quatuor Juratoribus si Domini praedicti interesse velint Et si quis praedictorum viginti quatuor Juratorum Collectorum vel expenditorum electus fuerit sacramentum praestare noluerit amercietur in viginti solidis levandis ut praedictum est statim alius loco suo eligatur oneretur Et si praedicti viginti quatuor Juratores summoniti fuerint ubicunque infra praecinctum dicti Marisci ad communem vel seperale lastum ubi ad minus praeter octo vel decem eorum non venerunt ita quod judicium award pro salvatione Marisci praedicti non fiant pro defectu majoris numeri absentium amercietur unusquisque absens in sex denariis per Ballivum ut praedictum est levandis de quibus aliis similibus dictus Ballivus in principali lasto supradicto computabit Idem quilibet praedictorum viginti quatuor Juratorum jurabit quod cum sociis suis juratis were judicia awarda faciat non parcendo alicui diviti aut pauperi tam districtionibus faciendis quam de Walliis Landiis Watergagiis Seweris Foveis Gutteris Pontibus aliis impedimentis quibuscunque infra praecinctum Marisci praedicti contingendis amovendis transgressiones puniendis quod sint intendentes Ballivo Marisci praedicti ad districtiones captas impercatas per tres dies plus appreciandum vendendum locis consuetis quod ipse omnia judicia awarda per ipsos facta irrotulare indenturam inde faciat inter ipsos Ballivum praedicti Marisci qui pro tempore fuerit Item Collectores expenditores electi ut supradictum est jurabunt quod fideliter levabunt colligent expendent computabunt de omnibus scottis assessis per Dominos Ballivum viginti quatuor Juratorum vel majorem partem eorundem Et eodem modo fiat observetur in omnibus Aquagagiisi infra praecinctum dicti Marisci coram Dominis villarum cujuscunque si interesse velint Item Ballivus jurabit quod ipse fideles executiones faciet de judiciis considerationibus praedictorum viginti quatuor Juratorum de his quae ad ipsos pertinent judicare awardare Et quod ipse in propria persona sua omnes Collectores expenditores tam generales scottas quam separales Aquagagias assessas ut praedictum est onerabit per Sacramentum fideliter levare colligere expendere computare Et quod in propria persona sua supervideat omnes Wallias Landeas Watergagias Seweres Gutteras Pontes quando necesse fuerit ad minus bis in anno semel in mense Januarii secundo mense Junii Et quod liberabit successori suo omnes evidentias quas penes se habet tam Cartas regum Angliae libertates consuetudines ejusdem Marisci continentes quam Rotulos judiciorum considerationum awardarum per praedictos viginti quatuor Juratores cum omni processu computorum collectorum expenditorum quorumcunque tempore suo habito Et habeat Clericus hujus Ballivi pro labore suo de communitate Marisci praedicti sex solidos octo denarios Non liceat alicui de caetero facere dammas vel fordas aut alia impedimenta in aliquibus Landeis Watergageis Fossatis sive Aquagiis communibus in Marisco praedicto per quod rectus cursus aquarum in aliqua impediatur Et si fecerit hoc testificatum fuerit per Ballivum sex de juratis vel communitate aquagii ubi damnum factum fuerit statim amercietur secundum quantitatem delicti per praedictos Ballivum viginti quatuor Juratores statim levetur ad communem utilitatem ut praedictum est Et nihilominus siquis alius quam communitas laesus fuerit ca de causa hoc per testimonium Baliivi sex Juratorum probatum foret sit satisfactum laeso Item ordinaverunt statuerunt quod quilibet scottas assessus in dicto Marisco proclametur certis locis publicis dies solutionis inde assignetur proclametur ut ignoratia ulla se excusare non possit quando quo loco solvi debeat Item ordinaverunt statuerunt quod quaelibet acra pro Walliis Insetenis Watergageis ematur pro quadraginta solidis Et quod non liceat alicui aliquos operarios in communi opere existentes ad opus suum singulare nec aliquo alio loco abducere antequam dictum opus perficiatur si aliquis super hoc convincatur per testimonium Ballivi Juratorum in communi lasto amercietur in decem solidis qui per Ballivum praedictum incontinenti levari debent ad communem utilitatem ut supra Item ordinaverunt statuerunt quod omnes aquagii infra dictum Mariscum per quascunque terras tenementa in quolibet aquagio sic custodiantur videlicet quod aqua non discurrat extra rectum cursum suum ad damnum alicujus sub poena quantitatis delicti per Ballivum praedictum ad opus communitatis levandi cùm quis super hoc in communi lasto per testamentum Ballivi sex Juratorum convincatur Et quia ab antiquo conceditur per Dominum Regem quod omnes terrae maritimae custodiantur per leges ordinationes statuta consuetudines praedicti Marisci de Romene ab Insula Theneti usque Penense tam in comitatu Kanciae quam in comitatu Sussex licitum sit praedictis Ballivo viginti quatuor juratoribus sumptos suos rationabiles petere est habere de his qui eos ad loca ducere velint sive sint Domini sive de Communitate ubi ordinationem suam secundum legem maritimam tam in Walliis quam in Watergagiis Gutteris Seweris Piscariis aliis quibuscunque dictam legem tangentibus facere debeant Item ordinaverunt statuerunt quod si quis rescussum Ballivo Marisci vel Ministris suis fecerit de districtionibus quibuscunque captis super quoscunque occaone Articulorum praemissorum aut alicujus ordinationis pro utilitate dicti Marisci factae seu faciendae super hoc per Testimonium Ballivi praedicti sex vel octo Juratorum de praedictis viginti quatuor vel aquagii ubi districtio capi contigerit convincatur per amerciamentum viginti solidorum ad opus Communitatis levandorum per Ballivum ut supra Eodem modo â—at in locis ubi Lex maritima currit inter Insulam Theneti Penensi sive in Comitatu Kanciae sive in Comitatu Sussex FINIS THE CHARTER OF HENRY KING of ENGLAND Concerning the Ordinance of Romney-Marsh HENRY by the Grace of God King of England Lord of Ireland Duke of Normandy and Earl of Andeg. To all his Bailiffs and faithful Subjects to whom these present Letters shall come Greeting Because by four and twenty lawful men of Romney-Marsh time out of
THE CHARTER OF Romney-Marsh OR THE LAWS and CUSTOMS OF Romney-Marsh Framed and Contrived by the Venerable Justice HENRY de BATHE Very useful for all Professors of the Law and also for all Lords of Towns and other Land-holders within Romney-Marsh Bedford-Level and all other Marshes Fenns and Sea-Borders Rerum Ordo confunditur si unicuique Jurisdictio non servetur LONDON Printed by S. R. for Samuel Keble at the Turks Head in Fleetstreet 1686. THE PREFACE Reader THis small Treatise now put into thy Hand has no less of Authority and Vse than it has of Antiquity It contains the Ancient Charter of King Henry the Third concerning the Ordinance of Romney-Marsh and the Laws and Customs made by the Learned Justice Henry de Bathe in the Two and fortieth year of the Raign of the said Henry the Third for the Reparation of the Sea-Banks and for the preservation of the said Marsh from Inundations and is since become the Pattern or Law for all other Sea-Borders and great Marshes and Fenns I need not use much Art to recommend to the Ingenuous Reader the Authority and Vsefulness of this Book It being the Grant of a Wise Prince and the Law and Ordinance Framed and Contrived by a Learned Sage in the Laws of this Realm and continues to this day the Standard from whence all England receives Light and Direction as will appear by those following Examples The Act of 6 H. 6. cap. 5. in the very Form of the Commission of Sewers it is there said That the Commissioners shall make and ordain necessary and convenient Statutes and Ordinances for the Defence and Safety of the Sea-Banks and Marshes and the parts adjoyning according to the Laws and Customs of ROMNEY-MARSH and to hear and determine according to the Law and Custom of our Realm of England and the Custom of ROMNEY-MARSH all and singular the Premisses c. The Famous English Lawyer Sir Edward Cook in the Fourth Part of his Institutes of the Laws of England hath these words ROMNEY-MARSH in the County of Kent containing 24000 Acres is at this day and long time hath been Governed by certain Auncient and Equal Laws of Sewers made by the Venerable Justice Henry de Bathe in the Raign of King HENRY the Third from which Laws not only other Parts in Kent but all ENGLAND receive LIGHT AND DIRECTION For Example in the General Act of 23 H. 8. cap. 5. concerning Sewers in Section 3. there is a Clause which giveth power to the Commissioners to make Statutes Ordinances and Provisions c. necessary and behoofeful after the Laws and Customs of ROMNEY-MARSH in the County of Kent or otherwise by any ways and means c. The Learned Serjeant Callis in his Reading upon the Statute of 23 H. 8. cap. 5. of Sewers makes very great use of and frequently quotes the Charter of Romney-Marsh as the Basis on which that Statute was founded as you find by perusing that Reading By all which it will evidently appear of what Vse and Esteem the Law and Customs of Romney-Marsh have been held in in time past by the most Eminent Prosessors of the Law Nor is it of any less Vse and Esteem at this day as may be seen by the Statute of 15 Car. 2. cap. 2. made for the draining the great Level of the Fenns called Bedford-Level in Section the fifth where there is a Clause That the Governors Bailiffs and Conservators of Bedford-Level shall have further power as well for the Maintenance of the said GREAT LEVEL as for laying and levying of Taxes to use and exercise within the said Great Level such and the like Laws and Customs and constitute and appoint such and the like Officers from time to time as are or lawfully may be used in ROMNEY-MARSH in the County of Kent Now Reader having given thee the Opinion of the Learned upon this Treatise it self I shall let the Reader know the Reasons that induced the Publisher to reprint it 1. The General Benefit and Advantage that all may Reap thereby Secondly The particular Sollicitation of some Friends who are Interested in this or some other Marshes subject to these Laws and Customs and having long Endeavoured to purchase this small Tract could not obtain it under 6 s price its scarceness and usefulness having enhanced its price so far beyond its bulk for which Reasons the Reprinting it was deemed of General Acceptation and Advantage which that it may so prove is the Publishers great Design and Aim A TABLE OF THE Principal Matter Contained in this BOOK A. ACtion of Trespass against the Bailiff for taking a Distress with proceedings thereon 10 20 Accounts by the Officers how to be made 66 Amerciaments set with the time to be proclaimed and how 74 B. BAiliff to give notice to repair 14 Bailiff to Repair if the owner neglect and to recover double Costs 14 15 Bailiff how and when to be chosen 45 63 The Bailiffs Office and Duty 51 Bailiff of Romney-Marsh to oversee the Bailiff and Jurors beyond the Creeke towards Suffex 51 Bailiff of Romney-Marsh to oversee the Bailiff and Jurors of Oxney and Lyde 54 Bailiff Refusing to serve to be Amerced 40 s. 63. Bailiffs Fee 63 Bailiff absent when chosen how to be proceeded against 66 How the Bailiff is to Account 66 Bailiffs Oath 70 71 Bailiff and Jurors to be allowed their Costs on making their Ordinance in any Foreign Marshes or places 75 C. CHarter of King Henry the third 1 2 Charter of H. 3. pleaded 41 Collectors Oath 70 Collectors how to be Chosen 67. Collectors refusing to be Sworn to be Amerced 67 Collectors of Assessments how to Account 66 Commission of Oyer and Terminer to Henry de Bathonia 7 8 Lands held in Common how to be taxed 14 Commission of King E. 1. unto Justice Lovetot and others 37 Commission of King E. 2. to William de Walleyns 54 Commission of E. 3. to Thomas Lord Ludlow and others 56 Conduits how to be kept 74 Confirmation of the Ordinance of Henry de Bathonia by Justice Lovetot and others 45. D. DAmms not to be made 71 Those that make Damms to be Amerced at the discretion of the Bailiff and Jurors 71 Damages by making Damms to be recompenced to the party prejudiced thereby 71 Defaulters in not repairing how punished 14 15 Distresses to be made by the 24 Jurates 1 2 Who shall be Distrained to Repair 47 Double Costs to be recovered for not repairring after notice 14 Double Costs how to be levyed and applyed 46 47 J. JUrors to assign every man his proportion of Perches by certain Bounds to repair 11 12 Jurors to determine Differences 51 Jurors by whom to be chosen 11 12 Jurors making Default to be Amerced 67 Jurors displaced others to be chosen and how 67 Jurors refusing to be Sworn to be Amerced 67 Jurors not appearing on Summons to be Amerced 67 Jurors Oath 70 Jurors and Bailiff to be allowed their Costs upon making any
said Godfrey and ten Lambs of I. N. Tenants of the same Godfrey by reason of the defects of the same Walls and Watergages for which they afterwards paid and had their Beasts again Being required for what they made the first Distress and for how much the second they say that the first Default of the said Godfrey was esteemed at four Marks and the second Default at 48 shillings And the same Godfrey saith that he holdeth his Tenements in the same Marsh of the Gift and Grant of the Lord Henry late King of England Grandfather to our now Lord King Henry the which the same Lord Henry hath given to one William the Son of Balder the Predecessor of the said Godfrey whose Heir c. By which Grant his Predecessors and he afterwards held his Tenements in the same Marsh always as freely and quietly as the said Balder held them before And they say that neither of his Predecessors nor of him any such Custom was ever sought to repair the same Walls and Watergages unless five years past after that the said Hamo was made Bailiff to keep the same Walls and Watergages neither did they ever at any time do it And he bringeth the Charter of the said King Henry in these words Henry by the Grace of God King of England c. To the Archbishop of Canterbury c. And saith that by the same Feoffment his Auncestors have held the same Tenements so freely that they never made nor repaired the Walls nor Watergages neither was he after that he held those Lands nor his Predecessors Distreined until now five or six years past that the said Hamo and others have took the Beasts and as they know which made upon him the same Distress for Default of Reparation of the same Walls and Watergages which neither he nor his Predecessors have done nor ever used to do desireth Iudgment of their Acknowledgment And the said Hamo and others say that sometimes there was Contravers betwixt the Tenants in the said Marsh upon the Reparation of the same Walls and Watergages so that Plea was moved thereby in the County before the Sheriff for which the four and twenty Iurats finding themselves grieved came to the Court of our Lord the King and complained of the said Sheriff alledging that the same Plea appertained not not to the Sheriff to be holden so that by Counsel of our Lord the King it was provided that there might be sent the Iustices of our Lord the King to ordain and dispose that which should be meet to appease those Strifes So that Henry de Bathonia was sent thether and all the Tenants of the said Marsh had Summons of forty days as he was in the Iourney with the Iustices And the said Henry having seen the Walls and Waterbanks aforesaid vp assent and will of the whole communalty of the said Marsh hath ordained that the Archbishops Bishops Abbots Priors Earls Barons and all Tenents in the same Marsh shall contribute according to the quantity of their Tenure to make again the same Walls and Watergages whereby as the said Godfrey will be defended by the Walls and Watergages he requireth that he contribute to repair them as before the said Iustice it was ordained And that the ordinance is such as aforesaid he referreth himself to the Record of the Rolls of the said Henry de Bathonia Also he saith that it is needful that he Contribute to repair the same Walls c. for that he saith that except his Land should be defended by the said Walls all his Land would be overflown and washed And the said Godfrey saith that although the same Ordinance had been made by the said Henry the said Godfrey never consented thereto neither was Summoned nor called to come before him to make the same Ordinance He also saith that neither before the Ordinance nor after he nor his Predecessors did lately make such Contribution but always held their Land quietly from all manner of exaction according to the Tenor of the said Charter of King Henry Grandfather to the now King until two years past the said Hamo and others took his Beasts whereof he prayeth Iudgment whether the same do hurt him in this behalf And the said Hamo and others say that he had a Common Summons of forty days as all the Communalty of the same Marsh had which he ought not to be ignorant of whereby he saith That although he would not come thither as he ought with his Neighbours he ought not to be therefore freed from the same Contribution to repair the Walls insomuch that it is the common benefit of all the Tenants in the said Marsh that as well his Land as the Land of the other Tenants may be defended by the same Walls and Watergages whereof he desireth Iudgment He also saith That after the same Ordinance the said Godfrey and those men have given a Mark to repair the Walls and Watergages aforesaid before the said Hamo was Bailiff and that he is ready to verifie the same c. And Godfrey saith that he holdeth himself to the same Charter of our Lord the King and to his Liberty which he and his Predecessors used against which none Ordinance being made by the said Henry can nor ought to hurt him and he well defendeth that neither he nor any by him hath given any thing at any time before the said Ordinance nor after to the same Reparation And this he is ready to verifie c. Afterwards in the morrow after Saint Martin in the two and fortieth year there came the said G. H. and others c. And it was commanded to the Sherist that he cause to come in three weeks after Easter wheresoever twelve aswel Knights as c. by which c. And which nether c. nor have Lands in the said Marsh c. if the said Godfrey and his Predecessors after that they had his Land of Hurst of the Gift and Graunt of our Lord Henry King of England c. together with other men having Land in the said Marsh were wont to repair the Walls and Watergages and to contribute with the same men to repair them when it hath been needful whereof the said Godfrey by a certain Ordinance in which he granted before Henry de Bathonia whom the Lord the King had sent in that behalf gave a Mark to repair the said Walls and Watergages before the said Hamo was Bailiff of the said Marsh as the said H. and I. do affirm or if the said Godfrey or his Predecessors were freed from those Reparations of the Walls and Watergages and things incident thereto by Charter of the said King Henry Grandfather c. So that the said Godfrey hath not agreed to the same Ordinance nor ever gave any thing to repair the same Walls and Watergages as the said Godfrey alledgeth because aswell c. Afterwards from three weeks after Easter in the two and fortieth
year the Sheriff hath not sent his Writ therefore he in pity c. that is to to say Fulk Payforor therefore as before it is given in charge to the Sheriff that he cause to come here fifteen days after the day of S. Trinity wheresoever c. twelve c. by which c. and which neither c. Afterwards at that day there came the said Godfrey H. and others and desired Iudgment to be done according to the Record and Process of the same Plea and the Plea was recited before the Lord the King and his Counsel and because it is found according to that Record that the Lord the King had otherwise sent Henry de Bathonia his Iustice thereunto assigned to the same Romney-Marsh who disposed that all those which had Lands and Tenements in the same Marsh should according to the quantity of their Tenements Contribute to repair the Walls and Watergages of the said Marsh as the said Hamo and others alledge to which Contribution the said Godfrey is not bound as the said Godfrey saith neither as yet is it manifest in the Court of the King here of the same Ordinance and Disposition without the which they cannot rightly proceed unto Iudgment Day is given them in 15. days after the day of S. Michael wheresoever c. And in the mean space the Rolls of the time of the said Henry de Bathonia are sought and it must be known that it is forbidden that the said Hamo distrain the said Godfrey whilst the Plea dependeth Afterwards in 15. days after the day of S. Michael in the 43 year c. the said Godfrey came and withdrew himself of his Writ against the said Hamo and others c. And therefore he in pity c. And further he granted for himself and his Heirs that from henceforth they should cause to be repaired the Walls and Watergages for his part of the quantity of his Lands together with his Neighbors as the custom of his Country is without contradiction or cavillation for ever And the said Hamo hath granted and bound for himself and others that he will accompt before the 24. Iurats of the Country chosen upon the Distresses and Beasts taken of the said Godfrey for repairing the said Walls and Watergages from the beginning of this Plea till now c. And those Distresses according to the quantity of the part hapning to him shall in the mean space satisfie for reparation of the Walls and Watergages aforesaid as is afore declared by the Distresses that the said Hamo and others shall pay in all things which shall be injoyned by the said accompt between them of the Surplusage received of the Beasts sold by the said Godfrey by the same occasion And the said Godfrey hath granted that if the said Hamo verify by accompt that the Beasts taken by him in the name of Distress by occasion aforesaid in value cannot satisfie for the part of the quantity of his Land for the repairing of the said Walls and Watergages that he the said Godfrey will satisfie him in all Arrerages from the beginning of the same Plea till now by the View and Estimation of the same four and twenty Iurors of the Country c. The Ordinance of the Lord John de Lovetot and Henry de Appledorefeild Iustices of the Lord the King of all the Marshes of Romney and Oxney to the County of Sussex Before J. de Lovetot and H. of Appledorefeild at Romney the fifth day of December in the sixteenth year of King Edward Son of King Henry Our Lord the King hath sent to his welbeloved and faithful John de Lovetot and Henry de Appledorefeild his Writ in these words Edward by the Grace of God King of England Lord of Ireland and Duke of Aquitane to our welbeloved John de Lovetot and Henry de Appledorefeild greeting Know ye that whereas wee are bound by reason of our Princely Dignity and by Oath to provide for the safety of our Kingdom We have assigned on every side you to oversee the Walls and Ditches by the Sea Coast aud the parts thereto adjoyning in the County of Kent diversly ruynated by the stage of the â—â—ea to enquire by whose default such hurt hath hapned there and of all those which hold Lands and Tenements in those parts and by any means have Defence and Safety or may have Defence or Safety by those Walls and Ditches and them for the quantity of their Lands and Tenements or by the number of Acres of Land or by Carucates for the rated portion of their tenure to distrain together with the Bailiff of the Liberties and others of these parts to repair them in necessary places as often and where as need shall be so that none having Lands or Tenements of this or other of what Condition state or dignity that they be which have any Defence by these Walls and Ditches whether it be within the liberty or without shall be spared in this behalf And therefore we command you that for the execution of this business ye behave your selves so faithfully and discreetly that as well men resident in the same places as their Lands may be saved against like Perils and casually no worse in like manner happen and you upon that which you shall do and ordain in this behalf under your Seals and the Seals of the Iurors as well Knights as other honest and lawful men you distinctly and publickly certifie us For we have commanded our Sheriff of the same County that at certain days and places which he shall limit them he shall cause to come so many and such honest and lawful men of his Bayliwick by whom the truth of the matter may be known and enquired in the premisses in witness whereof c. Witdess Edmund Earl of Cornewall our Constable at Westminster the fifteenth day of November in the sixteenth year of our Raign By which Mandate it was commanded to the Sheriff that he should come before the said Iustices here at this day four and twenty Iurors of Romney-Marsh and all the Lords of the Towns of the same Marsh and such and so many honest and lawful men of the several Lands near to the Sea Coast in his Bayliwick by which the truth of the matter in the premisses may the better be known and inquired of and further to do that which in the premisses shall be ordained who now came And the said four and twenty Iurors of the same Marsh together with the communalty of the said Marsh alledged that the Lord King Henry Father of the now King by his Charter hath granted unto them certain liberties in his Lands of the same Marsh and required that their liberties aforesaid may be reserved unto them and that nothing be attempted or ordained to the prejudice of the same liberties and produce a Charter of the Lord Henry our King aforesaid in these words Henry by the Grace of God c. They also alledged
his own force Before William de Walleyns and his fellows assigned to oversee the Walls and Watergages in the County of Kent on Munday next ensuing the Feast of S. Mildred the Virgin at Newchurch in the second year of the Reign of King Edward son of King Edward It was ordained of common assent of the Lords of the Marsh of Lyde and Oxeney and on the part of our Lord the King commanded that henceforth the common Bayliff of our Lord the King in Romney Marsh do oversee the same Bayliffs and Iurors in the same Marshes of Lyde and Oxeney and them and also 24. Iurors in Romney Marsh when need shall be he cause to meet at fit places to consult of Ordinances and make their awards for safety of the Lands of the same Marshes So that they always stand to the Ordinance and Custom of the said Iurors for the least hurt and best safety of the Land any Custom notwithstanding Saving always the Tenor of the Charter of our Lord the King granted to the Communalty of the said Marsh and also the Ordinances of the Lords Henry de Bathonia and the said John de Lovetot and his fellows which shall continue in their strength The Ordinance of the Lord Thomas de Lodelowe Iustice of our Lord the King and his fellows at Crowthorne on munday next after the Feast _____ in the 3â— year of the Raign of King Edward the third after the Conquest by vertue of a Commission of the Lord the King to them directed whose Tenor followeth in these words The King to his welbeloved and faithful Thomas Lodelow Robert Belknap and Thomas Culpeper greeting By the grievous complaint of the reverent Father Symon Archbishop of Canterbury and others having Lands within the precinct of Romney Marsh we are advertised That whereas all their Lands lye nigh to the Sea Coast and without continual keeping the walls gutters and ditches and other defences as well for avoiding the sea-water as excluding the fresh Waters there made by no means can be defended and saved For which in the time of the Lord Henry late King of England our Great Grandfather by Henry de Bathonia and his fellows Iustices of the same our Grandfather to oversee the Walls Ditches and Sluces and the defence thereof and to cause to be made and repaired among others it was Ordained that whosoever of the Tenants and men resident within the said Precinct whom the greater part of the Lords having Rule within the said Precinct would chose should be Bailiff to levy the Assessments for reparations and upholding the Walls Sluces Ditches and Defences aforesaid as in the same Ordinances is more apparent and albeit according to the same Ordinances John at Lese Tenant and resident within the same Precinct to the said Office of Bailiff to levy the Assessments aforesaid by the Lords of the same Marsh in form aforesaid within that precinct was chosen and deputed notwithstanding Mathew at More and other his confederates by their false Deceits being confederate and knit together to make another Bailiff there by their own assent which might be partial to his Friends and unduly burthen others against the said Ordinances did so terrify the said John and cruelly threaten him and otherwise hinder him that he cannot nor dare take upon him the Office accordingly and so in default of the same Bailiff all the said Marsh by overflowing of Waters daily coming remaineth in peril to be spoiled unless speedy redress in this behalf be had We respecting the hurt and peril which as well to us as to all our Kingdom and specially in those parts by overflowing hereof unless meet defence to exclude and avoid the same Waters be done may happen and willing to prevent these hurts and dangers have assigned you three or two of you to oversee and repair the Walls Sluces Ditches and their Defences made in the same Marsh and to oversee the same Ordinances and in case that the Ordinances for the safety and defence of the said Marsh be found insufficient for the same overflowing to correct and amend those Ordinances and if need shall be to ordain a new such as the said Marsh may be defended against the same Waters from henceforth what chances soever should happen and for grievous punishments against those which against the form of the Ordinances by you three or two of you to be done in any wise will not come or will forsake your Decrees And that you cause the same Ordinances to be proclaimed that they may be for ever Circumspectly observed in those parts and that ye cause all things else to be performed which for the safety and defence of the said Marsh and excluding and avoiding the same Waters shall be needful and fit And also to enquire by the Oath of honest and lawful men of the County of Kent of the Confederacies Covens and Allegations aforesaid and also of the trespasses and contempts to us by the said Mathew and his Complices in that behalf made and of the names of those adherents and that ye hear and determine the same Confederacies Covins Allegations Trespasses and Contempts aforesaid to be heard and determined according to the Law and Custom of our Realm And therefore we command you that at certain days and places which you three or two of you shall limit in that behalf ye hear and determine all and singular the same business and the confederacies covins allegations trespasses and contempts aforesaid in form aforesaid and that ye do further that which to Iustice shall appertain according to the Law and Custom of our Realm Reserving to us the other Amerceaments thereby accrewing For we have commanded our Sheriff of the same County that at certain days and places which you three or two of you shall appoint him he cause to come before you three or two of you so many and such honest and lawful men of his Bailywick by whom the truth of the matter in the premisses may be known and inquired In witness whereof c. witness c. at Westminster the seventh day of February in the year abovesaid By which mandate the said Thomas Robert and Thomas in the year day and place aforesaid by consent of the Lords Bailiffs 24. Iurors and Communalty of the same Marsh that is to say by John Francis the Attorny of Lord Simon of Canterbury Archbishop of Canterbury the Abbot of S. Augustine of Cant. the Prior of Christs Church of Cant. Simon Master of the House of Gods Gifts Edmond Staplegate Lord of Bilsington the less and other Lords hereunto specially chosen with certain also of the Communalty to wit by William of Ecchingham and Stephen de Valcyns Christus William de Horn and James de Capele hereunto for the said Communalty elected have ordained and established that the common Bailiff of Romney-Marsh which hath Lands and is also resident there be chosen by the common assent of the Lords of the Towns of the