case dent against oliver ante Michaelmas term James trespass way et arms lie  for disturbance of the profit of a fair by erect a tollbooth without say  enclosed space to break in pieces   b hob cro car roll Rep Com dig will Bl Rep  Cowp dougl in trespass possession be a sufficient title against a wrong doer  case or trespass lie for disturbance of a fair trespass for assault his  servant per quod a special damage need not allege battery or loss of service  trespass quare way et arms at manor suum de Hallington to raise up a certain  velabrum England a tollbooth et way et arms to take in hand tolnetum et adtunc  et ibidem insultum fecit super I S servient suum and disturb he in gather toll  ad ferian Self the plaintiff spectant the defendant plead not guilty and find  against he after verdict it be move in arrest of judgement croak throw first  for that it be way et arms to raise up velabrum c whereas it can be way et  arms say non allocatur for thereby the land be break by pitch therein and  although it be not say enclosed space to break in pieces yet it be good enough  and punishable as a trespass for erect a booth although it be not any breach  of the soil second for that he make not any title in his declaration videlicet  by show that he have a fair by prescription nor that he have toll by  prescription belong to his fair say non allocatur for it be a possessory  action and be a sufficient possession against a stranger without make any  special title three for that it be guod way et arms he take toll which can be  but it ought to be a action upon the case say non allocatur for as well the  one as the other action well lie as Henry and Edward title trespass be  fourthly for that this action be bring for the assault of his servant which  lie not without battery per quod slavery to send away say non allocatur for it  be not bring for the assault but because by that mean he be disturb in the  collect the profit of his fair wherefore it be adjudge for the plaintiff croak  James er p