Selected quad for the lemma: law_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
law_n	king_n	realm_n	statute_n	7,701	5	8.0873	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A05531	A breefe relation by the commoners in Lincolnshire of their legall interest, and that nothing of interest the vndertakers have in law.		1651 (1651)	STC 15651; ESTC S102840	2,662	6

A Breefe Relation by the Commoners in Lincolnshire of their Legall Interest and that nothing of Interest the Vndertakers have in Law The owners and Commoners in the Fenns between Bourn Kyme Fae in the County of Lincoln by reason of their Seniories Resiances and Inhabitants in the Townes there have time out of minde without memory of man taken all manner of profits arising out of the said Fenns and Commons both for sustentation of their persons and Common of Pasture for their Cattell as appurtenant to their Seniores and Resiances and are and ever have been by Custome charged by reason of their Seniories with the repairing of many Draines Watercourses Banks Sleuces and Goats for the bettering and making them so usefull for them and for watering severall grounds in many of the said Townships which they have been much interrupted in by severall undertakers this twenty years in making of new workes a designe continued at Court to deprive us of our ancient Rights contrary and against the known Lawes of the Land 1. By the 9. H. 3. cap. 15. no Free-man shall be distreined to make Banks Magna Charta but such as were of old time and of right have been accustomed to make them in the time of K. H. our Grandfather 2. Also in the 16. Chap the same year provides that no Bancks shall be defended from 〈◊〉 forth but such as were in defence in the t●m● of 〈◊〉 our G●a●dfather by the same places and bou●ds as they were in his t●me By the 15. and 16 Chapters the U●dertaker shall not tax me for any ground to make new Banks that before were not in charge This is manifested to be the true meaning of Magna Charta by the succeeding Statute viz. the 25. and 45. Edw. 3. 21. R. 2. 1. H. 4. and especially the 12. of Edw. 4. By the 23. H. 8. chap. 5. the workes and words mentioned in the 6. and 7. Chapters of the 12. Edw. 4. were united and knit up in one standing Commission commonly called a Commission of S●wers and all those words and workes are subject to the Survey of the Commissioners mentioned in that Statute of 23. H. 8. But thereby the workes and words mentioned in the 6. chap. 12. E. 4 are to be pursued as proper to the 6 H. 6. chap. 5. and the faults and words mentioned in the 7. chap. Edw. 4. are to be pursued according as is set forth in the 7 Chapter for it is commanded by the sayd 23. H. 8. that the Justices shall doe therein as to the Kings Justices appertaineth after the Lawes and Statutes of our Realme which includes the sayd 6 and 7. chap. E. 4. † Observe the Undertakers proceeded not by Jury but by directions of the Kings Letters The practice is and ought to be by Jury thus is there a Delinquent found by Inquisition upon the substance of the 6 chap. of Edw 4 Let the Commissioners proceed against him for the repaire or making new that which is so found to be hurtfull in his default * They layd uncertaine tax upon no body of purpose it might not be payed by a tax assesse distresse or sale Is there a Delinquent found by Inquisition upon the nusance mentioned in the 7. chap. of Edw 4 Let them proceed against them by giving them by scire facies halfe a years time to remove or correct the sayd nusance as the Justices appoynt upon paine of 100 Marke to be estreated Thus you see the power of Commissioners by the 23. H. 8. chap. 5. is limited in matter of fact by the former intentions of the 6. and 7. chap. of E. 4. and they are limited in matter of forme by the words of the 23. H. 5. which restraines them to doe as belongs to the Kings Justices according to the Lawes Customes and Statutes of this Kingdome Now if Commissioners of Sewers be tyed to this matter of f●●t and forme examine how the Undertakers by their new Law can take our Inheritance without our consent and li●ing to make new Draines Banks and Goats for the satisfying their owne covetous desires notwithstanding these limitations the innovating Undertakers would shelter themselves by wo●ds in the sayd 23. H. 8. viz. according to your discretions and according to the Lawes of Rumney-Marsh in that Statute expressed implying by the word discretion that they may doe what they please which glosse confounds the text for such discretion is absolute and apparent indiscretion not supportable by that Statute nor any other Law their discretions being to be guided by Law and Custome as formerly expressed And as concerning their imaginary proceedings according to the Lawes of Rumney-Marsh that is most ridiculous for I pray you observe the Charter granted the 36. yeare of H. 3. to the men of Rumney-Marsh and you will finde that nothing is granted but what was time out of minde in use excepting a restraint to the Shiriffe for medling with distresses Hereby yee see Custome time out of minde begets a Rule and was the ground of this Charter which Charter was the ground of the Commission of 42. H. 3. to Hen. Bathama to survey the Walls and Water Courses and to cause them to be repaired by these that are bound and charged with the reparation of them here is nihil novi but de novo as accustomed to be repaired or new made agreeing to Magna Charta above specified Thus you see the projects of drayning hath no foot hold or congruency with Custome use or any Law or word of Statute before recited but is a meare Arbitrary proceeding against those Lawes They plead that they have layd out vast summes of Money To this I heare some mak● 〈◊〉 Note that before the 43 Eliz. there was no generall Act for drayning Tyndalls 4. Jac. was a particular Act and there are some other particular grounds whereby it is most certaine that without a speciall direction by Statute or without the power of the said 43. Eliz. no person is authorized by the 33. H. 8. chap. 5. or any other Statute to undertake that designe for if otherwise the sayd 43. Eliz. Tyndalls 4. Jac. and some other Statutes for Pl●●●steed Marsh 23. Eliz. were to be judged Acts to no purpose made caveat Empt●r and that it is improper for him to expect a Parliament succor herein when as he hath utterly waved and rejected the Parliament direction which appeares to be given him by the words of 43. Eliz. chap. 11. wherein all draynings are graciously provided for both to the content of the Parties interessed and also for the due and fit recompence to the Undertaker he hath thus spurred against a Parliamentall course why should he now hope for a Parliament redresse to maintaine his Arbitrary Course which will reach Hills and Mountaines when we have no more low Grounds left to satisfie their covetous desires That abuses to the Persons Goods Lands Draynes Goats and Banks I leave to the Expression of the severall Petitions exhibited by them that are grieved and oppressed by the Undertakers FINIS