mind hereunto chosen and sworn Distresses ought to be made upon all those which have Lands and Tenements in the said Marsh To repair the Walls and Watergages of the same Marsh against the dangers of the Sea And also upon all those which are bound and charged for the reparation of the said Walls and Watergages We have granted to the same four and twenty that for the safety of the said Marsh they cause those distresses to be done so that they be made equal according to the portions greater and lesser which men have in the same Marsh and according to that which some are bound and charged And therefore we will and grant that none of our Sheriffs of Kent or any his Bailiffs do in any wise intermeddle touching those Distresses made by consideration of the same four and twenty Iurors to avoid the same danger For whosoever shall bring Complaint unto us of the consideration of those Distresses we will cause Iustice to be done unto him in our Court and that Iustice we reserve specially to our self or our special Commandment In witness whereof these Letters we have caused to be made Patents Witness my self at S. Edmonds the second day of September in the six and thirtieth year of our Reign ¶ The Ordinance of Henry of Bathonia Iustice of our Lord King Henry Son of King John made by Precept of the same Lord the King upon contention arisen between the four and twenty Iurors and the men of Romney Marsh touching reparation of the Walls and Watergages there being at Romney on Saturday next after the Nativity of the blessed Virgin Mary in the two and fortieth year of the said King Henry adjoyning to him Nicholas of Handlo and Aulred of Dene c. OVr Lord the King hath given in charge to Henry of Bathonia that whereas Iudgment ought to be done by four and twenty lawful men of Romney-Marsh to distrain upon all those which have Lands and Tenements in the said Marsh to repair the Walls and Watergages of the same Marsh against the force of the Sea and inundation of other Waters and also upon all those which are bound and charged with the reparation of the same Walls and Watergages And to the same four and twenty Iuror◠our Lord the King by his Letters Patents hath lately granted That for safety of the said Marsh they should cause Distresses to be made so that they may be duly done according to the portions greater or less which men have in the same Marsh and according as some are bound and holden hereunto So that no Sheriff of Kent of our Lord the King or any his Bailiffs do in any wise intermeddle with those Distresses made by consideration of the foresaid four and twenty Iurors for avoiding the danger aforesaid But if any should think himself grieved unjustly touching the consideration of those Distresses and would complain thereof he should bring his Complaint unto him our Lord the King and he would cause Iustice to be done to him in his Court and that Iustice had specially reserved to him our Lord the King or to his special Mandate The said four and twenty Iurors for the consideration and resistance of certain men of the same Marsh which are bound to repair the same Walls and Watergages according to the Quantity of the Lands and Tenements which they have in the same Marsh cannot make the same Distresses whereby the Walls and Watergages lye ruinated By reason whereof the Inundations of the Sea and other Waters do overflow a great part thereof to the great detriment of our said Lord the King and men of the same Marsh He our Lord the King hath appointed the said Henry his Iusticer to hear and determine the contentions arisen touching the same reparation between the same four and twenty Iurors and men of the said Marsh And to provide for security and defence of the said Marsh against inundation and peril of the Sea and other Waters by reparation of the said Walls and Watergages to be made by them which are bound to repair it according to the quantity of the Lands and Tenements which they have in the same Marsh and according to that which some are otherwise bound and holden hereunto Our said Lord the King commanding the said Henry that at the day and place which he should limit he should provide to dispatch the same as is aforesaid And what he shall do therein that to him the said Lord the King he make known distinctly and plainly in writing that the same Lord the King might cause it to be inrolled c. By which Mandate the said Henry in the day aforesaid being at Romney joyning to him the same Nicholas de Handlo and Aulred of Dene and the Sheriff of Kent assisting him which by Precept of our Lord the King at the same day caused to come before him so many and such honest and lawful men of his Bailiwick by which the same Strifes may be ended and the same provision may the better be effected none of the same Marsh then withstanding it The said HENRY in the presence of the Commonalty of the said Marsh then being there with their Counsel pleading Ordained as followeth That is to say that by the whole Commonalty of the same Marsh twelve lawful men may be chosen to wit six of the Fee of the Archbishop of Canterbury and six of the Barony which being sworn shall measure the Walls new and old and those which ought to be new erected And the same measuring should be done by one and the same Perch to wit of twenty foots And afterwards the same Iurors upon their Oaths also by the same Perch shall measure by all the Acres Lands and Tenements which are subject to danger within the same Marsh Which measurings being done the twenty four by the Commonalty first elected and sworn having respect to the quantity of the Walls Lands and Tenements which are subject to peril by their Oath shall ordain how much appertaineth to every one to uphold and repair the same Walls So that for the portion of Acres of Lands lying subject to danger there be assigned to every one his portion of Perches by certain Bounds so as it may be known where and by what places every one ought to make defencible and when need shall be by whose occasion the peril and force of Sea ought to be withstood by repairing the same Walls And there ought to come the four and twenty Iurors to see through which of the same places such need chanceth and to whom the same places were assigned be defended and ought the same time to be repaired Which common Bailiff shall give notice to them to whom the same places were appointed to be kept that they repair and amend the same places within the time by the same four and twenty Iurors appointed Within which time if they neglect to do it the said common Bailiff of his
own charge shall repair such defaults by the view of the four and twenty Iurors and the same party neglecting shall be compelled to pay double Costs to the same Bailiff for his Charges laid out upon the same reparations which double must be reserved for the benefit of the same Reparations And moreover the negligent herein may be distrained by his Lands within the same Marsh And if any Perches of Lands be holden in common ot Partners so that to every Partner a certain place for the portion of his part cannot be appointed to wit all or half a Perch by reason of the smalness of the same Perch Then by the Oath of the four and twenty Iurors it shall be ordained and seen how much the same Land which is so holden in common ought to defend and there shall be a certain portion of defence assigned to the same Partners in common for the portion of their common Land And if any of the Partners shall be remiss in defending his part when the same Partners shall be warned by the said Bailiff the part of the Partner so remiss may be assigned to the other Partners which shall make Defence And they which hold in their own hand the part of the Partner neglecting shall keep it until he neglecting shall pay double the Costs bestowed about the same Defence containing his part by the view of the four and twenty Iurors for the benefit of the same Reparations as is aforesaid And if all the same Partners shall be negligent about the same then the said Common Bailiff shall make the same Defence of his own Costs and may distrein the same Partners afterwards for double the Costs about the same Defence by View of four and twenty Iurors as is aforesaid The right of the chief Lords of the Fee in the foresaid Marsh which they have towards the Tenants of this Defence according to their Feoffments reserved And that all the Lands in the Marsh may be kept against force of y e Sea and inundations of fresh Waters by the Walls and Watergages by the Oath and consideration of twenty four Iurors for the least hurt and best safety as of old time was used Saving also the Tenor of the Charter of our Lord the King to the communalty of the said Marsh granted that no Sheriff nor any his Bailiff or Minister make any Distress within the same Marsh by occasion of any the said Articles as in the said Charter is contained which Charter this Ordinance notwithstanding shall continue in his perpetual force c. The King to the Sheriff of Kent greeting Whereas we lately appointed our beloved and faithful Henry de Bathonia to hear and determine variances depending between four and twenty lawful men of Romney-Marsh by whose consideration the Walls and Watergages of the same Marsh against the force of the Sea and peril of other Waters there overflowing ought to be repaired and such as have other Lands and Tenements in the same Marsh which ought and were wont to repair those Walls and Watergages And the said Henry going in person to those parts ordained that according to the consideration of the said four and twenty Iurors Distresses should be made for reparation of the said Walls and Watergages So that no Sheriff or other our Bailiff do intermeddle with the same Distresses as in the Rolls of our Chancery expressing that Ordinance is contained Nevertheless you have released those Distresses for this Deed by four and twenty Iurors to the prejudice of their consideration And because if any think himself grieved of the same consideration for which he will complain he ought to come to us to seek remedy We command you that in no wise you meddle with the same Distresses but cause them to be returned by the four and twenty Iurors and their Bailiff appointed hereunto that no further complaint thereof come to us for which we may be displeased with you Witness my self at Westminster the twentieth day of April in the three and fortieth year of our Reign by Henry de Bathonia c. Then followeth the number of all the Acres within the same Marsh as is found by measure taken in the two and fortieth year of King Henry and also the agistation as well in the great Wall of Apuldre as in the little Wall to the quantity of the Lands holden within c. Hamo Pitte John Cobbe Henry le Long and John Ermynard were attached to answer unto Godfrey le Fauconer for that they with others lately came to the Mannor of the said Godfrey in Hurst and his Goods and Chattels there found to the value of twenty pounds took and carried away and oher Damages and Brievances to him there did to his great loss and against the Peace c. And whereof the said Godfrey complaineth that on Thursday in Easter-week in the year c. the same Hamo with others took ten â—ine in the Town of Hurst c. whereby he saith he is damnified and hath lost to the value c. and thereupon bringeth sute c. And the said Hamo and others came and defended c. and so far forth as is against the Peace c. when c. and they well acknowledge that they took ten Kine aforesaid c. of the said Godfrey justly and in the Peace of our Lord the King because he saith that the said Godfrey hath Lands â— c. in Romney Marsh where all the Tenents having Lands and Tenements in the same Marsh ought according to the quantity of their Land to make Walls and Watergages against the Sea for the inundations of the Waters and four and twenty lawful men of the same Marsh being chosen by the Communalty of the same Marsh and the Iurates ought to make Distresses upon the Tenants in the same Marsh according to the quantity of their Tenements when it shall be needful to repair the same Walls and Watergages Which Iurats in the same Marsh as the manner is for that they all could not be at leisure have chosen the said Hamo to distrain and have made him their Bailiff to do it and this liberty they have by Ancient Custom of the same Marsh and by Charter of our Lord the King which they produce in these words Henry by the Grace of God c. Whereby he saith that by means of the default of the said Godfrey he lawfully took the same Distress for repairing the same Walls and Watergages of which in the Wall of Apuldre there were assigned to him for his part by the same Iurates three Perches and half at the least at his Charges to be repaired And more according to the Inundations of Waters if it shall be needful through divers places and that they take a greater Distress unless they will do it they put themselves upon their Country c. Notwithstanding they say they took of one A. B. six Bullocks who was the Farmer of the
Jurat Marisci de Lyde Oxeney Commissio Regis Edw. 3. Tho. Domino 〈…〉 w aliis Anno 33. Regni 〈◊〉 Commissioner â—ssignat ad super vidend ' reparand ' Walllis Commissionar ' super-videre corrigere Ordinationes ubi necesse est novas ordinationes facere Et etiam ad inquirendum per Jurat de transgr contempt factis easdem ad audiend ' terminand Ordinatum est qued Communis Ballivus eligarur per communem assensum Dominorum villarum infra quindenam St. Michaelis annuatim Si electus ille presens officium illud admittere noluit amercietur ad 40 s. levari per Ballivum subsequena ' â—â—od ' Ballivi Impedientes puniantur Si Ball vus elect ' sit absens tempore Electionis ille distringetur per Bona Catalla quae imparriantur quousque sacramentum prastaverit Communes Collectores omnium Scottorum Ballivo Jurat ' Communitati Computabunt Computum inscriptum per 〈…〉 〈◊〉 juraâ— ' 〈◊〉 ' faciens 〈◊〉 principali 〈…〉 12 d. Si aliquis jurat ' amovetur alius eligetur Eodem modo fiat de Collectoribus Jurat ' Collectores c. recusan es prest are Sacramentum amercietur 20 ◠〈…〉 sumâ—â—â—â—â—â— nâ—n Comparentes 〈…〉 â—â—â—â—mentum 4. juratorum Sacramentum Collectorum expenatiorum Sacramentum Ballivorum 〈…〉 6 s. 8 d pro labore 〈◊〉 Non liâ—â—t alicui 〈◊〉 Dammas Et 〈◊〉 â—â—cerit Amercietur per Ballivum Jur. 〈…〉 Scottas assessus dies solutionis inde proclametur Quod un acra pro Wallijs ematur pro 40 s. Non liceat alicui operarios in Communi opere existentes abducere sub poena 10 s. Ordinatio quommodo Aquagii custodiantur Ballivus Jurat ' sumptos suos habere de his qui eos ad loca ducere velint ordinationes suos facere Si quis rescussum Ballivo secerint de districtionibus Amercietur 20 s. Quibus locis lex maritima currt The Charter of King Henry the Third A power granted to the 24 Iurates to make Distresses The Sheriff or his Officers not to intermeddle with those Distresses The Ordinance of Henry de Bathonia Recital of the Charter of H. 3. The Jurors being resisted by the Men of the Parish cannot make their Distresses The King appoints Henry de Bathe his Justicer to hear and determine the Controversie between the Jurors and Men of the Marsh The Ordinance of Henry de Bathonia That twelve men shall be chosen viz. six of the Fee of the Archbishop and six of the Barony to measure the Walls and the Lands subject to danger The Jurors to assign to every man his portion of Perches by certain Bounds according to the portion of Acres subject to danger Common Bailiff to give notice to repair within the time the Jurors appoint If the Parties neglect the Bailiff to repair and recover double Costs by distress on the Defaulters Lands Of Lands held in Common The Jurors to ordain how much every one is to defend If one Partner neglects his part to be assigned to the other who makes his defence And he to hold the others Lands till he be paid double Costs If all the Partners shall be negligent then the Bailiff to repair and distrain the Partners for double Costs A saving to the Lords of the Fee their right A saving to the Commonalty their right The Kings Writ to the Sheriff of Kent commanding him not to meddle with the distresses made by the Jurates Callis Lect. 155. An Action of Trespass brought by Godfrey Fauconer against Hamo Pitte alios for entring into his Mannor of Hurst and taking away his Goods and Chattels The Defendants Plea Pleads by the Custom and Charter and Justifies as Bailiff for a Distress taken for Repairing the Walls c. The Plaintiffs Replication that he claims his Land by Charter from the King and therefore ought to be discharged from Repairs Prescribes genegenerally in non reparando Vid. Callis Lect. fol. 177. The Defendants Rejoinder Henry de Bathonia his Ordinance pleaded The Plaintiffs Surrejoynder That he never consented to the Ordinance of Hen. de Bathonia and that neither before nor since the said Ordinance he nor his Ancestors never made such Contribution Defendant replies that he had a Common Summons as the other had Issue joyned Ven. fac awarded The Plaintiff withdrew his Writ and is in Misericordia 16 E. 1. The Ordinance concerning the Marshes of Romney and Oxney The Commission of E. 1. to Jo. Lovetot and Hen. Appledorefeild to view the Walls of the Sea Coast A Mandate to the Sheriff to return a Pannel The Jurors and Communalty plead the Charter of H. 8. and the priviledges thereby to them granted The Ordinance of Henry de Bathonia pleaded A Confirmation of the Ordinance of Henry de Bathonia To which is added the manner of Electing a Common Bailiff How the double shall be levyed on the Defaulters The double Costs to be for the benefit of repairing the Marsh All that have Lands or Tenements subject to the Danger of the Sea and have thereby safety shall be distrained to repair It is ordained that in the Marshes beyond the Creek toward Sussex there be appointed to be chosen by the Commonalty Jurors for the security of those parts as it is in the Ordinance of Henry de Bathonia A Bayliff to be also chosen for the Marshes beyond the Watercourse towards Sussex The Office and duty of the Bailiff The Kings Bailiff of Romney-Marsh to be overseer of the Bailiff and Iurors be-beyond the Watercourse towards Sussex The Jurors to determine all Controversies William de Walleyns and his fellows assigned to oversee the Walls c. in Kent An. secundo Edwardi 3. Ordained that henceforth the Kings Common Bailiffs of Romney-Marsh do oversee the Bailiffs and Jurors of the same Marshes of Lyde and Oxeney and to Summon them as occasion The Commission of King Edw. 3. unto the Lord Lodelowe in the 38 year of his Raign Commissioners to oversee the Walls and the Ordinances made touching the same The Commissioners impowered to correct the Ordinances where defective and to make new if occasion require To summona Jury to enquire of Contempts and to punish Offenders Ordained that the Common Bailiff of Romney-Marsh be chosen by the Common assent of the Lords of the Towns of the same Marsh in quindena of St. Michael yearly If the Bailiff chosen refuse shall be amerced 40 s. and a new one elected Bailiffs Fees Hinderers to be punished If the Bailiff Elected be absent he shall be distrained by his Goods to be kept till he Perform his Oath Common Collectors of Assessment to account unto the Bailiff Jurors and Communalty The Accompt to be by Indentures Bailiff to do the like If any of the Jurors makâ— default in the Assembly they to be 〈…〉 If any be put out of their place others to be châ—â—en The like for the Collectors Jurors Collectors c. resusing to be Sworn to be Amerced 20 s. The Jurors nâ—â— appearing on Summons to be Amerced 6 d. The Oath of the 24. Jurors Collectors and Defrayers their Oath Bailiffs Oath Bailiffs Clerk his Fee None to make Dams Offenders in that kind to be Amerced by the Bailiff and 24 Jurors Damages to be recompenced to the party hurt Amerciaments with the days set for payment to be proclaimed Every Acre for the Walls to be bouhht for 40 s. None to take Labourers from the Common Work under pain of 10 s. How the Conduits ought to be kept The Bailiff and Jurors to have their Costs where ever they shall make their Ordinance according to the Law of the Sea Coast Such as make rescues upon the Bailiff to be Amerced 20 s. How far this Law of the Sea Coast shall extend
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
that the Lord the King Father of our now Lord the King in the two and fiftieth year of his Raign by reason of certain discord arisen amongst divers men of the same Marsh by means of repairing the same Walls and Watergages did send Henry de Bathonia his Iusticer to those parts to hear and determine the strifes grown of the same Reparation between four and twenty Iurors and the men of the said Marsh and to provide for the safety and defence of the said Marsh against the overflowing and danger of the Sea and other Waters by Repairing the said Walls and Watergages by them which for Reparation thereof are bound according to the quantity of their Lands and Tenements which they have in the same Marsh Whereby they affirm that the said Henry de Bathonia by Authority of the same Mandate of our Lord King Henry aforesaid hath Ordained and Established for them there a certain Law and Ordinance by which that Marsh is hitherto kept and conserved and therefore require that by that Ordinance and Law that may hereafter be tried and defended as heretofore they have been accustomed And to that end they brought the same Ordinance of the said Henry de Bathonia under the Seal of our Lord the King in these words Before Henry de Bathonia c. as afore c. And because the Ordinance of the said Henry plainly seemeth agreeable to equity and hitherto hath been allowed It is commanded and appointed that the same Ordinance be in all points observed without impeachment adding nevertheless that because in the same Ordinance nothing was expressed of the choice of a common Bailiff of our Lord the King in the same Marsh by what means and by whom that choise ought to be made It is agreed that from henceforth the said common Bailiff of the said Marsh departing or deceasing another which is resident and hath Lands in the same Marsh may have his place And that the same choise from henceforth be made by common assent of two Towns of the same Marsh or by their Attorneys and where the greater number agree it shall stand at their choice because it hath been so accustomed to be done And for levying of the double and of the Costs bestowed for Reparation of the Defaults of the same Marsh for the punishment of such as neglect to repair those Defaults it is agreed that the same double be levyed as in the former Ordinance was appointed and that the double be reverted for the common benefit of repairing the said Marsh and not be observed for the use of the same Bailiff hereafter And because in the same Marsh divers Walls and Watergages to whose repairing and maintaining the communalty of the same Marsh doth not contribute but only they which have Lands adjacent and nearest to the said Walls and Watergages and some by oppression of the Lords of the said Marsh do pay but sometimes 〈◊〉 the repairing and upholding of the same for 40. Acres how much others for 50. Acres that which shall be more against the Law of the Marsh and Ordinance of the said Henry de Bathonia it is agreed and ordained that notwithstanding any custom used before of any all and singular having Lands and Tenements which are subject to the danger of the Sea and have there also safety for the same may henceforth be distrained to repair and support the Walls and Watergages So that all do contribute equally according to the number of Acres which they have there so as none be spared of what state and condition soever they be which thereby have safety and defence And because in that Marsh of Romeney beyond the Waterstream of that Dock stretching from Suergate towards Romenhall on the west part of that Creek unto the County of Sussex there was no certain Law of the Marsh appointed nor used but of such as have Lands at will therein whereby divers perils and intolerable losses had happened by inundation of the Sea that from henceforth such dangers may be prevented and for common benefit seen into It is agreed and joyntly ordained that in the Marsh beyond the same Creek towards Sussex there be appointed to be chosen by the communalty Iurors which for security of those parts in this behalf shall be sworn and having respect to the number of acres which are subject to the same peril and to the quantity of Walls and Watergages there to be repaired and maintained by their Oath shall consider and ordain as much as shall be needful to repair and uphold them So that every one for the portion of Acres subject to the same danger do equally contribute to sustain them So that according to the portion of their Acres and their value there be assigned to every one in the same Walls and Watergages his Portion of Perches to be upholden as is conteined more plainly in the ordinance of the said Henry de Bathonia And moreover for that hitherto in those parts beyond the same Dock towards Sussex there was no common Bayliff appointed which should provide and take had of the dangers there hapning for the common good of those parts and that hereafter no like perils there happen It is ordained that henceforth there be chosen a Bayliff in the same Marshes beyond the said Watercourse towards Sussex to oversee and keep and to repair the Walls and Watergages by the places and terms of all the said Marsh where he shall see it most convenient for the whole communalty And cause the Iurors of the said Marsh to meet together at places requisite when it shall be needful to make ordinances and considerations for safety of the Lands of those parts and to distrain therefore and double to be taken of the negligent when need shall be and to levy according to the form in the same ordinance of Henry de Bathonia contained at the choice of the said Bailiff when it shall happen to be done and that the Lords of the Towns of the same Marsh be always aiding and called beyond the same Watercourse towards Sussex if they will be there and the Iurors and the whole communalty of the said Marsh It is also ordained that from henceforth the said common Bailiff of the King in Romney-Marsh be overseer of the same Bailiff and Iurors in the Marsh beyond the Waterourse towards Sussex and all the Iurors on either side of the said Water-course chosen when it shall be needful do cause to assemble to execute their ordinances and considerations for safety of the Lands of the same Marshes so that always on either side of the same Water-course they stand to the ordinance and consideration of the said Iurors for the less damage and better 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 the Ordinance of the said Henry de Bathonia to indure for ever in