GB0218 D.695; D.2282 Gwent Record Office This catalogue was digitised by The National Archives as part of the National Register of Archives digitisation project NRA 13154 The National Archives H. M.C. 13154 NATIONAL O FBfiQltrcf t ^ 7 ARCHIVES MONMOUTIiSHIRE RECORD OFFICE CATALOGUE of documents relating to THE IrDNMOUTHSI QBE COURT OF SEVERS deposited by THE CALDICOT AND WENTLOOGE LEVELS DRAINAGE BOARD. reproduced by HISTORICAL MANUSCRIPTS COMMISSION NATIONAL REGISTER OF ARCHIVES November 1968 County Record Oflice, County Hall, Newport, Mon. NPT 5XJ The Monmouthshire Court of Servers. It is not possible to tell from the surviving records when the Monmouthshire Court of Sewers was created. The earliest surviving record of the court amongst those now deposited is a roll of minutes commencing in 1692 and the earliest surviving commission is dated 1852. There is amongst the records a schedule of such records as were delivered in 17&4 to George Kemeys, the clerk to the court, by the widow of the previous clerk and this schedule mentions commissions of 1728 and "6 old commissions" widen no longer survive. The minute book of 1714 commences with the recording of the issue of a new corn­ mission and these "6 old commissions" could, therefore, certainly date from at least the 1660's. The Tredegar Mas. at the National Library of Wales contain presentments made at a Court of Sewers for the Hun­ dred of Wentloog on 6 May 1641 so that the Court must have been in­ stituted before this date. A search of the Patent Rolls at the Pub­ lic Record Office, London, will i^robably reveal the daie of the earliest Commission. Acts of Parliament of 1427 ( 6 By. VI. c.5), 1429 (8 hy. VI. c.3), 1488 (4 and 5 hy. VII c.1) and 1514 (6 Hy. VIII. dO) all made pro­ vision for the granting of Commissions of Sewers by the Crowi but it was the Statute of Sewers of 1531 (23 Hy. VIII. c.5) which formed the basis of the work of the courts until they were superseded by the Drainage Boards set up by the Land Drainage Act, 1930. The Monmouth­ shire Court of Sewers ceased to function in 1942 vhen its work was taken over by the Caldicot and Yfentlooge Levels Drainage Board. The task of the Court of Sewers was to maintain the sea defences of the county and the drainage of the low lying lands in southern Mon­ mouthshire. The Court consisted of those gentlemen of the county who were named in the Commission, they were not necessarily justices of the peace but many of them seived in this capacity also. The clerk to the court was also, frequently, the clerk of the peace. A Commission ran for a period of ten years, after which a petition was made to the Crown for the grant of a new Commission. This Corn­ mission sets out the powers and duties of the Court and was, essentially, in the form authorised by the Act of 1531* The Monmouthshire Commission ran - "Forasmuch as the walls, ditches, banks gutters sewers gotes cal­ cies bridges stream and other defences by the coasts of the sea and marsh grounds lying and being with the limits of the hundreds of Caldicot and Wentlooge or in the borders or confines of the same by rage of sea flow­ ing and ref lowing and by means of the trenches of fresh waters descending and having course by divers ways to the sea be so di(s)rupt lacerate and broken and also the common passage for ships ballangers and boats in the rivers streams and other floods within the said limits or borders or confines of the same b., means of setting up erecting and making of streams, mills, oridges, ponds, fishgarths, milldams, locks, hebbing wears locks and floodgates or other like letts impediments or annoyances be letted and interrupted so that great and inestimable damage for default of reparation of the said walls and also by means of setting up and enlarging the said fishgarths in times past hath happened and yet is to be feared that for greater hurt and loss and damage is like to ensue unless that speedy remedy ue provided have assigned to you our justices to survey the said walls and the same cause to be made corrected repaired amended put dovn or reformed so the case shall re­ quire after your wisdom and discretions and therein as well to ordain and do after the form tenor and effect of all and singular the statutes and ordinances made before 1 March 23 Hy. VIII as also to enquire by the oaths of honest and lawful men in our said county place or places where such defaults or annoyances be by whom the truth may be the rather be known through whose default the said hurts and damages have happened and vsho hath or holdeth any lands or tenements or common of pasture or profit of fishing or hath or may have any hurt loss or disadvantage by any manner of means in the said places as well near to the said dangers... as inhabiting or dwelling thereabouts and those persons to tax, assess charge distrain and punish. Also to reform repair and amend the said ditches and to make new cleanse and purge the trenches..... i Also to reform amend prostrate and overthrow all such mills as shall be found by inquisition or by your surveying and discretions to be exces­ sive or hurtful. Also to depute Keepers, Bailiffs, Surveyors, Collectors, Expenditors and other Ministers and Gfficers and to hear their accounts for the receipt and paying out of the liioney tn^t shall be levied and paid.. and to distrain for the arrears of every such collection tax.... and to punish the debtors Also to arrest and take as many carts horses oxen beasts and other instruments necessary and as many workmen and labourers... paying for the same Also to take such trees at a reasonable price. Also to make and ordain statutes ordinances and provisions..., af ter the laws and customs of Romney Marsh. ,.lso to hear and determine the premise as well at our suit as at the suit of any other complaining before you. Also to make and direct all writs precepts warrants.... to all sheriffs bailiffs and all other ministers officers Also finally to do all and everything as shall be requisite for the aue execution of the premises" The main record of the court is the minute book which must be read in conjunction with the presentments. Except in the minute books 1692­ 1714 the presentments are not entered, only the orders issued in response to the presentment and in 1868 the system of presentment by jury was diB­ continued. The presentments take the form of returns from each parish itemising defects and those persons responsible for their repair and originally wore preserved in bundle form. In 1817 the Court ordered that a book should be kept in which entries were to be made of every presentment and these books, which survive, are complementary to the bundles of pre­ sentmenta. The two Levels of Caldicot and Wentlooge are treated as separate levels and separate courts were held for each Level although the pro­ ceedings for both are entered in the same minute book. Most of the minute books commence with the recording of the grant of a new Commission and the taking of the oath by the Justices of Sewers and is then followed by the appointment of their clerk. The early minute books are concerned entirely with the amendment and reparation of the walls and ditches (reens) and it is not until 1814 that Rules of Practice were adopted to regulate the work of the Court. It is from this period that the work of the Justices of Sewers apparently in­ creased in complexity and this is reflected in the records. The repair of the walls ana ditches was the responsibility of those persons whose lands were customarily charged with their repair and should the necessary repairs not be carried out when ordered by the Court the Justices were then empowered to appoint an Expenditor who was authorised to complete tie work and reclaim his costs from those responsible. To regulate the Expend!tor's accounts the Court authorised in 1759, "the purchase of four folio books with two quires in each to enter the level expenditors accounts in," two of these survive amongst the records. Al­ though there is one treasurers account book, 1815 to 1853, no regular system of accounting starts until 1843. The Caldicot and vVentloog Level Act, 1884, substituted a rent charge for the personal liability of the landowners but this, too, was superseded by a drainage rate under the powers of the Land Drainage Aot, 1930. The liabilities of landowners were recorded in surveys of the walls and ditches. Many of these survive (in one form or another) from 1720 but without the accompanying maps many of these are of limited historical usefulness. Few maps are included with the records and many are stil l in the hands of the Drainage Board. There are obvious deficiencies in the records for example although the surveyors reported to each court and although, after 1883, these reports were printed and circulated to the Commissioners, no series of these re­ ports exist amongst the records. Similarly there are no reports of Committees set up by the Court to report on various topics. In some cases these Committee Reports are entered in the Minute Books but this is done in an apparently haphazard manner.