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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

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Farmers of any of the lands therein mentioned I know not And as to that other malicious Insinuation touching the Clark of the Sewers and the defacing and withdrawing of Records I answer That if any such have been the Animadverter if he know thereof ought to prosecute the Offenders I know some Records are missing which made against the Interest of the sommer-lands if produced which I could never see or procure and that the present Clerk who was sometime my menial servant was chosen Clerk but in 1652. and the proceedings whereat the Animadverter takes most offence were several yeers before when Mr. William Powell a well-wisher to the sommer-lands being Farmer unto a considerable part thereof and Tenant unto Sir Edward Hales was Clerk of the Sewers My Lords I have neither time or opportunity to make particular Answers to the many malicious Surmises and Calumnies cast upon S. N. P. by the Animadverter in every page of those Animadversions who the better to blast and invalidate whatever should be by him produced or urged doth not take notice of his Grandfather or any of his Reasons or Arguments who was an Actor in all those transactions which passed at such time when I was wholly a stranger to those Levels and often declared them with the Grounds and Reasons of them but with oblique reflexions insinuates them as my Fancies and Constructions grounded only upon ipse dixit I desire your Lordships to call to mind That Sir Thomas Culpeper who was the Dean and Chapters Tenant to the High-lands in Appledore about fourty yeers and knew best what benefit and security those lands had received and enjoyed by those works did joyn with other Commissioners in several Decrees whereby those lands are scotted to the Works and Indraught in Wittersham Level My Lords I have hereunto annexed the late presentment of the Jurors at Tenterden with the Decrees thereupon made and some Observations upon both which I refer to your Lordships consideration At a Session of Sewers holden at Tenterden in the County of Kent the 16th day of June in the 15th yeer of the Reign of our Sovereign Lord King Charles the second by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. Anno Dom. 1663. Before Sir Edward Hales Baronet Sir John Covert Knight and Baronet Sir Charles Shelley Sir Nathaniel Powel Sir Thomas Peirs Baronets Sir Anthony Ancher Sir George Choute Knights George Porter Thomas Herlackenden Edward Hales John Marten Thomas Lake John Middleton John Horsmonden Samuel Boys Ralph Bufkin Esquires William Levet and William Hawes Gent. By Vertue of his Majesties Commission bearing date the 15th day of August in the 14th yeer of his said Majesties Reign Imprimis IT is Ordered and Decreed that the Expenditor of the Upper Levels shall out of the first moneys he receives for the Countries use pay and discharge unto Mr Wooddall such Arrears of Tithes as is due to him from the Upper Levels Also it is Ordered and Decreed that the Presentment of the Jurors of Kent and Sussex Impanelled by us for inquiry be entred in this book as followeth and that all scots now and for the future be granted accordingly KENT and SVSSEX The Presentment of the Jurors of enquiry for the Counties of Kent and Sussex before the Commissioners of Sewers at their Sessions holden at Tenterden the 16th day of June 1663. 15 Caroli 2. upon such evidence as was then offered unto us and upon our own view with mature deliberation thereupon had Imprimis 1. WE Present that for the preservation of the three thousand Acres of drowned lands and the two thousand Acres of the sommer-lands within the Upper Levels That the said sommer-lands be scotted at one third part in reference or relation to all such scots as shall hereafter be imposed upon the drowned lands to the Works and Rents of Wittersham as formerly hath been done Item 2. We Present That the lands called by the name of the High-lands conteining 222 Acres or thereabouts and 350 Acres or thereabouts lying in Redhill and Appledore and also 426 Acres or thereabouts lying in the Parish of Stone conteining in the whole by estimation a thousand Acres or thereabouts not formerly scotted till the yeer 1645. ought not to be scotted to the Rents and Works of Wittersham for that it appears to us they receive no benefit by the same Item 3. We Present and our Opinion is That the old admeasurement of the lands lying in Sherley Moor according to the larger Acre ought to be scotted as formerly and no otherwise Item 4. We Present the Gutts of Redding Redhill and Ebony lately have been and still continue very much annoyed by the slubb brought in by the sea into the Channel of Rother whereby the said Channel is very much swerved through the decay of the Sluce in Thorney Wall to the great detriment of those Levels in not well sewing their waters and dreyning their lands And our opinion is That the said Sewers in short time will be utterly lost unless some expedient way be found for the scouring the Channel in the River of Rother either by erecting the said Sluce at Thorney Wall or otherwise as your wisdomes shall think fit And further That if any new work or works shall be shortly attempted for the purposes aforesaid that all the lands drowned lands and sommer-lands conteining in the whole about five thousand Acres and all the thousand Acres in the High lands at the lower end of Sherley Moor Redhill Appledore and Stone may be scotted at an equal rate for the cleansing the River of Rother and not otherwise Thomas Lambert William Andrew Zouch Brockman Edward Simonds William Randolph Iohn Crips Stephen Pook VVilliam Brewer William Delawn George Swan Henry Frere John Bull. Ioseph Newington John Moyle Henry Oxenden John Bodnam Robert Drayner Thomas Midmor Walter Roberts Item For the payment of the Rents of Wittersham Level and for doing the works in the said Level it is according to the Presentment of a Jury this day made Ordered and Decreed That there shall be levied eleven scots each of them of four pence the Acre for all the lands anciently called or reputed sommer-lands and eleven scots each of them of twelve pence the Acre for all the lands anciently called or reputed to be drowned lands lying between Vdiham Oak and Oxney Ferry and usually before the yeer 1645. scotted to the works upon the River of Rother to be paid by the Owners and Occupiers of the said lands respectively All which eleven scots are hereby granted and are to be paid to Mr. William Ward at the house of Iames Nash in Newenden in manner following viz. Four of the said scots the 25th of Iuly next four of the said scots the 15th of August next and three scots residue of the said eleven scots the 15th of September next And it is further Ordered and Decreed That notice shall be given for the payment of the said eleven scots
26th of May in the second year of the Reign of our Sovereign Lord Charls c. before Sr. Nicholas Tufton Sr. Isaac Sidley Knights and Baronets Sr. John Wildigos Sr. Ralph Bosvile Sr. Alexander Culpeper Sr. Humphry Tufton Knights Robert Foster John Theobald John Porter William Culpeper Thomas Dike Esquires Peter Courthope William White Gentlemen By vertue of his Majesties Commission to us and others Directed bearing date the first day of June in the first year of his Majesties Reign in manner and form following viz. FOrasmuch as at this present Session of Sewers as well by Petition and Certificate of several persons absent as by complaint of divers persons present and justly proved the deep drowned lands lying in East Maitham West Maitham Newenden Sandherst Bodiham Enburst Northiam and Beckey have heretofore been scotted and taxed to pay more money then the said lands are now or then were worth to be let by the year or more then the Feesimple or Inheritance thereof can be sold for and yet neither do nor can receive any profit or very little not proportionable to the Charge by the said works for which the said scotts are imposed whereby many Owners of the said Lands are much decayed and hindered and no Tenants can be procured to occupy the said Lands by reason of the greatness of the scotts and many fatherless children left unprovided for Of all which the Commissioners now present by their own knowledge and view are sufficiently assured and therefore accordingly as is petitioned think fit it be reformed and the said inconveniences hereafter prevented and the exceeding great scotts and little profits accrewing thereby to the Owners and Occupiers of the lands in the said Levels which may in time to come be avoided The said Commissioners therefore do now Order and Decree That the said lands shall not be from henceforth scotted or taxed to pay any scotts or taxes of money to be herefter imposed or set upon all or any of the said lands in the said Levels more than the Annuall value or Rent of the same are or may be let for and that rateably to the profit to be received by the work for which the said scotts are to be taxed and assessed except such scotts only as shall hereafter be set and imposed for or concerning apparent inundations to the utter loss of the whole Level or greater part thereof Sealed and subscribed by Nicholas Tufton Isaac Sedley Alex. Culpeper Will. Culpeper Ra. Bosvile J. Wildigos H. Tufion Rob. Foster Iohn Theobald Iohn Porter Thomas Dike Peter Courthope William White A Session of Sewers holden at Robertsbridge in the Parish of Salehurst in the County of Sussex upon Thursday the 19th day of September Anno Dom. 1650. Whereas at a Session of Sewers holden at Cranbrook the 7th day of August in the 8th yeer of the Reign of the late King James of England c. sufficient Jurors of the respective Counties of Kent and Sussex did present That there were then within the limits of the Commission of Sewers for the works upon the River of Rother three thousand Acres by estimation of Marsh lands which were drowned and yielded no benefit to the Owners thereof and two thousand Acres of Marsh land or thereabouts which were usually drowned in the winter and dry most part of the sommer but in iminent danger to be likewise drowned and lost if some speedy course of preservation were not taken And further presented That for the payment and charge of all such works as were then propounded as well for the recovery of the said drowned lands as preservation of the said decaying lands they though fit that the said drowned lands should be scotted at twelve pence the Acre and the said decaying lands at four pence the Acre or after the same proportion to every greater or lesser tax All which was assented unto by the Commissioners then present and Decreed accordingly And afterwards as well to recover the said drowned lands as to preserve the said decaying lands three several Indraughts were successively made viz. Ebony Peening and Woodruff and the whole charge and burthen thereof taxed and paid after the rates of twelve pence the Acre drowned lands and four pence the Acre sommer-lands and whereas after seventeen yeers charge and experience of the said works it appeared that the drowned lands had paid thereunto above ten pounds by the Acre and received no benefit thereby but continued in their drowned and lost condition and that the said decaying lands received the sole benefit thereof having been preserved from further decay And whereas at a Session of Sewers holden at Sandherst the 18th day of September 1627. sufficient Jurors of the respective Counties did amongst other things present That the beforementioned decaying lands scotted at four pence by the Acre had received and enjoyed much more benefit by the said works then the drowned lands scotted at twelve pence by the Acre and that the great charge of the lands scotted at twelve pence the Acre considered with the small profit received thereby it was most necessary and requisite that from thenceforth all the said Marsh-lands as well sommer-lands as wet lands should be taxed at one and the same rate by the Acre and by one and the same admeasurement towards the cleansing and preserving of the Channel and all other payments and disbursements for the general works whatsoever And whereas in pursuance thereof and of an Award then after made by four learned Lawyers to whom the determination of the differences arising from such disproportions of scotting was referred by consent of all parties It was Ordered and Decreed at a Session of Sewers holden at Tenterden the 11th day of March then following by the principal Owners of the said decaying lands and other Commissioners then present That all scots then after to be granted for the general works upon the said River of Rother should be granted and paid equally by the Acre as well for the sommer-lands and dry lands as for the drowned and wet lands which equality of scotting continued accordingly for some yeers after All which notwithstanding the great Charge and Burthen of the Works and Indraught in Wittersham Level have been taxed and paid at the former and unequal rates of twelve pence and four pence per Acre and have cost the said drowned lands though hereby drained and recovered much more then the Inheritance thereof can now be sold for to the very great prejudice of all and utter undoing of many of the Owners of those lands For prevention of the like inconveniences for the future and for that all the lands asoresaid do now enjoy as much benefit and security by the said work as they are capable to receive thereby so that no part thereof can now properly be termed or scotted as drowned lands and for that both the present and intended works upon the said River are and tend only for preservation of all the said lands and upon consideration and debate of