Farmers of any of the lands therein mentioned I know not And as to that other malicious Insinuation touching the Clark of the Sewers and the defacing and withdrawing of Records I answer That if any such have been the Animadverter if he know thereof ought to prosecute the Offenders I know some Records are missing which made against the Interest of the sommer-lands if produced which I could never see or procure and that the present Clerk who was sometime my menial servant was chosen Clerk but in 1652. and the proceedings whereat the Animadverter takes most offence were several yeers before when Mr. William Powell a well-wisher to the sommer-sommer-lands being Farmer unto a considerable part thereof and Tenant unto Sir Edward Hales was Clerk of the Sewers My Lords I have neither time or opportunity to make particular Answers to the many malicious Surmises and Calumnies cast upon S. N. P. by the Animadverter in every page of those Animadversions who the better to blast and invalidate whatever should be by him produced or urged doth not take notice of his Grandfather or any of his Reasons or Arguments who was an Actor in all those transactions which passed at such time when I was wholly a stranger to those Levels and often declared them with the Grounds and Reasons of them but with oblique reflexions insinuates them as my Fancies and Constructions grounded only upon ipse dixit I desire your Lordships to call to mind That Sir Thomas Culpeper who was the Dean and Chapters Tenant to the High-lands in Appledore about fourty yeers and knew best what benefit and security those lands had received and enjoyed by those works did joyn with other Commissioners in several Decrees whereby those lands are scotted to the Works and Indraught in Wittersham Level My Lords I have hereunto annexed the late presentment of the Jurors at Tenterden with the Decrees thereupon made and some Observations upon both which I refer to your Lordships consideration At a Session of Sewers holden at Tenterden in the County of Kent the 16th day of June in the 15th yeer of the Reign of our Sovereign Lord King Charles the second by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. Anno Dom. 1663. Before Sir Edward Hales Baronet Sir John Covert Knight and Baronet Sir Charles Shelley Sir Nathaniel Powel Sir Thomas Peirs Baronets Sir Anthony Ancher Sir George Choute Knights George Porter Thomas Herlackenden Edward Hales John Marten Thomas Lake John Middleton John Horsmonden Samuel Boys Ralph Bufkin Esquires William Levet and William Hawes Gent. By Vertue of his Majesties Commission bearing date the 15th day of August in the 14th yeer of his said Majesties Reign Imprimis IT is Ordered and Decreed that the Expenditor of the Upper Levels shall out of the first moneys he receives for the Countries use pay and discharge unto Mr Wooddall such Arrears of Tithes as is due to him from the Upper Levels Also it is Ordered and Decreed that the Presentment of the Jurors of Kent and Sussex Impanelled by us for inquiry be entred in this book as followeth and that all scots now and for the future be granted accordingly KENT and SVSSEX The Presentment of the Jurors of enquiry for the Counties of Kent and Sussex before the Commissioners of Sewers at their Sessions holden at Tenterden the 16th day of June 1663. 15 Caroli 2. upon such evidence as was then offered unto us and upon our own view with mature deliberation thereupon had Imprimis 1. WE Present that for the preservation of the three thousand Acres of drowned lands and the two thousand Acres of the sommer-lands within the Upper Levels That the said sommer-lands be scotted at one third part in reference or relation to all such scots as shall hereafter be imposed upon the drowned lands to the Works and Rents of Wittersham as formerly hath been done Item 2. We Present That the lands called by the name of the High-lands conteining 222 Acres or thereabouts and 350 Acres or thereabouts lying in Redhill and Appledore and also 426 Acres or thereabouts lying in the Parish of Stone conteining in the whole by estimation a thousand Acres or thereabouts not formerly scotted till the yeer 1645. ought not to be scotted to the Rents and Works of Wittersham for that it appears to us they receive no benefit by the same Item 3. We Present and our Opinion is That the old admeasurement of the lands lying in Sherley Moor according to the larger Acre ought to be scotted as formerly and no otherwise Item 4. We Present the Gutts of Redding Redhill and Ebony lately have been and still continue very much annoyed by the slubb brought in by the sea into the Channel of Rother whereby the said Channel is very much swerved through the decay of the Sluce in Thorney Wall to the great detriment of those Levels in not well sewing their waters and dreyning their lands And our opinion is That the said Sewers in short time will be utterly lost unless some expedient way be found for the scouring the Channel in the River of Rother either by erecting the said Sluce at Thorney Wall or otherwise as your wisdomes shall think fit And further That if any new work or works shall be shortly attempted for the purposes aforesaid that all the lands drowned lands and sommer-lands conteining in the whole about five thousand Acres and all the thousand Acres in the High lands at the lower end of Sherley Moor Redhill Appledore and Stone may be scotted at an equal rate for the cleansing the River of Rother and not otherwise Thomas Lambert William Andrew Zouch Brockman Edward Simonds William Randolph Iohn Crips Stephen Pook VVilliam Brewer William Delawn George Swan Henry Frere John Bull. Ioseph Newington John Moyle Henry Oxenden John Bodnam Robert Drayner Thomas Midmor Walter Roberts Item For the payment of the Rents of Wittersham Level and for doing the works in the said Level it is according to the Presentment of a Jury this day made Ordered and Decreed That there shall be levied eleven scots each of them of four pence the Acre for all the lands anciently called or reputed sommer-lands and eleven scots each of them of twelve pence the Acre for all the lands anciently called or reputed to be drowned lands lying between Vdiham Oak and Oxney Ferry and usually before the yeer 1645. scotted to the works upon the River of Rother to be paid by the Owners and Occupiers of the said lands respectively All which eleven scots are hereby granted and are to be paid to Mr. William Ward at the house of Iames Nash in Newenden in manner following viz. Four of the said scots the 25th of Iuly next four of the said scots the 15th of August next and three scots residue of the said eleven scots the 15th of September next And it is further Ordered and Decreed That notice shall be given for the payment of the said eleven scots
THE Animadverter Animadverted Or Brief Observations On Animadversions Published By Thomas Harlackenden Esquire Intituled Animadversions on several Material Passages in a Book Written by Sir NATHANAEL POVVEL Baronet By the same Authour Veritas non querit Angulos LONDON Printed for the Authour 1663. TO THE RIGHT HONORABLE JOHN Earl of Thanet Island AND THOMAS Lord CVLPEPER Baron of THORSWAY My Lords I Presume it seems as strange to your Lordships as to my self and others that those Animadversions composed of so many mistakes and errours and larded throughout with such malitious aspersions and surmises should be published in the name of Thomas Harlackenden Esq a Gentleman of Worth and Quality and recommended to your Honours Patronage whose Noble and heroick Spirits have ever shewed much aversness from all proceedings which endeavour to wound the reputation of a good cause Controverted through the sides of the Assertors I shall not trouble your Lordships with the repetition of them but annex hereunto a List of those Gentlemens Names who concurred with me in those times and actions whereunto the Animadverter takes offence not doubting but their known Integrities and Judgments will abundantly vindicate my Reputation therein being Persons of too great Judgement to be deluded with shadowes only and too much fidelity to betray their Trust and sacrifice their Consciences to advance any mans particular Interest Neither will I trouble your Lordships by relating with what diligence those Animadversions were dispersed at Allington Court and at the late Session of Sewers amongst the Commissioners and Jurors at and before such time as they were impanelled the consequence whereof I leave to your Lordships consideration upon that which ensued but will briefly state the matters in difference between us and for satisfaction therein refer your Lordships partly to my former Treatises and partly to that which followes 1. The principal matters in difference are briefly these First whither the late drowned lands being recovered thirty yeers since having formerly spent twenty yeers time and twenty thousand pounds fruitlesly in hopes of recovery at the disproportions of twelve pence per Acre drowned lands and four pence per Acre Sommer lands shall be scotted at the same disproportions during the continuance of the Indraught in Wittersham Level the continuance thereof being necessary for both their preservations and no future advantage thereby given to the late drowned lands then to the late sommer-lands Whereunto I answer that it is acknow ledged by the Animadverter fol. 54. That when the Articles were agreed upon between the Committees for the upper Levels and Wittersham dated the 18th of February 9 Car. 1. The upper Levels were drained which occasioned those Articles from which your Lordships may observe That Wittersham Indraught was not of absolute necessity to the recovery of the drowned lands other then to procure the concurrence of the owners of the sommer-lands and others for whose preservation the same was of absolute necessity as the Animadverters Grandfather hath often declared and after attested under his hand not many weeks before he died which your Lordships may peruse in my Remonstrance towards the end thereof fol. 6. And further The decaying sommer-lands notwithstanding their many years preservation by the three first Indraughts at Peening Ebony and Woodruff grew afterwards into further decay so that in the year 1630. the Channel of the River of Rother was so much swerved and decayed as that all the lands sewing thereunto viz. Romney Marsh Walland Marsh c. all which lie some miles neerer the sea then the upper Levels were in danger to lose their Sewer much more the decaying sommer-lands which lie further from the fall as is manifested by the transactions of the Lords Bayliffs and Jurates of Romney Marsh the Commissioners for Walland Marsh and the Commissioners for the upper Level and are declared in my Remonstrance fol. 13 14. All which makes it evident That since the yeer 1633. the late drowned lands being then perfectly drained as they now are both the late decaying lands and late drowned lands have been only preserved by the said Works and Indraught and no further advantage thereby given to the late drowned lands then to the late decaying lands And now do your Lordships judge by what Rules of Sewers Law or Conscience the late drowned lands shall be further taxed at twelve pence per Acre lesser measure and the late decaying lands at four pence per Acre larger measure for the continuance of Wittersham Indraught by means whereof the whole Rents and Profits of all or a considerable part of the late drowned lands as they have been for fifty yeers past so may be for fifty yeers to come swallowed up in charge of Scotts and the inheritance of those lands sacrificed for the preservation of those decaying sommer-lands which during all that time have and will thereby yield to the Owners thereof eighteen or twenty shillings per Acre cleer yeerly profit above all charge of Scotts so that it had been much better for the Owners of the late drowned lands if the recovery of their lands had never been attempted 2. The second matter in difference is Whether by the Law or Rule of Sewers Sherley Moor shall enjoy a larger measure of 18. or 20. foot to the Pole and all the other Levels but 16. foot ½ being now all under one Commission I Answer That this disproportion of measure is without President or Example contrary to all Rules of Sewers and contrary to the Statute or Ordinance De Terris Mensurandis and therefore the Animadverter endeavours to support it with a pretended previous Agreement made between the Owners of Sherley Moor and those of the other Levels before their conjunction in one Commission viz. That Sherley Moor was to continue that disproportion of measure and of scotting at twelve pence per Acre drowned and four pence per Acre sommer-lands Whereunto I answer That this Agreement was never insisted on nor objected at the Reference made to the four learned Lawyers in 1627. howbeit Sir Edward Hales Knight and Baronet deceased was then present who is pretended to be Party to such Agreement as appears by the case then drawn up which is set forth in my Remonstrance fol. 17. and which was given in evidence by the Owners of the sommer-lands to the Jurors at the late Session of Sewers holden at Tenterden And for that I find that the Animadverter fol. 23. hath set forth the decretal part as he terms it of the decree made the 26th of May 1626. And fol. 16 hath set down part of the Preamble of a Decree made the 19th of September 1650. I shall present to your Lordships both these Decrees at large that your Lordships may the better judge of the Animadverters candid Quotations and Inferences mentioned in the remainder of his Animadversions upon which I have not at this time leisure to give your Lordships particular observations At a Session of Sewers holden at Northiam in the County of Sussex the
26th of May in the second year of the Reign of our Sovereign Lord Charls c. before Sr. Nicholas Tufton Sr. Isaac Sidley Knights and Baronets Sr. John Wildigos Sr. Ralph Bosvile Sr. Alexander Culpeper Sr. Humphry Tufton Knights Robert Foster John Theobald John Porter William Culpeper Thomas Dike Esquires Peter Courthope William White Gentlemen By vertue of his Majesties Commission to us and others Directed bearing date the first day of June in the first year of his Majesties Reign in manner and form following viz. FOrasmuch as at this present Session of Sewers as well by Petition and Certificate of several persons absent as by complaint of divers persons present and justly proved the deep drowned lands lying in East Maitham West Maitham Newenden Sandherst Bodiham Enburst Northiam and Beckey have heretofore been scotted and taxed to pay more money then the said lands are now or then were worth to be let by the year or more then the Feesimple or Inheritance thereof can be sold for and yet neither do nor can receive any profit or very little not proportionable to the Charge by the said works for which the said scotts are imposed whereby many Owners of the said Lands are much decayed and hindered and no Tenants can be procured to occupy the said Lands by reason of the greatness of the scotts and many fatherless children left unprovided for Of all which the Commissioners now present by their own knowledge and view are sufficiently assured and therefore accordingly as is petitioned think fit it be reformed and the said inconveniences hereafter prevented and the exceeding great scotts and little profits accrewing thereby to the Owners and Occupiers of the lands in the said Levels which may in time to come be avoided The said Commissioners therefore do now Order and Decree That the said lands shall not be from henceforth scotted or taxed to pay any scotts or taxes of money to be herefter imposed or set upon all or any of the said lands in the said Levels more than the Annuall value or Rent of the same are or may be let for and that rateably to the profit to be received by the work for which the said scotts are to be taxed and assessed except such scotts only as shall hereafter be set and imposed for or concerning apparent inundations to the utter loss of the whole Level or greater part thereof Sealed and subscribed by Nicholas Tufton Isaac Sedley Alex. Culpeper Will. Culpeper Ra. Bosvile J. Wildigos H. Tufion Rob. Foster Iohn Theobald Iohn Porter Thomas Dike Peter Courthope William White A Session of Sewers holden at Robertsbridge in the Parish of Salehurst in the County of Sussex upon Thursday the 19th day of September Anno Dom. 1650. Whereas at a Session of Sewers holden at Cranbrook the 7th day of August in the 8th yeer of the Reign of the late King James of England c. sufficient Jurors of the respective Counties of Kent and Sussex did present That there were then within the limits of the Commission of Sewers for the works upon the River of Rother three thousand Acres by estimation of Marsh lands which were drowned and yielded no benefit to the Owners thereof and two thousand Acres of Marsh land or thereabouts which were usually drowned in the winter and dry most part of the sommer but in iminent danger to be likewise drowned and lost if some speedy course of preservation were not taken And further presented That for the payment and charge of all such works as were then propounded as well for the recovery of the said drowned lands as preservation of the said decaying lands they though fit that the said drowned lands should be scotted at twelve pence the Acre and the said decaying lands at four pence the Acre or after the same proportion to every greater or lesser tax All which was assented unto by the Commissioners then present and Decreed accordingly And afterwards as well to recover the said drowned lands as to preserve the said decaying lands three several Indraughts were successively made viz. Ebony Peening and Woodruff and the whole charge and burthen thereof taxed and paid after the rates of twelve pence the Acre drowned lands and four pence the Acre sommer-lands and whereas after seventeen yeers charge and experience of the said works it appeared that the drowned lands had paid thereunto above ten pounds by the Acre and received no benefit thereby but continued in their drowned and lost condition and that the said decaying lands received the sole benefit thereof having been preserved from further decay And whereas at a Session of Sewers holden at Sandherst the 18th day of September 1627. sufficient Jurors of the respective Counties did amongst other things present That the beforementioned decaying lands scotted at four pence by the Acre had received and enjoyed much more benefit by the said works then the drowned lands scotted at twelve pence by the Acre and that the great charge of the lands scotted at twelve pence the Acre considered with the small profit received thereby it was most necessary and requisite that from thenceforth all the said Marsh-lands as well sommer-lands as wet lands should be taxed at one and the same rate by the Acre and by one and the same admeasurement towards the cleansing and preserving of the Channel and all other payments and disbursements for the general works whatsoever And whereas in pursuance thereof and of an Award then after made by four learned Lawyers to whom the determination of the differences arising from such disproportions of scotting was referred by consent of all parties It was Ordered and Decreed at a Session of Sewers holden at Tenterden the 11th day of March then following by the principal Owners of the said decaying lands and other Commissioners then present That all scots then after to be granted for the general works upon the said River of Rother should be granted and paid equally by the Acre as well for the sommer-lands and dry lands as for the drowned and wet lands which equality of scotting continued accordingly for some yeers after All which notwithstanding the great Charge and Burthen of the Works and Indraught in Wittersham Level have been taxed and paid at the former and unequal rates of twelve pence and four pence per Acre and have cost the said drowned lands though hereby drained and recovered much more then the Inheritance thereof can now be sold for to the very great prejudice of all and utter undoing of many of the Owners of those lands For prevention of the like inconveniences for the future and for that all the lands asoresaid do now enjoy as much benefit and security by the said work as they are capable to receive thereby so that no part thereof can now properly be termed or scotted as drowned lands and for that both the present and intended works upon the said River are and tend only for preservation of all the said lands and upon consideration and debate of
any subsequent Decree there is not any mention made of any such previous Agreement which without all doubt would not have been omitted if any such had been the same being of such consequence to Posterity And now do your Lordships judge of the Animadverters confidence and groundless asserting that Agreement both in the Epistle Dedicatory and Animadversions And in Case any such Agreement had been the same extended only to Sherley Moore and then I know not why all the other lands within the limits of the Commission should not be equally scotted for their preservation according to the Custome of Romney Marsh so much urged at the late Session as caused the Jurors to alter their exhibited presentment Or if notwithstanding the said Custome the same sommer-lands in Farnhill Dombarn Wittersham and Kentchill which cannot pretend to any such Agreement being included within the Commission for the Upper Levels before the conjunction with Sherley Moor shall continue scotted at four pence per Acre and the late drowned lands at twelve pence per Acre which injoy only the benefit of preservation as the other lands do but that then the disproportion of scots between the late drowned lands tendered by the Jurors in concurrence with the Opinion of the two Lord Chief Justices touching the casualties and uncerteinties of lands ought to have been established which I submit to your Lordships judgements 3. The third matter in difference is Whether the Marsh-lands in Redhill Appledore and Stone shall be discharged from bearing any part of the charge of the said Indraught their common Outfall to the Sea which was many years since in apparent danger to be lost having thereby been restored and preserved In Answer whereunto I must first let your Lordships know That by the Law and Rule of Sewers All lands sewing into a Common Outfall which is maintained at a general Charge ought to contribute thereunto and cannot be exempted from the charge thereof in Toto if they may in Tanto That those lands have received benefit by the Works and Indraughts in Wittersham Level is demonstrated For that Walland Marsh whose waters issue into the same Channel 4 or 5 miles nearer the Sea then most of those lands and consequently had a greater fall and better Sewer have received benefit thereby and do contribute to the charge thereof which by Agreement with the Upper Levels they were not to do until such time as their Sewer was bettered by the said Works and are to contribute during the continuance thereof and not after And further the Animadverter fol. 55. hath set forth a Presentment of Jurors pretended to be made in August 1635. whereby it was presented as he alledgeth That if the sea were not speedily let into the Low-lands of Wittersham it would be prejudicial to the Sewers of all the lands that sewed into the River of Rother And I likewise desire your Lordships to observe That this supposed Presentment was at such time when Sir Walter Roberts and other Owners of the drowned lands opposed the letting of the sea into Wittersham Indraught at most of which transactions I was present and viewed the then desperate decay of the Sewer of the sommer-lands which issued their water by Thorney Sluce howbeit the late drowned lands were then perfectly drained And by the presentment of the late Jurors it appears That the preservation of the Outfall at Thorney Sluce is necessary for the well sewing of the same lands in Redhill Appledore and Stone yet they are thereby exempted from bearing any part of the charge of Wittersham Indraught whereby that Outfall is and for many yeers hath been preserved And your Lordships by perusing the Decree herein set forth may observe the fair and civil respect which the then Commissioners shewed unto the Owners of those lands A Session of Sewers holden at Sandhurst on Thursday the third day of September 1646. WHereas at the Session of Sewers holden at Tenterden the 27th day of May 1645. William Pix Gent. and others his fellow-Jurors did present That there are by estimation a 1000 Acres of high Marsh-lands lying within the limits of the said Commission which have received benefit and security by the works upon the River of Rother and have not yet been scotted thereunto They did think fit the same should be admeasured and scotted for the future ratably with the lands in Sherley Moor as sommer-lands unto all generall works upon the River of Rother And whereas at the Session of Sewers holden at Tenterden the 10th day of June 1645. it was Ordered and Decreed That William Powel Gent. should write unto Sir Edward Hales Knight and Baronet to the heirs of Sir Walter Covert to the Dean and Chapter of Christ Church Cant and George Chewte Esq or the Tenants of their lands sewing into the River of Rother or Channel of Appledore to shew cause at the next Sessions of Sewers to be holden at Tenterden on Thursday the second day of September next Why their said lands that have not paid scots to the works upon the said River of Rother should not from thenceforth be scotted and taxed thereunto proportionable to the benefit or security they have or should receive thereby and according to the before recited presentment by the Jury in that behalf made And whereas the said William Powell did send accordingly And whereas at the Sessions of Sewers holden at Tenterden the second day Of September 1645. it was alledged by Sir Cheyney Culpeper Knight on the behalf of himself and others That when the Owners of Sherley Moor and Newenden Level with others did joyn in one Commission it was then generally agreed on That the said high Marsh-lands should be exempted from all general scots towards the said works And forasmuch as the said Agreement was not then produced it was therefore Ordered and Decreed That the said parties should have time given them to produce the said agreement till the next General Sessions of Sewers to be holden at Tenterden in Whitson week And whereas at the Sessions of Sewers holden at Tenterden the 26th day of May 1646 the aforesaid Agreement was not produced but further day was desired for the same And that it was then Ordered and Decreed That further Order should be given to the said parties to produce the same or such reason as should be adjudged sufficient for exemption of the said lands until this present Sessions And whereas at this present Sessions now holden the aforesaid Agreement was not produced nor any sufficient reason shewed for exemption Upon serious and due consideration of the premises by the Commissioners now present It is now Ordered and Decreed That the aforesaid lands from henceforth be scotted and taâ—ed to the general works upon the River of Rother in such proportion as in the presentment is set forth viz. according to the proportion of Sherley Moor at four pence per Acre And that Mr. Thomas Huckstep and Stephen Curtis jointly and severally be Water-Bayliffs of the said lands to
be admeasured with a 16 foot and a half pole and charged in the Scot-book accordingly Subscribed by Tho. Peirs Tho. Bromfield Peter Farnden Samuel Curtis George Iackson Iohn Henden Iohn Fowle Iohn Austen Thomas Collins Thomas Iorden Iohn Busbridge Roger Shoyswel William Boys Natha Powel 4. The fourth matter in difference is Whether lands formerly drowned and paid equally for their recovery being recovered part of those lands are worth 25. s. per Acre other part of them but 15. s. per Acre by reason of casualties shall continue equally scotted for works of preservation only when as their respective benefits thereby are so different and disproportionate In answer whereunto I presume to let your Lordships know That by the Queries and Answers thereunto subscribed by the two Lord Chief Justices set forth in my Summary Relation fol. 23. which may be an adequate Rule in the proportioning of all scots it appears That by the Law Casualties and Incertainties of profit by the works are to be considered in the proportioning of scots upon those lands with other of better condition That there are such Casualties Incertainties and difference in values between some of the late drowned lands appeared to the late Jurors upon their View was proved unto them upon Oath will be further proved by several Testimonies when thereunto required But it being objected That by the Custome of Romney Marsh all lands good and bad pay equally for maintenance of Dymchurch Wall which is for their preservation The Jurors who had before tendered their presentment That those Casual lands should pay and be taxed at two third parts and no more which the other drowned lands of the better condition withdrew the same and after presented all the said drowned lands to be equally scotted And yet notwithstanding the said custome did present the sommer-lands to be taxed but at one third part with the late drowned lands when as all the said lands as appeareth by the same Presentment have preservation only by the said works which I refer to your Lordships consideration My Lords I shall not trouble your Lordships nor my Self with a reply to all the fallacies Errours and mistakes set forth in those Animadversions but shall only make some Observations upon two or three of them that your Lordships may the better judge of the rest First the Animadverter tells your Lordships sol 67. That all scots granted between March 1627. and September 1633. were granted according to the Decree of the 11th of March 1627. and inferrs that the same Decree was not smothered or concealed for that it was confirmed depending the Treaty with the Committees of Wittersham Level and yet with confidence affirms in several places of his Animadversions That it was not then intended that the Works and Indraught in Wittersham Level then in Treaty should be borne at an equal rate of scots according to the said Decree whereas if it had been otherwise intended that Decree of Confirmation had been vain and superfluous And your Lordships may be pleased to take notice That such Decree of Confirmation was made before the decease of Thomas Dike Esquire who signed that Decree of the 11th of March was privy and party to all the proceedings which induced the same so that it could not then be concealed But Mr. Dike dying in the year 1632. having survived Nicholas late Earl of Thanet Laurence Peirs Iohn Bromfield Esquires and several other Owners of the drowned lands who were likewise privy to those proceedings and leaving all their Heirs very young and wholly ignorant thereof The said Decree of the 11th of March was never afterwards Confirmed but so far smothered and concealed as that when those Decrees of the 5th of September 1633. the 27th of October 1637. the 4th of Iune 1639. and the 3d of Iune 1640. were signed by the Commissioners then present by which the scots were again reduced to the disproportions of twelve pence and four pence I was present also and often perused all the Records and Decrees brought to any of those Sessions yet by such perusal of them or by any debate or discourse of the Commissioners could never discover that Decree of the 11th of March or the Decree for Confirmation thereof till many years after when Sir Thomas Culpeper the Animadverters Grandfather acquainted me therewith And further the said Sir Thomas Culpeper then whom no man was more active for the Interest of the sommer-lands nor better acquainted with the transactions of those times affirmed publickly at a Session of Sewers in the presence of neer thirty Commissioners That the Owners of the sommer-lands had not then when the scots were so reduced to the former disproportions of twelve pence and four pence so much confidence of the Justice or Honour thereof as to acquaint any one Owner of the drowned lands not interessed in the sommer-lands how the business of scotting was setled in March 1627. and then demand his consent for reducing them to the former disproportions And your Lordships may be pleased to take notice of another fallacy set forth in the Epistle Dedicatory and several places of the Animadversions viz. That in the yeer 1637. by Decree of Sewers with the full and free consent of the Commissioners and Owners as well for the Interest of the sommer-lands as the drowned lands all things relating to the said Works and Rates of scotting the lands towards the charge thereof were unanimously agreed to and confirmed and the Rates of twelve pence the Acre for the drowned lands and four pence the Acre for the sommer-lands for all works in Wittersham Level and one yeerly scot of twelve pence the Acre for the Sluce and Works upon the old Channel O monstrum horrendum For were that Decree printed with the Animadversions it would therein have clearly appeared to your Lordships That neither the Sluce or Works in the old Channel are once mentioned or so much as intimated in any part of that large Decree and that those words full and free consent of the Owners c. have no relation or influence to the granting or proportioning of scots as is pretended for discharge of the Works Rents and other Charges occasioned by the said Indraught but those scots are granted and proportioned by a Decree distinct from the other Decrees and without any such Preface of full and free consent c. And Sir Thomas Culpeper who was party to and present at the making of that Decree declared as before is set forth what full and free consent was given thereunto by the Owners of the drowned lands And your Lordships may further take notice That the proportion of scotting was before that time reduced to twelve pence and four pence by Decree of Sewers made the 5th of September 1633. wherein there are not any words of full and free consent nor is it pretended by the Animadverter that there are any such And further that of nine Commissioners who signed that Decree of 1637 onely one of them and he
was wholly ignorant of the said Decree of 1627. had any Interest in the drowned lands other then such who had likewise such interest in the sommer lands as those disproportions were for their advantage That the Decree of the 5th of September 1633. was signed by ten Commissioners of whom one onely had such interest in the drowned lands as rendered those disproportions to his disadvantage That of eight Commissioners who signed the Decree of June the 4th 1639. there was not any one of them but had a benefit by those disproportions and six of them were not at all interessed in the drowned lands And that of twelve Commissioners who signed the Decree of June the 4th 1640. there were onely three that had any Interest in the drowned lands of whom Mr. Gibbon and my Self were two neither of us then having any knowledge of the Decree of March 1627. the third was the late Lord Culpeper who I beleeve was then likewise ignorant of that Decree nor can the Animadverter make it appear that he knew thereof but howsoever his Interest in the sommer-sommer-lands was such as that those disproportions redownded to his Lordships benefit Neither can I find upon perusal of the Decrees That at any Session of Sewers holden for the said Levels from 1632. till 1645. there were ever three Commissions present who had not such Interest in the sommer-lands if Owners but that those disproportions accrued to their profit the Owners of the sommer-lands had so wisely provided for their Interest at the renewing of that Commission which for your Lordships satisfaction therein will fully appear to your Lordships by perusing the Commissioners names impowred by the Commission of those times which I have hereunto annexed most of whom with their Interests and Relations are well known to your Lordships viz. Thomas Lord Coventry L. Keeper c. Philip Earl of Pemb. Mountgom c. Theophilus Earl of Suss Warden c. Edward Earl of Dorset Chamb. c. Robert Earl of Leicester Mildmay Earl of Westmorland Thomas Earl of Winchelsea John Earl of Thannet Henry Lord Abergavenay Francis Lord Deere Sir Henry Vane Knight Treasu c. Sir Joh. Finch Knight Chief Just c. Sir Edward Henden Knight one of the Barons c. Sir George Fane Knight Sir Thomas Pelham Baronet Sir John Shelley Knight and Baronet Sir John Baker Baronet Sir Henry Sedley Baronet Kn ts and Baronets Sir Rog. Twisden Sir Edward Hales Sir Walter Roberts Sir Joh. Sidley of Wroatham Sir Edw. Deering Sir Michael Livesey Baronet Sir Thomas Peirs Baronet Sir Ralph Whitfield Knight one of the Kings Serjeants at Law Sir Geo. Saadis Knight of the Bathe Sir Henry Guilford Sir Francis Barnham Sir Thomas Hendly Sir Peter Hayman Sir Alexander Culpeper of Sedgbury Sir Humphry Tufion Sir Robert Darrell Sir Thomas Parker Sir Robert Filmer Sir John Honywood Sir Thomas Culpeper Sir Thomas Springate Sir John Culpeper Sir John Hales Sir Robert Honywood Sir Anthony St. Leger Sir Robert Honywood younger Sir Cheney Culpeper Knight Sir Robert Foster Serjeant at Law The Dean of Canterbury for the time being Samuel Short Thomas Covert John Mun Robert Burnham Anthony St. Leger William Clarke Robert Wildigos Edward Chute Norton Knachbull Lawrence Ashburnham William Cage Ralph Freak John Henden William Boys Edward Partheridge Thomas Fludd John Fag John Thetcher John Alford John Argall Richard Porter Robert Moyle Nicholas Toke Henry Crisp John Theobald Nicholas St. Iohn Thomas Dike Martin Shepherd William Culpeper Thomas Godfrey William White Thankfull Frewen George Curtis Esquires Q. The Mayors of Rye Winchelsea and Tenterden for the time being Thomas Short Robert Curtis Edmund Gibbon Joseph Butcher Richard Donnton Edward Finch Shemaiah Setherst Nicholas Knight John Meers Edward Masters of Woodchurch Thomas Scot John Fowle Nathaniel Powell Richard Coberham Robert Bindlos Gentlemen Q. The Expenditor of Romney Marsh Q. The Expenditor of the five Waterings Q. The Bayliffs and Expenditor of Walland Marsh Out of which number the Animadverter fol. 44. hath selected 26 Commissioners whom he conceived but of a false conception were for the Interest of the drowned lands viz. Nicholas late E. of Thanet John Lord Tufton Sir John Shelley Sir Walter Roberts Sir John Wildegoss Sir Ralph Bosvile Sir Ale Culpeper Sir John Fowle Sir Iohn Culpeper William Shelley Robert Foster Iohn Culpeper Edward Bromfield William Boys Thomas Dike William Culpeper Ralph Bufkin Thomas Sands Richard Porter Peter Courthope William White Thankfull Frewen Edmond Gibbon Richard Downton William Muddle Ioseph Benbridge In Answer whereunto I must acquaint your Lordships That Nicholas Earl of Thanet and Thomas Dike Esquire were dead before this Commission issued which ushered in the great oppression which after fell upon the Owners of the drowned lands That Sir Ralph Bosvile and Richard Porter were wholly interessed in the sommer-lands That Sir Iohn Fowle and Sir Iohn Culpeper had such Interest in the sommer-lands as that it was for their advantage to reduce the scots unto the disproportions of twelve pence and four pence That fourteen of those 26 Commissioners had not then any lands in the said Level and may not be said to be more for the interest of the drowned lands then sommer-lands And that it cannot be made to appear that at any one time during the continuance of that Commission there appeared at any Session of Sewers more then three Commissioners of such Interest in the drowned lands as rendered those disproportions prejudicial unto them And now do your Lordships judge whether the scots were in the yeer 1633. reduced to twelve pence per Acre drowned lands and four pence per Acre sommer-lands by the full and free consent of the Owners of the drowned lands or by the Power and Influence which the Owners of the sommer-lands had in that Commission And I desire your Lordships to observe How that the Animadverter doth often affirm That the scots were reduced to those disproportions by the full and free consent of the Owners of the drowned lands and as often That it was in pursuance of the pretended previous Agreement Of which Agreement it seems the Grand-children have better knowledge then their Grandfathers had whom they pretend to be parties thereunto From whose example the present Owners of the sommer-lands have for several years past as is well known to your Lordships indeavoured to procure a Commission for the said Levels with the like advantages From what hath been declared your Lordships may Collect what full and free consent there was of the Owners of the drowned lands for alteration of the manner of scotting so solemnly setled in 1627. by Award Consent and Decree of Sewers and which continued till the yeer 1633. and by the express words and intendment of that Decree which is set down in my remonstrance fol. 26. was to be continued for all future works Which notwithstanding the Animadverter fol. 35. with great confidence affirms That the four learned Lawers who made that Award did not intend that the
at all such Parish Churches as hath heretofore been usually accustomed And if any person or persons Taxed or Scotted as aforesaid shall make default of payment of their said scots or any of them or any part of them that then he or they so making default shall forfeit and pay the doubles and wanes of their said scots according to the custome of Romney Marsh to be Levied by the several and respective Bayliffs of the Upper Levels by distress and sale of the Goods and Chattels to be taken upon the lands of him or them so scotted making default And if there be no sufficient distress to be had and taken upon the Marshes so scotted or chargeable with the payment of the said scots respectively That then the said scots shall be Levied upon the Goods and Chattels of the several persons so making default by distress and sale of their Goods and Chattels as aforesaid wheresoever there shall be sufficient distress found for the Levying thereof Item For the cleansing of the old Channel between Farnhill and Oxney Ferry and mending and arming of the walls of Stone Level and Appledore Level it is also according to the aforesaid Presentment Ordered and Decreed That there shall be one scot Levied of six pence the Acre upon all the scottable lands lying between Udiham Oak and Oxney Ferry as well those lands usually scotted to the works upon the River of Rother before the yeer 1645. as all others at any time since scotted thereunto And also upon all the lands in Appledore to the foot of the Windmil hill there and upon all the lands in the Level of Stone to be paid to Mr. William Ward at the house of Iames Nash in Newenden upon the last day of Iuly next ensuing And it is further Ordered and Decreed That notice shall be given for the payment of the said Scot at all such Parish Churches as hath heretofore been usually accustomed And if any person or persons Taxed or Scotted as aforesaid shall make default of payment of their said Scot or any part thereof That then he or they so making default shall forfeit and pay the doubles and wanes of their said Scot according to the custome of Romney Marsh to be Levied by the several and respective Bayliffs of the Upper Levels by distress and sale of the Goods and Chattels to be taken upon the lands of him or them so scotted making default And if there be no sufficient distress to be had and taken upon the Marshes so scotted or chargeable with the payment of the said Scot respectively That then the said Scot shall be Levied upon the Goods and Chattels of the several persons so making default by distress and sale of their Goods and Chattels as aforesaid wheresoever there shall be sufficient distress found for the Levying thereof Item It is Ordered and Decreed That the Expenditor of the Upper Levels shall take care of the works in Wittersham Level and make such provision of materials as shall be needful for the same Also it is Ordered and desired that Sir George Choute Knight Thomas Herlackenden and John Marten Esquires or any two of them will take the care and oversight of cleansing the old Channel between Farnhill and Oxney Ferry and mending and arming of the walls of Stone Level and Appledore lands and give direction for the doing thereof as they shall find necessary and the Expenditor is out of the Scot granted for the purpose aforesaid to satisfie and pay such summes of money as shall be by them directed to be expended for the purposes aforesaid Item It is Ordered and Decreed That there shall be a Session of Sewers holden for the Upper Levels at the sign of the star in Maidstone upon the first day of September next ensuing in case the Assize for the County of Kent be not holden before that time And in case the said Assizes be holden before the said first day of September that then there shall be a Session of Sewers holden for the said Levels at the place aforesaid the second day after the said Assizes shall begin Also it is Ordered and Decreed That there shall not be at any time hereafter any more moneys expended in the arming of the walls in Redhill Appledore and Stone then the scots arising and to be paid out of those respective Levels shall amount unto Item It is Ordered and desired That Sir Edward Hales Baronet Sir George Choute Knight Thomas Herlackenden Edward Hales John Marten Thomas Lake Iohn Horsmonden Samuel Boys and Ralph Bufkin Esquires or any three or more of them would be pleased to meet at the sign of the Kings Head in Cranbrook upon the 16th day of Iuly next ensuing and to examine and cast up the accounts of Mr. William Ward Expenditor for the Upper Levels and to certifie the same at the next Session of Sewers Edward Hales An ho. Ancher George Choute George Porter Edward Hales Iohn Horsmonden Iohn Covert Tho. Herlackenden Iohn Midleton My Lords If those Jurors had taken a view of the lands in Sherley Moor Redhill and Appledore howbeit there fell much rain about that time they would have found them to be welsewing lands and that all the sommer-lands in Sherley Moor and elsewhere other then part of Ebony Level which have fall enough into the Channel to do the same issue their waters together with the drowned lands through the Indraught in Wittersham Level and then I presume would not upon mature deliberation have found any reason why the late sommer-lands should be scotted for their preservation but at one third part with the late drowned lands unto the said Works and Indraught whereby they equally enjoy preservation the sommer-lands being of equal yeerly value with the best of the drowned lands and of much more then a considerable part of them And they might likewise then have seen That the High-lands in Sherley Moor Redhill and Appledore issue their waters between Redding Gutt and Keet Gutt one of them lying on the East the other on the West of them viz. above and belove them upon the same Channel and must have benefit of sewer as those lands have which sew their waters through Redding and Keet Gutts and contribute to the charge of the said Works and Indraught for the benefit they receive thereby and then I presume that they would not have presented That it did not appear unto them that the High-lands in Sherley Moor Redhill and Appledore issuing their waters between Redding and Keet Gutts as aforesaid received any benefit by the said Works and Indraught much less have presented upon mature deliberation that those lands ought not to be scotted unto the said Works and Indraught for that it appears unto them that they receive no benefit thereby especially when it after appears in the fourth Clause of their presentment That the maintaining of the Outfall into the old Channel is necessary for the well sewing of those High-lands And further had those Jurors been conversant or acquainted with matters of Sewers they could not upon mature deliberation have presented That for repair of the Sluce at Thorney Wall and cleansing the slub out of the Channel there that all the lands drowned lands and sommer-lands conteining about 5000 Acres and the 1000 Acres of High-lands shall be equally scotted to the Charge thereof when as it appeared unto them upon their View and is apparent to every eye upon the Place that no part of the drowned lands nor the twentieth part of the sommer-lands sew any of their waters by that Sluce or Channel and therefore by the Law and Rule of Sewers are not to be scotted thereunto or had they well understood what operations and effects Groyns and Obstructions make in a salt Channel they would not have presented That the decay of that Sluce was the cause that the slubb swerved the Channel but would have presented That the Groyns Bridges and Obstructions made in the Channel had caused the same and that it were fit to have them removed That those Groynes and Obstructions have caused the Channel to swerve hath appeared upon several Views of the Commissioners And it is further manifested by several Decrees which are hereunto annexed made by Commissioners most of them being interessed in the sommer-lands and had been removed if the limits of Walland Marsh had not been unduly inlarged to Oxney Ferry which prevented the same As your Lordships may well remember My Lords I beleeve those Jurors to be men of integrity and such as will not act contrary to their Consciences But they are men and may erre in their Judgements through miss-Conusance or miss-Information therefore I hope it may be said without offence that there are errours in their Presentments As to the Decrees which are made according to those Presentments I shall not mention them for that your Lordships may judge of them by what hath been already declared Only your Lordships may take notice That the Commissioners have not only charged all those lands for cleansing the said Channel as is presented but have further charged them towards the mending and arming the Walls in Stone and Appledore Levels which were at first made and have ever since been maintained as all the other Walls of the Upper Levels are at the particular Charge of the respective Owners My Lords I have quitted my Interest in the Levels and have taken this trouble upon me for Vindication of the Truth and to beget a right Understanding of the Matters in Difference in the Parties concerned that Peace and Unity may ensue thereupon which is the Chief aim of My Lords Your Honours obliged and humble Servant Nathaneel Powel July the 10th 1663.