case tenant against Goldwin see SC ld raym with note special action on the  case for not repair a partition wall whereby the plaintiff be injure Middlesex  to wit be it remember that heretofore to wit in the term of easter last pass  before the lady the queen at Westminster come Robert tenant by John rice his  attorney and bring into the court of the say lady the queen then there his  certain bill against Luke Goldwin in the custody of the marshal c of a plea of  trespass upon the case and there be pledge of prosecute to wit John do and  Richard roe which say bill follow in these word to wit Robert tenant complain  of Luke Goldwin be in the custody of the marshal of the Marshalsea of our lady  the queen before the queen herself for that to wit that whereas be the say  Robert on the first day of October in the first year of the reign of the lady  Ann now queen of England c and from henceforth always until this time be  possess and as yet be possess of one message situate lie and be in frithstreet  in the parish of saint Ann within the liberty of Westminster in the county of  Middlesex for a certain term of year not yet end and use to place and keep in  his cellar parcel of his message aforesaid store of coal and ale for the use  of his family and also to be sell and merchandise to diverse person who use to  buy of he the commodity aforesaid in his message aforesaid to the great profit  and advantage of he the say Robert which say cellar lie contiguous and for all  the time aforesaid do lie contiguous to a message of the aforesaid Luke in the  parish aforesaid and use to be separate and fence from a privyhouse of office  parcel of the say message of the aforesaid Luke by a thick and close wall  which belong to the say message of the aforesaid Luke and of right ought to  have be repair by the aforesaid Luke for all the time aforesaid nevertheless  the aforesaid Luke well know the premise but contrive and fraudulent intend  unjust to aggrieve he the say Robert in this behalf and whole to deprive he  the say Robert of the use and advantage of the cellar of his message aforesaid  and to hinder he of the profit of his commerce aforesaid on the same first day  of October in the abovesaid year of the reign of the say lady the queen and  from thenceforth always until this time so negligent keep and repair the wall  aforesaid although often request to repair the same to wit by he the say  Robert on the same first day of October in the parish aforesaid that for want  of due care and reparation of the same wall the filthinesses and nasty thing  of the say privyhouse of office flow out of the say privyhouse of office by  the decay part and breach of the wall aforesaid into the cellar aforesaid of  he the say Robert and overflow the same cellar to wit in the parish aforesaid  for the whole time aforesaid by which he the say Robert lose the use of his  cellar and the profit of his commerce aforesaid for all the time aforesaid  whereupon the say Robert say that he be injure and have sustain damage to the  value of one hundred pound and thereupon he bring suit c