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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

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several Views taken of the said Marsh-lands and the Reports thereupon made by the respective Commissioners Ordered thereunto And upon consideration of several presentments of Jurors in that behalf made And upon debate of the Petition this day exhibited by several Owners and Farmers of Marsh-lands sormerly scotted as sommer-lands It is Ordered and Decreed That all scots and taxes hereafter to be granted or taxed for the general works upon the said River of Rother and for all Indraught Rents and other general charges and payments whatsoever incident thereunto That the Marsh-lands lying above Hacksden Bridge in Dixter Fleet and in the Levels of Mensham Ewherst and Bodiham shall be scotted and taxed at one third part of the highest summe that any other lands shall be scotted or taxed at and not at any higher or greater rate That the lands lying in Appledore Redhill and Stone shall be scotted and taxed at one half part of the highest summe that any other lands shall be scotted or taxed at That the lands lying in the common Brook of Newenden and in the Level of Peening shall be scotted and taxed at two third parts of the highest summe that any other lands shall be scotted or taxed at And that all the other lands lying within the limits of the Commission aforesaid heretofore scotted to the works upon the said River shall be scotted and taxed at one full third part more then any other the lands before mentioned shall be scotted and taxed at and not at any higher or greater rate any Decree or Order heretofore made at any Session of Sewers held for the works upon the said River of Rether to the contrary thereof in any wise notwithstanding And in pursuance thereof it is now further Ordered and Decreed That one scot of eight pence the Acre for all the lands lying above Hacksden Bridge in Dixter Fleer and in the Levels of Mencham Ewherst and Bodiham of twelve pence the Acre for all the lands lying in Reabill Appledore and Stone of one shilling four pence the Acre for all the lands lying in the Commom Brook of Newenden and in the Level of Peening and of two shillings the Acre for all the other lands lying within the limits of the said Commission heretofore scotted to the works upon the said River of Rother shall be paid unto Mr John Baker at his house in Tenterden upon Tuesday the 31. day of December next and in default thereof to forfeit and pay the doubles and wanes according to the custome of Romney Marsh Thomas Culpeper Iohn Fowle Iohn Mun. Richard Bowen Thomas Dike Iohn Busbridge Nathaniel Powell Richard Kilbury And Sir Edward Hales after the alteration of the former disproportions of scots of twelve pence and four pence never alledged any such previous agreement but contrariwise in the presence of Sir Thomas Culpeper Sir Iohn Henden Iohn Austen Esquire my Self and others when we met together in London to state the matters in difference touching the proportions of scots did declare himself well satisfied with the Rates of scots then agreed upon which were after decreed and further expressed great content that the said difference was reconciled in so amicable a manner and upon such indifferent proportions as by the testimony of a witness without exception then present and yet living can be made appear The proportions of scots then agreed were put in writing viz. We whose Names are hereunto subscribed Commissioners and Owners principally Interessed in the Marsh-lands commonly called and known by the name of the Upper Levels For the final ending all differences between us concerning the proportion of scots do for our selves Consent and Agree that the lands now scotted at twelve pence the Acre be reduced unto ten pence the Acre that the lands now scotted at four pence the Acre be raised to six pence the Acre and that the lands scotted at eight pence the Acre and that the lands now scotted at six pence the Acre be continued at the same rates and that all scots which hereafter shall be granted shall be taxed according to this proportion Edward Hales Iohn Austen William Cage Edmond Gibbon Thomas Culpeper Robert Cordell Thomas Peirs Nathaniel Powell Thank Frewen The Subscribers were Owners of the greatest part of the said Levels which was afterwards Decreed accordingly and those proportions continued until the late Session at Tenterden And further This pretended previous Agreement being objected at a Session of Sewers holden at Cranbrook the 15th of Aprill 1650. Sir Thomas Culpeper who at the time of such conjunction in Commission was an active Commissioner for the Interest of the sommer-lands not then having any drowned lands and was chosen by the Owners of the sommer-lands to attend the said Referrees in 1627. and must have known of that pretended Agreement if any such had been denied that he ever knew of any such Agreement And further made several answers to that Objection which are set forth in my Summary Relation sol 27 30. which I have also inserted herein for your Lordships full satisfaction desiring your Lordships by the way to observe That howbeit the Animadverter hath borrowed that Objection and others thence he doth not in his Animadversions take notice of many of the answers there made to the same The Arguments were these 1. First they alledged That Sherley Moor and Ebonie were formerly governed by distinct Commissions from the other Levels and would never have consented to be put into one Commission and joyned in the charge of the Works with the drowned lands if it had not been first agreed at what proportion each should be Scotted viz. the Sommer-lands at four pence and the drowned lands at twelve pence the Acre To which it was answered That if by agreement they meant the opinion and consent of the Commissioners as the conditions of the Lands at that time were There is no Question it was so but if they intended that there was any agreement in the nature of a Contract between party and party that was not granted neither was there any Record or Evidence nor so much as the Preamble of a Decree to prove ir which no man will easily believe could have been omitted in a Business of such concernment if any such Agreement had been made neither is it probable to be conjectured that after those Levels were joyned in one Commission the Commissioners would have impannelled a Jury to enquire and present what Works were fit to be done and after what proportions the several Levels ought to be Scotted thereunto and have had so many meetings and spent so much time from April 1609. till October 1613 before the same was determined if it had been agreed as was alledged But admit there were any such Agreement yet by the Reference made to the four learned Lawyers aforesaid the Award by them made and confirmation thereof by Decree 11 March 1627. as is before expressed the same was absolutely made void 2. Secondly it was alledged that Sherley Moor Ebomy and the rest