William aldred case William Aldred bring a action upon the case against Thomas  Benton which begin Trinity James rot that where the plaintiff septemb James be  seize of a house and of a parcel of land in length foot and in breadth foot  and a half next to the hall and parlour of the plaintiff of his house  aforesaid in Harleston in the county of Norfolk in fee and where the defendant  be possess of a small orchard on the east part of the say parcel of land  pillage Thomas wickedly to contrive skilfully et to stretch out Self  Willhielmum de easuamento et adj messuag et parcell terrae of oneself pillage  to entangle et deprivare the say day of septemb year  James a certain magnum  lignile in speech garden Self thomae to heap together et to raise up ac mock  to such a degree be praised c quoth per line mock c tam all window et  windowshutter Self Willihelmi canopy et  a vault a people of India how ostium  Self Williehelmi canopy of oneself predict inside obstupat fuer c et pillage  Thomas beyond to contrive skilfully et wickedly to stretch out Self  Willihelmum in many different ways praegravar et Self de toto suitably  easimento et adj all messuagii Himself pillage inside deprivare pillage die  September a say in addition to quodd building pro swine et pig n'est in garden  his pillage tam near kind of bivalve et conclave Self Willihelmi pillage  to raise up ac sue et pig swine in building in garden there to put down et ill  ibidem per magnum time to watch ita quoth per stinking et unwholesome scent  dirty to say before suum et a tame swine predict thomae in kind of bivalve et  room pillage ac alias part pillage messuagii Self Willihelmi penetran et  influnent the same Willihelmus et household Himself ac other personae in  messuagio his pillage to turn around et existen without danger infectionis in  kind of bivalve et room proed ac other region messuagi prediction to join seu  to stay behind non to be able pretense pron. interrog. idem Willihelmus totum  just use easamentum et adj maxim birth messuagii Himself prediction per totum  time pillage altogether to make away with et to send away and damnum Self  Willihelmi c and the defendant plead not guilty and at the assize in Norfolk  he be find guilty of both the say nuisance and damage assess and now it be  move in arrest of judgement that the building of the say house for hog be  necessary for the sustenance of man and one ought not to be of so delicate  nose that he can endure the send of hog for law non to be favorable alluring  vow but it be resolve that the action for the same as this case be be well  maintainable for in a house four thing be desire lodging man straining  inhabitant need light et good health money and for nuisance do to three of  they a action lie sure to the habitation of the house for that be the  principal end of a house for hindrance of his light for the old from of action  upon the case be significant sure quoth messuagium standing on end tenebritate  to render dark to be therewith agree Edward b Henry by Markham Henry and to be  a case adjudge in the king bench Trin Elizabeth Thomas Bland bring a action  upon the case against Thomas Moseley and declare how that James Bland be seize  in fee of a ancient house in Netherousegate in the parish of saint Michael in  the county of the city of York and that the say James and all those who estate  he have in the say house time out of mind c have and have use to have for they  his tenant for life year and at will in the west side of the say house seven  window or cleristeries against a piece of land contain half a rood in the  parish aforesaid adjoin to the say house which piece of land time out of mind  be without any building until the that day of September year  Elizabeth and  show the length and breadth of the say window for all the time aforesaid by  force of which window the say James and all those who estate he have in the  say house time out of mind have use to have for they and their tenant diverse  wholesome and necessary easement and commodity by reason of open air and light  c and that the say James the that of September year  Elizabeth demise to the  plaintiff the say house for year and that the defendant malicious intend to  deprive he of the say easement et to render dark messuagium pillage  standing on end tenebritate c November year  Elizabeth have erect a new  building upon the say piece of land so near to the say seven window that the  say seven window be stop whereby the plaintiff lose his say easement c et  maxima pars messuagii predict standing on end tenebritate to render dark to be  c in bar of which action the defendant plead quoth infra pillage community  Ebor ankle to have et a toto tempore pron. interrog. opposite direction memory  non step forth to have custom videlicet quoth si quis to have window et look  per the same versus earth neighborhood Himself neighborhood that look that  an opening for light to build against super earth that to use et posset as  well to see Himself to extricate by force of which custom he justify the stop  of the say window and upon that the plaintiff do demurrer in law and it be  adjudge by sir Christopher Wray chief justice and the whole court of king  bench that the bar be insufficient in law to bar the plaintiff of his action  for two cause when a man have a lawful easement or profit by prescription time  out of mind c another custom which be also time out of mind can take it away  for the one be as ancient as the other as if one have a way over the land of a  to his freehold time out of mind by prescription c a can allege a prescription  or custom to stop the say way it may be that before time of memory the owner  of the say piece of land have grant to the owner of the say house to have the  say window without any stop of they and so the prescription may have a lawful  beginning and Wray chief justice then say that for stop as well of air as of  light a action lie and damage shall be recover for they for both be necessary  for it be say et to feed aura the upper air and the say word standing on end  tenebritate be significant and imply the benefit of light but he say that for  prospect which be a matter only of delight and not of necessity no action lie  for stop thereof and yet it be the great commendation of a house if it have a  long and large prospect unde to say Laudaturque house long who foresee agros  but he do not give action for such thing of delight and Solomon say Ecclesiast  dulce lumen be et delightful eye to see solemn et olium ut plutarch in Conv  Sap refert king  an Ethiopian to ask quid optimum to answer light quis for  nature duce darkness  non exhorresci and if the stop of the wholesome air give  cause of action a strong a action upon the case lie in the case at bar for the  infect and corrupt of the air and the building of a lime kill be good and  profitable but if it be build so near a house that when it burn the smoke  thereof enter into the house so that none can dwell there a action lie for it  so that if a man have a watercourse run in a ditch from the river to his house  for his necessary use if a glover set up a Lime-pit for calf skin and sheep  skin so near the say watercourse that the corruption of the Lime-pit have  corrupt it for which cause his tenant leave the say house a action upon the  case lie for the same as it be adjudge in Henry b and the same stand both with  the rule of law and reason know to hold before ne quis to make in his quoth  to do harm to be able another et such skin tuo ut another non to hurt see in  the book of entry title nuisance b that he who have a several piscary in a  water shall have a action upon the case against he who erect a dyehouse ac  dung faeditates et other dirty extra house pillage to run down in piscariam  pillage to run down fecit per quoth idem adj the fish of oneself pillage  altogether to send away c and there be another precedent against a dyer c  quoth idem Henry in mansion to sew pillage ob fear infectionis per  standing on end faetorem smoke deformity et another dirty c per magnum time  to delay non to venture so in the case at bar forasmuch as the declaration be  that the defendant malicious intend to deprive the plaintiff of the use and  profit of his house do erect a swine sty tam near kind of bivalve et conclave  Self William ac sue et pig swine in building there to put down et ill ibis per  magnum time to watch ita quoth faetidi et unwholesome scent dirty pillage suum  et a tame swine pillage thomae in kind of bivalve c penetran et influen idem  William ac famuli Himself c in messuag predict to turn around existen without  danger infectionis in kind of bivalve c to join seu to stay behind non  to be able pretense pron. interrog. idem will totum just c maxim birth pillage  messuag per totum time pillage altogether to make away with to which  declaration the defendant plead not guilty and be find guilty of the matter in  the declaration it be adjudge that the plaintiff shall recover