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 â—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
choakâ— up did endanger the drowning the adjacent Marshes and that the clensing thereof pertained to the heirs of the said Richard And lastly that there was a certain Sewer called Ozflete pasâ—ing from the water of S. Thomas unto the Thames stopt up also for want of clensing to the great annoyance of the Lands of Iohn Capsho and Robert Allard which Sewer ought to have been scoured by the said Iohn and Robert It was therefore ordained by the before-specified Justices that the said Sir Iohn le Latimer and the rest of the persons so presented as aforesaid should be distrained to make good the several repairs above-mentioned so belonging unto them In 26 E. 3. Will. Thorpe Iames Hâ—fee and Will. de Fifhide were appointed 〈◊〉 view and repair the Banks aâ—â—he Stewes and in other places adjaâ—â—â—â—â— by the breach whereof divers groundâ— and meadows lay then totally drowned And in 37 E. 3. Edmund Chelreye Thomas Morice and Michael Skillyng had the like appointment for those Banks neer the said Stewes which were opposite to the Mannour House of Iohn de Moâ—bray Before which Commissioners divers presentments were then made touching those Banks and Sewers neer the same Stewes where divers persons being found faulty paid fines to the King others acknowleged that they ought to repair them by the perch and others had made good what belonged to them to do whereof the Prior of S. Iohns of Ierusalem was one who had two Mills there and other lands to the value of xl per annum The like was certified of Sir Iohn de Moubray Knight and Elizabeth his wife daughter and heir of Iohn de Segrave In 42 E. 3. Iohn Lovekin Will. Taâ—ke Will. de Neudigate anâ— othâ—rs had the like assignation for the Banks c. extending from a place called Dâ—nielissewalle in this County of Surrey to Roddisâ—orne in Kent And in 48 E. 3. Robert Bealknap Will. Halden Roger Dygge and others for the same Banks betwixt Danyeleswalle and the Land of the Prior of S. Marie de Overe and about a medow called Croâ—chemede by which Commiâ—sion â—hâ—y â—ere directed to proceed according to the Law and Custome of this Realm of England In 4 H. 5. Iohn Pâ—eston Sir Iohn Dâ—ayton Knight Thomas Rothewell junior Thowes Drewe Richard Wydeforde and Thomas Coventre were constituted Commissioners for the view and repair of the Banks Ditches c. all along the Verge of the Thames on both sides from Reading to Oxford which were then broken in many places with appointment to proceed therein according to the Law and Custome of England The next year following Iohn Preston Iohn Martyn Iohn Corf Iohn Appulton Robert Skyrne and Nicholas Conyngston had the like Commission for those Banks c. betwixt Depford strond and Bermundsey wherein they were directed to act according to the Custome of â—he Marsh and the Law and Custome of this Realm In 22 H. 6. Sir Iohn Burcestre Knight Ricâ—ard Bamme Richard Comâ—e Will. Oâ—â—urne Adam Lynelord Iohn Martyn Iohn Malton and Will. Kyrton were assigned to view all those Banks on the side of Thames and marshes adjoyning aswell within the Lordships of South Lambehithe North Lambehithe Lambehithe mershe and Parysh-garden as in Southwerk Bermundsey Retherhithe Depford stronde Peckham Hacham Camerwell Stokwell Clopham and Newyngton in the Counties of Surrey and Kent which were at that time broken and in decay and to take order for the repair of them As also to make necessary Laws and Ordinances for the safeguard and preservation of them according to the Laws and Customes of Romeney Marsh And morâ—over to imprâ—st so many Diggers and Labourers to be imployed thâ—rein upon compâ—â—ent salaryes as should be necessary in respâ—ct of the great necessity at that time for the speedy dispatch of that work The like Commission and direction had Iohn Bamburgh Richard Bamme Richard Drax and Philip Leweston in 25 H. 6. for the Banks in the same Lordships and places And in 31 H. 6. Sir Iohn Burcestre Knight Richard Waller Esquire Will. Laken Philip Leweston and others had the like for the view of all the Banks from East-Grenewiche in Kent to Wandesworth in Surrey So also had the said Sir Iohn Burcestre Sir Iohn Cheyne Knights Richard Waller Esquire Will. Laken and others for those betwixt West-Grenewiche and Wandesworth aforesaid viz. to the Sluces callâ—d Harescluse Râ—therhithe Suthwerke Bermondsey Parysgaâ—dyn Lâ—mbehythe Lambehythe mersh Batersey Wandesworth Clopham Pekham and Camberwerwell The like Commission for the same Places and to proceed accordingly had Sir Iohn Bourgchier of Barners Knight Sir Iohn Burcestre Sir Iohn Cheyne Knights and others in 33 H. 6. So also had Sir Raphe Iosselyn Knight Mayor of the City of London Sir Walter Moile Knight Sir Iohn Burcestre Knight Nich. Gaynesford Esquire Iohn Wode and others in 5 E. 4. And likewise Sir Richard Fenys Lord Dacres Iohn Abbot of Bermundsey Henry Prior of S. Marie Overey in Suthwerk Will. Crosse Master of the Hospital of S. Thomas the martyr in Suthwerk and divers others in 14 E. 4. CAP. XV. HAving now done with the Marshes on the South part of Thames I come to those on the North side lying in the Counties of Midlesex and Essex beginning with Middlesex where the first mention I find of any thing in this kind is that in 26 E. 1. Robert de Retford and Henry Spigurnell were assigned to view and repair the Banks and Ditches in Stebbenhethe and the parts adjacent After this viz. on Wednesâ—ay next after the Feast of S. Martin the Bishop in 18 E. 2. there was an inquisition taken at the Hospital of S. Kathrines neer the Tower of London before Will. de Broke and Robert de Kellesey then the Kings Justices for view of the Banks Ditches c. lying betwixt the said Hospital and the Town of Chadewelle and for repair of the same before whom the Jurors did present upon their Oaths that a certain person of antient time Lord of the Mannour of Stebenhethe before-mentioned whose name they knew not did by his industry recover a certain Marsh there containing about an hundred Acres of Land which Marsh was then drowned by the overflowing of the Thames and at the time of the said presentment so made had Banks Ditches c. and did so lye betwixt the said Hospital and Shadwelle but through the want of their repair was then frequently overflowed and in divers places drowned to the great damage of the people in those parts Which Lord of the said Mannour of Stebenhethe did afterwards grant by Charter to certain of his free men xlij acres and a half of Land with the appurtenances severally by parcells to be held by them and their heirs by certain services for ever and to repair and maintain the said Banks Ditches Sewers c. viz. each man upon his own proper ground bordering on the said River of Thames of which xlij
said bank to take care of it's amendment In 34 H. 6. Sir Iohn Fortescu Knight then chief Justice of the Kings bench Iohn Fylolle Thomas Burgoyne Walter Grene Iohn Harpour Robert Tanfeld Will. Chadworth Thomas Cornwalys and Thomas Croxton were appointed Commissioners for the view and repair of the banks c. lying betwixt S. Katherines Mill before mentioned unto the Chapel called S. Marie Matfelone thence to the Church of S. Dunstans in Stepenhithe thence to the Church of S. Leonard in Bremley thence to the River of Leye thence to the Thames and so to the said Mill And to make Laws and Ordinances according to those of Romeney marsh The like Commission in 7 E. 4. had Thomas Abbot of Graces neer the Tower of London Thomas Urswyk Thomas Frowyk Esquire and others In 14 E. 4. Sir Thomas Urswyke Knight Iohn Elryngtone Thomas Frowyk Will. Essex and others were assigned to view and take order for the repair of all those banks c. lying betwixt the Tower of London and the Town of Stratford atte Bowe and to proceed therein by making Laws c. and otherwise according to the Laws and Customes of Romeney marsh In 20 E. 4. Thomas Bishop of London Edmund Abbot of Graces Will. Wirsley Dean of Pauls Sir Iohn Elryngton and Sir Thomas Frowyk Knights Richard Gardener and others had the like assignation for those betwixt the Town of Lymeostez and the wall called Black Wall So also in the same year had the said Thomas Edmund and William together with Henry Sharpe Dean of the free Chapel of S. Stephan within the Kings Palace at Westminster Iohn Harding Master of the Hospital of S. Thomas of Acon in the City of London Sir Iohn Elryngton Knight Sir Thomas Frowyk Knight Richard Gardner and others for all the banks upon the River of Thames and Leye betwixt the metes and bounds of the City of London and the bridge of Stratford atte Bowe on the North and West side of those Rivers and the Road-way which lyeth betwixt White Chapell parish and the Town of Stratford atte Bowe before-specified CAP. XVI Marshes in the Suburbs of LONDON AND that some places in the very Suburbs of the City of London it self have originally been Fenny and Moorish though now by no small industry and cost equalling the chiefest which were naturally otherwise is apparent from undoubted testimony Fitz Stephan who lived above five hundred years since speaking of that place now called Moore Fields saying thus Cum est congelata palus illa magna quae moenia urbis Aquilonalis alluit exeunt lusum super glaciem densae juvenum turmae c. When the great Fen which watereth the walls on the North side of the City is frozen multitudes of young people go to play upon the Ice Some taking a little room to run do set their feet a good distance and glide a great way Others sit upon thick pieces of Ice as big as Mill-stones and being drawn by many who hold hand in hand when the foot of one slippeth they all tumble down together But others more expert in sporting thereon fix bones under their heeles and taking a Pike-staff do shove themselves forward with so much force that they glide with no lesse swiftnesse than a Bird flyeth or an Arrow passeth out of a Bow This Fen saith Stow stretching from the wall of the City betwixt Bishops-gate and the Posterne called Cripple-gate to Finsbury and to Holy-well continued a waste and an unprofitable ground a long time so that the same was all letten for four Marks the year in the reign of King Edward the second But in the year MCCCCxv 3 H. 5. Thomas Fawconer Maior caused the wall to be broken towards the Moor and builded the Postern called Moore gate for ease of the Citizens to walk that way upon Causeys to Iseldâ—n and Hoxton Moreover he caused the Ditches of the City and other the Ditches from Shores-ditch to Deepe Ditch by Bethlem into the Moore ditch to be newly cast and clensed by means whereof the said Fen or Moor was greatly drained and dryed And in the year MDxij Roger Atchley Maior caused divers Dikes to be cast and made to drain the waters of the said Moore fields with bridges arched over them and the grounds about to be levelled whereby the said field was made somwhat more commodious but yet it stood ful of noysome waters Whereupon in the year MDxxvij Sir Thomas Seymour Maior caused divers Sluces to be made to convey the said waters over the Town ditch into the course of Walbrooke and so into the Thames and by these degrees was this Fen or Moore at length made main and hard ground which before being overgrown with Flaggs Sedges and Rushes served to no use Nor was the ground in Fleetstreete and thereabouts long since much better than a Marish for the same Author saith that in the year MDXCv he observed that when the Labourers had broken up the pavement against Chancery lane end up towards S. Dunstan's Church and had digged four foot deep they found another pavement of hard stone more sufficient than the first and therefore harder to be broken under which were in the made-ground piles of Timber driven very thick and almost close together the same being as black as cole and many of them rotten And now to manifest that not only the Law but the usual practice is where disobedience or neglect hath been found in those as be chardgable with the maintenance of any Banks or Sewers made for the common defence of such Marshes as are in danger of surrounding that coercion is to be exercised for the performance thereof I shall here exhibit the testimony of a Decree made in a Session of Sewers held at Ilford in Essex 19º Aprilis Aº 1639. which reciting an Ordinance made in the like Session at Ilford before-specified for raising the summ of seventeen hundred and six pounds for repairing a breach in the Banks or Marsh-wall of Bromley marsh in this County whereby ninety four Acres of land were surrounded and the neglect of certain persons therein named to pay their proportion thereof which were assessed upon them a Lease for xli years was made of several parcels of ground belonging to those so neglecting unto others at the Rent of one pepper corn yearly CAP. XVII HAving now done with the Marshes in Middlesex I come to those in Essex which Counties are divided by the River of Lye antiently called Luye Of this River it is memorable that the Danes in the year of Christ 894. and 23 of King Alfred's reign sayled up it with their Ships and built a Castle on the Bank thereof about xx miles from London Neer which the Londoners giving them battail and having the better of the day put them to flight so that they were constrained to flye to that Hold whereof the King having notice he caused this River to be cut into three branches to
Symond Knight Roger Ashburnham Stephan Betenham and Iohn Broke were constituted Commissioners to view and repair the Banks c. betwixt Beauclif and Sturdesâ—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
Acres and a half Iohn Gisors Iohn Peyrun and Maude de Cauntebrig held xxxij Acres the Master of the Hospital of S. Thomas the Martyr of Acon in the said City of London ten acres and Walter Crepyn half an acre and that the said Lord of that Mannour dimised the residue of those hundred Acres to the Bondmen of the said Mannour to hold at will and to repair and maintain the Banks Ditches c. aforesaid every man at his own proper costs upon the said Lands so to him demised And they farther said that the said Lord and his Court of Stebenhethe did then decree and ordain by the assent of those his Tenants two men called Wall Reeves to oversee the said Banks c. upon the ebbing and flowing of the Tides and to warn all the Tenants of the said Lands as often as need should require to repair them and likewise to present the defaults in the Court of the said Lord at Stebenheth to the end that the defects might be thereupon amended by the said Lord and his Tenants And that the said Lord ought to have of every such Tenant so in default for the repair aforesaid for every peny three pâ—nce And so to settle the order of defence repair and maintenance of the said Banks c. in time to come and likewise the manner of choâ—sing and constituting the two men aforesaid in the said Court of the Lord to oversee those Ditches c. and to warn the Tenants when need should require from that time forth for ever Which Custome and usage had ever been exercised from that time from time to time by the Tenants of the Lords of that Mannour untill that present day the state and Title of which Lord was then in the Bishop of London And the said Jurors moreover presented that through the default of the Bondmen of the said Bishop who then held the said Lands in Stebenhethe of him the said Bishop in form aforesaid and were so obliged to those repairs but could not perform them the Banks and Ditches were broken and torn and the Lands and Tenements aswell of the Free-holders as others peâ—ilously and with great damage overflowed And it was farther enquired whether any of the said Tenants did ever contribute to the aid of any other Tenant for the repair and maintenance of those Banks c. upon any such breach hapning in former times And it was answered no For they said that every Tenant had wont to repair and sustain all the Banks c. upon his own proper land at his own chardge upon perill which might befall And because that the before-specified Free-holders who were not guilty of the said breach nor the default thereof as by the said inquisition was found whereas they should have had benefit by the repair of those banks as in reason they ought and contrarywise sustained great losse that they might have their action therefore if they saw good And that the said Bishop and his Bondmen through whose neglect those breaches drowning and damages came should be distrained from day to day for the repair and maintenance aforesaid By reason of which Inquisition for that the King was informed that the said Bishop and his Bondmen did refuse to perform those repairs at their proper costs and chardges upon their lands bordering on the before-specified River the Shireeve had command that he should summon the said Bishop to appear in the Court of Kings Bench in the xvmâ— of S. Iohn Baptist to shew if he could why c. who came accordingly and alleged that soon after the said Inquisition was so made all the defects in the Banks upon his and his said Bondmens Lands were by him and them sufficiently amended and repaired and the judgement given upon the same Inquisition â—ully executed and therefore saith that the Lands and Tenements aforesaid were not overflowed and drowned through the default of the Bishop and his Bondmen in not repairing and maintaining the Banks c. aforesaid upon those their Lands But he said that on the Even of the Circumcision of our Lord in the xviith year of the said Kings reign there hapned a mighty floud proceeding from the tempestuousnesse of the Sea which overflowed all the Banks aswell those that were against other mens lands as those against the lands of the same Bishop and his Bondmen and drowned all the said grounds Which floud afterwards in it's retreat to the Sea made a certain ground-breach upon the Land of the said Bishop which could not be repaired by the labour of one Tenant so that every man having any land so overflowed ought to be chardged equally for his proportion towards the repair thereof according to the Custome of the Marsh. And farther said that if all the Land-holders there would joyn together for the repairing and maintaining of the said ground-breach in common he the said Bishop and his Bondmen would be ready for their proportions to assist and contribute thereto And Adam de Fyncham the King's Attorney then said that the said Walls c. were so broken and torn through the default of repair by the said Bishop and his Tenants upon their own grounds that all the before-specified Lands and Tenements were thereby overflowed and in divers places drowned as aforesaid to the great damage and peril of all those Land-holders And that this he was ready to make proof of And the Bishop said as he did before and that if there were any overflowing at all it was occasioned by the said impetuous floud which went over all the said Banks and Ditches and which made that ground-breach before-specified in it's retreat and not by the default of him and his Bondmen aforesaid and desired that this might be enquired of by the County And so likewise did the said Adam then the Kings Attorney Whereupon the Jurors in the said Court of Kings Bench in the xvme of S. Michael and said upon their Oathes that the Banks Ditches c. upon the coast of Thames situate betwixt the said Hospital and the Town of Shadwell were not broken through the default of the Bishop and his bondmen and that the said Lands were not so overflowed and drowned through any defect in repair of them For they said that all the Land was so overflowed by the means of that huge floud before-mentioned occasioned through the vehement tempests from the Sea about the Feast of the Circumcision of our Lord before-specified which ran over all the said Banks and Ditches and which in it's fall to the Sea made the said ground-breach whereby those Lands became afterwards often overflowed and drowned And the said Jurors being asked who ought to repair that ground-breach answered that according to the Custome of those parts every man having any part in the said Land lying betwixt the said Hospital and Shadwell ought and had wont to contribute according to his proportion to the repair and maintenance of such a ground-breach when it should happen And therefore
the land between the Briggecroft and the Messuage late Peter Mountfords Also that the Eâ—brynke at the River of Wygenhale from Geyrys dam to Geylode drove ought to be raiâ—ed two foot above the high Water-Mark as it was in the xiiijth year of the reign of K. Edw. the second and to be ten foot in bredth at the top And the said Ee brynke to be made maintained at the charge of the landholders in Newlond Watlington And that all the Ee brynks in Watlyngton be made and repaired before the days assigned by the Dichgreves upon penalty of Bylaw which is for every perch xiid. And that all the Banks in the said Town for defence against the fresh waters be likewise made according to the days assigned by the Dichgreves upon the like penalty of By-law which is for every perch vid. And they said that all the Sewers and Gutters in the Cornfen and Newland ought to be made before the days so likewise assigned by the Dichgreves according to the Ordinance made before the Justices upon penalty of the Bylaw viz. for default of every perch iijd. Also that the Custome of Marshland is that they who ought to make or repair their Banks shall be warned to do the same by a certain day and that if they fail therein then that the Bylaw shall be levyed upon them And they moreover ordainedâ— that all such as had Stowes lying in their Sewers any year or after the Feast of All Saints should pay to the Dichgreves for every such transgression vid. And that all the Tenants and Commoners in Watlington should meet twice in the year and hold the Customes of Marshland And that there should be chosen from year to year certain Bayliffs which are called Dichegreves who may have power on the Kings behalf to distrain the offenders both within and without their houses by all their Goods and Catals found in the said Town And that whensoever those Dichgreves should find any Hoggs rooting upon the Ee bryuk it should be lawfull for them to impound them and to keep them so impounded till they shall receive three pence for every Hog And that when any man is reasonably required to repair and maintain his said Banks Ditches c. and shall neglect so to do so that his Goods and Catals are thereupon taken by the said Dichgreves or their Deputies the said Dichgreves shall receive for their pains in so distraining them id for each distress By another Inquisition n taken about that time before Sir Robert de Scales Sir Iohn de Fytton and others it appears that the Jurors presented upon Oath that the Inhabitants of Watlington and Runcton holme suffred great losses in the Common of Pasture belonging to those Towns for want of Gutters and Sewers there And they said that the Sewer which extendeth it self from Monyescroft in South old Ee Westwards to the Hirne croft and from the East end of Hirne croft into the Ditch which is betwixt the Field called the Sight from Geylode drove directly to the Eebrynke of Wigenhale ought to be amended made deeper so that the water running therin might pass without any impediment and to be in bredth eight foot for the whole length thereof And that a Gutter should be made through the midst of Heibrynke in bredth three foot and as much in height through the midst whereof the water may run in Wigenhale Ee. And they said that the same Gutter and Sewer at Geylode drove ought to be made maintained repaired and clensed as often as need should require at the charges of those which had Common of Pasture or that had Common betwixt Gerys dam and Flemyngs hithe each man according to the proportion of what he held and as they had benefit and preservation by the said Sewer And that the said Commoners should every year meet at the Old Ee on the morrow after Trinity Sunday and keep the Customes of Marshland And for the performance of the premisses there were chosen four Guardians by the said Jurors In 7 E. 3. Iohn Claver Robert de Welle Thomas de Birston and Simon Costyn were constituted Commissioners for the view and repair of the Banks Ditches Sewers c. in the Towns of Midleton Sechithe Rungetone Westwynche Watlyngtone Wirmegey Shuldham and Pentney in this part of Norfolk Upon a Presentment in 37 E. 3. there was a Precept directed to the Shireeve and Iohn Berney to enquire how the River of Smal Ee came to be obstructed and who ought to scour it as also what Towns had damage thereby By a pleading in 41 E. 3 Sir Hamond de Felton Knight then Lord of the Mannour of Dansey could not deny but that he ought to clense the several waters running from Gaywood to the Sea called Danseye hee which was then obstructed and that he ought likewise to make and repair a Bridge there then ruinous the Shireeve thereof had command to distrain him and his Tenants both to clense the said Chanel and repair that Bridge In 44 E. 3. the Mayor Aldermen and Constables of Lenne were commanded to view the Ditches compassing that Town which by reason of its situation upon an arm of the Sea were through the ebbing and flowing of the Tides filled up with mud and other filth to the great damage of that Town and to take course for the speedy remedy thereof In 4 H. 4. Iohn Hevenyngham Iohn White Raphe Ramsey Will. Snetesham Iohn Clere and Robert Marcham had Commission to view the Banks Ditches and Sewers c. betwixt the Town of great Iernemuth and the City of Norwich on the one part and the said Towns of great Iernemuth and Bekles on the other which were then in decay with special direction to perform all things therein according to the Law and Custome of this Realm and those parts of this County By an Indenture tripartite made in the Church of S. German at Wigenhale on the Feast day of S. Mark the Evangelist in 11 H. 4. it appeareth that the Abbot of Dereham Prior of Shuldham Prior of Pentney Robert Kervill and Iohn Elwin Tenants of the Lands lying on the East side of the River of UUigenhale aforesaid and the xij Jurors then in the Sembec there did for themselves and their successors with the consent and assent of all the Land-holders on the said East part of UUigenhale and of the Hamlet of Sadylbow â— grant unto the Prior and Covent of UUestacre and to the Prioresse and Covent of Blackvergh and their successors as also to Will. Campneys and Margerie his wife their heirs and assigns that they the said Prior Prioresse William and Margery of their own proper costs might make a certain VVater-course or Sewer sufficient for all the Lands and Tenements of the said Prior and Prioresse and their successors and of the said William and Margerie and their heirs and assigns lying in the Erles march viz. betwixt the Erles dich on the North part