| Chap. 50. |
High-ways.
a Plough may plough more Land in one year in one County than in another. |
105 |
Co. 4. 37. b.
& 9. 124. |
And yet some others do make a difference between
an Hide of Land,
and a Carue or Plough land: for they say that an Hide of Land doth
contain Four Plough lands, sc. 480 Acres: whereas a Carue
or Plough-land
containeth but Sixscore Acres; and every Plough-land or Carue is Four
Yard-land, (in Latin called Quatrona terræ) every Yard-land
containeth
30 Acres. But a Plough-land or Carue of Land, is called in Latin
Carucata
terræ, that is, quantum aratrum arare potest in æstivo
tempore: for
which see M. Skene, Minsh. and the Surveyors Dialogue made
by John
Norden, p. 59. And yet this definition or description of Carucata
terræ
sheweth, that it is not of any certain content. |
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Also a Carue of Land (or a Plough-land) may contain
House, Meadow,
Pasture and Wood. Co. L. 69. |
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1. Now a man with one Plough and Five or Six
Horses will occupy,
Plough and Dress Seven or Eightscore Acres of arable Land yearly, (as
many do with us in the East parts of Cambridgeshire) and will in
Summer
go usually with two Draughts or Carts; yet such person is usually charged
to the amending of the High-ways but with one Cart furnished. And
another man dwelling in the same Town, occupieth but 40 or 50 Acres,
or not so much, and keepeth but Three Horses, and one Draught or
Cart, and he likewise is usually charged as the former, with one Cart furnished.
Whether should their Two charges for Carriages for the High-ways
be alike? For mine own Opinion, I think it both reasonable, and
warranted by the words of 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 Plough. |
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This matter came in debate in B. R. M.
27 Ca. 2. upon order made by the
Justices of the Peace in Middlesex for charging several Brewers
and Brickmakers
living there, and using several Draughts, or Carts, to send so many as
they kept for the repairing of the High-ways, and the order being removed
in B. R. a Procedendo was awarded by Hales Justice,
and the whole Court,
who were strongly of opinion, that so many Draughts as they kept, so many
they ought to send, for so the service they do will answer the wrong and
damage
by them occasioned. |
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2. Again, what a Draught or Carriage shall
be, sc. with how many
Horses; and whether he tat keepeth but two Horses and a Cart (as many
with us do) be chargeable or no: I find that a Draught for the Kings
Carriages heretofore hath been sometimes with Two Horses, as it seemeth
by the Statute of Magna Charta, cap. 21. (the words of the Statute
be, No
Sheriff, &c. shall take the Horses or Carts of any person for Carriage,
except
he pay for one Cart with two Horses x d. by the day, and for a Cart
with Three Horses xiv d. by the day: and therefore I should
think him
that usually goeth to Cart (for his own business) with Two Horses, to be
chargeable to find a Cart and Two Horses for the amending of the High-ways,
and to carry such Loads as his Two Horses are well able to draw. |
§. 20.
Carriage. |
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3. Again, if one occupieth a Plough-land in
Pasture, viz. Six or Eightscore
Acres or more of Pasture or feeding of Cattle, but keepeth neither
Cart nor Plough, how shall he be charged to find a Cart or Draught that
keepeth none? and yet the words of the Statute, 2 & 3 Ph.
& Mar. &
18 El. 9. seem to charge him. |
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4. Again, he that shall keep a Draught for
Carriage, or a Plough.
though he occupy little or no Land or Pasture in his own hands, but only |
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