The history of imbanking and drayning of divers fenns and marshes, both in forein parts and in this kingdom, and of the improvements thereby extracted from records, manuscripts, and other authentick testimonies / by William Dugdale.

CAP XI.

HAving now done with my observations of the most remarka∣ble Bankings and Draynings in Fo∣rein parts, which by way of Introdu∣ction, I thought fit to be taken notice of; I come to Eng∣land, that being the place of my farther designed discourse on this subject: Wherein, for my more orderly pro∣ceeding, I do purpose to begin with Kent, in respect of it's Eastern situati∣on; and in it, first, with Romney Marsh, a spacious tract in that Coun∣try, and more antiently secured from the inundations of the Ocean, than any other part of this Realm, as may seem by the Laws and Constitutions for regu∣lating it's repair, which have been long ago made the Rule and Standard, whereunto all the other Marshes and Fenns in this Nation, were to con∣form.

And in the next place to take a view of the other, heretofore, surrounded Marshes in that County, aswel adjacent to the Thames, as bordering on the Sea: And, having so done, to ascend up the stream of that fair River, on the South∣side: And then descending on the North side, to observe what I have met with, which is memorable, in reference to a∣ny Marshes that lye on either. Thence into Sussex, Somersetshire, Glouce∣stershire, Yorkshire, and Lincolnshire; and lastly to that great Levell, which ex∣tends it self no lesse than Lx. miles, and into six Counties; viz. Cambridge, Huntindon, Northampton, Norfolk, Suffolk, and Lincolnshire, wherewith I shall conclude this work.

How long since, or by whom, this fruitful and large tract, containing r 1.1 no lesse than twenty four thousand Acres, was won from the Sea, there is no testi∣mony left to us from any Record or Hi∣storian, that ever I could discover: Which defect, doth strongly argue, that the first gaining thereof was a work of the greater antiquity.

To attribute it unto the Britans (the primary Inhabitants of this Nation) or to the Saxons, who succeeded them, I dare not adventure; the first of these, being a people so rude and barbarous, as they were not verst in any Arts; and the latter so illiterate, for the most part, as that little of invention can justly be ascribed to them. That it was there∣fore a work of the Romans, whilst they were Masters here, as it is the opinion of some learned men, so do I make thereof no doubt, considering to what a height, not only in learning, but in di∣vers Arts and Sciences that people were arrived, as by sundry testimonies we plainly find. Besides, it is not only evi∣dent, from the credit of our best Histo∣rians, that their several Colonies, dis∣perst throughout this Nation, were so ex∣cellently disciplined; that, for avoiding the mischiefs, which idlenesse produces, they were alwayes exercised in some fit and necessary imployments, as those great and publick Ways s 1.2, and other stu∣pendious Works, made and raised by their skill and industry, do sufficiently shew: But by the testimony of the fa∣mous Tacitus t 1.3 (an Author of that time) who tells us, that the Britans complain∣ed,

[illustration]

[illustration]

that the Romans wore out and consu∣med their bodies, and hands, in silvis & paludibus emuniendis, i.e. in clearing the woods, and banking the Fens, if I mistake not: For the word emuniendis, must have a sence, aswell befitting paludibus as silvis; and therefore cannot pro∣perly (I presume) be otherwise constru∣ed.

'Tis true, that munire viam, is a phrase used by Cicero, for the paving a way, or making a Caus••y: And some u 1.4 are of opinion, that here, the words paludibus emuniendis, are to have the like significa∣tion, and to be construed in making Causeys over the Fens: But if it should, as I cannot well admit, it must be gran∣ted, that before any pavement or Cau∣seys could be made in such places, the water was, of necessity, first to be taken and kept off, by drayning and banking: So that, allowing that construction, what I endeavour to prove will be well enough made good; viz. that the bankings and draynings, both here and in some other parts of this Realm, which were, before that time, overflowed by Sea-tides, was a work of the Romans; as when I come to Holland in Lincolnshire, and Marsh∣land in Norfolk, I purpose more fully to demonstrate.

And therefore, forasmuch as the Ro∣mans, when they were here in Britain, did something in this kind, as I shall make more evident in my discourse of Holland and Marshland, before specifi∣ed, from undoubted testimonies; I can∣not but conclude, that this Marsh was a part thereof; in regard, that not long after their desertion of this Country, I find mention of it, and that it was then inhabited. For in the year of Christ DCCXCvi. it is thus said w 1.5 of Ceolf King of Mercia; viz. that Cantiam vastavit, & provinciam quae dicitur Mers••wari; which (no doubt) is meant this Rom∣ney Marsh: For the learned Cambden, in his Britannia, speaking of it, saith, that in the Saxons time, the Inhabitants thereof were called 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, id est, viri palustres, Marshmen; which accor∣deth fitly with the nature of this place.

There are who suppose, that the name of it, viz. Romeney, doth declare suf∣ficiently, that it was, at first, won from the Sea by the Romans: But x 1.6 Mr. Lambert saith, that it was, in the Saxons time, written Rumen-ea, id est the large watry place; and since that R••menale, and Ro∣menale, corruptly. Consonant to which expression of his, I find, that the River, pas••••ng through this Marsh, was antient∣ly called Rumen ea: For so it appeareth by that grant y 1.7 of Pleigmund the Arch∣bishop, made to Christs-Church in Can∣terbury, about the year of Christ, DCCCC. in these words—Concedo Ec∣clesiae Christi, terram quae vocatur Wefing merse, juxta flumen quod vocatur Rumen ea.

Having now, by these circumstantial testimonies shewed, that the Romans were they, that by their skill and expe∣rience in such works of Banking and Drayning, did first gain this rich and large tract of ground, from the impetu∣tuous Sea-tides; I shall now descend to those Statutes and Ordinances, which the care and wisdome of succeeding a∣ges did make, for the preservation and defence thereof, from being again drowned and destroyed, by the violent over-flowings of the Oce∣an.

That the Common Laws of Eng∣land, whereof we find no original, were z 1.8 at first certain Constitutions made by some of the antient Kings and Rulers of this Nation, there is none (I pre∣sume) that doubteth, though there be no other authority for to back them, than long usage and custome. The like therefore (I suppose) were the Statutes and Ordinances for the conservation of this Marsh: For albeit we are yet to learn, when and by whom they were first framed and composed, it is evident from the testimony of unquestionable Records, that above four hundred years since, they were called antiquas & ap∣probatas consuetudines, i.e. antient and approved Customes: For * 1.9 in 35 H. 3. the King, directing his Writ to the Sheriff of Kent, and thereby declaring b 1.10, that Complaint having been made to him, on the behalf of the xxiiii Jurats, made choice of for the conservation of the Marsh and Sea-Banks of R••menale; im∣porting, that whereas in pursuance of their antient and approved Customes, they had distrained those, who ought of right to repair those Banks, according to the proportion of their Tenements, for the

safeguard and defence of all the Coun∣try against the Sea: And that he the said Shireeve had made Replevin of the same distresses; commanded him, that in case he had so done, he should return them back to the said Guardians, and permit those Jurats to use their Customes and Liberties, for the defence of themselves and others against the Sea, as they ought and had wont to do, lest farther complaint should be made thereof, and that by him any peril might come to the said K. & Kingdome; because (as the same Mandate expresseth) they are ready to exhibit Justice to every Complainant, according to their Customes to that time obtained and used; and likewise to a∣bide the Law, as they ought and had wont to do, if they had in any thing trans∣gressed against those usual Customes. By which precept he was moreover forbid∣den to make any future replevin, by virtue of whatsoever Writ from the said King: quia necessitas defensionis talis inopinata, si venerit (saith the Record) legi communi vel justitiae subesse non poterit. i.e. because the unforeseen necessity of such defence, in case it should happen, cannot be subject to the Common Law, or Iu∣stice.

Nay, so tender was the said King, for the preservation and security of this famous and fruitful Marsh, that, the next year following, by his Letters Pa••tents, bearing date at S. Edmunds••ury,c 1.11 the second of September, directed like∣wise to the Shireeve of Kent, making this recital; viz. that because xxiiij law∣ful men, of the Marsh of Rumenale, ele∣cted and sworn for that purpose, time out of mind, ought to make distresses upon all those, which have lands in the said Marsh, for the repairing of the Banks and Water-courses thereof, a∣gainst the violence and danger of the Sea: and upon all others which are obliged and bound to the repair of the said Banks and Water-courses; he gran∣ted to those xxiiij that for the security of the said Marsh, they should make those-distresses, so that they were done equally, according to the proportion more or lesse, which each man had therein, and according as some of them were obliged and bound: And there∣fore commanded the said Shireeve, that for avoiding of perill, he should neither by himself nor his Bayliffs, meddle with the distresses so made by the appoint∣ment of the said xxiiij Jurats. Farther signifying, that whosoever should make complaint to him upon consideration of the said distresses, he would do him Ju∣stice in his own Court, and reserve that Justice to himself, or his own special Mandate.

But after this, viz. in the 41 H. 3. it being represented d 1.12 to the said King, by certain of his loyal Subjects; that whereas, time beyond memory, judge∣ments ought to be made, by xxiiij law∣ful men of the Marsh of Romenalle, to that purpose chosen and sworn, for the distraining of all those which had lands in the said Marsh, to the repair of the Banks aud Water-courses of the same, against the force of the Sea, and peril of inundation by other waters; as also of all those, who were otherwise obli∣ged or bound to those repairs, he the said King, by his special Precept e 1.13, bear∣ing date at Mertone the xvi ^th of April, directed to Henry de Bathe (a famous Ju∣stice Itinerant of that time) reciting his Letters Patents next above mentio∣ned; with the power thereby given to the said xxiiij Jurats, touching the taking of distresses, as aforesaid; and signifying, that the said xxiiij Jurats, having had op∣position and resistance by certain persons of the said Marsh, who were obliged to the repair of those Banks and Water∣gangs, according to the quantity of the lands, which they had therein, were not able to make the before-specified distres∣ses: Whereupon the said Banks and Water-gangs, being not repaired, the inundations from the Sea and other wa∣ters overflowed this Marsh, to the ine∣stimable damage of the said King and the Inhabitants thereof. Being there∣fore desirous to provide for his own Profit and Indempnity, and the men of the said Marsh, he constituted the said Henry de Bathe, his Justice, to hear and determine the controversies touching those repairs, risen betwixt the said Ju∣rats and the Marsh-men, who were so obliged to the same repairs, according to the quantity of their Lands and Te∣nements lying therein, and according to what some men were otherwise bound or obliged; commanding him, that at a certain day and place, to be by him ap∣pointed,

he should be in those parts, to hear and determine the said controver∣sies, and to provide for the security and defence of the said Marsh, as aforesaid. And moreover to signifie in writing, di∣stinctly and plainly, unto him the said King, what he had done therein, that the same might be inrolled. And direct∣ed, likewise, his Mandate to the Shireeve of Kent, that at a certain day and place to be assigned by the said Henry, he should cause such and so many honest and lawful men, of this Bayliwick, to come before him; by which persons the said differences might be the more fitly determined, and provision for se∣curity of the said Marsh the better made. And that the said Shireeve should per∣sonally assist and attend the said Henry therein, as he the said Henry, on the said King's behalf should enjoyn him.

By authority of which Precept, the said Henry de Bathe, with his associates; viz. Nicholas de Hanlou, and Alured de Dene, sate f 1.14 at Romenhale upon the Satur∣day after the Feast of the Nativity of the Blessed Virgin, in the said xlii year of King Henry the third, before specified; to which place the said Shireeve of Kent, his assistant, by virtue likewise of the said Writ, then brought thither so many and such lawful men of his Bayliwick, as aforesaid, by whom these differen∣ces might be determined, and provision for the safety of the said Marsh the bet∣ter made. And the said Henry, at the request of the Councel of the Com∣monality of the said Marsh, then and there likewise being, and none of the Marsh-men gain-saying it, made and constituted these following Ordinan∣ces; viz.

[ 1] That twelve lawful men should be made choice of,* 1.15 by the Commonality of the said Marsh; viz. six of the Fee of the Archbi∣shop of Canterbury, and six of the Baro∣ny; who, being sworn, should measure both the new Banks and the old, and those other, which ought to be new made; the measure to be, by one and the same perch scil. of xx foot. And that afterwards the said Iurats should likewise, according to the same perch, measure by Acres all the Lands and Tene∣ments, which were subject to danger, within the said Marsh. And all the said mea∣sure being so made, that then xxiiii men, first elected by the Commonality, and sworn, having respect to the quantity of the Banks of those Lands, which lay subject to peril, upon their oaths to appoint out every man his share and portion of the same Banks, which should so belong to him, to be made and sustained; so that according to the pro∣portion of the Acres subject to danger, there should be assigned to every man his share of perches; and that the said assignation should be made by certain limits, so that it might be known where, and by what places, and how much each man should be obliged to maintain.

And that when necessity should happen, by [ 2] occasion whereof it might be requisite to withstand or resist the danger and violence of the Sea, in repairing of the before spe∣cified Banks, that the said xxiiii Iurats should meet together, and view the places of danger, and consider to whom the de••ence of the same should be assigned, and within what time to be repaired.

And that the common Bayliff of the said [ 3] Marsh, should give notice to those, unto whose defence the said places should be as∣signed, that they should defend and repair them, within the time assigned by the said xxiiii Iurats: And if they neglected so to do, that then the said common Bayliff should, at his own chardge, make good the said re∣pairs, by the oversight of the xxiiii Iurats: And that afterwards, the party so neglect∣ing should be obliged to render to the said Bayliff, double the chardge so laid out by him about those repairs: Which double to be reserved for the benefit of the said Banks, and the repair of them: And that the par∣ty so neglecting should be distrained for the same, by his lands situate within the said Marsh.

Moreover, in case any parcel of land [ 4] should be held in common by partners, so that a certain place could not be assigned to each partner for his own proportion; viz. a whole or half perch, in respect of the small quanti∣ty of the Land; that then it should be or∣dained by the oaths of the xxiiii Iurats, and viewed what proportion of the said land so held in common he might be able to defend; and thereupon a certain portion so to be de∣fended by the said partners, in common, to be assigned to them. And if any of the said partners should neglect to defend his porti∣on, after admonition given to them by the Bayliff, the said portion of the party so neg∣lecting to be assigned to the other partners,

who ought to make the like defence: Which partners to hold the portion of the party so neglecting, in their hands, untill he should pay his proportion of the costs laid out about the same defence, by the oversight of the xxiiii Iurats; and also double towards the Com∣modities of the said Banks, and the repair of them, as aforesaid.

[ 5] And that if all the partners should happen to be negligent in the premisses, then that the common Bayliff before mentioned, should make good the whole defence, at his own pro∣per costs, and afterwards distrain all those partners, in double the chardges so by him ex∣pended in the said defence, by view of the xxiiii Iurats, as aforesaid: Saving to the chief Lords in the said Marsh, the right which they have against their Tenants, touch∣ing this defence, according to their Feoff∣ments.

[ 6] And (lastly) that all the lands in the said Marsh be kept and maintained against the violence of the Sea, and the floods of the fresh waters, with Banks and Sewers, by the Oath and consideration of xxiiii Iurats, at the least, for their preservation, as anti∣ently had been accustomed.

About this time I find g 1.16, that the K. had advertisement, that his Haven of Rumenale was in great danger of de∣struction, to the no little damage of the publick, and excessive annoyance of the Town of Rumenale, unlesse the course of the River of Newendene, whereup∣on the said Haven was founded, being then diverted by the overflowings of the Sea, were reduced to the said Port: And that he was informed by an Inqui∣sition, made by Nicholas de Handlon, whom he had sent into those parts, to provide and ordain in what sort the said stream might be again brought to the same Haven, by it's antient Cha∣nel, or a new one to be made; that it could not be so reduced, nor the said Haven preserved for the common bene∣fit of the said Port and Town, except certain obstructions, which were in the old course of that River, were remo∣ved; and that a new Chanel were made, neer to the same old course; viz. from a certain Crosse, belonging to the Hos∣pital of infirm people at Rumenale (standing by Aghenepend) unto Effe∣tone; and from Effetone to the house of William le Byll, and so to Melepend; and thence descending unto the said Port; so that a Sluse be made under the Town of Apeltre, for reception of the Salt-water entring into the said River, by the inundation of the Sea, from the parts of Winchelsea, and for retaining thereof in it's passage and recourse to the Sea; to the intent that the same water might come together with the fresh wa∣ter of that River, by the antient course, into the before specified new course; and so by that passage directly to descend and fall into the said Haven. And that another Sluse should be made at Sner∣ega••e, and a third neer to the said Port, where that water might descend into the Sea, for restraint only of the Sea-tide on that part, that it enter not into the said course, but reserving the antient and oblique course from the said Crosse to the before specified Ha∣ven.

The King therefore providently de∣siring the common profit and safe-guard of the said Port, by his Precept h 1.17 dated at Oxford the xxi ^th of Iune, comman∣ded the said Nicholas, that he should re∣pair in his proper person, upon a certain day assigned, unto those parts; together with the Shireeve of Kent, unto whom the said King had thereupon sent his Writ; and by the Oaths of xxiiii aswel Knights as other free and lawful men of the neighbourhood, by whom the truth might be the better known, to make estimation how much of other mens lands would be necessary to be taken for the making of the said new Chanel and Sluses; and what those lands were worth by the year; and to make spee∣dy assignation to the Tenants of those lands, to the value of the same lands or more, out of the lands or mony of the Barons and honest men of the said Port: as also to remove the said obstructions in the old Chanel; and to make the said new Chanel and Sluses, in the lands of whomsoever it should be requisite, for the common benefit and advantage of the said Port and Town of Rumenale, as aforesaid. And the said Shireeve of Kent was likewise commanded, that he should diligently assist and attend the before specified Nicholas, in this busi∣nesse; and to cause the said xxiiii Knights and others of the neighbourhood, as a∣foresaid, to be before the said Nicholas, at the same day and place.

But notwithstanding those Ordinan∣ces, so made by the said Henry de Bathe, for the defence and preservation of this Marsh, and taking distresses for that purpose: And also, notwithstanding the former Precepts from the King to the Shireeve of Kent. forbidding him to intermeddle at all with any more di∣stresses so taken (as I have at large alrea∣dy shewed) it appears, that the Shireeve did again make Replevin of some di∣stresses, taken by virtue of those Ordi∣nances: For in 43 H. 3. I find i 1.18, that the King issued out another Writ to the said Shireeve, bearing date the xx ^th of April, requiting him to return back those distresses, to the end that no more com∣plaint might be made against him upon that occasion, for which he might farther incurr the said King's displea∣sure.

k 1.19To give instance of all the particular persons, who opposed these Ordinan∣ces, it would be too tedious, could I ex∣actly do it, I shall therefore here take notice of one only sute in this case, which was commenced by one Godfrey le Fau∣••oner, against Hamon Pitte, Iohn Cobbe, and others, for taking ten Cows by way of distresse, upon his the said Godfrey's Mannour of Hurst, for his disobedi∣ence to the said Ordinances. To which action the said Hamon and his Fellow-de∣fendants pleaded, that the said Godfrey enjoyed certain possessions, lying in Romney Marsh; in which Marsh, all that hold any lands, ought, according to the quantity of their Tenements, to make the Banks and Water-courses, against the Sea and other inundation of water: And that the xxiiii men o•• that Marsh, chosen and sworn by the commonality thereof, ought to make distresses in the same, upon all the Land∣holders, according to the quantity of their Tenements, whensoever the Banks and Water-courses thereof should stand in need of repair. Which said Jurats (as the custome was) because they could not attend it themselves, made choice of the said Hamon to take those distres∣ses, and constituted him their Bayliff so to do:* 1.20 And that they have this liberty by the antient Custome of the said Marsh, and by the Kings Charter, which they then produced.

Whereupon they say, that, by teason of the said Godfrey's default, that di∣stresse taken for repair of those Banks and Watergangs was justly made: Of which, there were assigned by the said Jurats, three perch and a half at the least, for his proportion in the Bank of Apuldre, to be repaired at his costs; and according to the overflowing of the waters, more, if need should be, in di∣vers places: And whether they might not have taken a greater distresse upon him, they appeal to the Coun∣try.

They say neverthelesse also, that they took upon one A. B. a Fermour to the said Godfrey, ten Steers and ten Lambs, belonging to I. N. Tenant also to the said Godfrey, by reason of his default in repairing the said Banks and Water∣gangs; for which they afterwards made satisfaction, and had their Cattel again. And being questioned for how much he took the first distresse, and for how much the second; he said, that the first default of the said Godfrey was estimated at four Marks; and the second at xlviii ^s.

And the said Godfrey alleged, that he held those Tenements in the Marsh aforesaid, by the grant of Henry some∣time King of England, Grand-father to King Henry then being: And that the same King Henry gave them to William the Son of Balderic, ancestor of the said Godfrey, whose heir he is. And that by this grant, both his Ancestors and himself after them, alwayes held their Tenements in the said Marsh, as freely and quietly as the said Baldric first held them. And he farther said, that this custome for the repair of those Banks and Watergangs, was never required, neither of his said Ancestors, nor him∣self, till about five years then last past; that the said Hamon was made Bayliff for the custody of the same Banks and Watergangs; nor that they ever made them at any time; and produced the Charter of the said King Henry (the se∣cond:) And moreover said, that his An∣cestors held those Tenements by that ••eoffment, so freely that they never did any repair to the said Banks not Water∣gangs: And that neither he, after he possessed the same lands, nor his Ance∣stors were ever distrained, till within these five or six years last passed, that the

said Hamon and others took his Cattel. And forasmuch as they knew who they were that made those distresses, for that defect in repairing the said Banks and Water-gangs, which neither he nor his ancestors made, nor were us'd to make; he required judgement of their recognition.

Whereunto the said Hamon and the rest replyed, that in former time there was a difference betwixt the Tenants in the said Marsh, touching the repair of the before-specified Banks and Water-gangs: Upon which there grew a sute in the Country before the Shireeve; wherein the said xxiiii Jurats; deeming themselves wronged, came to the King's Court and complained to the Shireeve; alleging this Plea did not pertain to the Shireeve, to hold: It was therefore de∣termined by the King's Counsel, that the Kings Justices should be sent thither, to ordain and dispose of those differen∣ces, according to Justice; and, according∣ly, Henry de Bathe being sent, all the Te∣nants of the said Marsh had summons of xl dayes, as in the Iter of the Justices. And the said Henry, upon his view of those Banks and VVater-gangs, by the consent & good liking of the whole com∣monality of the said Marsh, then ordain∣ed; that the Arch-bishops, Bishops, Abbots, Priors, Earls, Barons, and all the tenāts in the said Marsh, should cōtribute to the repair of those Banks & Water-gangs, according to the quantity of their tenements. VVhereupon, as the said God∣frey desired to be defended by the said Banks & water-gangs, the said Hamon re∣quired, that he the said Godfrey should contribute to those repairs, as it was or∣dained in the presence of the said Ju∣stice: And that there was such an Ordi∣nance, as aforesaid, he referred himself to the Record, in the Rolls of the said Henry de Bathe.

And also the said Hamon further al∣leged, that of necessity the said God∣frey ought to contribute to the said Banks, &c. Because, that if his land should not be defended by them, it would be wholly drowned & made salt. But to this the said Godfrey answered, that though that Ordinance was so made by the said Henry, yet he the said God∣frey never gave his consent thereto; and that he was neither summoned, nor cal∣led to come before him at the making thereof. And moreover said, that nei∣ther before the same Ordinance, so made; nor after, either he or his Ance∣stors ever so contributed; but alwayes held their land quietly without any ex∣action at all, according to the Tenor of the before-specified King Henry's Charter (Grandfather to the then King Henry) untill two years before, that the before-specified Hamon and others, took his Cattel: Whereupon he required judgement, whether the same Ordinance ought to prejudice him in that behalf.

Howbeit, the said Hamon, and others replyed, that he had the common sum∣mons of xl dayes, in such sort as the whole Commonality of the said Marsh had, whereof he ought not to be igno∣rant; And thereupon said, that though the said Godfrey would not come, as he ought to have done, with his neighbours, he ought not therefore to be free from payment of the before-specified con∣tribution for repair of those Banks; because it conduced to the common profit of all the Tenants in the same Marsh; that aswell his lands, as the lands of the other Tenants, be defended by the said Banks and Water-gangs; whereupon he required judgement. And he also said, that after the said Ordinance, the said Godfrey and his Te∣nants gave one Mark towards the repair of the said Banks and Water-gangs, be∣fore he the said Hamon was Bayliff: And that this he was ready to justifie.

To which the said Godfrey answered, that he held himself to the before-spe∣cified Charter of King Henry; And to the liberty, which he and his Ancestors had used, against which no Ordinance, made by the said Henry de Bathe, could or ought to do him harm: And stood upon it, that neither himself, nor any by him, had given ought, either before the said Ordinance so made, or after∣wards; and that this he was ready to justifie.

After which, on the morrow after the feast of S. Martin, in the xlii of H. 3, came the said Godfrey, Hamon, and o∣thers: And the Shireeve had command, that he should bring xii, aswell Knights, as others, having no lands in the said Marsh, on the morrow three weeks af∣ter Easter, by whom the truth might be the better discovered; to enquire, whe∣ther

the said Godfrey and his Ancestors, after they had their land of Hurst, of the gift and grant of the before-mentio∣ned King Henry, had wont to repair the said Banks and Water-gangs, together with others that had lands in the said Marsh, and to contribute with them for their repair, when need should re∣quire. Whereupon the said Godfrey, by a certain Ordinance, in which he ac∣knowledged before the said Henry de Bathe, whom the King had sent to that end, that though he gave a Mark to the repair of the said Banks and Water-gangs, before the said Hamon was Bay∣liff of the said Marsh, as they the said Hamon and Iohn did affirm; yet he ap••pealed, whether himself or his Ance∣stors, were not quit of the said repairs, and payments thereto by the Charter of King Henry, Grand-father to the then King, forasmuch as he did not consent to the said Ordinance, nor ever gave any thing to the repair of those Banks and Water-gangs, as he affirmed.

But the Shireeve, not making his Pre∣cept, as above-said, was amerc'd, and a∣nother VVrit directed to him, to sum∣mon the said xij men, to appear, &c. the morrow after the Feast of the Holy Trinity: At which time the said Godfrey, Hamon and others, came, and required that judgement should be done, accor∣ding to the Record and processe upon the before-specified Plea. VVhereup∣on the Plea was recited before the King and his Council: And because it was found, according to that Record, that the King had sent Henry de Bathe, his Justice thereunto assigned, unto the said Marsh of Romenale; who determin∣ed, that all they that had lands in the said Marsh, ought to contribute accor∣ding to the proportion of their Tene∣ments, for the repair of the said Banks and VVater-gangs thereof, as the said Hamon and others did allege; and to which contribution he the said Godfrey said he was not obliged: And that as yet nothing did appear to the King's Court here, of the said Ordinance or Determination, without which of right, there could be no proceeding to Judge∣ment, a farther day was given; viz. un∣til the xv ^me of S. Michael, that in the mean time, the Rolls of the said Henry de Bathe might be lookt into; And that the Plea thus depending, no distresse should be farther made upon the said Godfrey.

At which time, viz. in the xv ^me of S. Michael in xliij ^o H. 3. the said God∣frey came, and withdrew his processe a∣gainst the said Hamon and others; there∣fore, being amerc'd he consented for himself and his Heirs, that for the future they would repair the said Banks and Water-gangs, together with their neigh∣bours, according to the quantity of their land,* 1.21 as it was the Custome of the Coun∣try, without any contest, or contradicti∣on, for ever.

And that the said Hamon granted and became obliged, for himself and the rest, that he would make a due accomp••, before the xxiiij Jurats, chosen by the Country, touching the distresses and Ca∣tals of the said Godfrey, taken from the time of the beginning of the sute, until that present: And deducing so much as should be sufficient to satisfie the said re∣pairs, according to the proportion be∣longing to the said Godfrey, to repay the surplusage of the mony, for the Catals of him the said Godfrey so sold. And the said Godfrey agreed, that if the said Hamon, by his accompt could make it manifest, that the value of the Catals so distrained by him, for the cause premi∣sed, would not suffice for his portion, in repair of the said Banks and Water-gangs, according to the quantity of his Land, he the said Godfrey would make satisfaction to him of the whole arre∣rage, from the beginning of the sute, till that present time, according to the view and estimation of the be∣fore mentioned xxiiij Jurats of the Country.

The next thing memorable touching this Marsh, is, that King Edw. the first, by his Letters l 1.22 Patents, bearing date at Westminster, the xx ^th of Novem. in the xvi ^th year of his reign, granteda commis∣siō to Iohn de Lovetot, & Hen. de Apuldre∣feld, to view the Banks and Ditches upon the Sea-coast and parts adjacent within the County of Kent, in divers places then broken, through the violence of the Sea; and to enquire by whose default this damage had hapned: And, together with the Bayliffs of Liberties, and others in those parts, to distrain all those, which held any Lands and Tene∣ments

there, and had or might have de∣fence and preservation, in any sort, by the said Banks and Ditches, according to the quantity of their said Lands and Tenements, either by the number of Acres, or by Carucates, for the pro∣portion of what they held, for the ne∣cessary repair of those Banks and Ditch∣es, as often and where there should be need; so that no man, of what conditi∣on, state, or dignity whatsoever, who had safeguard in any sort by those Walls or Ditches, whether it were within Liberties or without, should have favour therein: Commanding also the said Iohn any Henry, to behave themselves so faithfully and discreetly, in the exe∣cution of this businesse, that aswel the men residing in those parts, as their lands, should be safe against the like dangers, and perhaps worse; no custome favour∣ably introduced, notwithstanding. And that of their transaction in this imploy∣m••nt, they should distinctly and plain∣ly certifie the said King, under their Seales, and the Seals of the Jurats, aswel Knights as other honest and lawful men. Commanding, moreover, his Shireeve of Kent, to cause so many and such per∣sons of his Bayliwick, to appear before the said Iohn and Henry, at certain days and places, whereof he should give them notice, by whom the truth in the premisses might be the better enqui∣red into and known.

By virtue of which Mandate, the said Shireeve was required to summon the xxiiij Jurats of the Marsh of Rumen∣ale, and all the Lords of the Banks of the same Marsh; as also such and so many honest and lawful men, of all the maritime lands in his Bayliwick, by whom the truth in the premisses might be the better enquired into and known; and to do farther in the p••emisses, as it should be decreed. Who came accor∣dingly. And the said xxiiij Jurats of the Marsh before named, together with the Commonality of the said Marsh, said; that King Henry, Father of the then King, did by his Charter grant to them certain Liberties, in his own Lands, within the said Marsh: And they there∣fore required that those their Liberties might be preserved: As also that no∣thing might be attempted, or de••reed in prejudice of their said Liberties, and produced the same Charter of the said K. Henry.

And they likewise said, that K. Henry, father to the then King, in the xlii year of his reign, by reason of a certain con∣troversie, arisen betwixt divers men of this Marsh, occasioned for the repair of the Banks and Water-gangs therein, sent Henry de Bathe, his Justice, into those parts, to hear and determine the dif∣ferences in that businesse, betwixt the xxiiij Jurats and the same Marshmen; and to provide for the defense and secu∣rity thereof, and against the peril of inundation by other waters, in causing the Banks and Water-gangs to be re∣paired, by those who were obliged there∣to, for the lands which they held there∣in, according to the proportion thereof. Whereupon they said, that the said Hen∣ry de Bathe, by authority of the same King Henry's Mandate, ordained and de∣creed for them a certain Law and Ordi∣nance, by which this Marsh was to that time kept and preserved; and therefore desired, that they might, for the future, be guided and defended by that Ordi∣nance and Law, as they had wont to be till that present time:* 1.23 And thereupon produced the said Ordinance of him the said Henry, under the King's Seal.

And because the said Ordinance seemed [ 1] consonant to equity,* 1.24 and had been to that time approved, command was given, and it was decreed, that the same should be in all things observed, without diminution: Ad∣ding neverthelesse, that in regard there was no mention therein of the election of the King's common Bayliff in the said Marsh,* 1.25 how and by whom be ought to be chosen, it was determined, that for the future, upon the decease of the said common Bayliff, or his quitting the Office, another to be chosen, who should reside and have lands in this Marsh: And that the said election should thenceforth be, by the common assent of the Lords of the Towns Lying therein, or by their Atturnies; and as the Major part should determine, to submit to that election, because till that time the usage had been so.

And touching that double of the costs, [ 2] imposed for repairing the defaults, to be le∣vyed upon those, through whose neglect they had hapned; it was decreed that the same double should be levyed in such sort, as by

the former Ordinance had been appointed; and imployed to the common profit of this Marsh, and not to the b••hoof of the said Bay∣liff.

[ 3] And forasmuch as there were divers Banks and Water-gangs in the said Marsh, to the maintenance of which, the commonali∣ty thereof did not contribute, except only they whose lands lay contiguous to the said Banks and Water-gangs: And tha•• some, through the oppression of the Lords of the said Marsh, did sometime pay as much for the repair and maintenance of those Banks and Water-gangs, for fourty Acres, as others did for fifty, which was much against the law of the Marsh, and the Ordinance of the said Henry de B••the: It was therefore decreed and ordained, that notwithstanding and Custome, by whomsoever introduced; all and singular persons, who had lands there∣in, which were subject to the danger of the Sea, and had preservation by the same Banks and Water-gangs,* 1.26 should thenceforth be distreined for the reparation and mainte∣nance of them; so that every man might contribute equally, according to the number of Acres, which they had therein; and that no person, be he of whatsoever state or con∣dition, that had preservation and defence thereby, should be favoured.

[ 4] And because before that time, in this Marsh of Romenale, beyond the course of the water of the Port, running from Suer∣gate, towards Romenhale, on the West part of the same Port, till it come to the County of Su••sex, there had not been any certain Law of the Marsh, ordained nor used, otherwise than at the will of those that had lands in the same; insomuch as divers dangers and intolerable losses hapned by the Seas inund••tion: To the end therefore, that the like perils might for the future, be pre∣vented, and the common benefit provided for, it was agreed and jointly ordained; that in the said Marsh, beyond the before-specified Port,* 1.27 towards Sussex, there should be Iurats establisht, chosen by the Common∣ality, who being sworn to that purpose, for the security of those parts, having respect to the number of Acres, lying subject to that danger, and to the proportion of the Banks & Watergangs, to be repaired & sustained there; should, upon their Oaths consider and ordain how much might be necessary for such repair & sustentation; so that, according to the por∣tion of their Acres, and value of them, there might be assigned in the said Banks and Water-gangs, an equal portion of perches, to be maintained, as it is more fully contained in the Ordinance of the said Henry de Bathe.

And moreover, forasmuch as till that [ 5] time,* 1.28 there had been no common Bayliff con∣stituted in those parts, beyond the before-specified Port, towards Sussex, who ought, for the publick benefit, take care, and provide against the perils there hapning, and to prevent the like for the future; it was or∣dained, that thenceforth there should one common Bayliff be made choice of, in the said Marshes, beyond that course of the water toward Sussex, for overseeing, keeping, and repairing of the said Banks and Water-gangs, in such places and bounds of the said whole Marsh, as should seem most ex∣pedient to all the whole Commonality: As also to summon together unto places necessa∣ry•• the Iurats of the said Marsh, as often as need should require, for the making of Ordinances and Laws, for preservation of the lands in those parts; causing distresses to that purpose to be made, and levying a double proportion upon such as should make default, according to the tenour of the Ordi∣nance made by the sai•• Henry de Bathe. Provided, that at the election of the said Bayliff, when ever it might happen to be, the Lords of the Towns in the said Marsh, beyond the said course of the water, towards Su••••ex, should be summoned and called, if they would be present thereat; as also the Iurats and whole Commonality of that Marsh.

And it was likewise ordained, that for [ 6] the future the King's said common Bayliff in the Marsh of Romenale,* 1.29 should be the Supervisor of the before-mentioned Bayliffs and Iurats in this Marsh, beyond the course of the water towards Sussex; and that he should summon together, to fit places, all the Iurats chosen on both sides the said course of that water, when need required, to make their Ordinances and Laws for preservation of the said Marshes; so that alwayes, on both parts of that Water-course, they should abide by the Ordinances and considerations of the said Iurats, as to the prejudice or more safe∣guard of any mans land; notwithstanding any custome whatsoever: Saving alwayes the tenour of the King's Charter, granted to the Commonality of Romney Marsh, and the Ordinance of Henry de Bathe, ever to remain in full power and strength.

Not long after this, there hapned certain differences, be••wixt the Master of the Hospital, called God's house, in Dover,m 1.30 and certain of his Tenants, within the Mannours of Hunychilde, and Estbrigge, in Romenale marsh, touch∣ing some Banks and Water-gangs, upon the Sea coast; which the said Master al∣ledged, that his said Tenants, for the anti∣ent demesnes belonging to him in those Mannours, as often as need required, should at their proper costs repair and maintain, against the violence of the Sea, and inundations of the Fresh wa∣ters: For the hearing and determining of which controversies, according to the Law and Custome of the said Marsh, Iohn de Lovet, Robert de Septvaus, Ma∣ster Thomas de Gudinton, and Henry de Appletrefeld, were by the King assigned. Whereupon, the parties so at diffe∣rence, weighing all circumstances touch∣ing the same, put themselves upon the Inquisition of the Country: But the taking thereof, in regard that the said Master refused, that any persons, resi∣ding in the said Marsh, should be ad∣mitted thereof; and the said Tenants, not being content with any Foreiners, was delaid, to the great damage of those parts, as by complaint the King was in∣formed: To put, therefore, a speedy end to the businesse, the said King, by his Letters Patents, dated at Tydeswell xxiiij Sept. constituted Stephan de Pen∣cestre, then Constable of Dover-Castle, Henry de Appletrefeld, and Bertram de Tancrey, his Justices, for to make farther enquiry thereof: But what was done therein, I have not seen.

About four years afterwards, the said King Edward the first, taking great care for the defence and preservation of this Marsh; by his Letters patents, bearing date at Westminster,n 1.31 xx April, in the xviij ^th year of his reign, wherein he hath this observable expression — viz. quod cum nos, ratione dignitatis regiae, & per juramentum astricti sumus, ad providendum salvationi Regni nostri circumqua{que}, i. e. in respect of his royal dignity, and that he was obliged by Oath to provide for the safeguard of his Kingdome round about; assigned H. de Apeldrefeld, and Bertram de Tancrey, to oversee the Banks and Ditches upon the Sea coasts and parts adjacent, in the County of Kent; which by reason of the roughnesse of the Sea, were in many places broken; and to enquire through whose default that damage had hapned: As also of all those that held lands and tenements in those parts, and had or might have safeguard and defence any manner of way, by the said Banks and Ditches; and to distrain them for the quantity of their said Lands, or number of Acres, or Carucates, according to the portion that they held; together with the Bayliffs of Liberties, and others of those parts, for the repair of the said Banks and Ditches, in necessary places, as often and where there should be need; so that no Land-holder, rich or poor, of what estate, dignity or conditi∣on soever he was, in case he had defence and preservation any manner of way, by the same Banks of Ditches, were he within Liberties or without, should have favour in any kind.

Commanding them, moreover, that in the execution of that businesse they should behave themselves with such fide∣lity and discretion; that aswell the In∣habitants of those places, as their lands, might be preserved from the like perils, and casually worse; any Custome, through favour, by whomsoever it had been introduced, notwithstanding. And what they should do and ordain there∣in, to certifie the said King thereof, un∣der their Seals, and the Seals of xxiiij aswell Knights as other honest and law∣ful men, distinctly and plainly. And for their better accomplishment of that businesse, directed his Precept to the Shireeve of Kent; appointing him, that at certain dayes and places, of which he was to give them notice, he should cause to come, before the same King's Justices, such and so many honest and lawful men of his Bayliwick, by whom the truth in the premisses, might be the better known and enquired into.

By virtue also of which Mandate, the said Shireeve had command to bring be∣fore the said Justices at that time, the xxiiij Jurats of Romene Marsh, and all the Lords of the Towns therein; and such and so many honest and law∣ful men, of all of the maritime parts in his Bayliwick, by whom the truth in the premisses might likewise be the better known, and enquired of; and to do far∣ther

what should be ordained in the pre∣misses.

Which Commissioners came accor∣dingly, as also the said xxiiij Jurats, to∣gether with the Commonality of this Marsh; and alleged, that K. Henry (the Father of the said King Edward) by his Charter granted to them certain Liber∣ties in their Lands within the same Marsh; and required, that those their Liberties might be preserved; and no∣thing accepted or ordained in prejudice of them; producing the Charter of the said King Henry, in which was re∣corded the Ordinance of Henry de Bathe. And, farther, declared their approbati∣on of the said Ordinance, with the ad∣ditions thereto, in such manner and form, as they had before done in the xvi ^th year of this King's reign, before Iohn de Lovetot and the said Henry de A∣peldrefeld, then the Kings Justices, as I have at large already shewed; whereun∣to, for avoiding repetition, I refer my Reader. Adding moreover, by com∣mon agreement, to those wholsome Ordinances, these ensuing Constituti∣ons; viz.

• * 1.321. That through all other maritime places in the said County, lyable to the danger of the Sea, the River of Thames, or any other water, wherein the Marsh Law had not formerly been established and used; and that divers perils through defect of Banks and Water-gangs, had there hapned: Lest therefore, for the future, the like or worse might accrue. 2. That in every Hundred and Town, aswell by the Sea coast, as borde∣ring on the Thames and other waters, in which the Marsh lands are subject to in∣undation, there be chosen and sworn xij or six lawful men, according to the largeness of the Hundreds or Towns, & who have lands in danger of the Sea, the Thames, & other wa∣ters: Which men to be assigned keepers of the Banks and Water-gangs, in the Hundreds & Towns aforesaid, who upon their Oath shall keep safe the said•• Banks and Water-gangs; and when and as often as need requireth, re∣pair them: As also shall, in respect of the raging of the Sea, raise the said Banks high∣er, by four foot, at the least, than formerly they were, and make them of thickness answe∣rable to that height.
• 3. For the reparation of which Banks and Water-gangs (when need shall so require) the charge to be raised in manner following; viz. That all and singular persons, having lands lyable to the danger, whether situate neer or far off, forasmuch as they have pre∣servation by those Banks and Water-gangs; they shall contribute for the quantity of their Lands and Tenements, either by number of Acres or Carucates, according to the pro∣portion of what they hold; so that to no Te∣nant of these Lands or Tenements, be he rich or poor; or of what order, state, dignity, or condition soever, either within Liberties or without, any favour shall be shewed in this matter.
• 4. That in every place, for the levying of the said costs and chardges; and faith∣fully laying it out upon the said Banks and Water-gangs, two lawful persons, out of the said sworn men to be assigned; who, together with the Bayliffs of the Liberties, or Lords of the Fee, shall make distresses for the same.
• 5. And when the before-specified Banks, shall be, according to the Ordinance of the Iurats, so repaired at the common chardges; that there shall be assigned to every man, his peculiar portion of the Bank, by certain pla∣ces and bounds, to be sustained at his own proper costs, according to the quantity of his Tenement and number of Acres subject to that danger; so that it may ••e known where, and by what places, and to what por∣tion every man is so obliged to make de∣fence.
• 6. And if any shall be negligent in pay∣ing their portions of the said contribution, at the day appointed by the Iurats for that purpose; or in his portion for repair of the Banks, that he be distrained by his goods and Catalls, wheresoever they should be found, within Liberties or without, till he have con∣tributed his share, and paid his chardge of the said Banks, with double costs: Which double to be reserved for the common benefit of the like repairs in those parts.
• 7. And that those distresses shall be made by the Collectors of the said costs, toge∣ther with the Bayliffs of the Liberties, or Lords of the Fee: And, being so made, to ••e kept for the space of three dayes at the most; if they, upon whom they shall be made, be stubborn or negligent for so longtime, and then forthwith sold, in respect of the perillous rage of the Sea, immi∣nent.
• 8. And if aswell the Collectors, as Tenants, shall be found negligent in performing the premisses; that then every Lord of the

• ... Fee, within the compasse of his Fee, shall cause the said Banks and Water-gangs to be repaired, at his own proper chardge; and the costs that he shall be at therein, together with the double thereof, he shall cause to be levyed upon the goods and Catalls of those that are negligent, for his own use.
• 9. And that no Shireeve of Kent, for the time being, or his Bayliff or Officer shall take any distresse, touching the Banks and Water-gangs in any Marshes; nor thence∣forth meddle at all; neither with the distres∣ses, taken by the Lords of the Fees, Bayliffs of Liberties, or Collectors of the costs or contributions to the said Banks and Water-gangs; nor distrain them by Writ of Reple∣vin; nor deliver them by surety, or pledge any manner of way.
• 10. And it was also ordained and con∣cluded; that if the Iurats, so chosen for the custody of the Banks and Water-gangs; whether they shall be of this Marsh of Ro∣menale, or of other maritime Lands, do refuse to come at the Summons of their Bay∣liffs, for the necessary repair of the said Banks and Water-gangs; they shall, for that their negligence, be punished by their Bay∣liffs, as in this Marsh of Romen∣hale, they had been heretofore accustomed.
• 11. And that the Collectors also of the costs, bestowed in repair and support of the Banks and Water-gangs, after the said re∣pairs are perfected, shall forthwith make their accompt, before the Iurats and Bayliff of that Country, aswell within the Marsh of Romenhale, as without, of all monies as∣sessed and levyed for the before-specified repairs; as also for the double, whensoever it may fortune to be levyed: And if they shall not so do, then to be distrained by the Bayliffs of the Country or place, to make ac∣compt thereupon: Saving alwayes to the chief Lords of the Fees, their right which they have, and hitherto had wont to have, touching the defence of their Lands, accor∣ding to their feoffments; & of levying the double, according to antient custome used, as it is contained in the Ordinace of the said Henry de Bathe.* 1.33

In testimony whereof, Sir Walter de Ripple, and Sir William de Haute, Knights; Adam Wastechar, William Waste••har, Wil∣liam le Ros, Guy de Trulegh, Iohn Amfrey, Peter de Maryns, Thomas le Reade, Thomas Elys, Hugh de Suthlonde, Richard Ion, William Collol, Henry de Bettesangre, Ior∣dan Collol, Iohn atte Ware, Hamon atte Porte, Iohn Sprott, Iacob de Pastre, Iohn de Mossederme, Henry Kenet, Thomas le Frensse, Henry Woodman, and Willi∣am de Mereworth did put to their Seals.

That the Ordinance of the said Henry de Bathe, for preserving this Marsh; as it was in no mean esteem, we see, by all those of the Country, whom it imme∣diately concerned; so had it a high re∣gard with the succeeding Kings of this Realm, as by their Confirmations there∣of (of which I shall in due place take notice) will appear. The first of which Confirmations was made by King Ed∣ward the second, whose Charter o 1.34, for that purpose, beareth date at Westmin∣ster the xxiij ^th of November, 7 E. 2. In which he first makes mention of his Grand-father K. Henry the 3^ds Patent in 36^o of his reign; whereby he decla∣reth his Royal pleasure, that no Shireeve of Kent shall intermeddle with such di∣stresses as should be taken for the repair of the Banks and Water-gangs of this Marsh. And next in that of 42^o which expresseth the occasion of his sending Hen. de Bathe, his Justice, into those parts; and at large reciteth the said Ordinance thereupon then made by the said Henry. And then concludeth thus; Nos attendentes, quod impetus maris in parti∣bus illis, plus solito jam accrevit, &c. i. e. We therefore, taking into considerati∣on, that the violence of the Sea in those parts, is grown greater than it had wont to be; by reason whereof it's necessary that a more diligent regard should be had, for the reparation of the said Banks; Forasmuch as by a breach in them, though but small, should it happen (as God forbid) an inestimable and inrecoverable losse must needs accrue to us and the men of the said Marsh. Purposing therefore to make prevention of such dam∣age and peril, and to provide for the safe∣guard of those parts, aswell for our own bene∣fit, as the commodity of the said Marsh-men (as we are obliged to do) we do, for us and our heirs, as much as in us lyes, ratifie and confirm all and singular the things in the said Letters Patents of our said Grand-father, and the before-specified Ordinance contain∣ed: Willing and commanding, that no Shi∣reeve of Kent, or any of his Bayliffs, for the time being, shall of himself at all inter∣meddle with such distresses, as are or shall

be made by the direction of the said xxiiij Iurats: But that such Iustice, as is to be executed thereupon, shall be reserved to us and our heirs, or to our special Mandate, as it is before expressed in that Patent of our said Grand-father.

Which King, continuing his mindful∣nesse thereof, by his Letters p 1.35 Patents, bearing date at York, 24^o Augusti, in the tenth year of his reign, appointed Robert de Kendale; Iohn Malemeyns, de Hoo; and William de Cotes (Gentlemen then of special note in this Country) to oversee the Sea-banks in this Marsh, situate be∣twixt Apeldre and Romenale. And in the 17^o of his reign, by the like Patent q 1.36 dated at Westminster xx ^o Maii, con∣stituted Edmund de Passele, Iohn de Ifeld, and Robert de Sardone, his Commissio∣ners for the like view of the Banks in sundry parts of the said Marsh.

The next year following, there having been a complaint made to the King, that by reason of a certain Trench, made be∣twixt Apuldre and the Port of Romen∣hale, very many discommodities and losses dayly befell the Country adjacent: Whereupon he assigned r 1.37 the before-specified Edmund and Iohn, together with William de Cotes, to enquire by the Oaths of honest and lawful men of these parts, by whom the truth in the premisses might be the better discovered, who they were that made that Trench, and when and for what cause; as also how, and in what manner: And moreover, what discommodity & damage had hap∣ned by means thereof, and to whom, and in what sort. But being afterwards ad∣vertised, that there was so great a dissen∣tion risen, betwixt his Barons of the Cin{que} Ports, and the Commonality of Romenale Marsh, by reason there∣of, that both sides were preparing to fight it out, if there should be any farther proceeding in that Inquisition; which, as it would occasion much terror to the people thereabouts, so might it not a little hinder that warlike expedition, which the said King then intended. Con∣sidering therefore the need that at pre∣sent he had, of the service of his faith∣ful Subjects, aswell by Land as by Sea; and being desirous to his utmost pow∣er, to provide for their unity and peace, by his special Precept s 1.38, bearing date at Guldeford 6^o Aug. he commanded the before-specified Edmund, Iohn and Wil∣liam, for the causes above expressed, to supersede the taking of that intended In∣quisition, until they should receive his farther commands therein. Which stop in that businesse lasted not long: For at the beginning of the next February, the King granted out a new Commission t 1.39 to them, for to proceed forthwith there∣in.

In the same year, it seems that the Banks in this Marsh, betwixt Tyd and Dengemareys were broke; for in the moneth of Iune ensuing, I find, that the said King issued out his Commissi∣on u 1.40 to Henry de Shardon, Thomas de ••eversham, and William de Roberts brigge, for the viewing and repairing of them.

That greater care and regard could be, than appears by what I have already in∣stanced, to have been taken, in the regu∣lation of all things, tending to the safe∣guard of this Marsh, cannot (I presume) be well imagined: Neverthelesse, such is the pravity of some ill-disposed men, who chiefly mind their particular gain, though it be by cheating the publick; that were it not for a strict watch over them, all good order would be subver∣ted, and little else but cousenage, if not rapine practised, instead thereof, as we shall find by the doings of some, who were imployed with the levying and col∣lection of moneys, to the repair of the Banks and Water-gangs of this Marsh: Who, most unconscionably, and against the trust reposed in them, made use of those Sums, so gathered, to their own private uses; insomuch as complaint thereof was made to the King in 5 E. 3. Who thereupon gave commission w 1.41 to William de Clinton, Raphe Sauvage, and Thomas de Feversham, to enquire into the particulars thereof.

Which King, out of the like tender respect to the preservation of this Marsh,* 1.42 as his Father and other his Ancestors had, by his Leters * 1.43 Patents, bearing date at Westminster 28^o of Novem. in the seventh year of his Reign, wherein he recited that famous Ordinance, made by Henry de Bathe (of which I have so often made mention) added his Royal Confirmation thereof. And after∣wards, at sundry times, as occasion re∣quired, granted his Commission to seve∣ral

persons of quality in the said County of Kent, for the overseeing the said Banks and Water-gangs, and tak∣ing care for their necessary repair, as by the enroulments of them appeareth; viz. in April 13 E. 3. y 1.44 to Thomas de Brock∣hill, William de Orals••on, Robert de Sh••rden, and Geffrey de Basham, for those Banks, &c. upon the Sea-coast in the Marsh of Lude, neer Romenhale. And in Octob. following, to z 1.45 the same Tho∣mas, Geffrey, and Iames de Echyngham, touching those which lay betwixt the Town of Romne, and a certain place called Longerake; and betwixt the Church of Lyde and the Sea, within the Town of Lyde.

In Iune, 18^o E. 3. to a 1.46 the same Thomas de Brokhull, Iohn de Erde, Thomas de Re∣thelin, and William Alleyn of Broke∣land, for those in Romenhale Marsh.

In March 21^o E. 3. to b 1.47 the same Tho∣mas, and Thomas de Gillingham, Stephan Donet, and Stephan de Horsham, for the same Banks.

In April 22^o E. 3. to c 1.48 Iames de Ech∣ingham, Thomas de Broxhill, and the rest last mentioned, the like. So also in d 1.49 Iuly following, to William de Broclond, Stephan de Horsham, Richard de Morton, and Wil∣liam Waschare.

But notwithstanding that wholsome Ordinance, so often mentioned, and the several confirmations thereof; I find, that Simon Islip Archbishop of Canter∣bury, with other Land-holders within this Marsh of Romene, made a grievous complaint e 1.50 to the King in 33 E. 3. that whereas all those their lands lay borde∣ring to the Sea coast; and without the continual support of the Banks, Gutters, Ditches, and other Mounds, aswel for excluding the Sea, as for the voiding out of the fresh waters, there made, they could not by any means be defended and preserved. Farther shewing; that for the safeguard thereof, it was in the time of King Henry, sometime King of Eng∣land (Ancestor to the said King Edward the 3^d) ordained by Henry de Bathe, and his Fellows, Justices of the said King, for that purpose; that whosoever being Tenant and resident within the precinct, whom the greater part of the Lords of the Towns therein situate, should choose, ought to be the Bayliff to levy the Taxes, assessed for reparat••on and maintenance of the said Banks, as in the said Ordinance more fully may appear. And, that though in pursuance of those Ordinances, one Iohn atte Lose, a Te∣nant and resident within the said Marsh, had been elected and deputed to the Of∣fice of the said Bayliff, for levying of the said Taxes, by the Lords of this Marsh, in form aforesaid: Neverthe∣lesse one Matthew at More, and other his Complices, having confederated themselves together by false contrivance, to constitute another Bayliff there, in favour to his friends, and to lay load un∣justly upon others, contrary to the be∣fore-specified Ordinance; did so terrifie the said Iohn, by grievous threats, and otherwise hinder him, that he neither would or durst take upon him that Of∣fice, according to the said Ordinance; So that by reason of the said Bayliffs de∣fault, all the before-specified Marsh, being dayly lyable to be overflown, was in danger to be destroyed, without spee∣dy remedy were had.

The said King therefore, taking this complaint into mature consideration; for prevention of that imminent mis∣chief, granted his Royal Commission f 1.51, bearing date at Westminster, 17^o Febr. in the same thirty fifth year of his reign, to Thomas de Lodelowe, Robert Belknap, and Thomas Colepepir; appointing them, or any three or two of them, aswell to oversee the said Banks, Gutters, &c. and cause them to be repaired, as to take a view of the said Ordinances: And in case they should find them any way defective,* 1.52 as to the defence of the said Marsh against those inundations, then to correct and amend them; and, if need were, to make a new Ordinance, to direct how the same Marsh might be better defended and preserved against the said waters, upon any chance that should thenceforth happen: And to decree certain strict punishments against all such as should transgresse the said Ordinances so to be made by them the said Thomas, Robert, and Thomas, or any two of them.* 1.53 And moreover, to cause Proclamation to be made, all about in those parts, for the perpetual observance of them: And likewise to do all other things for the safeguard and defence of the said Marsh, in exclusion and evacu∣ation

of those waters, as should be ne∣cessary and fit. And lastly to enquire by the Oaths of honest and lawful men of that Country, of all the confedera∣cies and practices before specified; as also of such trespasses and contempts, as had been made against the said King, by the before-mentioned Matthew and his Complices.

By virtue of which Precept g 1.54, the said Thomas, Robert, and Thomas, being met at Crowethorne, the Monday next after the Feast of the Translation of S. Thomas the martyr,* 1.55 in the year above∣said•• by the consent of the Lords of the Towns, the Bayliff, xxiiij Jurats, and Commonality of the said Marsh; viz. by Iohn Franceis, Attorney to Simon Archbishop of Canterbury•• the Ab∣bot of S. Augustines in Canterbury; the Prior of Christs-Church in Canter∣bury; Simon, Master of Gods-House in Dovor; Edmund Staplegate Lord of Nether-Bilsyngton; and other Lords to this purpose specially elected, with certain also of the Commonality; scil. William de Echyngham, Stephan de Valeyns, &c. chosen likewise for the said Commonality, did ordain h 1.56 and ap∣point, 1. that the common Bayliff of the said Marsh,* 1.57 who hath lands and residence there∣in, should be elected by the publick consent of the Lords of the Towns of the same Marsh, or their special Attornies: And where the greater number consenteth, the c••oice to stand: Which election to be made at Demecher∣che or Newecherche,* 1.58 or some other fit place, within the compasse of the said Marsh, in the xv^me of S. Michael, yearly; upon summons of the before-specified Bayliff; ex∣cept upon necessity and reasonable cause, the said Bayliff ought to be removed, with∣in that year, and another put in his place.

* 1.592. And if the person so elected, shall be pre∣sent, and refuse to undergo the said Of∣fice, that he be forthwith amerc'd in xl ^s. to be levyed by the succeeding Bayliff, upon his Goods and Catals, for the common benefit of the said Marsh: And so forthwith a new choice to be made of another Bayliff, who will undergo the Office, and take his Oath, and receive for his Fee the double of all the money assessed upon any whomsoever,* 1.60 for their negligence. And if the person so e∣lected, shall be hereafter hindered by any man, so that he dare not undergo the Office, that then the parties so hindering him, to be severally punished by the said Electors, in such sort as the said Bayliff should have been punished, if he had refused to take his Oath, and to bear the same Of∣fice.

3. And if i•• happen,* 1.61 that he that shall so be chosen, be absent at the time of election, all his Goods and Catals to be forthwith distrained, by the preceding Bayliff of the Marsh, and impounded in fit and wanted places; and there detained until he shall repair to the Arch-bishop of Canterbury, Abbot of S. Augustines, and Prior of Christs-Church, for the time being, or to one of them; and admit of the said Office and take his Oath; and thereupon carry to the preceding Bayliff his Letters sealed: And this he shall do within six dayes next after the election made; and if he do not, then to be punish∣ed as aforesaid, and a new election to be pre∣sently made.

4. At which principal Last,* 1.62 if the said common Collectors of all the former gene∣ral Taxes, will be present, they shall make their accompt to the Bayliff, xxiiij Iurats and Commonalty of the said Marsh: Which accompt to be written by Indentures, made betwixt them and the Bayliff, xxiiij Iurats and Commonalty of the said Marsh. And after the same manner shall the Bayliff make his accompt of those things, which belong to him to reckon for.

And if any of the xxiiij Iurats,* 1.63 do make default in the said principal Last, except he have a reasonable excuse, he shall be amerc'd in xii^d to be levyed by the Bayliff, to the use of the Commonal∣ty.

5. And if it happen,* 1.64 that any of the xxiiij Iurats do depart within the year, or ought to be removed, that then another be made choice of in his place, and put in the said principal Last, by the Lords of the Fees, Bayliff, xxiiij Iurats and Commonalty, of the most faithful, discreet and wealthy men of the said Marsh, to the number of xxiiij compleat.

6. In like sort it shall be done touching the Collectors and Expenditors,* 1.65 so that they be not chosen out of the said xxiiij Iurats, if the said Lords will be there. And if the said xxiiij Iurats, Collectors or Expenditors, shall be chosen and will not take his Oath, he shall be amerc'd in xx^s. to be levyed as aforesaid; and forthwith another cho∣sen in his place, and receive the chardge.

7. And if the before-specified xxiiij Iurats, shall be summoned wheresoever, within the precinct of the said Marsh, to the common or several Last,* 1.66 where no more than eight or ten, at the most, do come; by reason where∣of there can be no Iudgement and Decree made for the safeguard of the said Marsh, considering the absence of the greater num∣ber; that then every absent person shall be ••merced by the Bayliff in vi^d to be levyed as aforesaid; whereof the said Bayliff shall make accompt in the principal Last.

* 1.678. Also every one of the xxiiij Iurats shall swear, that he will, together with his fel∣lows, ••ustly make all Iudgements and Decrees, not favouring rich or poor, either in making distresses, or in what concerns the Banks, Land-eas, Water-gangs, Sewers, Ditches, and Gutters; or the removing of Bridges and other impediments whatsoever, within the precinct of the said Marsh, and punish∣ing of Trespassers. And that they be ob∣servant to the Bayliff of the said Marsh,* 1.68 for the valuing and selling of the distresses, ta∣ken and impounded for three dayes or more in the places accustomed. And that they cause all the Iudgements and Decrees, by them made, to be enrolled, and thereof an Indenture to be made betwixt them and the men of the said Marsh, for the time be∣ing.

* 1.699. Likewise the Collectors and Expenditors, chosen as aforesaid, shall swear, that they will faithfully levy, collect, disburse and make accompt of all the Taxes and Assess∣ments, made by the Lords, Bayliff, and xxiiij Iurats, or the greater part of them. And the same course shall be observed in all the Water-gangs, within the precinct of the said Marsh, and before every of the Lords of the Towns, if they will be present there∣at.

* 1.7010. Also the Bayliff shall swear, that he will make faithful execution of the Iudge∣ments and Decrees of the before-specified xxiiij Iurats; and of those things, which do pertain to them, to judge and determine of•• As also, that in his proper person, he will chardge upon all the Collectors and Expendi∣tors, by Oath, that they shall faithfully levy, collect, disburse and accompt for, aswel all general Taxes, as several Water-gangs so assessed, as abovesaid. And that he will, in person, take view of all the Banks, Land∣eas, Water-gangs, Sewers, Gutters, and Bridges, when need shall require; at least twice in the year; viz. once in the month of January, and afterwards in the moneth of June. And that he will deliver unto his successor, all the evidences, which he hath in his custody; aswell the Charters of the Kings of England, concerning the Liber∣ties and Customes of the said Marsh; as the Roules of Iudgements, Decrees and Awards, made by the said xxiiij Iurats•• with every processe of accompts of the Collectors and Expenditors, whatsoever, done in their times. And the Clerk of the said Bayliff,* 1.71 shall have for his Fee, from the Commonality of the said Marsh, vi^s. viij^d.

11. Moreover, it shall not be lawfull for any man, thenceforth, to make any Dams or Fords,* 1.72 or other impediments, in any Land-eas, Wa∣ter-gangs, Ditches, or common Water-courses in the said Marsh, whereby the right course of the waters, may in any sort be hindred. And if they shall so do, and testimony given thereof, by the Baylik, and six of the Iurats, or the Commonality of the Water-course, where such danger shall be made; he shall be forthwith amerc'd, according to the pro∣portion of his offence, by the said Bayliff and xxiiij Iurats; which amercement to be likewise forthwith levyed, to the common be∣nefit, as aforesaid. And neverthelesse, if any other, than the Commonality, shall re∣ceive damage by that means, and that proof be made thereof, by the testimony of the Bay∣liff and six Iurats, satisfaction shall be made to him for the same.

12. Likewise they did ordain and appoint,* 1.73 that every Tax assessed in the said Marsh, should be proclaimed in certain publick pla∣ces; and a day of payment thereupon assign∣ed: And this Proclamation to be so made, that no man might plead ignorance, as to the time and place he ought to pay it at.

13. And they did farther ordain and decree,* 1.74 that every Acre, for the Banks, in Ditches, and Water-gangs, be bought for xl^s. and that it shall not be lawful for any man, to draw a∣way any workmen, being in the publick work, for his own private imployment; nor to take them to any other place,* 1.75 till that work be per∣fected: And if any man shall be found faul∣ty therein, by the testimony of the Bayliff, or Iurats, in the common Last, he shall be a∣merc'd in x^s. to be forthwith levyed by the said Bayliff, to the common benefit, as above∣said.

14. Also they ordained and decreed,* 1.76 that all the Water-••ourses within the said Mash,

by whatsoever Lands and Tenements,* 1.77 in each Chanel be so kept, that the water shall not run out of it's right course, to the damage of any man; upon penalty of the value thereof, to be levyed by the said Bayliff, for the behoof of the Commonalty, when any shall be found guilty thereof, in the com∣mon Last, by the testimony of the Bayliff and six Iurats.

* 1.7815. And because, of antient time, it was ap∣pointed by the King, that all the maritime Lands, from the Isle of Thanet, unto Pe∣venese, aswell in the County of Kent, as County of Sussex, should be governed by the Laws, Ordinances, Statutes and Customes of the said Marsh of Romene; it shall be lawful to the said Bayliff and xxiiij Iu∣rats, to require and have his reasonable chardges, of those which shall have a mind to bring them to the places (be they Lords, or of the Commonalty) where they ought to make their Ordinance, according to the maritime Law, aswell in the Banks as Water-gangs, Gutters, Sewers, and Fishings; and o∣ther things whatsoever touching that Law.

* 1.7916. And Lastly they ordained and decreed, that if any person should make a rescue from the Bayliff of the Marsh, or his Officers, of any distresse whatsoever, taken by any of them, by virtue of the before-specified Arti∣cles, or any Ordinance made, or to be made, for the benefit of the said Marsh; and there∣of to be found guilty by the testimony of the said Bayliff, and six or eight of the said xxiiij Iurats; or of the Water-course, where the distresse shall fortune to be taken, he shall be amerc'd in xl^s. to be levyed to the Bayliff, for the use of the Commonalty, as aforesaid. And in the same manner it shall be done in those places, where the ma∣ritime Law is used, within the Isle of Tha∣net and Pevenese, whether in Kent, or Suffex.

After this, I have not met with any thing else, of this Marsh, worthy the observation, untill the 43^o E. 3. that the before-mentioned Thomas de Lodelowe; as also Robert Belknap, Iohn Woodhall, Ro∣ger Dygge, William Topclive, and William Horne were constituted i 1.80 Commissioners for oversight of the Banks and Ditches therein. Nor from that time till 48 E. 3. that William Latymere, Constable of Do∣vor Castle, and Warden of the Cinque Ports, Thomas Reynes, then his Lieute∣nant, Roger Dygge, and some others, were assigned k 1.81 by the King, to view the Banks, Water-courses &c. thereof, ly∣ing betwixt the Towns of Hethe and Newendon. By which Commission they had power to imprest so many Carpenters and other Labourers,* 1.82 as they should deem necessary for the accom∣plishment of the work in hand, where∣soever they could be found, within the County of Kent.

To King Edward the 3^d succeeded Ri∣chard the 2^d, in the first year of whose reign, it appears that Richard de Horne, Stephan Wettenham, Iohn Franceys, and Ha∣mon Wodeman, were put in Commission, l 1.83 for to supervise the Banks in this Marsh, from the Town of Hethe, all a∣long the Sea-coast unto Apuldre; as also in other Marshes within this County; viz. from the Haven of Romney, to Promhill Church; and thence by the Sea coast to Apuldre before mentioned; they being at that time in decay, in sun∣dry places thereof. Which King (viz. Richard the 2^d) out of his special care also for the safeguard of this Marsh, having viewed the Charter of his Royal Ancestor King Edward the first; where∣in aswell that of King Henry the 3^d (whereof I have taken notice in it's due place) as that memorable Ordinance of Henry de Bathe (likewise before repeat∣ed) are recited; did not only make Con∣firmation of them both; but farther, out of his Princely favour, by the assent of his Councel, at the request of the In∣habitants of the said Marsh, granted m 1.84 for himself and his heirs, to the Bayliff and xxiiij Jurats, which then were, and that thenceforth should be; that they, as also their heirs and successors, should for ever have this Liberty; viz. they and every of them, to be exempt from serving at any Assizes, on Juries, Inqui∣sitions, or Recognitions, aswell within this County of Kent, as out of it; ex∣cepting in what should relate to the said King, or his heirs. And that they, nor a∣ny of them should be Shireeve, Eschae∣tor, Bayliff, Collector of Tenths or Fif∣teens, or of any other Subsidy, Chardge, Tax, or Tallage, to be granted to him the said King, or his heirs; or any other Officer or Minister to him or his heirs a∣foresaid, against their own good will, during the time that they or any of them

should be in the said Office of Bayliff, or one of the Jurats aforesaid. And the reason of this his Royal grant, for such immunity, he there declareth; viz. that by their absence, the whole Marsh (as he had been informed) might be over∣flown in a very short time; and so, ut∣terly lost and destroyed, to the infinite peril and damage of all his liege people in those parts.

In like manner, and with the like reci∣tals, at large, did King n 1.85 Henry the 4^th and King o 1.86 Henry the sixth confirm the said Charter of King Henry the 3^d, and the so often mentioned Laws and Ordi∣nances of Henry de Bathe, concerning this Marsh: Adding the like Liberties and Privileges, as King Richard the se∣cond by his Charter, last before observed, did.

Which said Laws, with all others relating to this Marsh, as also the Cu∣stomes thereof, were grown at length so famous; that the said King Henry the sixth in the 6^th year of his reign, by p 1.87 the advice and assent of the Lords spiri∣tual and temporal, and at the special instance of the Commons of this Realm, then assembled in his Parliament holden at Westminster, having considered the great damage and losses, which had often hapned, by the excessive rising of waters in divers parts of the Realm; and that much greater was like to ensue, if remedy were not hastily provided: And thereupon ordaining and granting, that for ten years ••••••n next ensuing, several Commissio••s of Sewers should be made to diver•• persons by the Chancellor of Eng••and, for the time to come, in all pa••ts of this his Realm, where should be needful (the form of which Commissi∣on is there recited) amongst other things gave unto the said Commissioners speci∣al power and direction, by that Act, to make aud ordain necessary and convenable Statutes and Ordinances, for the salvation and conservation of the Sea-Banks and Marshes, and the parts adjoyning, according to the Laws and Customes of (this) Romney Marsh.

And after the expiration of the said ten years, by Act q 1.88 of Parliament in 18 of his reign, continued the same form of Commissions. So also in r 1.89 23. The like did s 1.90 K. Edw. the 4^th in 12^o of his reign, and K. Henry the 7^th in t 1.91 4^o of his.

And now having thus manifested, how great a care and regard the successive Kings of this Realm, had, for divers ages, of this famous Marsh; I will cloze up what I have farther to say thereof, with that notable Charter of King Edward the 4^th bearing date at Westminster 23^o Febr. in the first year of his reign; whereby he incorporated the Bayliff, and Jurats thereof; the tenor whereof is as followeth; viz. That whereas he the said King, held himself obliged to take care of the defence of this his Realm, and his loyal Subjects thereof, from what place soever; especially those who lay neerest to the first assaults, and attempts of his Enemies. And consi∣dering, that many Towns and places, si∣tuate neer the Sea, had been laid waste by the spoils and burnings of the said Enemies; and through the affrights of the Inhabitants, who thereupon forsook them, left unhabitable and desolate: Thinking it therefore most necessary, to repair the said Towns and places, or to new build others neer unto them; and being so built to endow and arm them with Liberties and Privileges; that being so fortified, they may, by the peoples recourse to them, be made more powerful and strong, for the better safe∣guard of the whole Country. And considering that in this Marsh of Rome∣ney in the County of Kent, which is situate neer to the Sea, there was not at that time such a plenty of people and inhabitants, as were wont to be: But were it better defended, there would a much greater confluence resort thereto, and dwell therein, for the more safe∣guard of the whole Country, as he the said King had been informed from the credible relation of the Inhabitants of the said Marsh, and other parts adja∣cent.

Taking therefore the premisses into consideration; of his special grace and favour, at the instant request of all the Commonalty and Inhabitants within the said Marsh, as also for the preser∣vation thereof, and more security of the adjacent Towns, he gave and granted to the said Inhabitants residing within the limits and bounds thereof, that they should be one body in substance and name, and one Commonalty perpetu∣ally incorporate of one Bayliff and xxiiij

Jurats, and the Commonalty of the said Romeney Marsh in the County of Kent, for ever. And that the said Bayliff, Jurats, and Commonalty shall have a continual succession, and they and their successors for ever cal∣led, termed and named by the name of the Bayliff, Jurats and Commonalty of Romeney Marsh in the County of Kent. And that they and their successors shall be persons proper and capable in Law to purchase Lands and Tenements, and other Possessions whatsoever, to themselves and their successors, to enjoy i•• Fee and perpe∣tuity. And that that they shall have a common Seal for their affairs and bu∣sinesses, relating to them the said Bay∣liff, Jurats, and Commonalty, and their successors: And shall plead and be impleaded, answer and be answered, by the name of the Bayliff, Jurats and Commonalty of Romeney Marsh, in the County of Kent, in every of the said King's Courts, and the Courts of his Heirs and Successors; and in all o∣ther Courts and places whatsoever. Which said Bayliff and Jurats, to be elected in like manner and form; as also exercise their Offices, and be displaced from them, as heretofore it was wont and accustomed to be in the said Marsh.

And moreover, that the said Bayliff, Jurats and Commonalty, and their Successors shall have a certain Court before them the said Bayliff and Jurats of the said Marsh, for the time being, at some certain convenient place within the same, to be held from three weeks to three weeks for ever. And have full power and authority, to hear and deter∣mine in the said Court, by Bills of com¦plaint therein; all and singular Pleas of Debts, Accompts, Covenants, Con∣tracts, Trespasses, by force and Arms, or otherwise in contempt of the said King, or his Heirs; with many other Liberties and Privileges, of which for brevity I omit the rehearsal; referring my Reader to the Record * 1.92 it self, if he de∣sire to be farther informed therein.

And likewise the said King, for him∣self and his Heirs, then granted to the said Bayliff, Jurats and Commonalty, and their successors, that they shall from time to time have power to make reaso∣able Ordinances and Constitutions of good credit, and consonant to reason, for the common good of the said Marsh; as also for the sound and wholsome Go∣vernment thereof; and for the common profit of the Inhabitants and residents therein; to make use of them and put them in execution, within the bounds and limits thereof: And likewise to change them and every of them, for e∣ver, as they shall see best. And that the said Bayliff, Jurats, and Commonalty, and their successors, for the necessities and profits relating to the said Marsh, shall amongst themselves assess and levy Taxes, and lay impositions upon the Goods, Lands, Tenements, and Merchan∣dizes of the Inhabitants and residents, being within the bounds and limits of the said Marsh; and otherwise, as it shall seem best to them, without the let•• or impediment of the said King or his heirs, or his or their Justices, or other their Of∣ficers whatsoever.

And moreover granted to the said Bayliffs, Jurats and Commonalty, and their successors, that none of them, or of their heirs and successors, thenceforth should be put or impanelled in any As∣sizes, Juries, Recognitions, Attaints, or any other Inquisitions whatsoever, out of the bounds and limits of the said Marsh; nor to be compelled to go out of those bounds or limits, to travail on any Juries, Inquisitions, Assizes, Recog∣nitions, Attaints, or matters whatsoever, though they concern the said King, or his Heirs. Nor that any of them shall be made an Assessor, Taxer, or Collector of Tenths, Fifteens, or any parcell thereof; or of any other Chardge, Sub∣sidy, Tallage &c. whatsoever.

Notes

• r 1.1

  Lamb. peram. of Kent (aedit. Lond. 1656.) p. 211.
• s 1.2

  Watling∣street. Foffe. Erminstreet. ••k••nild, and divers other.
• t 1.3

  In vi••â Agrico••ae.
• u 1.4

  Dr. Holland, in his transl. of Cambd. Brit.
• w 1.5

  E••h••lw. Chron. l. 3. f. ••78. a.
• x 1.6

  Peramb. of Kent. p. 208.
• y 1.7

  L••l. Co••••. vol. 2. p. 57.
• z 1.8

  Docto•• and Student c. 7.
• * 1.9

  Claus. 35. H 3 m 16 in ••••r••o.
• b 1.10

  Ibid.
• c 1.11

  Claus. 36. H. 3. m 4.
• d 1.12

  Pat 42 H. 3. m. 10. in dorso.
• e 1.13

  Ibid.
• f 1.14

  Claus. 42. H. 3. in dorso m. 9.
• * 1.15

  The Ordi∣nances of Henry de Bathe.
• g 1.16

  Pat. 42. H. 3. m. 7.
• h 1.17

  Ibid.
• i 1.18

  Ex eod. MS. penes Oliv. S. Iohn Arm. f. 9. a.
• k 1.19

  lb. f. 9. b.
• * 1.20

  ☞
• * 1.21

  ☜
• l 1.22

  Ex p••aes••to•• cod. MS. f. 11. a.
• * 1.23

  ☜
• * 1.24

  The Ordi∣nances of Iohn de Lovetot, and Henry de A∣peltrefeld.
• * 1.25

  Election o•• the common Bayliff.
• * 1.26

  Th••t contri∣bution for ••he repair of the Banks be e∣qual accor∣ding to the number of A∣cres.
• * 1.27

  That Jurats be establisht in that part of the Marsh towards Sussex.
• * 1.28

  As also a common Bayliff.
• * 1.29

  Of wh••ch B••yliff and Jur••••s, the King's com∣mon Bayliff to be Super∣visor.
• m 1.30

  Pat. 18 E. 1. m. 6. in dorso.
• n 1.31

  Ex ver. co••. MS. ad Abb. S. Aug. Cantuar. quondam spectante; tunc verò penès Rog. Twysden Baronettum.
• * 1.32

  The Ordi∣nances of Henry de Apeldrefeld and Bertram de Tancrey.
• * 1.33

  ☞
• o 1.34

  Pat. 7 E. 20 p. 2. m. 26.
• p 1.35

  Pat. 10 E. 2. p. 1. m. 23. in dorso.
• q 1.36

  Pa••. 17 E. 2 p. 2. m. 12. in dorso.
• r 1.37

  Claus. 18. E. 2. m. 38.
• s 1.38

  Ibid.
• t 1.39

  Ibid. m. 19.
• u 1.40

  Pat. 18 E. 2•• p. 2. m 3. in dorso.
• w 1.41

  Pat. 5 E 3. p. 2. in dorso m. 19.
• * 1.42

  7 E. 3.
• * 1.43

  Pat. 14 R. 2. p. 2 m. 38. per ••is. ex••
• y 1.44

  Pat. 13 E 3 p. 1. m. 22. in dorso.
• z 1.45

  Pat. 13. E. 3 p. 2. m. 18. i•• do••so
• a 1.46

  Pat. 18 E. 3. p. 2. m. 49 in dorso.
• b 1.47

  Pa•• 21 E. 3. p. 1 m 25 in dorso.
• c 1.48

  Pat. 22 E. 3. p. 1. m. 14. in do••so.
• d 1.49

  Pat. 22 E. 3. p. 1. m. 17. in dorso.
• e 1.50

  Ex ••od. MS. 〈…〉〈…〉. S. Io••n Arm. ••. 12. b.
• f 1.51

  Pat. 35 E. 3. p. 1. m. 6. in dorso.
• * 1.52

  ☜
• * 1.53

  ☜
• g 1.54

  Adhuc ex praef. cod. MS. penès praef. O••iv. S. Iohn.
• * 1.55

  E•• ••x ver. ••od. MS. penés Will. le N••ve Clar. Regem Armorum. an. 1640.
• h 1.56

  Ibid.
• * 1.57

  The Ordi∣nances of Thomas de Lodelowe and his associates.
• * 1.58

  Choice of the Bayliff.
• * 1.59

  Penalty for refusal.
• * 1.60

  The Bayliffs Fee.
• * 1.61

  How the p••r∣ty elected, be∣ing absent, shall be com∣pelled.
• * 1.62

  That the Col∣lectors and Expenditors do make ac∣compt of their receipts
• * 1.63

  How those that are ab∣sent in the L••st, shall be amerced.
• * 1.64

  The choi••e of the Jurats, Collectors & Expenditors.
• * 1.65

  The pen••lty of the Jurats, elected refusing.
• * 1.66

  The penalty for their not appear••nce at the Last.
• * 1.67

  The Oath of the Jurats.
• * 1.68

  That they be observant to the Bayliff.
• * 1.69

  The Oath of the Collec••∣ors and Ex∣penditors.
• * 1.70

  The Oath of the Bayliff, & his making Execution.
• * 1.71

  The Fee of the Bayliffs Clerk.
• * 1.72

  That no Dams or Fords shall be made.
• * 1.73

  The Procla∣mation be made of the Tax assessed.
• * 1.74

  Price of the Acres for the Banks.
• * 1.75

  Workmen not to be drawn away.
• * 1.76

  How the Chanels shall be kept.
• * 1.77

  How the Chanels shall be kept.
• * 1.78

  The Bayliff and Jurats to have their chardges, in going to other places.
• * 1.79

  Penalty for such as shall rescue any distresse.
• i 1.80

  Pat. 43 E. 3. p. 1. m. 30. in do••so.
• k 1.81

  Pa•• 48 E 3 p. 1. m. 30. in dorso
• * 1.82

  ☜
• l 1.83

  Pat. 1 R. 2. p. 1. m. 2••. in dorso.
• m 1.84

  Pat. 1•• R. 2•• p. 2. m. 38.
• n 1.85

  Pat. 10 H. 4. p. 1. m. 17.
• o 1.86

  Pat. 8 H. 6. p. 1. m. 21.
• p 1.87

  Inter Sta∣tuta de ar. 6 H. 6. Cap. 5.
• q 1.88

  18. H. 6. cap. 10.
• r 1.89

  23 H 6. c. 9.
• s 1.90

  12 E 4. c. 6.
• t 1.91

  4 H. 7. c. 1.
• * 1.92

  Pa •• E•• 4. p. 2. m. 3.