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
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