case james against hayward if a new gate be erect across a public highway it  be a common nuisance although it be not fasten and any of the king subject  pass that way may cut it down and destroy it ante post roll ab Jones   light      salk Yelv cro James cro Elizabeth Com dig Com dig Com dig Com dig Hawlk p c  a public nuisance may be abate by a private individual term Rep trespass for  break his close and pull up cut and cast down a gate the defendant justify  because the gate be place cross the highway and so fix that the king subject  can not pass without interruption by reason of the say gate to the nuisance of  the king subject and therefore he pull up cut and cast down the say gate to  use the say way the plaintiff show that be set up two post on each side of the  way and hang the gate upon one of the say post for the preservation of the  spring of the wood there from cattle so as the subject may pass the say way  without prejudice or impediment at their pleasure and traverse that the gate  be so fix and tie that the king subject can not pass without interruption by  the gate the defendant upon that plea demurrer the first question be whether  the erect of a gate cross a highway which may be open and shut at the pleasure  of passenger be a common nuisance in itself croak car er p in the eye of the  law it be a open gate fix upon hinge that subject may pass the say way at  their pleasure second admit it to be a nuisance whether every one may pull up  and cast down the say gate at their pleasure hide chief justice Jones and  Whitlock for the first conceive that the erect of a gate although it be not  lock or tie but that every subject may open it and have passage at his  pleasure be a nuisance for it be not so free and easy a passage as if no such  enclosure have be for woman and old man be more trouble with open of gate than  they shall be if there be none but it seem to I that it be not any nuisance in  itself be so small a trouble but much for the public good that there shall be  enclosure for the preservation of corn and grass from cattle stray and the law  account not such petty trouble to be nuisance for it appear that there be many  gate in diverse highway croak car which have be always allow and if it be a  nuisance in itself there shall not be any gate for there can be any  prescription for a nuisance and the multitude of gate in several way prove  that it never be account to be any nuisance and Edward pl the erect of a gate  upon the way be plead and admit to be lawful enough for the second they hold  that admit it to be a nuisance although the usual course be to redress it by  indictment yet every person may remove the nuisance and hide chief justice  Jones and Whitlock allow that the cut of the gate wag lawful whereupon  judgement be for the defendant and Jones say that for ancient gate upon  highway it shall be intend they be by licence from the king and upon a writ of  ad quod damnum sue out of chancery but I conceive that can be for a stop c