Hue aud Cry as also for blood shed within his said Lordship at all times of the year After this viz. in the same third year of the said King Henry the sixth William Babyngton Sir Iohn Colvyll and Sir Henry Rocheforth Knights Will. Paston Tho. Derham and Iohn Mannyng were constituted Commissioners to view the Banks Sewers Ditches Bridges and Causeys betwixt UUalpole and Tilney and to determine all things therein according to the Law and Custome of this Realm as also to take so many Diggers and Labourers upon competent wages as they should think necessary for that service in regard of the great expedition which through the decay of those works was then required Several other Commissions were afterwards issued out in this Kings reign to the like purpose scil in 8 H. 6. to Sir Henry Rochefort and Sir Robert Clyftone Knights William Pastone William Goodrede Thomas Derham Simon Fyncham and Thomas Shuldham for all those Banks Sewers c. in the Towns of Uppâ—welle Outwelle and Enemethe betwixt the River which goth from Wellynhee to the Priory of Mullycourt and the River which passeth from Enemethe unto the said Priory and to proceed therein as abovesaid In 22 H. 6. to Sir Thomas Scales Kt. William Yelverton Hugh Prior of Wirmegay Thomas Trusbut Iohn Fyncham Thomas Salesbury William Willy and Raphe Geytone for those throughout the whole Province of Marshland and the parts adjacent from Marham to Wigenhale and to do all things therein according to the Laws and Customes of Romeney Marsh. The like Commission had the said Sir Thomas Scales William Yelvertone Thomas Trusbut William Eweyn and Thomas Salisbury in 30 H. 6. So also had Iohn Earl of Oxford Iohn Viscount Beaumont Iohn Heydone Iohn Fyncham and Iohn Bekyswell for all those betwixt the waters of Wâ—lle and the water which leadeth from Welle to Salterys lode and Wygenhale In 21 H. 7 the said Bank called the new Pokedike was totally measured and then found to contain in length from the house of Iohn Pye at Salters lode unto the house of Iohn Bekeswell at Northdelf xviij furlongs and xxvij perches the repair thereof belonging as followeth viz. To the Tenants of the Lord Bardolf xxij perches To the Town of Wigenhale three furlongs xviij foot and four inches To the Towns of Tilney Islington and Clenchwardon three furlongs xviij foot and four inches To Tirington three furlongs xviij foot and four inches To Walpole three furlongs xviij foot and four inches To UUalton and Emneth three furlongs xviij foot and four inches To Walsoken three furlongs xviij foot and four inches To Iohn Bekyswell opposite to his house at North delf xv perches And from Northdelf to Mullycourt it contained in length xiiij furlongs and seven perches whereof the repair belonged as followeth viz. To Walsoken two furlongs xv perches five foot and four inches To UUalton and Emneth two furlongs xv perches five foot and four inches To Terington two furlongs xv perches five foot and four inches To Tilney with Islington and Clenchwarton two furlongs xv foot and four inches To Wigenhale two furlongs xv perches five foot and four inches Memorandum that upon the seventh day of Iuly 21 H. 7. every Acre of ground in Marshland was assessed at four inches for the maintenance of the said Bank But notwithstanding this care taken for repair thereof such was the wickednesse of some people that they divers times made breaches in sundry parts of it insomuch as complaint being made in Parliament Aº 22 H. 8. this ensuing Act was thereupon made WHereas before this time divers evill disposed personnes of their perverse and evill dispositions maliciously at divers and sundry times have cut cast down and broken up divers parts of the Dike called new Powdich in Marshland in the County of Norff. and the Broken dyke otherwise called Oldfield dyke by Marshland in the Isle of Ely in the County of Cambridge By reason whereof aswell by the great aboundance of the Salt water as also by the course of the Fresh water entring and coming into and by the said part of the said Ditches so broken and cast down the grounds and Pastures within the Countie of Marshland in the County aforesaid have bene divers and many times drowned and surrounded with the water aforesaid so that no profit thereof might be taken by the owners and occupyers of the said ground And the Inhabitants within the said Marshland and the Levell of the same many and sundry times have been not only put to importunate chardges and expenses to their extreme damage and costs but also to their grete undoings having lost much of their Cattel and Beasts then being and depasturing upon and within Marshland aforesaid to their grete damage and losse and to the grete decay of the Common welthe of the Country adjoyning to the same And also by reason of the same waters much people have bene drowned in their beds within their houses and have lost the most port of their goods being within the same For reformation whereof it is ordayned enacted and established by the King our Sovereign Lord by the assent of the Lords Spiritual and Temporal and the Commons in the present Parliament assembled and by the authority of the same that every such perverse and malicious cutting down and breaking up of any part or parts of the said Dikes or of any other Banks being parcell of the Rinde or uttermost part of the said Country of Mershland at every time and times hereafter from henceforth by any person or personnes committed and done otherwise than in working upon the said Banks and Dikes for the repairing fortifying and amending of the same to be taken reputed and adjudged Felony and that the offenders and doers of the same and every of them be adjudged and reputed Felons And that the Iustices of Peace of the said Counties of Norfolk and Cambridge in the said Isle at every of their Sessions within the said Isle and Counties to be kept by the authority aforesaid have full power to cause enquiry to be made after every such offence so at any time in form aforesaid hereafter to be committed and done and to award the like processe against every of the said offenders with like judgement and execution of the same if they or any of them be thereof found guilty by verdict or otherwise as the said Iustices have used and accustomed to do upon other Felonies being Felony at the common Law Which Statute was in 5 Edw. 6. by an Act of Parliament then largely made for the repeal of divers Treasons and Felonies cleerly repealed and made void But in 2 3 Ph. M. it was again revived In which year there were these ensuing Ordinances made upon the eighth day of April by the chief Inhabitants of this whole Country of Marshland and Town of Wigenhale touching the Old Powdike and Broken dike 1 That the said old Pow diche be sufficiently made
suffred to run as also a Bridge presently laid over But on the xvth of March next ensuing there hapned so great a storm that it brake the Banks of this new River and drowned Neatmore with the severals adjoining So that on the xxi of the same Month of March they were constrained to stop the River at Upwell Towns end again Not long after this there was a Petition exhibited to the King by the Inhabitants of divers fen-towns without the I le of Ely in the Counties of Suff. and Cambridg humbly desiring that whereas a most laudable work of drayning the Fens c. was then recommended to the high Court of Parliament and that divers Towns lying on the skirts of those Fens would have no benefit thereby in regard their lands were very seldome surrounded they therefore might be excluded out of the intended Act of Parliament whereby a proportion of the said Fen grounds was to be allowed to the undertakers in the drayning for the supporting of their charge therein Whereupon the Lords of the Councel by their Letters dated at White-Hall upon the xxxi of August in the fourth year of the said K. Iames his Reign reciting what had been signified formerly by them as to the fecibleness of the before-specified Drayning and that the Lord Chief Justice Popham was present at the Session of Sewers held at Cambridge and gave notice to the Country that his Majesties pleasure was so far to further the same as to men of understanding might appear to be to the general good of his people as also that there was a Law then made for the said Drayning And moreover that at another Session held at Wysbeche order was taken for the drawing of a Law to be presented to the Parliament for confirmation thereof But that some persons not well understanding the state of the cause complained to his Majesty of great losses and hindrances which they were like to sustain in case the said Act should proceed and therefore desired the said Commissioners to examine the true Causes of those Complaints and to represent to them the true state of the Fens with the difference between the last years profit and that present year In answer whereunto the said Commissioners made this return to the said Lords of the Councel viz. that they did meet at Cambridge on the 22. of October 1606. for the Examination of the Petition formerly mentioned and that they found few reasons to fortify it but such as were or might be provided for in the intended Bill all persons with whom they had treated having acknowledged that the want of drayning was an inestimable hurt to those Fenny Countries And that whereas an objection had been made of much prejudice that might redound to the poor by such drayning they had information by persons of good credit that in several places of recovered grounds within the Isle of Ely c. such as before that time had lived upon Almes having no help but by fishing and fowling and such poor means out of the Common Fens while they lay drowned were since come to good and supportable Estates The Chief Contents of the Bill handled in Parliament Anno 4. Regis Jacobi touching this general Drayning The limitation of time allowed to Sir Iohn Popam Knight Lord Chief Justice and the rest of the Adventurers for accomplishing the work was to be ten years after the end of that Session of Parliament The particular Cutts and Drayns c. to be made by the Undertakers were as followeth 1. A New River with a Bank and In-dike from the Upland neer Peykirke between Weland and Burrow Bank unto or neer Heddike Corner and thence to Crouland water head and there to place a Sluse and so to great Porsand Bank with a Dam over the River to the said Bank to keep in Weland from overflowing 2. To amend the Leame from Peterborough to Guyhirne and to cut a new River and Bank on either side of the said Leame with Indikes for preserving of the Banks the North Bank to begin from Burrow little Fen Bank where six of the Commissioners shall think fit 3. To enlarge the River from Guy hirne to Wisebeche and so to the four Gotes 4. To make a sufficient passage for the River of Ouse from Erith to Salters lode either by enlarging its Chanel or embanking c. And to make two new Rivers to begin about Erith brigg and so to go by Sprall's were to Mayd lode and so through Denver fen into Ouse about Denver hithe with sufficient Banks and Indikes c. and Sluses at the upper end of the new Rivers and West water in such sort as the Navigation in old Ouse and Grant may not be impaired 5. To imbank in all needfull places Grant Mildenhall Brandon and Stoke Rivers viz. Grant from a Corner below Clayhithe ferrey Mildenhall and Brandon Rivers from their entrance into the Fens or from some other more convenient places And Stoke River from Stoke Causey unto the places where they fall into Ouse and to enlarge them where need is with Banks and Indikes c. as six of the Commissioners should think fit 6. And to make new Rivers Banks Indikes c. where need is c. yielding to the owners of the Lands such recompence as any six of the said Commissioners should think meet As also Bridges passages Sluses and Land Eas. 7. That they may take in water to maintain fishing so as the same be kept within Banks and be not hurtfull to the adjoyning Fens 8. To make Ferryes and Ferrey houses where need is 9. That for this performance the Undertakers c. to have in severalty 112000. Acres Statute measure by the small hundred by assignation of the Commissioners 10. That where there is sufficient waste to answer the Undertakers and leave sufficient for the Commoners the Land owners not to be impeached in their severals 11. That the Commissioners do respect both quantity and quality in their opportioning 12. That such opportioning be made before Michaellmass A. 1007. if they may 13. That of Waltersey the Undertakers to have 2. full parts of 3. to be set out as aforesaid 14. That the Undertakers shall have the soil waters and fishing of all the new Rivers so to be made with the Banks Indikes c. 15. That they shall begin to take their profits as they finish their draynings 16. That if any of the grounds shall be again overflowen recompence to be made to the parties damnified out of the 112000. Acres to be assessed by any six Justices of the Peace whereof 2. of the Quorum where such surrounding shall happen 17. That all grounds adjoyning to these Fens which are bettered by the Drayning shall contribute towards the charge of the Undertakers as any six or more of the Commissioners shall think meet 18. That all Mannors Wastes and Common shall have metes and boundaries set to them by the said Commissioners where the bounds are
Richard de Horne Stephan Wettenham Iohn Franceys and Hamon Wodeman were put in Commission for to supervise the Banks in this Marsh from the Town of Hethe all along 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 sundry places thereof Which King viz. Richard the 2d out of his special care also for the safeguard of this Marsh having viewed the Charter of his Royal Ancestor King Edward the first wherein aswell that of King Henry the 3d whereof I have taken notice in it's due place as that memorable Ordinance of Henry de Bathe likewise before repeated are recited did not only make Confirmation of them both but farther out of his Princely favour by the assent of his Councel at the request of the Inhabitants of the said Marsh granted 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 Inquisitions or Recognitions aswell within this County of Kent as out of it excepting in what should relate to the said King or his heirs And that they nor any of them should be Shireeve Eschaetor Bayliff Collector of Tenths or Fifteens 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 aforesaid 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 overflown in a very short time and so utterly lost and destroyed to the infinite peril and damage of all his liege people in those parts In like manner and with the like recitals at large did King Henry the 4th and King Henry the sixth confirm the said Charter of King Henry the 3d and the so often mentioned Laws and Ordinances of Henry de Bathe concerning this Marsh Adding the like Liberties and Privileges as King Richard the second by his Charter last before observed did Which said Laws with all others relating to this Marsh as also the Customes thereof were grown at length so famous that the said King Henry the sixth in the 6th year of his reign by the advice and assent of the Lords spiritual 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 â—â—â—n next ensuing several Commissioâ—s of Sewers should be made to diverâ— persons by the Chancellor of Engâ—and for the time to come in all paâ—ts of this his Realm where should be needful the form of which Commission is there recited amongst other things gave unto the said Commissioners special 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 of Parliament in 18 of his reign continued the same form of Commissions So also in 23. The like did K. Edw. the 4th in 12º of his reign and K. Henry the 7th in 4º 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 4th bearing date at Westminster 23º 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 considering that many Towns and places situate 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 safeguard of the whole Country And considering that in this Marsh of Romeney 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 safeguard 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 adjacent 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 preservation 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 perpetually 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 called 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 iâ— Fee and perpetuity And that that they shall have a common Seal for their affairs and businesses relating to them the said Bayliff 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
Crowemere Iohn Westone and Richard Wakehurse had the like and to act according to the Law and Custome of this Realm And in 8 H. 4. Sir Arnald Savage Knight George Ballard Richard Clitherowe Stephan Bettenhamme Iohn Martyn Will. Elys Will. Notebem and Thomas Ikham were constituted Commissioners as aforesaid for the view and repair of those Banks c. lying betwixt West-Grenewyche and S. Margarets â—tte Clyve and to proceed therein according to the Law and Custome of this Realm and the Custome of antient time used in Romeney Marsh. In 10 H. 4. Sir Iohn Oldcastell Knight George Ballard Richard Clyderhowe Iohn Martyn and Iohn Urban were constituted in like sort for the view and repair of those Banks c. situate betwixt Grenewyche and Depford and to perform all things concerning that businesse according to the Marish Law till then used and Law and Custome of this Realm And in 12 H. 4. the said Sir Iohn Oldcastell Iohn Martin Iohn Urban Iohn Krepen Iohn Weston Walter Roo and Iames Dyngle for those betwixt Northflete and Grenewyche and to do all things therein according to the Law and Custome of England In 15 H. 6. Richard Bamme Reginald Pekham Iohn Bamburgh Iohn Chymbeham Rob. Reynold and Walter Groveherst for those in the Marshes of Dertford and Stone and in Swainescompe with power to make Laws and Statutes for the same according to the Laws and Customes of Romeney marsh and the Law and Custome of England As also to imprest as many Labourers c. upon a competent salary as might accomplish the work considering the great necessity in respect of the damage impending In 14 E. 4. Sir Edward Nevill of Bergenny Knight Iohn Abbot of Bermundsey William Abbot of Lesnes Wil. Hatteclyf Iohn Bromstone Iohn Grene Iohn Bam Roger Appiltone Rob. Ballard et Iohn Alfegh were constituted Commissioners for the viewing and repairing the Banks from West-Grenewich to Gravesend and to proceed in all things tending thereto according to the Laws and Câ—stomes of this Realm and the Custome of Romeney marsh The same year the like Commission was issued unto Will Abbot of S. Augustines in Canterbury Sir Edward Nevill of Bergavenny Knight Iohn Abbot of Lesnes VVill. Hatclyf Iames Haute Esquire Iohn Bromston Esquire Iohn Grene Esquiâ—e Richard Page Iohn Bavyn Roger Appeltone Roger Brent Iohn Alfegh VVill. Swan Robert Balard Roger Shelley Iohn Nethersole and Iohn Hurt for those Banks betwixt Wolwiche and Northflete and to act therein as aforesaid Howbeit notwithstanding these good Laws and Customes and the care of the Commissioners in seeing them put in execution such hath been the backwardnesse of some that for want of timely repair of those breaches which through the violence of the tides were made in the Banks of Plumsted Lesnes Erith the Marshes of Plumsted and Lesnes were not only suffered to be drowned but after several Taxes made for regaining of them and for making a new crosse wall from the Thames to the upland for inning of the said Marsh called Plumsted marsh and a certain number of Acres in the levell and Marshes of Lesnes and defending them from the overflowing of the water which entred at Erith breach and for further maintenance of the old Marsh-walls by the Thames side from the said new crosse wall nigh unto Wolwiche divers that were assest paying not their proportion the same Marshes and levell would have been irrecoverably lost had not the Bayliff of the Marsh and others by his assignment laid down the money For recovery therefore of the said Assessments and the better levying of such summs of money as had been before imployed for the inning and defence of those Marshes upon complaint made in Parliament in 22 H. 8. it was then enacted that the Bayliff of the Marsh should cause Proclamation to be made upon any Sunday afterward in the Parish Church of Plumstede for the payment of all such arrears of the said Taxes within xx dayes then next ensuing and that he who made payment of the same accordingly should be dischardged of his doubles otherwise not And if the said Tax and Doubles should not be paid by the Feast of S. Michael the Arch-Angel then next following that then every possessor or Tenant of any lands lying within the said Marshes or any other who would pay that Tax to the said Bayliff his Executors or Assignes might enter into the Lands and Tenements so assessed and hold the same to himself and his Heirs for ever except it should be redeemed within three years then next following And in 37 H. 8. upon the like complaint made in Parliament that the Marshes called the New Marshes Combe Marshes in the Parish of East Grenewiche were often in peril of overflowing through the neglect of some persons chardgable with the repair of those Banks which had antiently been raised for their preservation from that danger it was also enacted that all and every such person and persons as then were or which thenceforth should be owners of the said Marshes or of any parcell thereof should at all times after the end of that Session of Paliament pay and be contributory towards the reparation of the said Marshes from time to time after the rate of the Acre as other owners had before that time been chardged And that the Expenditors and Collectors or one of them from time to time when any Assessment or Tax should be had or made in that behalf to distrain the goods and Cattell of such persons that should refuse to pay after such rate and the same distresses to retain keep and use according to the Laws of Romeney Marsh in such behalf of antient time used But notwithstanding that care taken by the Act of Parliament of 22 H. 8. before recited touching the Marshes of Erith Plumsted and Lesnes it was represented to the Parliament in 5 Eliz. that there was a certain ground containing about two thousand Acres lying in the Parishes of Erith Lesnes and Plumstede before-specified which in former times were good Pasture grounds and meadows but by certain breaches within the space of xxx years then past laid waste by the inundation of the Thames And that one Iacobus Acontyus an Italian and servant to the Queen had undertaken at his own chardges the recovery thereof in consideration of a moytie of it for his chardges but that the Lords and owners thereof were many and had several kind of estates therein whereby their assents and good assurances could not be procured It was therefore enacted that the said Iacobus and his assigns and their Servants Factors Labourers c. should at the costs and chardges of the said Iacobus after the tenth day of March in the year MDLxii for the term of four years then next following inne fence aâ—d win the said grounds or any parcell of them And that having so won and fenced the same or any of them that he the said Iacobus and his
Will. Gascoigne Will. Thirnyng Iohn Cokayn and Robert Tirwhit for those betwixt Stratford atte Bowe and Reynham In 8 H. 5. to Richard Baynard Will. Cheyne Richard Rede and Iohn Cornewailles for those betwixt Stretford atte Bowe and Stretford Langthorn on the South part the Road between those Towns and the River of Thames By both which Commissions they were to act according to the Law and Custome of this Realm In 17 H. 6. to Iohn Bishop of Bathe and Welles Sir Raphe Crumwell Knight Iohn Fraye Nich. Dykson and others for those from Stratford atte Bowe to Horndone thence to Hokley and thence to Tollesâ—ery and Wybergh with power to make Laws and Statutes c. according to those of Romeney marsh and to do all things touching the same repairs according to the Law and Custome of that Marsh As also to imprest so many labourers c. for competent wages as should be needful for that work c. In 18 H. 6. to Sir Raphe Crumwell Knight Iohn Fray Robert Rollestone Clâ—rk and others for all those betwixt the town of Ware and the River of Thames upon the River of Leye In 26 H. 6. to Peter Arden one of the Justices of the Common Pleas and chief Baron of the Exchequer Sir Thomas Tyrell and Sir Maurice Bruyn Knights Iohn Bamburgh Iohn Lymyngton and others for those betwixt Portflete mylle to Reynham flete thence to Reynham Church thence to Wenyngton Church thence to the messuage of Thomas Bernerde and thence to Portflete mylle before mentioned In 30 H. 6. to the Abbot of S. Osithes Iohn Godmanston Esquire Iohn Grene Robert Tanfield and others for those in the Hundred of Tenderyng In 33 H. 6. to Sir Thomas Tyrell Knight Will. Notyngham Robert Heworth Will. Tyrell Esquire Mathew Hay Esquire and Will. Pert for those betwixt S. Katherines Chapel upon Bowe bridge in the Parish of West Hamme unto Est Tilbury In 34 H. 6. to Sir Thomas Tyrell Knight Will. Tyrell junior Esquire Iohn Grene Iohn Geney and others for those within the limits of Stratford atte Bowe to Horndone thence to Hokley and thence to Tollesâ—ery and Wyggeberghe In 1 E. 4. to Will. Notyngham Rob. de Heyworth Thomas Heytone Walter Wretille Esquire and Will. Pert Esquire for those from the Mill called Tempylmylle to the Chapel of S. Katherine upon Bolwebrigge thence to Horndone c. as in the last In 9 E. 4. to Sir Will. Tyrell Knight Thomas Urswyk Humfrey Sterkey and others for those Banks from Est Hamme to Horndone and thence as aforâ—said The like Commission for the Banks in those very places had Iohn Earl of Oxford Sir Will. Tyrell Knight Iohn Grene Thomas Urswyk and others in 49 H. 6. In 16 E. 4. Sir Thomas Urswyk Knight Sir Thomas Montgomerie Knight Sir Iohn Say Knight Iohn Elryngton Will. Alyngton and divers others were appointed to view and take order for the repair of all the Banks c. upon the River of Leye both above and below the Town of Ware unto it's confluence with the Thames And the next year following the said Sir Thomas Urswyk Peter Courtney Clerk Alured Corneburgh Esquire Hugh Bryce and others were in like sort appointed for those Banks from Bowe-bridge to Raynham In all which from 6 H. 6. the said Commissioners were directed to proceed according to the Law and Custome of Romeney marsh and to make Statutes and Ordinances for the regulating of all things touching those Banks Ditches Sewers c. in such sort as those are which concern that Marsh as by an Act of Parliament made in the same 6th year of King Henry the sixth they were impowred which Act continueth in force at this day Forbearing therefore to give instance in more particulars I shall cloze up this Chapter touching the Marshes of the before-specified County with what I have met with touching the levell of Havering and Dagenham at a Session of Sewers held at Romford xvi Maii 36 Eliz. before Sir Henry Gray Knight Sir Iohn Peter Knight Richard Warren Esquire and others where for the recovery of Havering marsh then overflown and drowned and preventing the like to Dagenham levell it was decreed that Dagenham Creek should be immediately inned and that whereas the said drowning had been occasioned by a breach in the wall of Will. Ayloff of Hornchurch Esquire he the said William to pay the summ of â—ive hundred pounds and the Land-holdâ—rs of Dagenham certain rates by the Acre for all their marsh grounds lying in the said levell viz. the Lands on Dagenham side against the said Creeks at CCLxvl. and the Lands in Havering levell the summ of DCCl Howbeit these Banks being not made strong enough to withstand those tempestuous storms and violent tides which hapned in the month of September An. 1621. viz. 19. Iac. Cornelius Vermuden Gentleman an expert man in the Art of banking and drayning being treated withall by the Commissioners of Sewers appointed for the view and repair of the breaches then made undertook the work and pâ—rfected it but such being the perversnesse of those as were owners of the Lands assessed by the Commissioners â—o undergo the chardge thereof that they neglected to pay their proportions thereof upon complaint therefore made to the said Commissioners he the said Cornelius in recompence of his chardges had parcell of the said Lands assigned unto him which assignation was by the Kings Letters Patents bearing date 1º Aug. 1º Caroli reciting the Act of Parliament of 13 Eliz. cap. ix viz. that where any person should be assessed by the Commissioners of Sewers to any lot and refuse or neglect to pay the same the Land to be leased or past in fee simple in recompence to the undertaker confirm'd to him the said Cornelius and his heirs CAP. XVIII HAving now done with the Marshes in Essex of which by reason of their adjacency unto the Thames I thought fit to take notice in this order as I have done I must according to my designed method return Southward and before I come to Sussex of it self observe what I have found touching that County and Kent promiscuously In King Iohn's time upon a sute betwixt the Archbishop of Canterbury Prior of Lewes Plantiffs and Rob. de Denton and others concerning certain Sea-banks in those parts Robert de Marti who was one summoned upon that businesse appeared and did put himself upon the men of the Archbishop in Mauling of the Earl Warren in Pidingho and Metinges for the repair of those banks in such sort as they ought and had wont to be A multitude of Commissions through the reigns of sundry Kings I do find upon this occasion whereof the most are in general terms for the view and repair of the Banks Ditches and Sewâ—rs in both those Counties but some do expresse particularly in what places unto all which I shall briefly point according to the
presently begin the same and finish it so as to make the grounds fit for Meadow Pasture or â—arable within the compass of six years from 1 Oct. following unless the Commissioners should approve the cause of deferring it any longer 2. That suddain overflowings in places remote from the Out-falls should not be adjudged a not Drayning nor Meers Lakes Pooles and Forelands left by Art and Approbation for Receptacles Nor any part of the ground out of which he was to have his proportion 3. That there should be 95000. Acres set out by six Commissioners respect being had to Commoners accommodations before Michaelmass then next following 4. That the Earl and his associates might be incorporated for ever to make Laws Ordinances and Orders and to have power over the lands assigned but no other towards the maintaining of the works 5. That the whole 95000. Acres should be lyable to the first finishing of the work and 40000. towards the maintaining and the 40000. to be subject in case of neglect to the Commissioners of Sewers 6. That when 30000. Acres should be finished the Earl to have his proportion out of it 7. That the private Indikes for partition be made by advice of the Earl and by direction of the Commissioners 8. That the Commissioners shall set out convenient High-wayes and passages by land throughout the Levell 9. Provided that the Port and Haven of Kings Lynne be preserved and the Navigation Passage and High-wayes in upon or about all the Navigable Rivers namely Ouse Grant Neene Welland and Glene to be preserved and no prejudice annoyance hurt or hindrance to be done to them And if any such prejudice annoyance hurt or hindrance upon complaint thereof and of the Commissioners whereof the Vice-Chancellour of the University of Cambridge ....... shall be 3. if they will be present to return abate ....... and amove all such prejudice annoyance c. so that the antient Navigation passages and High-wayes may be preserved 10. For the safety of Holland and Hundred of Wisbeche Clows Crosse Drayn to be kept within soyl or Banks and in case of any prejudice then six Commissioners to reform the excesses and the Earl to make recompence 11. That the new Rivers Cutts and Dreyns the Banks Forelands and inside of the Banks not exceeding 50. or 60. foot to be the Earles paying such recompence as the Commissioners should think fit the old ones to remain as they were 12. No passages upon the Banks but for the towing of Boats 13. That the Earl might take Earth dig Drayns and Cutts upon the lands next adjoyning making recompence 14. That the Commissioners should assist the Earl to suppress ryots insolencies and disturbances 15. Such as should receive benefit by the work and yet no parties to it if their land be taken within the allotment of the 95000. Acres to pay to the Earl as the Commissioners shall assess upon pain to forfeit double 16. That the Earl might hold the 95000. Acres in free socage at xl per annum fee ferm and if any other Rents be issuing that pay be charged upon other lands 17. That the King should release any benefit which by the Law of Sewers made 19. Iac. or by any other law might accrue to him and approve of this Law and that it may be confirmed by Decree in Chancery and Council of State and by Act of the next Parliament 18. That 12000 of the 95000 acres be assured to the King for his Royal assent and laid out upon the lands belonging to the Manour of Whittlesey and the Marshes there adjoyning 19. And that for allotments out of small parcels lesse than 30 Acres there the Earl to divide and accept what 6 Commissioners should assess These things being thus setled the said Earl taking in divers Adventurers as Participants with him therein they cast the whole so allowed for their recompence into twenty parts or lots each lot consisting of four thousand Acres whereof himself was to have three shares or lots Oliver Earl of Bullingbroke one Edward Lord Gorges one Sir Robert Heath Knight one Sir Miles Sandys Knight and Baronet two Sir William Russel Knight and Baronet two Sir Robert Bevyll Knight one Sir Thomas Terringham Knight two Sir Philibert Vernat one William Sams Doctor of Law one Anthony Hamond Esquire two Samuel Spalding Gent. one Andrew Burwell Gent. one and Sir Robert Lovet Knight one And thereupon he the said Earl and those his Participants did by Indenture of fourteen parts covenant with each other that if any one of them or their assignees after notice should fail in the payment of such moneys as from time to time should be imposed on them in pursuance of that agreement for carrying on the said work that then it should be lawfull to and for the rest of the said parties or their assignes to supply the same or to admit some other person or persons to have the share of such defalture paying the sum imposed on the said share and that all such parties as aforesaid by himself or his assignes so failing should be wholly excluded and for ever debarred from demanding or receiving all or any such sum or sums of money as any such person or persons had formerly disbursed for and towards the said undertaking VVhich agreement so made the said Earl and his Participants or such unto whom several proportions of those lots or shares were by them assigned began the work and in order to the carrying off the superfluous water wherewith the Level was so much annoyed caused these several Chanels to be made viz. 1. Bedford River extending from Erith to Salters lode Lxx foot wide and xxi miles in length this being intended for taking off the high flouds from the River of Ouse having at each end thereof a Sluse of great strength 2. Sam 's Cut from Feltwell to Ouse being about six miles in length and twenty foot in bredth 3. A Cut to drain the River of Mildenhall in Burntfen neer Litleport two miles long and fourty foot wide 4. Bevill's Leame being a Cut from Witlesey meer to Guyhirne about ten miles in length and xl foot in bredth 5. Morton's Leame before-mentioned new made 6. Peakirk Drayn ten miles in length and 17 foot in bredth 7. New South Ea from Crowland to Clows crosse 8. Hill's Cut neer Peterborough about two miles in length and 50 foot in bredth 9. Shire Drayne from Clows crosse to Tyd and so unto the Sea Moreover besides these Cuts and Drayns he caused two Sluses to be made at Tyd upon Shire Drayne to keep out the Tides as also a Clow at Clows Crosse for the fresh water And likewise a great Sasse on Welle Creeke with a Stone Sluse at Salters lode upon Bedford River to keep out the Tides and Sluses at Erith for the fresh But above all that great Stone Sluse below Wisbeche at the Horshoo to hold the Tides out of Morton's Leame which cost about eight thousand pounds And to the end they