Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	chief_a	lord_n	plea_n	5,523	5	9.8646	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A43423	Lent, 1638 the learned reading of John Herne Esq., late of the Honourable Society of Lincolns-Inne, upon the Statute of 23 H. 8 cap. 3 concerning commissions of sewers / translated out of the French manusctipt [sic].	Herne, John, fl. 1644.; Herne, John, fl. 1660.	1659 (1659)	Wing H1572; ESTC R12243	16,099	37

LENT 1638. The Learned READING OF John Herne Esq Late of the Honourable Society OF LINCOLNS-INNE UPON The Statute of 23 H. 8. Cap. 3. CONCERNING COMMISSIONS OF SEWERS Translated out of the French Manusctipt LONDON Printed for Matthew Walbanke at Grayes-Inne-Gate in Holborn 1659. The Right Hon. ble S. Thomas Trevor Knight Lord Chief Iustice of Her Majesties Court of Com̄on Pleas one of Her Majesties Most Hon. ble Privy Council 1702 TO THE RIGHT HONORABLE AND RIGHT WORSHIPFUL THE COMMISSIONERS OF SEVVERS FOR The City os VVestminster and parts neare adjacent I Here present you with a Reading the Author whereof may be known to most of you it is not for me to write Ercomiums on his worth for his eminency f●… other learning besides his great knowledge that appears in this speaks him more to the judicious and intelligent then I dare take upon me to express lest I do too little knowing my inability of doing him honor enough I humbly beg your pardon in obtruding so rude a Composure as to the translation upon your Patronage the sense of my own weakness making me conscious of some mishaps but reflecting upon the greatness of your judgements and learning in this Law together with your candor to my years will first rectifie and then pardon Let the world shoot their bolts I have my end if in this or any other act I may be esteemed Your humble Servant TO THE READER Reader I Can neither find nor learn that ever any but Serjeant Callis ever writ upon this Statute therefore this is the rarer I have that reverence both to the Author and his work that I professe to my best knowledge I have not wrong'd him in the translation but what the smallest judgement may correct You 'l find not much Rhetorick in regard the Law obliges me to singular terms Farewel LENT 1638. The Reading Of that Learned Lawyer Iohn Herne Esquire Late of the honourable society of LINCOLNS INNEVpon the STATUTE of the 23. H. 8. Cap. 3. A Genrall Act concerning Commissions of SEVVERS OUR Soveraigne Lord the King considering the daily great damages and losses which have happened c. as well by reason of the outragious over-flowing surges and course of the Sea provided this Act in prevention of that and other incursions All Statutes of Sewers are made in aide of the ancient prerogative of the King and how be it they are penall as well to the Person as to the Frank-tenement of the offender yet because intersunt reipublicae they shall have a large benigne construction 6. R. 2. Fith 46. Avow 122. 5. Rep. Sr. H. Constables case This Prerogative hath its originall from the Law of Nations which in truth is the originall of Monarchical Government and the same Law gives to such Governors Jura Regalia as well in respect of sea as land as to have Sturgeons Whale Wreck c. And as to that the statute that gives the prerogative is but declaratory of the Common Law and in respect of these prerogatives the King ought alwayes both as wel upon the sea as Land to govern and protect so that alwayes the King was bound ratione dignitatis Regiae to provide for the safeguard of his Kingdome c. and so it is recited in the ancient Commission of Sewers N. B. 113. a. Sir Iohn Davis's Reports case of Royall piscaryes The principall differences between the ancient Commissions and the Commissions grounded upon our statute are three 1. The first is Enumeratio delicti for at the Common Law the commission did not extend but to eight particular offences but there are added by this statute damages by banks streames mills c. and in conclusion it is penned with these generall words All annoyances 2. Admensuratio extenti for the commission upon this statute extends not onely to maritine parts but to the reforming all Nusances in any part of the Realme of England as well of Rivers navigable as not navigable to streames c. but alwayes with this Caution that the proceeding tends to a publique good and not to a private benefit and for this reason there ought not to be any impedement to navigation or to a River which by industry may be made navigable or for the overflowing of land so of rivers newly made for navigation or drayning for a Countrey as in Lincolne-shire In these cases it concerns the generall benefit of the subject otherwise of private waters and so is it of the Kings high-way which is onely within this statute and not for the wayes for private use among particular persons 3. Aggravation of the penalty as by this statute it may be by abatement fine imprisonment c. so that this statute may truly be said to be quasi tiranicall and yet just for it is but a tyrant opposed against tyrant ss the rage of the sea For explanation of this statute there are to be considered the principal the verba operativa within the statute There are seaven words respecting the meanes ss ad Supervidendum ad Inquirendum ad Tapandum ad Assignandum ad Arrestandum ad Ordinandum ad Determinendum There are three conducing to the end sl ad Defendendum ad Amovendum ad Distruendum Within the exercise of this day it shall be shewn who may be a good Commissioner to make a survey What may be a good enquiry and what shall be a good Taxe The King is supreme Justice through all the Realme yet he cannot be a good Commissioner within this statute for all the fines accrue to the King then he should be judge in his own case a blind man cannot be a Commissioner for he cannot be a Surveyor who ought to be in the person of a commissioner as in an action of waste the Sheriff ought to enquire in propria persona so in the case of Redisseism it lyes not in ancient demesne 7 H. 35. 61 Fith. Red. 4. rep 6. 5. but onely before the ●heriffe for in this case the Sheriffe is made Judge by the statute So here the commis●ioners ought to be Judges upon their Survey which is the office of the eyes ● ● 197. and so Mary 〈◊〉 of Richmond was in commission of the p●ace cited per Mr. Taylor In the Survey there ought to be ●estes Occular●s A Feme may be a commissioner and this differs from the case of a Justice of peace upon the statute of 13. R. 2. 7. for our statute is generall and does not design any person in-particular Then I do not conceive any naturall disability in a woman as to a temporall government though we see the is excluded a spirituall Neither is it rare that temporall Government hath been given to Women as well as men Deborah was Iudge in Israel and Semiramis in Syria and it was adjudged in B. R. 5. Car. That the office of Marshall of the court well descended to a Feme and that shee might well execute it by her Deputy c.