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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
lord_n	earl_n	edward_n	robert_n	15,558	5	8.7612	4	false

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

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-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

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