cclxxiii temps roign Elizabeth nuisance Obstupavit action upon the case  prescription action upon the case be bring for stop a way the plaintiff  declare that the duke of Suffolk be seize of a house in d and let the same to  the plaintiff for life and that the say duke and all those who estate c have  use time out of mind c to have a way over the land of the defendant to the  park of d to carry and recarry necessary wood for the say house from the say  park to the say house and further declare that the defendant obstupavit way it  be move that upon the matter no action upon the case do lie but a assize  because that the freehold of the house be in the plaintiff and also the  freehold of the land over which c be Leonard in the defendant but if the  plaintiff have have but a estate for year then a action upon the case will lie  and not a assize and it be not material if the plaintiff have but a estate for  year in the park quod to be concession per totan curian it be hold also that  this word obstupavit be good enough without any more sure without show any  special matter of disturbance as the erection of some gate hedge ditch c for  obstupavit imply a nuisance continue and not a personal disturbance as  forestaller or say upon the land c that he shall not go over or use that way  but as to a local and real nuisance the word obstupavit amount to to build  against and although in the declaration be set down the day and year of the  stop yet it shall not be intend that it continue but the same day for the word  of the declaration be further that he be disturb in the way and yet be and so  the continuance of the disturbance be allege and of that opinion be the whole  court Leonard prothonotary he have declare of a prescription to have way tam  pedestrian how seats pro omnibus in every way cariagiis and by that  prescription he can have a cartway for every prescription be to draw tight law  dyer that be well observe and I conceive that the law be so and therefore it  be good to prescribe to have way pro omnibus cariagiis without speak of horse  or footway Elizabeth in the common plead