THE
C A S E
O F T H E
OWNERS of the Upper-Levels :

RELATING TO
A BILL Depending in Parliament, about the
Harbour of RYE.

THE *Upper-Levels* contain Ten thousandth Acres of Land, Adjacent to the River *Rother*, and always Sewed their Waters into the faid River, which Anciently pafs'd into the Sea, through *Romney-Marlb*, several Miles diffant from *Rye*, towards the North-Eaft; but having loft Paffage, about the Year 1610, was turned into the Channel of *Appledore*; which Channel had at that time no Communication with the Ancient or Prefent Harbour of *Rye*, but pafs'd into the Sea, through *Gaildford-Marlb*, at the diffance of Two Miles from *Rye*, to the North-Eaft; and in the Year 1623, upon the Petition of the Inhabitants of *Rye*, was turned over from the *Gaildford* fide, into a small Channel on the *Rye* fide, falling into the Sea, at the diffance of One Mile from *Rye* towards the North-Eaft.

The *Upper-Levels*, having suffered very much by the Inland Floods and Stoppage of the *Rother*; and after several Expences, but Unfortunate Attempts, finding it impracticable to Drain their Lands by their Ancient Sewer,

They Bought and Purchased from the Owners of *Wittrefham-Level*, in *Anno Domini* 1636, a large New Channel to be Cut through *Wittrefham-Level*, thereby to Sew the *Rother* through the fame into *Appledore* Channel: And having finifhed the fame, foon after (viz. *Anno Domini* 1644) by the Outrage of the Sea, their Banks, and Walls, were broke down, and the whole Level of *Wittrefham*, with great part of the *Upper-Levels* were drowned.

The True and Natural Harbour of *Rye*, in the faid Year 1644, and always before, lay on the South-Weft fide of the Town of *Rye*, towards *WinchelSEA*; but the Sea at that time breaking suddenly into a small Creek, lying between *Gaildford-Marlb*, and fome low Brook Lands, adjacent to the Town of *Rye*, on the North-Eaft fide, flowed feveral Miles up the Countrey, and by its continual and violent Flux and Reflux fo far into the Land, in a ſhort time an Accidental Place, in the nature of a Harbour, was form'd on the North-Eaft fide of the Town of *Rye*: But the Inhabitants of *Rye* and *WinchelSEA*, regarding their prefent Profit more than the Prefervation of the Harbour, Seiz'd upon the Ground of the Old Harbour, Inning and Imbanking the Derelict Lands as their own whereby the Sea being Repelled on the Western Shore, drove up the Eastern Channel with greater Violence.

Thus whilft the Countrey lay under Water (and not before) the Channel of *Appledore*, and the New Channel in *Wittrefham-Level*, and the Accidental Channel on the Eaft fide of *Rye*, became Navigable by ſmall Veffels.

The Owners of the *Upper-Levels*, to Relieve themfelves from the Inſupportable Burthen of Scots and Taxes Aſſe'd upon their Lands for the Payment of the Rents of *Wittrefham-Level*, and otherways, amounting to 3000 l. per Annum, and upwards, have at length, at the vaſt Charge of 200000 l. Drain'd and Recovered their Drowned Lands from the Sea, by Inning and Imbanking *Wittrefham-Level* (and not any Derelict Lands) and by Ewſting feveral Stops and Sluces in *Wittrefham-Channel*, and the Channel of *Appledore*; all which were done by the Prefentment of Juries, and Decrees of the Commiſſioners of Sewers, and have reſtored the Lands to the particular Proprietors.

Yet now the Town of *Rye* have brought in a Bill for the Declaring and Removing the ſaid Stops and Sluces as Nuaſances, and for the Opening the Paffage of the *Rother* and *Appledore*; whereby a Large Countrey containing 10000 Acres of Ancient Lands, fav'd from the Sea, at a Vaſt Expence, and for which the Proprietors have paid above three times the Value, will be unavoidably laid under Water, to the utter Ruine and Impoverifhment of a great Number of Families, deftruction of ſeveral Joyntries, Mortgages, Purchafers, Marriage-Settlements, to the great Abatement of the King's Taxes, and the Juit Fear of all Proprietors of Land on the Sea Coaſts, in other Countries, of ſuch a dangerous Precedent; and yet the Accidental Harbour of *Rye*, cannot be made a Safe or Secure Harbour.

Upon the whole Matter, since the Accidental Harbour of *Rye* had Anciently no Communication with the *Rother* or *Appledore*, nor had the Inhabitants of *Rye* any Navigation up the fame; since the Town of *Rye* have no Right to a Harbour in the Place where it now lies, since the ſaid Stops and Sluices were made, and ſet down by Legal Authority, and are not Nuaſances in Law; or if so, are Remediable in the Proper and Ordinary Methods of Law; since the Town of *Rye* have it in their own Power to reſore themſelves to their Ancient and Rightful Harbour on the South-Weft fide, by Opening and Delivering up to the Sea the Derelict Lands they have Imbank'd, and there-by spoiled the fame; since the Paffing of this Bill will be ſo Dangerous and Destructive to the Coun-try, by taking away their Property, and Abandoning them to the Sea: The Owners of the *Upper-Levels*, do humbly Hope the Bill will be Rejeſted.