Selected quad for the lemma: lord_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
lord_n	sir_n	thomas_n	walter_n	10,236	5	11.2571	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

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-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