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
Jurors then impanelled and sworn viz. that Robert Russel Bayliff to the Abbot of Ramseye Iohn Mayner Walter Halleman and others had forcibly broke down that Dam at Smal lode or Lytle lode and that one Richard Curteys had done the like at Wadyugstowe Whereupon the Shireeve had command to take them all and imprison them untill he should receive farther directions therein In 8 E. 2. the King being informed that the water whereby divers persons of Cambridge Huntendon and Northampton shires passed with Ships and Victual from the parts of Lenne to Welle to the great benefit of all the Country and especially of the Town of Holme situate thereupon was obstructed by certain men dwelling thereabouts he therefore assigned Iohn de Butetort Robert de Maddingle and Walter de Mollesworth to enquire thereof The next ensuing year Geffrey de Colvile Robert de Maddyngle Laurence de Burewelle and Iohn le Corouner were appointed to view the Banks and Sewers upon the Sea-coast lying in Tyd Neuton Leveryngton and Wysebeche as also in some Towns of Marshland and the parts adjacent within the Hundred of Wisebeche which were then in decay and to take order for their repair The like Commission had the said Geffrey Robert and Iohn together with Nich. de Houtone in 9 E. 2. And in 17 E. 2. the King receiving farther information concerning the obstruction of the water of Welstreme at the Town of Welle before-mentioned whereby Merchants and others were hindred from passing with their Ships Boats and other Vessels from the Town of Lenne unto Yakesle Holme and other places lying in the Counties of Huntendon and Norfolk in such sort as they had formerly used to do and as the Commission in 8 E. 2. above-specified importeth constituted Iohn de Mutford Walter de Friskeney and Will. de Gosefeld Commissioners to enquire thereof What they did herein I have not seen but in 3 E. 3. which was not long after there was a Presentment exhibited to the Justices Itinerant sitting at Northampton by the Jurors for several Hundreds in that County importing that wheâ—eas the course of the River Nene had antiently been directly from Peterborough unto the Lenâ—e in Norfolk by which Corn VVoo and other Commodities were carryed to that Haven and from thence Victuall and other necessaries that about xxviii years then past Walter de Langetone Bishop of Coventre and Lichfield and Treasurer to King Edward the first Grandfather to the then King did for the drayning of his Mannour of Coldham situate in a Fenny Soil by his power and greatnesse cause a Dam to be made at Utwell in the said County of Norfolk with earth and sand so that no navigable Vessells could afterwards passe to and from Lenne as they had wont to do to the great damage of the said King and his people aswell of that County as of Norfolk Cambridge Huntendon and Lincoln shires and that the same stop of those waters from descending to Lenne did cause the Lands Meadows Pastures and Marshes of Burrough fen and Thorney fen with divers others adjoyning to be overflowed and drowned to the damage of the men of that County CCCl. per annum and upwards And that Edmund Peverell son and heir to Robert Peverell Brother and heir of the said Bishop then holding the said Mannour did maintain and continue the before-specified Dam but by what Authority they knew not the Shireeve of Norfolke had command therefore to summon the said Edmund to answer thereto Who appearing in person and being required to say what he could for the keeping up of the said Dam alleged that the before-specified Bishop dying seized of the said Mannour Robert Peverell entred into it as his Brother and heir and that after the said Roberts death he the said Edmund entring as his son and heir found that water so damm'd as hath been observed without that that the said Dam was so made as aforesaid by the same Bishop or that he the said Edmund had continued and supported the same to the common damage c. as had been presented and thereupon did put himself upon the Country and so likewise did Richard Adelburgh who prosecuted for the King And therefore because it seemed expedient to the Court aswell for the King as for his people that there should be a verdict from the Country on that behalf aswell by Jurors of those Counties wherein the damage was assigned as by Jurors of Norfolk in which County the said Dam was alleged to be made command was given to the Shireeves of Cambridge Duntendon Lincoln and Northampton shires likewise that each of them should bring xij honest and lawfull men whereby the truth might be the better known to appear before the King three weeks after Michaelmass At which time came Adam de Fyncham the King's Attorney but the said Edmund though solemnly called appeared not whereupon a verdict was taken against him by default Nor did the Shireeves of any of the before-mentioned Counties make return of their said Precepts therefore new writs were issued out unto them to the same purpose as above-said returnable upon the xvth of S. Hillarie then next following At which time came the said Adam and the Shireeves of Norfolk and Northampton who alleged that the Writs were so long in coming to their hands that they could be nothing therein howbeit the Shireeve of Cambridge and Huntendonshire returned the names of Jurors but the Shireeve of Lincolnshire sent no answer Whereupon the King issued out a Precept to Geffrey le Scrope and his fellow Justices of the Pleas before himself to be holden whereby he signified to them that the Inhabitants of Marshland in Norfolke had complained and the men of Suffolk and Cambridgshire who had Lands neer unto those parts had exhibited a Petition to him the said King and his Council shewing that whereas some parts of Marshland together with a great proportion of those Counties was lost and destroyed by the inundation of the Salt waters as also of the fresh by reason that the said waters and Sewers had not their right course And that King Edward the first passing that way and taking notice thereof did by the advice of his Council assign William Howard and some other to make enquiry touching the premisses who by Inquisitions taken before them found that those parts could not be any other way preserved than by stopping of a certain water called Welle dam And whereas for that respect they did ordain the before-specified obstruction thereof to be made and that afterwards it was presented before him the said Geffrey his fellow Justices itinerant in the County of Northampton by the procurement of some persons for their own particular advantage that the same obstruction was made to their damage Whereupon they caused Edmund Peverell to be impleaded for it and proceeded so far therein as that the said Edmund submitted to an Inquisition thereof which Inquisition being to be taken before
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 Fen. And that all the menure for the making of the said Bank should be taken on the South side thereof neer the water but not within the space of xij foot of the skirt of the same Bank excepting in time of necessity when no earth might be had any where else by reason of the inundation of the fresh waters by which means not only the River it self might be inlarged in bredth twelve foot more where need should require for the better carrying away of the fresh waters but the Kidells being in the same stream might be sufficiently widened And the said Jurors did also decree and ordain that it might be lawfull for every man in making his proportion of the said Bank to dig earth on the North side of the same in Winter time when by reason of the flouds of fresh water coming down it could not be taken on the South side so that such digging on the said North side were xl foot distant from the same upon penalty of being amerc'd And they likewise decreed that every Land-holder having Lands within any of the said Towns of Marshland and Town of Wigenhale as also within the precinct aforesaid should have his portion of the same Bank assigned to him according to the quantity of his Land according to a new Agistment to be thereof made And that all the Land-holders in Stow Bardolf betwixt the Hord hedding and Tilney Bank and within the Bank of Stow lode brinke and the Ferry pit of Wigenhale should be agisted upon the said Bank each man according to what he held And they did moreover ordain that all persons aswell Horsemen as Footmen which should happen to come to the repair and maintenance of the said Bank at any time of the year upon necessity should have free and safe coming to and fro with their Carts and other things not only in order to the said repair but for the supervising thereof and to stay there with their said Horses and return the neerest way for them without the danger of any amerciament distresse or other punishment for so doing saving alwayes to the Lords of the Fees Waifs Estreys and punishment for bloud-spilling and amerciaments for Hue and Crye there levyed And they likewise ordained that every person having lands within the precinct of the said Bank so to be new made and that might have safeguard and benefit by the making and repair thereof or losse by its not making should be obliged to the making and repair of the same according to his proportion betwixt the said Priory and Salterys lode according to the Law and Custome of the whole Country of Marshland And that every of the said Towns of Marshland and Town of Wigenhale being within the before-specified precincts should be obliged according to his proportion to the making and repair of the said Bank upon penalty of xxl. to be paid to the King as often as any defect could be found in his not performance thereof And they also ordained that every Guardian of the same Bank should have power by the said Law to take distresses for the performance of the premisses when need might require without the contradiction of any man whatsoever And that every such Guardian doing his Office in respect of his tenure within the precinct aforesaid or that ought to do it should perform it duly and diligently for the better making of the said Bank so that no defect might be found therein under the same penalty as was antiently established by the Law and Custome of Marshland for the making and repair of the before-specified old Bank called the Poke diche And that if any person agisted for the making and repair thereof according to the proportion of his tenure should be found refractory and disobedient to the said Guardian for the time being in what he should direct that then he to be distrained punished and compelled by the said Guardians for the well and sufficient performance of the same according to the Law and Custome of Marshland And they moreover ordained that neither the Lord nor any Commoner should depasture his Cattel upon the said Bank so to be new made excepting sheep nor that they should drive any Cattel upon the same for the future avoiding of those inestimable losses which had hapned in times past by so doing upon forfeiture of a peny for every beast so driven or there depasturing by the appointment knowledge or neglect of those that ought to look to them to be paid to the Guardian of the said Bank as often as any such delinquency should happen And that the Cattel found depasturing or driven aforesaid upon the said Bank sheep as aforesaid excepted to be taken and impounded and in the pound detained untill the owner of them should pay the before-specified penalty which forfeiture to be imployed for the repair of that part thereof as should be so hurt by such Cattel Also they did ordain that Iohn Bekeswell and his heirs and assignes Tenants of the messuage of North delfe should sufficiently repair and maintain that Bank opposite to his messuage on the South part both in thicknesse and height as often as need should require for ever at his and their own proper costs and chardges so that through default thereof no damage might come to any one within the precinct of the same under the penalty antiently established for reparation of the Banks Gutters and Sewers in these parts of Marshland according to the Laws and Customes thereof And that the Prior of Mullycourt and his successors under the same penalty should make new as also repair and maintain well and sufficiently aswell in thicknesse as height one Bank throughout his Priory opposite thereto upon the South side And they likewise then ordained that the Inhabitants of the whole Town of Outwell their heirs and assigns should new make repair and maintain one Bank well and sufficiently for ever both in thicknesse and height towards the before-specified great River and on the North side thereof from the said Priory of Mullicourt throughout all the Town of Outwell aforesaid unto the Mansion house of Thomas Beaupre where need should require upon the penalty above-mentioned And that the said Inhabitants of Outwell their heirs and assigns should in default of such new making or repair of the same forfeit Cs. to be paid to the King as often as there should be cause by that their neglect And they said moreover that there was a certain field called Plawfielde lying in the Town of Upwâ—ll and certain other fields called Kyrkfield and Budbeche in the Town of Upwell and Outwell as also another field called Sandyfield in the Town of Outwell aforesaid which were every year overflowed by the fresh waters to the great damage and impoverishing of all persons having lands in the same as of all other having lands within the said Bank called Pokediche then to be new made and therefore they did ordain aswell for the better safeguard of all the lands lying within
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