Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	call_v	contain_v	estimation_n	1,763	5	11.8043	5	false

Text snippets containing the quad

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

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-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

several Views taken of the said Marsh-lands and the Reports thereupon made by the respective Commissioners Ordered thereunto And upon consideration of several presentments of Jurors in that behalf made And upon debate of the Petition this day exhibited by several Owners and Farmers of Marsh-lands sormerly scotted as sommer-lands It is Ordered and Decreed That all scots and taxes hereafter to be granted or taxed for the general works upon the said River of Rother and for all Indraught Rents and other general charges and payments whatsoever incident thereunto That the Marsh-lands lying above Hacksden Bridge in Dixter Fleet and in the Levels of Mensham Ewherst and Bodiham shall be scotted and taxed at one third part of the highest summe that any other lands shall be scotted or taxed at and not at any higher or greater rate That the lands lying in Appledore Redhill and Stone shall be scotted and taxed at one half part of the highest summe that any other lands shall be scotted or taxed at That the lands lying in the common Brook of Newenden and in the Level of Peening shall be scotted and taxed at two third parts of the highest summe that any other lands shall be scotted or taxed at And that all the other lands lying within the limits of the Commission aforesaid heretofore scotted to the works upon the said River shall be scotted and taxed at one full third part more then any other the lands before mentioned shall be scotted and taxed at and not at any higher or greater rate any Decree or Order heretofore made at any Session of Sewers held for the works upon the said River of Rether to the contrary thereof in any wise notwithstanding And in pursuance thereof it is now further Ordered and Decreed That one scot of eight pence the Acre for all the lands lying above Hacksden Bridge in Dixter Fleer and in the Levels of Mencham Ewherst and Bodiham of twelve pence the Acre for all the lands lying in Reabill Appledore and Stone of one shilling four pence the Acre for all the lands lying in the Commom Brook of Newenden and in the Level of Peening and of two shillings the Acre for all the other lands lying within the limits of the said Commission heretofore scotted to the works upon the said River of Rother shall be paid unto Mr John Baker at his house in Tenterden upon Tuesday the 31. day of December next and in default thereof to forfeit and pay the doubles and wanes according to the custome of Romney Marsh Thomas Culpeper Iohn Fowle Iohn Mun. Richard Bowen Thomas Dike Iohn Busbridge Nathaniel Powell Richard Kilbury And Sir Edward Hales after the alteration of the former disproportions of scots of twelve pence and four pence never alledged any such previous agreement but contrariwise in the presence of Sir Thomas Culpeper Sir Iohn Henden Iohn Austen Esquire my Self and others when we met together in London to state the matters in difference touching the proportions of scots did declare himself well satisfied with the Rates of scots then agreed upon which were after decreed and further expressed great content that the said difference was reconciled in so amicable a manner and upon such indifferent proportions as by the testimony of a witness without exception then present and yet living can be made appear The proportions of scots then agreed were put in writing viz. We whose Names are hereunto subscribed Commissioners and Owners principally Interessed in the Marsh-lands commonly called and known by the name of the Upper Levels For the final ending all differences between us concerning the proportion of scots do for our selves Consent and Agree that the lands now scotted at twelve pence the Acre be reduced unto ten pence the Acre that the lands now scotted at four pence the Acre be raised to six pence the Acre and that the lands scotted at eight pence the Acre and that the lands now scotted at six pence the Acre be continued at the same rates and that all scots which hereafter shall be granted shall be taxed according to this proportion Edward Hales Iohn Austen William Cage Edmond Gibbon Thomas Culpeper Robert Cordell Thomas Peirs Nathaniel Powell Thank Frewen The Subscribers were Owners of the greatest part of the said Levels which was afterwards Decreed accordingly and those proportions continued until the late Session at Tenterden And further This pretended previous Agreement being objected at a Session of Sewers holden at Cranbrook the 15th of Aprill 1650. Sir Thomas Culpeper who at the time of such conjunction in Commission was an active Commissioner for the Interest of the sommer-lands not then having any drowned lands and was chosen by the Owners of the sommer-lands to attend the said Referrees in 1627. and must have known of that pretended Agreement if any such had been denied that he ever knew of any such Agreement And further made several answers to that Objection which are set forth in my Summary Relation sol 27 30. which I have also inserted herein for your Lordships full satisfaction desiring your Lordships by the way to observe That howbeit the Animadverter hath borrowed that Objection and others thence he doth not in his Animadversions take notice of many of the answers there made to the same The Arguments were these 1. First they alledged That Sherley Moor and Ebonie were formerly governed by distinct Commissions from the other Levels and would never have consented to be put into one Commission and joyned in the charge of the Works with the drowned lands if it had not been first agreed at what proportion each should be Scotted viz. the Sommer-lands at four pence and the drowned lands at twelve pence the Acre To which it was answered That if by agreement they meant the opinion and consent of the Commissioners as the conditions of the Lands at that time were There is no Question it was so but if they intended that there was any agreement in the nature of a Contract between party and party that was not granted neither was there any Record or Evidence nor so much as the Preamble of a Decree to prove ir which no man will easily believe could have been omitted in a Business of such concernment if any such Agreement had been made neither is it probable to be conjectured that after those Levels were joyned in one Commission the Commissioners would have impannelled a Jury to enquire and present what Works were fit to be done and after what proportions the several Levels ought to be Scotted thereunto and have had so many meetings and spent so much time from April 1609. till October 1613 before the same was determined if it had been agreed as was alledged But admit there were any such Agreement yet by the Reference made to the four learned Lawyers aforesaid the Award by them made and confirmation thereof by Decree 11 March 1627. as is before expressed the same was absolutely made void 2. Secondly it was alledged that Sherley Moor Ebomy and the rest

any subsequent Decree there is not any mention made of any such previous Agreement which without all doubt would not have been omitted if any such had been the same being of such consequence to Posterity And now do your Lordships judge of the Animadverters confidence and groundless asserting that Agreement both in the Epistle Dedicatory and Animadversions And in Case any such Agreement had been the same extended only to Sherley Moore and then I know not why all the other lands within the limits of the Commission should not be equally scotted for their preservation according to the Custome of Romney Marsh so much urged at the late Session as caused the Jurors to alter their exhibited presentment Or if notwithstanding the said Custome the same sommer-lands in Farnhill Dombarn Wittersham and Kentchill which cannot pretend to any such Agreement being included within the Commission for the Upper Levels before the conjunction with Sherley Moor shall continue scotted at four pence per Acre and the late drowned lands at twelve pence per Acre which injoy only the benefit of preservation as the other lands do but that then the disproportion of scots between the late drowned lands tendered by the Jurors in concurrence with the Opinion of the two Lord Chief Justices touching the casualties and uncerteinties of lands ought to have been established which I submit to your Lordships judgements 3. The third matter in difference is Whether the Marsh-lands in Redhill Appledore and Stone shall be discharged from bearing any part of the charge of the said Indraught their common Outfall to the Sea which was many years since in apparent danger to be lost having thereby been restored and preserved In Answer whereunto I must first let your Lordships know That by the Law and Rule of Sewers All lands sewing into a Common Outfall which is maintained at a general Charge ought to contribute thereunto and cannot be exempted from the charge thereof in Toto if they may in Tanto That those lands have received benefit by the Works and Indraughts in Wittersham Level is demonstrated For that Walland Marsh whose waters issue into the same Channel 4 or 5 miles nearer the Sea then most of those lands and consequently had a greater fall and better Sewer have received benefit thereby and do contribute to the charge thereof which by Agreement with the Upper Levels they were not to do until such time as their Sewer was bettered by the said Works and are to contribute during the continuance thereof and not after And further the Animadverter fol. 55. hath set forth a Presentment of Jurors pretended to be made in August 1635. whereby it was presented as he alledgeth That if the sea were not speedily let into the Low-lands of Wittersham it would be prejudicial to the Sewers of all the lands that sewed into the River of Rother And I likewise desire your Lordships to observe That this supposed Presentment was at such time when Sir Walter Roberts and other Owners of the drowned lands opposed the letting of the sea into Wittersham Indraught at most of which transactions I was present and viewed the then desperate decay of the Sewer of the sommer-lands which issued their water by Thorney Sluce howbeit the late drowned lands were then perfectly drained And by the presentment of the late Jurors it appears That the preservation of the Outfall at Thorney Sluce is necessary for the well sewing of the same lands in Redhill Appledore and Stone yet they are thereby exempted from bearing any part of the charge of Wittersham Indraught whereby that Outfall is and for many yeers hath been preserved And your Lordships by perusing the Decree herein set forth may observe the fair and civil respect which the then Commissioners shewed unto the Owners of those lands A Session of Sewers holden at Sandhurst on Thursday the third day of September 1646. WHereas at the Session of Sewers holden at Tenterden the 27th day of May 1645. William Pix Gent. and others his fellow-Jurors did present That there are by estimation a 1000 Acres of high Marsh-lands lying within the limits of the said Commission which have received benefit and security by the works upon the River of Rother and have not yet been scotted thereunto They did think fit the same should be admeasured and scotted for the future ratably with the lands in Sherley Moor as sommer-lands unto all generall works upon the River of Rother And whereas at the Session of Sewers holden at Tenterden the 10th day of June 1645. it was Ordered and Decreed That William Powel Gent. should write unto Sir Edward Hales Knight and Baronet to the heirs of Sir Walter Covert to the Dean and Chapter of Christ Church Cant and George Chewte Esq or the Tenants of their lands sewing into the River of Rother or Channel of Appledore to shew cause at the next Sessions of Sewers to be holden at Tenterden on Thursday the second day of September next Why their said lands that have not paid scots to the works upon the said River of Rother should not from thenceforth be scotted and taxed thereunto proportionable to the benefit or security they have or should receive thereby and according to the before recited presentment by the Jury in that behalf made And whereas the said William Powell did send accordingly And whereas at the Sessions of Sewers holden at Tenterden the second day Of September 1645. it was alledged by Sir Cheyney Culpeper Knight on the behalf of himself and others That when the Owners of Sherley Moor and Newenden Level with others did joyn in one Commission it was then generally agreed on That the said high Marsh-lands should be exempted from all general scots towards the said works And forasmuch as the said Agreement was not then produced it was therefore Ordered and Decreed That the said parties should have time given them to produce the said agreement till the next General Sessions of Sewers to be holden at Tenterden in Whitson week And whereas at the Sessions of Sewers holden at Tenterden the 26th day of May 1646 the aforesaid Agreement was not produced but further day was desired for the same And that it was then Ordered and Decreed That further Order should be given to the said parties to produce the same or such reason as should be adjudged sufficient for exemption of the said lands until this present Sessions And whereas at this present Sessions now holden the aforesaid Agreement was not produced nor any sufficient reason shewed for exemption Upon serious and due consideration of the premises by the Commissioners now present It is now Ordered and Decreed That the aforesaid lands from henceforth be scotted and ta●ed to the general works upon the River of Rother in such proportion as in the presentment is set forth viz. according to the proportion of Sherley Moor at four pence per Acre And that Mr. Thomas Huckstep and Stephen Curtis jointly and severally be Water-Bayliffs of the said lands to