Selected quad for the lemma: water_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
water_n	john_n	thomas_n	william_n	6,391	5	10.5783	5	true

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

high ways or streams as to erect Bridges or other Engines thereon without lawful Warrant Bridges in highways where there is no stream under but onely some petty Land stream at rain and wet seasons these be dry Bridges and be not within this Statute of Sewers but yet they be within the Statute of 22 H. 8. if they stand on highways In 14 Jacobi Regis it was found by inquisition taken at the city of Lincoln in the Guild-Hall there 14 Jac. before Sir Thomas Grantham Knight and my self and other Commissioners of the Sewers that the great Bridge at Bracebridge near the city of Lincoln and standing upon the River of Wytham thirty miles from the Sea was fallen into great decay whereby carts carriages men on horse-back could not pass over the same as in times past had been used in defect of Hen. Sapcots Esq who ought to repair a part thereof by reason of his Mannor of Bracebridge and of Bartholmew Gregge who by reason of his house standing at the Bridge foot called the Hermitage on the North side of the River ought to repair another part and of the Corporation of Lincoln who was to repair a part thereof and of the country of Moreland who used to repair another part And the same was decreed accordingly But Mr. Sapcot without cause finding himself grieved thereat preferred his Bill into the Exchequer Chamber against Sir Thomas Grantham and others to be relieved therein and did alleage That the same stood far from the sea pretending thereby that the Commissioners of Sewers had no power to deal with the same but at the hearing of the Cause in Anno 16. Jac. he was over-ruled in that and all other parts of this Suit A Calcey A Calcey or Calsway is a passage made by art of Earth Gravel Stones and such like on or over some high or Common way leading through surrounded grounds for the safe passage of the Kings liege people and these Calceys have always been expressed in the ancient Commissions of the Sewers in the Register Fitz. nat bre and in the Statute of 6 H. 6. cap 5. but not any Calceys be in these Laws but Register F. H. N. B. 6. H. 6. such as be over surrounded and low grounds as that of Barston Bank Southy Bank and such like but touching Calceys lying in Towns and Villages which be in the high uplandish Countries this Law doth not in any sort extend unto them but all Calceys leading over the said Bridges and near unto them are provided for by this Law yet no private Calceys are to be dealt withal by the said Commissioners Goats GOats be usual Engines erected and built with Percullesses and doors of timber stone or brick invented first in Lower Germany and after brought into England and used here by imitation and experience hath given so great approbation of them as they are now and that with good reason and cause inducing the same accounted the most useful instruments for draining the waters out of the Land into the Sea There is a twofold use made of them the one when fresh waters flows and descends upon the low grounds where these Engines are always placed and whereto all the channels where they stand have their currents and drains directed the same is let out by these into some creek of the Sea and if at some great floods the Seas break into the Lands the salt water usually have their returns through these back to the Sea Many of these Goats which are placed on highways serve also for Bridges This Goat is no such imaginary Engine as the Mills be which some rare wise men of late have invented but this Invention is warranted by experience the other is rejected as altogether chargeable and illusory Yet these Engines seems to me not to be very ancient here in this Kingdom for that I do not finde them mentioned in any of the ancient Cōmissions granted before this statute did express the same and surely this Statute was so curious in the special repetition of such defences in specie as it intended to defend and maintain that I am of Opinion it can scarce be drawn to extend to any other And therefore I do agree with the Opinion of Sir Edward Cook in his Case of the Isle of Ely that an artificial Mill and such like new invented Engines are not to be erected by the power of these Laws but being once erected and proved by experience to be beneficial to the publique State they may be continued and maintained by the authority of this Statute New defences HItherto I have proceeded onely in the handling and discoursing of the old and ancient defences which be helpful both to Sea and Land And therefore I am now desirous to enter into the argument of new defences being a matter very fit and apt to be disputed on And to give some warrant to my argument therein I have so composed my Case as both old and new be therein contained wherein the point will be shortly this Whether the new River and new Bank mentioned in my Case could be ordered to be made by the power and authority of these Laws And those which would take a part to argue on the contrary may alleage much matter and many reasons to make good their arguments first out of the words of the Law it self for thereby it seemeth that this Statute can bear no such exposition by reason the words thereof literally taken seem to extend onely to the old and ancient defences and not to the erecting of new And the words thereof in this point be these Forasmuch as the Walls Banks Ditches c. by the rage of the Seas and by the fresh waters descending be so lacerate dirupt and broken the Commission therefore doth authorize the Earls of Lincoln Rutland and Exeter Robert Lord Willoughby of Grimsthrop Sir William Welby Sir Thomas Grantham and Sir John Hatcher Knights whereof three to be of the Quorum to survey and amend the said Walls and Banks Ditches c. in all places necessary and the same as oft as need shall be to make new Upon these words of the Statute do those which argue against the new Defences infer That the Commissioners have not any power to cause new Banks new Walls or other defences to be erected and so take a difference between the words nova construere de novo construere the first extending to erect new ones where none were before and the other purporting the erecting of a new one where before an old one stood and the words which inforce this exposition be penned strongly to that purpose for first they have power to repair and amend What such Walls and Banks as were before and the same to build new which words The same literally taken must needs extend to such old fences as were before and the construction being so made excludes clearly the power to make new ones where none was before and this exposition may be exampled