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The third part of the reports of severall excellent cases of law, argued and adjudged in the courts of law at Westminster in the time of the late Queen Elizabeth, from the first, to the five and thirtieth year of her reign collected by a learned professor of the law, William Leonard ... ; with alphabetical tables of the names of the cases, and of the matters contained in the book.

About this Item

Title
The third part of the reports of severall excellent cases of law, argued and adjudged in the courts of law at Westminster in the time of the late Queen Elizabeth, from the first, to the five and thirtieth year of her reign collected by a learned professor of the law, William Leonard ... ; with alphabetical tables of the names of the cases, and of the matters contained in the book.
Author
Leonard, William.
Publication
London :: Printed by the assigns of Richard and Edward Atkins ... for Henry Twyford, Thomas Basset, William Rawlins and John Place,
1686.
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Subject terms
Law reports, digests, etc. -- England.
Law -- England -- Cases.
Link to this Item
http://name.umdl.umich.edu/A47718.0001.001
Cite this Item
"The third part of the reports of severall excellent cases of law, argued and adjudged in the courts of law at Westminster in the time of the late Queen Elizabeth, from the first, to the five and thirtieth year of her reign collected by a learned professor of the law, William Leonard ... ; with alphabetical tables of the names of the cases, and of the matters contained in the book." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A47718.0001.001. University of Michigan Library Digital Collections. Accessed June 15, 2024.

Pages

Page 202

CCLIV. Trin. 30 Eliz. In the Common Pleas.

* 1.1IN a Replevin, The Defendant avowed for Damage Feasant; The Plaintiff in bar of the Avowry, shewed, That every Inha∣bitant in every Messuage in the said Town had used to have Com∣mon in the place where, &c.

Glanvile argued, That the prescription was not good, for want of Capacity in the party who pretends Interest, for it is not cer∣tain, but applyed to a Multitude: and he put divers Cases in proof of it: 22 H. 6. 21 H. 7. 1. Mar. Dyer, 100. The King grants a Rent probis hominibus of Islington; the same is void, for they are not capable.

Harris, I conceive, That the Prescription is good; And he grant∣ed, That a confused Multitude cannot prescribe in a matter of Inte∣rest, but in an Easement, or discharge; As in a Way to the Church, and that by reason of Custom in the Land, and not in the persons. See 7 E. 4. 26. Where it is pleaded, That all the Inhabitants within such a Town time out of mind, &c. have used to have Common there, &c. And for a Township to have a Way to the Church; And good, by Danby. And, by Littleton, it ought to be pleaded by way of usage. And, 18 E. 4. 3. All the Inhabitants of such a Town, may well prescribe. And he cited Bracton, 222, 223. Communia quan∣docun{que} ex longo usu sive constitutione cum pacifica possessione continue & non intermixta, ex scientia, negligentia, & patientia Do∣minor', ita etiam amitti potest per negligentiam, & non usum. And he vouched Britton, fol. 144. Common is obtained by long suffe∣rance; and also it may be lost by long negligence, &c.

Notes

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