LEGAL SUBJECTS. 459 



THE HUMBLE AND DIRECT ANSWER TO THE QUESTIONS 

 UPON THE CASE OF THE ISLE OF ELY. 



THE statute of the 23 H. VIII. cap. 5, prescribeth 

 the commission of sewers to be according to the 

 manner, form, tenure, and effec. hereafter ensuing, 

 namely, to inquire by the oath of men, etc. who 

 hath any lands or tenements, or common of pasture, 

 or hath, or may have, any loss, etc. and all these 

 persons to tax, distrain, and punish, etc. after the 

 quantity of lands, tenements, and rents, by the num 

 ber of acres and perches, after the rate of every 

 person s portion or profit, or after the quantity of 

 common of pasture, or common of fishing, or other 

 commodity there, by such ways and means, and in 

 such manner and form, as to you, or six of you, 

 shall seem most convenient. 



The commissioners of sewers within the isle of 

 Ely did tax Fendrayton, Samsey, and other towns 

 generally, namely, one intire sum upon the town of 

 Fendrayton, another upon Samsey, etc. The lords 

 of the council wrote to myself, the chief justice of 

 the Common Pleas, and unto justice Daniel and 

 justice Foster, to certify our opinions, whether such 

 a general taxation were good in law. Another ques 

 tion was also referred to us, whereof no question is 

 now made : and as to this question we certified, and 

 so I have reported as followeth, That the taxation 

 ought to have these qualities, I. It ought to be 



