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book_n	author_n	print_v	write_v	2,056	5	5.4928	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A55554	The animadverter animadverted: or, Brief observations on animadversions Published by Thomas Harlackenden, Esquire. Intitluled, Animadversions on several material passages in a book written by Sir Nathanael Povvel, Baronet. By the same authour.	Powell, Nathaniel, Sir, d. 1675.; Harlackenden, Thomas.	1663 (1663)	Wing P3065A; ESTC R218342	27,192	53

THE Animadverter Animadverted Or Brief Observations On Animadversions Published By Thomas Harlackenden Esquire Intituled Animadversions on several Material Passages in a Book Written by Sir NATHANAEL POVVEL Baronet By the same Authour Veritas non querit Angulos LONDON Printed for the Authour 1663. TO THE RIGHT HONORABLE JOHN Earl of Thanet Island AND THOMAS Lord CVLPEPER Baron of THORSWAY My Lords I Presume it seems as strange to your Lordships as to my self and others that those Animadversions composed of so many mistakes and errours and larded throughout with such malitious aspersions and surmises should be published in the name of Thomas Harlackenden Esq a Gentleman of Worth and Quality and recommended to your Honours Patronage whose Noble and heroick Spirits have ever shewed much aversness from all proceedings which endeavour to wound the reputation of a good cause Controverted through the sides of the Assertors I shall not trouble your Lordships with the repetition of them but annex hereunto a List of those Gentlemens Names who concurred with me in those times and actions whereunto the Animadverter takes offence not doubting but their known Integrities and Judgments will abundantly vindicate my Reputation therein being Persons of too great Judgement to be deluded with shadowes only and too much fidelity to betray their Trust and sacrifice their Consciences to advance any mans particular Interest Neither will I trouble your Lordships by relating with what diligence those Animadversions were dispersed at Allington Court and at the late Session of Sewers amongst the Commissioners and Jurors at and before such time as they were impanelled the consequence whereof I leave to your Lordships consideration upon that which ensued but will briefly state the matters in difference between us and for satisfaction therein refer your Lordships partly to my former Treatises and partly to that which followes 1. The principal matters in difference are briefly these First whither the late drowned lands being recovered thirty yeers since having formerly spent twenty yeers time and twenty thousand pounds fruitlesly in hopes of recovery at the disproportions of twelve pence per Acre drowned lands and four pence per Acre Sommer lands shall be scotted at the same disproportions during the continuance of the Indraught in Wittersham Level the continuance thereof being necessary for both their preservations and no future advantage thereby given to the late drowned lands then to the late sommer-lands Whereunto I answer that it is acknow ledged by the Animadverter fol. 54. That when the Articles were agreed upon between the Committees for the upper Levels and Wittersham dated the 18th of February 9 Car. 1. The upper Levels were drained which occasioned those Articles from which your Lordships may observe That Wittersham Indraught was not of absolute necessity to the recovery of the drowned lands other then to procure the concurrence of the owners of the sommer-lands and others for whose preservation the same was of absolute necessity as the Animadverters Grandfather hath often declared and after attested under his hand not many weeks before he died which your Lordships may peruse in my Remonstrance towards the end thereof fol. 6. And further The decaying sommer-lands notwithstanding their many years preservation by the three first Indraughts at Peening Ebony and Woodruff grew afterwards into further decay so that in the year 1630. the Channel of the River of Rother was so much swerved and decayed as that all the lands sewing thereunto viz. Romney Marsh Walland Marsh c. all which lie some miles neerer the sea then the upper Levels were in danger to lose their Sewer much more the decaying sommer-lands which lie further from the fall as is manifested by the transactions of the Lords Bayliffs and Jurates of Romney Marsh the Commissioners for Walland Marsh and the Commissioners for the upper Level and are declared in my Remonstrance fol. 13 14. All which makes it evident That since the yeer 1633. the late drowned lands being then perfectly drained as they now are both the late decaying lands and late drowned lands have been only preserved by the said Works and Indraught and no further advantage thereby given to the late drowned lands then to the late decaying lands And now do your Lordships judge by what Rules of Sewers Law or Conscience the late drowned lands shall be further taxed at twelve pence per Acre lesser measure and the late decaying lands at four pence per Acre larger measure for the continuance of Wittersham Indraught by means whereof the whole Rents and Profits of all or a considerable part of the late drowned lands as they have been for fifty yeers past so may be for fifty yeers to come swallowed up in charge of Scotts and the inheritance of those lands sacrificed for the preservation of those decaying sommer-lands which during all that time have and will thereby yield to the Owners thereof eighteen or twenty shillings per Acre cleer yeerly profit above all charge of Scotts so that it had been much better for the Owners of the late drowned lands if the recovery of their lands had never been attempted 2. The second matter in difference is Whether by the Law or Rule of Sewers Sherley Moor shall enjoy a larger measure of 18. or 20. foot to the Pole and all the other Levels but 16. foot ½ being now all under one Commission I Answer That this disproportion of measure is without President or Example contrary to all Rules of Sewers and contrary to the Statute or Ordinance De Terris Mensurandis and therefore the Animadverter endeavours to support it with a pretended previous Agreement made between the Owners of Sherley Moor and those of the other Levels before their conjunction in one Commission viz. That Sherley Moor was to continue that disproportion of measure and of scotting at twelve pence per Acre drowned and four pence per Acre sommer-lands Whereunto I answer That this Agreement was never insisted on nor objected at the Reference made to the four learned Lawyers in 1627. howbeit Sir Edward Hales Knight and Baronet deceased was then present who is pretended to be Party to such Agreement as appears by the case then drawn up which is set forth in my Remonstrance fol. 17. and which was given in evidence by the Owners of the sommer-lands to the Jurors at the late Session of Sewers holden at Tenterden And for that I find that the Animadverter fol. 23. hath set forth the decretal part as he terms it of the decree made the 26th of May 1626. And fol. 16 hath set down part of the Preamble of a Decree made the 19th of September 1650. I shall present to your Lordships both these Decrees at large that your Lordships may the better judge of the Animadverters candid Quotations and Inferences mentioned in the remainder of his Animadversions upon which I have not at this time leisure to give your Lordships particular observations At a Session of Sewers holden at Northiam in the County of Sussex the