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A36795 The history of imbanking and drayning of divers fenns and marshes, both in forein parts and in this kingdom, and of the improvements thereby extracted from records, manuscripts, and other authentick testimonies / by William Dugdale. Dugdale, William, Sir, 1605-1686. 1662 (1662) Wing D2481; ESTC R975 640,720 507

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was amended at the time of the presentment made and long before as the said Abbot and his Tenants of UUythies had also pleaded And as to the Trees growing athwart the River at Monketon they said that they did grow above those Mills ●here boats never came nor ought of right to come as the said Abbot had also pleaded And touching the pleck of Osiars they said that the same nusance was amended and totally removed as the Tenants of the said Abbot had also pleaded And as to the ground in Monketon appropriated by the said Abbot his Servants and Tenants by planting of VVillows and other Trees thereon they likewise said that the said nusance was also amended and totally taken away as the said Abbot had alleged Upon all which considerations it was determined that the said Abbot and his Tenants and Servants excepting the before-specified amerciaments should be dischardged In 11 R. 2. there was another general Commission directed to the Abbot of Glastonbury Nicholas de Audley Guy de Brienne and others for the view and repair of all the banks Ditches c. in this County In 2 H. 4. Sir Peter Courtney Sir Humfrey Stafford Sir William Bonville Sir Thomas Brooke Knights Iohn Strech and Iohn Manyngford were appointed to view and repair the banks c. at Bristoll Mertok Taunton Yevelchestre Welyngton Dunsterre Bruton and Severne and in all places betwixt Bristoll and Dunsterre and betvvixt Bruton and Severne to do all things therein according to the Law and Custome of this Realm In 6 H. 4. the Master of S. Marks House in Bristoll was dischardged from the repair of the Bridges scouring of the Ditches and making of Sluses in the Towns and places of Powlet Combwich Pyriton Huntspill and betvvixt Blakbrig and Purytonbrugg as also from the clensing the Chanell called Hyburne and likewise that which goeth from the Town of Cork running to Hyburne betwixt the Mannour of Stokeland which belonged to the said Master and the Mannour of Wyke which was the Lord Poynings And likewise for the Sluce of Thele for shutting out the Sea-water and moreover for the stone bridge in the VVarth of Wyke In 5 H. 5. Sir Will. Botreaux Knight Thomas Chaucer and Richard Chedder Esquires Iohn Stourton William Sparow and Iohn Gregori of Bruton were assigned to view and repair the banks betvvixt the Cities of Bathe and Bristol and from Yilcestre Lamport Briggewater and Taunton and to proceed therein according to the Custome of the Marsh and the Law and Custome of this Realm The like assignation in 2 H. 6. had N. Bishop of Bathe and Welles Sir Will. Botreaux Sir Thomas Stowell Knights William Westbury Iohn Warre Iohn Stourton and Iohn Beaf for the banks in Brentmershe Wryngemershe and Pouldon and to do all things therein according to the Law and Custome of this Realm As also to take so many Labourers upon competent wages to be imployed therein as should be requisite in regard of the great necessity of expediting the vvork So also the next year following vvere Sir Thomas Broke Knight Richard Cheddre Esquire Iohn Marchant and William Newetone for those betwixt Yevelchestre Burneham and Welles and to act therein and imprest Labourers as aforesaid And in 33 H. 6. Sir Thomas Seymour Knight Robert Warre Esquire Alexander Hody Roger Fitz Iames Iohn Sidenham junior Iohn Porter and William Bodesham had the like appointment for the banks c. betvvixt the Town of Langeport-Estoner on the East side and the Town of Thurlokeston on the West as also betvvixt the Tovvn of Cory-Malet on the South part and the Tovvn of Briggewater on the North and to make Lavvs and Ordinances therein and to proceed in all things touching the same according to the Lavv and Custome of Romeney Marsh. And in 3 E. 4. Richard Chokke Sir Theobald Gorges and Sir Walter Rodeney Knights Iohn Fitz Iames senior and Robert Stowell Esquire had the like for the Banks c. from Ryngwelle to Haylake Yoo thence to Shestrygge Yoo thence to Colestoke and thence to Blakstake in the See and to proceed therein as abovesaid Thus much for the Commissions I next come to the Watercourses of Brent marsh and who did antiently repair them The Lord of Bageworthe ought to repair the Chanel from Blakelake unto the Sea And the Lord of Bitesham that from Winesbrugge to the Sea Philip the Son of Corbin that from Winesbrugge to Blakelake Hugh the Son of Auger and the same Philip from Hengestes mere to the Sea The second course from Hengestesmere to the Sea the same Hugh the son of Auger and the third course from Hengestesmere to the Sea Raph de Seinbarbe From the mouth of Mere to the Sea the Church of Glastonbury and from another part from Blakeswelleshevede to the Sea the Church of Glastonbury From Schipperide to Wakefen the Dean of Welles and so from Wakefen to the Land of Robert de Ewyas Lord of Hewisch and from Brodecrofte to the Mill of Geffrey Lord of Burham From Thipride to Baggepole the Dean of Welles and Lord of Blakeforde Also from Baggepole to Watebrok the said Lord of Blakeforde From Wathebrok the Dean of Welles upon his own Land and Robert de Countvile also for as far as his Land extended After him the Lord of Alnodestone beyond Aldodestone were beyond Wereham Bagerde superior and inferior to the Sea So also from Bethepulle unto the Land of Chalftone and from Ewendone and Chalftone unto Cosingtone and from Cosingtone to Honispel and thence to the Sea Sedgmore There is also in this County a large Fenny plain which being covered with water for the most part of the VVinter and in Summer affordeth nothing but Rushes Reeds and Sedge hath thence the name of Sedgmoore Over this level there is a fair Causey of stones and gravel from Somerton to Bridgwater about eight miles in length antiently made by one of the Abbots of Glastonbury as tradition saith which still bearing his name is called Graylock's fosse I do not find from the authority of any Records or other credible testimony that there was ever any endeavour used for the improvement of this Moor by drayning till of late dayes that King Iames of blessed memory making title to the soyl resolved to do it But as in most other places there be a perverse generation of people who of themselves are not content to sit still but will hinder others that would promote such laudable works for the publick good so was it here for divers there were that made opposition thereto But after a Bill exhibited in the Exchequer those opponents and the rest of the owners of the adjacent Lordships commoning with their Cattel upon this Moor discerning that they could make no justifiable claim to the soyl offer'd to assign unto the King four thousand Acres in lieu of his right thereto and to lay out the residue being nine thousand five hundred twenty and two Acres unto those their
Symond Knight Roger Ashburnham Stephan Betenham and Iohn Broke were constituted Commissioners to view and repair the Banks c. betwixt Beauclif and Sturdes●ale And Will. Horne Will. Makenade Stephan Betenham and Iohn Lynet for those betwixt Fairfeld and Apuldre By which Commission the said VVilliam and the rest had authority given them to take so many Carpenters with other Artificers and Labourers as should be needful for repair of those Banks Ditches c. upon competent wages for their work therein in respect of the great and urgent necessity for making good the said Banks c. with all expedition In 10 R. 2. Simon de Burley then also Constable of Dovor Castle c. Robert Bealknap Thomas Garwinton and Iohn Colepepir had the like Commission for the Banks c. lying betwixt Faversham and Sandwiche And in 12 R. 2. Sir Iohn de Cobham Knight Sir Thomas Fogge Knight Sir Arnold Sauvage Knight with others were appointed to view and repair those Banks which were in the Marshes of Thanet as also betwixt Reculvre and a certain place called S. Mary Clif and farther specially directed by their Commission to hear and determine all things concerning the premisses according to the Law and custome of Romeney marsh to that time used As also to take so many Ditchers with other Workmen and Labourers as might be needful for the said work upon fitting wages to be paid to them for the same and this in respect of the great and urgent necessity for the dispatch of that work The next year following Iohn VVadham VVill. Horne Will. Makenade Stephan Betenham and Iohn Lynet were constituted Commissioners to view and repair the Banks c. betwixt Fairfelde and Apuldre and Snargate then broken with the violence of the Tides and to proceed therein according to the Law and Custome of this Realm of England and the Custome of Romeney marsh In 17 R. 2. the like Commission was directed to Iohn Colepepir Will. Makenade Stephan Betenham Thomas Brokhelle and Nich. Potyn for the view and repair of those Banks c. which were betwixt the Cities of Canterbury and Rochester and to act therein according to the Law and Custome of this Realm and of Romeney Marsh. So also in the same year the like to the said Iohn Colepepir Iohn Septvaus Will. Elys Will. Tydecoumbe and Richard Bartelot for those betwixt the said City of Canterbury and Sandwiche and to act therein as aforesaid In 22 R. 2. Stephan Betenham Robert Oxebregge Will. Berton and Thomas Ikham had the like appointment for those Banks c. lying betwixt the Town of Ebbene in Oxene and the Town of Brensete So also had VVill. Makenade Stephan Betenham VVill. Bertone VVill. Bertyn and Henry Horne in 1 H. 4. for those upon the Sea-coast betwixt the Towns of Smallyde and Promhelle And in 2 H. 4. VVill. Rykhill VVill. de Makenade Stephan Betenhamme Iohn Colepepir VVill. Bertone VVill. Elys Thomas Ikham and Iohn Martyn of Derteforde for those Banks c. situate between the Towns of Grethe and Sandwiche In all which Commissions special care was taken that they should proceed according to the Law and Custome of this Realm and the Custome of Romney Marsh. In 3 H. 4. the King directing his Letters Patents to the inhabitants of the Isle of Shepeye wherein taking notice of a certain Sea-bank therein extending it self from a place called Tremmodferye unto another place named Cothelles which before the building of Quenesburgh Castle being only four foot in bredth and afterwards by Edward the third late King of England for the advantage of Carts and Wagons passing from the before-specified Ferry to the said Castle was made thirty foot broad had suffered so much decay that scarce a single person could then go upon it and that the said Inhabitants were not able to repair the same without some assistance from others by the advice of his Councel granted unto them for their better help in undergoing the said work these several Customes to be for the space of the three next ensuing years assessed and collected viz. for every Horseman being a stranger that should come into or go out of the same Isle by the said Bank id. And for every Footman an half peny For every loaded Horse id. and every one empty an half peny In 10 H. 4. George Ballard Stephan Betenham Rob. Oxenbregge Vincent Fynche Thomas Oxenbrigge VVill. Marchant Iohn May and Iohn Lonsford were constituted Commissioners for the view and repair of the Banks Ditches c. on the Sea-coast and in the Marshes betwixt the Towns of Romeney and Promhull then ruinous by the rage of the Sea and to proceed therein according to the Law and Custome of the Marsh and Law and Custome of this Realm In 13 H. 4. Rob. Clifford Thomas Remys Iohn Martyn Thomas Elys Thomas Marchaunt Iohn VVhitehed and Iohn Bertone had the like Commission for those Banks c. lying betwixt Pekesend and Stonore neer Sandwiche wherein they were commanded to act according to the Law and Custome of the Marsh. In 3 H. 5. Iohn Darelle Roger Rye Thomas Elys Henry Horne and VVill. Marchaunt had the like assignation for those betwixt the Towns of of Smalhede and Romene and to act according to the usage of the Marsh and Law and Custome of this Realm The next year following Iohn Drylond Iohn Brynkle Peter Hall Iohn Salisbury Iohn Pecock and the Shiriff of Kent were appointed in like sort to view and take care of those Banks c. lying in Warde mershe within the Parish of S. Nicholas in Tanet then broken by the violence of the waves and to proceed therein according to the Law and Custome of Romney Marsh. In 6 H. 6. Iohn Bamburghe VVill. Cheyne of the Isle of Shepeye Iohn May Thomas Betyngham and Thomas Groveherst had the like appointment for the Banks c. betwixt the City of Rochester and Whitstaple and for those in the said Isle of Shepeye and to make Statutes and Ordinances besitting the defence and preservation of the Sea-coasts according to the Laws and Customes of Romney marsh as also to do and determine all things touching the premisses according to the Law and Custome of this Realm and the Custome of Romeney Marsh aforesaid And moreover to take such and so many diggers and labourers upon competent wages in respect of the present necessity as should be requisite for that work In 17 H. 6. Iohn Bamburgh Richard Bruyn Valentine Baret Thomas Burges and VVill. Garnet were appointed in like manner to view the Banks c. on the Sea coast from Feyrhede to Hencle then broken by the violence of the waves and to take order for their repair proceeding therein according to the Laws and Customes of this Realm and the Customes of Romeney Marsh And to take Labourers upon competent salaryes in respect of the great necessity as aforesaid
County did exhibit a Presentment in the Court of Kings Bench importing that this Chanel called Fossedike extending it self from the River of Trent at Torksey unto the City of Lincolne having been antiently open and full of water so that ships and boats laden with Victual and other vendible Commodities did use to passe to and from Notingham Yorke Kingston upon Hull and sundry other places and Counties by the said River of Trent and so by this Chanel to Lincolne and from Lincolne to Boston to the great benefit of the said City of Lincolne and advantage of all Tradesmen passing that way as also of the whole Country adjacent was then choakt up for want of clensing and repair And that the Prior of Torkesey and town of Torksey with the members thereof the Prioresse of Fosse Iohn Bishop of Lincolne Gilb. Earl of Angos his Tenants Sir Raphe Daubney Knight and his Tenants the Abbot of Newsum Iohn Frunell ● the Tenants of the lands of Gilbert de Bridshull the Tenants of the lands of Hugh de Normanton of Saxelbie the Lady Katherine Swinford Iohn Brett of Thornhagh in the County of Notingham Sir Raphe Painell Knight and all other the Lords of the Towns lying on each side the said Chanell and their Ancestors whose Lordships lay on either side and abutting on the same every man according to the proportion lying against his own Lordship did and ought to clense and repair the said Chanel And they said moreover that it had been so choakt up and obstructed for above thirty years then last past to the great damage of the King as also of the whole Country and City aforesaid Notwithstanding which Presentment the King issued out a Commission the very next ensuing year unto Sir Michael de la Pole Knight Mr Geffrey le Scrope and Iohn de Stafford Clerk to enquire touching the obstruction thereof But I make a question whether it was thereupon clensed for in 8 R. 2. which was about nine years after I find that Iohn Duke of Lancaster Iohn Bishop of Lincolne Henry Percy Earl of Northumberland Sir Michael de la Pole Knight Sir Philip Darcy Knight and others were appointed by the said King to cause it to be repaired and scoured so that ships and boats might have a clear passage through it as antiently they had used CAP. XXXI The Marshes on Withom ON the South side of this Province lyeth the River of Witham extending it self from the Suburb of Lincolne to Boston by which stream great Vessels have antiently come up from Boston to that City as the Inhabitants thereof do by tradition affirm and as may seem by large ribs of them which within memory have been there dig'd up But the descent of this stream from the said City to the Sea is so little that the water having a slow passage cannot keep it wide and deep enough either for navigation or drayning of the adjacent Marshes without the frequent helps of digging and clearing the same the mud and weeds increasing so much therein I shall therefore in the next place take notice of what I have met with tending to that purpose as also of it's course above that City whereof the first mention that I find is in 6 E. 3. Henry de Fienton Will. Dysney and Thomas de Sibthorpe being then constituted the Kings Commissioners for the viewing thereo● betwixt the Town of Bekingham and the City of Lincolne it being turned out of it's right Chanel in sundry places and so obstructed with sand mud and plantation of Trees as also by Floud-gates Sluses Mills Causeys and Ditches that the course of the same being hindred caused frequent inundations to the lands adjacent After this viz. in 37 E. 3. there was a Presentment exhibited to Iohn de Repynghale and H. Asty then the said Kings Commissioners of Sewers sitting at Newerk upon Monday next after the Feast of S. Laurence for the view of the said River of Withom and removing all obstructions and impediments wherby the free current thereof from the Town of Claypole unto the said City of Lincolne was hindred VVhich Presentment being made by the Jurors for the Wapentakes of Boby and Graffow importeth that the East Mill at Bracebrigge belonging to the Knights Hospitalars of S. Iohn of Ierusalem in England standing in the right course of that River did obstruct the current thereof to the great damage of the said King and the Country and that this was through the default of those Knights Hospitalars And they farther said that the same River then had not sufficient depth nor bredth from the Sheep-cote belonging to the Prior of S. Katherines unto the bridge at Bracebrigge and that the said Knights Hospitalars had certain Floud-gates ther● which did turn the right course of that River out of it's proper Chanel whereupon the Shireeve of Lincolnshire was commanded to summon the Prior of the said Hospital of S. Iohn of Ierusalem to appear before those Commissioners at Newerk the Wednesday next after the Feast of the Assumption of the blessed Virgin then next ensuing to answer to these particulars Who appearing accordingly did allege that he and his Predecessors had been seized of the said Mill time out of mind as in the right of their House and that the said Mill then stood as it had antiently used to do without that that either he or his Predecessors had built any new Mill there and that this he was ready to justifie And as to the Floud-gates he said that it was erected there time out of mind with this Order viz. that the Gates thereof should be yearly removed from the Feast day of S. Elene in the month of May unto the Feast day of the Exaltation of the Holy Crosse but that after that day untill the Feast of S. Elene they should stand in their places And if the said River of Withom should happen upon any occasion to be so much raised as to be above a certain stake standing on the South side of the said Floudgates then the same Gates to be removed untill the water should abate to the height of that stake which said stake had been there made and placed for a gage time out of mind without that that any Floud-gates were raised higher than that stake or that the same Floud-gates ought to be removed The businesse therefore being come to this issue the said Commissioners sitting at Carleton in Moreland on Friday next after the Feast of S. Iohn Baptist in the year abovesaid it was found by a verdict of the Jurors that the said Prior of S. Iohns and his Predecessors were not seized of the said Mill and Floud-gates time out of mind as had been before alleged but that they were erected there after that time though not by the said Prior therefore it was decreed that the said Mill and Floud-gates should be removed and the Shireeve of Lincolnshire had command to remove them accordingly and to make certificate of his doings