rook case in replevin in the common plea by rook against wither the defendant  justify the take by authority of Commission of sewer direct to b S and other  to survey all wall prout in the Commission in the river of Thames in the  country of ken and Essex because that one carter c be assess to every acre for  repair of a bank c for the not-paiment of which he take the distress to which  the plaintiff reply of his ownwrong without such cause and the juror find the  Commission and the statute of Henry cap Henry cap and that the commissioner do  impanel a jury to inquire of default who present that acre of meadow in which  the distress be take be next adjoin to the river and that the bank of the  river be adjoin to the say acre for which they tax carter to pay S for every  acre and the jury further find that the occupier of the say acre have use  always to repair the say bank sometime voluntary and sometime by presentment  and further that diverse other person have land to the quantity of acre within  the same level and subject to drown if the say bank be not repair and if this  assessment of the owner of the land next adjoin only without any assessment of  the other who have land subject to the like danger of drown be lawful or not  be the question and in this case three point be resolve that the find of the  repair c by the occupier of the say acre be not material because the occupier  may be tenant at will or other particular tenant who by their Act can bind he  who have the inheritance that the commissioner ought to tax all who be in  danger of be endamage by the not repair equal and not he who have the land  next adjoin to the river only for the statute of Henry cap in which the  Commission of sewer be from and specify have precise word in the same  Commission that no person of any estate or condition shall be spare ita quoth  some to hold the earth sive property c rich well poor well one pron. interrog.  creating to stand well rank to be who a defending just salvation per pillage  Wallias ditch throat pontes plant  whirlpool c to have well to have goblet  not at all to act sparingly in here part and if the law shall be otherwise  inconvenience may follow for it may be that the rage and force of the water  shall be so great that the valve of the land adjoin will not serve to make the  bank and therefore the statute will have all which be in danger and who be to  take commodity by the make of the bank to be contributory for who perceive  just to discern by sense debet onus and the say statute require equality which  well agree with the rule of equity see the case of bankrupt in the second part  of my report et vide Henry Br title witness Edward assize Henry Edward sir  William Herbert case in the three part of my report case of equality ground  upon reason and equity Self etenem law to long for ut jure to keep straight  and notwithstanding the say word of the say Commission give authority to the  commissioner to do accord to their discretion yet their proceed ought to be  limit and bind with the rule of reason and law for discretion be a science or  understanding to discern between falsity and truth between right and wrong and  between shadow and substance between equity and colourable gloss and pretence  and not to do accord to their will and private affection for as one say Talis  separation separation to pour together and walmesley justice hold and it be  not deny by any that if the owner of the land be bind by prescription to  repair the river bank that yet upon such Commission award the commissioner  ought not to charge he only but ought to tax all who have land in danger and  to this purpose the statute be make for otherwise it may be that all the land  shall be drown before that one person only can repair the bank and that appear  by the word of the statute for which cause judgement be give for the plaintiff