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104 HISTORY OF CORN MILLING: vol. iv.
^^^ DEF^MTTT«; '^^^ Statute of Magna Charta, made Anno 9 Henry HI., is
CHESTEP ^^^^ omnes kidellj deponantur de cetero nisi per costa maris, &c.
^1_ [that all kidells or causeways be taken down, &:c., except those on
21. The ^^^
Case, margin of the sea, &c.l.
1608.
'
(2) The statute of 25 Edward III., cap. 4, is that all mills, weirs,
and causeys set up during the time of Edward I. shall be pulled
down.
(3) The statute of A^ i Henry IV., cap. 12, recites and confirms
the statute 25 Edward III., and appoints weirs and causeys built
before the time of Edward I. to be surveyed by commissioners : and
those that be too much enhanced since their erection to be amended
to the old-time level.
(4) By the statute 23 Henry VIII., cap. 5, Commissioners of
Sewers appointed to survey weirs and causeys ; not making mention
of any time when they were built : and those they find excessive and
hurtful they are to pull down.
Questio. The question is whether a causey or mill of the
inheritance of the King's Majesty, or any other which hath continued
time out of mind, and may be proved by records to have been
standing in the time of William Rufus long before any Statute for
Sewers was made, and which hath not been since enhanced nor ever
called in question, may now be lawfully pulled down by the Commissioners
of Sewers : And if they offer to pull it down, what may
the owners do justly by law ?
Bacon was of opinion that " The Commission of
Sewers and the statute of 23 H. 8, upon which it
is grounded, extends not to this case." Sir John
Bridgeman
wrote :
** The commissioners ought not to
meddle with any such weir or : causey if any attempt
to pull it down, the owner may resent them." Other
learned counsel expressed similar views.
22. Commis- 22. The cause at length came before the Privy
quashed ts^oq Council, April 27, 1608, and was referred on points of
law to three judges, including the. famous Coke ; who,
upon May 29, 1609, decided that the commissioners
had no power to issue their decree. The latter was
thereupon quashed by an Order in Council, June 2,
1 609 :—
Karl. MSS., At the Court at Whytehall, 2 Junij 1609.
2084. 336. In the cause depending between the lords of his Majesty's most
honourable Privy Council concerning a decree heretofore made by
certain Commissioners of Sewers for a breach of ten yards in length
to be made to the bottom of the river in a causey of stone within