Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	action_n	case_n	trespass_n	1,849	5	11.0233	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A32252	The reading of that famous and learned genrleman, Robert Callis ... upon the statute of 23 H.8, Cap. 5, of Sewers, as it was delivered by him at Grays-Inn in August, 1622.	Callis, Robert, fl. 1634.	1647 (1647)	Wing C304; ESTC R23882	167,039	246

wrong recovered his damages In 19 Ed. 3. lib. Assize plac 6. A presentment was found by Jury before Commissioners that certain persons by 19 Ed. 3. name had turned the course of the River of Lee which is there termed the Kings Stream and runs from Ware to Waltham and so to London and had fixed and pitched Piles and Stakes therein by means whereof Boats and Ballangers were hindred in their passages up and down the River and upon this Presentment it was awarded that those persons which were presented by name and which had done part of the Nusans should reform the same and because some of the parties names could not be discovered which had done other part of the said Nusans It was Ordered That the Sheriff should be commanded by Writ to him to be directed to reform that part of the Nusans taking therein to his assistance those persons who had grounds next adjoyning And quod defendentes sint in miserecordia dom ' Regit because the Nusans was not found to be done by force In 19 Ed. 3. fol. 23. in the Action upon the Case for a Nusans done the judgement in part was That the Nusans should be removed cum hoc concordat 7 H. 4. 8. upon these three cases I observe 7 H. 4. That be the Action private or popular always one part of Judgement was That the Nusans should be removed at the costs and charges of him or them which did it Therefore these cases do fully maintain my opinion formerly delivered And although in all the said cases it appeareth that there was a legal course taken to remove the Nusances yet there is another course alowed of by the Law and that is by abating of the Nusans in pulling or cutting the same down and the Law is expresse so in the point in 9 Ed. 4. fol. 35. as if it be a Nusans done to I. S. he or some 9 Ed. 4. other by his directions may overthrow the Nusans but if it be done ad nocumentum populi as in the high or royal streams then any person prejudiced thereby may abate the same To make a stream navigable BUt it hath been objected to me by way of Interogation Can the Commissioners of Sewers make an unnavigable River or Stream to become or to be made Navigable by these Laws of Sewers yea or no Touching which I shall deliver my opinion as followeth If this could have been done by the Commissioners of Sewers then what should it have needed to have procured Acts of Parliament for the doing thereof as 9 H. 6. cap. 9. to make the River of Lee Navigable and 6 H. 8. cap. 17. a Statute to make the River at Canterbury Navigable and and in 31 H. 8. cap. 4. to make the River of Ex near Exeter Navigable and 27 Eliz. cap. 20. to make a River Navigable at Plymouth and in 3 Jac. 10. cap. for making Thames Navigable in the Counties of Oxford Berks Wilts and Glocester These in truth are good Arguments but not convincing Proofs for I am of opinion that if Streams cannot be made Navigable unless there were certain Mills Weres Stanks or Kiddels removed which be the Inheritances of private persons and have had continuance time out of memory then directly the Commissioners of Sewers have not power to raze or impair these by the removing thereof to make the Stream Navigable But in these cases a new private Act of Parliament must be obtained for the effecting thereof which was the occasion many of the said private Statutes were obtained But if none of these Inheritable incumbrances stand in the way but that by the cleansing or deeper casting of the Channel the same may be made Navigable Then I am of opinion the Commissioners of Sewers have power to do the same and there be words in our Statute will bear this Exposition videlicet And to cleanse and purge the Trenches Streams Sewers Gutters and Ditches in all places necessary And herewithal I intend to close up this days exercise with this short conclusion that is That E. was no sufficient Freeman nor was resciant nor had goods of value to make him a competent Commissioner That notwithstanding B. and C. and the Countesse of Warwick were competent Commissioners and they joyning with Three of the Quorum had power to make and ordain Laws of Sewers and because this Were was newly erected therefore the Law and Ordinance made to raze it and to pull it down was a good Law and warranted by this Statute c. Finis hujus quartae Lecturae Quinta Lectura GEnerous Auditors my fellows and friends of this most famous and renowned Inns of Court I have sailed so far within the Land that my ship hath taken up her harbor in the Inland streams and I my self am got up to the highest Mountains to the end I might take the view and survey of all my former days labors and this being the last day of my reading I must now make my accompt to you of my Stewardship The Talent which was delivered me when I entered upon my first days Exercise was this worthy Statute of Sewers which I have put forth to the best use I could in my poor skill and understanding But in the casting up of my Accompts it may be it wil come short of your exctations if it do I pray you help to increase it out of your abundant store and consider with your selves that your Reader took in hand to read upon a Maiden-law which never before this time abide his Exposition in any Inns of Court and our Law Books are exceeding scarce in the handling of matters of this kinde nature and so I wanted those means and helps which many other Readers have had who have taken upon them to make their readings of Statutes formerly read on and which have received a more plentiful Exposition in our Books and Terms of the Law then this of mine hath done It hath been the ancient custom of this house for the Reader in his last days Exercise to make a brief repetition in the maner of an Index of the most substantial heads of his Statute and of his divisions And because every profession is most graced when it is followed and trode out in the steps of learned Predecessors I intend therefore to be no changling nor mean I to produce or bring up new usages least old Custom should forget what her self had been In this maner therefore do I make my Repetition First I delivered my opinion touching the extent of this Statute which was as large as the Realm of England and that the English seas were within the Realm I made it to appear that the Dominion and Empire of these seas The legal power of Administration of Justice The property profit and possession thereof doth appertain to the King And that these profits were of two kindes Real and Personal The Real profits were the grounds relinquished by the sea which were always such grounds as had

constructions be not so much grounded upon the letter as upon the sence may in equal justice extend the sence to new making as wel as to renewing of defences for Mr. Bract. Bracton li. 1. Cap. 3. defineth equity to be Rerum convenientia quae in paribus causis paria desider at jura omnia bene coequiper at dicitur equitas quasi equalitas And if the grave and learned Judges have in private affairs introduced this equity to direct inlarge or diminish the letter of the Laws in the sence of construction as by many presidents we finde in Mr. Plow Com. in Hill and Granges Case fol. 178. and in many other authorities à forciori shall this Statute of 23 H. 8. be expounded Hill Granges Case with as much favorable equity as can be to inlarge the letter of the Law in the sence of construction because it tends so much to the advancement of the Commonwealth Et qui heret in littera heret in corticè And if the makers of the Law when this Statute was put into the frame had been demanded whether their meaning was to have it extended to the making of these new defences where either just occasion or necessity did inforce it they would have answered That they so intended it for the soul and life of the Law lieth in the sensible exposition thereof and not in the bare letter as Mr. Plow also fully demonstrates in his Com. in Easton and Studs Case And whereas it is formerly alleaged that the wariness of the Common Law was such in these Cases that it admitted not one such new Trench River or new cut to be made without the awarding out of the writ of Ad quod dam ' directed to the Escheator an Officer sworn to enquire first what damage it might be if such a new cut or drain were made and then upon his inquisition returned there might be one made if by the inquisition it were found convenient else not to be proceeded further in But in answer thereto being the argument set down in the said Case of the Isle of Ely I am of Opinion That there may be more wary and circumspect proceedings by this Commission then in the Ad quod damn ' by the Escheator for there be many Commissioners which be all sworn and in the Ad quod damn ' there is but one the Escheator plus vident oculi quam oculus tutius est rem ' committere pluribus quam uni and in my Opinion it is much better to commit this weighty business to many Commissioners of great gravity experince learning wisdom and integrity then to one Escheator who may perhaps want all those vertues And further whereas in the said Case of the Isle of Ely it is inferred or rather feared that by giving this power to the Commissioners of Sewers they may thereby stop up the havens of this Kingdom that fear is needles for I finde that neither by the letter nor the sence of these Laws any such exposition can be made either to the stopping up or hindring of their currents and passages But to proceed in my former discourse in making new defences I know that in the 43 and 44 Eliz. a great controversie did arise in the county of Lincoln about the building and erecting of two new Goats at 43 44 Eliz. Skirbeck and Langrate for the draining of the waters out of South Holland Fens into Boston Haven which work Sir Edward Dymock Knight did further what he might by the strength of himself and his friends and it was opposed by the Countrey of Kesteven and the very exception thereto taken was That the Commissioners of Sewers could not by the power of their Commission make a Law for the erecting of these new Goats where never any stood there before And that Case proceeded so far as the same came in the end before the two chief Justices Popham and Anderson who both delivered their opinions that the said new Goats if they were found to be profitable for the good and safety of the county might be erected by the power of this Statute but they then wished and advised that the Commissioners should be wary provident and circumspect to advise deliberately before hand that they by the opinion of experienced persons in those affairs the said new works should in all appearance seem to be profitable to the Common weal if they were effected that Commissioners should not in any sort make such devices at the suit prosecution and request of private persons for their private peculiar good who many times sought their own ends under pretence of the publike good And a like great controversie did arise in 12 Jac. in the counties of Cambridge Huntington and Northampton about the making of new cuts and drains in the Isle of Ely by the power of the Commissioners of Sewers which being much opposed the same came in the end to be heard before the King and Councel wherein this Order was conceived as followeth The Kings Councels Order HIs Majesties Attorney-General having according to an Order of this Board of the Thirteenth of October last called unto him the Kings learned Councel and taking Information of such Complaints as were first exhibited unto this Board touching sundry Suits and Vexations moved of late by certain obstinate and ill-disposed persons against His Majesties Commissioners of Sewers for the counties of Lincoln Huntington Northampton and Cambridge and their Officers and Ministers for executing the Orders and Decrees of the Commissioners to the manifest destruction and inundations of many large Levels and parts of the said counties And having by their Lordships like Directions upon advised consideration weighed and compared the said late and undue proceeding with ancient Laws of this Realm appearing in divers notable Records in the point now questioned with the continual and concurrent practise of ancient and later times and also the Opinions of the Lord Popham late Chief Justice delivered in writing very exactly and fully upon the said Questions touching the Power and Authority of the said Commission and thereupon making Report at large unto their Lordships this day in full Counsel of the whole state of the cause Forasmuch as thereby it appeared That these Inventions and Disturbances consist upon Four heads wherein the extent of the Commission was questioned upon pretext and conceit of Law First that the Commissioners of Sewers had not Authority to cause new Banks Drains or Sluces to be made where there had not been any before Secondly that they might not lay the Tax or Rate upon Hundreds Towns or Inhabitants thereof in general but upon the first Presentment or Judgement to charge every man in particular according to the quantity of his Land or Common Thirdly that they had not power sufficient to commit to prison persons refractory and disobedient to their Orders Warrants and Decrees And lastly that Actions of Trespass False Imprisonment and other Proces at the Common Law have been