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
year the Sheriff hath not sent his Writ therefore he in pity c. that is to to say Fulk Payforor therefore as before it is given in charge to the Sheriff that he cause to come here fifteen days after the day of S. Trinity wheresoever c. twelve c. by which c. and which neither c. Afterwards at that day there came the said Godfrey H. and others and desired Iudgment to be done according to the Record and Process of the same Plea and the Plea was recited before the Lord the King and his Counsel and because it is found according to that Record that the Lord the King had otherwise sent Henry de Bathonia his Iustice thereunto assigned to the same Romney-Marsh who disposed that all those which had Lands and Tenements in the same Marsh should according to the quantity of their Tenements Contribute to repair the Walls and Watergages of the said Marsh as the said Hamo and others alledge to which Contribution the said Godfrey is not bound as the said Godfrey saith neither as yet is it manifest in the Court of the King here of the same Ordinance and Disposition without the which they cannot rightly proceed unto Iudgment Day is given them in 15. days after the day of S. Michael wheresoever c. And in the mean space the Rolls of the time of the said Henry de Bathonia are sought and it must be known that it is forbidden that the said Hamo distrain the said Godfrey whilst the Plea dependeth Afterwards in 15. days after the day of S. Michael in the 43 year c. the said Godfrey came and withdrew himself of his Writ against the said Hamo and others c. And therefore he in pity c. And further he granted for himself and his Heirs that from henceforth they should cause to be repaired the Walls and Watergages for his part of the quantity of his Lands together with his Neighbors as the custom of his Country is without contradiction or cavillation for ever And the said Hamo hath granted and bound for himself and others that he will accompt before the 24. Iurats of the Country chosen upon the Distresses and Beasts taken of the said Godfrey for repairing the said Walls and Watergages from the beginning of this Plea till now c. And those Distresses according to the quantity of the part hapning to him shall in the mean space satisfie for reparation of the Walls and Watergages aforesaid as is afore declared by the Distresses that the said Hamo and others shall pay in all things which shall be injoyned by the said accompt between them of the Surplusage received of the Beasts sold by the said Godfrey by the same occasion And the said Godfrey hath granted that if the said Hamo verify by accompt that the Beasts taken by him in the name of Distress by occasion aforesaid in value cannot satisfie for the part of the quantity of his Land for the repairing of the said Walls and Watergages that he the said Godfrey will satisfie him in all Arrerages from the beginning of the same Plea till now by the View and Estimation of the same four and twenty Iurors of the Country c. The Ordinance of the Lord John de Lovetot and Henry de Appledorefeild Iustices of the Lord the King of all the Marshes of Romney and Oxney to the County of Sussex Before J. de Lovetot and H. of Appledorefeild at Romney the fifth day of December in the sixteenth year of King Edward Son of King Henry Our Lord the King hath sent to his welbeloved and faithful John de Lovetot and Henry de Appledorefeild his Writ in these words Edward by the Grace of God King of England Lord of Ireland and Duke of Aquitane to our welbeloved John de Lovetot and Henry de Appledorefeild greeting Know ye that whereas wee are bound by reason of our Princely Dignity and by Oath to provide for the safety of our Kingdom We have assigned on every side you to oversee the Walls and Ditches by the Sea Coast aud the parts thereto adjoyning in the County of Kent diversly ruynated by the stage of the â—â—ea to enquire by whose default such hurt hath hapned there and of all those which hold Lands and Tenements in those parts and by any means have Defence and Safety or may have Defence or Safety by those Walls and Ditches and them for the quantity of their Lands and Tenements or by the number of Acres of Land or by Carucates for the rated portion of their tenure to distrain together with the Bailiff of the Liberties and others of these parts to repair them in necessary places as often and where as need shall be so that none having Lands or Tenements of this or other of what Condition state or dignity that they be which have any Defence by these Walls and Ditches whether it be within the liberty or without shall be spared in this behalf And therefore we command you that for the execution of this business ye behave your selves so faithfully and discreetly that as well men resident in the same places as their Lands may be saved against like Perils and casually no worse in like manner happen and you upon that which you shall do and ordain in this behalf under your Seals and the Seals of the Iurors as well Knights as other honest and lawful men you distinctly and publickly certifie us For we have commanded our Sheriff of the same County that at certain days and places which he shall limit them he shall cause to come so many and such honest and lawful men of his Bayliwick by whom the truth of the matter may be known and enquired in the premisses in witness whereof c. Witdess Edmund Earl of Cornewall our Constable at Westminster the fifteenth day of November in the sixteenth year of our Raign By which Mandate it was commanded to the Sheriff that he should come before the said Iustices here at this day four and twenty Iurors of Romney-Marsh and all the Lords of the Towns of the same Marsh and such and so many honest and lawful men of the several Lands near to the Sea Coast in his Bayliwick by which the truth of the matter in the premisses may the better be known and inquired of and further to do that which in the premisses shall be ordained who now came And the said four and twenty Iurors of the same Marsh together with the communalty of the said Marsh alledged that the Lord King Henry Father of the now King by his Charter hath granted unto them certain liberties in his Lands of the same Marsh and required that their liberties aforesaid may be reserved unto them and that nothing be attempted or ordained to the prejudice of the same liberties and produce a Charter of the Lord Henry our King aforesaid in these words Henry by the Grace of God c. They also alledged
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
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