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
,
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.
[
†
](A05531-e10280-b)
†
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
[
*
](A05531-e10300-b)
*
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●
〈◊〉
,
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
.