held when and as often as there might be occasion by the summons of their Bayliffs The manner of choosing the Bayliff Likewise it was decreed and ordained that the said Iurats Collectors and Expenditors chosen constituted and directed as aforesaid should be Bayliffs Iurats Collectors and Expenditors in form aforesaid And that if and as often as any of the Bayliffs xxiiij Iurats Collectors or Expenditors of and in the said Lands and Marshes within the before-mentioned limits except before excepted for the time being should decease or be removed from his Office that then in the room of the said Bayliff so deceasing or removing another of the Landholders and residents within those Lands and Marshes except before excepted to be chosen and constituted by the common assent of the Lords of the Fees having authority there for that time or by their Attornies And where the greater number of them should consent the said election to stand in the said principal and general Last to be held in form aforesaid unlesse upon necessity or cause reasonable any of those Bayliffs for the time being should sooner within the same year be removed and that it were expedient before the said principal and general Last ought to be held in form aforesaid that another were put in his place and that then an election be made of a Bayliff in form aforesaid in any other Last as aforesaid to be held So likewise in the stead of any of the said xxiiij Iurats Collectors and Expenditors so deceasing or removed from his Office as aforesaid another of the said Land-holders and residents to be chosen and constituted so that the said election be made by the said Lords of the Fees and Bayliffs and ten or eight of the Iurats aforesaid out of the most trusty discreet and wealthy Land-holders within those Lands and Marshes except before excepted The Penalty of the Bayliff elected not consenting thereto Also it was decreed and ordained that if the Bayliff so chosen should be present and would not undergo and take upon him the said Office or should refuse to take his Oath in that behalf that for such his refusall he should be amerced in xls. to be levyed of his Goods and Catalls Lands and Tenements wheresoever they should be within the County of Kent to the common benefit reparation and maintenance as aforesaid and other things to be performed by the said Bayliffs and then that forthwith there be a new election of a Bayliff made in the said Last in form aforesaid instead of him that so refused who should take his Oath in manner before specified and undergo the Office How those that are absent in the general or principal Last ought to be amerced Also it was decreed and ordained that if any one of the said xxiiij Iurats should make default in any such general and principal Last to be held in form aforesaid unlesse he had a reasonable and allowable excuse he should be amerced in xijd. to the common profit aforesaid to be levyed by the before-specified Bayliffs The penalty of the Collectors Jurors and Expenditors not submitting to their election Also it was farther decreed and ordained that if any one being of the before-mentioned xxiiij Iurats Collectors or Expenditors in form aforeâ—aid who did refuse to accept of the said Office and to take his Oath on that behalf he should be amerced in xxs. to be imployed to the benefit aforesaid and to be levyed by the said Bayliffs and forthwith another made choice of in his stead in form aforesaid And if the said Iurats should be summoned within those limits except before excepted to be at the said several or special Last to be held in form aforesaid where at the least eight or ten did not come so that such Iudgements and Decrees for the safeguard of the said Lands and Marshes except before excepted could not be made for want of a greater number of the said Iurats so absent that then every one of the said Iurats so absent to be amerced in vid. to the common benefit aforesaid to be levyed and expended by the Bayliffs of those Marshes Of which said amerciaments and other the like above specified the said Bayliffs to make accompt for in the said principal Last in form aforesaid The receiving of double by the Bayliff Also it was decreed and ordained that the said Bayliffs for the time being should have for their pains the doubles so to be levyed which did happen to be assessed and gathered in their times to be equally divided amongst them The penalty of hindring the Bayliffs so that they dare not exercise their Offices Also it was decreed and ordained that if the before-specified Bayliffs chosen as aforesaid or to be hereafter chosen were hindred by any so that they being elected durst not undergo and exercise that officeâ— that then such hinderers to be severally punished by the Electors of the said Bayliffs in such sort as any of the said Bayliffs elected should be punished in case he refused to take his Oath and undergo that Office In what sort he that is absent and chosen Bayliff ought to be compelled to receive his Office Also it was decreed and ordained that if it should happen that either the persons chosen or to be chosen Bayliffs in form aforesaid to be absent at the time of such their election that the parties so chosen should be forthwith distrained by the said Iurats for the time being or some of them by all their Goods and Catalls which ought to be impounded in certain places for that purpose to be assigned and there detained untill they did repair to the Archbishop of Canterbury the Prior of Christs-Church in Canterbury or the Abbot of Robertsbrigge for the time being or some one of them and accept of the said Office and take their Oaths thereupon and upon this did bring the Letters of the said Archbishop Prior and Abbot or one of them sealed unto the preceding Bayliffs or the said Bayliffs being dead then unto two of the said xxiiij Iurats and this within six dayes next after the said distresse so taken otherwise to be punished as is before expressed of the said Bayliffs so refusing and then to be a new election at some other Last there to he held In what sort the Collectors and Expenditors should render an Accompt of their Receipts It was also decreed and ordained that at both of the said principal and general Lasts yearly all the Collectors of all the precedent general assessments within the limits aforesaid except before excepted and the Expenditors of whom mention is before made should make their Accompt before the Lords of the Fees above-specified or their Attornies in case they be present and before the the said Bayliffs and those of the said Iâ—rats and Commonalty of the said Lands and Marshes within the precincts aforesaid except before excepted and the said Accompt to be made in writing by Indenture betwixt them and the said Bayliffs Iurats and
Commonalty And in like manner at either of the said principal and general Lasts there should be yearly made an Accompt of the Bayliffs aforesaid before the said Lords of the Fees or their Attornies if they would be present thereat and before those of the Iurats and Commonalty as would also be there present viz. of those things whereof it should happen or concern the said Bayliffs to make Accompt that is to say to be made by Indentures betwixt them the said Bayliffs and the said Iurats Commonality The Oath of the xxiiij Jurats It was likewise decreed and ordained that every one of the said xxiiij Iurats to be elected in form aforesaid should swear that he together with his Fellows would make right Iudgements Decrees and Awards not favouring any rich or poor aswell for making distresses and assessing of Taxes as of the Banks Land waters Water-courses Sewers Ditches Gutters and Bridges to be made repaired and maintained or taken away and of all other impediments whatsoever within those limits which should happen to be removed and for punishing offenders And it was farther ordained that the said xxiiij Iurats should make exercise and perform and have full power and authority in making exercising and performing all and singular the things specified in the said Oath to be by them done exercised and performed That the xxiiij Jurats be observant to the Bayliff Also it was decreed and ordained that the said Iurats or three or two of them should attend the Bayliffs for the valuing and selling in places accustomed or that should be thereafter assigned for that purpose the distresses taken and impounded for three dayes at the most and that they should cause to be enrouled all Iudgements Decrees and Awards by them made and cause Indentures thereupon to be made betwixt themselves and the said Bayliffs for the time being The Oath of the Collectors and Expenditors It was also decreed and ordained that the Collectors and Expenditors to be chosen as aforesaid should swear that they would faithfully levy collect expend and Account in form aforesaid for all Taxes assessed or to be assessed before the said Lords of the Fees and by the said Bayliffs and ten or eight at the least of the Iurats aforesaid according to their Ordinance And the like observance to be made in all Sewers within the before-specified limits except before excepted before the Lords of the Fees touching every such Sewer if they would be present thereat And it was ordained and decreed that the said Collectors and Expenditors should make exercise and perform and have full authority and power of making exercising and performing all and singular the things specified in this Oath to be done exercised and performed The Oath of the Bayliffs and executions to be made by them It was also decreed and ordained that the said Bayliffs chosen or to be chosen as aforesaid should swear to make faithfull execution of the Iudgements and Determinations of the said xxiiij Iurats ten or eight of them and of those things which did or should belong to them to judge determine and award And that the said Bayliffs in their proper persons should chardge all the Collectors aswell of the general Assessment as of the several as aforesaid upon their Oaths that they should faithfully levy collect expend and accompt for the same And that the same Bayliffs in their proper persons should take view of all the Banks Water-gangs Sewers Gutters and Bridges within the before-specified limits except before excepted as often as need required at least twice in the year viz. once in the moneth of January and again in the moneth of May. And that they at the going out of their Office should deliver unto their successors all the evidences in their custody that is to say the Charters of the Kings of England if they had any such in their hands the Ordinances and Statutes of the Lands and Marshes within those limits before-specified except before excepted the Copies or Exscripts of the said Statutes and Ordinances the Roules of Iudgements Considerations Decrees and Awards of the said xxiiij Iurats ten or eight of them and the Rents with all the processe of Accompts of the Bayliffs Collectors and Expenditors whatsoever had in their time And it was also decreed and ordained that the same Bayliffs should do exercise and perform and have full power and authority of doing exercising and performing all and singular the things specified in this Oath which were for them to be done exercised or performed That Damms or Fords be not made It was likewise decreed and ordained that it should not be lawful to any one for the future in the said Lands and Marshes within the limits aforesaid except before excepted to make Dams or other impediments in any Lands or Land-eas Water-gangs Ditches or common Gutters there whereby the common course of the waters might in any sort be hindered or any publick damage grow there and if any such thing were done and the same witnessed by the said Bayliffs and six of the said xxiiij Iurats the party delinquent be amerc'd and the amerciament levyed by the said Bayliffs to the common profit aforesaid And moreover if any other than the Commonalty of those Lands and Marshes within the said limits except before excepted did receive prejudice therein he should make satisfaction to the party wronged at the discretion of the said Bayliff and six Iurats aforesaid That the Taxes Assessed be proclamed It was also decreed and ordained that every Tax assessed in the said lands and Mar within those limits except before excepted be publickly proclamed in certain places there and that the dayes and place of payment be thereupon assigned and proclamed to the end that ignorance may excuse none when and where within the precincts aforesaid those Taxes ought so to be paid The buying of Acres It was also decreed and ordained that every Acre in the said Lands and Marshes within the limits aforesaid except before excepted being necessary for the Banks in-Ditches and Water-gangs to be therein made should be bought for xls. and measured by a rod of twenty foot And that if before that present Friday any Bank called a See Wall should be raised within those Lands and Marshes except before excepted upon or of any mans land there or that any Forland or in-ditch should be made for the defence and safeguard of the said Lands and Marshes except before excepted from the peril of the Sea and that it were fit or expedient that the said Bank Forland or in-ditch for this defence and safeguard to be longer maintained and kept so that the Land-holdeâ— upon whose ground that Bank was raised or where the said Forland or in-ditch were made could not occupy the said Land and receive his peculiar profit thereof and that such Tenant had never any satisfaction for the said Land it was decreed and ordained by the consent abovesaid that the same Bank Forland and in-ditch should be raised and kept
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
said Banks and Water-gangs whereupon he required judgement And he also said that after the said Ordinance the said Godfrey and his Tenants gave one Mark towards the repair of the said Banks and Water-gangs before 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-specified 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 afterwards 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 others 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 after Easter by whom the truth might be the better discovered to enquire whether the said Godfrey and his Ancestors after they had their land of Hurst of the gift and grant of the before-mentioned 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 require Whereupon the said Godfrey by a certain Ordinance in which he acknowledged 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 Bayliff of the said Marsh as they the said Hamon and Iohn did affirm yet he apâ—pealed whether himself or his Ancestors 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 Precept as above-said was amerc'd and another VVrit directed to him to summon 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 according to the Record and processe upon the before-specified Plea VVhereupon 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 determined that all they that had lands in the said Marsh ought to contribute according to the proportion of their Tenements 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 Judgement a farther day was given viz. until the xvme 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 xvme of S. Michael in xliijo H. 3. the said Godfrey came and withdrew his processe against the said Hamon and others therefore 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 neighbours according to the quantity of their land as it was the Custome of the Country without any contest or contradiction for ever And that the said Hamon granted and became obliged for himself and the rest that he would make a due accompâ— before the xxiiij Jurats chosen by the Country touching the distresses and Catals 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 repairs according to the proportion belonging 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 premised 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 arrerage from the beginning of the sute till that present time according to the view and estimation of the before mentioned xxiiij Jurats of the Country The next thing memorable touching this Marsh is that King Edw. the first by his Letters Patents bearing date at Westminster the xxth of Novem. in the xvith year of his reign granteda commissioÌ„ to Iohn de Lovetot Hen. de Apuldrefeld 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 Tenements there and had or might have defence 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 proportion of what they held for the necessary repair of those Banks and Ditches as often and where there should be need so that no man of what condition 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 execution 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 favourably introduced notwithstanding And that of their transaction in this imploymâ—nt they should distinctly and plainly 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 persons 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 enquired into and known By virtue of which Mandate the said Shireeve was required to summon the xxiiij Jurats of the Marsh of Rumenale and all the Lords of the Banks of the same Marsh as also such and so many honest and lawful men of all the
the end that they might not get their ships back who discerning what was done left them and fled towards Severne That which is here called a Castle is supposed to be some Fort made at or neer Hartford situate upon the Bank of this River for before the tides were kept back at Stratford Bowe by a large Sasse there made to keep the levell above it from drowning no question but that they flowed above Ware and brought up small Vessels neer to Hartford there being betwixt Ware and Hartford a Hill which to this day beareth the name of Shipman's Hill and a tradition of the Country people that ships did in antient time lye at Anchor in that Valley The first mention wherewith I have met concerning the Marshes of Essex is in King Iohn's time Roger de Crammavill being then attached to shew cause why he did not stand to the determination made in the said King's Court by a Fine betwixt himself and the Prior of S. Iohns of Ierusalem touching the Banks Gutters and Ditches to be made in Renham marsh at which time the said Prior produced the before-mentioned Fine so made betwixt them which testified that the said Roger did then agree that he and his heirs would make and repair those Banks c. according to the proportion of his Land in that Marsh so that every Acre which the said Roger did possess should be taxed as those that belonged to the Prior. And the said Roger came and acknowleged the agreement and justified that he had fully made those Banks according to what belong'd to his Tenement and thereupon put himself upon the view of those who knew the Laws of the Marsh. Upon complaint made to the King in 8 E. 1. by the Abbot of Stratford that whereas he did use yearly to repair the Banks and Ditches of the Marshes of West-Hamme as often as need required for the preservation of his Lands and the Lands of his neighbours lying within those Marshes againts the over-flowings of the Rivers of Thames and Luye and that his said neighbours did neglect to do the like for what belong'd to them the said King directed his Precept to the Shireeve of Essex commanding him to distrain all those that were faulty therein to the end that the said Abbot might have contribution in that behalf In 15 E. 1. Iohn de Lovetot and Will. de Lamburne had Commission to view and repair the Banks and Ditches in this County upon the side of Thames and parts adjacent then in decay and to enquire through whose default they became so ruinous In 20 E. 1. the Abbot of Stratford made a new complaint to the King in the like manner as abovesaid Whereupon the said King required the Shireeve to distrain all those who were obliged to such repair of their Banks and Ditches and had not accordingly done their duty therein as also those who did refuse to contribute to the said Abbot according unto their due proportions In 31 E. 1. Walter le Baud Richard de Perneford and Iohn de Dovor were assigned to view and repair the Banks Ditches c. in this County and those at Wolwyche in Kent The like Commission had Iohn le Bretun and Will. de Wauton in 34 E. 1. for those in Essex only Several other of the same kind for this County only were in King Edward the second 's time viz. to H. Spigurnell Iohn de Dovor and Iohn de Malegraffe in 3 E. 2. To Walter le Baud Will. Fitz Robert and Iohn de Norton in 6 E. 2. To the same William Henry Gernet and Thomas Dakenham in 7 E. 2. To Will. de Hanyngfeld Iohn le Burser and Thomas de Ultyng in 8 E. 2. To Nich. Frembaud Henry Gernet Iohn de Davor and Richard Bastard in 9 E. 2. In 14 E. 2. Henry Grene Iohn de Dovere and Thomas de Chene had the like Commission for the view and repair of the Banks c. at Renham Benington and Alvitheley In 17 E. 2. Iohn de Doure Robert de Ashele and Nich. de Scotford the like for all the Marshes upon the Thames in this County So also had the said Iohn Iohn de Wydefeld and Walter de Hegham for the Banks c. betwixt Stretford atte Bough and Est-Tilbury and the parts adjacent In 18 E. 2. Iohn Boteler and Iohn de la Hay were appointed to view a certain Causey betwixt Maldon and Hebrugg under which through an arch the fresh waters had used to run into the Sea which waters were then stopt And likewise to view and repair the Banks c. in the Marshes of Esthamme in Essex and Wolwiche in Kent So also in 5 E. 3. had Robert de Rochford and Will. de Stanford for all the Banks c. within the Hundreds of Densey and Rochford In 10 E. 3. Henry Gernet and his fellow Justices assigned for the view and repair of the Banks c. on the Coast of Thames in this County sate at West Hamme on Wednesday being the Feast of S. Edmund the King where the Prioresse of Stratford made complaint before them that Will. de Masun Bayliff of the Marsh of Westhamme had distrained her for Cs. for the repair of a certain Bank called the Prior's Wall for she said that she neither had nor held any land nor ground in the said marsh for the which any wall ought by her to be repaired and therefore required judgement But she said that one Iohn de Covele long ago viz. in the time of King Henry the third held in the said Marsh as of the fee of Muntfichet which then belonged to Sir Iohn de Handlo fifty acres of land together with the said Bank then called Coveles Wall and a certain piece of Pasture called the Hope lying neer the said Bank without the precinct of the said Marsh viz. between the same Bank and the course of the River of Thames which land together with the said Bank of Hope were before that time ever assessed together for the repair of that Bank whensoever it stood in need And the said Iohn de Couele being so seized aliened the said Bank and Hope to Robert le Ku to hold to him and his heirs for the repairing and maintaining of the said Bank for ever the said Hope then being sufficient for the Pasturage of six Kine as it was reported And afterwards the said Iohn de Couele long before the Statute entituled Quia emptores terrarum sold the said Land by parcells to divers Tenants to hold to them and their heirs of him the said Iohn and his heirs for a certain yearly Rent and sute of Court to be thereupon performed And afterwards the said Iohn did wholly sell from himself and his heirs all the demesn of the before-specified Tenements together with the whole Rent and service which he had wont to receive of his said Tennants unto one Simon de
the said King the parties before-specified besought him that whereas that obstruction had been made by the appointment of those Justices he would please to supersede the taking thereof untill the complainants could shew forth their right as they ought to do The said King therefore being willing to do right in the premisses required the Treasurer and Chamberlains of his Exchequer that they should under the Exchequer Seal send unto him the Inquisitions so taken before the said Will. Howard and his associates as aforesaid together with the whole process thereupon upon the xvth of the holy Trinity then next ensuing all which were at that time in the Treasury of the said Exchequer under their Custody And commanded the Shireeves of Norfolk Suffolk and Cambridgshire to make Proclamation within their liberties that every person concerned in the premisses should then and there appear to answer what might be proposed to them if they thought fit and to folicite for further Justice therein And lastly forbad the said Geffrey and his fellow Justices to receive the said Inquisition By virtue of which Precept the Jurors for the Counties of Cambridge and Huntendon were respited untill from the xvth of the holy Trinity following because none of them appeared and therefore the Shireeve was to attach them And because the Shireeves of Norfolk and Northampton returned that their Writs came so late unto them that they could do nothing therein and the Shireeve of Lincolnshire made no return at all therefore other Writs were sent unto them requiring each of them to bring xxiiij honest and lawfull men c. at that time prefixed and in the interim the said King dispatcht his Writ of Certiorare to the Treasurer and Chamberlains of his Exchequer commanding them that they should forthwith send unto him under the Exchequer Seal the said Inquisitions so taken before the before-specified Will. Howard and his associats as aforesaid Which Writ of Certiorare beareth date the xviiith day of February in 5 E. 3. But the said Treasurer and Chamberlains of the Exchequer made return that having sought amongst their Rolls they could not find any such Inquisition Ordinance or Decree touching the obstruction of that water Whereupon the King signified as much to the said Geffrey le Scrope and his associats and not long after issued out a writ to the Shireeve of Norfolk whereby having advertised him of all proceedings in that business he commanded him to make publick Proclamation within his Liberties where he should think fit that all such persons who were concern'd therein should attend the said King at a day and place assigned to make their proposals touching that business if they thought iâ— meet as also to solicite for further Justice there And to make return of his doings therein a Month after Easter ensuing Which Writ beareth date upon the 18th of February in the year before-mentioned By virtue whereof the said Shireeve of Norfolk viz. Thomas de Hindringham thus answered that he made return of the same Writ to Iohn Bosse of Kenynghale Bayliff of the Bishop of Elye's liberty who said that he did make Proclamation accordingly and found no man gain-saying ot finding fault with that Dam but that the said passage was as commodious as it had wont to be And that he did give notice to all the Noble-men of those parts that they should appear at the same day specified in the writ before the said King to render their reasons if they thought good And the said Shireeve did also give advertisement thereof to Will. de Whetacre Steward of the Liberties for the Town of Lenne who had return and Execution of writs Which William answered that he did cause Proclamation to be made thereof in the full Market of that Town upon Tuesday in Easter week in the same year with advertisement that all those whom the said obstruction might concern should attend the said King likewise at the time before expressed to manifest their reasons in that business The like Writs did the said King send to the Shireeves of Suffolk and Cambridgshire Which Shireeve of Cambridgshire scil Will. le Moigne made return that he did cause the like Proclamation to be made as abovesaid viz. that all those whom the said obstruction did concern should attend the said King upon the xvth of the holy Trinity to set forth their right c. And because that the King received information before the said xvth of the holy Trinity that the before-specified Edmund Peverell dyed and that Elizabeth his Wife did jointly hold the said Mannour with him the said Edmund he issued out another Writ to the said Shireeve of Cambridgshire whereby after recitall of the whole business he required him to summon the said Elizabeth to appear upon the said xvth of the holy Trinity when Inquisition was to be taken thereof to propose what she could touching her right then in question Which Writ beareth date the xijth of May in the year abovesaid And upon the same xv of the holy Trinity the said Shireeve making return of his Writ there came Adam de Fincham the King's Attorney and likewise the Jurors for the said Counties of Norfolk Cambridge Huntendon Lincoln and Northampton But neither did the said Elizabeth nor any of the Marshland Land men nor of the Counties of Norfolk Suffolk and Cambridge having Lands thereabouts make any appearance at all Whereupon the said King sent another Writ to the before specified Geffrey le Scrope his associats requiring them without farther delay to proceed to the taking of the said Inquisition upon the same xv of the holy Trinity Which VVrit bears date the xii of May in the year abovesaid At which time the Jurors for the County of Norfolke impanelled and sworn did say upon their Oaths that Walter de Langton â— sometime Bishop of Coventre and Lichfield did for the Drayning of his Mannour of Coldham about one and thirty years then past cause a stop to be made at Outwell of the before-mentioned water by reason whereof those men who had occasion to go with Ships and other Vessels laden with Goods and Merchandize from Holme Yaxley and other parts thereabouts unto the Port of Bishops Lenne in Norfolk as also such as had a mind to return directly from thence to Peterborough and the parts aforesaid could not passe with their Ships and Vessels as antiently before that stop was so made they had used to do but were forced to go a long way about viz. by Old Wellen hee and Lyttle port which in going to and fro is fifty miles and more whereby Corn Timber Wool Reed Turf Stone and other Commodities were the dearer and so likewise were Fish Herings and other Victuals by reason of that circuit to the damage of the Inhabitants of Norfolke CCl. every year And being asked in whose soyl the said stop was so made at first they answered in the Kings soyl and said that the Common Road passage for ships and Boats had wont to
c. Whereupon complaint being made unto Mr. Justice Gawdy and other Commissioners of Sewers sitting at Sechie in Com. Norff. xi of April last past it was by them ordered 1. That the said Turks banke should be presently cut 2. That Small lode London lode and Mayd lode be sufficiently scoured by the Inhabitants of Welle and the Londoners 3. That Mayd lode be made xxx foot wide at the mouth xxv and xx foot at the Sluâ—e with Sluses to carry it and five foot in depth and so to be maintained by the Londoners as need shall require Whereupon on May day following the said Bank was cut in many places by reason whereof the water ran so forcibly through the said Cuts that for the space of x or xii days after it sucked in divers Boats and Vessels passing that way And it was farther presented that a little without the upper end of this Bank there hath been a Crest for people to travel on from Welney to Welle in the Summer time when the waters are down for which cause the said Church-path being about fifty years past made of more strength and height than in former times by one Mr. Beaupre the same was not long after cut down in many places by the expresse command of Bishop Goodrick then Lord Chancellour of England and Bishop of Ely In 44 Eliz. there was an Agreement bearing date the xx of March made by Indenture between Sir Iohn Peyton Kâ— Dame Dorothy his wife and Edmund Bell Esquire then owners of the Mannour of Upwell Iohn Richardson and divers others who were at that time the major part of the Commoners and Inhabitants of Upwell aforesaid and Iohn Watts Citizen and Alderman of London Sir William Cokain of London Skinner and others for the drayning of divers Fenny VVasts and Commoâ—s containing about three thousand acres lying in Upwell between a certain Drayn called London lode towards the North Maiden lode and Ship lode towards the South and towards the VVest adjoyning to and upon the Causey-bank extending from London lode to Welney and towards the East upon Denver Common for drayning and maintaining whereof they were to have conveyed unto them their heirs and assigns one full moytie of the said wasts Whereupon with the expence of great sums of money they did accomplish the work and accordingly had the said moytie thereof set out for them which they enjoyed for divers years till about the latter end of King Iames his Reign that the Fen-waters broke their Banks and drowned all again the Country people then turning the Adventurers out of their possessions which they kept till Francis late Earl of Bedford beâ—ame the principal undertaker for draining of the whole great Levell and did perform the work But afterwards his said drayning meeting with some disasters the whole Levell became totally surrounded again and so continued untill William Earl of Bedford and his Participants did in the year 1649. undertake to drayn it anew which in four years time he perfected as I have elswhere more fully shewed VVhereupon Sir Iohn Watts Knight and some others who claimed under the first undertakers before-mentioned were restored to the possession thereof At a Session of Sewers held at King's Lynne 1. Octob. 7 Iacobi before Sir Raphe Hare Sir Thomas Hewar and Sir Henry Spelman Knights Iohn Reppes Thomas Oxburgh Thomas Athow Rob. Gawsell and Richard Bachcroft Esquires and others it was ordained that the Decree made for the drayning of Needham fen and Buriall field the tenth of October 31 Eliz. should be confirmed in all points and an Acreshot of xd. the Acre imposed for the speedy redress of all defaults in the said Drayns Banks c. Certain Observances made upon the Marshes below the 4 Cambridgshire Gotes of the outfall of Wisbeche River and certain Creeks there with their Sands and Deeps by Richard Atkins of Utwell Gent. in June 1605. WIsbeche Chanel falleth from the 4 Gotes Eastward down by Walpole Marshes on the East and South to Crosse-Keys Corner alias Gates-end Corner and from thence passeth towards Tirington Bank leaving to the Southward an high Skore of Clay the only preservative of the Town And when it hath run East as low as against the Beacon then doth it turn flat North under the Sand called Tirington brest lying on the East of the Chanelâ— and so continueth Northwards by the said Brest by the space of 5 miles and there falleth into Blow deepe It is to be observed that upon every flow there commeth from the North out of Blow-deepe a Tide which runneth along Tirington brest on the East side and a Sand called the Thief on the West And out of the West from a Chanel called the Maids Eye commeth another tide and both these do meet within a mile of Tirington banks and so meeting do make great Seas there And many times when the wind is at West or North the Seas rise there higher than they do ten miles off at Sea These two Tides thus united with violenâ—e run right upon Tirington banks and but that God of his mercy hath there placed a Skore of Clay containing not above a furlong in bredth the Bank could not in man's reason stand the next 3 Tides This Skore of Clay by the fretting of the Sea dayly wasteth and the people of the place not understanding what a defence it is to their Banks continually bear away the same to the repair of those Banks never foreseeing their destruction if that Skore of Clay were once gone and the Sea at the ordinary depth of his Chanel suffered to come to the foot of the Bank Where Mayds Eye meeteth with Tirington deep at the very entrance thereof at a dead low water it exceedeth not 5 or 6 foot deep at this day and it hath been observed that in a great drought the whole mouth thereof of hath been stopped with sands but upon the next great fresh that hapned all those sands have been removed and the Chanel grown to the old course again Here is a special observance to be made Qui habet intellectum attendat Decursus namque aquae dulcis viam praebet marinae Oceanus interim ex duobus his canalibus aestuans fossata marina alatrandâ— alluendo inundando lacerando saepissimè gravissimeque ita excercet ut deficientibus aggeribus de quibus malè sustentatis multùm doleo de finali perditione dissolutione partium adjacentium verisimiliter quod absit formidatur nisi Hinc nascitur periculum onus illico acquirendum est remedium salus Homines verò patriae cum plerique inertes sint hebeti ingenio in se invicem nuper pro fossatorum sustentandorum oneribus obruentes de remedio ex sublatâ causâ ne somniare quidem possunt sed nec ingeniosos inertiamque suam desidiosam exosos inter se vivere vix sustinâ—re possunt The head of the 4 Lincolnshire Gotes is preserved especially in Summer by two great Finns brought
The next year following Richard VVakeherst VVill. Bertyne Thomas Betenham Thomas Hordene VValter Colepeper and Iohn Derham had the like appointment for the Banks c. betwixt Smalhithe and a certain place called the Pendynge and likewise betwixt Farnehille and a Bank leading from Mayteham to Pendynge aforesaid in the Parishes of Tenterden and Rolveldene with power to make Statutes and Ordinances for the preservation of those places according to the Law and Custome of this Realm and the Custome of Romney marsh As also to take so many Diggers and Labourers in respect of the instant necessity as should be needful for that work In 28 H. 6. VVill. Kene Esquire Iohn Bamburgh Stephan Slegge and others were in like fort constituted Commissioners for the view and repair of those Banks c. betwixt the Town of Redyng and Redehille thence to Huntebornebrigge thence to the up-land of Bregge and thence to the said Town of Redyng in the Parishes of Tenterden Apuldre and Wodechirche and to make Statutes and Ordinances c. as abovesaid In 13 E. 4. Sir Iohn Fogge Knight Sir Will. Haute Knight Roger Brent Iohn Fyneux VVill. Brent Iohn Nethirsole and Iohn Hert were in like manner appointed for those Banks c. betwixt Tenterdene and Lyde as also to make Laws and Ordinances c. as abovesaid In 14 E. 4. the King having received advertisement that the Banks Ditches c. lying on the Sea-coast and Marshes betwixt Robertsbrigge in Sussex and the Town of Romney in this County of Kent were by the raging of the Sea and violence of the Tides much broken and decayed to the great damage of those parts and being therefore desirous that some speedy remedy should be used therein did by his Letters Patents bearing date at Westminster 16º Iulii in the year abovesaid constitute Sir Iohn Fogge Sir William Haute and Sir Iohn Gilford Knights and Iohn Elryngton Iohn Brumston Henry Auger Will. Belknap and Robert Oxenbregge Esquires as also Bartholmew Bolney Roger Brent Iohn Fyneux Vincent Fynche Iohn Nethersole and Iohn Hert his Commissioners giving power to any four three or two of them whereof the said Bartholmew Roger Iohn Fyneux Vincent Fynche Iohn Nethersole and Iohn Hert to be one to take view of the said Banks c. and to enquire upon the Oaths aswell of Knights as other honest and lawful men of the before-specified Counties aswell within Liberties as without by whom the truth in the premisses might be the better known through whose default these damages had there hapned and who they were that had Lands and Tenements or common of Pasture or Fishing in those Counties or had or might have preservation and benefit any manner of way by those Banks c. or losse for want of them aswell those that were remote as those that were neer to the danger and to distrain all such according to the quantity of their Lands and Tenements or number of Acres or Carucates proportionable to what they held and so likewise for their common of pasture or fishing and together with the Bayliff of the Liberties and other places of the Counties and parts aforesaid for the repair of those Banks Ditches Gutters and Sewers and to make them or some of them new where need should require And likewise for clensing the Trenches and if cause were to stop them up so that no favour should be shew'd to any person whatsoever rich or poor or of what state degree or dignity soever who might have advantage by the said Banks or detriment for want of them And moreover to make agistments upon the Sea-Ditches for the safeguard of those parts according to the number of acres or perches and as often as it should be needful to renew them And likewise to depute certain diligent and faithfull Guardians for the preservation before mentioned and to hear the Accompt of the Collectors of moneys which were to be levyed for that occasion and for the repair of the said Banks or obstruction of those Trenches And that they the said Commissioners or any four three or two of them whereof the said Bartholmew Roger c. to be one to take distresses either by themselves or others whom they should think fit to depute for that purpose for the arrerage of what ought to have been Collected as often as need should be And also to make and ordain fit and necessary Statutes and Ordinances for the defence of the Sea-coasts and Marshes aforesaid and the adjacent parts according to the Laws and Customes of this Realm of England and of Romeney Marsh. And to hear and determine all the premisses aswell at the said King's sute as the sute of any other whasoever which should come in question before them according to the Law and Custome of this Realm and the Custome of Romeney Marsh aforesaid As also to take and imploy in the said works and repairs as many Ditchers and other workmen and labourers as should be expedient for the works and repairs before mentioned upon competent salaries to be paid to them in that behalf in regard of the great urgent and instant necessity for expedition therein Futrher requiring the said Commissioners and any four three or two of them whereof the said Bartholmew Roger c. to be one to accomplish the premisses in form aforesaid and whomsoever they should find either negligent or refractory in making their proportionable repairs belonging to them to compell them thereto by distresses and amerciaments and such other wayes and means as they should deem most expedient to the end the said defects might be suddainly made good And to cause whatsoever they should ordain and determine therein to be firmly observed acting therein as to Justice appertained and according to the Law and Custome aforesaid Saving to the said King all amerciaments and other things herein to him belonging Whereupon afterwards viz. on the tenth day of April in the xviijth year of the reign of the same King the said Justices were informed that all the Lands and fresh Marshes lying within the subsequent limits viz. betwixt the Marsh called Cowelese towards the North the lands in the Ree leading from the said Marsh to the place call'd Lynkehoke neer Romeney towards the East the way leading from the said place called Lynkehoke by the inside of the Bank at Lyde and through the midst of the high street of that town to Pigwell and a place call'd the Holmestone lying without the Bank called Wikewall the Land of Promhill situate without the Banks called Simondes Wall and Kent Wall and the gulf of salt water running from the Camer unto the said Marsh called Cowelese towards the West excepting the Marshes called the Kete Denecourt mershe and Bourghser's mershe and other Marshes then lately taken in by the before-specified Iohn Elryngton and Richard Gilford Esquires with the Banks belonging to them were dayly subject to the danger of inundation by the Sea and salt water for default of repair and
out the Malefactors Anâ— for the better discovery of them did the year following issue out another Commission unto Will. de Bereford Will. de Carletone and Simon de Ellesworth by which there is mention made that Peter de Campania Thomas de Hacford and Adam de Shorpham having been appointed to view where and in what manner the water of Utwelle before spoken of might have it's passage to the Sea by Chanels and Gutters without mixing with the waters of the adjacent Towns for the more security of the Inhabitants of that Country did cause it to be stopt in three places and reduced to it's right and antient Chanel The like Commission about three years after was directed to William de Carletone and Will. Haward Whereupon they met at UUelle upon Wednesday after the Octaves of Easter at which time and place the Shireeve of Norfolk brought a Jury who being then and there sworn said upon their Oaths that Robert Russel Bayliff to the Abbot of Ramseye Iohn Mayner Walter Hulleman and others did by force and arms break down that Dam so made at Smalelode as hath been observed and that Richard Curteys broke the other at UUadyngstowe for which respect the said Shireeve was commanded to take the said Robert Iohn Walter and the rest of those Malefactors and imprison them safely till hâ— should receive farther order In 1 E. 2. at a Session of Sewers held at Cowstowe within the Liberties of Tilney before Richard de Halstede and others upon the Monday next after the Feast of the Apostles Peter and Paul it being found by the Jurors that the Sea-bank from the stone Crosse unto Cowstowe aforesaid was then in good repair viz. in bredth xij foot and as high as was necessary the Prior of Meremonde and Sir Henry de Walpole Knight Attorneys to the Prior of Ixworth did take exceptions against that verdict because it was presented to be a Sea-bank alleging that from Lakebrigge to Cowstowe there was not any Sea-bank or Marsh-wall but that there was a certain Causey for driving of Cattell belonging to the Towns of Upwell and Utwell into and out of their Common within the Fen which Causey was no safeguard to any mans land and that it was then sufficient for that purpose with some repair of a sew defects therein Whereupon the said Prior and Henry required judgement from the before-specified Commissioners therein and that the persons who had benefit by such driving of their Cattel too and fro should contribute to the making and repair thereof according as they had Commodity thereby as it was the Custome of the Country and as the said Kings Commission did direct which Judgement and Decree was published accordingly and the said Jurors amerc'd for their erroneous presentment After this viz. upon Saturday next after the Translation of S. Thomas the Martyr in the first year of the said Kings reign at a Session of Sewers held at Wisebeche came the said Prior of Mermonde and Sir Henry de Walpole before R. de Seytone and his fellow Justices in the behalf of the said Prior of Ixworth and took exceptions against the verdict of the Jurors made at Welle in the fourth year of the said Kings reign in regard they then presented that the said Prior had two brecks upon the brink of his Frontier which he ought to amend and repair and that they said and decreed that from the said Stone-crosse unto Cowstowe each man ought to be chardged to the making of his brinks so adjoyning to his Frontiers Which Prior then said that from Lakebrigge to Cowstow there was neither Sea-bank nor Marsh-wall or any other defence than only a Causey whereupon the Commoners of the Countrey did drive their Cattel and that every man ought to be assessed for the repair thereof according to the benefit which he had by it and this he desired might be enquired of by the Jurors Who being accordingly impanelled and sworn did on the behalf of the said Commoners of Welle justifie the said Decree and thereupon they put themselves upon tryal of another Jury Which Jury being sworn said that the said Bank from Lakebrigge to Cowstowe was not then a Bank for the safeguard of any mans land as aforesaid howbeit in antient time before the fresh waters had their passage towards Wigenhale it was a Bank of defence â—ut since that it neither was nor could be except a new Ordinance were made in regard of the excesse of water and height of the ground And they farther said that the before-specified Prior in those days was not alone lyable to the making and repair of the same Bank from his Priory unto Cowstowe as the sâ—id Jurors had presented because he did not alone receive benefit thereby And they said that the Bank within those bounds was the safeguard and defence of the Fishing there and for the Pasturage of the Commoners because that by the said Bank the same Priors fishing and other borderers was both kept from the Sea-water and that the Fish could not get away into the Fen. And as to the Pasturage they said that the same Bank did serve for divers Commoners and people of the Counties of Huntendon Cambridge and Norfolke to drive their Cattel to and fro from the Commons of the Fen. And they did finally ordain that the said Prior and every person having fishing within the bounds from Lakebrigge towards Cowstowe should according to the quantity thereof and the Commodity he had thereby make the said Causey and Bank And that the said Prior and every Commoner of the whole Hundred of Wisebeche and all others who had drift for their Cattel that way should contribute to the repair and maintenance thereof according to the benefit which accrued to them thereby as abovesaid And moreover that the said Prior should recover damages for that erroneous presentment which were tax'd at xxs. In 7 E. 2. Walter Bishop of Cov. and Lich. and Henry de Stantone were assigned to view the Banks and Sewers in these parts of Marshland and to take order for their repair The like assignation in 12 E. 2. had Iohn Haward and Iohn Hotoft for those at Tirington So also the next ensuing year had Thomas de Ingoldesthorpe Iohn de Fitton Iohn de Hotoft and Will. Bataile for all the banks throughout this Province of Marshland But in this last specified Commission the said Thomas de Ingoldesthorpe and his associates did nothing in effect so that great complaint was made to the King by the Inhabitants in these parts he therefore issued out a new Commission to them bearing date the 24th of August in the 14th year of his reign commanding them that without delay they should proceed therein Whereupon a Jury was summoned to attend them at Tyrington upon Fryday being the Feast day of the Decollation of S. Iohn Baptist. Who appearing accordingly did upon their Oaths present that the preservation of the Town of Wigenhale
meerly belong to the Inhabitants and Landholders of Tilney for the drayning and avoiding of the waters from all the Tenements of the Town of Tirington betwixt New Fen ditch viz. from the house of Laurence Chapell Northwards to the great Sea bank within which space more than five thousand acres were contained excepting the great gutter called Knight's gole which was to be made and maintained aswell at the costs of Tirington Walpole Walsokâ—n and Emneth and that part of Wigenhale which hath commodity thâ—râ—by as the Towns of Tilney and Ilsington and excâ—pting the Bridge at Robert de Midleton's house which was to be alwaies made and maintained by Iohn de Engaldesthorpe and Robert de Scales in consideration of the fishing thâ—re antiently granted to them and their ancestors and accordingly enjoyed in common with the Towns of Tilney and Ilsington And excepting likewise the Bridge called Black ditch bridge unto the Fen at Tilney stowe which the Inhabitants and Land-holders of Walsoken and Emnethe were obliged to make and continually maintain for the waters descending thereby to the Sea as they had used to do for the cause aforesaid time out of mind And likewise excepting the sâ—veral Bridges of all the Tenants and persons conversant upon that Sewer which was betwixt the house of Rob. de Midleton and Gullysgole in Islington exceâ—ting all the particular Briges of such persons as were conversant upon the Sâ—â—â—rs betwixt the Fedditch and Cuntesforth brigge in Tilney because they â—elonged specially to those persons And they said that the Sewer from Custowe in Tirington to Tilney Fen brigge ought to be xii foot in bredth throughout and the Bridge there of the same wideness at the bottom And that the Sewer from thence to Islington bridge ought to contain xvi foot in bredth throughout and the same bridge xii foot at the ground And the Sewer from thence unto the gutter called Knight's gole xviii foot in bredth for the water course every Bridge beyond that Sewer upon that current xvi foot in bredth And that all the said Sewers with the Gutter called Knigâ—t's gole and tâ—e common bank adjoyning to the said Gâ—tter ought to be repaired cleansed from thenceforth aswell by the remote Towâ—s which have benefit thereby as by the saâ—d Towns of Tylney and Islâ—ngton aâ— antiently had been accustomed And that the common Sewerâ— betwixt Old fen diche and Osgood hirne should be eight â—oot in bredth at the least aâ—d that upon the cleansing and scouring thereof in every place half the â—arth so cast out to be carryed to raise the common Drave higher And all the Bridges over the said Sewer six foot in bredth at the least which Sewer to be scoured at the charge of all those that resided neer thereto And they likewise said that the Sewer from the west side of the croft belonging to the messuage of Will. de Westbrigg ought to be alwaies scoured and maintained amongst the rest of the common Sewers unto the North part of the Abbot of Dereham's Land by the Hadeland there lying and tâ—ere turning neer the same Laâ—d to the Sewer next unto the Drave And that the Trenches betwixt the tenement of Iohn the Son of Peter Drugh Iohn Sabine anâ— elswhere in the Hâ—â—eland called Sonnerâ—â—ye which is unduly made a comon path should be forthwiâ—h stopp'd up and so kept thenceforth to the end that the same path might be hindred And they moreover ordained all the Sewers belonging to the said Town of Tilney and Islington to be opened in every place and so kâ—pt for ever And they farthâ—r decreed that for the inviolable performance of all the before-specified Ordinances reasonaâ—le Taxes should be moderatâ—ly assessed by the Guardians for the safeguard of those places and chiefly by xij others authorized and associated to them and then collected by Geffrey at Falyate c. And that the said Guardians with the assistance of those twelve should diligently enquire of the transgressors of those Ordinances and compell them to make due satisfaction for the same by distress sâ—le of their goods grievous amercements as often as there should be occasion And the said Jurors did also decree that the same penalties and punishments against such as should violate those ordinances or negligently in any sort withdraw themselves in the observance of them should firmly and inviolably be imposed from thenceforth forever as were then and had time out of mind been used in Wigenhale and other Towns in these parts of Marshland for the safeguard of the Country viz. that as often as any one of what estate or condition soever should not repair his proportion of the banks ditches and causeys before-specified for the preservation of the said Towns of Tilney and Islington as also the said common Sewers belonging to him according to the Ordinances aforesaid that a fit day should be assigned him by the before-specified Guardians before which no peril might probably happen and in case he did not perform the same within that time that xiid. which is called a Bilawe should be levyed upon him fâ—r every perch unrepaired And then aâ—â—â—â—er day to be given him to accompâ—â—â—â—â—he same before which no dangâ—r might in likelyhood happen and in case he did not make performance thereof before that time that then he should pâ—y for every perch two shillings which is called Biscot And then that a third day should be allowed him to effâ—ct the same before which no peril might probably happen within which time in case he fayled to pay for every acre three shillings which is called Triscot And thenceforth that the said delinquents in those neglects to be alwaies distrained and the distresses to be prized openly and sold by xij honest and lawfull men of the said Towns of Tilney and Ilsington and the moneys arising by such sale oâ— those distresses imployed in the performance of the said repairs and the remainder in case there should happen to be any to be forthwith restored Saving alwaies to the said Guardians the forfeitures of the Bilaws Biscots and Triscots for the causes aforesaid In the Winter season of this year so great were the tempests that the Towns of Walsoken Westwalton and Enemuthe received extraordinary loss by inundations from the Sea insomuch as they became Petitioners to the King for some alleviation of the taxe of a Fifteen then granted to him in Parliament by the Commons of this Realm whereunto the said King did graciously conâ—escend and thereupon directed his Prâ—câ—pt to the Treasurer and Barons of his Exchecquer as also to the Assessors and Collectors of the same to abate unto them eight pounds thereof the whole sum being Lxâ— the next yâ—ar â—ollowing Geffrey de Colevill Roger de Hakebeche Geffrey Bryseyard and Adam de Fincham were constituted Commissioners for the view and repair of the banks and Sewers neâ—r Walpole in this Province In the winter of which year the Sea was so outragious that it brake the
those fields as of all others lying within the Precinct of the said Bank called Pokediche to be then newly made that there should be made one new Pipe under the Bank called Kirkfield diche and under the great River there and the said new Bank on the VVest side of the said Priory of Mullycourt And likewise one new Sewer from the said new Pipe through Mullycourt drove to Rightforth lode thence into North hooke and thence into the great River which runneth from Salterys lode to Bishop's Lynne And that all persons having Lands and Tenements in the said fields called Plawfield and Kirkefield should always repair clense and scour the said Pipe and Sewer so to be new made unto Kightforth lode at their own proper costs and charges when and as often as need should require And that all persons and their heirs having lands in the said fields called Budbeche and Sandy field should have one Sewer there for avoiding the fresh waters thence into Blewe diche and from Blâ—we diche unto Rightforth lode And that the same persons so having lands in those fields called Budbeche and Sandyfield should repair and clense the said Sewer unto Blewediche for the future at their own costs and chardges whensoever need should require And that the same persons their heirs and assigns having lands in the said fields called Budbeche and Sandy field as also all the said Inhabitants of those Towns of Upwell and Outwell having common of Pasture within the precinct of the same Bank called Pokediche to be so new made as aforesaid should repair and maintain the said Sewer from Blewe diche to Rightforth lode for the future at their own proper costs and charges as often as need should require And that all persons having Lands in the said fields called Plawfield Kirkfield Budbeche and Sandyfield as also all the Inhabitants of Upwell and Outwell having Common of Pasture and Fishing within the Precinct of the said Bank called Pokediche so to be new made as aforesaid should repair the said Sewer called Rightforth lode unto North hooke at their own proper costs and chardges for the time to come whensoever need should require And they likewise ordained that the Abbot of UUest Dereham and his successors should new make repair and maintain well sufficiently for the time to come one Causey of six foot in bredth Eastwards throughout all that part of his land lying betwixt the old Pokediche on the North part and a certain piece of land belonging to the Abbot of Ramsey and another pertaining to Thomas Duke of Exeter on the South part and abutting on the before-specified great River towards the East And that the said Abbot and his successors should be justified and ordered for the not making and repair of the same Causey according to the Law and Custome antiently used in the Town of UUigenhale And that the said Abbot of Ramsey and his successors should also new make repair and maintain one other Causey of six foot likewise in bredth through another piece of his land lying on the East part towards the said great River And they farther ordained that every person having lands Common of Pasture or Fishing within the land of the said Abbot and Common lode should likewise new make repair and maintain one Causey well and sufficiently viz. each man against his own land towards the said great River And for the performance thereof that they should be compelled by the Steward of Thomas Duke of Exeter for his Mannour of Stow Bardolf his heirs and assigns in the Court of Stow-Bardolf And that all the Tenants and Inhabitants in the Towns of Downham hithe Wimbotesham and Stow Bardolf should new make as also repair and maintain well and sufficiently for the time to come a certain Causey beginning in a place called Common lode and extending it self from thence to Salterys lode All which Ordinances and Agistments so made in form aforesaid the Towns in Marshland before-mentioned as also Welle Wigenhale Dounham hithe Winbotesham and Stow Bardolf did for the time to come agree for themselves their heirs and assigns to observe and hold firmly It was therefore decreed by the before-specified Justices that the Inhabitants of the said Towns which had Laâ—ds Common of Pasture or Fishing within those fields and safeguard of the said Bank called Pokediche to be new made in such sort as aforesaid should for the future be obliged to repair and maintain the same according to the form and effect of the Inquisition Ordinances and Agistments before declared and to be distrained for the time to come for the performance thereof as often and when need should require In witnesse whereof the said Henry Rocheforth and Thomas Dereham did affix their Seals thereunto VVhich Inquisition and Ordinances were exemplified by the said King Henry the sixth under his great Seal upon the xijth day of May in the third year of his reign And in respect that the ground from Salterys lode to North delfe before-specified whereon the said Bank was to be raised was then the proper soyl of the said Thomas Duke of Exeter as part of his Mannour of Stow Bardolf the said Duke in confirmation thereof did by his Deed wherein he likewise stiled himself Comes Dorcestriae Harcuriae Admirallus Angliae bearing date the Monday next aftâ—r the Feast of S. Peter ad vincula in the said first year of the reign of the same King King Henry the sixth grant and confirm for himself and his heirs to Iohn Bishop of Ely Sir Iohn Colvile and Sir Henry Rocheford Knights Richard Peverell Thomas Karvile Thomas Dru Robert Karvile and Edmund Massingham Esquires and all the Inhabitants of Wigenhale Tylney Islington Cleuchwardon Terington Walton Enmethe Walpole and Walsoken in the parts of Mershland their heirs and assigns the said Bank called Pokediche so to be new made and raised for safeguard against the said fresh waters on the North part of the River which runneth from Welle to Salterys lode and Wigenhale beginning at Salterys lode aforesaid within his the said Duke's Lordship which extendeth it self in length from thence unto Northdelfe before-mentioned viz. ground containing xxiiij foot on the South side of the same Bank for the making repairing and maintaining thereof as also sufficient ground on the North side thereof xl foot distant from the same for the repair likewise and maintenance thereof provided that they should not dig any earth on the said North side thereof for the purposes abovesaid as long as the said Bank could be fitly repaired with the earth on the South side And he did moreover grant and confirm to the said Iohn Bishop of Cly and the rest of the persons above-specified their heirs and assigns that they not any of them should be molested in their passage to and fro in the making and repair of the said Bank wheresoever there might be cause for the same Saving neverthelesse to him the said Dâ—ke and his heirs Wayfe Stray and other amerciaments for
said River viz. from the great Bridge of Wysebeche to Sozelsdyke and the New dike from Sozelsdike to Geyhirne and the Fen-dike from Geyhirne aforesaid to Pigges drove each man according to the proportion of his tenure as often as need should require And they moreover presented that the Landholders in Leveringtone did use time out of mind to repair maintain and new-make a certain Fen-bank in Leveringtone from Pigges drove Crosse unto the Clouse which is the division betwixt Leverington and Sutton each man according to the quantity of his land according to an antient Agistmentâ— Whereupon the said Commissioners did decree the same accordingly And they likewise presented that the Landholders in Leveringtone did use and ought time out of mind to repair maintain and new make a certain Bank called Shoffendyke extending it self from the said Clouse to Gore-dyke in Neuton each man according to the proportion of his holding Whereupon it was accordingly decreed And they also presented that the Landholders in Neutone used time out of mind and ought to repair maintain and new make a certain Bank called the Shoffendyke beginning at the Gore-dyke of Neutone and extending it self to Tyd-Threddyng each man according to the proportion of his tenure as often as need should require Whereupon it was decreed accordingly And they presented that all the Landholders in Tyd S. Giles did use time out of mind to repair maiâ—tain and new make a certain Bank called Shoffendyke extending it self from Tyd-Threddyng unto the Egryndes in Tyd S. Giles each man according to the proportion of his Land Whereupon it was decreed accordingly And they likewise presented that there had been time out of mind and also ought to be two Clows in Leverington one at Rotespipe aâ— the charge of all the Landholders from Newbrigge drove in Wisebeche unâ—o the See dyke and the other at Meysland at the costs and charges of all the Landholders from Sozel dyke in Wisebeche unto Newbrigge drove in the same Town And they presented that the Prior of Ely and Sir Thomas Tudenham Kt. ought and had wont to repair time out of mind one Crest in Tholymesse drove in Wisebeche beginning at the Fendyke and extending it self to Tolymers in the same Town four foot in height and eight foot in bredth And that the Landholders of Geyhirne field of Wisebeche time out of mind had used and ought to repair a certain Crest extending it self from Blakedyke unto Mariotts brigge in the same Town in height four foot and in bredth eight And that the said Landholders of Geyhirnefield did use also time out of mind to repair the Crest from Maryottisbrigge to Tolymers drove neer to the common Sewer on the West side four foot in height and eight foot in bredth And they said moreover that the Landholders of Geyhirne Crosse in Wisebeche unto Sozel dyke ought to make and repair one Crest upon Blake dyke from Geyhirne crosse to Sozel dyke aforesaid in height four foot and in bredth eight And that the Landholders in Geyhirnfield as also of the lands of Will. Cause in Tolymersfield in Wisebeche ought to make and repair one Crest from Mariottesdrove in Wisebeche unto Doddesbrigge in the same Town neer to the common Sewer on the North part in height four foot and in bredth eight And that all the Landholders in Rechey field ought to make and repair one Crest from the said Clow unto Belymylle brygge neer to the common Sewer on the East part in height four foot and in bredth eight And that Thomas Hyptoft and his Tenants ought to make and repair one Crest in Rat Rowe on the East side of the way called Tolymersdrove unto Rat Rowe brigge in height four foot and bredth eight And that the Tenants of Hugh Sozell's lands in Wille Lake and of the lands of Mundeforth felde ought to make and repair a Crest in Gamyl drove from Doddesbrygge to Blakedyke in height four foot and bredth eight And they likewise presented that all the Landholders of the xxx acres in the Town hende in Wisebeche ought to make a repair a certain Bank called Belymylle dike from Belymylle brigge unto the land late belonging to Will. Beteyns in height four foot and bredth eight And that the Landholders in Sayersfield in Wisebeche ought to make and repair one Crest in Waldysgate from Belymylle brigge to Robyns brigge in the same Town in height four foot and in bredth eight And that the Landholders in Briggefield in Wisebeche on the North side of the River abutting upon Bridgedrove Eastwards ought to make and repair one Crest in Briggedrove in Wisebeche in height four foot and in bredth eight And that all the landholders in Wisebeche ought to make and repair a Clow in the Sewer of Wisebeche at a certain Bridge in Neutone neer to Fytton Gole for to stop the water there when need should require And they also presented that whereas there were three Pipes newly made in a certain field called Smal medows in Wisebeche one by the Bishop of Ely and his Participants the second by the Lord by Coldham and his and the third by the Landholders on the South side of the River of Wisebeche they were made too big in bredth and contrary to the Presentment of the Jurors it was therefore decreed that they should be amended the said Commissioners therefore did ordain and decree that the Bishop of Ely and his successors Sir Thomas Todenham Knight Thomas Hyptoft Will. Caus and his heirs the Lord of Coldham and his Participants and all others before-mentioned and all the Landholders within the said Town of Wisebeche as aforesaid should for the future be charged to make repair and maintain all and singular the Banks c. specified in the said Presentment according to the proportion of what they held as often as need should require And for the better safeguard of the said Town of Wisebeche they moreover did ordain that the Bank called Wisebeche fen dike should be barred in certain places needfull to prevent Cattel from passing thereon and that hassocks should be gotten in the Fen and laid at the foot of the said Bank in several places where need required And that all the Landholders of Oldfield in Wisebeche abutting upon the Sewer of Coldham ought to stop the ends of their Ditches beginning at Tylyry lane unto Coldham pipe And the said Commissioners also decreed and ordained that all Kedylls Stamps Dams and other Engines in the River of Wisebeche whereby the water was in any sort straightned or stopped should be removed and taken away and that no man thenceforth should make any stamps dams Kedills or other Engines in the said River from Geyhirne to the Sea upon penalty of Cs. to be paid to the Bishop of Ely for the time being And that there should be a Guardian appointed for the safeguard of the Countrey to oversee open and shut the four Gotes of Wisebeche Leverington Neuton and Tyd S. Giles yearly at the
the first Presentment or Judgement to charge every man in particular according to the quantity of his land 3. that they had not power to commit to prison persons refractory to their Orders and lastly that actions of trespass false imprisonment and other processe at the Common Law have bâ—en brought against some of their Officers for executing their Decrees and Warrants their Lordships finding in their Wisdomes that it could neither stand with Law nor common Reason that in cases of such great consequence the Law can be so void of providence as to restrain the Commissioners of Sewers for making of new works to withstand the fury of the waters aswell as to repair the old where necessity doth require it for the safety of the Country or to lay a charge upon the Towns or Hundreds in general that are interessed in the benefit or loss without attending a particular Survey and admeasurement of Acres when the service is to have speedy and suddain Execution or that a Commission that is of so high a Nature and of so great use to the Common wealth and evident necessity and of so antient jurisdiction both before the Statute and since should want means of coercion for obedience to their Orders and Decreesâ— whereas upon the performance of them the preservation of many thousands of his Majestiâ—s Subjects lives goods and lands did depend and it plainly appearing that there would be a direct frustrating and overthrow of the authority of the said Commission if the Commissioners their Officers and Ministers should be subjâ—ct to every sute at the pleasure of the Delinquent in his Majesties Courts of the Common Law and so to weary and discourage all men from doing their duties in that behalf for the reasons aforesaid and the supreme reason above all viz. the salvation of the King and people did order that the persons formerly committed by that Board for theâ—r contempt concerning that cause should stand committed untill they did release or sufficiently discharge such actions sutes and demands as they did bring at the Common Law against the said Commissioners of Sewers or any their Officers c. The opinion of Sir Henry Hobart Knight Attorney general to King James touching the making of new Drayns the Case of the new Drayns made in the Isle of Ely and the Taxation set for the same being thus 1 THat the grounds now sought by these new Sewers to be won and drained are such as naturally and antiently were dry grounds and not continually overflown so as they were truly land and not water and are still to this day dry half the year and sometimes in good years longer 2. Nextly that there have been alwayes notorious and common Drayns maintained at publick charge for the conveying away of the waters in times of downfall or other overflows 3. Thirdly that the said antient Drayns cannot now possibly were they never so well maintained drayn the Country because their conveyance whilst they were in use was into the Sea running out at Wisbeche from whence the Sea is now departed so that there is no way now to carry these waters to the Sea but by Lynne Haven to which therefore these works are made to carry them ¶ The case I say standing thus in all these parts I am of opinion that the Law of Sewers lately made for these new works is warranted by the Commission of Sewers and that a Tax may be set aswell for the making and maintaining of it according to the meaning of the Statutes and Commission as it might have been for the old if they had remained still in use And therefore I am of mind plainly that though it may seâ—m still within the power of the Commission by the Letter of it to maintain the old Sewers yet the Commissioners cannot now enforce the mâ—intenance of them when they are no longer indeed Sewers nor benefit nor damage can arise by them for Sewers are made and maintained for the land and not the land for the Sewers On the contrary when they fail reason teacheth and necessity enforceth some other remedy be found in supply of it And the words of the Commission have it plainly that gives power in one Clause to make necessary and behooffull Laws for the safeguard and preservation of the lands lying to the premisses which premisses being restrained as much as may be to the Sewers yet the lands lying to them must be understood the landâ— about them or for which they were wont to serve So that the safeguard and preservation of the lands is the principal end of the Commission which being not to be preserved by the old Sewers are by this Clause to be preserved at largeâ— that is as best may be and by the Judgment of the Commissioners shall be found necessary and behoofull which words and meaning are satisfied in this case Henry Hubbert Nor do we want examples of greater antiquity for such new Cuts and Drayns the names of divers which to this day continue manifesting the same as 1. New-ditch alias Lents hirne in Wisebeche 2. Newdike in Buriall field in Welle 3. Newdike in Witlesey a very fair Sewer Newdraine there also xx foot wide 4. Newdrayne from Croyland to Spalding 5. Newdike alias Sandy dyke there also 6. Newdike in Neatmore in Upwell 7. New-leame there fifty foot wide 8. and New-leame in Chateriz and March Nay it is very evident that even the great Rivers themselves have for the like respects been diverted from their antient and natural Chanels For 1. The River of Ouse its outfall by Wisbeche decaying was not only cut straight but by a new River made from Littleport Chaire to Rebbech was let fall into Ouse parva or Brandon water and thence by Salters lode to Lynne Haven its former course from Littleport being by Wellenhee to Welle and so to the North Seas at Wisbeche 2. The West-water a part of Ouse magna having its course from Erith bridge to Chateriz ferry and thence to Benwick and so to March was for the crookednesse of the way conveyed by a new passage called the Leame through Chateriz Dodington and March and thence by Elme Leame to Wisbeche a course of xvi miles and so continueth all this way 3. Moreton the worthy Bishop of Ely in the time of K. H. 7. to avoid the many and crooked passages in the River of Nene between Peterburgh and the Sea by the way drowning many thousands of Acres out of the whole ground made a new River now called Morton's Leame or the New Leame xl foot wide and 4 foot or more deep viz. from Stanground steafe to Guyhirne being a course of xii miles long at the least and continuing the same through Wisbeche â— for the more speedy delivery of the waters attempted to cut through the Sea-dike to Wisbeche at Bevys-Crosse and again at Eastfields end nigh the Horshooe in Leverington which Banks were in lesse than xxx years before ordained by Commission to be maintained id