Mohun-Zouche Question

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Patricia Junkin

Mohun-Zouche Question

Legg inn av Patricia Junkin » 14 jan 2005 21:41:01

1263 Grant to William la Zuche of the marriage of the heirs of Isabel late
wife of Reynold de Mohun for 200 marks or for so much as any other shall
offer within a year of this grant.... Col. Pat. Rolls. Hen III

In searching the Boston University School of Law, Law Yearbooks for the
medieval period, I have found a curious case.

In 1302, a William or Walter la Zouche is the plaintiff in a Nuisance Writ
concerning Myllybras or Millisbray, river of (Ewe en) Gascony (Gascoyne) and
naming Mehante or Mehant, Maud or Matilda de, mother of plaintiff.

The first line of the writ: Ceo vous mostre Willame de la Souche, &c., qe
Rauf de Bracy, &c., atort ne sofre remuer le curs dil Ewe...

Commentary & Paraphrase Novae Narrationes B148, 80 SS 85, was identified
by Shanks as the count in this case, headed De cursu aque diuerso,
identified the plaintiff as W. de S. and defendant as R. de B. who
wrongfully did not permit (soeffre) plaintiff to restore (remener or
remeuer) the water (leawe) of S. in its ancient rightful course, due and
accustomed, (sun droit cours aunciene due et vsee) which R. diverted
(besturna) to the detriment (anussant) of the freehold of Maud de N., mother
of plaintiff W., whose heir he is, since the first crossing etc., and
wrongfully because Maud had a mill (molin) in the same vill to which the
water used to run, by which water the mill used to turn very rapidly (moudre
plus reddement), (anussant); defendant R demanded the view and had it;
plantiff W. did not count of damages
Novae Narrationes C111, 80 SS 204-205, was identifed by Shanks as the count
in this case, headed Quod permittat de cursu aque diuerso, named plaintiff
Thomas Hay, defendant M. de G., the stream (un eawe) in N., plaintiff's
mother as Maud de M. 'cel molin molust plus reddement'; 'bestourna cele eawe
a la nusaunce de cel molin'

Could anyone shed light on this connection.
Thank you,
Pat

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