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
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
same Marsh or by their special Attornies and where the greater part of them in number shall agree their choise shall stand in keeping Assemblies at Demecherch or Newcherch or other meet places within the precinct of the said Marsh in quindena of S. Michael yearly by the Summons of the said Bailiff except within that year for some necessary and reasonable cause that Bailiff ought to be put out and another set in his place And if he which is chosen being present will not take upon him that Office he shall be forthwith amerced in forty shillings which the sucseeding Bailiff may cause to be levied of his Goods and Chattels for the common benefit of the said Marsh And so set there be a new choise made forthwith of another Bailiff which will allow of the Oath and Office and let him have for his labour the Fines to be levyed which happen of the Assessments and also the double of all his Tenths laid out for the negligence of others whatsoever And if he which is chosen be afterwards hindred by any whereby after he is chosen he dare the less take upon him that office lorthwith those hinderers shall be severally punished by the same choosers as the same Bailist should be punished if he would refuse the same oath and office And if it happen that he in the time of his Election shall be absent he shall be forthwith distrained by the preceding Bailiff of the said Marsh by all his Goods and Chartels and they shall be bestowed in places meet and accustomed and there detained until he shall come to the Archbishop of Canterbury the Abbot of S. Augustine the Prior of Christ-Church in Canterbury which for the time shall be or to one of them which for the time shall be and will perform the Oath and thereupon shall bring their Letters marked with their Seals to the preceeding Bailiff and shall do the same within six days next after the same choise made otherwise let him be payned as is aforesaid and straightway let a new choise be made At which principal Assembly the said common Collectors of all the preceeding General Assessments and also the defrayers thereof shall accompt before the said Lords or their Attornies if they will be present unto the Bailiff four and twenty Iurors and communalty of the same Marsh and let the accompt be done by Indentures made between them and the Bailiff and 24. Iurors and communalty of the same Marsh let the accompt of the Bailiff for those things which happen to him he done in the same manner And if any of the same 24. Iurors do make default in the said principal assembly unless he hath a reasonable excuse shall be amerced in xii pence to the use of the Communalty to be levied by the Bailiff And if it happen that any of the 24 Iurors depart within the year or ought to be put out of his place others must be chosen and set in the principal assembly by the Lords of the Fees the Bailiff the 24. Iurats and Communalty of best discretion and ability of the same Marsh to make up the same number of four and twenty In like manner also let be done touching the Collectors and Defrayers so that they may not be chosen of the said Iurors if the same Lords will be present And if any of the said 24. Iurors Collectors or Dishursers shall be chosen and will not be sworn let him be Amerced in twenty shillings to be levyed as is aforesaid and forthwith others chosen and charged in their stead And if the said four and twenty Iurats shall be summoned wheresoever within the precinct of the said Marsh at a common or special meeting where all but eight or ten of them at the least were absent so as judgment and award for safety of the said Marsh may not be made for safety of the same Marsh in default of the greater number being away every of them being absent shall be amerced by the Bailiff in six pence as is aforesaid to be levyed Of which and other like things the said Bailiff shall accompt in the principal Assembly abovesaid Also every of the said 24. Iurors shall swear That he will make true Iudgments and awards with his fellow Iurats without sparing any Rich or Poor as well touching taking Distresses as of the Walls Lands Watergages Sewers Ditches and Gutters Bridges and other impediments whatsoever happening within the Precinct of the same Marsh to be removed and to punish offences And that they be attendant on the Bailiff of the said Marsh the distresses taken and detained by the space of three days and more to praise and sell in places accustomed and that he cause all the Iudgments and awards by them made to be inrolled and Indentures thereof to be made between them and the Bailiff of the same Marsh which for the time shall be And the Collectors and Defrayers chosen as is abovesaid shall Swear That they shall truly Levy Collect and dispose and also accompt of all Assessments imposed by the Lords Bailff and 24 Iurors or the greater part of them And in like manner let it be made and observed in all Watergages within the Precinct of the said Marsh and before the Lords of the Towns if they will be present Also the Bailiff shall Swear that he shall make true Execution of the Iudgments and Arbitraments of the same four and twenty Iurors and of those things which appertain to them to judge and award And that he in proper person all the Collectors and Defrayers as well the general as several Assessments as is aforesaid shall charge by Oath faithfully to Levy Collect bestow and accompt And that in proper person he oversee all the Walls Lands Watergages Sewers Gutters and Bridges when it shall be needful at least twice in the year once in the Month of January and the second time in the Month of June And that he shall deliver to his Successor all the Evidences which be in his Custody as well Charters of the Kings of England containing Liberties and Customs of the same Marsh as Rouls of Iudgments considerations and Awards by the aforesaid 24 Iurors with all the proceedings of the Accompts Collections and Expences whatsoever in his time had And that the Clerk of this Bailiff may have for his labor of the communalty of the same Marsh six shillings eight pence And that it be not lawful henceforth to make dams or fourds or other Impediments in any Lands Watergages Ditches or common Conduits in the aforesaid Marsh whereby the right course of Waters may in any wise be hindered And if any do it and it be testified by the Bailiff and six of the Iurors or by the Comminalty of the Conduit where Dammage shall be done let him be presently amerced according to the quantity of the Offence by the said Bailiff and 24. Iurats and forthwith levyed for
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