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
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
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
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
common benefit as is aforesaid And nevertheless if any other then the Communalty shall be hurt thereby and the same be proved by Testimony of the Bailiff and six of the Iury let him recompence the damnified Also they ordained and established that every assessment in the same Marsh should be proclaimed in certain publick places and that day of payment thereof be assigned and proclaimed that none ignorance may excuse when and in what place it ought to be paid Also they have ordained and established that every Acre for the Walls and Watergages be bought for forty shillings And that it be not lawful for any one to take away laborers being in common work for his own private business nor to keep them in any other place until the same work be finished And if any one be convinced thereof by testimony of the Bailiff and Iurors in common assembly he shall be amerced of ten shillings which must be levyed forthwith by the said Bailiff to the common profit as above c. Also they ordained and established that all the Conduits within the said Marsh through all the Lands and Tenements in every Watergage be so kept that is to say that the Water run not down out of the right course to the damage of any body under pain of the quantity of the offence to be levyed by the Bailiff to the use of the communalty when any one is thereupon convicted by testimony of the Bailiff and vi of the Iurors in a common assembly And because of old it is granted by our Lord the King that all the Lands near to the Sea Coasts be kept by Laws Ordinances Statutes and Customs of the said marsh of Romney from the Isle of Thanet unto Penensis as well in the County of Kent as in the County of Sus it may be lawful for the said Bailiff and four and twenty Iurors to ask and have their reasonable Costs of those which will bring them to places whether they be Lords or of the Communalty where they ought to make their Ordinance according to the Law of the Sea Coast as well in Walls as in Watergages Gutters Sewers Fishings and other things whatsoever touching the same Law Also they have Ordained and Established that if any make rescues upon the Bailiff of the Marsh or his Ministers for any Distresses whatsoever taken upon whomsoever by occasion of the same Articles or of any Ordinance made or to be made for the benefit of the said Marsh and thereupon by Testimony of the said Bailiff and six or eight of the Iurors of the said four and twenty or of the Conduit where the Distress shall happen to be taken he be convicted let him be payned by Amerciament of twenty shillings to be levyed to the use of the Communalty by the Bailiff as aforesaid In like manner let be done in places where the Law of the Sea Borders runneth 'twixt the Isle of Thanet and Penensis or in the County of Kent or in the County of Sussex FINIS 6 H. 6. cap. 5. 4 Inst cap. 62. fo 276. 23 H. 8. cap. 5. Callis his Readings 15 Car. 2. cap. 2. Sect. 5. Charta Henrici tertii Regis Concessio 24. 〈◊〉 ' quod instrictiones â—â—â—ri faciant Nullus Vicecomes vel aliquis Balliorum suorum cum districtionibus illis se intromittant Ordinatio Henrici de Bathonia Châ—rta H. 3. 〈◊〉 Callis Lect. fol. 155. Juratores propter resistentiam hominum Marisci dictas districtiones facere nequeant Rex constituit Henricum de Bathonio ad audiend ' 〈◊〉 ' contentiones inter praedictâ—s 〈◊〉 Jurat ' 〈…〉 Ordinatio Henrici de Bathonia Justiciarij Domini Regis H. 3. Quod 12. homines Eligantur per totam Communitatem viz. 6. de Food ' Archiepiscopi et 6. de Baronia qui mensurabunt Wallias et Terras quae infradictum Mariscum periculo subjacent Callis Lect. fol. 158. Jarat ' proportione Acrarum Terrarum periculo singulis assignetur sua portio perticarum per loca certa Ballivus illis quibus loca assignata fuerint defendenda scire faciet quod reparare faciant infra terminum assignat ' per Jurat ' Si ipsi ad hoc facere neglexerint Ballivum tales reparationes facere Et idem negligens Ballivo duplum reddere et distringi possit per Terras suas De Terris tentis in Communi Jurat ' ordinabit quantum quilibet eorum defendere debet Si aliquis participum neglexit pars sua aliis participibus assignetur qui defensionem facient Et illi tenent donec ipsâ— duplum solverint Et si omnes participes neglexerint Ballivum defensionem facere et distringere duplum super participes Salvo Capital ' Dominis feodi suo jure Salvo Communitati dicti Marisci tenore Chartae Domini Regis eisdem concessae 〈◊〉 Domini Regis vicecomite Kanciae quod de distructionibus praedictis in nullo se introâ—â—â—tat Hamo Pitte al' attach ' fuer ' ad respond ' Godfr ' Fauconer in placito transgr ' quare venerunt ad Manerium suum de Hurst Bona Catalla sua ibidem ceperunt aspertaverunt c Callis Lect. fo 〈…〉 Placitum defeadentis Replicatio 〈◊〉 Rejungen ' Defendentum Ordinatio Henrici de Bathonia placitata Surrejungen ' quer ' Quod ille nunquam eidem Ordinationi Consentit nec Summonitus fuit Def ' respond ' quod ipse quer habuit Communem Summonitionem sicut reliqui Marisci habuerunt Exit Ven. fac agard ' Quer ' subtraxit se de Brevi suo Et ideo ipse in Misericordia Calli. Lect 150. Ordinatio Johannis de Lovetot Hen. Apulderfield Justic de omnibus Mariscis in Rornney Oxney 16 E. 1. Commissio Regis E. 1. Jo. Lovetot Hen. Apuldrefeild ad super videndum Wallias per Costeram Maris Mandatum vicecomiti Juratores placitant Cartam H. 8. eisdem concessâ—m Placitant etiam Ordinationem Henrici de Bathonia praed Confirmatio Ordinationis Henrici de Bathonia Ad quam modus Eligendi Communis Ballivi additur Quomodo duplum levetur approprietur Quod singuli terras tenementa habenres quae periculo maris subjacent aut salvationem habent pro eadem de caetero Distringantur Ordinatum est quod in Marisco ultra portum usque Sussex Juratores statuantur Electi pro securitate partium illarum pro ut continetur in Ordinatione praedicti Henrici de Bathonia Calli. Lect. 39. Quod de caetero eligatur Ballivus in Mariscis ultra cursum 〈◊〉 quae versus Suffex Officium Ballivi Ballivus Regis in Marisco de de Romane sit supervisor Ballivorum Jurat in Marisco ultra cursum aquae versus Sussex Omnes ad ordinationem considerationem Jurat ' stare 〈…〉 appunctâ—â—â— supervisorâ—â— Walliarum c. in Com. 〈◊〉 An. 2 E. 2. Ordinatum est quod Communis Ballivus Domini Regis in Marisco de Romane supervideaâ— summâ—neâ—â— Ballivos
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
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