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§. 2.
Definition. |
High-ways.
VId, a Way, is defined to be Transitus
à loco in locum.
Note That there are three kinds of Ways, scil. |
Chap. 50.
Co. 1. 56. |
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1. A Foot-way called Iter, quod est just
cundi vel ambulandi hominis. |
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2. A Foot-way and Horse way called Actus,
ab agendo; and this vulgarly
is called a Pack or Drift way, and is both a Foot-way and Horse-way. |
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3. The third, a Cart-way, &c. called Via
or aditus, (and containeth the
other two; and also a Cart-way,) for this is Jus cundi, vehendi, &
Vehiculum
& Jumentum ducendi: And this is twofold,
Via
Regia The Kings High way for all Men: ' With this only, the
' Justices of Peace here are to meddle.
Viz. Communis Strata; belonging
to a City or Town, or between
Neighbours. |
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' Minsh. out of Ulpiam maketh
also three kinds of Ways, Publicam,
Privatam, & Vicinalem. |
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' Via Publica, quam Latini Regiam appellant. |
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' Vicinalis, quæ in vicis est, vel quæ
in vicos ducit: Ways between Street
and Street, Neighbour and Neighbour, and House and House in Cities
and Towns. |
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' Privata est, quam agrarium dicunt: And
these are of two sorts. |
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' Vel ea quæ ad agros ducit, per quam omnibus
commeare licet. |
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' Vel ea quæ est in agris, cut imposita
servitus, ita ut ad agrum alterius
' ducat. |
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§. 4.
One Justice
Inlarged. |
Every Justice of Peace may cause the High-ways to
Markets ' where
' any Woods, Bushes, or Ditches be to be enlarged and cleansed of Bushes
and Trees, (so that there be neither Bush, Ditch, or Tree, within two
hundred Foot of either side of the Way. The Statute 13 E. 1.
excepteth
Ashes and great Trees; but by the Statute 5 El. all Trees and Bushes
therein
are to be cut down, &c. And this the Justices of PEace may do
by force
of the Commission, the first Assignavimus, (Lamb, 190.)
But how the
Justice shall compel the same to be done, I see not, otherwise than by
admonition; and if they be not obeyed, then to present it, or cause it
to
be presented at the Quarter Sessions, &c. Vide tit.
Commission of the
Peace. |
13 E. 1. 5.
See postea
tit. Robbery. |
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Also by the Articles of Inquisition
upon the Statute of Winchester,
(made about 34 E. 1.) it is appointed, That if the High-ways be
not
inlarged accordingly, inquiry shall be made where the ways be, who
ought to inlarge them, and of such as do hinder such Inlargements,
as well in Parks as in other Woods. See Pulton's Statutes
at large,
fol. 93. |
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§. 5.
What it is. |
The Highway is not only the Common Tract, where
Carts, Carriages,
and People have gone; but if the way be Foundrous, that People cannot
pass in the Common Tract, and there be Outlets, out of it, into the Soil
of
another adjoyning, the People may in such extremity use those Outlets upon
anothers Soil, although it be sown with Corn: And that is, in such
case,
the Kings High-way as well as the other; for the Kings Subjects must have
a convenient Passage, as was resolved in a Trial at Bar against Sir Henry
Duncomb. T. 10 Car. Rolls 1 part of Abridgment, fol. 390. Therefore
where a Way goes through Mans Land, and the Owner of the Land Fence
it on both sides, he by so doing hath made himself liable to repair the
High-way,
and keep it passable; and it is not sufficient for him to keep it in as
good
repair, as it was at the time of the Inclosure; for by so doing he hath
straitned
the High-way. |
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