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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
lord_n	john_n	thomas_n	walter_n	10,624	5	10.8396	5	false

Text snippets containing the quad

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

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.