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EXTRACT OF

Statutes made at Westminster,

ANNO 6th HENRY VI. A. D. 1427.

CAP. V.

Several Commissions of Sewers shall be granted.

The Form of the Commission.

ITEM, Our Sovereign Lord the King, by the Advice and Assent aforesaid, considering the great Damage and Losses which now late be

happened by the great Inundation of Waters in

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divers Parts of the Realm, and that much greater Damage is very like to ensue if Remedy be not speedily provided, hath ordained and granted, (1) That during Ten Years next ensuing several Commissions of Sewers shall be made to divers Persons by the Chancellor of England for the time being, to be sent into all Parts of the Realm where shall be needful, according to the Form that followeth.

the Commis

(2) Henry, by the Grace of God, King of The Form of England, &c. To his well beloved and faithfulsion of SewA, B, C, and D, greeting, Know ye, That [8. c. 5. whereas the Walls, Ditches, Gutters, Sewers, Bridges,

ers. 23 H.

Causeys, and Wears, by the Coasts of the Sea and Marsh, within the Coasts and Limits of Lindsey in the County of Lincoln, by the Rage of the Sea flowing and re-flowing, and Trenches of fresh Waters by divers Places descending to the Sea, be so decayed and broken, that many inestimable Damages for Default of Reparation of the same Walls, Ditches, Gutters, Bridges, Causeys, and Wears, in Times past have happened there, and yet it is to be feared that much more Hurt within short Time will happen, unless that Commission- some speedy Remedy be provided therefore: (3)

ers shall en

quire of the e, for as much by Reason of our regal Annoyances,

and by whose Dignity we be bounden to have Regard to the

default they

happened. Safety of our Realm of England in all Places, willing in this Behalf to provide convenient and speedy Remedy, have assigned you, &c. of which, &c. we will to be one, our Justices to survey the Walls, Ditches, Gutters, Sewers, Bridges, Causeys, Wears, and Trenches, (4) and Inquiry who to enquire by the Oath as well of Knights, as

hath Lands,

Fishing

Common or other good and lawful Men of the said County, as well within Liberties as without, by whom

there, and

who may

have loss by the Truth of the Matter may be best known,

the Annoy

nefit by the

repair of them.

ances, or be-by whose Default such Damages have there happened, and who doth hold Lands and Tenements, or hath any Common of Pasture or Fishing, in those Parts, or else in any wise have, or may have, the Defence, Profit, and Safeguard, as well in Peril nigh, as from the same far off, by the said Walls, Ditches, Gutters,

Sewers, Bridges, Causeys, and Wears, and also Hurt or Commodity by the same Trenches, (5) and there (Distraining

for repara

spared that

to distrain all them for the quantity of their tions. Lands and Tenements, either by the number of Acres, or by their Plow Lands, for the rate of the Portion of their Tenure, or for the Quantity of their Common of Pasture or Fishing, together with the Bailiffs of Liberties, and other Places of the Counties and Places aforesaid, to repair the said Walls, Ditches, Gutters, Sewers, Bridges, Causeys, and Wears, in the Places necessary, and the same or other, as often and where shall be needful, to make of new, and to cleanse the said Trenches in Places necessary, and if Need be to stop them up, (6) so that no Tenants of Lands or Tenements, nor any having Common [None shall be of Pasture or Fishing, rich or poor, nor other may receive of what Condition, State, or Dignity, which have loss. or may have Defence, Commodity, and Safe-10 Co. 141. guard, by the said Walls, Ditches, Gutters, Sewers, Bridges, Causeys, or Wears, or else any Hurt by the said Trenches (whether they be within Liberties or without) shall in any wise be spared in this ; (7) and for Agistments upon the Sea Banks for Preservation of the said Parts, according to the Number of the Acres or Perches by you, &c. of whom, &c. we will to be one, newly to number, and as often and where shall Need of new to make. (8) And to depute certain diligent and [Taking the

benefit or

5 Co. 100.

4 Mod. 350.

account of the

true Keepers for the said Preservation, and to Collectors.

for the ar

rearages of

the Collection.

hear the Account of the Collectors of the Money which shall be levied for this Cause, and to be spent in the Reparation and Amendment of the said Walls, Ditches, Gutters, Sewers, Bridges, Causeys, and Wears, and Distraining stopping of the said Trenches. (9) And to distrain by you, &c. of whom, &c. we will to be one, or by other whom ye shall thereto depute, for the Arrearages of such Collection as often as Need shall be, and as ye shall think meet, (10) and to make and ordain necessary and convenient Statutes and Ordinances for the Defence and Safety of the said Sea-Banks and Marshes, and the Parts adjoining, according to the Laws and Customs of Romney Marsh, and to hear and determine according to the Laws and Customs of our Realm of England, and the Custom of Romney Marsh, all and singular the Premises, as well at our Suit, as the Suit of any other that will complain before you in this Behalf; (11) and to take and

Making of Ordinances for the Defence of Sea Banks.

Taking of
Laborers to

work in the put in the said Works and Reparations as many reparations. Ditchers and other Workmen and Laborers, for the said Workmanship and Reparations, as may suffice for the great, speedy, and instant, Necessity, upon competent Wages to them in this Behalf to be paid. (12) And therefore we command you, That at certain Days and Places which you, &c. of whom, &c. we will to be one, thereto shall appoint, ye shall survey the said Walls, Ditches, Gutters, Sewers, Bridges, Causeys, Wears, and Trenches,

and all and singular the Premises do and accomplish and hear and determine in Form aforesaid; (13) so that for Default of Reparation of the said Walls, Ditches, Gutters, Sewers, Bridges, Causeys, and Wears, and stopping of the said Trenches, no Hurt nor Peril shall in any wise happen. (14) And that ye compel all them whom

Punishment

of them

which do

proportion

ye shall find negligent or stubbornly denying to do Reparation or making of their Portions, neglect or speedily to reform and amend the same by pair their Distresses and Amerciaments, and other Ways assigned. and Means which to you shall best seem for such Defaults; (15) and that ye cause all Things which by you shall be ordained in this Behalf, as well within Liberties as without, firmly to be observed, doing therein as to Justice pertaineth according to the Law and Custom of our Realm of England, saving to us the Amerciament and other Things thereof to us pertaining. (16) We have also commanded our Sheriff of the said County, that certain Days and Places which you, &c. whom, &c. we will to be one, shall give him

know, he shall cause to come before you, &c.

The Sheriffs

at

and Jurors

shall be at

of

tendant upon

the Commis

to

of

whom, &c. we will to be one, so many and such

good and lawful Men of his Bailiwick, as well

sioners of Sewers.

8 H. 6. c. 3.

23 H, 6. c. 9.

6 H. 8 c. 10.

3

Jac. 1.c. 14.

17 An. c. 10.

within Liberties as without, by whom the Truth of the Matter in the Premises may best be known and enquired. In Witness whereof, &c. Witness, &c.

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