc. Therefore we order you, if he has made you secure
[022] etc., to cause twelve free and lawful men of that neighbourhood to view that bank
[023] (or the other things mentioned above) and that tenement and to have their names
[024] written down. And summon them by good summoners to be before our justices at
[025] the first session etc. prepared to make a recognition thereof. And put by gage and
[026] safe pledges the aforesaid person or his bailiff etc. (as above in the the case of novel
[027] disseisin of a free tenement.)⁶ The duty of the sheriff and the others,⁷ [let it be as
[028] above [in the portion] on the assise of novel disseisin of a free tenement,]⁸ except for
[029] the making of the view by the jurors. Let the plaintiff make the view to the jurors of
[030] the thing causing the harm, [that they may see] what kind of thing it is and⁹ its size
[031] or limits, that a thing certain may be brought before the court and that they may¹⁰
[032] know whether he has included more in his view than causes him harm, or less, or
[033] nothing, and may certify the justices thereof when required. Also whether the
[034] nuisance is rightful or wrongful, great or small, or, though to his damage, no nuisance
[035] at all, so that they [the justices] may know whether a plaint lies for the plaintiff or not.
[036] They must also view the tenement which

Notes

1. ‘amoveri’

2. Supra 190, infra 196

3. Suprai, 402

4. Glanvill, xiii, 35

5. Supra 192

6. Supra 57

7. Deleted

8. Supra 57

9. ‘et’

10. ‘possint’