Lavv, or, a discourse thereof in foure bookes. Written in French by Sir Henrie Finch Knight, his Maiesties Serieant at Law. And done into English by the same author.

Statutes.

Westm̄ 1. cap. 33. He that publisheth any false newes and tales, whereby discord, or occasion of discord and slander may grow betweene the King and his people, or the Nobles, shal be kept in prison vntil he hath brought him forth into the Court, that did speak the same.

2. R. 2. cap. 11. The like for him that tel∣leth false lies of Nobles and great Officers of the Realme, whereby discord may arise betweene the said Lords and Commons.

12. Ric. 2. cap. 11. In the case of these for∣mer Statutes, if the party canot bring forth him that spake the same, he shall bee puni∣shed by the aduice of the Counsell.

But two aboue the rest do here require more speciall consideration; that is to say, Disturbance, and Nusance.

Disturbance is the hindering of that which in right belongeth vnto one to doe. As for a man to vse his Common; to reduce a water-course that is misturned, to present vnto a Church, &c.

Nusance is annoyance done to ones he∣reditament. As leuying a Faire or market

to the Nusance of another Faire or Mar∣ket, building a house so neere mine, that the rayn which falleth from that house fal∣leth vpon mine, &c.

All manner of nusances are to be remo∣ued, and common nusances, As a wall, (a) &c. built vpon the High-way, trees (b) growing vpon the riuer banke, whereby a water-course is stopped, any man may pull downe.

Deceit, when the dammage groweth by an vndue sleight. As if a man purchase a writ in my name out of the chancerie, I not knowing of it, whereby I am to pay a fine; or if one (whom I make my Attornie in a plea of land against finee) make default, whereby the land is lost: Or if in a Praecipe against diuers Tenants, a man purchaseth a protection for one of them, supposing him to be beyōd-sea in the Kings seruice, where indeede he is and alwaies hath beene in England, by means wherof the demandant is delayed: or if in a Praecipe quod reddat, the Sherife returne the tenant summoned, where in deed he was not, whereby he loo∣seth the land: or if in play one winne ano∣thers monie with false dice, or if he that fel∣leth any thing doe vpon the sale, warrant it to be thus and thus, whereby the other is deceiued. So that the warrantie must be parcell of the contract: for if it be (a) after, (at another place) or (b) a seruant make the warrantie vpon the sale of his masters goods (which in law is the masters sale, &

warrantie of the seruant) it is a void War∣rantie, and no Action of deceit lieth vpon it. Also the warantie can reach but to things in being at the time, not to things to come: as that a horse (c) will carrie you xxx miles a day: nor to things which ma•• bee discerned by my fiue sēces to be otherwise; as cloths of murry color to be blew, vnlesse the buyer in this case bee blind. But where they are warrāted to be of such a length, & are not, there an action of deceit lieth: for that canot bee discerned by sight, but by a colaterall proof, the measuring of them.

Notes

• F N. B. 184. a F. N. B. 184. d.
• (a)

  33. H 6. 26.
• (b)

  42. Ass pl. 5.
• F. N B. in his writ of Deceite.
• (a)

  5. 7. 41.
• (b)

  11. E. 4. 6.