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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
truth_n	add_v	better_a	great_a	108	3	2.0707	3	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A45932	Instructions for jury-men on the Commission of Sewers shewing, 1. what they are to surveigh and view, 2. what to enquire and present, 3. how, delivered in a charge to 3 several juries at a session of Sewers holden at Spalding in the county of Lincoln : to which is added two other charges, the one concerning Lovell's works the other touching the river of Glean in the said county.	England and Wales. Court of Sewers (Lincolnshire, England)	1664 (1664)	Wing I244; ESTC R26433	49,852	132

and more to look after it than most other Men The Commissioners are now to View with your ●es and to receive Information from ●ur mouths you are the Men that re●esent the several Wapontakes where● you dwell and 't is now in a specil manner become your particular ust and duty truly to inform the ●ourt what by virtue of this Com●ission is 1. fit or 2. needful to be one there and I hope you will be ●reful that you do discharge it 3. Thirdly From Religion And ●at is an Oath you have here taken ●at you will discharge it Shall I tell ou what an Oath is 'T is the very trongest Bond in Religion and some ay Religion it self hath its Name a Ligando as being nothing else but a ●ond to God-ward Now an Oath is ●o less than a Bond upon the Soul it self Numb 30. V. 3. than an Obligation ●pon your Consciences as you are Christian Men. Deum invoco Testem in Animam meam I call God for a Record upon my Soul saith the blessed Apostle 2. Cor. C. 1. V. 23. And So help me God and his holy Gospells that is So help me God in Christ say every one of you You 1. contest God you 2. oppignorate your Salvation it may be both 1. a Soul-matter and 2. a Salvation-matter and therefore not lightly to be esteemed 1. God he is the God of Truth and is there any of you dare deal falsely with him and be 1. knowingly yea 2. willfully and 3. stubbornly Negligent And 1. not endeavour nay which is worse 2. obstinately and 3. absolutely refuse to discharge your Duty as some very lately here before you have done wherein you are thus solemnly engaged however in truth and according to the best of your skill 2. God he is the God of Righteousness and is there any of you in an unjust way for 1. Malice or 2. Favour or 3. Fear or 4. Corruption 1. dare not to do what you ought or 2. dare to do what you ought not If you dare let me tell you 3. God he is the God of Vengeance too Et qui fecit Testem caveat vindicem He that hath made God a Witness let him take heed he make him not a Revenger too for he will not be a Witness in vain neither will he suffer any of you or us no not the best of us all to take his Name in vain But Notions of this kind you ought to hear from another place and therefore here I forbear them only give me leave to tell you That an Oath is a thing so Sacred that the very Whore in the Commedian she is at her Aliud si scirem Sanctius There was nothing in the World she knew of greater Religion or Obligation And 't is a sad complaint in this later Age of the VVorld against Christian Perjury Christianus Fecit nil Mirum nec Novum That we Christians should make no more account of it the very Turks upbraid us with it So Gentlemen to conclude here is a the three-fold Obligation upon you in this business 1. the first a Rational Obligation from Prudence 2. the second a Civil Obligation from Justice 3. and the third a Sacred Obligation from Religion Let some of these or all of them at least make you both 1. careful and 2. conscientious to discharge it And so I trouble you no further with words but leave you to your VVork DIXI A Charge of Sewers 1. As to Lovells Works 2. And the Charge of them Occasioned upon his Assignes being Outed in Deeping Fen and the Re-entry of the Owners and Commoners there Anno Domini 1657. Gentlemen You of this Jury TO give you some account upon what business you are called hither It cannot be unknown to you that one Thomas Lovell Esquire some years heretofore by virtue of certain Lawes of Sewers and of an Act of Parliament became an Undertaker for the Drayning of two great VVasts in this County The one of them called Deeping Fen understanding by that name as I shall do throughout my whole Discourse and as I have VVarrant for it from a Law of Sewers made ●o that purpose all the Fens in that Continent between the two Rivers of Welland and Glean The other Thurlby Fen and Burne South-Fen Some of you seem to be of those years that I question not but you did personally know the Man himself and might also know both 1. the Condition of the said Fens and 2. the Charge of all Works of Sewers relating thereto before Lovells intermedling This Undertaking of his I may well call a great Work if meer Undertakings make one 1. Great First In respect of the Persons Interessed For in the said Wasts besides Cowbitt and Caswick and the odd Houses in Gretford and Tofte no fewer than twenty Towns in the parts of Kesteven and Holland have right of Common three whereof are Market Towns and they of as good trading and traffique as most generally in the County 2. Great Secondly In respect of the End Intended which was the great Benefit and Profit that upon the Drayning of the said Wasts was to ensue not only to the Commoners and other persons Owners therein but also to the Common-wealth and Realm of England it self And I would I could add that it had been great Thirdly In respect of the End Executed too that is a great Work in the Performance or a great Work perfected but this being wanting I may with much truth and propriety of language say it hath proved no Work at all This great defailance is the cause of this present Meeting and is the occasion of your present Enquiry For your better direction wherein I shall propound three things First What the Covenants or Contract on the part of Lovell was Secondly Lovell for the present being legally Outed from his third part in those Fens or in most of them what now is to be done as to the Works he hath left And Thirdly Where and how they are to be charged Touching the First the Covenants upon which Lovells Undertaking was grounded may be reduced to two Heads First What he was to Do. Secondly What he was to Have As to the First what he was to Do the principal Works omitting those of less concernment as being not much material to our purpose were these 1. First 1. The Drayning of the said Fens and 2. the continuing of the same for ever firm dry and depasturable Grounds for Cattel at all times of the year a commendable Work doubtless had he performed it Antiquity hath made famous mention and hath given famous testimony to Works of this nature the very designation of them is recorded by Suetonius to the fame and honour of that great Emperour Julius Caesar and that inter Majora opera amongst those renowned and Imperial Works or Designes of his such as to follow the expression of that Author were de ornandâ Instruendâque urbe de Tuendo Ampliandoque Imperio For the

see it not in Facto An old saying it is and loath I would be that we in our dayes should conveigh the sad remembrance of the Truth of it to following Generations 7. Besides Rivers there is in the Commission mention made of Floods which doubtless are 1. either Waters 2. or Water-courses and for my part I take them to be nothing else but your greater Rivers Both Flood and River as to the words have their derivation a Fluendo the one in Greek the other in Latine and till I be better instructed I shall hold with the Civilians That Flumen à Rivo discernendum est vel Magnitudine vel circum-colentium existimatione That is Floods are nothing else but your greatest Rivers or those Rivers are Floods which have been accustomedly so called And falling here upon that thing we call common estimation give me leave to tell you That it may be some words that I have hitherto explaned and some others that I shall have occasion to speak hereafter may not agree altogether with that usual and accustomed ●ense you have of them and no wonder for I have endeavoured to diffe●ence words as they are used in the Commission and not as they are used in ●our common Language Certain it is ● That every word is not throughly ●eighed before it be spoken 2. Neiher are any words used in full and exact Propriety So that the same word must ●f necessity have different significations ometimes in a larger sometimes in a ●ricter sense even accordingly as it is sed Now in this ambiguity of words think I have good reason to follow the Commission and to conceive a rational ●nse and difference of them 1. as they ●e or 2. in likelyhood are there used ●ther than to follow common Lan●age wherein I am sure there is no ord whatsoever but what is commonabused And this is all I shall reply to any who shall have a mind to play the Critick upon what I have spoken And thus I have done with your VVater-courses and have brought down the waters 1. from the Springs by your Sreams and your Rivers to the Sea and 2. from off your Lands by your Drains to their Out-fall where I find an Engine 1. of excellent and 2. approved use in Draining and finding it named in the Commission I cannot handsomely overpass it without taking some notice of it and that is a Goat or as you more commonly call it a Sluce Hitherto we have spoken of VVater-courses and that is of water in decursu of water in its descent or current only I have but one word more to speak of the water now and that is of the water in exitu in its Out-fall Your Drains they indeed bring the waters down but your Goats they let them out and are Instruments of Draining so Artificially devised that during the Ebbing of the Sea they are always open to let out the Land-waters and during the Flowing thereof they are always shut to keep out the Salt and the Sea-waters Of like use with your Goats and uces are your Flood-gates and as I ●nceive so far as they are beneficial to ●u in matter of Draining are to be ●teemed parts of them or at most and here they are sole but imperfect moels and parcels of them For if they e impediments to Navigation or ●raining they are then either to be eeemed as Locks or in a more peculiar ●anner belong to the Water-Miller f which more hereafter And so I ave done with all those things you are o view which concerns 1. either Naigation 2. or Draining A third sort of things you are to view oo which are within the defence of he Commission of Sewers and they oncern common Land-passage in such Maritime Countries as this is These are such as maintain a Way amongst us and that 1. either upon the Land as your Calsey or 2. over the Waters as your Bridges without both which this Country would be altogether unpassable and would be a place both Invius Avius without any passage 1. in it or 2. to it cut off from the Up-land Countries above us and cut in pieces amongst ou●selves And as your works of Sewars 1. which relate to Draining make the Country habitable 2. and Navigation makes you maintain a Traffique o● Trade with other Countries 3. so your Bridges and your Calseys these make an intercourse and a way for Trade amongst your selves within your own Country here at home But before I proceed further give me leave to give you some account of the Method I now proceed in It may be thought and for mine own part I my self have had thoughts that way that although it be a thing altogether undeniable that the words Pontes Calceta that is Bridges and Calseys be expresly contained in all the Commissions of Sewars that ever were yet in use either at Common-Law or by Statute-Law yet that the Commissioners of Sewars had no further to meddle about them than as things relating to Navigation or Draining Well let this be granted yet I take it to be a thing undeniable too that they do conduce to these ends not only 1. by defending against the Waters but also 2. by preserving a passage over the Waters and so preveuting Fords and such like obstructive and inconvenient Passages within them and this benefit of common Land-Passage being the main end hese Works were principally made and contrived for I shall crave leave to propound them to you accordingly And yet further in as antient Escripts of Sewars as ever came to my view nd are at this hour preserved ●mongst ●he Records of this Court I do find hat Calseys and Bridges have in the exe●ution of the Commission been taken ●otice of as common Land-Passages These antient Inquisitions I have seen he one without Date the other taken Nono Edwardi Secundi and the third Quarto Henrici Quinti 1. VVherein oncerning Calseys I do find that Garwick Calsey in the Parts of Keste●en was presented u●on Great Hale Town there and the Abbot of Bardy to be repaired and sustained pro Hominibus Peditibus Equitibus hat is both for Foot-Passage and for Horse-Passage And I also find Brigge-Dike Calsey Presented as Regia strata pro quibuscunque Legeis Domini Regis de super transitur is de Kesteven usque ad partes de Hollande And the Decayes thereo to be in Magnum periculum plurimorum de Populo Domini Regis super dictum calcetum transeuntium And this I take to be full enough and sufficiently to prove that as Calseys of themselves are common Land-Passages so that heretofore the Commissioners of Sewers have taken Cognizance of them as such 2. And as for Bridges I find them Presented in the said Inquisitions not only in respect of the 1. Passage of the VVater 2. or of Boats under them but also in respect 3. of Land-Passage over them Thus Burton Bridge cum Calcetis is Presented to be Alta via Regia

Grounds heretofore through politique wisdom won and made profitable for the benefit of the Common-wealth is the chief thing within the charge and care of this Commission The Sea-coasts upon this Country you all very well know is a flat and a loose Sand and would soon silt and stop up the Outfalls of the whole Country was it not for the Rivers and the constant Streams of Water issuing down their Chanells And I observe that it hath been the prudence and providence of our Predecessors and such others as have been employed for the Preservation of this Country to preserve the Out-falls of the Rivers in their full deepness and to lay what force of Water they could upon them either by Fynnes or such other Devices for the scouring out of the Sand. Now this River of Glean as to this very part of it from Newbury that you now have in charge 1. it being the Out-fall to the whole River and 2. it being at present so greatly obstructed that by reason thereof this River cannot discharge its own Waters into the Sea Look a little back upon the mischief of it First Those Waters rebound upon the Fens and cause a great surrounder there From whence Secondly Upon all winds and storms they rage against the Defensive Banks of the Towns and cause a daily danger and fear there And Thirdly They obstruct the Out-falls of all your other Draynes So that for the present what violence of Waters soever shall come upon the said Townships either by downfall or otherwise such is their sad condition they must receive all of it in and can issue little or none of it out And thus this River of Glean and that other of Welland heretofore the two principal Ornaments of this Country and the chief riches and delights of the Towns through which they had their Currents are now 1. for want of maintainting and 2. by reason of other abusings become the greatest Mischiefs And those Towns heretofore the principal in the Country are now become little better than meer Ponds and Pools nay very Seas as in truth whoever at present will look upon them shall find them such 3. Thirdly 'T is for the Preservation of many very great and considerable VVorks of Sewers lately repaired for the good of the Country As 1. Blew Goat 2. Burtons Goat 3. the several Drayns leading to each of them all which depend wholly upon the gaining of the Out-fall of this River which if once effectually Ditched these very VVorks would preserve and if not 1. the VVorks themselves will be altogether useless and 2. great summs of Money expended about them will be utterly lost And so I have done with the first part of my Discourse and I hope have therein sufficiently intimated to you the Necessity of the VVork and that the Necessity of it is so great that without unsufferable dammage and danger to the Country it can admit of no delay In majoribus Causis major adhibenda est Cura The greater import and necessity the business is of the greater also ought to be the care of such as are trusted in the management of it The Commissioners you see have sufficiently testified theirs 1. in giving it a particular Consideration and 2. directing you as a particular Jury for Enquiry in this mighty Business And I doubt not but that you will all of you endeavour to manifest your care and diligence in doing of your parts as the Commissioners have in doing theirs And so I come to the second part of my discourse to declare unto you the Persons upon whom this VVork for the present is to be charged Clear it is that the Charge thereof for many years last past ever since the 41 st and 42 d. of Queen Elizabeth by certain Lawes of Sewers then made or at least ever since the First of King James by Act of Parliament in Confirmation of those Lawes hath been upon Lovell his Heirs and Assignes The words are That Lovell his Heirs and Assignes at his and their own proper costs and Charges amongst many other things shall also for ever maintain and keep the Rivers of Glean and Welland with sufficient Diking Roading and Scouring to wit the River of Welland as is therein expressed and this of Glean from a place called Basson Spout unto its Out-fall into the Sea So that this part of Glean from Newbury through Surfleet to its Out-fall was undoubtedly included in Lovells Charge and was a part of his VVork And also shall thereof discharge exonerate acquit or save harmless as well the Queens Majesty that then was her Heirs and Successors as all other person and persons their Heirs and Assignes of and for the repairing and amending of their several Parts and Allotments in either of the said Rivers These words are all that any person formerly lyable to the maintaining of these Rivers can allege 1. either to charge Lovell 2. or to discharge himself And I shall consider how far these words may operate First As to the Charge upon Lovell his Heirs and Assignes And Seconly As to the discharge of such other Persons as were formerly lyable thereto 1. For the First As to the Charge imposed upon 1. Lovell his 2. Heirs and 3. Assignes how far it shall extend upon them that I may proceed therein with the greater clearness I shall take them severally And 1. First As to Lovell the Person that bound himself to the doing of these Works I take it to be a full Charge upon him both as to his 1. Person and 2. as to his Estate But he many years since is dead and gone and so 1. no help from him for the present at all 2. much less any present and speedy help such as the Necessity of this VVork requires 2. Secondly As to his Heirs they being herein expresly mentioned I take it to be a Charge to them likewise so far as Heirs by the Law are chargeable that is 1. so long and 2. so far as they have Assetts descended The Lawes of this Nation give me leave to speak it are not so hard in this Point as those sometimes of the Kingdom of Israel where the Children might be made Bond-slaves to satisfie the Fathers Creditor No they burden not the Heir where the Heir hath no benefit And as to any Estate 1. of his own industrious Acquest 2. or of Gift 3. or Right from others they burden not that neither And 1. no farther nor 2. no longer is the Heir lyable than so far and so long as he hath Assetts in descent Now in case you make Enquiry after Lovells Heirs as to this particular I doubt it will be to little purpose Lovell confesseth himself to have spent his whole Estate in these Works and very unlikely are his Heirs to hold Lands from him otherwhere who never enjoyed from him one Foot of these in the Fens So then Enquire you 1. may and 2. ought after them but if no Assetts be in