Home / O'Callaghan, E.B., ed. The Documentary History of the State of New York, Vol. III. Albany: Weed, Parsons and Co., 1850. / Passage

Documentary History of the State of New York, Vol. III

O'Callaghan, E.B., ed. The Documentary History of the State of New York, Vol. III. Albany: Weed, Parsons and Co., 1850. 301 words

I uiuleis'and, witlim the Realm o^ England^ a General Custom is to be decided by the Justices, which I take to be tlie Twelve Judges : But if not, I suppose it must be more than One single Person ; but in a particular Custom (as tliis is) the Student at Law taith, If it be not against the Law of God nor the Law of Reason, although they be against the said general Customs or

PAPERS RELATING TO SUFFOLK COUNTY. 375

Maxims of t>.e Law ; yet nevertlieless, tliey stand in Elfect and be taken for Law : But if it rise in Question in t];ie King's Courts, Wiiet!.er t'lere be any such particular Custora or nof? It s'.iall be tried by Twelve Men, and not by the Judges, excep| fp.e same particular Custom be of i-ecord in t'.ie same Court ; And if not to be Iritd by the Judges, to be sure not by one particular Judge. So I crave and Request of tliis Honoured Court, the Judgment of Twelve Men, my Peers of t!ie same Vicknage, tb.at may know sometliing of tlie Matter, that Justice and Right may be done in such Matter of great Consequence as this is.

And in fine, We have Water and J^akes, which is Sea^ grantea to us. In the 8th Chapter of St. Matthew^ Verse 22. it is said, Tke Herd cf Swine ran into the Sea ; And St. Mark, Chap. 5. Vcr. 13. saith, They ran into the Sea : St. Luke^ Chap. 8. Ver. 33. saitli, Then ran into the Lake and were checked. So that by the most Infallible Rule, the Lake is Sea^ and the Sea adjacent to the I^nd is Lake, which is granted to us, it being one of the Premisses of t'le Grant.