and delegate legislative functions, wholly or partially, to any inferior authority, would surely be a lamentable abandonment both of power and of duty.1

APPENDIX A.

WATER SUPPLY AND PROTECTION AGAINST FLOODS

AT HULL, A.D. 1402.

THE following is a copy of a Commission issued in the reign of Inquisition, Henry IV. for inquiry into the means of draining and supplying 3 Hen. IV. the town of Kingston-upon-Hull with water':—

"Henry, by the grace of God King of England and France, and Lord of Ireland, to our chosen and faithful Henry de Percy le Fitz, Esquire; William Gascoigne, Esquire; Peter de Bukton, Esquire; John Scrop, Esquire; Robert de Hilton, Esquire; John Rouch, Esquire; John Holtrum, Esquire; Robert Tirwhit, William Godyngton, Hugh Arderne, John de Predenesse, and Richard Tirwhit greeting:

against in

roads of the

Humber.

fresh water.

"Know ye that whereas, as we have learned, our chosen lieges Protection the mayor, bailiffs, and commonalty of our town of Kingstonupon-Hull, hold the same town of us at a fee farm of sixty and ten pounds per annum, and that town is situated upon the river Humber, which is an arm of the sea; and there is need in these days of great charges and expenses for the protection of the same against the force of the water aforesaid; and so as well on Obtaining account of charges and expenses of this kind there daily arising, supply of to be sustained and supported, as that sweet water is not had coming or flowing to that town, except only by boats, and that at sumptuous cost, whereby the poor inhabitants of the town aforesaid in large numbers every year during the summer time, of necessity, on account of the scarcity and dearness of water of this kind, depart from the same town, and renounce and avoid it, to the injury of the town aforesaid, and in process of time to the final destruction of the same, unless a suitable and speedy remedy in this matter be speedily applied:

"We, considering the aforesaid, and that the said town is the key of the country there adjacent, and of all the county of York, and desiring therefore to treat with gracious favour the aforesaid

1 See Part II. Appendix to Second Report of Commission on State of Large Towns, &c. in 1845, p. 333.

Inquiry into best means of providing for these objects.

Ad quod damnum.

Return of inquisition into Chancery.

mayor, bailiffs and commonalty in this matter, at the petition of the mayor, bailiffs and commonalty themselves, have assigned you, eleven, ten, nine, eight, seven, six, five, four and three of you, of whom we desire some of you (you the aforesaid Henry, William, Robert Tirwhit, William and Hugh to be one), to inform yourselves by all legitimate and honest ways and means by which, according to your sound discretions you shall best have known how or be able, and also to make inquiry, if it shall be necessary, upon the oath of good and lawful men of the county aforesaid, as well within as without the liberties, through whom the truth of the matter shall be able to be ascertained, how and in what manner the said town the better, the more speedily, and the more effectually shall be able to be relieved and sustained with sweet water of this kind, through parts there contiguous and adjacent, as well by sewer courses as by other mode; and to the full and due execution of all and of each (of the things) which shall happen to be devised in this matter, through information of this sort, or by inquiries, by you, eleven, ten, nine, eight, seven, six, five, four, or three of you (of whom we desire some one of you, you the aforesaid William, Robert Tirwhit, William and Hugh to be one), to be duly taken to be ordered, made and completed in the best and most discreet manner which you shall know or be able.

"And further to inquire by the order of good and lawful men of the same county, as well within as without the liberties, through whom the truth of the matter shall be better able to be known, whether the aforesaid matters to be ordered, made and completed in this business by you, eleven, ten, nine, eight, seven, six, five, four and three of you (of whom we desire some one of you, you the aforesaid Henry, William, Robert Tirwhit, William and Hugh to be one), what they shall have been so ordered, made and completed, be to our loss or prejudice or (to the loss or prejudice) of others or not; and if it be so, then what our loss and what our damage, and what the loss, and what the damage of others, and of whom, and how, and in what manner.

"And therefore we command you that at certain days and places which you, eleven, ten, nine, eight, seven, six, five, four or three of you (of whom we desire some one of you, you the aforesaid Henry, William, Robert Tirwhit, William and Hugh to be one) shall have provided for this purpose, you diligently attend respecting the aforesaid matters, and cause them to be inquired into, and examine them, and send without delay to us in our

Court of Chancery, and this briefly, the inquisitions thence distinctly and openly made under the seals of you, eleven, ten, nine, eight, seven, six, five, four or three of you, the aforesaid (of whom we desire some one of you, you the aforesaid Henry, William, Robert Tirwhit, William and Hugh to be one), and under the seals of those through whom they shall have been made.

be summoned

"For we have commanded our sheriff of the county aforesaid, Witnesses to at certain days and places which you, eleven, ten, nine, eight, by sheriff. seven, six, five, four or three of you (of whom we desire some one of you, you the aforesaid Henry, William, Robert Tirwhit, William and Hugh to be one), may cause him to know, that he cause to come before you, eleven, ten, nine, eight, seven, six, five, four or three of you (of whom we desire some one of you, you the aforesaid Henry, William, Robert Tirwhit, William and Hugh to be one), so many and such good and lawful men of his bailiewick, as well within as without the liberties, through whom the truth of the business in the aforesaid matters shall be able the better to be known and inquired into.

"In testimony of which thing we have caused these our letters to be made patent. Witness me myself at Westminster, the eighth day of March, in the second year of our Reign.

"By the King himself and Council,

"GAUNSTEDE."

[Here follows the Return of the Inquisition of the Jury.]

INDORSED.

"The Answer of John Scrop Esquire, and of his Fellow Com- Return to missioners within written appears in our Inquisition and writ. Verdict (sewed to this Commission).

"We, John Skrop, Hugh Arden, John Redeves, Richard Tirwhit, and our Associates, Commissioners of the Lord the King, being assigned by his letters patent to arrange, effect and determine how and in what manner the town of Kingston-uponHull shall be able to be better, more speedily and effectually relieved and sustained with sweet water, as well by sewer courses as by other mode, according to the force, forms and effect of the said letters to us, the aforesaid Commissioners directed, as in the same letters patent more fully appears:

Sewerage works recommended.

Dams for warding off salt water.

Springs to be conveyed for public use.

"By virtue of the aforesaid letters, and by good deliberation previously had, also through the information, assent and consent of the parts adjacent, and of very many trustworthy persons, we have for our decision decreed, ordained and determined that a certain ditch named a sewer be constructed anew in the pasture meadows and ground of Anlaby, in breadth twelve feet, and of the depth of five feet measured by the royal yard, in length from the spring called Julian's well, in the said pasture meadows and grounds of Anlaby, as far as the Wald Kerr of Swanland, and so descending from the Wald Kerr aforesaid, in the length, breadth, and depth aforesaid, as far as Miton Kerr-dike, and so descending by Miton Kerr-dike, on the north part of the field of Miton Kerr, as far as a certain ditch newly made near the common road which leads from the aforesaid town of Kingston towards Beverley, in length descending as far as the ditch called the Town-dike, under the walls of the said town of Kingston, and so thence descending, and by sufficient course, as far as the gate of the said town of Kingston-upon-Hull; and that a sufficient dam for the warding off of the salt water may be made in the north end of a certain ditch lying between the pasture of Anlaby and the pasture of Swanland, called the Wald Kerr, for ever; and another sufficient dam, likewise made for the warding off of the salt water, at the north end of a certain ditch lying between the pasture of Swanland called the Wald Kerr, and a certain pasture called Miton Kerr, together with all other dams whatever hereafter to be made, wherever it shall appear necessary to the mayor, bailiffs and commonalty of Kingston-upon-Hull, now and in future, for the preservation of the sweet water aforesaid, and the warding off of all salt waters whatever coming there for ever; and that all the dams aforesaid made or in future to be made there, as well in constructing as repairing, be made by the aforesaid mayor, bailiffs and commonalty at their own proper cost, without injury, disturbance or obstruction of any persons whatever for ever.

"Through this sewer so to be newly constructed and afterwards to be called Julian-dike, all the courses of the sweet waters as well of the said spring called Julian-well as of all other courses of springs in Derrynghamynges in Anlaby, together with the course of a certain ditch in Derrynghamynges aforesaid, and the North Kerr of Anlaby, together with the courses of two springs existing in Anlaby and Hautempris, namely, from one spring in the ditch formerly (in possession) of Peter de Anlaby in Anlaby, thence descending as far as the aforesaid ditch called