Representative British Orations Volume 1 (of 4): With Introductions and Explanatory Notes — John Shaqi
Representative British Orations Volume 1 (of 4): With Introductions and Explanatory Notes
History
Representative British Orations Volume 1 (of 4): With Introductions and Explanatory Notes
Speeches, addresses, etc., English
The particular irregularities and obliquities of this business were
these:—1. The surreptitious procuring a verdict for the King; without
giving notice to the country whereby they might be prepared to give
in evidence for their own interest and indemnity, as was done in
Essex. 2. Whereas the judges in the justice seat in Essex were
consulted with about the entry of the former verdict, and delivered
their opinion touching that alone, without meddling with the point
of right; this opinion was after enforced in other counties as if
it had been a judgment upon the matter, and the council for the
county discountenanced in speaking, because it was said to be already
adjudged. 3. The inheritance of divers of the subjects have been
hereupon disturbed, after the quiet possession of three or four hundred
years, and a way opened for the disturbance of many others. 4. Great
sums of money have been drawn from such as have lands within these
pretended bounds, and those who have forborne to make composition have
been threatened with the execution of these forest laws. 5. The fifth
was the selling of nuisances, or at least some such things as are
supposed to be nuisances. The King, as father of the commonwealth, is
to take care of the public commodities and advantages of his subjects,
as rivers, highways, common sewers, and suchlike, and is to remove
whatsoever is prejudicial to them; and for the trial of those there
are legal and ordinary writs of _ad quod damnum_; but of late a new
and extrajudicial way hath been taken, of declaring matters to be
nuisances; and divers have thereupon been questioned, and if they would
not compound, they have been fined; if they do compound, that which
was first prosecuted as a common nuisance is taken into the King’s
protection and allowed to stand; and having yielded the King money, no
further care is taken whether it be good or bad for the commonwealth.
By this a very great and public trust is either broken or abused. If
the matter compounded for be truly a nuisance, then it is broken to
the hurt of the people; if it be not a nuisance, then it is abused
to the hurt of the party. The particulars mentioned were:—First, the
commission for buildings in and about this town, which heretofore hath
been presented by this House as a grievance in King James’ time, but
now of late the execution hath been much more frequent and prejudicial
than it was before. Secondly, commission for depopulation,[23] which
began some few years since, and is still in hot prosecution. By both
these the subject is restrained from disposing of his own. Some have
been commanded to demolish their houses; others have been forbidden to
build; others, after great trouble and vexation, have been forced to
redeem their peace with large sums, and they still remain, by law, as
liable to a new question as before; for it is agreed by all that the
King cannot license a common nuisance; and although indeed these are
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