Narrationes modernæ, or, Modern reports begun in the now upper bench court at VVestminster in the beginning of Hillary term 21 Caroli, and continued to the end of Michaelmas term 1655 as well on the criminall, as on the pleas side : most of which time the late Lord Chief Justice Roll gave the rule there : with necessary tables for the ready finding out and making use of the matters contained in the whole book : and an addition of the number rolls to most of the remarkable cases / by William Style ...

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Title: Narrationes modernæ, or, Modern reports begun in the now upper bench court at VVestminster in the beginning of Hillary term 21 Caroli, and continued to the end of Michaelmas term 1655 as well on the criminall, as on the pleas side : most of which time the late Lord Chief Justice Roll gave the rule there : with necessary tables for the ready finding out and making use of the matters contained in the whole book : and an addition of the number rolls to most of the remarkable cases / by William Style ...
Author: England and Wales. Court of King's Bench.
Publication: London :: Printed by F.L. for W. Lee, D. Pakeman, G. Bedel, and C. Adams,; 1658.
Rights/Permissions: This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. Searching, reading, printing, or downloading EEBO-TCP texts is reserved for the authorized users of these project partner institutions. Permission must be granted for subsequent distribution, in print or electronically, of this text, in whole or in part. Please contact project staff at eebotcp-info@umich.edu for further information or permissions.
Subject terms: Law reports, digests, etc. -- England.
Link to this Item: http://name.umdl.umich.edu/A61918.0001.001
Cite this Item: "Narrationes modernæ, or, Modern reports begun in the now upper bench court at VVestminster in the beginning of Hillary term 21 Caroli, and continued to the end of Michaelmas term 1655 as well on the criminall, as on the pleas side : most of which time the late Lord Chief Justice Roll gave the rule there : with necessary tables for the ready finding out and making use of the matters contained in the whole book : and an addition of the number rolls to most of the remarkable cases / by William Style ..." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A61918.0001.001. University of Michigan Library Digital Collections. Accessed June 10, 2024.

Pages

Kemp and Gord.

Trin. 1654. Banc. sup.

Hill. 1653. rot. 840.

AN Action upon the Case was brought by the Maior and Commonalty of the Town of Lyscard in Cornwall against Gord for not grinding at their common Mill. The Defendant demurs to the Declaration.* 1.1 And Wadham Windham for the Defendant urged, that the Custom is not well alleged upon which the Action was grounded. For first it is not shewed, that the House where the Defendant inhabiteth, and by reason whereof it is supposed he ought to grind at the Mill is held of the Maior and Commonalty. 2ly. It is not shewed, that the Maior and Commonalty are bound to repair the Mill, and do constantly keep Grinders and Loaders. And for the first, this Custome ought to be affixed, by reason of the tenure of the House, or in respect of the Corn growing upon the ground used with the House, and it is not proper to say, a man is bound to grind by reason of his House, 8 Rep. Farmers case, f. 125. Hob. Harding and Greens case, 19 Ed. 2. Fitzh. Ass. ••••9. For the second, this grinding at the Mill is a personal service, and if the Maior and Commonalty be not bound to repair the Mill, and to find Grinders and Loaders, then there is not quid pro quo, and the Custom will be unreasonable, and a meer oppression, 22 Ass. Pl. 58. Latch on the o∣ther side said, here is a good Custom alleged, and it is not necessary to shew any tenure in this Action, being but an Action upon the Case, and not a Secta ad molendinum, and so is it agreed in Harding and Greens Case. And in 9 Iac. Hill. rot. 691. an Action was brought for this very Cause, and the Custom was then allowed to be good. Roll chief Iustice, I believe this is a good Custom, and the Corporation is bound to repair the Mill,* 1.2 and there can be no prejudice for the party to grind here, and the Custom hath been al∣ready tryed and found good. Therefore let the Plaintiff have his Iudgement, nisi, &c.

Notes

* 1.1

Demurrer to a Declaration in an action upon the Case for not grinding at a Mill.

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* 1.2

Custom.

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