lane bridge and thence to the Smethe lode Bridges Holmes Bridge Borret bridge situate over the main Drayn Mayes Bridge upon the same Drayn Another Bridge at Small Droves end Walton THe old Drayn extending from Clynkhyrne on the North part and abutting upon Newland lane on the South end Another Drayn extending from Crosse-green by Halehyrne to a place called le Yates Wall at the foot of Walton Sea dike and thence to Gybson's bridge Another Drayn beginning at Gibson's bridge and thence to the Smethe lode Bridges Gybson's bridge Old fen dich bridge Terington THe common Drayn extending from Fawkesfield to Oxhow borde and from thence into the Smethe lode Another Drayn extending through the same Town unto the Smethe lode Bridges One Bridge over the common Drayn at St. Iohns lane end Another at the Old fen dich A third ruinous adjoyning to the common Sewer called the Smethe lode Tylney with the Hamlets THe More dich drayn beginning at Tungreen bridge and so going to Wyndbrigge Read's Drayn beginning at Rysgate and extending to the Common Sewer The Fen dich drayn beginning at the West end of Tylney drove and extending to Pollets gool Another Drayn beginning at the West end of Meeres greâ—n and so extending to Creydike from thence to Fryth dich gole and so into the main River Another Drayn coming out of Spellow field and so over Meyres green to Meyres green Drayn Another called Black dich lying from Terington to Islington Fen end Bridges Five Bridges upon Moredich drayn whereof two are in Sale yate a third called Tungreen bridge another called Moredich bridge and the fift at the end of the said Drayn Another Bridge at Rysegate Another adjoyning to the Common Sewer Another Bridge called Fen dich bridge Another Bridge called Pollets gool bridge Another called Poyse gole bridge Another called Meyres green bridge Another at Dodale fedham Another called Meyres dich bridge A Causey called Islington droves end lying between the Bridges of Islington and Wigenhall Wigenhall A Drayn that beginneth at Crow gool and extendeth to New land gate thence to Barnwell Cloyt thence to Cowstow pipe and so to Raynham gool Another called St. Peters dich leading from Islington bridge to West fen lode Another called the High fen dich leading from Cowstow to Pykers hyrne thence to Hel bottom and so into the main River Another called the Heddings beginning at Pykers hyrn and thence extending to Hel bottom Another called the Border extending from Wygenhall mere to Pykers hyrne Another lying from Wigenhall mere to Scales corner so forth to Newfield heddyng between the Spade gonge and Islington drove Another called Simons lode extending from a place called the Senston alias the Hook and thence to Symonslode gool Another called Crosse lode extending from the Hook to the main River Another called Iohn's lode extending from the said Hook unto Iohn's-lode gool Another called Bustard's lode which extendeth from the said Hook unto Buctard lode gool Another called Griggs lode extending from a place called the Lowe way to the Gool head at the main River Another Drayn coming from West fen dich to Griggs gool Another called Martin drayn Another called New dich beginning at the West part of the Common belonging to Stow Bardolf Wynbotesham and Downham and extending to the main River Another Drayn lying in Stow-Bardolf from a place called West head into the main River A Dike belonging to Dounham which extendeth from Dounham bridge unto the chardge of the C. Acres of Stow Bardolf lying at the new Powdich Bridges and Causeys Gillingore brigge A Causey called called Wigenhall mere extending from the old Pow dike to Black dich A certain Causey called Low side A Common Causey called Stow brinke extending from a place called Scapwere unto the Common gate Memorandum that the Ward dich called the Little Pow dich ought to be repaired by the Townships of Tylney with it's Hamlets Terington Walpole Walton UUalsoken and Emneth A note of the Chardges which do yearly belong to Marshland being but eight Towns INprimis in the High ways for Travellers there are xxv Bridges valued in their reparations yearly at Cl. Item there is in the other ways of the Countrey Lxxx Bridges and five Gooles without which the Country is neither habitable nor passable valued yearly for reparations at DCl Item there are two other Gooles very great ones with Drayns into the River of Ouse one called Knight's goole the other the New goole valued yearly for reparations at CCl. Item the Sea-Banks of the Countrey valued yearly for reparations at M Ml. Item the Pow dikes the one called the New Pow dike and the other the Old Pow dike which be defensive Banks against the fresh waters valued yearly for reparations at Cl. The total 3000l. CHAP. XLV HAving no more to say of Marshland I shall next take notice of the remainder of this Country lying Eastwards from the River Ouse and then of those parts of Suffolk wherein any improvement hath been made by Banking and Drayning In 55 H. 3. complaint being made that about seven hundred acres of Marish and other Lands belonging to William Bardolf and the Prior of Wyrmyngey lying in Wyrmyngey and Tokenhull were then overflowed more than formerly partly by inundations from the Sea and River of Secchehithe and partly by the making of Pools and otherwise so that the said Prior had received very much damage thereby And that there was a certain Causey lying in the proper soil of the said William overthwart the said Mannours which Causey was the Kings High-way to Lenne through the midst whereof a certain stream of water passed behind a Mill And that the said William and his Ancestors having permitted the people of the Country for their common benefit to raise the same Causey in the Winter season the said stream of water which had wont to have it's course through the midst of it as aforesaid was thereby so stopt that it overflowed all the lowgrounds therabouts the King therefore being desirous that there should be some remedy had therein granted a Commission to Iohn de Cokefeld to enquire the truth thereof and how and in what manner those Marish grounds might be drayned with the least damage to the Country In 5 E. 1. upon the like complaint that the course of the River at Wirmegay had been so obstructed by the frequent inundations of the Sea that two thousand Acres of Land Meadow and Pasture lying in the Marshes of Midleton and Wirmegeye were drowned the King assigned Raphe de Wyrham and Will. de Midleton to enquire thereof and how they might be so drained as aforesaid And in 22 E. 1. Peter de Campania and Adam de Shropham were constituted Commissioners for the view and repair of the Banks Ditches and Sewers of Middelton Rungetone and Sechithe then ruinous and in decay by reason of the Tides and flouds of fresh water Other general Commissions of the like nature were afterwards issued
made higher by three foot 120. And that Guyhirne gole be banked with a Bank of xvi foot and in height x foot by all the lands lying in Wisbeche between Sorcel dike and the high Fendike On the 12th of Iuly in the same 13th year of Qâ—een Eliz. reign it was thus ordered by Robert Bell Ieffrey Coleville William Hunston Robert Balam William Brian Richard Nicholas Thomas Hewar and Henry Hunston Esquires Justices of Sewers for the Countrey of Marshland in the County of Norffolf and for the Borders and Confines of the same viz. Forasmuch as Bishops dyke within the Isle of Ely is greatly decayed by the abundance of fresh waters which hapned this last Winter the like whereof was never seen within the remembrance of man to the great decaying and impairing of Broken dyke being one of the defencâ—-Dikes for salvation of the whole Country of Marshlande to the great peril of the drowning the said Country of Marshland and to the utter undoing of all the Landholders of the East side of Elme between the said Bishop's dike and Broken dike if the said Bishop's dike be not sufficiently repaired and amended in time the experience wherof was too manifest this last winter to the great losse of a number of the Queen's Majesties Subjects the misery whereof is unspeakable it is therefore condescended and agreed by the said Justices That the Landholders of Elme within the Isle of Ely aforesaid between Nedeham dyke and Broken-dyke aswell for that the Countty of Marshland may the better repair and maintain the said Broken dike this last Winter decayed by the means of the overflowing of the said Bishop's dike as also to be without charge of making and defending of the said Broken dike the said Broken dyke being maintained which cannot be if the land there remain surrounded still and so thereby no profit to be reaped by the Owners of the same land shall have license to issue out the water of Oldfield between Needham dike and Broken dyke at the Gote or Pipe already laid on Broken dike not far distant from Blewick's house and to issue into Marshland by the direction of Mr. Balam Mr. Hewar and Mr. Henry Hunston through Emneth and Walsoken in the highest parts of Marshland Provided that when it shall be thought by any two of the Justices aforesaid or by any four of the chiefest Landholders of the Country of Marshland then resiant within the said Country that the same water running underneath Broken dike is hurtfull to the Country of Marshland or to any part thereof or that it shall be perceived by any two of the said Justices or by any four of the chiefest Landholders of the Country of Mershland aforesaid that the Charge bearers of Bishop's dike be negligent in the well defending the said Bishops dyke or that the Landholders of Oldfield do not sufficiently from time to time maintain and keep Needham dike or lay any Gotes or Pipes in any place of the said Needham dike to issue any water from any part of the South side of the said Needham dike or that any water is received into Oldfield by any way or device to the intent to utter the same at the Gote in Broken-dyke other than the downfall of the Ayre falling into the aforesaid Oldfield that then and at all times afterwards it shall be lawfull for any of the Inhabitants of the Country of Marshland so to cease the running of the water through the same any thing mentioned in this Order or Law to the contrary notwithstanding Or if the owners of the lands which do lye between Needham dike and Broken dike or any of them do refuse to bear and pay all and every such charges to Knight's goole or to any Sewer leading thereunto as the other lands in Marshland do according to the number of Acres and the same to be paid to the Dikereeves in Emneth Or if the Owners and Landholders of Oldfield do not from time to time well and sufficiently repair and maintain aswell the said Gote or Pipe lying underneath or through Broken dike as also as much of the Bank or Dike called Broken dike alias Oldfield dike as the same Gote or Pipe is in length or bredth Or if the same Gote have not two strong dores viz. at each end one always in readinesse to be shut or stopped when occasion shall serve at or before the day of S. Michael the Arch Angel next ensuing the date hereof and from time to time thenceforth to continue and keep the same in good reparations or else to cease as is aforesaid At a Session of Sewers held at Wisbeche 22 Aprâ— xvi Eliz. Ordered that the Causey called Norwol dam shall be raised with gravell three foot higher than it is at the costs of the Hundred of Wisbeche saving a way to be left of xii foot in bredth with a Bridg over the same as heretofore hath been accustomed which Bridg to be made at the costs of the Bishop of Ely Also that Longe's drove in Elme shall be made sufficient to keep out Says field water by the Landholders of Oldfield In An 1576 xviii Eliz. was the first Improvement of Needham Buriall fields lying within the Precincts of Upwelle by an Agreement of the Landholders there on the xxiiiith day of Iune in the same year at which time they setled an Acre-shot of six pence the Acre for defraying the charge thereof And about two years after this at a Session of Sewers held at Erith brigge viz. 4º Augusti xx Eliz. it was ordered by the Justices that there should be a Bank made from Marysse dike unto Bishop's dike alias Lovedays dike over the River of Elme to be in height eight foot in bredth xii on the upper part and in the bottom xxxii foot as also a Clouse at Marisdam but so as Boats might passe through the same And likewise that the Bank beginning at Keâ—ismill and extending to Guy hirne and so by Coldham to Fryday bridg in Elme should be repaired so that the height thereof might be six foot the bredth in the bottom xxiiii foot and at the top 8 foot At a Session of Sewers held at Wisebeche upon the 12th of Iuly in xxiii Eliz. it was thus ordered that whereas the Common called Ladwers lying in Elme is drowned for want of a Crest that there be a Crest or Bank made beginning at Tylneyhirne and so leading to the New Leame thence by the River of Nene to the Horshooe thence to Marmond land thence to the West end of Langbeche adjoyning unto Bishops dike which Bank to be xii foot in the bottom in bredth 4 foot at the top and in height 5 foot And that the Sluse upon Marys dam shall be taken up and when the said Bank is made then to be set at New Leames end As also a convenient Tenement built meet for a man to dwell in for the keeping of the same And it was likewise
from the place called West head unto Welle Town so far as it hath been of late accustomed viz in height six foot above Bardolf Fenne and in bredth at the foundation xxx foot and in bredth on the highest part thereof xv foot 2. That no man take or dyke any menure within viij foot of the South part of the same Pow diche And on the North part of the same no menure to be taken within C. foot from the foot of the same Pow diche 3. That the same Powdiche be made by every particular Township whole and Common by Acre silver and not otherwise and the same to be done by every Township by Whitsunday then next coming or Midsomer at the farthest in pain of every Township xll. to be levyed to the use of the said King and Queens Majesty And that every particular Town do sufficiently Clay their particular charge on the fore-part thereof in thicknesse with Clay one foot and an half and on the top thereof one foot 4. And for the better preservation of the same Powdiche they did in like manner ordain that there should be re-edified upon the said Powdiche three Houses that is to say one at North hooke gate another between Walpole and Tirington gate upon the Bank and Powdiche and the third at Welle gate the charges to be levyed upon the whole Townships of Marshland and Town of Wigenhall by Acre silver 5. That if any man were then indited or thereafter should be indited vexed or molested for any cause touching the defence maintenance or preservation of the same Country and Town of UUigenhale then they and every of them to be defended and saved harmlesse by the said Country and Town of UUigenhale all so far as the Law will serve and permit 6. That the Broken dyke be sufficiently made maintained and repaired from time to time as it hath been in times past that year and other years thenceforth by the said Country of Marshland 7. That a view be made at Emneth by the chief Inhabitants of the Country where there might be newly made and re-edified within the Levell and Rinde thereof a new Dyke for the defence of the water if Broken dyke be broke which view to be at Sandy rood upon the Friday following by eight of the Clock And on the tenth day of the same month of April it was farther concluded by the consent of the said chief Inhabitants and Town of Wigenhale that the said Dyke called Broken dyke should be made maintained and kept from time to time by and at the costs charges and expences of the whole Country of Marshland as afore-time had been accustomed And that a new Dyke be made from Myll dam unto Peter Sanderson's house and so by the high way directly about unto a certain place called Suffield gate in such height thicknesse and bredth as Thomas Guybon Iohn Reppes William Hunston and Thomas Karvill Esquire Richard Baker alias Ladde Richard Nichols Henry Hunston and Thomas Hewar Gentleman or the more part of them with the advice of the workmen should think meet and convenient After this viz. in 8 Eliz. there were other Ordinances made touching the Banks Ditches and Sewers in these parts the substance whereof are as followeth viz. 1 That Rightforth lode from West-head or North hooke Westward being but 8 foot wide ought to made xij foot in bredth by Edmund Beaupre Esquire And so every person c. to make his or their part of the same widenesse from the said Edm. Beaupre VVestwards and so to Stowbridge 2 That the brinks of the great River from Stowbridge unto Common load be made in the upper part 8 foot in bredth between the Houses Hedges and VValls of the VVest part of Ouse 3 That Common lode lying on the South side of Stowbridge houses be made of the widenesse of xij foot and 4 foot deep with such a Sluse as Rightforth lode hath at Sâ—owbridge to be done c. at the charge of the Inhabitants of Dounham Wimbotesham and Stow-Bardolf for that it is their Drayn c. 4 That upon the stopping of Newlode lying between Common lode and Downhambridg the said lode called Common lode or Downham lode was made 5 That the gole betwixt Dounham bridg and Salters lode to be made xij foot wide and 4 foot deep and to extend into the Fen from the said Sluce a mile and more and scoured by the Inhabitants of Dounham 6 That the brinks on the VVest side of Ouse from Common lode to Dounham brigg be made xij foot broad in the bottom and 8 foot on the top and one foot higher than the highest water mark to be done by the Inhabitants of Stow-Bardolf UUymbotesham and Downham 7 That Edm. Beaupre Esquire and other the Land-holders in great Powdichfield and Whart medows have a Sluse at UUelle Clouses at the North head of Whartmedow and so to drayn through the midst of Marshland fenne 8 That the brinks of Ouse from Dounham bridge to Salters lode be made xij foot broad in the bottom and 8 foot at the top as also one foot higher than the highest water mark 9 That the new Powdiche from Salters lode to North delph be made xviij foot broad in the bottom xij foot at the top and â—ive foot in height from the plain ground And from North delph to Mullicourt â— of the same bredth at the top and bottom and six foot in height from the plain ground All which to be done and kept by the Inhabitants of Marshland the Town of Wigenhall the Land-holders of the hundred Acres within Stow Bardolf called the Lords hedding and the Land-holders of the decayed Tenement sometimes Bexwell's at North delph 10. And that from the East corner of Mullycourt unto Mullycourt drove it be made of the like bredth at the bottom and top by the Dean of Ely and six foot in height as abovesaid VVhich said Powdiche from Mullycourt droves end tendeth VVestwards unto the Bridge at the East end of Outwell Church and thence Northwest unto Boxstedstile which is the farthest bound of Outwell towards Emneth and is the division betwixt the half Hundred of Clakclose and the Hundred of Freebridge The which Bank or Causey ought to be made and kept by the Inhabitants of the Town of Outwell for their lands lying in Mullycourt field Sondy field and Powdich field 11. That the River of Welle called Welle Ee coming from the Bridge at the East end of Outwell Church and running Eastward till it come opposite to Saltham lake thence South East unto North delf thence Eastward to Salters lode to be made xxvij foot wide in the bottom and xl foot at the top from the said Bridge at Outwell Church to Mullycourt droves end by the Inhabitants of Outwell and from thence of the same widenesse by the Dean of Ely to Saltham lake and from thence to Salters lode of the like bredth by the Inhabitants of Marshland and Town of UUigenhall 12 That at the end of
this time I suppose it to be though it have no date that there was a Survey made of the Marshes about Wisebeche as followeth whereby it was found that the Marsh called the Hey fen belonging to the said Mannour of Wisebeche and to the Towns of Leverington Neuton Tyd Elme and Welle within the liberty of Ely did begin at the Shofe an continued from thence to the Horshooe by the old River thence to the Ditch of Robert de Marshe thence to Wride by the Bank belonging to the Abbot of Thorney unto the two furlongs beyond the Knor thence to Orchard sled thence to Stod path thence to Wipe by Dede hee unto Mimers thence to West fen cote by the said River thence to Wisemouth and thence by Swerdesdelf to Great Crosse and from Great Crosse by Hiden hee to Quedale and so to Mercheford by the Crike and the Heyronâ— unto Eching hee and so all along beyond Heyront to Thermercote and from Tharmares to Stanimeres and thence all along farther unto Pealyswere and so by Hold Wellen hee to Milnested and thence to Shrewid hist where the said Towns ought to Common together with their Cattel Horn under Horn Saving always to the Bishop his Royalty and Fishing within the said bounds In 21 E. 3. Sir Iohn de Colvile Knight Iohn de L'isle Iohn de Dayvile Hugh de Walton Adam de Walsokne and Will. de Neuport were constituted Commissioners for the view and repair of the Banks Ditches and Sewers in the Towns of Dodington and Elme The like Commission in 24 E. 3. had the said Sir Iohn de Colvile Iohn de L'isle Iohn de Pelham Hugh de VValton Adam de VValsokne and VVill. de Neuport So also in 26 E. 3. had Iohn de Colevill Iohn de Pelham VVill. Muchet Iames de Grauncecete and Hugh de Walton In 32 E. 3. Sir Robert del Ilde Kt. Sir Iohn de Colvill Sir Iohn de Wilton and Sir Iohn de Vernoun Kts Thomas de Ba Hugh de Walton Thumas de Welsh and Nich. de Massingham for those Banks upon the Sea coast within the Hundred of Wysebeche and Town of Marcheford in this County And in 37 E. 3. Laurence de Flete Iohn de Wilton Hugh Lovet Iohn Hoode Will. Hyptofyt and Nich. de Massyngham for all those in the Towns of Wisebeche and Leverington with the Hamlets of Neuton Elme Welle Marchford By virtue of which Commission the said Laurence and his associates sate at ........ on Thursday next after the Feast of the Annunciation of our Lady and upon Inquisition made touching the premisses they ordained that the Pipe lying under the River of Elme at the house of Iohn Massingham should be repaired and that a Clow should be made to the end that no water might passe from that Pipe unto Ieccons gote but in a measure and under the Chanel upon penalty of stopping the said Pipe in Elme at that house And they also ordained that a Causey should be made in the Smal drove in bredth eight foot and in height three at the charge of all the Landholders in the Newland on the South part of the River of Wisebeche and likewise that another Causey of the like bredth and height should be made from the Smal drove unto the Land of Gilbert Hillary where need required at the charge of the Landholders in Beckdale field And that all the Inhabitants of Elme should at their charges scour repair the Pipe lying under the Sewer of Elme at Hillâ—â—â— dich to the land of Will. Porter And they likewise ordained that a Clow should be made in Elme at the end of Hillary dich in bredth two foot and in depth as much at the charge of the Landholders drayning by that Clow And that when the River is low that no water do run through the said Clow but in the Chanel so that all the Lands of Wisebeche lying there have no damage by the said water And if any one of Elme or any other person whatsoever shall transgress this present Ordinance that then it may be lawfull for any Inhabitant of Wisebeche to stop the water so running through that Clow. And they farther ordained that the said Bank called Hillaries diche should be amended and raised higher by three foot and made eight foot in bredth from the said Clow to the River of UUysebeche at the charge of all those that had benefit by the same Clow. And that all the Heddings of the Middle dole be stopt with Clotes As also that a sufficient Bridge be made in Hillary diche betwixt the Lands of Henry Fayer and Will. Loke And that all the Crests and Clotes be sufficiently made betwixt the said Lands from Hillaryes dich to Brig diche And they moreover ordained that a Causey should be made from the old River of Elme to the River of UUisebeche in the Bridg drove â— in height three fooâ— and in bredth eight at the charge of the Inhabitants of Elme and Brig field And that a sufficient Bridge be made in the Bridg drove at the end of Iohn Mudfish his lands at the charge of the Inhabitants of Elme And likewise a Causey from the said Bridge unto the Pipe lying over the River at Mesdrove which Causey to be three foot in height and eight foot in bredth and to be done at the charge of the Land-holders of Elme drayning thereby And that the Inhabitants of Elme should at their own charges clense and repair a certain Pipe in UUsibeche lying over Meesdrove under the Sewer of Elme running by Boulstre brigg And they likewise ordained that a Clow should be made at Boulsterbrigg in height two foot and in depth as much at the charge of all the Landholders there but not suffered to run otherwise than when that Clow which was to be made at the end of Hillary diche did run upon penalty of stopping up the Sewer of Elme at Boulsterbrigg And that a Causey lying in Reynold's drove be made from Flemyng's drove to the River three foot in height and eight foot in bredth at the charge of all the Landholders in Longland And that the drayn of the Vicaridge Lands in Wisebeche called the Werch or the Weares should be raised three foot in height and eight foot in bredth at the croft of Iohn Simonde at the charge of all the Landholders in Elme that drayned thereby And they moreover ordained that Meesdrove Bolney hirst drayne and Cromediche should be raised and amended in all places needfull by a Causey of three foot in height and eight foot in bredth at the charge of the Sewer at Elme and the Lands of Bolnehirst And that all the Pipes Bridges Causeys Croftes Clotes and Clowes which ought to be made by the men of Elme be repaired and amended and sufficiently made before the Feast of S. Peter ad vincula upon penalty of stopping all the Sewers of Elme lying in Wisebeche And that two Pipes be put in East field and
said gotes 56. That the Heddings of Fytton Seacrofts be diked from Dods dyke unto Medow lane in bredth 8 foot and in depth 4. 57. That the Heddings of the lands in Fytton croft be diked in bredth 8 foot and in depth 4. from Lowing's Fendike unto Dods dike 58. That a Sewer be made by the Heddings of the lands in the midst of the old ......... viz. from Fittâ—â— Crosse unto the lands of Ieffrey Colvile Esquire called Worthens Croft in bredth 8 foot and in depth 4. 59. That a Sewer be made on the South side of Worthens Croft unto Dods dike in bredth 8 foot and depth 4. 60. That the Township of Newton time out of mind ought to repair a Dike called Lowings otherwise called Blackdike beginning at Fitton and so leading unto Tyd Sea-dyke in height 8 foot and bredth xii 61. That the Landholders of Iohn Clarke and Rolles field ought to make a Dam at the East end of Iohn Clarke's land in Newfield to keep the water of Newfield from running into Rolles field 62. That the whole Township of Newton ought to repair a Dike called Goredike from Block's lane leading to Shoffendike in height 8 foot and in bredth xii 63. That all the lands in Newton shall clense one Lode called Newton lode beginning at Fendike bridg and leading to Pickerd's stile to the four Gotes in bredth xii foot and in depth 4 foot 64. That the Landholders of Rolles field shall keep their Clotes and the Landholders of Newfield and all other fields that drayn that way shall make their Heddings in Rolles field from the lands of Iohn Clarke aforesaid unto Dod dike and there to make a Pipe of four foot square 65. That a Sewer be made in Newton from viii acres of ...... Drews at Fytton gole at the West end of meadow field and so all along by Medow lane unto West field and so by Sim. Troves 8 acres and from thence by the Heddings of Mr. Colvile's xx Acres and so over the Lane through a pipe to the Common Sewer of Newton to be diked 8 foot in bredth and depth 4 every man against his own land 66. That the Sewer in Fenlondfield beginning at Starts gate and so going into a Pipe lying over Franks lane and so to the mote of Geffrey Colvile Esquire and thence to another Pipe lying over the High way in the same Town of Newton neer to the Common Sewer be diked by all the Landholders that shall take profit thereby 67. That all the lands in Newton do make a Dike coming from Shofendike beginning at Goredike and so leading to Tyd thredding in height 8 foot and bredth 6. 68. That all Weres and Stamps being in the high lode of Newton from Shofendike into the 4 gotes be pulled up 69. That the Township of Leverington do make 8 Bridges in Newton and one Close shut which Bridges do lye towards the South the first at Stanfield's dore the second at the beginning of Black dike two at Leverington pipe with 2 stone walls one at Lords lane another at Child's grave otherwise called Taylors sheers one at Green dike and one at Start's dike 70. That the Landholders of Leverington ought to make the Heddings in Newton beginning at the burnt place in Fytton and so leading unto Fen-dike Bridges and thence by Galls field unto Start's bridge in height ... foot and in bredth 8 taking menure and paying to the Owner for every Rod of length 18 foot bredth 4 foot and depth four foot four pence Tydde S. Giles 71. That all the Landholders in Tyd S. Giles ought to make a certain agisted Dike called Shoffendike from Tyd thredding unto Ee graynes in Tyd in height six foot and bredth 8. 72. That a Bank called Ee dike and all Ee Banks from the said Eegraynes unto Tyd gote shall be made of the same height and bredth by all the said Inhabitants saving against Hockfield and other two places called the Ee dike or Bishops dike The which Ee dike to be made by the Bishop of Ely and the others by the Lord of the said Hockfield 73. That a petty Drayn be made in Newfield beginning at Brown's bridge at Newgate leading by Broad gate and Barngate to the Bridge at Churchgate in bredth 8 foot and depth 4. by the Landholders on the North side of Newgate bordering on the same Drayn 74. That a petty Drayn in Somerlesue be scoured beginning at the said Bridge at Church gate and by Church gate going to Littilbrigg in bredth ... foot and depth 4. by all the Landholders in Somerlesue and a Shut or Dam made at the said Littlebrigge as oft as need requireth 75. That all the Dikes lying against the North side of the Town drove and under Old dyke and Fen lane beginning at Skepgate brigg and so by the Droves to Shofendyke be scoured by all their Heddings every one against his front 8 foot wide and four foot deep 76. That a Crest be made in Towndrove beginning at Gaunt's brigge and so leading unto Cowstowe thence unto Fen lane and thence unto Ee dike in height 6 foot and in bredth 8 foot by all the Landholders in Rylondfield Carrow field and Northlane field And from Fenlanes end unto Shofendyke one Crest to be made in height and bredth as aforesaid by all the Landholders in Elletfield 77. That a Pipe be made in the same Bank a little from Gaunt's brigge out of the Lode for the drayning of the Fen and not to run but at such time as it shall not surround any other lands 78. That all the Wardikes in Tyd aforesaid shall be barred at all times in the year when need shall require by the advise of the Headborows and Dike-Reeves of the same Town that is to say aswell Town drove Fenlane South dike Tyd thredding Blackdyke and Beyslane as all the other agisted Banks and Dikes 79. That the Landholders in Tyd do make a Crest in Beyslane beginning at Tyd Sea dike and so leading unto Brown's brigge in height 4 foot and in bredth 8. 80. That the Landholders in South-field beginning at the lands late Iohn Houshold and abutting upon a certain land called Beyse place and leading unto Tyd Sea dike ought to make one Crest upon the Sea dike beginning at Beislane end and leading to Averie's trees or Black dike in height 6 foot bredth 8. 81. That all the Lands in Brodhest abutting upon Haftcroft lane do repair a petty Drayn beginning at the Common Sewer ....... and leading by the said lane unto Brassey lode in bredth 8 foot and depth 4. 82. That the Common Drove in Halcroft beginning at Hall pasture and so leading between the lands of Sir William Cordall Knight and so by the said Lane unto Welman's street and so into the old Sewer and so by the Sea gate green unto Skepp's board and so by the Sea bank unto the Common Sewer be clensed by all the lands lying upon the same 8 foot broad and 4
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
said Banks and Water-gangs whereupon he required judgement And he also said that after the said Ordinance the said Godfrey and his Tenants gave one Mark towards the repair of the said Banks and Water-gangs before he the said Hamon was Bayliff And that this he was ready to justifie To which the said Godfrey answered that he held himself to the before-specified Charter of King Henry And to the liberty which he and his Ancestors had used against which no Ordinance made by the said Henry de Bathe could or ought to do him harm And stood upon it that neither himself nor any by him had given ought either before the said Ordinance so made or afterwards and that this he was ready to justifie After which on the morrow after the feast of S. Martin in the xlii of H. 3 came the said Godfrey Hamon and others And the Shireeve had command that he should bring xii aswell Knights as others having no lands in the said Marsh on the morrow three weeks after Easter by whom the truth might be the better discovered to enquire whether the said Godfrey and his Ancestors after they had their land of Hurst of the gift and grant of the before-mentioned King Henry had wont to repair the said Banks and Water-gangs together with others that had lands in the said Marsh and to contribute with them for their repair when need should require Whereupon the said Godfrey by a certain Ordinance in which he acknowledged before the said Henry de Bathe whom the King had sent to that end that though he gave a Mark to the repair of the said Banks and Water-gangs before the said Hamon was Bayliff of the said Marsh as they the said Hamon and Iohn did affirm yet he apâ—pealed whether himself or his Ancestors were not quit of the said repairs and payments thereto by the Charter of King Henry Grand-father to the then King forasmuch as he did not consent to the said Ordinance nor ever gave any thing to the repair of those Banks and Water-gangs as he affirmed But the Shireeve not making his Precept as above-said was amerc'd and another VVrit directed to him to summon the said xij men to appear c. the morrow after the Feast of the Holy Trinity At which time the said Godfrey Hamon and others came and required that judgement should be done according to the Record and processe upon the before-specified Plea VVhereupon the Plea was recited before the King and his Council And because it was found according to that Record that the King had sent Henry de Bathe his Justice thereunto assigned unto the said Marsh of Romenale who determined that all they that had lands in the said Marsh ought to contribute according to the proportion of their Tenements for the repair of the said Banks and VVater-gangs thereof as the said Hamon and others did allege and to which contribution he the said Godfrey said he was not obliged And that as yet nothing did appear to the King's Court here of the said Ordinance or Determination without which of right there could be no proceeding to Judgement a farther day was given viz. until the xvme of S. Michael that in the mean time the Rolls of the said Henry de Bathe might be lookt into And that the Plea thus depending no distresse should be farther made upon the said Godfrey At which time viz. in the xvme of S. Michael in xliijo H. 3. the said Godfrey came and withdrew his processe against the said Hamon and others therefore being amerc'd he consented for himself and his Heirs that for the future they would repair the said Banks and Water-gangs together with their neighbours according to the quantity of their land as it was the Custome of the Country without any contest or contradiction for ever And that the said Hamon granted and became obliged for himself and the rest that he would make a due accompâ— before the xxiiij Jurats chosen by the Country touching the distresses and Catals of the said Godfrey taken from the time of the beginning of the sute until that present And deducing so much as should be sufficient to satisfie the said repairs according to the proportion belonging to the said Godfrey to repay the surplusage of the mony for the Catals of him the said Godfrey so sold. And the said Godfrey agreed that if the said Hamon by his accompt could make it manifest that the value of the Catals so distrained by him for the cause premised would not suffice for his portion in repair of the said Banks and Water-gangs according to the quantity of his Land he the said Godfrey would make satisfaction to him of the whole arrerage from the beginning of the sute till that present time according to the view and estimation of the before mentioned xxiiij Jurats of the Country The next thing memorable touching this Marsh is that King Edw. the first by his Letters Patents bearing date at Westminster the xxth of Novem. in the xvith year of his reign granteda commissioÌ„ to Iohn de Lovetot Hen. de Apuldrefeld to view the Banks and Ditches upon the Sea-coast and parts adjacent within the County of Kent in divers places then broken through the violence of the Sea and to enquire by whose default this damage had hapned And together with the Bayliffs of Liberties and others in those parts to distrain all those which held any Lands and Tenements there and had or might have defence and preservation in any sort by the said Banks and Ditches according to the quantity of their said Lands and Tenements either by the number of Acres or by Carucates for the proportion of what they held for the necessary repair of those Banks and Ditches as often and where there should be need so that no man of what condition state or dignity whatsoever who had safeguard in any sort by those Walls or Ditches whether it were within Liberties or without should have favour therein Commanding also the said Iohn any Henry to behave themselves so faithfully and discreetly in the execution of this businesse that aswel the men residing in those parts as their lands should be safe against the like dangers and perhaps worse no custome favourably introduced notwithstanding And that of their transaction in this imploymâ—nt they should distinctly and plainly certifie the said King under their Seales and the Seals of the Jurats aswel Knights as other honest and lawful men Commanding moreover his Shireeve of Kent to cause so many and such persons of his Bayliwick to appear before the said Iohn and Henry at certain days and places whereof he should give them notice by whom the truth in the premisses might be the better enquired into and known By virtue of which Mandate the said Shireeve was required to summon the xxiiij Jurats of the Marsh of Rumenale and all the Lords of the Banks of the same Marsh as also such and so many honest and lawful men of all the
maritime lands in his Bayliwick by whom the truth in the premisses might be the better enquired into and known and to do farther in the pâ—emisses as it should be decreed Who came accordingly And the said xxiiij Jurats of the Marsh before named together with the Commonality of the said Marsh said that King Henry Father of the then King did by his Charter grant to them certain Liberties in his own Lands within the said Marsh And they therefore required that those their Liberties might be preserved As also that nothing might be attempted or deâ—reed in prejudice of their said Liberties and produced the same Charter of the said K. Henry And they likewise said that K. Henry father to the then King in the xlii year of his reign by reason of a certain controversie arisen betwixt divers men of this Marsh occasioned for the repair of the Banks and Water-gangs therein sent Henry de Bathe his Justice into those parts to hear and determine the differences in that businesse betwixt the xxiiij Jurats and the same Marshmen and to provide for the defense and security thereof and against the peril of inundation by other waters in causing the Banks and Water-gangs to be repaired by those who were obliged thereto for the lands which they held therein according to the proportion thereof Whereupon they said that the said Henry de Bathe by authority of the same King Henry's Mandate ordained and decreed for them a certain Law and Ordinance by which this Marsh was to that time kept and preserved and therefore desired that they might for the future be guided and defended by that Ordinance and Law as they had wont to be till that present time And thereupon produced the said Ordinance of him the said Henry under the King's Seal And because the said Ordinance seemed consonant to equity and had been to that time approved command was given and it was decreed that the same should be in all things observed without diminution Adding neverthelesse that in regard there was no mention therein of the election of the King 's common Bayliff in the said Marsh how and by whom be ought to be chosen it was determined that for the future upon the decease of the said common Bayliff or his quitting the Office another to be chosen who should reside and have lands in this Marsh And that the said election should thenceforth be by the common assent of the Lords of the Towns Lying therein or by their Atturnies and as the Major part should determine to submit to that election because till that time the usage had been so And touching that double of the costs imposed for repairing the defaults to be levyed upon those through whose neglect they had hapned it was decreed that the same double should be levyed in such sort as by the former Ordinance had been appointed and imployed to the common profit of this Marsh and not to the bâ—hoof of the said Bayliff And forasmuch as there were divers Banks and Water-gangs in the said Marsh to the maintenance of which the commonality thereof did not contribute except only they whose lands lay contiguous to the said Banks and Water-gangs And thaâ— some through the oppression of the Lords of the said Marsh did sometime pay as much for the repair and maintenance of those Banks and Water-gangs for fourty Acres as others did for fifty which was much against the law of the Marsh and the Ordinance of the said Henry de Bâ—the It was therefore decreed and ordained that notwithstanding and Custome by whomsoever introduced all and singular persons who had lands therein which were subject to the danger of the Sea and had preservation by the same Banks and Water-gangs should thenceforth be distreined for the reparation and maintenance of them so that every man might contribute equally according to the number of Acres which they had therein and that no person be he of whatsoever state or condition that had preservation and defence thereby should be favoured And because before that time in this Marsh of Romenale beyond the course of the water of the Port running from Suergate towards Romenhale on the West part of the same Port till it come to the County of Suâ—sex there had not been any certain Law of the Marsh ordained nor used otherwise than at the will of those that had lands in the same insomuch as divers dangers and intolerable losses hapned by the Seas inundâ—tion To the end therefore that the like perils might for the future be prevented and the common benefit provided for it was agreed and jointly ordained that in the said Marsh beyond the before-specified Port towards Sussex there should be Iurats establisht chosen by the Commonality who being sworn to that purpose for the security of those parts having respect to the number of Acres lying subject to that danger and to the proportion of the Banks Watergangs to be repaired sustained there should upon their Oaths consider and ordain how much might be necessary for such repair sustentation so that according to the portion of their Acres and value of them there might be assigned in the said Banks and Water-gangs an equal portion of perches to be maintained as it is more fully contained in the Ordinance of the said Henry de Bathe And moreover forasmuch as till that time there had been no common Bayliff constituted in those parts beyond the before-specified Port towards Sussex who ought for the publick benefit take care and provide against the perils there hapning and to prevent the like for the future it was ordained that thenceforth there should one common Bayliff be made choice of in the said Marshes beyond that course of the water toward Sussex for overseeing keeping and repairing of the said Banks and Water-gangs in such places and bounds of the said whole Marsh as should seem most expedient to all the whole Commonality As also to summon together unto places necessaryâ— the Iurats of the said Marsh as often as need should require for the making of Ordinances and Laws for preservation of the lands in those parts causing distresses to that purpose to be made and levying a double proportion upon such as should make default according to the tenour of the Ordinance made by the saiâ— Henry de Bathe Provided that at the election of the said Bayliff when ever it might happen to be the Lords of the Towns in the said Marsh beyond the said course of the water towards Suâ—â—ex should be summoned and called if they would be present thereat as also the Iurats and whole Commonality of that Marsh. And it was likewise ordained that for the future the King 's said common Bayliff in the Marsh of Romenale should be the Supervisor of the before-mentioned Bayliffs and Iurats in this Marsh beyond the course of the water towards Sussex and that he should summon together to fit places all the Iurats chosen on both sides the
or at a large distance forasmuch as they are within the peril of the Sea and had or in some sort might have had safety and defence by the same Banks Ditches c. ought to contribute thereto according to the quantity of their tenure without any favour either to rich or poor of what condition state or dignity soever And to be compelled thereto not only by distresses and amerciaments but also by double the chardge and whatsoever other wayes or means is in the said Ordinances contained And for the fulfilling of all these things in the said Marshes of Monketone and Menstre it was then ordained and agreed that a common Bayliff should be elected by the Lords of the Fees and Commonalty of the Marsh within the said Marsh of Monketone and another Bayliff in the Marsh of Menstre to supervise do and execute all such things as to the Office of Bayliff of the Marsh pertained according to the judgement of the Jurats or Dike-Reeves Also that there should be chosen xij honest and lawful men by the Lords of the Fees or their Attornies and the Commonalty of the Marsh or six of the Marsh of Monketone and six of the Marsh of Menstre who had lands in the said Marshes lying in danger of the Sea which twelve to be assigned and sworn jointly to oversee the Banks Ditches c. in the said Marshes and to measure all the Lands Tenements and common of Pasture in those parts which either had or might have safety and defence in any sort by the said Banks Ditches c. to the end it might be known for how much they ought to contribute and who afterwards upon their Oaths might supervise those walls Ditches c. and place a certain Keire in every part of the said Banks of such height and thicknesse that the Marish grounds might be fitly preserved thereby And that they should hold their Last when and as often as it might be needful for any defect in repair And that a certain day be by them assigned within the compasse whereof those defects should be made good according to their discretion And if the said repairs were not compleated within the time prefixed that then the several Bailiffs within their particular Bayliwicks should lay out their own moneys and receive the double thereof And the xij men to give notice of the several defects to those Bayliffs after the repairs were not made good within the time so assigned And if any of the said Bayliffs Jurats or Dike-Reeves did die or not give content to the said Lords of the Fees and Commonalty others should be chosen in their stead by the Lords of the Fees or their Attornies if upon notice given they would come in and by the Commonalty of the said Marshes And they to be accounted Bayliffs or Jurats of every Marsh who should have the consent of the Lords of the Fees and greater part of the Commonalty of the said Marsh lest that by long delay much peril might happen Also that there be chosen out of the xij Jurats two men in either Marsh who were to be the Collectors of all such moneys as should be assessed for those common repairs viz. in Gutters Sewers Water-gangs and of the whole Bank which lyeth in common to be repaired and sustained And those two so chosen to make Collections and disbursements and of such their receipts and layings out afterwards to render a just accompt to the said Lords of the Fees or their Attornies and to the Commonalty of the said Marshes within the several Marshes And the Bayliffs of the Lords of the Fees to assist the said Collectors in the assessing and gathering the said moneys and likewise if need be to distrain for the same Also that the said Common Bayliffs should cause the said xij men to meet together as often and whensoever there might be need or that there was any danger to supervise all the Banks Ditches Water-gangs Sewers and Gutters and to take certain consideration before they departed of all the defects and likewise to assesse a certain portion of money upon every acre to each Tenant according to the quantity of what he held and also to repair and amend the said defects within a certain time whether that they belong'd to particular persons or the whole Commonalty and for the fulfilling of all those determinations that they be not only compelled by distresses but by amerciaments and double if need required And the said Bayliffs moreover should punish all such as being refractory to their summons did not appear And if any mans Land lying within the Banks of the said Marshes were digg'd for the repair of the said Banks Ditches Sewers or Water-gangs or for any new Bank or Ditch or for the making of an in-ditch or out-ditch that then the Commonalty of every Marsh should give satisfaction to the party damnified by the discretion and judgment of the said Jurats according to the usage of Marish Lands having alwayes respect to the quantity of the ground so digged or lost Saving always to the Lords of the Fees their right which they had and ought to have against their Tenanâ—s within their proper Fee aswell for having defence as for the taking double when through their Tenants default they did lay down their own moneys And lastly that if any thing of difficulty doubt or obscurity did fortune to arise in these Ordinances that it should be reserved to the Decree and Declaration of the before-specified Justices Nor was it the intent of the said Justices that any persons who ought to have safeguard by others or that held their lands under certain conditions should be by this Ordinance excluded from their defences and agreements in case that such their agreement were not derogarory to the Law And for the performance of these Ordinances William Shirreeve and Iohn Coopere of Hoo were appointed Collectors of the moneys to be levyed in Menstre and William de Everle and Thomas Hamon in Monketone The next year following which was the xvijth of the said King's reign I find that Iohn de Lovetot and Henry de Apuldrefelde being also constitued Commissioners for the viewing of the Banks Ditches c. in the parts of East Kent which were broken and in much decay through the violence of the Sea and to provide remedy for the same met at Erchesto on the morrow after the Feast of St. Iames the Apostle where all those that held Lands lying within the Hundreds of Eastri and Cornilo which lay in danger of the Sea by virtue of the said King's Precept attended them as also such and so many lawful men by whom the truth in the premisses might be the better known And it being then and there testified by the Commonalty of the Country that it was expedient for the said whole Commonalty to have one Bayliff and xij Jurats within those Marshes in such sort as they of Romeney Marsh and the Marshes towards Sussex then had the same
Commonalty And in like manner at either of the said principal and general Lasts there should be yearly made an Accompt of the Bayliffs aforesaid before the said Lords of the Fees or their Attornies if they would be present thereat and before those of the Iurats and Commonalty as would also be there present viz. of those things whereof it should happen or concern the said Bayliffs to make Accompt that is to say to be made by Indentures betwixt them the said Bayliffs and the said Iurats Commonality The Oath of the xxiiij Jurats It was likewise decreed and ordained that every one of the said xxiiij Iurats to be elected in form aforesaid should swear that he together with his Fellows would make right Iudgements Decrees and Awards not favouring any rich or poor aswell for making distresses and assessing of Taxes as of the Banks Land waters Water-courses Sewers Ditches Gutters and Bridges to be made repaired and maintained or taken away and of all other impediments whatsoever within those limits which should happen to be removed and for punishing offenders And it was farther ordained that the said xxiiij Iurats should make exercise and perform and have full power and authority in making exercising and performing all and singular the things specified in the said Oath to be by them done exercised and performed That the xxiiij Jurats be observant to the Bayliff Also it was decreed and ordained that the said Iurats or three or two of them should attend the Bayliffs for the valuing and selling in places accustomed or that should be thereafter assigned for that purpose the distresses taken and impounded for three dayes at the most and that they should cause to be enrouled all Iudgements Decrees and Awards by them made and cause Indentures thereupon to be made betwixt themselves and the said Bayliffs for the time being The Oath of the Collectors and Expenditors It was also decreed and ordained that the Collectors and Expenditors to be chosen as aforesaid should swear that they would faithfully levy collect expend and Account in form aforesaid for all Taxes assessed or to be assessed before the said Lords of the Fees and by the said Bayliffs and ten or eight at the least of the Iurats aforesaid according to their Ordinance And the like observance to be made in all Sewers within the before-specified limits except before excepted before the Lords of the Fees touching every such Sewer if they would be present thereat And it was ordained and decreed that the said Collectors and Expenditors should make exercise and perform and have full authority and power of making exercising and performing all and singular the things specified in this Oath to be done exercised and performed The Oath of the Bayliffs and executions to be made by them It was also decreed and ordained that the said Bayliffs chosen or to be chosen as aforesaid should swear to make faithfull execution of the Iudgements and Determinations of the said xxiiij Iurats ten or eight of them and of those things which did or should belong to them to judge determine and award And that the said Bayliffs in their proper persons should chardge all the Collectors aswell of the general Assessment as of the several as aforesaid upon their Oaths that they should faithfully levy collect expend and accompt for the same And that the same Bayliffs in their proper persons should take view of all the Banks Water-gangs Sewers Gutters and Bridges within the before-specified limits except before excepted as often as need required at least twice in the year viz. once in the moneth of January and again in the moneth of May. And that they at the going out of their Office should deliver unto their successors all the evidences in their custody that is to say the Charters of the Kings of England if they had any such in their hands the Ordinances and Statutes of the Lands and Marshes within those limits before-specified except before excepted the Copies or Exscripts of the said Statutes and Ordinances the Roules of Iudgements Considerations Decrees and Awards of the said xxiiij Iurats ten or eight of them and the Rents with all the processe of Accompts of the Bayliffs Collectors and Expenditors whatsoever had in their time And it was also decreed and ordained that the same Bayliffs should do exercise and perform and have full power and authority of doing exercising and performing all and singular the things specified in this Oath which were for them to be done exercised or performed That Damms or Fords be not made It was likewise decreed and ordained that it should not be lawful to any one for the future in the said Lands and Marshes within the limits aforesaid except before excepted to make Dams or other impediments in any Lands or Land-eas Water-gangs Ditches or common Gutters there whereby the common course of the waters might in any sort be hindered or any publick damage grow there and if any such thing were done and the same witnessed by the said Bayliffs and six of the said xxiiij Iurats the party delinquent be amerc'd and the amerciament levyed by the said Bayliffs to the common profit aforesaid And moreover if any other than the Commonalty of those Lands and Marshes within the said limits except before excepted did receive prejudice therein he should make satisfaction to the party wronged at the discretion of the said Bayliff and six Iurats aforesaid That the Taxes Assessed be proclamed It was also decreed and ordained that every Tax assessed in the said lands and Mar within those limits except before excepted be publickly proclamed in certain places there and that the dayes and place of payment be thereupon assigned and proclamed to the end that ignorance may excuse none when and where within the precincts aforesaid those Taxes ought so to be paid The buying of Acres It was also decreed and ordained that every Acre in the said Lands and Marshes within the limits aforesaid except before excepted being necessary for the Banks in-Ditches and Water-gangs to be therein made should be bought for xls. and measured by a rod of twenty foot And that if before that present Friday any Bank called a See Wall should be raised within those Lands and Marshes except before excepted upon or of any mans land there or that any Forland or in-ditch should be made for the defence and safeguard of the said Lands and Marshes except before excepted from the peril of the Sea and that it were fit or expedient that the said Bank Forland or in-ditch for this defence and safeguard to be longer maintained and kept so that the Land-holdeâ— upon whose ground that Bank was raised or where the said Forland or in-ditch were made could not occupy the said Land and receive his peculiar profit thereof and that such Tenant had never any satisfaction for the said Land it was decreed and ordained by the consent abovesaid that the same Bank Forland and in-ditch should be raised and kept
as the part so being in arear called Wanys might amount unto for the common profit aforesaid And the said Bayliffs aswell for the said parcell so in arear called Wanys as for the double thereof to distrain in all the Lands and Tenements of him or them who ought to pay the same by all their goods and Catalls and the distresses so taken to keep for three days or more And if the said part so being in arear called UUanys together with the double thereof should not be paid within the said three days that then the goods and Catalls so distrained by two or one of the Iurats aforesaid to be sold in some place within the said limits except before excepted thereunto assigned and the said part so in arear called UUanys together with the double thereof out of the money arising of the said goods and Catalls so sold to be delivered to the same Bayliffs to their own use And having now done with these Laws and Ordinances for those Marshes before-specified I shall say no more concerning this part of Kent but that in 19 E. 4. the King by his Letters Patents dated at Oburne 17º Iunii directed to Thomas Archbishop of Canterbury Cardinal of England Will. Prior of Christ-Church in Canterbury Richard Prior of Hortone Robert Prior of Bilsyngtone William Master of God's house in Dovor Sir Iohn Fogge Sir William Haute Sir Iohn Scotte Knights Will. Cheyne Iohn Broomston Hen. Hoorne Gervase Hoorne Iohn Fyneux Vincent Fynche Rog. Brent Wil. Brent Iohn Nethersole constituted them Commissioners for the view and repair of the Banks c. from Appuldoure to Cawmbury and from Cawmbury to Fulstone then ruinous by the violence of the Sea and to make Laws and Ordinances for the same according to the Laws and Customes of Romeney marsh And lastly to take so many Diggers and other Labourers to be imployed therein upon competent salaryes as should be thought requisite in respect of the urgent and instant necessity of the work CAP. XIII I Now come to the remanent Marshes in this County which are those that border on the River Thameo Concerning which the first mention that I find is in 8 E. 2. Iohn Abel and Iohn de Hortone being then by the Kings Letters Patents dated the 10th of April at Wyndsore constituted Commissioners for to view and take order for the repair of the Banks Ditches c. for the safeguard of those from the overflowing of the Tide which lye betwixt Dertford Flete and Grenewich And not long after this for it was in February ensuing Iohn de Ifeld Iohn de Hortone and Will. de Northo had the like Commission for the very same Marshes In 13 E. 2. Iohn de Evredon and Iohn Abell were also appointed to view the broken Banks betwixt Grenewich and London-Bridge and to apply speedy remedy for their repair In 15 E. 2. Robert de Bardelby Will. de Leicestre Iohn de Merton and Robert de Kellesteye had the like assignation for the view of a certain breach then newly made in the Bank betwixt Grenewiche and Wolwiche by the violence of the Tides and to provide for the suddain repair thereof And the next year following Robert de Ashele and Robert de Swaleclyve were made Commissioners for the view and repair of those about Grenewiche and the parts adjacent In 17 E. 2. there hapning anoâ—her breach betwixt Grenewiche and Wolwiche Robert de Bardelly Will. de Leycestre Robert de Kellesey and Iohn de Merton were appointed to view the same and to distrain all those persons through whose default it had hapned to the making good thereof Farther enjoyning them that if they should find the persons through whose neglect it came not able to repair it so speedily as that the damage and peril which would be occasioned thereby might be prevented that then they should distrain all those which had Lands and Tenements in those parts who might have safeguard by the making up of that breach to the end that they should contribute thereto Within two yâ—ars after the King being informed of another breach in the Bank above Grenewiche towards Bermondseye which through the violence of the frequent tides and neglect of some persons who were obliged in respect of their lands in the adjacent Marshes to have made good upon all occasions had then newly hapned to the great damage of all those that had lands there did assign Adam de Brom William de Leycestre Laurence de Rustyngton and Robert de Kelleseye or any three or two of them to veiw the said breach and all other defects in those Banks which by reason of the flouds had hapned and to enquire by the Oathes of honest and lawfull men of this County upon whose land the said breach first began and through whose default and who ought to repair and maintain the said Banks as also how and in what sort and likewise what other persons had Lands Tenements or Common of Pasture in those Marshes and had or might have defence and safeguard by the said Banks in any sort And moreover with the Bayliffs of the Liberties to distrain all those through whose default that breach had so hapned and who were obliged to the repair and maintenance of that Bank according to such a proportion as might be sufficient to make good the said breach with all possible speed And if it should so fall out that those persons so lyable to the repair thereof were not able to perfect the work with that haste as the case required that then for the avoyding of greater damage and mischief to compell all such persons who had or might have loss thereby to contribute thereto for that present time every one according to the proportion of what he held as well in Common of Pasture as Land not favouring rich or poor therein And to levy the money upon those who were obliged to the said repair so as restitution might be made to those who had contributed thereto being not obliged with all speed that could be After this divers years viz. in 10 E. 3. I find that Henry de Secheford Reginald del Dyk and Iohn de Heyton were appointed Commissioners to take view of a certain Sewer called Erlesthron neer Grenewich and to repair the Sluces thereof where need should be And in 27 E. 3. Otto de Grandisone Thomas de Lodelowe Simon de Kegworth and Will. de Roderham were assigned to take view and make enquiry touching certain breaches in the Banks and Marshes of Dertford Erde and Stone and of the stopping of the Gutters and Sewers there forasmuch as by that obstruction the Corn sowed in those Marshes as also the Meadows and Pasture grounds thereof became often drowned by the Tides And to use some speedy remedy for the same In that year likewise Will. Vaghan Richard de Birton Thomas de Ludlowe Iohn de Dielleston and Simon de Lee were appointed to oversee
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
course of time when they issued out viz. To Robert de Setvans William de Hastings and William Maufe in 27 E. 1. To Henry de Appletrefeld Robert de Setvans and others in 28 E. 1. In 30 E. 1. to Luâ—as atte Gate Robert de Setvans Will. Maufe and William Colebrand In 31 E. 1. to Robert Paulyn Robert de Septem Vannis Will. de Hastings and Lucas atte Gate In 32 E. 1. to VVill. de Echingham Robert de Passeleye and Henry VVardeden As also to Iohn de Buran VVilliam Maufe and Lucas atte Gate In 34 E. 1. to Iohn Malemeyns Lucas atte Gate and Robert Paulyn for those Banks Ditches c. in the Marshes of Pychardesbroke and Kechenhammebroke and elswhere in the said Counties In 35 E. 1. to VVill. Pyrot Iohn Malemeyns Iohn de Gosehale and Henry de Bugthorpe In 1 E. 2. to Iohn Malemeyns Lucas atte Gate and Robert Paulyn for the Banks c. in the Marshes of Mayhamme and Losenhamme In 7 E. 2. to Iohn Malemeyns of Stoke Robert de Echynghamme and Mathew de Knelle for those on both sides the River of Newendene betwixt Mathew and Bodihamme bridge In 10 E. 2. to Robert de Bardelby and Edmund de Passele for those in the Marshes betwixt the Redehulle and the Town of Roberts-Brigge on each side the River Lymene In 14 E. 2. to Iohn de Ifeld Iohn Malemaynes of Hoo and Richard de Echiâ—ham for those in the Marshes betwixt the Town of Apuldre and Roberts-Brigge on each side of the said River of Lymene In 17 E. 2. to Stephan de Cobham Iohn Filoll VVill. de Robertsbrigge for the same So also to VVill. de Echyngham Robert Bataill and VVilliam de Robertsbrigge About the beginning of E. 3. time it being found by an Inquisition taken before VVill. Truslell then the King's Eâ—caâ—tor on this side Trent that the Chanel of a certain River running betwixt the Lands of Geffrey de Knelle and Isabell Aucher between a certain place called Knellesflete in the confines of these Counties and the Town of Robertsbrigge in Sussex was so much enlarged by the flowing of the Sea-tides into it that six hundred and fifty acres of land part belonging to the said Geffrey and part to others were thereby totally drowned and consumed And that a certain Causey which is the common high way lying betwixt the Land of Iohn de la Gate in the said County of Sussex and the bridge of Newendon as also the said bridge were broken and demolished by those tides and moreover that divers lands in the said parts would in a short time be drowned and destroyed except a speedy remedy were had And likewise that it would not be to the damage or prejudice of the said King or any other if he did grant license to the said Geffrey and Isabell and to other persons having lands contiguous to those places to exclude the said tides and to raise a Bank at Knellesflete aforesaid betwixt the lands of the said Geff. Isabell in that place to resist the said tides for preservation of the lands way bridge aforesaid to the end that the antient course of that River might be preserved by sufficient Gutters placed in that Bank And that unlesse it were by such an exclusion of the Tides by making of such a Bank that the said Lands way and bridge could not be in safeguard The King therefore being careful in all respects to provide for the defence of this his Realm as was fit granted license to the said Geffrey and Isabell as also to all those who were like to have advantage by that exclusion that they should raise a certain Bank at Knellesflete before-mentioned for that purpose and to make sufficient Gutters therein for the issuing out of the said fresh water and to repair the same Banks and Sluces being so made when and as often as neâ—d should require In 10 E. 3. VVill. de Robertsbrigge VVill. de Recolvere Ioceline de Gatele and Robert Bataille were constituted Commissioners to oversee the making of certain Sluces Banks and Guttâ—rs for the safeguard of the lands of divers Tenants in the Towns of Wightresham Idene and Pesemershe and to assesse all such as had lands in those parts which were to take benefit thereby for the performance of that work according to the proportion of what they held About the same time upon another Inquisition taken it being certified that by the ebbing and flowing of the tides into a certain stream of fresh water running betwixt the Lands of the before-specified Geffrey de Knelle and Isabell Aucher between Knelleflete above-mentioned and the said Town of Robertsbrigge six hundred and fifty Acres of Land belonging to the said Geffrey and others were drowned the King thereupon granted the like license to the said Geffrey and Isabell to raise a certain Bank at Knellesflete to restrain those Tides as also to make Sluces and sufficient Gutters for evacuation of the said fresh water so that the antient course thereof might be preserved And afterwards did appoint Roger de Bavent Roger de Hegham Thomas de Lincolne and Will. de Northo to oversee the making of that Sluce and raising of the said Bank and â—o ordain assessments and to distrain all such as by the said Inquisition should be thought needful to contribute to the chardge of that work according to the proportion of their holding which Banks Gutters and Sluce being accordingly made and the said King informed that they were grown to decay did by his Letters Patents bearing date at the Tower of London on the 8th day of Ianuary in the said tenth year of his reign constitute Will. de Orlauston Thomas de Gillingham Stephan de Padiham and Iohn de Betenham to take view of them and to provide for their repair But in 22 E. 3. there being a Petition presented to the King on the behalf of Iames de Echingham and on the morrow after the Feast of S. Hillarie exhibited before the said King and his Councel in his Parliament then held at Westminster importing that those Lands might have been preserved by the repair of the old Banks on the verge of that River and that the Bank made by virtue of the said King's Letters Patents before mentioned which thwarted the said stream was raised aswell to the damage of the said King as of him the said Iames forasmuch as thereby such ships and Boats which had used to passe with victual and other things from divers places in these Counties of Kent and Sussex unto his Mannour of Echingham through this Chanel were then hindred as also to the destruction of his Market Town of Salehurst situate upon the said River and of his Market there which by the course of that water had been supported and out of which the said Iames and his Ancestors had used to receive Toll and many
the Shireevâ— of this County wherein he reciteth that whereas Sir Robert Bealknap Knight and Iohn Lucy lately constituted his Justices of Sewers for the Banks c. on the coast of Severne and the parts adjoyning did ordain and appoint that the breach made by the men of Aylberton in a certain Causey dividing the Fields of Luttelton and Aylberton should be repaired and made good in as perfect a manner as it was before And that for the drayning of the waters out of the Towns and Fields aforesaid a certain Ditch which extended it self from the South side of the said Causey from the town of Aylberton unto Severne should be competently amended in such places where need required at the chardge of those who had estates in the Lands and Tenements adjoyning that is to say of those who had used to make and repair them and that this should be done as often as need required And moreover that six sufficient men having lands in those parts and also one Bayliff should be chosen and sworn to view as often as they should think fit all the said Ditch from the one end thereof to the other and to cause it to be amended and repaired from time to time according to the tenor of the said Ordinance and Decree And that a certain Sluse antiently set in the said Ditch at the common chardges of all those who had benefit by the drayning of those waters which did descend thereby should be competently maintained by the view of the said six men and the Bayliff before-specified And that certain men of those parts specified in the said Processe ought severally to scour and clense some perches of the said Ditch and that they should be distrained thereâ—o by the said six men and the Bayliff as often as occasion required as by the Record and processe thereof had on that behalf and by the said King's Letters Patents exemplified under his great Seal more plainly might appear And forasmuch as at that time upon the relation of divers of the said King's faithful Subjects he was informed that through the neglect in observing the said Ordinance and Decree much losse had hapned to divers of his Loyal Subjects and others residing in those parts and many worse in processe of time were like to fall out except a more speedy remedy were used therein the said King for prevention thereof commanded the said Shireeve to view the exemplification of that Record and processe and calling before him those six men and the Bayliff and fully declaring the premisses unto them to warn and distrain them for the performance of all things which did belong to them therein In 11 H 4. Sir Gilbert Denys Knight Robert Poynns Iohn Grevill Iohn Giffard Iohn Russell Will. Godefelawe Gilbert Gylberd and Will. Merbury were assigned to view and take order for the repair of all those Banks c. betwixt Gloucester and Bristoll which were then broken by the violence of the tides and to do all things therein according to the Law and Custome of this Realm and the Customes used in those places As also to take so many Labourers upon competent wages in respect of the great necessity as should be needful for that work And in 1 H. 5. Robert Poyntz Alexander Clevedone Thomas Mille Iohn Derhurst Robert Stanshawe and Nich. Alderlegh were appointed to view and repair all those Banks c. in Salt marshe betwixt Olston and Hembury and to act therein according to the Law and Custome of the Marsh. CAP. XXII FROM Gloucestershire I must make a large step the more Western parts of this Realm affording no considerable Marshes nor the North VVest neerer than Yorkeshire but that Country is well stored with such Fenny grounds especially neer the Rivers of Ouse Darwent Aire Done Crent and Humber some part whereof do lye in the East Riding but the greatest proportion in the West Riding of that County for in that flat about Hoveden and bordering upon it it hath been observed that there are no lesse than fifty eight Villages and that it hath heretofore been vulgarly called Waulyng fenne though now as I think Dikes marsh and Hatfield Levell are the most noted names whereby it is commonly known Pursuing therefore my accustomed method in discoursing of the improvements here likewise made by banking and drayning I shall observe that the first Commission for that purpose wherewith I have met is in 23 E. 1. and directed to H. de Cressingham and I. de Lithgreines who upon complaint made to the King by Walter de Langeton then Master of the Hospital of S. Leonards at York that divers persons having lands lying neer the River Ouse betwixt the towns of Houke and Rednes who in respect of those their said lands ought to repair and maintain certain Banks and Sewers upon the borders of that stream for the securing of them from inundation as they and their Ancestors in times past had done did neglect so to do whereby great losse accrued to many other Land-holders in those parts the said King assigned them the said Hugh and Iohn to enquire the truth thereof and to take such course for the redresse of the same as should be consonant to the Laws and Customeâ— of this Realm The like Commission had the said Hugh and Iohn touching the view and repair of the Banks Ditches c. upon the same River of Ouse from Cawode to Faxflete on both sides the water So also in 27 E. 1. had Thomas de Burnham and Gerard Salveyne for the same Banks c. betwixt Cawode and Faxflete In 28 E. 1. upon information made by the Land-holders of Brunkestet and Faxflet that one Peter Betard and the townsmen of Beleby had diverted the stream of Beleby Wathe out of it's antient Chanel into the Watercourse of Fulnathe and likewise that the Inhabitants of Estringtone and Portingtone had turned the course of those such waters as passed neer those towns by several trenches so variously that upon any great rain they drowned the greatâ—st â—art of the lands adjacent so that neither passengers could travel in the common Road betwixt Beleby and Pokelington nor the said men of Brunkeflet and Faxflet till and sow their low grounds or dig turf in the Moor of Walingfen or depasture their Cattel in the parts thereabouts the King therefore assigned the before-mentioned Iohn de Lythegreyns and Robert de Boulton to view those places and to redresse the said nusances Several other Commissions for the view and repair of the Banks Ditches and Sewers in those parts were afterwards issued viz. in 32 E. 1. to Thomas de Burnham William de Hake and Thomas de Fisheburne concerning those upon Ouse betwixt Cawode and Brungflete In 2 E. 2. to Alexander de Cave and Geffrey de Hothum for those upon the verge of Humber and Ouse betwixt Ellerker and Barneby neer Hoveden In 4 E. 2. to Will. de Huke Gerard Salveyn and Iohn
by the space of one Rode of land in the same Town and thence to a Close called Thom Parrok in the same Town of Est Cottyngwithe which Watercourse was so obstructed that the adjacent lands for default of clensing thereof were dâ—owned And that Robert Abbot of Fountaines ought and had used to repair the said VVatercourse from that place called Bothe hill to the Halle banke And that Thomas Abbot of S. Maries in Yorke ought and did use to repair the same from thence unto Middilhylbrigge And that Will. Woderowe of Queldryk ought to repair the same from thence for the space of one Rode And that the Prioresse of Thikhed ought to repair it from that Rode unto the Close called Thom Parrok And that the Chanel of the said watercourse being clensed ought to be xiiij foot in bredth and six foot in depth The Shireeve therefore had command to summon the parties abovesaid to answer c. who appearing accordingly could not gainsay but that they ought to repair the same VVherefore they were amerc'd and the Shireeve required to distrain them And they also presented that there was a certain watercourse called Newlandyke in Telburne descending from Landryk mose on the East part unto the Chanels called Dubbeldykes in Melburne which said Chanels do run to a place called Skategraves in Seton and thence by the current of two Sewers called the Fossedykes running betwixt Seton on the East part and Lathum and Folkerthorpe on the VVest unto the River of Foulnay and that the said Chanels were obstructed for want of scouring as also that the lands there sowed with corn together with the Meadows and Pastures adjacent were overflowed for want of repairing the same And that the Town of Melburne ought to scour and clense the same from Landrykmose to Skategreves and from thence the great Ditch unto a place called Doderesse on the North side And the Town of Seton Alice Hay Lady of Lathum the Prior of Ellerton the Town of Lathum Iohn de Pothowe and the Town of Folkerthorpe to repair all those other Chanels before-mentioned that is to say each of them for their lands and against their lands unto the said water of Foulnay And that the said Sewers ought to be xij foot in bredth and six foot in depth from Folkethorpe bridge unto the said water of Foâ—lnaye VVhereupon the Shireeve had command to summon them to answer c. who appeared c. and were amerc'd c. as abovesaid And they likewise presented that the VVatercourse called Blaktoft damme otherwise Haunsardamme which reacheth from Foulnay to the River of Ouse was then also obstructed and ought to be repaired by Richard Haunsard and the Town of Blaktoft for their Lands in Blaktoft and that the same ought to be xvi foot in bredth and viij foot in depth VVhereupon the Shireeve had command c. as abovesaid And they farther presented that the said Richard Haunsard ought to repair the same Chanel from Hunsardamme to Foulnay unto the South end of Gylâ—erdyke and therefore that he was amerc'd And that the Village of Blaktoft ought to repair the same from Haunsardamme as abovesaid therefore the Shireeve had command to distrain c. And the said Jurors also presented that the water-course of Langedyke from Whalsey to Skelflete ought to be xij foot in bredth and six foot in depth and that the same as also the watercourse of Ragolfdyke ought to be repaired by the towns of Spaldyngton Gripthorpe Wylughtoft Fowerthorpe Heâ—lâ—thorpe Melburne Bubwithe Lathum Seton Everyngham Herswell Holme Birsay Beleby Estryngton Portyngton Kaynyll Birland Ousâ—thorpe Hythe Sandholme Blaktoft Yneflete Cotnesse Saltmersk Skelton Sandhall Hothom Southclyff Northclyff and Scalby and that the said watercourses were obstructed wherefore the Shireeve was commanded to summon the Inhabitants of the said Towns who appearing could not gainsay the chardge therefore they were amerc'd and the Shireeve commanded to distrain them for the compleat performance of all those repairs And they likewise presented that the watercourse called Thornton damme which extended it self from Langdyke to the River of Ouse was obstructed so that the adjacent grounds were thereby drowned and that the same ought to be repaired by the Abbot of Thorntone for Thorntone house and also that Thorntone damme and ...... damme ought to be xvi foot in bredth and viij foot in depth The Shireeve therefore had command to summon the said Abbot c. And they also presented that the said Abbot was obliged to repair clense and maintain the watercourse from Langedyke unto the Town of Skalby and thence to the River of Ouse as it was before alleged wherefore he was amerc'd and command given to the Shireeve to distrain him by all his Lands And they moreover presented that the water-course called Temple damme which lately belonged to the Master of the Temple in England was obstructed so that the lands adjacent were thereby drowned which water-course ought to be repaired by Sir Stephan le Scrope of Masham Knight Lord of the Mannour of Faxflete from Mikilsyke with the Ditches in Helwysgote and Crakeputte to the water of Humbre wherefore the Shireeve had command to summon the said sir Stephan who appearing by Thomas de Waldeby his Attorney said that he could not deny but that he ought to repair the said watercourse called Temple damme from Carbrygge unto thâ— River of Humbre but said that he ought not to repair the same from Mikilsyke with it's Ditches in Hewysgote and Crakepitte to the said bridge called the Carbrygge any otherwise than a Commoner in Wallyng fen and desired that it might be enquired of by the Country c. VVhereunto the Jurors said that the said Stephan was not bound to repair the same watercourse from Mikilsyke with the Ditches in Helwysgote and Crakepiâ—te unto Carbrigge otherwise than a Commoner in the Marsh of Wallyngfen in such sort as he the said Stephan had in his pleading alleged and therefore he was dischardged thereof but because the said watercourse from Carbrygge unto the Rivâ—r of Humbre was not repaired at the time when the before-specified presentment was taken he was amerc'd and the Shireeve had command to distrain him And the said Jurors presented that a certain watercourse called Parkdyke descending from Haunsardamme Eastwards to Thornton damme and thence betwixt Scalby and Scalby grene unto Temple damme ought to be repaired by the Town of Blaktoft from Haunsardamme to Thornton damme and thence to the Temple damme by the Abbot of Thorntone and the Town of Scalby And that the said watercourse was obstructed towards Skalby by Henry de Kelme and others who threw earth into it by the command of Sir Stephan le Scrope of Masham Knight VVherefore the Shireeve was required to summon the said Sir Stephan and Henry to answer c. VVho accordingly appeared and said that there then was and had been time out of mind a certain Road-way from the Town and Mannour of Faxflete unto the same place where by
associates then Justices of Sewers in this County touching their proceedings in a Commission directed to them for the view of the Banks and Ditches betwixt Boston and Barton aforesaid and enquity through whose default the breaches and decays therein were not repaired they certified that the Jurors impanelled and sworn before them by virtue of that Commission did upon their Oaths present that it would be much to the benefit of the North Common of Burghe near Waynflete and of the Tenants of the lands Meadows and Pastures in Wynthorpe and Ingoldmels on the VVest part of a certain Wardyke called Dâ—fdyke that there sâ—ould be a new Sewer made in Wynthoâ—pe contâ—ining in bredth xij foot by the Kinâ—s Elâ— for the drayning of the lanâ— meadow and Pasturâ—s there viz. from a place called Nedderhowe in Wynthorpe uâ—â—o a comâ—on High way called Châ—lgâ—tâ— beginning first from Nedderâ—owe at the lands sometime belonging to Robert Herrier of Wynthorpe on the East and West part and the lands of Robert the son of William Buttercake of Wâ—nthorpe on the East part and thence betwixt the lands of the said Rob. on both parts to the common high way called Chelgate And that one Floudgate should be new made and fixed athwart the same high way by which the said Sewer might run whereupon a Bridge to be erected by which travailers and Carriages might securely passe too and fro and from that Floudgate the said water to passe into an old Sewer made in Skegnes to Whete croft gote within that town and thence to the main Sea And they said that the quantity of the Lands Meadows and Pastures aforesaid which had preservation and benefit by the said Sewer were MCLxix Acres and 1 Rode whereof every Acre was assessed at xij â— for making of the said Floud-gate and bridge the name of every Land-holdâ—r and the particular number of Acres then held by him being there exprest In 41 E. 3. Sir Godefrey Foljaumbe Sir Will. Croiser and Sir Iohn Dâ—mock Knightâ— Simon Simeon and others were appointed to view and repair the Banks and Sewers upon the Verge of the River of Wythom from Marton dyke to Boston The like appointment in 42 E. 3. had Thomas de Ingelby Godefrey Foljaumbe Simon Simeon with others for those betwixt the Towns of Skidbroke and Humberstone So also had the said Thomas de Ingelby Iohn Moubray Godefrey Foljaumbe Will. Croiser and others for those betwixt Boston and Stikeswald Several other Commissions do I find afterwards to the like purpose viz. in 42 E. 3. to the said Godefrey Foljambe Iohn de Stafâ—ord and Iohn de Nessefeld Clâ—rks Iohn de Haghe and Iohn Amery for those from Saâ—tdet haven to Waynflet In which year it was presented that the Sewer pasâ—ng on the West part of of the High Road which drayned â—heves Creke South lade Northlade Lusdyke and Bullingbrooke Fenn ought to be repaired by the Tenant of the Duke of Lancasters fishing in Waynflete In 44 E. 3. to Richard de Raveâ—sere Archdeacon of Lincolne Sir Iohn de Welle Knight Thomas de Ingelby and others for those betwixt Ingoldmels and Grymesby In 47 E. 3. to Henry Asty Iohn de Boys Will. Wascelyn and others for those betwixt Buterwyk and Doneheved In 48 E. 3. to the same Henry and Iohn with Thomas de Brunham and others for those betwixt Gaynesourgh and Doneheved In 49 E. 3. to Robert de Wylughby Rob. de Crumwell Will de Skipwith and othâ—rs for those betwixt Skegnes and Grymesby In 3 R. 2. to Sir Robert de Wylugâ—by Sir Raphe de Cromwell and Sir Will. de Skipwith Knights Iohn de Hagh and others for those betwixt Skegnes and Goushull In 4 R. 2. to Iohn K. of Castile and Leon Robert de Wylughby Iohn de Welle Raphe de Crumwelle Will. de Skipwith and otherâ— for those betwixt the Towns of Wrangell and Barton upon Humbre The like in 6 R. 2. to the same Iohn K. of Castile c. Henry de Percy Earl of Northumberland Robert de Wilughby and others So also to l Henry Asty Will. de VVilughby Iohn Bussy Iohn de Hawe Robert de Haldanby and others for those betwixt Gaynesâ—urgh and Doneheved upon the Verge of Trent In the same year to Sir VVill. de Skipwith Sir Will. de Wilughby and Sir Raphe Paynell Knights and others for those betwixt the Towns of Coryngham and Frethyngham And betwixt Gaynesburgh and Coryngham In 12 R. 2. to Iohn Markham Gerard de Sothill Hugh de Mitford and others for those betwixt Gaynesburgh and Burton Stather on the East side of Trent and betwixt a certain place called Prest croft dyke and Donehed on the West part thereof In 13 R. 2. to Sir Iohn de Welle Sir Thomas Hungerford and Sir VVill. Skipwith Knights Iohn de Rochford and Iohn Hawe for those betwixt Tedeney and Skegenay In 15 R. 2. to Sir Philip Spenser Sir Henry Retteford and Sir Iohn Powether Knights VVill. Crosby Iohn Hawe VVill. Holme and Iohn Redenesse for those upon the coast of Humbre in the Marshes of Stallyngburgh betwixt the Towns of Imyngham and great Cotes By an Inquisition taken at Bullingbroke before Iohn Rocheford Iohn de la Lande and Iohn VVallis in the 17th year of King Rich. 2. and in the presence of Iohn Bushey high Steward of the Dutchy of Lancaster it was found that the Sewer called Goodike extending it self through the East fenne unto the Eas end had wont and ought to be xvi foot in bredth betwixt the banks and in depth eight foot but was then stopped by a VVear which VValter de Athall and VValter Randson had made there for that it was not then four foot deep and that it ought to be scoured and clensed by the said Walter and VValter Fermours of the fishing there or whomsoever else should be the Fermours thereof by the assignation and dimise of the Lords of Busâ—ingbroke and Dalby or their Bayliffs And it was also presented that the Sewer called the South lade extending from the Eastfenne aforesaid unto the Eas end ought and had used to be in bredth xvi foot and in depth eight foot and likewise to be repaired by those Fermours as aforesaid but was then also stopt by those Fermours of the Fishing And that the Banks of a third Sewer called Lyme beginning at Stepinge mill and extending it self to the Clow betwixt Steping and Thorpe ought to be repaired and raised higher by the Township of Thorpe And thence to the Ease ende called Lusdyke the bank on the East side to be repaired by the Towns of All hallows and S. Maries so that the water running into the said Sewers might no way enter the Fenn And that the said Sewer from the Clowes of Thorpe to the Eas end ought to be xvi foot in bredth and eight foot in depth being then obstructed by a VVear which those Fermours
thereupon In the same year also Will. Lord Wilughby Raphe Crumwell Philip Spenser Robert Tirwhit and Robert Cumberworth were appointed to view and repair the Banks and Sewers betwixt Grymesby and Waynflete and to do all things therein according to the Law and Custome of this Realm and the Custome of Romney marsh The like appointment the next year following had the said William Raphe and Philip with Richard Muriell and Albine de Endirby for the same Banks and Sewers and direction to proceed therin according to the Law and Custome of the Marsh. In which year I find it presented that the Sewer called the Ea ought to be repaired from the West end thereof unto the Sea by VValter Athall Fermour of the Duke of Lancaster's â—ishing and VValter Ranson Fermour of the Lord of Dalbye's fishing And that the South-west bank of Lusdyke ought to be repaired by the village of All Saints in UUaynflete As also that the Chanel of Lusdyke from Stordyke unto the Eas end ought to be repaired by the same village And that the Ea from the VVest end thereof unto Normandeepe ought to be repaired by the Fermours of the fishing belonging to the said Duke and to the Lord of Dalby In 1 H. 4. Henry Earl of Northumberland Sir Will. de Wilughby Sir Walter Pedwardyn and Sir Iohn Rochefort Kts Robert Tirwhit Will. Michel and Albine de Enderby had Commission for the view and repair of those Banks and Sewers betwixt Boston and Friskeney with power to hear and determine all things therein according to the Law and Custome of this Realm and the Custome of Romeney marsh and to take so many Diggers and other Labourers upon competent wages in respect of the great and instant necessity as they should think requisite to be imployed in the said work Other Commissions of the like kind were shortly after directed to sundry persons viz. in 6 H. 4. to VVill. de VVylughby Iohn de Rocheford Rob. Elkyngton VVill. de Ludington Thomas Somercotes Thomas de Enderby Iohn Symons and Robert VVhite for those within the precincts of UUrangle to Barton upon Humbre with appointment to proceed therein according to the Law and Custome of this Realm and so likewise in 7 H. 4. to the same VVilliam Iohn Albine de Enderby VVill. de Ludington and others In 9 H. 4. to VVill. Lord VVylughby Sir VValter Talboys and Sir Richard Haunserde Knights Robert Tirwhit Will. de Lodyngton Will. Michel and Thomas Enderby for those betwixt Boston and Trent In 10 H. 4. to Sir Will. de Wylughby and Sir Iohn de Rocheford Knights Will. Lodyngton Thomas Wace Richard de Bradlay and Will. Boleyne for those betwixt Boston and Skegeneys and in divers towns and places within the Sokes of Bolyngbroke and Horncastre with direction to proceed therein according to the Custome of the Marsh and the Law and antient Custome of this Realm In 11 H. 4. to Robert Tirwhit Sir Iohn Rocheford Knight Robert Waterton Iohn Waterton Iohn Skipwyth Will. Lodyngton Richard Tournay Richard Bradley and Thomas Wace for those betwixt Boston and Friskeney and to act therein according to the Law and Custome of this Realm and the Custome antiently used in that place In 12 H. 4 to Robert Lord Wylughby Sir Thomas Wylughby Kt. Robert Tirwhit Robert Waterton and others for those betwixt Boston and UUaynflete with appointment to do all things therein according to the Law and Custome of this Realm The like Commission the same year had Rob. Tirwhit Sir Richard Haunsard Knight Will. Lodyngton Nich. Tournay Thomas Claymond Henry Morley Iohn Skipwith and Robert Feriby for those Banks and Sewers from Littulburgh all along the River of Trent to Humbre and from Bishops brigges on the River of Ancolme to Humbre So also had Thomas VVace Richard Bradley and others for all the Banks and Sewers throughout this whole Province of Lindsey as also for those betwixt Boston and Friskeney before whom sitting at Bullingbrooke on Friday being the Feast day of S. Ambrose the Jurors presented upon Oath that it would be fit for the preservation of the Eastfenne that the Dam of Waynflete be shut throughout the whole year that the salt water being kept out of the wash the grasse and weeds growing therein might be totally destroyed and to be thus stopped up by the towns of the Wapentake of Bullingbroke and the Inhabitants of UUrangle Leake Leverton Benington Butterwik Freston and Tofte in such sort that the water descending from the mountainous parts of Lindsey and running into a certain Sewer called Lusdyke in Lindsey viz. in Thorpe UUainflete and Stepinge should be so kept within the bounds of a certain trench that it might not enter into the said Washe of the Est fenne but keep it course to the Haven of UUaynflete and thence to the main Sea In 13 H. 4. the King by his Attorney impleaded Will. Leveryk of Irby and Isabell his wife for making of a Ditch in a certain place in UUaynflet called Hall dale by means whereof four Sewers which passed the fresh waters from Bullingbroke and other Towns adjacent in Est fenne and UUest fenne became obstructed to the prejudice of the said Kings fishing there and the overflowing of four Acres of his said land In 1 H. 5. Robert Tirwhit Sir Richard Haunsard and Sir William Frank Knights Thomas Enderby Richard Hawe and Simon Louthe were constituted Commissioners for the view and repair of the Banks Sewers and Ditches from Wytherne to the Sea and betwixt Saltfletby and Trusthorpe and to do all things therein according to the Law and Custome of the marsh Divers other Commissions to the like purpose were shortly after directed to sundry other persons viz. in 6 H. 5. to the same Rob. Tirwhit Will. Lodyngton Tho. Cumberworth Roger Flore Thomas Enderby Thomas Somercotes Iohn Kyme and Iohn Langholme for all the Banks and Sewers in this Province of Lindsey In which Commission they had direction to proceed according to the Law and Custome of this Realm In 1 H. 6. to the same Robert Tirwhit Thomas Santone Robert Feryby Robert Wasselyn Henry Morlay and Thomas Belwode for those betwixt the Rivers of Trent and Ankholme wherein they were to act according to the Custome of the Marsh and the Law and Custome of the Realm In 4 H. 6. to Sir Robert Wylughby Sir Raphe Crumwell Sir William Crumwell and Sir Raphe Rochford Knights Walter Talboys Robert Tirwhyt Iohn Kyme Richard Hawe and Iohn Veere for all the Banks Ditches and Sewers throughout this coast of Lindsey In 6 H. 6. to Iohn Beaumont Sir Will. Tirwhit Knight Iohn Ellerker Robert Feryby Iohn Tourney and others for those betwixt Grymesby and Burton Stather In 9 H. 6. to Sir Robert Wylughby Sir Raphe Crumwell and Sir Raphe Rocheford Knights Iohn Ellerker Walter Talboys and others for all within this whole Province of Lindsey
Thornburgh and others for those Banks and Sewers from Skegnes and Dodyngton-Pygot to Tyddegote In 7 E. 4. Thomas Kyme of Friskeney and others had the Port of Waynflâ—te to ferm with Market and Wind-mill as also the Court of the said Market and Haven and fishing within the same paying xxl. yearly and supporting all chardges belonging to the said Haven Mill and fishing In 49 H. 6. Iohn Bishop of Lincolne George Duke of Clarence Richard Earl of Warwick and Salisbury Sir Humfrey Bourchier Lord Cromwell Sir Gervase Clyfton and Sir Will. Skipwith Knights Robert Taylboys Esquire and others had Commission for the view and repair of all the Banks and Sewers throughout this whole Province The like Commission in 12 E. 4. had Sir Richard Hastyngs Sir Thomas Burgh and Sir Will. Skipwith Knights Robert Taylboys Robert Ratclyf and others So also the same year had Thomas Prior of Spaldyng Richard Welby Leonard Thornburgh Richard Pynchebeck Iohn Bolles Robert Dokkyng and others for those from Dodyngtone-Pygot to Tyd-gote and thence to Skegnesse By all which Commissions since 6 H. 6. power was given to the persons before-mentioned and their associates to act therein according to the Custome of Romeney Marsh as abovesaid In 4 E. 6. VVilliam Lord VVilloughby of Parham Sâ—r Edward Dymok and Sir Iohn Copeldyk Knights George S. Poll and others Commissioners of Sewers by a Decree made at Wrangle on the first day of September ordained that the Inhabitants of the Soke of Bullingbroke together with Sir VVilliam Brereton Knight the Lord of Dalby and the Kings Fermour of his fishing at Waynflete and all others drayning thereby should clense scour and dyke the Haven of Waynfleâ—e from the AE end unto the Sea in bredth xxij foot at the top and in the bottome xiij And in depth from the Chanel downwards three foot to be done before the Feast of S. Peter ad Vincula then next following And that a sufficient Gote or Clow set up at the outer end of the same Haven for stopping of the salt water out of the North part thereof should be made there at the costs of the Inhabitants of the said Soke the Lord of Dalby and the Kings Fermours of his fishing there And moreover that an old Gote anâ— Dreyner called Symond's gote extending in length from the deep of the East Fen unto the Fen bank and from that Fen bank to the Sea which was then decayed for lack of scouriug should be sufficiently clensed So likewise the Dyke and Sewer extending from the Deep of the Fen unto the Fen bank Also that there should be two Gotes made of the said Drayner and Sewer the one at the Fen bank and the other at the out end of the Sea at the costs of the Inhabitants of the said Soke and the Inhabitants of such towns and the Landlords therein who had before that time been chardged betwixt the Fen bank and the deep of the said Fen and all to be done before Martinmasse then next ensuing And farther than this wherein I have given instance I shall not descend to any more particulars till the time of Queen Elizabeth that Thomas Quadring Hamond Upton Thomas Marsyngberd and others then Commissioners of Sewers sate at Partenay on the 22th day of Iuly in 2 of her reign for the setling of all things touching the repair of the Banks and Ditches in this Provicne before whom the Jurors then presented that there was one Sea-bank new made in Skegnes to begin at a place called Ranson hyrne and to be xl falls in length from the North end of the said Ranson hyrne towards the South and so to be joyned and closed unto the old bank which said Sea-bank to be fifty foot in the skirt fourteen foot broad on the top and xij foot in height and to be made by the Land-holders in Skegnes aforesaid And they likewise at that time presented that the old Sea-bank ought then to be repaired for it's better withstanding the rage of the Sea Also that another new Sea-bank should be new made within the limits of Skegnes aforesaid from one slaver there wâ—ich goeth up the lands late belonging to Charls Duke of Suffolke unto the South end of the Gild Hall which new bank to be xx falls in length and to stretch from the said Gild-Hall to the old Bank and be made by the said Land-holders Likewise that the old Sea bank in Skegnes called the Haven bank should be repaired where defect was Also that Wainflet haven being defective for want of scouring from the Crosse at the Eyes end into the Sea that being a necessary drayn for the Soke of Bullingbroke and heretofore diked and scoured by the Inhabitants thereof and to be done before the Feast of S. Iohn Baptist next following Moreover that a place there called Guddyke which leadeth from the Eyes end to the Fen be also scoured viz. two parts thereof by the said Queen or her Fermour for the fishing there and the third by the Lord of Dalby as had been accustomed And that a new Gote or Clow be set in Waynflet haven within ten falls of Thorpe and Waynflet Sea-gote and a Bank on the South side of the said Haven from the said new Gote unto the .......... and that the Inhabitants of the seven towns in Holland should be at the chardge of setting up the said new Gote in respect of their benefit of common in the East and VVest fenns Also that the Bank to be then made between the new Gote and Thorpe be done viz. three parts thereof at the chardges of Hamond Upton Esquire one of the Commissioners above-mentioned and the fourth at the chardges of Iohn Whiting Rob. Whiting and the bank on the South side of the Haven to be don by the Soke of Bullingbroke Likewise that a new Gote be set at the Fen Dyke bank to take in fresh water by it to be done by the Inhabitants of Waynflete S. Mary And another Gote called Dayles gote and another to be set fourscore falls beneath the old Sea Gote both to be done by the Land-holders in Waynflet S. Mary aforesaid And that a new Cryke of xxx foot wide and six foot deep be made from the said new Gote unto the old Gote and beneath the said new Gote another new Cryke made from the said new Gote unto the old Cryke to be done by the Lords and Land-holders in Waynflet S. Mary and on either side the said Cryke a sufficient Sea-Bank to keep out the flouds of water And they also presented that one petty Gote should be made in Crosse gate against nine Acres of Mr Dyghtons and another in Westgate against Thomas Harrysons Acre as also a spout in Hall gate another in Somergate and another in Acregate Likewise that a spout be made in Waynflete All Saints over the gate on the North side of Burflet at the chardge of the holders of the Lands which did drayn it And that another
spout be laid at the higher end of Collyson gate at the chardge of lands that should drayn by it As also another between Hall toft and Richard Lowys his land by the lands that were to drayn by it And another against one Dyke end of Iohn Holy-days by all the lands which should drain by it All which things were then decreed by the before-specified Commissioners and several other Orders by them made for the clensing and repairing of sundry Drayns Sewers and Gotes which were then defective There was also in the same second year of Queen Eliza. reign a Decree made in the Dutchy Court that the Port and Haven of Waynflete from the West end of the Eye unto the Sea or the place called Norman diepe should be repaired diked and scoured of sufficient depth and bredth as before that time had been accustomed and this to be performed by the said Queen or her Fermours of her fishing at Wainflete the heir of Sir William Brereton Kt. or his Tenants and by the Soke of Bullingbroke viz. two parts of the said Port â—â—om the said place called the VVest end of the Eye unto the Sea or plaâ—e called Norman diepe at the chardges of the said Queen or her Fermours the heir of the said Sir William Brereton Knight a fourth part and the Inhabitants of the Soke of Bullingbroke the other fourth part After this viz. 4º Aprilis Anno 1571. 13 Eliz. there was a view taken of the fresh and salt water banks in Waynflete S. Mary by Tho. Quadring Esq the high Shireeve of Lincoâ—nshire Hamond Upton Esquire William Derby and Anthony Kyme and other Justices of Sewers at which time it was presented that the North end of a bank called the Fen dyke in Waynflete S. Maries extending to Deacon gappe against the South in Friskeney being in lâ—ngth three hundred rode ought to be repaired by the Commoners of Waynflete S. Maries for that the said Commoners got Reed and did fish in two Fens adjoyning to both sides of the bank and because the said Commoners had bit for their Cattel in the said two Fens And that from the said Deacon gappe unto the Clow called the Fen Clow and thence unto Strange place the said bank being in length about three miles and in decay so that the Inhabitants of Friskeney were thereby surrounded ought to be repaired by the owners and Commoners as were before that time accustomed to do it Likewise that Simon gote being used as before had been accustomed might serve for a whole Drayn aswell for the taking away of the head of the waters out of the East fen as for the low grounds adjoyning to the same in Friskeney and Wrangle and the said low grounds in Friskeney and Wrangle to bear such reasonable chardges in the same Drayn as by the Bench should be thought meet Also that New gote in Friskenay was a sufficient Drayn for the said Town so that it were scoured and clâ—nsed with the petty Drayns belonging thereto And lastly that Waynflet S. Mary was then destitute of any Drayn whereupon they desired that it might have a Drayn into Waynflet haven All which were then decreed accordinâ—ly And in a Session of Sewers held at Alford 4º Iunii 23º Caroli there was a Decree made that the new Sea bank of Ingoldmels should be raised and skirted to the height of Hogstrop new Sea-bank viz. nine foot and an half twelve foot square and sixty foot in the skirt from the said Hogstrop Sea-bank to Watson's house in Ingoldmels at the chardge of Croft Burgh Bratoft Irby Frisby great Stâ—eping and Gunby the Landlords bearing three parts thereof and the Tenants the fourth CAP. XXX ON the South West side of this Province is Fosse dike an artificial trâ—nch extending from that great Marish below the City of Lincolne unto the River of Trent at Torkley which is about seven miles This was made by King Henry the first in the year 1121. 21 H. 1. for the bringing up of navigable Vessels from the said River unto that City for the Commodity thereof Which trench as it was of special consequence for that purpose so did it no lesse benefit to the parts adjacent by drayning that Fenny Levell from the standing water then much annoying it But this Ditch standing in such a flat that it had no quick current of water through it to scour out the mud and filth which by little and little increased therein it came in time to be so choakt up that it stood in need of clensing for supporting therefore of that chardge certain summs of money were assessed upon those Land-holders which had benefit thereby and Collectors appointed for the same which Collectors converting a great part thereof to their own use King Edward 3. in the 9th year of his reign assigned Adam de Lymberg Geffrey de Edenham Thomas de Sibethorpe and Nicholas Belowe to enquire thereof What was then done therin I find not but certain it is that within thirty years after it was grown so full of weeds and grasse and the earth so trodden into the same by driving of Cattel over it in seâ—â—â—â— places and the mud increased to such a thicknesse that the Citizens of Lincolne aswell in behalf of themselves and other Tradesmen of the City of Yorke towns of Notingham and Kingston upon Hull as several other places did in 39 E. 3. make a great complaint thereof to the King in Parliament representing the damage which accrued to them thereby in regard that ships and Boats could not passe too and fro therein with Merchandizes and Victuals as they had wont to do The said King therefore much tendring the good of that City and the benefit of all other persons who had occasion to passe through the same with Boats and other Vessels for their better advantage in the way of commerce and trade and to that â—nd being willing to apply a speedy remedy thereto constituted Philip de Lymbury Will. de Skipwith Adam de Lymbergh Illard de Usflet Robert de Morton and Walter de Poynton or any four three or two of them to view the said Chanel and the defects thereof and to enquire by the Oaths of honest and lawfull men of this County aswell within liberties as without who they were that ought and had used to clense the same and for how long time and in what manner they had so done and to distrain them and every of them whom they should find lyable thereto to repair and make good those defects as often as need should require and to compell them thereto by amerciaments and such other ways and means as they should think most fit and to hear and determine of all and singular the premisses according to the Law and Custome of this Realm But if these Commissioners did any thing therein it amounted to little for about ten years after the Term being then kept at Lincolne the Jurors of divers VVapentakes in this
every Wane of the Moon and the fourth being stricken with a Palsie continned so untill his parents with great sorrow brought him to the Tomb of S. Audrey and there watching one night and promising upon the Sacrament to make satisfaction he became restored by the intercession of that blessed Virgin Neither was this Church possest by any other than these wicked Priests untill the tenth year of the reign of King Edgar For it hapning in that King's time that one Sigewold a Bishop a Greek by nation and Thurslane a Dane taking notice of the eminency of this place and becomming both of them suters for it more out of covetuousness than devotion one Wlstan de Delham Secretary to the King informed him of the fame and sanctity thereof and told him that such persons were not worthy of it and moreover declared unto him the life and miracles of the glorious Virgin S. Audrey in the presence and hearing of Ethelwold Bishop of Winchester then the Kings Confessor who taking notice thereof with great delight forthwith purchased it of the said King with such immunities and privileges as that it should for ever be free from any Regal tribute or exaction And having so done did put out those secular Priests and repairing the Church which had been destroyed by the Danes and continued desolate for an hundred years introduced Monks thereinto constituting Brythnod Provost of the Church of Winchester the first Abbot All which was performed in the year after the Incarnation of our Saviour DCCCCLx and from the time that S. Audrey first built it CCXCvii receiving into it those Priests which were content to undergo a Monastique life and augmenting it's possessions with divers other lands purchased by himself as also divers rich ornaments And obtained some of the said Kings grant And moreover bought of the said King not only the whole Isle scil xx hides of land which he had therein but the dignity and soke of seaven Hundreds and an half viz. two within the Isle and five and a half in the territory of the East-Angles â—ive at Meldeburne three and an half at Hernyngforde and twelve at North wolde for which he gave in exchange Lx. hides in Hertyngham given unto him by K. Athelstan bestowing other things for which he paid an hundred pounds as also a Cross of gold beautified with merveilous work and filled with Reliques which the said King in confirmation of his said grants and privileges to this place had offered here upon the Altar of S. Audrey with an admirable book So that the whole that this devout Bishop gave to God and S. Audrey within this Isle Marshes and Fenâ—s was no less than Lx. hides And to these concessions did the same K. Edgar adde the grant of xl hides of land lying in the town of Hatfeilde and moreover gave to the said Bishop the mannour of Sudburne upon condition that he would translate the Rule of S. Benedict out of Latine into English which he did and offered it to S. Audrey And lastly bestowed on the said Church his garment of fine purple made aâ—ter the fashion of a coat of mail and wrought throughout with pure gold whereof a Miter was made And out of his own Chapel several little Chests and Scroules with the Reliques of divers Saints CAP. XL. HAving now done with this second foundation of the said Monastery so made by that devout Bishop as hath been observed I must not forget the gift of Staney thereunto This was bestowed on it by the before mentioned Wulstan de Delham who had it with the Fen belonging thereto of the grant of one AEscuen a VVidow which Fen the Monks afterwards dimised for the Rent of two thousand Eeles unto a certain Kinsman of the said AEscuen who having been tenants to it formerly and continuing so likewise during the life of the said King Edgar did at length hold it as their own without any sentence or law of the Citizens and Hundreders Upon complaint made therefore of this injury to AEgelwine the Alderman who was then chief Justice to the King over all England the said AEgelwine came to Ely and summoned Reigmund de Holand and the rest that so held it to come before him to answer the sameâ— but they though often warned refused to appear nevertheless the said Abbot continued his sute and renewed his complaint to the people for that wrong upon all occasions At length the said Alderman sitting at Cambridge there was a great Court of those Citizens and Hundreders before xxiii Judges held under a câ—rtain place calledâ— Thirningfeld neer Maideneberge where the Abbot declared openly to them all how unjustly the said Reimund and the rest had dealt with him in dispossessing S. Audrey of this Staneye and how that they would never appear though frequently summoned VVhereupon the Judges decreed that the before specified Abbot ought to have the same again as also the whole fen and fishing and moreover that he the said Reigmund and the other defendants should pay to the same Abbot the arrear of fish due for six years and likewise give a forfaiture to the King and that if they did not freely do so they should be distrained by their Cattel And thereupon also did the said Alderman command that Oskytel and Osmund Bece with a Godere de Ely should perambulate that land and put the Abbot in possession thereof who did accordingly Of the before specified Abbot Brithnod I also find that by his care and industry the limits of this Isle were first set forth viz. from Cotingelade to Litleport or Abbotes delfe since called Bishops delfe being in length seaven miles And from Cherche were to Straham mere in breadth four within which compass divers petty Isles are included Moreover as a member thereof though lying without this circumference is Dudintone as also Chateriz where was a House of Nunns with the town of Wittlesey and Abby of Thorney which Abbot calling together the Inhabitants on every part thereof assigned them their several portions of land and for a perpetual evidence of the possessions belonging to his Church he caused that large and deep ditch to be cut through the main body of the Fenn which was then called by the name of Abbot's delfe as I have observed to the end it might remain as a boundary in that deep mud and water This Monastery being therefore so amply endowed with lands and otherwise richly beautifyed through the bounty of many zealous people who then thought nothing too much for the glory of God and his service and growing more famons every day than other by reason of the miracles which were done at the tombe of that renowned Virgin S. Audrey multitudes of people for devotions sake flocking thither it hapned that about fifty years after King Canutus a Prince of great wisdome valour and pâ—ety being desirous together with Queen Emma his wife and the Nobles of this Realm to keep the feast of the Purification of our Lady
them But within the sâ—ace of two years following they were all thrown down again and the stones carried away by the men of Kesteven Whereupon a Commission was granted and sate at Donington on Thursday next after S. Matthew's day in 17 R. 2. by Robert Lord Willughby and others to make enquiry and to punish the offenders sundry whereof were therefore hang'd some baniâ—hed and some fined in great sums and command given for erecting new Crossâ—s of stone at the chardge of these men of Kesteven In 10 H. 4. Iohn Earl of Somerset brother to the King Will. Lord Roos Robert de Tame Iohn de Holand de Welysthorpe with others were constituted Commissioners for the view and repair of all the Banks Ditches c. both upon the seacoast and elsewhere within this province of Kesteven and to proceed therein according to the law and custome of the Marsh there before that time used and the law and custome of this Realm In 7 H. 5. there was a Prâ—sentment exhibited against the town of Brunne with the hamlets of Dyke and Calthorp and against the Town of Morton and Hermethorpe for turning the fresh waters towards the North which ought to run Eastwards into the Sea But notwithstanding the boundaries betwixt these Provinces of Kesteven and Holand so set forth as hath been said I find that Margaret Countess of Richmund and Derby being Lady of Deping in 16 H. 7. did then procure a new Commission directed unto Robert Lord Willoughby Thomas Lord Rosse Thomas Lord Fitzwalter George Lord Hastings Iohn Lord Fitz Warren Sir Robert Dimock Sir George Taylboys Edward Stanley Christopher Willoughby and Reginald Bury Knights to hear and determine the controversy between the Inhabitants of the parts abovesaid Which was accordingly done by these Jurors viz. Sir Robert Hussey Knight Sir Iohn Digby Knight Sir Iohn Thimelby Knight Thomas Dimock Richard Thimelby Richard Harington Will. Erminâ— Will. Mounson Iohn Bâ—ssy George Asâ—â—â—y Robert Tirwhit Richard Cecill Iohn Bâ—llâ— William Fitzwilliam Iohn Folâ—ingham Will. Leigh Thomas Desney Richard Grantham Edward Askew George Mackwoâ—th Thomas Billesby Will. Thorold Will. Enderby and Iohn Walcot Esquires CAP. XLIII HAving now done with what concerns the Province of Kesteven alone I come to it and Holand joyntly whereof the first mention that I have met with is of the afforestation made by King Henry the first in these parts which continued not long for it appears that King Richard the first about the beginning of his reign by his Charter to the Monastery of Spaldyng of the Towns of Spalding and Hinchebec with the lands waters and Marshes to them belonging did acquit the Inhabitants of those places from all duties belonging to the Forest as also of Harts and Hindes with all other wild beasts and of all Forest Customes and exactions which had used to be there do â—e or required so that no Forester or any other might thereupon vex or disquiet them And moreover gave them License to make Banks and Ditches to inclose their Lands and Marshes as also to build Houses and exercise tillage as they themselves should think fit within these particular metes and bounds viz. betwixt the river of Wailand and Chelebeche in length and from Midfen dic which is the division betwixt these two Provinces of Kesteven and Holand and Gudramesend which is the boundary as far as Saltene in bredth and Hasmanespade as the said river of Wailand coming from Crouland descendeth to the Sea From this deafforestation abovementionâ—d I shall descend to King Henry the third's reign in whose time I find that there was a Precept directed to the Shireeve touching the partition of Hauthuntre-Fen by the consent of those that had right therein whereby the said King gave special command that each Town might have their due proportion thereof assigned to them but in the first place that a Perambulation should be made by the Oath of xij lawful and discreet Knights betwixt it and the Fen called Fenting fen viz. in length from the Town of Swinefheved to a little rivulet called Barkesmere and so from the Marsh of Stevening as Barkesmere goeth betwixt the said Fen called Hauthundrefen and the Marsh of Hale unto the river of Kime and so in length by the said river of Kime to Dockesdike and from thence by the water Wuna to certain land of Boston And that so soon as the said Petambulation should be thâ—s accomplisht then to make partition of the before mentioned Fen by the Oaths of those Knights in such sort as each Town might have an assignation of their particular share to dispose and make improvement of the same according to their own best liking After this viz. in 44 H. 3. the King then directing his Precept to the Shireeve of this County whereby taking notice that not only the Landholders in those parts but himself had suffered inestimable damage by the overfloâ—ing of the Sea and likewise of the fresh waters through the default in repâ—ir of the Banks Ditches Gutters Bridges and Sewers in the lands which lately belonged to William Longespe in these parts of Kesteven and Holand he commanded the said Shireeve forâ—hwith to distrain all such Landholders who had safeguard by those Banks and Ditches and ought to repair them according to the proportion of their lands to the end that they might be speedily repaired in such sort as they ought and had used to be And in 23 E. 1. Adam de Crokedayk and W. Inge were constituted Commissioners to view the Banks Ditches and Sewers in these Provinces and to see that the currents of fresh waters in the Marshes thereof might have their due and antient passages as they had wont to have In 9 E. 2. Lambert de Trekyngham Roger de Coppeldyk and Robert de Malberthorp being then constituted the King's Justices of Sewers for these parts sat at Boston upon the Tuesday next after the feast of the Exaltation of the holy Cross there to make enquiry by the Oaths of good and lawful men what persons of this County of Lincolne had used to repair and maintain the Banks Ditches Gutters and Sewers within the fens of Kesteven and Holand and other places thereabouts as also the floudgates by which the fresh waters that had used to run from the parts of Kesteven into the said Fens were hindred from so doing and by whom the said waters were turned out of their right and due courses as also in what sort Whereupon Sir Will. d' Autre Knight Iohn de Holand and several other persons of quality being sworn did upon their Oaths present That the Town of Danington ought and had used to repair the Causey of Holand with little Bridges and Ditches on each part of the same from the said Town of Donington to the new Ditch And from the said Ditch unto the Chapel of S. Saviours the Prior of S. Saviours to perform the like repair there being at that time great defects
in those Bridges and Ditches And they also said that the Town of Donyngton ought and had used to repair the Sewer of Scathegrafte Swyneman dam and Swane lade in bredth xvi foot and of such depth as that the water running to the river of Byker and so to the Sea were not hindred Which Sewer ought to be open from the first day of March until the feast of S. Martin in Winter and so likewise from the said feast of S. Martin until the first day of March except so great an inundation from the Sea should then happen as that the said Sewer would not be sufficient but that the Province of Holand would be drowned In case of which inundation that then it might be lawful for the said Town of Donyngton to stop those Sewers and presently upon the fall of the water to open them again Which said Sewers were then obstructed through the default of the said Town of Donyngton that ought to have scoured the same And the said Juros farther said that the Town of Byker ought to repair and clense the said Chanel from Bondstake to Quadring to the bredth of xxiiii foot and that the Town of Quadring with the Commoners belonging thereto ought to scoure and repair the said Chanel unto Gosbirkirk of the same bredth And that the Town of Gosberkirk ought to do the like from thence to the Sea to the intent that the fresh waters might not be hindered by the said Chanels and Sewers And they said that the stream of Byker was then obstructed from Bondstake to the Sea through the default of the towns of Donyngton and Quadring and the Commoners of Gosberkyrk who ought to have clensed the same And they said moreover that the Chanel of Byker where the Dam was ought to be open throughout the whole year but that it would be more expedient that the town of Byker for the particular commodity thereof and for the benefit of the whole Countrey should make a certain Clow with two Dores each of four foot in bredth which Clow to be always open excepting in the time of mighty floods from the Sea And they also said that the Gutters and Sewers in Quadryng were then obstructed by the town of Quadring and the Commoners thereof and that it ought to be in bredth xvi foot and of such depth that the current of the water might not be hindred as also that it ought to be clensed and repaired by the said town and the Commoners And that the Sewer of Gosberkyrk called Risgate Ees and the Sluse betwixt the Fen and the Sewer which ought to lye open all the year as Scathegrafte and Swanelade used to do were then stopped by the Abbot of Peterborough and town of Gosberkyrk and that the town of Gosberkyrk with the Commoners ought to clense repair and amend the said Sewer Gutters and Sluse in such places where it had antiently wont to be viz. through the midst of the Fen belonging to that Abby And they said likewise that the Sewer of the Beche which ought to be repaired and clensed by the towns of Gosberkyrk Hynsebek and Surflâ—te from the Fen unto Surflete and thence to the Sea was obstructed through the default of those Towns and that one Richard de Hodell had raised a Bank in the course of the said Sewer by which the passage of the water was hindred And they farther said that the Sewer of Brigefleet was obstructed by the Town of Hekyngton and that it ought to be clensed and repaired by that Town unto the river at Swynesheved the Chanel there being sufficient to carry the water down to Kyme mouth Ee where it was then stopt by Philip de Kyme to the great damage of the Country And that the Sewer called the Encluse neer Boston ought to run at all times of the year and that it was stopped every Winter by the men of Boston at the West end of the Bridge as also that it ought to be three foot in bredth And that it ought to be repaired and maintained at the VVest end of the said Bridge by the Inhabitants of Boston And they likewise presented that the Sewer called Hamondebek on the South side of Boston was also obstructed by the Inhabitants of that Town on the West part of the said Bridge and by the Inhabitants of Skyrbek And that it ought to be repaired clensed and maintained by the said Inhabitants of Boston and Skyrbek in consideration whereof the said men of Boston living at the West end of the said Bridge ought to common in the Marsh of the eight Hundreds and that the said Sewer ought to run at all times in the year And they said moreover that the men of the eight Hundreds ought to clense the Chanel of Swynesheved from Blalberdeboche unto the North part of Swinesheved Town and that the said Town of Swynesheved ought to scour the same Chanel from thence unto the stream of Byker And that the Towns of Iwardeby and Onsthorpe ought to repair and maintain the South side of the water which runneth from Happeltrenesse to Kyme and that it was then in decay through the neglect of the Prior of Haverholme who ought to repair a great part thereof and refused so to do And they farther said that Philip de Kyme who ought upon his own ground to repair a certain part of that side at the Wathe mouthe did fail in doing thereof and so through the default of the said Prior and Philip the whole Marsh of Kesteven and Holand was overflowen and drowned to the destruction of all those Countries And that the said Philip did divert the course of that water to the great prejudice of the Country and especially of the Prior of Kyme And they likewise said that the Prior of Haverholme ought to find a certain boat at the Bothe neer to the Wathe mouthe for to carry over foot-folk aswell by night as day whensoever any one should pass that way and that he did neglect so to do to the great damage of such people that had occasion to pass that way And they said that the said water was the publick passage for all the Kings liege people from Kesteven to the river of Wythum And they said moreover that the Chanel called the Old hee between the Marsh of Holand and the Marshes of Hekyngton and Kyme ought to be repaired and clensed by the men of the eight Hundreds of Holand on the East part and by Henry de Beaumont or the Lord of Hekyngton and Commoners of that Town And on the West part by Philip de Kyme from Blalberdebothe to the water of Kyme and that it was there obstructed by Philip de Kyme And they also said that the Town of great Hale with the Commoners there ought to repair and maintain a certain Causey from Gerwyk to Pyngelhyrne both for Foot and Horse-men And that the beforespecified Town of Hekyngton with Gerwyk ought to clense and repair the Chanel of Gerwyk unto the water of
the Arch-angel to answer unto the particulars contained in the said presentment who came accordingly and said that he himself and some of his Predecessors with their Tenants and Fermours in the Towns and places adjacent to those banks had for their own Commodity and benefit often repaired divers parts of them but not at all for the advantage of the Country and thereupon did put himself upon the tryall of a Jury Which being summoned to appear came and said upon their Oaths that the said Abbot and his Predecessors as also their Servants Tenants and Fermours of their Lands and Tenements lying in the places adjoyning to those Banks had very often for the avoiding of damage to themselves repaired those Bank for their own private advantage as he the said Abbot had pleaded and not otherwise And that neither the said Abbot nor any of his Predecessors had ever repaired them for the safeguard of the Country or keeping in the water within the said banks for the benefit and Commodity of the Kings liege people Wherefore the said Abbot was dischardged from that Presentment But after this viz. in H. 6. time there was an Inquisition taken at Staunford in this County before Sir Iohn Beauchamp Knight then Steward of the Kings Houshold and Iohn Duke of Norfolk Marshal of England and the Marshal of the Court of Marshalsiâ— in the said Kings Houshold where it was found by the Jurors that there was a certain Clough called Shiphey lying at Dousdale in the parish of Crouland then broken by reason whereof the Lands and Tenements of divers persons thereabouts were overflowed to their great damage and hindrance and that the Abbot of Crouland ought to repair the same as he and his Predecessors had formerly used to do which Clough had been broken and out of repair from the Feast of Easter in the xxxvi year of the reign of King Henry the vi and did so remain at the taking of this Inquisition Upon which presentment so made by the said Jurors as aforesaid the Abbot of Crouland by his Attorneys appeared at Deping upon Thursday next after the Feast of All Saints in the second year of King Edward 4th before the Steward and Marshal of the Kings Household and pleaded not guilty as to the said chardge but because he would not contest therein with the King he submitted himself and desired that he might be admitted to his fine and was accordingly which the Court assessed at vis. viij d. In 3 H. 5. there was an Award made betwixt the Abbot of Crouland and the Inhabitants of Spaldyng and Pinchebec by Iohn Woodhouse Chancellour of the Dutchy of Lancaster Iohn Leventhorp Receiver and Will. Babington one of the Council of the said Dutchy with the assistance of Richard Norton Chief Justice of the Common Pleas and the rest of the then Justices of that Court who did decree to the said Abbot and his successors all the soil of Goggisland together with the whole fishing and fowling therein and that the said Inhabitants of Spalding and Pinchebec should be excluded from taking any other profits therein excepting Common of Pasture CAP. XLV HAving now done with what concerns that sometime famous Monastery of Crouland I shall proceed with the remainder of this Province but before I descend to speak in particular as to the support and maintenance of those antient banks so long before made for the gaining thereof from the Sea and it's defence against the fresh waters as also such works of drayning or otherwise as tended to the better improving of all or any part of the same I think it not impertinent to take notice that these following Marshes and Fens are observed to have long since been within the limits of it viz. in the year of Christ DCCCxxxij in Langtoft to the extent of two miles in length and as much in bredth In Baston xvi furlongs in length and eight in bredth In Holbeche and Capelade in the year DCCCLi five thousand acres and in the Norman Conquerors time in Algarekirk ten Ox gangs then waste by reason of the Seas inundation Next to observe that King Henry the first did afforest a great part thereof aswell as of Kesteven already spoke of And that King Iohn did in the fift year of his reign deafforest all those lands that belonged to Surflet Gosbercherche Quadavering and Dunnington As to the Sea-banks in this Province I find no mention of them till King Henry the third's time but then it appears that the said King directed his Precept to the Shireeve to distrain all those that held any Lands lyable to the repair of them to the end that they might be repaired as they ought and used to be which Tenants were afterwards to have allowance thereof from their Landlords And about four years afterwards viz. in 44. H. 3. the said King by his Letters Patents to Henry de Bathe of whom I have had occasion to make signal mention in my discourse of Romeney marsh reciting that whereas through the inundation of the Sea into these parts of Holand inestimable losse had hapned and more was imminent as he had credible information and that by reason thereof he had sent his Precept to the Shireeve of this County to distrain all those who held any Lands and Tenements in these parts which ought to contribute to the repair of the Ditches Bridges and Banks of the Sea and Fens therein in order to the repair and maintenance of them according to the quantity of their said Lands Neverthelesse for the manifestation of his greater care of that work he appointed the before-specified Henry together with the said Shireeve to provide forthwith for those repairs and to make distresses for the same in such sort as he should think most fit and conducing to the benefit and security of those parts In 47 H. 3. there was a presentment by a Jury exhibited to Martin de Litlebury and his fellow Justices Itinerant at Lincolne on the morrow after the Clause of Easter shewing that antiâ—ntly in the time of old Will. de Rumare Earl oâ— Chester it hapned that two men carrying a Corps from Stikeney to Cibecey to be buryed in the Church-yard there drowned it on North dyke Causey Which being told to the said Earl he acquainted the Abbot of Revesby therewith and advertised him that he and his Covent ought at their own proper chardges to repair and maintain the said Causey in consideration of two pieces of ground which he the said Earl had given them to that purpose for ever whereof one was called Heyholme and the other West fewer containing about sixscore Acres and worth by the year vil. And the Jurors farther said that the before-specified Abbot and Covent which then were did receive that land of the gift of the said Earl for the maintenance of the same Causey for ever and that they did accordingly repair it for a long time untill that
Stikeneie and A. de Cubledyk for those in the Wapentakes of Kirketone and Skirbeche and the parts adjacent In 7 E. 2. to Roger de Cubeldyk Laurence de Holebeche and Walter de Freskeneye for those only upon the Sea coast in this Province The like in 8 E. 2. to the said Roger Laurence and William de Farforde In 9 E. 2. upon an Inquisition taken at Boston before Edmund Deincourt Lambert de Trikingham Roger de Copildik and Robert de Malbirthorp then Justices of Sewers upon Tuesday next after the Feast of the Exaltation of the Holy Cross it was found that the Town of Donington ought to repair and maintain the Causey of Holand with Bridges and Ditches on each side thereof viz. from the said Town of Donington unto the new Ditch and from the said Ditch unto the Chapel of S. Saviours the Prior of S. Saviours ought to do the like And it was likewise found that the said Town of Donington ought to repair the Sewers of Scoftgraft Swinemandam and Swanislad to the bredth of xvi foot and of such depth that the current of the water should not be hindred unto the River of Biker which leadeth to the Sea and that they ought to be open from the first day of March untill the Feast of S. Martin in Winter and likewisâ— from the Feast of S. Martin untill the first day of March unlesse so great an inundation of the Sea-water should happen at that time that the Sewers would not suffice to carry it away but that the Country of Holand would be ovâ—rflowed and in case of such flouds that tâ—e town of Donington might stop tâ—ose Sewers and upon the fall of the waterâ— opâ—n them again And it was found that the said Sewers were then stopt for waâ—t of clensing by the said Town of Donington And it was â—urâ—â—er found that the said town of Biker ougâ—t to repair and clense the said River of Biker unto Bondistac and from Bandistac to Quadring the said town of Donington to do the like to the bredth of xxiiij foot And that the town of Quadring with the Commoners thereof ought to scour and repair the same River unto Gosberchirch to the same bredth and the town of Gosberchirch to do the like according to the same bredth unto the Sea so that the fresh waters might not be hindred by the said Rivers and Sewers And it was also found that the River of Biker was then obstructed from Bondistake unto the Sea through the default of clensing it by the town of Donington and Quadring and the Commoners of Gosberchirch And that the said River of Biker where the Dam was ought to have been open all times of the year but that it would be more proper that the said town of Biker for their own benefit and commodity of the whole Country should make a certain Clow with two dores each of them four foot in bredth which Clow to be always open unlesse a great inundation of the Sâ—a should happen And it was moreover found that the Sewers and Gutters of Quadring being then obstructed by the town of Quadring and the Commoners thereof ought to be xvi foot in bredth and of such depth that the course of the water might not be hindred and repaired and clensed by the said town and Commoners And that the Sewer of Gosverchirche called Risgate and the Sluce betwixt the Fen and it which ought to be open throughout the whole year as Scatisgraft and Swannislade used to be were obstructed by the Abbot of Peterborough and the town of Gosberchirche and that the town of Gosberchirche with the Commoners thereof ought to clense repair and new make the said Sewer and Gutter called New gote and the Sluse whereby the water did antiently passe directly through the midst of the said Abbots marsh And it was likewise found that the Sewer of the Beche which ought to be scoured and clensed by the towns of Gosberchirch Surflet and Pinchebec from the Fen to Surflet and from Surflet to the Sea was then obstructed tthrough the default of those towns and that one Richard de Heddil had raised a Dam in the said Sewer whereby the course of the water was hindred And it was also found that the Sewer of Briggeflet was then obstructed by the town of Hekyngham and that it ought to be amended by the said town unto the River of Swinesheved and that there the River was sufficient to carry away the water unto Kyme mouth which was at that time stopped by Philip de Kime to the great damage of the whole Country And that the Sewer called the Encluse neer Boston ought to run for the space of the whole year but was then obstructed in the Winter season by the Inhabitants of Boston on the West part of the Bridge and that it ought to be three foot in bredth and repaired by the town of Boston on the West part of the Bridge Likewise tâ—at the Sewer called Hamundbek on the South end of Boston was then also obstructed by the Inhabitants of that town on the West part of the Bridge and the Inhabitants of Skirbâ—k and that it ought to be repaired by the said men of Boston to inhabiting on the West of the Bridge and the mâ—n of Skirbek and for that reason all the said Inhabâ—tants residing on that West side of the Bridge ought to Common in the Eight hundred fâ—n and that this Sewer ought to run by the space of the whole year And that the Inhaâ—itants of the Eight Hundreds ought to clense the River of Swynesheved from Balberdesbothe unto the North end of Swynesheved town and the town of Swynesheved to do the like from the said place unto the River of Biker And moreover that the towns of Iwardebi and Ousthorp ought to repair and maintain the South side of the wâ—ter called Apiltrenesse unto Kime and that it was then in decay through the default of the Prior of Haverholme who ought to repair a great part thereof and did refuse so to do And that Philip de Kime who ought of right to repair a certain portion of the side at Watemouthe did not do it insomuch as through the default of the same Prior and of the said Philip de Kime the whole Fen of Kâ—steven in Hoiland was overflowed and drowned to the damage of all those Countries And it was likewise found that the said Philip ought to repair that current of the before-specified water and did neglect so to do to the great damage of the Country and especially of the Priory of Kime And also that the Prior of Haverholme ought to provide a certain Boat at the Bothe neer Watemouth to transport foot-folks over that water aswell by night as day so often as any man should have occasion to passe that way and that he did not do it to the great damage of passengers travailing there And that the said water was the common passage from Kesteven unto the River of
chardges of the said Country of Marshland as oft and when need shall require the South end whereof is in defect for lack of height yet not very needfull to be exalted and made because the Hundred is sufficiently defended by a certain Bank of the Old Pow dich which extendeth from the South end of the Thwart lane aforesaid unto the River or Sewer of Welle and from thence on the West side of the said River unto the beginning of Emneth Sea-dyke at Boxsted stile which Bank of the Old Pow dich we find necessary to be new agisted that every person may have equal chardge accordingly as they now use 8 Item they say and find that all the Lands and Tenements c. in the said Hundred on the West side of the said great River and a certain field called Hawsted are defended and saved from surrounding by a certain Bank called Broken dich or Old fen dich situate in the Town of Elme in the County of Cambridge extending from a certain place at Emneth called Mill dam unto another place called Hichcock's dam which Bank for the better security of Marshland would be exalted from the corner next the Mansion house of Robert Blewick in Emneth unto Hichcocks dam one foot at the least and more where necessity should be so that the same shall be a just Levell and in bredth in the top twelve foot and by the common chardges of all the Lands and Tenements within the Salvation aforesaid 9 Item that two Pipes are laid throughout the said Bank for the drayning of certain lands on the South side of the said Bank which are to the surrounding of Marshland and the Commons of the same and ought to be fordone and broken up for that they are to the great prejudice of Marshland 10 Item they say and find that where in the first year of Henry the sixth a Decree was made before the Commissioners of Sewers then aswell for the Salvation of certain Fields called Plawfield Budbeche field Kirkfield and Sandyfield in Upwell and Outwell as also for the perfect saving and sewing of the Lands and Tenements within the salvation of the New Powdich then to be erected and on the South side of the Old Pow diche aforesaid that there should be two Gotes made under the River in Welle for the drayning of the said fields which Gotes through the insufficiency of the Sewer called Rightforth lode extending to the great River have oft overflown and surrounded and almost every winter do overflow divers Lands Tenements and Commons in UUelle and Stow-Bardolf and much damnifie the Old Powdich to the great and inestimable hurt of the Lands Tenements and Commons within the Salvation aforesaid Wherefore it was decreed by certain Commissioners that if the Lands and Tenements that way drayning do not sufficiently keep the said Sewer that the water be kept within the Bay so that the Lands within the Salvation of the said New Powdich may drayn into and by the said Sewer that then it shall bâ— lawfull to the Inhabitants of Marshland to stop up their said Gotes 11 Which Decree for that it is profitable for the said Hundred and for all other the premisses within the Salvation of the said Nâ—w Powdich we find that it is reasonable that it be ratified by the authority of this Commission of Sewers And further that it shall not be lawfull for any man to open the said Gotes or Gote before the water be fallen within the Bay so that all the premisses within the said Salvation of the said New Powdich may drayn and be sewed which lye on the South side of the Old Powdich upon pain to lose and forfeit for every such offence xl. to be levyed by any of the Dike-Reeves of Marshland or by so many of them as the said Country shall assign of the goods of every person or persons which shall open the same or their procurers or any of them towards and for the stopping of the said Gotes to the scouring of the said Sewer and to be bestowed upon the said Old Pow dich in equal proportions 12 Item they say that neither the Lord nor no Commoner shall feed any Beasts upon the said New Pow dich besides Sheep nor make any drift with Beasts upon the said Bank for inestimable hurt that may there be done upon pain of a peny for every load so driven or under the custody will or default of any keeper of any to be paid to the Dike-Reeves of the same Bank as oft as such offence is And that the Beasts there found feeding or driveÌ„ in maÌ„ner aforesaid except such as are excepted by the said Dyke-Reeves shall be distrained impounded and in pound to be kept while the owners of them shall pay the mony forfeited which shall be imployed upon the amendment of the said Bank so hurt by the drift of the said Beasts as appeareth by the Decree made then 13 Item they say and find that all the Lands c. on the South side of the said Old Pow dich and all other Lands in Welle on the West side of the River leading from Mill dam to Welle Church are saved from surrounding and do take great benefit by the New Pow diche aforesaid and therefore ought to be charged between the Priory of Mullycourt and Salters lode for their portion and profit thereby taking but are not whereby the Queens Majesties possessions and other possessions of the Country of Marshland are very much surcharged 14 Item they say that the Inhabitants of Marshland or any other that shall come to the said New Pow dich for the menuring making or repairing of the same or oversight thereof with their Carriages Horses or other things for the defence thereof ought not to be distrained or otherwise troubled by the Lords of the Fee oâ— their Ministers but that they may return in the ways meetest for them without amerciament or punishment and that way of punishment is reserved to the Lords of the Fee but Wayf Stray punishment for bloud-draught and for Hue and Cry and for taking of menure on the North side of the said Bank within fourty foot of the foot of the same Bank 15 And they say and find that the said Dyke or Bank is in defect for lack of height or bredth between the Priory of Mullycourt and North delf house in divers places of necessity defended viz. in the supposed charges of Emneth xi foot of Terington xxiij Rods of Walsoken viij Rods and a half of West-walton x Rods of Walpole xli Rods of Tylney xij Rods of Wigenhall iij Rods and xv Rods against the decayed messuage of North delf which ought to be kept by the said messuage-land to it belonging in widenesse and height equal to the said New Pow dich And from Northdelf to Salters lode in the like supposed charges of Enmeth iij Rode Walsoken xxii Walton xxxvi Walpole Lxx Teringtone Lxij West-Lynne vi Clenchwarton xvi Tylney xli Wigenhall Lx beâ—ides a certain other part likewise supposed
Fryday bridge did run and the Sluce at Welle River was stopt the waters in the Drayn rose over the Dam called the Stintings and Oldfield and so ran into Marshland For remedy whereof and that the Land-holders of Oldfield were at the making of the said Law tyed to no conditions of restraint or stopping which they then conceived fitting by reason the said UUaltersey drayne which was not before thought of ran within their field and did overflow the Banks and fill their Dikes with water which came into Marshland contrary to their Law and by reason that they in Summer time took in waters to fill their Dikes which they might spare to take if they would dike them and make watering places for their Cattel as Marshland did it was therefore ordered that the said Land-holders of Oldfield should passe and run their said waters therein under such conditions and with such cautions as by the Law of Sewers the Land-holders on the West side of Elme and Soâ—th side of Wysebeche did and not otherwise under and upon such pains and penalties as in that Law is contained The number of Acres in the several Towns of Marshland  Acres Rodes UUest lynne CCxlviij xij Clenchwarton xvC lx i. Tylney vM viiiC xi iij. Wigenhale iiiM viiiC xi iij. Terington iiiiM iiiC xxvi iij. Walpole iiiiM viiC xxvij  Walton iiM iiiiC xlv ii UUaâ—soken iiM viiC vxx i.  Emnetâ— Hawsted iiM ixC vi  Sum total in the Franchises and Geldable xxvii M viiC xxxix Acres  Sumin the Liberties viz. Terington Walpole Walsoken Walton Emneth xvM iiiiC xxvij Acres i Rode  Adde Tylney and Clenchwarton thereto xxiiM viiC xxxix Acres  An Agistment of the new Powdiche from Saltham lake by Mullycourt to Northdelfe â—ccording to the Books and Rolls of the Country containing iiiiC Lxiii Rode and ii Foot divided thus Emneth and Hawsted xli rode iii foot ii inches Walsoken Liii rode iii foot ii inches Walton xlvi rode xi foot Waâ—pole XC rode iiii foot vi inches Terington Lxxxii rode x foot x inches Clenchwarton xxix rode ix foot iii inches Tylnâ—y vxx xii rode x foot ix inches West Lynne v rode i foot Wigenhall iiixx xii rode xiii foot From Northdelfe to the hundred Acres charge are vxx xli rode vi foot iiij inches divided thus Emneth with Hawsted xlix rode viii foot i inch Walsoken iiixx iii rode xvi foot vi inches Walton Lvi rode i inch Walpole vxx viii rode vii foot ix inches Terâ—ngton iiiixx xix rode iiii foot ix inches Clencâ—warton xxxv rode ix foot xi inches Tyâ—neâ— vxx xv rode vi foot i inch West Lynne v rode viii foot xi inches Wigenhall iiiixx vii rode viii foot iii inches The old Powdich containing ........ Agiâ—ted thus  Rodes Foot Inches Emnâ—th and Hawâ—â—ed Lxvi viii iii. Waâ—â—â—kne iiiixx xviii xii viii Waâ—ton iiii â—â— vi viii v. Walpole viâ—x viii ix o. Terington viiâ—x xiii v. x. Clâ—nchwarton Lv. o iii. Tylneâ— xxx ix ii o. Wigenhale Cxv. ii ix Note that the true sum of this is viiC ix Rode xlix foot and iii inches Of which xlix if there be allowed xvi foot iiâ— inches to a Rode as is set down under Mr. Beaupre's hand then is the sum viiiC xii Rode and ix perches The little Powdich containing CCCxliii hath agisted thereon xxiiiM viiC iiiixx vii Acres and iii Rode every hundred Acres cometh to a Rode xi foot two inches a half and a Barley-corn which is the third part of an Inch. Agisted thus  Rods. Foot Inches Tylney iiiixx xvi xii o Clenchwarton xxv xiii vii Terington Lxxiii vi vii Walpole Lxxx. iiii o. Walton xli iiii o. Walsoken xlvii viii vi Emneth and Hawsted xxxvi viii ix The Ward dich from Wel gate to Sandyrood belonging to the Fraunchises with Tylney and Clenchwarton containing viiixx xviii rode xv foot Agisted thus  Rods. Foot Inches Tylney xliiii iii. o Clenchwarton xi x. o. Terington xxxii vi vi Walpole xxxv vi vi Walton xviii iiii vi Walsoken xâ— xiiii o. Emneth with Hawsted xvi ii vii Brokendike Agistment From Kyrkham lane to the turning against Mr. Blewick's containeth ....... Rode and is agisted iiiixx Rode from the middle of Mildam towards the house of the said Iohn Blewick To the which there is said Tilney Terington Walpole Walton Walsoken and Emneth containing xxiiM CC xxxix Acres So every Acre hath almost two inches Every thousand and iiiâ—x xii Rode v foot v inches and two Barly-corns iiM Cxxiiii Rode x foot xi inches and i corn iiiiM CC hath xlix Rode v foot x inches ii Barley-corns Every hundred and vi Acres hath a Rode iii foot ix inches Every Lxiii Acres hath ix foot x inches and a half  Rods. Foot Inches Tylney Lxviii ii o Terrington xlix xi x. Walpole Lv. vii vii Walton xxviii x. viii Walsoken xxxii x. viii Emneth and Hawsted xxv iiii iii. From Emneth bridge between the Town and the Smethe be xiiiiC xv Rodes which be thus divided  Rods. Foot Inch. Emneth with Hawsted Cxxx. viii o. Walsoken CLxviii xi o. Walton Cxlvii xi iii. Walpole CCLxxx vi ii iii. Terington CCLxi xiii vi Wigenhall CCxxxviii o. vii Tylney CCCLvi xv vi Clenchwarton iiiixx xiiii o viii West Lynne xv ii vi Drayns and Bridges lying within the precincts of the several Towns of Marshland Emneth A Drayn there belonging to certain Fields called Suffield and Haulsted extending from the common Sea dike called Emneth Sea dyke on the West part of the same Field and from thence to a place called the Styldes at which place the said Drayns do meet and from thence into the Fen. Which Drayns ought to be in bredth ix foot and in depth v foot Another Drayn belonging to Churchfield and Northfield extending from a place called Seadike-dole to a place called Knape more and from thence Eastwards towards Whicks brigg and so to Myd feder into the Smethe lode which is the common Drayn of all Marshland Another Drayn belonging to Newfield extending from Hallow crofts on the West and so to Ports bush on the East thence to Hawkyns brigge and so to Hungate dyke to a place called Nomans land corner and so into Smeth lode Bridges Over the first of these Drayns are three Bridges the one at a place called Lonhole the other at the end of the Drayn and the third between Ladyes drove and the great Drove of Emneth Another Bridge situate at the North stile of Emneth Another called Knapmore bridge set over Churchfield Drayn Another called Whicks bridge Another called Little Edge bridge Another called Hawkyns bridge lying over Newfield drayn Walsoken A Drayn there called the Maiâ—t Drayn extending from Holmes bridge on the North part of the Town to the common Sewer called Smethe lode Another Drayn on the South side of the Town beginning at Small lane in Larke lande and extending to a Bridge called Bronden bridge and so to Knapemore
bredth six foot and in depth three betwixt the land of Martin Thompson and the land of Iohn Mendham at the charges of the landholders who had benefit thereby And that another Sewer should be made in the same field in bredth six foot and in depth three betwixt the land of Iohn Rogerson and the land of Alice Pope at the charges of all those persons who had also benefit thereby And that there should be another Sewer made in Longefelde in Neutone of the like bredth and depth neer to the lands of Iohn Derby called Barowsdyke and betwixt the land of Simon Thomsone from Mil-lane to Medow-lane at the charges of all those who had Commodity thereby And that another Sewer ought to be made in the middle of the said field called Longfield from the land of Sir Iohn Colvyle Knight neer to the land of Iohn Godeknape unto the said next Sewer in bredth six foot and depth three at the charges of all persons having profit thereby And that all the hades of the lands of Fytton croftâ—s should be digged from Doddyke to Medow-lane in bredth eight foot and depth four at the costs likewise of those who had benefit thereby And that all the hades likewise of the lands of Fytton croftes should be digg'd in bredth eight foot and depth four from Lowynsfendike unto Doddys at the charges of those persons who should have benefit thereby And they presented moreover that there should be another Sewer made by the hades of the lands in the middle of Oldfield from Fdtton croftâ—s to the land of Sir Iohn Colevile Knight called Wortheynyscroft in bredth six foot and depth three at the costs of all such persons who should have Commodity thereby As also another Sewer at Wortheynyscroft on the South side unto Dod dyke six foot in bredth and four in depth at the costs likewise of such as should have profit thereby And they also presented that the Town of Neutone time out of mind ought and had wont to repair and make a certain Bank called Lowynsfendike beginning at Fytton and leading to Tyd Siddyke two foot higher than it was at that time in the best place and xij foot in bredth And that Iohn Symondeson of Neutone for the whole time aforesaid ought and had wont to make and maintain a certain Dam at the East end of the land in Newfield to restrain the water of the said Newfield from descending into the next field called Rolsefield And that the said Town of Neutone ought and had wont to make and repair a certain Bank in Neutone called the Gordyke beginning at Blokkyslane and leading to Shoffendyche in height six foot and in bredth twelve Whereupon the said Commissioners did decree accordingly And the said Jurors likewise presented that all the Landholders in Newfield in Tyd S. Giles ought and had used to make and repair one Crest in a certain field called Beeslane field in the same Town beginning at Tyd Syddike and extending to Brounesbrigge in height four foot and in bredth eight And that the Landholders in Southfelde in the same Town ought and had used to make and repair another Crest from Tyd Syd dyke to Brounesbrigge in height four fooâ— and bredth eight And that all the Landholders in Southfelde in the same Town beginning at the land of Iohn Houshold abutting upon a certain mansion called Beesplace unto Tyd Syd dyke ought and time out of mind had used to make one Crest upon Syd dyke beginning at Beeslane end and leading to Averey's crose in the same Town four foot in height and eight foot in bredth And that the Landholders in Southfelde aforesaid of the lands abutting upon Brod gate ought and did use to repair and make one Crest neer to the common Sewer on the South side in height four foot and in bredth eight And that all the Landholders in Bradeste of the lands abutting upon Hascroft lane towards the West ought and had used for the whole time aforesaid to make and repair a certain Sewer beginning at the Sewer next unto the land called Stokwellesland unto Brossebrygge in bredth eight foot and depth four And they likewise presented that all the Landholders of the lands in Halcrofte for the whole time aforesaid ought and had wont to make and repair sufficiently the common Sewers in Halcrofte unto Welmany flete thwarting the High way called Crosse-gate and so by the land lately belonging to Thomas Retherwyk and Iohn Mayner unto the land lately belonging to Iohn Bee but then to Iohn Hunstone and so betwixt the land of the said Iohn Hunstone and Isabell Retherwyk unto Sondy lane and there to make one Bridge of one foot in bredth and asmuch in depth and so betwixt the land of Iohn Lambard and the land late of Geffrey Cosyn unto Sedyk lane and the land of a certain field called Blohevede unto the Floudgates And that all the Landholders in Edykfelde from Blakeslane to Mosselane abutting upon Edyke ought and did use to make and repair a certain Sewer at the North point of the lands of Edykfelde aforesaid in bredth eight foot and depth four And they also presented that all the Landholders in Edykfelde ought and had used to make one Sewer at the North end of the lands of Edykfelde aforesaid abutting upon Edyke from Blakkeslane to Barrowsgrene in bredth eight foot and depth four so that the fresh water might have its course to Blakkeslane unto the great Sewer and so the Sea And that all the Landholders in Hornefeld ought and had used to make and repair one Crest in Brodgate in Tyd S. Giles on the South part of the Sewer called Marteynesfendyk unto the Corner where Will. Hubert then dwelt in height four â—oot and bredth ten And that all the Landholders in Cokley field ought and had used to make and repair one Crest in Botteleslane from Bottelesbrigge to the Ee dyke in height four foot and bredth twelve And that all the Landholders in Fendykfelde and North lane feld ought and did use to make and repair one Crest in Blake lane in Tyd aforesaid from Bottelesbrigge unto Tubbesbrigge and from the land of Iohn Ingleche unto Ee dyke in height four foot and bredth eight And that all the Landholders of the lands in Carrowfelde abutting upon Ee gatâ— from Gotebrigge to Northlane ought and had wont to make and raise one Crest in Eegate in Tyd aforesaid where need should be in height four foot and in bredth twelve And that all the Landholders in Tyd aforesaid did use and ought to raise and make one Bank called Byshopesdyke from Tubbesbrigge unto the Ee dyke in height four foot and in bredth twelve And they moreover presented that the Town of Tyd S. Giles ought and had used time out of mind to make and repair sufficiently one Clow or one Dam in the Common Sewer of Tyd next to the Land of Simon Canchâ—ne and Hascroft lane on the West-part and another Clow or one Dam in the
common Sewer at Brownesbrigge and another Clow or one Dam in the Common Sewer at Wâ—singhambrigge and another at Boteleslane brigge and another at Tubbesbrigge so also one in each of the Common Sewers at Mannyngesbrigge Beeslane brigge and Stonebrigge in Kirklane And that the said Town of Tyd ought also and did use to make repair and mantain sufficiently two Banks called Wardyches in Tyd aforesaid viz. the Syd dyke and Thre dike beginning at Avereys trees in Tyd aforesaid and extending to the New fen dyke in the same Town higher by six foot than they were at that time in the best place and in bredth twelve And that the said Town of Tyd ought to raiseâ— maintain and repair sufficiently one Bank called Marteynesfendike in Tyd aforesaid beginning at Avereys trees and leading to Wesynham brigge in the same Town six foot higher than it was at that present in the best place and in bredth xij foot Whereupon the before-specified Commissioners decreed that the said Sewers and Banks should be made and raised accordingly And they likewise for the better safeguard of the said Town of Tyd did decree and ordain that a new Sewer should be made from Brownysbrigge unto Kirklane on the North side of Newgate in bredth ten foot and in depth as much as needed so that the Rivers of Elâ—tesfeld Fendykefeld Cokeleyfeld Hornefeld and Rylondfeld might have their course to the House somtime belonging to Will. Noche but then to Will. Hobart on the North part of Brodgate and so thwarting the Broadgate unto Brownesbrigge aforesaid on the South side of Brodgate and so unto the said new Sewer and then crossing Kirklane where a fitting Bridge of bredth and depth convenient was to be made and so by the hades of the Lands of Somerleswe abutting on Kirklane towards the West unto Thorgereslane and so by Thorgereslane on the North side unto Hastcroft dyke neer to Thesâ—ill brigge and from Thestely brigge unto the end of Thorgaresâ—ane unto Hascrost mylle hylle thwarting Hascroft dyke and so to the antient Sewer called Brossebrigge and so to the Sea which Sewer was to be made by all the Landholders of the Town of Tyd aforesaid And that the two Sewers on each side Brodgate and Kirkgate from the House of Will. Hobert and Brownesbrigge should be stopt up when need required And that one Sewer should be repaired and digged on the South part of Southgrafte feld neer to the Syddyke viz. from Childesgrave unto the Gorys and so to Theâ—tely brigge eight foot in bredth and as deep as needed by all the Landholders in Southgrafte feld aforesaid And that all the hade Lands of Southgrafte feld aforesaid towards Thorgaresâ—ane should be stopt by the Landholders there upon penalty of xxs. for every of them to be paid to the Bishop of Ely for the time being so that the water of Southgrafte feld aforesaid might have its course to the Sea without any impediment And that every man having Lands or Tenements in Tyd aforesaid might take Earth to repair and make the Shoffen dyke from the Common next to the River which is in Tyd aforesaid and Tyd S. Maries which is the division betwixt Cambridgshire and Lincolnshire And that the said Shoffendyke should be barred in three places to prevent Carts from coming thereon and that a certain way in Tyd aforesaid called Beeâ—lane should likewise be barred for the same respect from the Feast of S. Michael the Arch angel unto the Feast of S. Peter ad vincula by the Landholders in Newfelde And they lastly presented that Thomas Floure of Okham in the County of Roteland ought to repair and maintain upon the Bank called Wisebeche Fendyche a certain proportion containing six hundred foot in respect of xxiiij acres of land in Wisebeche and that upon Monday the Feast of S. Wolstan the Bâ—shop and Confessor in the seventeenth year of the said King Henry the sixt his reign the same portion of that Bank was broken and decayed and that the Dike Reeves aforesaid did warn the said Thomas to amend the same which he refusing to do the fresh waters made the said breach greater whereby the portions of the same Bank belonging to Geffrey Lambard and others adjoyning thereto were also broke and ruined to the danger of destroying the whole Country MMMMCCCC acres in Wisebeche MMMMDC acres in Leverington MCCCC acres in Neutone and MM. acres in Tyd being thereby at that time overflowed and drowned Not long after this viz. upon Saturday next before the Feast of the Nativity of the blessed Virgin in 17 H. 6. there was a Session of Sewers held at Wisebeche by Sir Iohn Colevile Knight Gilbert Haltoft and others at which time the Jurors presented upon their Oaths that there was a certain Sewer called South Ee but antiently Old Ee whereby the water of Nene and Weland ought to passe from Noman's land in Croyland unto Dowesdale in the same Town and thence by South Ee dyke unto the East end of the field of Throkenold in Leverington neer the Crosse in Leverington and thence into the Sewer called Fendiche in Leverington and Wisebeche unto the River of Wisebeche at Guyhirne Which Sewer of South Ee aforesaid is the division betwixt Lincolnshire and Cambridgshire And that the moytie of the said Sewer ought to be scoured by the Abbot of Crouland and the Towns of Quaplode Hotheche Fleete Gedney Sutton and Tyd S. Maries in Lincolnshire viz. by the said Abbot to Dowesdale aforesaid and thence by each village aforesaid for their proportions of land in each Town And the other moytie by the Abbot of Thorney and Bishop of Ely with his Tenants of Wisebeche Hundred viz. by the said Abbot for his Fens in Thorney and Leverington bordering upon the same Sewer and by the said Bishop and his Tenants for their Fen called Wisebeche fen in Cambridgshire abutting upon the said Sewer And the said Sewer called Fendiche ought to be clensed by the Towns of Wisebeche Leverinton Neuton and Tyd S. Giles And that the said moytie of that Sewer which ought to be scoured by the said Towns of Quaplode Holbeche Fleete Gedney Sutton Tyd S. Maries was not clensed but stopt up and filled with Reeds Haffs and other Vegetables so that the said water could not have its right course unto the said Sewer called Fendiche and thence to the River of Wisebeche and so to the Sea as it used to have whereby the whole Fen called Wisebeche fen belonging to the Bishop of Ely was drowned so that the said Bishop and his Tenants of Wisebeche Hundred could not receive any benefit in the same And they likewise presented that one part of the water of Nene descended from the Bridge at Peterborough unto Thorney barre aforesaid thence to Noman's land in Croyland Which River the Abbots of Peterborough and Thorney ought to clense from the said Bridge at Peterborough unto Thorney bart aforesaid and thence to Noman's land aforesaid viz. the Abbot of Peterborough the
one half and the Abbot of Thorney the other And they said that the other part of Nene which passeth from Peterborough bridge aforesaid unto Wodeshed in Wytlesey thence to Wittleseybrigge thence by Wittlesey to Wardiscote in Wittlesey and thence into the great River of Wisebeche ought to be scoured from the said Wodeshed to Wardysgote aforesaid by the Town of UUittlesey and the Landholders late Pavy's in March and that it was not then clensed And they said that the Town of UUittlesey ought to clense one Sewer beginning at Goose UUillow drove in UUitlesey unto the North part of Adernale in the same Town and thence to Brodreche in UUisebeche called Upstanlake and that it was not clensed And that the Bishop of Ely ought to clense the said Upstavinlake unto the great River of UUisebeche which was not then done In 9 E. 4. W. Bishop of Ely George Duke of Clarence Richard Earl of UUarwick and Salisbury Iohn Earl of Northumberland Iohn Earl of Oxford Humfrey Bourchier Lord Cromwell Iohn Catesby Will. Ienny Thomas Grey Roger Tounsende Henry Spilman Thomas Daniel and others were constituted Commissioners for to view the Banks Ditches Sewers c. of Marshland Upwelle and Outwelle and of other Towns and Fens by the water which goeth from Erith brigge directly to Benwyke thence to Paddok mere thence to Farset brigge thence to Standground and so to Muscote and from Muscote to Thorney mille and Godelakcrosse by Noman's land and thence to Dowysdale and so to Clowecrosse thence to Wylowedyke thence to Edgreynes thence to Tydegote and thence to the Sea And to make Statutes and Ordinances for the repair of them according to the Laws and constitutions of this Realm and the Statutes of Romeney marsh As also to imprest such and so many Diggers and other Labourers to be imployed in those Works as they should deem necessary for the expedition thereof The like Commission w had they for the view and repair of those in the Marshes betwixt the water running from Erith brigge aforesaid by Ely to Salterslode and Wigenall to Bishops Lenne and the water passing from the same Bridge at Erith by Benwick Gretecrosse and Wyssebeche to the Sea About this time I suppose it to be for it is without date that the Landholders of Pokediche field in Welle exhibited a Petition to the Lords and Commoners of Marshland shewing that the said Field was agisted for its number of acres in as high a measure towards the repair of the Bank called Pokediche for the safeguard of that Country as any part thereof which lay within the precinct of that Bank and that the water of Pokediche did so overflow the same field that they could not dig earth upon occasion for repair of the before-specified Bank and therefore desired that they might drayn the same by a Sewer through the said Bank into Marshland in such a place where it would be of least damage thereto Whereupon they were allowed to have a certain Clow neer Thwart medows for that purpose In 20 H. 8. at a Session of Sewers held at Stuntney in the Isle of Ely by Sir Thomas Knight Tho. Dereham Iohn Fincham and others there was a Presentment then made by the Jurors of all the Sewers at that time in being within this part of the Countrey instancing to whom the repair of each belonged the tenor whereof I shall here insert The Bishop of Ely ought to scour Crekelode extending from the great stream towards Sotherey unto the Willough by the space of two furlongs And from the said Willough to Pulverlake the Cellerar of Bury hath an half part against all others for the space of a mile and more From the said Willough also to Pulverlake the Prior of Modney hath a share So likewise the Prior of Norwich for the Church of Fordham and the Parson of Helgay for the Church of Helgay And the Landholders late Massingham's and Bekeswell's ought to clense the same against the Cellerar of Bury from the said Willough to Pulverlake Which Cellerar of Bury hath also an half part in the middle of this lode against all others for two miles The Abbot of Ramsey ought to scour the Sewer called Balkwere abutting upon Gnat lode for one quarter of a mile And the Prior of Norwich the Rector of Helgay with the Tenants of the lands late Massingham's and Bekeswell's ought to repair the same unto the four Lodes end In Crekelode also Thomas Boteler of Helgay ought to scour a place called Hogges middle for the length of one furlong And the Duke of Gloucester one part in Gretwere a part of the said Crekelode for the length of a mile against all others And another part there for half a mile the Prior of Castelacre Abbot of Wendling and the Tenants of those lands late Bekeswell's Sheting middil in Crekelode ought to be clensed by the said Cellerar of Bury for the space of one mile and more Chutting in Crekelode by the Duke of Glouc. for half a furlong and more Strem middil by the Cellerar of Bury for one mile In Ung medil the Prior of Modney holdeth one part by the space of two furlongs against the Prior of Chetford Iohn Ashfield and the Abbor of Ramsey for the lands late Nich. Gunnes The same Iohn Ashfield holdeth one part in Lodwere in Creklode aforesaid for two furlongs In Bullinger the Prior of Modney holdeth half a part for two furlongs and more against the Abbot of Ramsey The said Prior of Modney and the Tenants of the Lands late Massingham's ought to clense all Gredy middil for one mile The Prior of Chetford ought to scour Iellis middil for the space of one mile The Town of Lyttilport the Widow of Nich. Orme and the Earl of Worcester ought to clense Newdike unto Welney court for one mile Criklode in March beginneth at the Great Ee betwixt March and Welle and goeth on directly to Elme containing by estimation six miles and ought to be scoured by the Bishop of Ely and Abbot of Bury equally Gnat lode beginneth at Hawkyns bytte and continueth to four lodes end containing by estimation three miles and ought to be scoured by the Towns of Elme and Littilport Small lode betwixt Welle and Outwelle ought to be clensed by the Abbot of Dereham from the great River in Welle to Ingram's hirne by the space of three quarters of a mile Another part in the said Smal lode from Ingram's hirne to Seman's gole containing one mile the Abbot of Ramsey and Iohn Aylesham ought jointly to clense Maidlode beginneth at Welneywater and continueth to Sheppe lode and thence to Sheppeslodes end which ought to be clensed by Richard Cranford and Clarice late Wife of Iohn Cranforth by the space of one furlong and by the Town of Upwell for the Lands of Mr. Will. Dunthorne by the space of one mile and for another mile and more by the Town of Welle Shiplode ought to be clensed by Iohn Sambroke for half a mile by
Church of Helgay the Landholders late Massingham's and the Landholders late Bexwell's ought to dyke the said Sewer against the late Landholders of the Cellerer of Bury from the said Willow unto Pulverlake And they said that the Landholders of the late Cellerer of Bury ought to dike the one half of the said Sewer in a certain place called the Middyl in Creeklode against all men by the space of two miles The said Landholders of the Lands belonging to Ramsey ought to dyke a certain place called Balkwere abutting upon Gnatlode by the space of a quarter of a mile The Dean of Norwich the Parson of Helgay the Landholders of Massingham's and the Landholders late Bexwell's ought to dyke the said Sewer unto four lodes end The Heirs of Tho. Butler of Helgay ought to dyke a certain place in the said Sewer called Hogges myddle by the space of one furlong The King for Lands somtimes the Duke of Gloucester's ought to dike at a certain place called the great Were against all men by the space of a mile The Landholders of the late Monasteries of Castleacre and Wendlyng and the Landholders late Bexwell's ought to dyke the other part of the said Sewers against the King for the space of a mile Then the Landholders late belonging to the said Celerer of Bury ought to make a Shetting middyl in the said Sewer by the space of a mile and more The King for Lands somtime the Duke of Gloucester's ought to dyke a certain place called Chattyngs in the said Sewer by the space of half a furlong and more And the Landholders late belonging to the said Celerer of Bury ought to dyke a certain place in the said Sewer called Stream middyl by the space of a mile and then the Landholders of the late Priory of Modney ought to dyke the one half of Unge medyl in the said Sewer by the space of two furlongs against the Landholders of the late Monastery of Thetford The Heirs of Iohn Ashfeild the Landholders of the late Monastery of Ramsey somtime Nicholas Gunne's ought to dyke the said Sewer against the said Landholders of the late Priory of Modney And the Landholders late Iohn Ashfeild's ought to dyke at a certain place in the said Sewer called Lod were by the space of two furlongs The Landholders of the late Monastery of Thetford and the Landholders late Iohn Champayne ought to make the other part by the space of two furlongs The Landholders of the late Priory of Modney ought to make the one half of a certain place in the said Sewer called Bullings against the Landholders of the late Monastery of Ramsey by the space of two furlongs and more And the Landholders of the said late Priory of Modney and Massingham's ought to dyke the said Sewer called Credy-middyl by the space of one furlong The Landholders of the late Monastery of Thetford ought to dyke in the said Sewer called Iolles-middyl by the space of a mile The Township of Litilport the Landholders sometime called Nicholas Orme and the Earl of Worcester ought to dyke the said Sewer called New dyke unto the said South branch called Welney water by the space of a mile And that the persons chargable with the making scouring c. of these Sewers shall have the Fishings so far as they are so charged Also they said that there is another occasion of the drowning of the said Marish and Pasture grounds and of the whole Country of Marshland which is the decay of a certain River parcell of the North branch extending from Shrewysnest poynt unto Outwellsholl the which decay beginneth at a certain place in Outwell aforesaid called Saltham lake and extendeth to a place in Downham called North delf and so to Salters lode The which River ought to be in bredth in the narrowest place of the Chanel xxiiij foot and of convenient depth And of the bredth and depth aforesaid by the Inhabitants of Marshland and Wygenall from the said place called Salthamlake unto Salter's lode And they said that there is a certain Bank before remembred called the New Powdich set in Outwell and Downham aforesaid on the East and North part of the same River aswell for the safeguard of certain low grounds in Downham Outwell Wimbotesham and Stow Bardolf aforesaid as also of the whole Country of Marshland and Wygenall for and against the abundance of fresh waters descending to and against the same bank the which Bank beginneth at the South end of the Parish of Outwell aforesaid and extendeth South Eastward unto Mullycourt drove thence to Saltham lake thence to North delf in Dounham and thence to Salters lode and adjoyneth in part thereof to the East side of the said River and in part to the North side thereof Which Bank by all the limits thereof ought to be in bredth in the foundation xviii foot at the least and in the top xii foot And in height from the plain ground unto the top thereof from the said Saltham lake unto Northdelph six foot of lawfull measure and from North delf unto Salters lode in height five foot of like measure And they said that the Landholders of those lands in Outwell aforesaid in certain fields in the same Town called Mutlycourt field Sandy field Out-Sandy field alias Blewick field and Powdich field ought to maintain the said Bank from the Towns end of Outwell unto Mullycourt drove at their costs And the Dean of Ely for the said late Priory of Mullycourt from Mullycourt drove unto Saltham lake And the Inhabitants of Marshland and Wygenhall from the said Saltham lake unto North delph and from thence unto Salters lode c. And they said that the decay of the said Bank hath grown most especially by reason that the Earth taken for the repairing thereof hath been dyked and cast from the foot of the said Bank whereas by the antient Ordinances it hath been appointed to be taken on the South part and West part of the said River adjoyning to the said Bank in time of Summer and in the Winter upon great necessity the Country of Marshland and Wygenhall to take their manure in the common Fenns of Outwell and Dounham on the East part and North part of the said Bank in distance xl foot from the same And they said that there is another Bank extending from Salters lode aforesaid unto Dounham brigge and thence unto Stow Bardolf houses and so by the same Houses to Staple were in Stow Bardolf aforesaid made for the defence of the several and common grounds and Marishes of Dounham Wimbottesham and Stow Bardolf for and against the Floud and Spring waters coming out and from the North Seas at King's Lynne aforesaid the which Bank viz. from Salters lode to Dounham Bridge ought to be in bredth in the foundation xviii foot and on the top xii foot and in sufficient height for the defence of the floud And that the Inhabitants of Dounham ought to repair the said Bank from Salters lode
Outwell Shâ—ll unto North Delph And in like manner under the said Bank called the New Pow diche and from thence in a Sewer for the waters of both the said Fields called Plawfield and Kirkfield by and through the Common of Outwell aforesaid called Mullycourt Drove and so forth in the same Sewer or Drayn unto a certain place called the Sumptes against the Meadow of the said Edmond Beaupre called Galcroft and from thence unto a certain Bridge called Angle brigge in the Common of Outwell aforesaid And from thence unto a certain Sallow ground of the said Edm. Beaupre called Hodg hirne and there to enter into Rightforth lode which Lode beginneth at the South Corner of Hodges hirne aforesaid and extendeth from thence between the Common Drove of Outwell on the one part and the Marish and Fenn of the Earl of Arundell called Bardolf fenn on the other unto the North Corner of Hodges hirne And thence right forth between the Marishes and Fenns of the said Earl on both sides unto a certain place in Stow Bardolf aforesaid called North hooke and thence directly in a Drayn to Stow bridge in Stow Bardolph aforesaid and there through a Sluce of Stone and Timber into the great River of Ouse Also they said that for the safety of the field called Budbech field in Upwell and Outwell there ought to be made a Drayn by the Landholders of the same Field from a certain place in Upwell called Dod's style by divers heddings unto Pyes drove in Upwell aforesaid and there to enter into a Pipe or Gote of stone under the same Drove and from thence directly in a Dike between the Drove called Mayers drove of th' one part and the Lands of the said Rob. Dannet the Lands of the King as in the right of the said Monastery of West Dereham the Lands of the Dean of Ely and the Lands of Iohn Fyncham Gent. the Lands of the Heirs of Anth. Croftes the Lands of the Heirs of Edm. Chatterys the Lands of Iohn Coney the Lands of Reynold Hilbrond the Lands belonging to the Parsonage of Outwell and the Lands of the Heirs of Croftes and the Lands of the said Ric. Fyncham on th' other part and so in a Dike unto the Lands of the said Iohn Fyncham and then in a Dike between the Lands of the said Iohn on th' one part and divers men on th' other part unto the Yard stead of the said Iohn somtime Thomas Hollows of Outwell aforesaid and there to be made a Dam between the said Lands and the Lands of Iohn Coney And from thence in a Dike between the Lands of the said Iohn Fyncham unto the front of the said Iohn in Owtwell aforesaid and there to enter into a Pipe or Sluce of stone and Timber under the same front and also in the same Sluce under a certain River in Outwell aforesaid called the Little lode the which River divideth the said Counties of Norff. and Cambridgshire and so forth in the same Pipe into the said Field called Sandyfield and thence in a Drayn between the Lands of the said Edm. Beaupre called Reynolds of the one part and the Lands of the said Iohn Fincham on the other unto a certain pasture ground of the said Edm. Beaupre called the Upward and so in a Dike between the Lands of the said Edmund on both sides unto a certain pasture of the said Edm. called the xx Acres and there to enter into a Pipe or gote of Stone laid between the Lands of the said Edm. on both parts and from thence into a Drayn or Sewer by or through the grounds of the said Edmund unto a certain gysted Dike of the said Edmund called Blewick dike and there to enter into a Pipe or Sluce of Stone under the same Dike and then into a Drayn or Sewer aswell for the waters of the said Sondyfield as for the waters of the said Field called Budbech field and from thence in the same Sewer for both the said Fields called Budbeche and Sondy field by and through the Common of Outwell called Blewick fen unto the said place called Hodges Hirne and there meeting with the said Drayn for the said Fields called Plawfield and Kirk field to pass forth with the same by and through the said Sewer called Rightforth lode by and through Bardolf fen unto North hooke aforesaid and from thence unto the Pipe or Sluce at Stow bridge aforesaid and by and through the same into the great River of Ouse And they said that the said Drayn for Plawfield aforesaid ought to be in bredth from the said place where it beginneth unto the said Sluce lying under Small lode 8. foot and from the said Sluce by all the said Drayn unto Hodges hirne 8. foot and from thence unto Rightforth lode at a place called Hodges hirne 8. foot wide And the said Sewer for Budbech field to be in bredth from the said place where it beginneth unto the Pipe under the little lode in Outwell aforesaid 7 foot And from thence unto the said Sluce lying under the said Blewick dyke 7 foot And from thence unto Rightforth lode to be in bredth in the narrowest place of the same xij foot and so to Stow bridge and that they be made of depth according to the wideness All which Sewers and Drayns to be kept and maintained at the charges of all and every person chargable to the making of them After this viz. in 13 Eliz. at another Session of Sewers it was presented by the Jurors scil 1. That the Sea-bank beginning at Tyd gote in Tyd S. Giles adjoyning upon the County of Linc. and so leading to a place called the Horshooe being in great decay be made in height xx foot above the Saltmarsh and in bredth six foot by the Inhabitants of Tyd Newton and Leverington And from the Horshoâ—e unto Crabmarsh gate of the same bredth and height by all the Lands in Estfield And thence to the Sluce of Wisbeche Which Bank from Crabmersh gate was decayed in Bishop Goodrick's time and part thereof carried by the â—onsent of the said Bishop for the pavement of the Market place in Wisbeche and part by Mr. William Blomfield for making of a Windmill there 2 That the Bank called Whymeydike beginning at the Sea bank end at the Horshooe in Leverington ought to be made unto Coxe corner in Wisbeche above the brink of the water xx foot and in bredth 8 foot And from Coxe Corner the old Market of Wisbeche the Ee banke to Newdike end alias Lentshurne beyond Bevys Hall on the North side and West side of the said Rivâ—r to be made in height xii foot and bredth xvi foot by all the Landholders on the North of Wysbeche And that Newdike from Lyntyshirne unto the farther Crosse at Guyhirne be made in height xvi foot and in bredth xii foot by the said Landholders on the North of Wysbeche 3 That the High Fendike beginning at Guyhirne crosse and so leading to
Pigs drove and Clows crosse to be made xi foot in height and xii in bredth by all the Landholders of the North side of Wysbeche and Leverington taking menure for the same at liberty and paying for every Rode of menure in length and bredth xvi foot and in depth 8 foot xvid. to the owner of the land 4. That Shofendyke otherwise called Harhold beginning at Clows crosse and extending to Goredyke in Newton be made in height 8 foot by all the Landholders in Leverington And from Gore dike to Tyd thredding in height and bredth as aforesaid by all the Landholders in Newton And from thence to Eegraynes in Tyd S. Giles in like sort by the Landholders in Tyd S. Giles 5. That the Conies be destroyed which do hurt to the Sea-bank beginning at Tyd gote and extending to Wysbeche Sluce 6 That a Crest be made from Fytton bridg against the gole in Leverington by the Landholders on the North of Wisbeche to keep the water within the Bay 6 That the Landholders in Iuly field make a Crest in Orech alias Mouth drove from the great River unto Black dyke in height six foot and bredth 8. 7. And that the Dean of Ely and Lord Berkley make a Crest in Tholomer's drove beginning at the Fendyke and reaching to Tholomers in height and bredth aforesaid 8. That the Landholders in Guyhirnfield do make a Crest from Blak-dike to Marytts brigge of the like bredth and height And from Maryts brigge to George Ramsey's house Corner on the East part of the Sewer to be made by the Landholders of Guyhirne field From Marytts bridg to Tholomers of the West side by William Butcher for his lands in Calves field so far as his lands do extend and the residue by the Inhabitants of Tholomer's drove From Guyhirn Crosse to Blakdyke end by the Landholders in Guyhirn field From Blakdike end to Mouth drove by the Landholders of Iuley field And from Mouth drove to Sondy dike alias Sorrâ—ll dike by the Landholders in Rummers field all of the like bredth and height 9 That the Landholders of Munthforth field make a Crest from George Ramsey's corner to Dods brigge Thence to Riche's stow to be made by the Landholders of Guyhirnfield William Butcher for Calves field and Munforth field From Riches stow to Belymyll brigg on the West side of the Sewer the Landholders of Richey field in height 4 foot and bredth 8. 10 That Tho. Gardner the heirs of Henry Repps Esquire the heirs of Laurence Cade and Agnes Talbot with their Coparceners do make a Crest in Ratrow from Tholomers drove unto Ratrow brigg in height 4 foot and bredth 8. 11 That the Lodebrinke in Murrow from Priors brigg to Mill lane end be made by the Tenants of the Dean of Ely Thence to Houshold brigg by the said Mr. Repps and Tho. Gardner and their Coparceners Thence to Belly myll brigg by the Landholders in Richey field in height six foot and in bredth 8. 12 That the Landholders in Willake and Munforth field make a Crest in Galles drove from Dods brigg unto Black dyke in height 4. foot and in bredth eight 13. That the Heirs of Talbot do make a Crest in Mampasse from Dodsbrigg on the South side the Common Sewer unto the East end of his Pasture of the like height and bredth 14 That Mil lane from Tholomers drove and reaching to Mill lane end to the Pipe in the Drove be made in height four foot and in bredth eight foot by the Dean of Ely and Lord Berkley 15 That the lands between Sorrel dyke and Bellymill dike from Belly mill unto Newdike otherwise called Sandy dike do make Sorrell dyke and Bely mill dike in height 6 foot and bredth 8 foot 16 That the Landholders in Sayrfield make a Crest in Wallys gate from Bellymill brigg unto Cheyneybrigg otherwise called Robbins brigg in height six foot and in bredth 8 foot 17. That the Crest beginning at Sorrel dyke and extending to the Church stile at S. Maryes ought to be made by the Lands lying between Newdrove and the said Crest in height 6. foot and bredth 8. 18. That the Landholders in Nymans dole make a Crest in a drove called Kilne house dike from Pigs drove to Cheyney brigg in height 6. foot and bredth 8. 19. The Bevys dike from Pig 's drove to Bevys crosse be made by the Landholders of Inhamfield and Newfield in height and bredth as aforesaid 20. That Newdrove be made by the Landholders of Newfield from Sorrels dike unto Bevys dike 4. foot high and 8. foot broad 21. That the Landholders in Hirnfield make a Crest in Fleming's drove from Bevys drove to Bowman's drove in like sort 22. That the Landholders in Longland make a Crest in Bowman's drove from Bowman's Crosse to Fleming's droves end in height 6. foot and in bredth 8. 23. That the Landholders in Briggefield on the North of the River make a Crest in Newfield drove unto Long drove end in like sort 24. That the Landholders of Fen-land make a Crest in Mill lane from the great River unto Barton lane in like height 25. That the Landholders in Harvey field make a Crest in Faulle lane from the great River unto Mill lane in like height and bredth 26. That the Landholders in Whitemathes from Barton cros alias Barton lane unto Wisbeche lode running to Callows bridg ought to make a Drove called Giggs drove in height 4. foot and bredth 8. 27. That the Landholders of Nyman's dole make a Crest from Barton Crosse unto Barret's Brigge in height and bredth as aforesaid 28. That the Landholders in Flatmore make a Crest in Netledyke lake from Leonards pipe unto Barton lane of the like height and bredth 21. That the Landholders of Gybesholme and all the Lands between Barton lane and Pycks make a Crest in Barton lane from the great River unto Gydges dike in height 4 foot and bredth xij 22 That the Landholders in Sondylond make a Crest in Pickards lane and Mill lane from Mill lane end unto the Dike between Leverington and Wisbeche in height six foot and bredth xvij 23. That vii acres called Gallow land make a Crest from Spittle Crosse uuto Whynney dike in height 6 foot and in bredth xii 24. That the Lowfieâ—ds on the North side of the River of Wisbeche from the Fendike to Bellymil dike shall scour the Lode from Belly mill to the nine hundred Briggs as need requireth and thence to Evildike brigg the nine hundreth to be Contributers And from Evysdike to the 4 gotes all the lands on the North side the River every man according to what he holdeth 25 That a Close Shut be made at Leonards pipe by the Landholders of the next fields Another at Evysdike brigge by the Landholders of the nine Hundreds to keep the water from running into the Low fields 26 That all Weres and Stampes from Guyhirne to Clows-crosse or elswhere within any part of the Fenn be xxiiij foot in
the Were and the dore and wider if need be so that no water be stopped or straightned 27 And from Clows Crosse unto the Northwest corner of Troknold in the river called Old Ee alias South Ee the one half of the said river to be clensed by the Landholders of Troknold and the other by those of Tyd S. Maries and Sutton and from Troknold field unto Marysh cote the one half to be clensed by the Bishop of Ely and his Tenants and the other by the Landholders of Sutton and Gedney it being the division betwixt Cambridgshire and Lincolnshire 28. That Guyhirne gole be stopped 29 That the Sewer called the New leame from Knar lake to Stanground being so grown up that no water can passe in dry years to the utter decay of Wisbeche river be diked 30 foot wide and 6 foot deep 30. That the Landholders of Wisbeche do make a Shut at Fytton brdg within the Town of Newton to stop the water when need shall be 31. That all the lands in Wisbeche on the North side the River ought to clense the high lode of Wisbeche from the 4 gotes to Eydikes brigge in Leverington in bredth xii foot and depth four and repair seven Bridges in the Town of Newton 32. That the great River of Wisbeche being greatly decayed raised and filted up by reason of the flowing and ebbing of the salt water for preservation therefore of the whole Hundred that a Sluse be made in the said River at the Horshoo in Leverington at the charge of all the Hundred of Wisbeche or any other place that shall take profit by it and to be made in bredth Lx foot and depth x foot from Guyhirne to the Sea 33. Also that there be two new rivers cast of each side of the said great river of Wisbeche the one to begin at Guy hirne Crosse and to extend to Kentoun's Corner the other at Tower house and to extend unto Kekys mill which rivers to be xv foot wide apeice and six foot deep and this to be done by the whole Hundred of Wisbeche 34. And that for the better preservation of the high Fen dike and the Countrey the Townships of Newton and Tyd S. Giles shall as oft as by any outragious tempests and waters it shall be in danger rise and come to give their attendance with the Townships of Wisbeche and Leverington to watch for the preservation of the same 35 That a Dam be made in the Lode at Hobs house to the end that by the stopping thereof in dry years the waâ—er may the better descend into the great river Leverington 36. That a Crest be made from Fytton bridge against the gole in Leverington by the Landholders on the North of UUysbeche that the water may run within the Bay 37. And that the heirs of Richard Everard Esquire shall maintain a dam in the xl acres lying between the lands late Geffrey Norman's and the heirs of the said Mr. Everard to keep out the gool water from drowning of Parkfield and UUratfield 38. That the Landholders of Harpfield and Sherefield in Leverington make a Crest in a place called two Lanes beginning at Shofendyke and leading to Blacklane in height 6 foot and in bredth 8. 39 That the Landholders in Southingham in Leverington make a dike called Overdyke beginning at Bellmylne Briggs and leading to Parson drove end and thence to Meysbrigge by the Landholders of Northinham And from thence to Blacklanffield otherwise called Lady outgote by the Landholders of Fenhalfield and thence unto Bond 's gote by the Landholders of Blacklanefield in height 6 foot and bredth xii 40. That the Landholders of Rymersfild in Leverington make a Crest in Pokle beginning at South-gate and so leading unto Birds drove in height six foot and bredth eight foot 41. That the Landholders of Newfield in Leverington make and repair a Crest in Alinne drove beginning at Bird's drove and so leading to Newfield pipe in height six footâ— and bredth 8. 42. That the Landholders of Pokefield make a Crest in Mill lane beginning at South gate and so leading to the Pipe at Birds drove in height six foot and in bredth 8 foot 43. That the Landholders of Richmund field make a Crest in Cattle dike beginning at Newer's dike and so leading unto Richmund pipe in height six foot and in bredth xij foot 44. That the Landholders in Richmund field and Newfield make a Crest in Turnmeredike beginning at Bond 's gote and so leading to Richmund pipe in height 6 foot and in bredth xii foot 45. That the Landholders of Longmeadow and Catfield make a Crest in Oldfendike lane beginning at Leonard's pipe and so leading on to Cakerow hill gate in height 4 foot and in bredth 8. 46. That a gool in Northinham and a gool in Southinham shall be agisted and made and the agistment thereof maintained by all the Landholders in Leverington the menure to be taken off the lands annexed paying to the Owners iiijd. for every Rod. 47. That the Landholders from the High Fendike to Newlane in Northinham shall make Newlane in bredth xii foot in the bottom and in height four 48. No stops to be made in those Sewers of Southinham and Northinham but that the narrowest place be six foot wide that Boats may passe 49. That the Landholders on the North of Wisâ—eche River who drayn through Leonard's pipe make sufficient a Crest beginning at Leonard's pipe and so leading by Popelane to Ives dike bridg in height four foot above the water and in bredth 6 foot And every one to keep their Heddings and their Cloues on the West side of Popelane according as heretofore 50. That the Landholders of Out Newlands in Leverington make a sufficient Dam in bredth 8 foot and height 6. at their lands ends at the North east side at the Windmill in Leverington to keep out the water from running in Wisbeche lode 51. That the Landholders of Southinham and Canonfield make a Crest from Dike corner unto Over dike in height six foot and bredth eight 52. That all the lands in Leverington ought to scour the high Lode from the Fendike unto the 4 gotes in bredth 12 foot and in depth 4. And all Stamps and Weres therein to be pulled up neverthelesse the Inhabitants to have a Common set in the said Lode at a place called Richmond greene from side to side according to antient old Custome Newton 53. That a Sewer be made in Longfield in Newton in bredth 8 foot and depth 4 between the lands of Ieffrey Colvile Esquire and Simon Trove and the lands of the said Mr. Colvile and Thomas Reynold from Mill lane unto Medow lane 54. That another Sewer be made in the midst of Longfield aforesaid from the lands of Ieffrey Colvile Esquire abutting upon the lands of Robert Roydan unto the aforesaid Sewer to be in bredth 8 foot and in depth four 55. That all Fish taken at the 4 gotes be converted to the use of the
then ordered that the Towns of Upwell aud Outwell should from thenceforth be discharged from any diking in Wisbeche river unlesse by the goodnesse of the Drayn their lands do take benefit thereby And in the same year in another Session of Sewers held at Wis beche 14 15 Sept. before Iohn Peyton Geo. Carleton Humfrey Michell Thomas Hewar Esquires and others there was this following Decree Whereas the great River of Wisbeche is by this our Law ordered to be digg'd for the better grinding of the Chanel low to the Sea we find that Elme River called also Elme Ee ought to be in like sort digg'd But whereas that part of the said River extending from the Floudgates in Elme to Wisbeche Sluse hath been doubted in former Sessions for Sewers who of right ought to dig the same and that thereupon in a Session held 18º Martii 23 Eliz. we find that service laid upon the whole Hundred of Wisbeche we now upon Record shewed forth before us bearing date the 6 Dec. ... R. 2. that Wisbeche from Stone Crosse otherwise called Spittel Crosse to the Sluse should make and maintain the Sea-bank And also in a Session for Sewers held the Thursday before S. Mathew's day 25 H. 8. that from the Floudgates in Elme to Spittle Crosse the Township of Elme should dig and scour the same and from Spittel crosse to Wisbeche Sluce the Township of Wisbeche to dig the same we ordain That the said River called Elme Ee shall be scoured viz from Wisbeche Sluce to Spittel Crosse being the division between Elme and Wisbeche by the Township of Wisbeche and from Spittel Crosse unto the Floud-gates of Elme by the Township of Elme and from the said Floudgates unto the Townbrigge of Elme by the Bishop or his Fermour of Brauncâ—mere and from the said Townbridge of Elme to Frydaybrigge by the Queens Majesty for her lands late belonging to the dissolved Monastery of Crouland And from Fryday brigg to Marys dam by the Lord of Coldham And from Marysdam to the cutting over the Old Ee by the said Lord of Coldham Thence unto Branchmere by the Township of Elme in consideration that the said Township shall hereafter be discharged of all such like digging in and upon any the Commons of the said Hundred Lodward excepted the Bishop of Ely for his length in Branchmere From thence to Levermere by the Township of Elme Then for the length of Levermere by the Landholders thereof Then to the River Nene by the Township of Elme And that from Marysdam under Bishop's dike unto Lakebrigge and so into Welle River shall be diked from Lakebridge unto Swan pen two parts thereof by the ......... and the third by Richard Fyncham Gent. And from Swan pen to Langbeche by the Township of Upwell and for the length of Langbeche the Bishop of Ely From thence to Gale dole the Township of Elme Upwell and Outwell And for the length of Gale-dole by those that have the profit thereof to Marys dam. Which digging viz. from Wisbeche Sluce to Spittel Crosse to be 4 foot deeper than now it is and to hold xx foot in bredth and the rest by that example Saving that the River under Bishop's dike between Marys dam and Well streme shall not exceed xvi foot in bredth And we also ordain that there be made a new Crest to begin at Tilney hirne leading to the New Leame thence to the Horshooe thence to Marmound land thence to the West end of Langbeche adjoyning upon Bishop's dike to be made a Bank of xii foot thick in the bottom 3 foot at the top and five foot broad at the charge of all the Inhabitants of the Hundred of Wisbeche And at a Session of Sewers held at Wisbeche 26 May 29 Eliz. it was presented by the Jurors that Norwold Causey being in decay ought to be raised 5 foot higher than it was at that time and in bredth 8 foot on the top at the charge of the Landholders of the whole Hundred of Wisbeche and a Bridge of xii foot in bredth at the higher end of the same Causey at the charge of the Bishop of Ely Likewise that the Watercourse on the South end of Wisbeche should have it's course under the great River of Wisbeche through the xiC Bridg and so by the high Lode unto the 4 Gotes And that the waters in Fen end in Wisbeche which have their course by the High lode from Leonards pipe unto Evysdike bridg by a cut through the Bank at Leonards pipe shall have their course in Pope lane lode unto Evsydike bridg and so to the four Gotes At another Session of Sewers held also at Wisbeche 10 Oct. 31 Eliz. by Sir Iohn Peyton Knight Nich. Hare Iohn Colvile Iohn Reppes George Carleton Thomas Hewar Charles Balam Richard Buckworth and Alex. Balam Esquires Commissioners of Sewers then constituted it was thus decreed That whereas the Fen called Needham and Buriall Fen lying in Elme and Welle had antiently been drayned into the little Lode in Welle called the Sholle at the Stone Crosse and so by Welle River descended into Ouse at Salters lode but then having no descent into the said â—ittle lode by reason that the height of the water therein was 2 foot above the Level of the same Fen And whereas the Landholders in the same Fen having to their great charge procured a new Drayn passing under the Bank called Greendike where they have erected a Sluse for that purpose and from thence by a Sewer upon the East side of Meares drove by another Sluse by them likewise erected at Stow-sted to stop Nedham water for running into Budbech field where the said Sewer taketh its course into the Drayn of the same Budbech field and so continueth therein by and through a Pipe lying under the said Little Lode of Welle and thence passeth to Hodg hirne corner where they by the consent of Sir Robert Bell Knight late Lord chief Baron of the Exchequer caused a new Sewer to be made through a several ground of the said Sir Robert called the Fences and Bardolph fen by the space of 2 miles or more in length and from thence by the consent of Nich. Hare Esquire Lord of Stow-Bardolf did carry the one half of the said Sewer called Common lode between divers severalls lying in Stow Bardolf aforesaid on the North and the Common Fen belonging unto Stow Bardolf Wimbotesham and Dounham on the South and so through another Sluse lately also erected by the before-mentioned Landholders into the River of Ouse And whereas the said Sewers and Sluces were found to be most beneficial for the drayning of the Fen above-mentioned the said Commissioners ordered that they should continue for ever and be maintained from time to time by a Common Acre-shot upon all the lands in Nedham Buriall aforesaid Which new Sewer for Nedham doth from Hodghirne before-mentioned to Ward brigge in Stow contain Lxxii Rode and a half And from thence
and Maid lode on the West head thereof And lastly that the Dikereeves should levy iid. for id. upon all that did make default in paying of their proportions according to the Custome of Mershland And if the Dikâ—reeves should be remisse then the Commissioners to levy the said iid. for id. and id. upon the said Dikereeves besides Which Acre-shot being not paid by the said Sir Iohn Payton and his Lady and Edmund Bell Esquire as it was decreed by the before-specified Commissioners there was a Session of Sewers held at Sechie in Com. Norff. upon the eighth day of May the next ensuing year by Francis Gawdy Esquire one of the Queens Justices of the Pleas before her self to be holden and in that Session a demise for thirty nine years made unto Will. Ingelbert and others of divers lands belonging to the said Sir Iohn Dame Dorothy his wife and Edm. Bell to the end that the said Will. and his fellow Lessees should out of the profit of those their lands make performance of what had been so decreed by those Commissioners And at another Session of Sewers held at Dounham in Com. Norff. upon the xx of Sept. in the same year by the said Francis Gawdye Edmund Bell Clement Spelman Edmund Moundeford Iohn Reppes Thomas Hewar Thomas Oxburgh Esquires and others recital being made of the Laws and Ordinances for drayning the Fens and Marshes before-specified the said Commissioners decreed that Will. Engelbert Iohn Watts and others and their heirs and assigns being undertakers for the said drayning and to keep and maintain the same being perfected should have the full moytie of the said Fens so drayned which lye and adjoyn to the said Lode called Maid lode and likewise the moytie of all the several grounds wherein no Common is or ought to be enjoyed within the said limits between London lode and Mayd lode and other the Precincts aforesaid except of the several grounds of Sir Iohn Payton Kt. Dame Dorothy his wife and Edm. Bell Esquire or any of them within those limits After this at another Session of Sewers holden at Sechie aforesaid upon Wednesday in Easter week being the xi of April in the xli year of the said Queen by the said Francis Gawdy Clement Spelman and others recital being made of those Ordinances established in the former Session before noted held the 29 of Sept. 39 Eliz. for drayning the Marsh-grounds in Upwell before-specified by a lode called London lode provided for the drayning of Neatmore and certain grounds adjoyning on the North part and the drayns called Mayde lode and Ship lode on the South whereby the Banks were appointed to be xvi foot broad at the bottom in height five foot and in bredth at the top four foot as also the Dikes five foot deep and in widenesse at the top xxx foot for the first two milesâ— and for the next two miles xxv foot and for the residue of the same and Shiplode xx foot with a Level bottom unto the Sluse for the same at the River of Ouse which Sluse to be xii foot wide the one moytie to be done at the charge of all those as had interest of Common in the same and the other moytie to be done by the Inhabitants of Upwell for the residue of their Common called Neatmore lying without the limits aforesaid imbanked And that aswell every Acre of several ground as that wherein any had interest of Common lying within the Precincts above-mentioned was assessed at ten shillings the Acre towards the erecting of the said Sluse heightning of the said Banks and making of the Drayns or Lodes called Maid lode or Ship lode and the said moytie of the said Drayn called London lode and that the lands of such as were so taxed and in default to be sold the said Commissioners by virtue of the before-specified Ordinance did decree divers lands to be accordingly sold for such their default in payment of what the owners of them had been so assessed and taxed Extracted out of a Certificate of certain Commissioners assemled at Upwell 24º Sept. 41 Eliz. 1. That the Bank sometime called the Crest but now Turk-banke lately re-edified for the defence of the waters out of the Fen â—in Upwell lying betwixt Mayd lode and London lode will be of great advantage to many of her Majesties subjects for besides the improvement of the whole grounds imbanked which are esteemed 4000 Acres at the least from id. the Acre to 3s. 4d. or more there ariseth an improvement of a great number of Acres in Denver and likewise the defence of the Banks of Plawfield and Churchfield in Welle which were heretofore much oppressed with water as also of the new Podike against the fresh waters 2. That this Bankâ— called Turkes banke was erected about two years since but there was long before and yet is an antient Bank or Causey neer the said new Bank called Turks banke and on the West side thereof towards the Isle of Ely which Bank was originally made for defence of the waters coming out of the said Isle from overflowing the grounds now imbanked and other adjoyning grounds and for a way and passage for footmen between Welle and Welneye 3. That there hath been of antient time anoâ—her old Bank or Crest called the Common drove on the West part of the said old Bank towards the said Isle adjoyning unto the River of Wellenhe being the division between the said Isle of Ely and Norff. Which said Bank was made for keeping those waters of the said Isle in their antient and right course 4. That it appeareth by certain Court Rolls and Records that divers persons have been amerced and fined in the time of K. Edw. 1. and since for cutting of the said Bank whereby the said River of Welneye was turned out of his right course and whereby the grounds on Norff. side confining upon the said River of Wellnye part whereof is now inned were surrounded 5. That after the Drayns called Mayd lode and Ship lode are perfected as by a Law of Sewers is provided the Inhabitants of the said Isle and other the Countries confining shall receive much more benefit and be better drayned than before the inning of the said grounds and erection of the said Turks banke they have been The Presentment of the Iury for the Isle of Ely made 25º Sept. 41º Eliz. 1. That the Bank called Turks banke containing in compasse about xv miles will be a great hinderance to the fall of many waters flowing towards the Sea through the Isle of Ely it being planted between the two most natural Drayns on that side the Isle at the meeting of many waters flowing out of Neene Ouse and other streams falling by Dodington and March c. and so turneth them unto the other side of the said Isle towards Litleport and the Countries thereabouts where falling into the Ouse they stop the waters naturally flowing into those quarters from that ordinary Drayn
And in 18 E. 2. to William la Zouche Iohn de Cantebrig Simon de Brim and Iohn de Hinton for those in this County alone Upon a Pleading in 40 E. 3. it was found by the Jurors that the Prior of Ely did obstruct the course of the water at Wilburgham magna in a certain place called Watholm dam so that it could not have it's current as it usually had insomuch as the Commons belonging to the Town of Fulbourne were overflowed to the damage of the whole Country And in 12 H. 4. the Town of Harlton being questioned for diverting the current of the water betwixt Harlton and Haselingfeld to the damage of the whole Country could not deny the charge and therefore was amerc'd Raphe Bateman being then Lord of that Mannour In 14 H. 6. William Godrede Thomas Fulthorpe Sir Iohn Colvyle Sir Henry Rocheforth and Sir Robert Hakebeche Kts William Yelverton Thomas Dereham Iohn Iakys Thomas Reynold and Iohn Tylney were constituted Commissioners for the view and repair of the Banks Sewers and Ditches throughout this whole County only and to make Statutes and Ordinances for the same according to the Laws and Customes of Runmey marsh On the West side of this County and at the outmost skirt thereof lyeth Wittlesey mere the greatest Lake in all these parts and consequently the more worthy of note I shall therefore cloze up what I have farther to say of this Shire with that particular description of it which I find in the Register of Peterborough In Septentrionali parte stagni c. On the North side of this Lake there is a water called Merelade issuing out of the River of Neene where the Northern bounds thereof are This with the Fens thereto belonging hath at the end thereof a certain Fishing called Eddâ—rmuthe Upon the East part thereof are two other Meres called Wellepole and Trendelmere betwixt which is a narrow stream containing two furlongs in length called Trendelmere beche having in it two Fishings And there is likewise another narrow water there of one mile long which is called Falet having in it one Fishing In that part thereof betwixt Wytlesmere and Kynkesdelf where the Eastern boundary thereof is the bredth of the Meer containeth three miles having in it a narrow stream called Derescuf and a Wood named Rageholt On the South part thereof also there is another slender stream of three furlongs in length called Selfremerebeche having in it two Fishings at the end whereof is a Lake named Selfremere having on the South side thereof a narrow water of half a mile long called Ubbemere lade at the head whereof is likewise another Fishing And about the middle thereof there is a place in the Fen called Alwynesbarwe and there is the Southern boundary thereof Moreover on the West side of this Lake there is also a narrow stream containing two furlongs in length named Trendemere beche which hath one Fishing in it at the end whereof is the Meer called West Trendemere On that side there are also these waters viz. Drelgmere Wellepole Withibuscemere Langemere Kinninges and Musklemere There is likewise on that side another narrow water of one mile in length extending to Oppebeche and hath in it one Fishing at the end of which water is the Western limits of the Fens and all the waters pertaining to Witlesmere About two miles distant from the North East side of the before-specified Meer there is a memorable Chanel cut through the body of the Fen extending it self from neer Ramsey to Peterborough and is called King's delph The common tradition is that King Canutus or his Queen being in some perill in their passage from Ramsey to Peterborough by reason of the boysterousnesse of the Waves upon Witlesey mere caused this Ditch to be first made and therewith do some of our Historians agree who say thus Anno Domini Mxxxiiii Cnuto Rex potentissimus viam in marisco inter Ramsey Burgum quod King's delph dicitur ut periculum magnorum stagnorum vitaretur eruderavit But how to reconcile this testimony to what I meet with above threescore years before I well know not which is that King Edgar confirming to the Monks of Peterborough before-mentioned the fourth part of UUitlesmere with all the waters Fishings and Fens thereto belonging bounds it to these limits viz. quorum Septentrionalis est ubi primùm intrat Mere lode de ampne Nen orientaliter ad King's delph Australiter ad Adewinesbarue c id est whereof the North side is where Mere lode first enters thereinto from the River Nen Eastward to King's delph and Southward to Aldewynesbarue c. But the largest and most notable is that fair Chanel made from Stanground steafe below Peterborough to Guyhirne neer UUisebeche of xl foot in bredth by Iohn Moreton Bishop of Ely in King Henry the seventh's days and still called Moreton's Leame or the New Leame a work certainly of singular consequence not only for the quicker evacuation of the overflowings of Nene but for conveniency of Carriage from Peterborough to UUisebeche which will remain a lasting memorial to that worthy Bishop CHAP. LI. SOuth-west from Cambridgshire lieth the County of Huntendon into which a skirt likewise of this great Level extendeth at the entrance whereof I meet first with Ramsey compassed with Fens on all parts excepting towards the South-west and containing about ...... Acres wherein for the like respect as in Ely Crouland and Thorney by others Ailwin a neer Kinsman to King Edgar and who is stiled by our Historians totius Angliae Aldermannus id est Chief Iustice of England did found an eminent Monastery for Monkes of S. Benedict's Rule almost an hundred years before the Norman Conquest Touching the situation of this Isle for so it was antiently called let us hear what the Register of that Abby saith Quum igitur in orientali angulo territorii Huntedonensis c. Forasmuch therefore as this place situate in the Eastern corner of Huntendoushire where the Chanel of the River Ouse restraineth the bounds of the Fens is for its bigness the fairest of the fenny Islands and which many have endeavoured to extoll so that it needeth not our commendation nevertheless we will not wholy leave it untoucht On the West side for on all other there is no access to it by reason of the Fens it is severed from the firm land with certain deep and boggy Quagmires in bredth about two Bow shot insomuch as in times past the access unto it was by navigable Vessells brought thither through a slow stream with gentle windes but now by much labour and no small cost there is with Wood Stones and Gravel a firm Causey made so that people may come to it on foot In length this Island doth extend almost unto two miles but in bredth not so much being environed with Alders Reedes green Canes and Bulrushes which do beautify it exceedingly and before it became inhabited was full
of all sorts of trees especially wild Ashes the length and bigness whereof may be seen by the beams and rafters on the roof of the Church But now through tract of time the Woods for the most part gone the fertility of the turf is such as that the land converted to tillage beareth Corn plentifully nor is it less profitable otherwise being full of fair Gardens fat Pastures shady Groves and rich Meadows which in the Spring time make a most beautifull shew Moreover on the borders of it there are several Meeres full of Eeles as also spacious Fens and Pooles abounding with divers sorts of Fish and Waterfoul whereof one called Ramsey meere from the name of the Isle much excelleth the other adjacent waters in beaâ—ty and profit which lying on the most large and woody side of it and pleasantly beating upon that sandy shore thereof called Mereham maketh a delightfull object to the beholders in the deep and great gulfs of which Meere there are frequently taken by several sorts of Netts as also with baited Hookes and other sishing Instruments Pikes of an extraordinary bigness called Hakedes by the County people And though both Fishers and Fowlers cease neither day nor night to haunt it yet is there alwayes of Fish and Foul no little store What proportion to the Fens belonging to divers particular Towns in this County antiently were of I shallâ— in the next place from the testimony of Record make manifest by which they who are well acquainted with those parts may discern how much improvement hath been since made therein through the industry of the Borderers or whether all or any of them were by neglect expatiated to a more large extent Upon that memorable Survey made shortly after the Norman Conquest it appeareth that the Fens belonging to Colne were then reputed to be one mile in length and half a mile in bredth and those in Wardboys just as much But in 3 Edw. 1. there is a far more exact account of them it being then found by Inquisition as followeth viz. that the Fens pertaining to Stangrund and Faresheved called Faresheved ferri contained then in length from Faresheved brigge at the one end unto the other where Ramsey fen and Fairesheved fen did part two miles and in bredth from the Bank called King's delph unto Wythlesmare one mile In which Fen there was at that time a certain Meadow called Kingesdelph-mede containing Cx. Acres and another called Myleby of x. Acres the same Meadows then belonging to the Inhabitants of Stangrund and Faresheved Moreover there was then a certain division betwixt the Towns of Stanground and Flectone beginning at Brod he neer to the Mayden-cros and extending it self by the antient lode to Lauehythe and from thence directly to Blancheferye and thence to Stakengeshirste is a certain Common Pasture which belong'd to the Towns of Stangrund and Flectone Likewise that in the Hundred of Normancros there was a certain Fen called Kyngesdelf beginning at the end of Brod hee scil at the end of Kyngesdelf and extending it self circularly to Wittleseye Town 's end for two miles and from Wytlesheye by the hold Old Ee to Pokeslode for the space also of two miles and from thence by Hold Old Eee to West fen for three miles thence to Wysemuthe for two miles thence to Beynwic for three miles thence to Syrmare for two miles thence to Kyngges delfe end Southwards for one mile and thence to the utmost point of Brod Ee where Kynge's delfe endeth for five miles which whole Circuit containeth xx miles and belongâ—th to the Abbies of Ramsey and Thorney and Priory of Ely for which the Abbot of Ramsey hath the Charter of S. Edward from Gangestede Eastwards to Hyndelake in the West and so at Wendelmere and Cayeresholt with the confirmation of several Kings since that time The Fen of Glactone extends it self from Denton lade to Hubbemere containing in length a mile but it beginneth at the Town of Holme and continueth to Saldermere which is in length three miles The Fen belonging to the Town of Conyngton beginneth at Conyngton mere and reacheth to the Redipole and thence to Scelremore containing in length from Conington mere to Selremere two miles From Selremere it goeth to Berchemere and thence by Hokeslade for three furlongs unto Monks lade and so by the said lode to the new lode at Sautre for a mile and an half and two furlongs which is betwixt Sautre fen and Conyngton and so it holds on by the new lode unto the Bank of the Nesse and from the third Hassoke unto the said Bank it containeth in length one mile directly and from the said Bank it goeth on crookedly unto the North side of Conyngton mere being in length from that Bank unto the said Northern side one mile and an half within which Circuit Conington fen is included But the Abbot of Saltrey ought of right to make two Bridges in the said Fen beyond Monks lade over which the men of Conynton are to drive their Cattell to Pasture beyond that lade The Fen of Dentone containeth in length one mile and extends it self to Witlesmare one way and another way to Dentone field being four Acres in bredth But Glattone and Holme have by force appropriated to themselves a half furlong and more of the said Fen in bredth excepting one Bank and in length one mile and did there dig turves by force and carried them away nor could the men of Denton dig turves with them but they had pasturage there for their Cattell Moreover the Earl of Cornwall did appropriate to himself the Flete and ditch't it in which place contained three Acres and had been Common to Dentone Glattone and Holme The Fen of Waltone beginning at Michelholme hale extendeth it self thence for two furlongs unto Stakelode and thence for one furlong to the bar of Bollokes fen and thence for three furlongs to Croslode and thence for two miles to Hokeslode thence for three furlongs to Brichmere thence for four furlongs to Hubbemere lode and thence for one furlong to Hubbemere cote thence for two miles unto Ranelesnok and thence for half a mile unto Michelholm hale To the Town and Abby of Sautre belongeth a certain fen which beginneth at the one end at Saneshyl and the head of Monks banke and extends it self in length neer to Monks meadow crookedly for one mile and so goeth on by the stable and thence directly to the bar of Bollokes fen â— and thence directly to the head of New lade for half a mile and from thence to Esterne dyke for one mile and from Esterne dyke at the head of the Bank of Staneshille for four furlongs and thus the Fen of Sautre is perfectly bounded And beyond Monkeslade bâ— the whole fen of Waltone and Conytone to Wytlesmere bank and Hubbemere bank they are to Common with their Cattell The Common of Pasture in the Fen belonging to the two Towns of Wardeboys and Caldecote is in length two miles and
suffred to run as also a Bridge presently laid over But on the xvth of March next ensuing there hapned so great a storm that it brake the Banks of this new River and drowned Neatmore with the severals adjoining So that on the xxi of the same Month of March they were constrained to stop the River at Upwell Towns end again Not long after this there was a Petition exhibited to the King by the Inhabitants of divers fen-towns without the I le of Ely in the Counties of Suff. and Cambridg humbly desiring that whereas a most laudable work of drayning the Fens c. was then recommended to the high Court of Parliament and that divers Towns lying on the skirts of those Fens would have no benefit thereby in regard their lands were very seldome surrounded they therefore might be excluded out of the intended Act of Parliament whereby a proportion of the said Fen grounds was to be allowed to the undertakers in the drayning for the supporting of their charge therein Whereupon the Lords of the Councel by their Letters dated at White-Hall upon the xxxi of August in the fourth year of the said K. Iames his Reign reciting what had been signified formerly by them as to the fecibleness of the before-specified Drayning and that the Lord Chief Justice Popham was present at the Session of Sewers held at Cambridge and gave notice to the Country that his Majesties pleasure was so far to further the same as to men of understanding might appear to be to the general good of his people as also that there was a Law then made for the said Drayning And moreover that at another Session held at Wysbeche order was taken for the drawing of a Law to be presented to the Parliament for confirmation thereof But that some persons not well understanding the state of the cause complained to his Majesty of great losses and hindrances which they were like to sustain in case the said Act should proceed and therefore desired the said Commissioners to examine the true Causes of those Complaints and to represent to them the true state of the Fens with the difference between the last years profit and that present year In answer whereunto the said Commissioners made this return to the said Lords of the Councel viz. that they did meet at Cambridge on the 22. of October 1606. for the Examination of the Petition formerly mentioned and that they found few reasons to fortify it but such as were or might be provided for in the intended Bill all persons with whom they had treated having acknowledged that the want of drayning was an inestimable hurt to those Fenny Countries And that whereas an objection had been made of much prejudice that might redound to the poor by such drayning they had information by persons of good credit that in several places of recovered grounds within the Isle of Ely c. such as before that time had lived upon Almes having no help but by fishing and fowling and such poor means out of the Common Fens while they lay drowned were since come to good and supportable Estates The Chief Contents of the Bill handled in Parliament Anno 4. Regis Jacobi touching this general Drayning The limitation of time allowed to Sir Iohn Popam Knight Lord Chief Justice and the rest of the Adventurers for accomplishing the work was to be ten years after the end of that Session of Parliament The particular Cutts and Drayns c. to be made by the Undertakers were as followeth 1. A New River with a Bank and In-dike from the Upland neer Peykirke between Weland and Burrow Bank unto or neer Heddike Corner and thence to Crouland water head and there to place a Sluse and so to great Porsand Bank with a Dam over the River to the said Bank to keep in Weland from overflowing 2. To amend the Leame from Peterborough to Guyhirne and to cut a new River and Bank on either side of the said Leame with Indikes for preserving of the Banks the North Bank to begin from Burrow little Fen Bank where six of the Commissioners shall think fit 3. To enlarge the River from Guy hirne to Wisebeche and so to the four Gotes 4. To make a sufficient passage for the River of Ouse from Erith to Salters lode either by enlarging its Chanel or embanking c. And to make two new Rivers to begin about Erith brigg and so to go by Sprall's were to Mayd lode and so through Denver fen into Ouse about Denver hithe with sufficient Banks and Indikes c. and Sluses at the upper end of the new Rivers and West water in such sort as the Navigation in old Ouse and Grant may not be impaired 5. To imbank in all needfull places Grant Mildenhall Brandon and Stoke Rivers viz. Grant from a Corner below Clayhithe ferrey Mildenhall and Brandon Rivers from their entrance into the Fens or from some other more convenient places And Stoke River from Stoke Causey unto the places where they fall into Ouse and to enlarge them where need is with Banks and Indikes c. as six of the Commissioners should think fit 6. And to make new Rivers Banks Indikes c. where need is c. yielding to the owners of the Lands such recompence as any six of the said Commissioners should think meet As also Bridges passages Sluses and Land Eas. 7. That they may take in water to maintain fishing so as the same be kept within Banks and be not hurtfull to the adjoyning Fens 8. To make Ferryes and Ferrey houses where need is 9. That for this performance the Undertakers c. to have in severalty 112000. Acres Statute measure by the small hundred by assignation of the Commissioners 10. That where there is sufficient waste to answer the Undertakers and leave sufficient for the Commoners the Land owners not to be impeached in their severals 11. That the Commissioners do respect both quantity and quality in their opportioning 12. That such opportioning be made before Michaellmass A. 1007. if they may 13. That of Waltersey the Undertakers to have 2. full parts of 3. to be set out as aforesaid 14. That the Undertakers shall have the soil waters and fishing of all the new Rivers so to be made with the Banks Indikes c. 15. That they shall begin to take their profits as they finish their draynings 16. That if any of the grounds shall be again overflowen recompence to be made to the parties damnified out of the 112000. Acres to be assessed by any six Justices of the Peace whereof 2. of the Quorum where such surrounding shall happen 17. That all grounds adjoyning to these Fens which are bettered by the Drayning shall contribute towards the charge of the Undertakers as any six or more of the Commissioners shall think meet 18. That all Mannors Wastes and Common shall have metes and boundaries set to them by the said Commissioners where the bounds are
might the better accomplish this so great an undertataking as also maintain and preserve the works after they should be compleated the said Francis Earl of Bedford and his Participants did in the x year of the said Kings reign obtain Lettees Patents of Incorporation bearing date 13 Martii whereby the said King making some recital of the before-specified Laws of Sewers made at King's Lynne 13 Ian. 6 Car. with his royal assent thereunto did incorporate him the said Earl and certain other persons viz. Oliver Earl of Bullingbroke Henry Lord Maltrevers Edward Lord Gorges Sir Francis Crane Knight Chancellor of the most noble Order of the Garter Sir Miles Sandis Knight and Baronet Sir Thomes Teringham Knight Sir Robert Lovell Knight Sir Filbert Vernat Knight Sir Miles Sandis Knight William Sams Doctor of Law Oliver S. Iohn Esquire Anthony Hamond Esquire and Samuell Spalding Gentleman into a Body politick to be Guardians and Conservers of the Fen lands in the Counties of Cambridge Huntington Northampton Lincolne Norfolke Suffolke and Isle of Ely by the name of a Governour Deputy Governour two Bayliffs and Commonalty of the Society aforesaid and that they and others to be elected into that Fellowship to have a perpetual succession by those Names and Titles with power to purchase lands plead and be impleaded and to have a common Seal And moreover that out of this their Society be yearly chosen upon the xxix of September one who shall bear the name of Governour another to be Deputy Governour and two others to be Bayliffs of the same Society to continue for one compleat year each of the said Commonalty having of Inheritance five hundred Acres at the least in the said Fen lands That upon Death or Removal the Survivors to elect others in their rooms And that six shall have power to make Laws for the publick benefit of the Society whereof the Governour or Deputy Governour to be one Also that the Governour Deputy Governour and Bayliffs shall make Oath for the due execution of their Offices so likewise their Servants and Ministers By this Charter of Incorporation the said Governor Bayliffs and Commonalty of this Society and their Successors are likewise constituted Guardians of all the Waters Rivers and Fens within the Precincts aforesaid with power to seise and take all Nets and other Engines made and used therein for destroying of Fish contrary to the Laws and Customes of this Realm And they be thereby impowred to enquire by Oath of all Trespasses and Offences committed contrary to the Laws and Customes of the Kingdom and to punish the Offenders by Fines and Amerciaments which Fines and Amerciaments to be levied by their Officers and to be to the use and benefit of the Society without any Estreits thereof made into the Exchequer Likewise to build Churches or Chapels and make Church-yards in such fitting places of the said Fens as they shall judge meet and to cause them to be consecrated by the Bishop And to take reasonable Tolls of all Carriages and Commodities at such Bridges as they shall erect and maintain So also for laded Boats passing under the same Bridges And lastly to Register all conveyances of these their lands within three months after the making thereof in certain Books to be kept for that purpose by the said Governour and Bayliffs All which being accomplisht about three years after in a Session of Sewers held at Peterborough xii Oct. 13 Car. the whole Levell was adjudged drayned and the ninety five thousand Acres were set out by six or more of the said Commissioners by metes and bounds unto the said Francis late Earl of Bedford his Heirs and Assignes the charge of these works to the said Earl and his Participants having been no lesse than an Hundred thousand pounds But notwithstanding this great expence it was at length evidently discerned that though the lands were very much improved by those works yet were they subject to Inundation especially in the Winter season and therefore in a Session of Sewers held at Huntendon 12 Aprilis the year ensuing the said Earl of Bedford's undertaking was adjudged defective And on the xxiii of May following in another Session held at Wisbeche the particular defects therein being considered by the Commissioners there was a new Tax of xv s. the Acre imposed by them but upon Dâ—ping fâ—n xxx s. the Acre Waldersey and Coldham xx s. the Acre Needham fen vis viijd the Acre For the Marshes within the precincts of Walton Wallokne and Walpole in the County of Norfolke Tyd S. Maries Sutton in Holand Lutton Gedney Fleâ—te Holbeche Ouaplode Moulton and Weston in the County of Lincolne Wisbeche Leverington Newton and Tyd S. Giles in the County of Cambridge xls. the Acre Marshland â—en xxs. the Acre and other the Fens and low grounds in Marshland x s. the Acre The Common and several Fen-grounds lying within the North side oâ— Wisebeche between South Ea bank Wisebeche River the old Sea-bank and the Shire drayn viz. the Common Fen-grounds lying in Neuton and Tyd within the said North side of Wisebeche xx s. the Acre and the several Fen-grounds in Neuton and Tyd aforesaid x s. the Acre and the rest of the Common Fen-grounds lying within the North side of Wisebeche vi s. viij d. the Acre The Common and several Fen-grounds in Holand in the County of Lincolne viz. the Common at xx s. the Acre and the several at x s. And it was then decreed that the said Tax should be paid in to the Treasurers appointed to receive the same before the xviijth of Iuly then next ensuing that present Session to the end that it might be speedily imployed in the work that so the said Fens might by sufficient Drayning be made aswell Winter-grounds as Summer-grounds in all the parts thereof saving convenient Forelands and Receptacles for Winter flouds Hereupon his late Majesty King Charles the first of blessed memory taking this great business into his Princely consideration and foreseeing that these lands being a continent of about four hundred thousand Acres in case they were made Winter-grounds would be an extraordinary benefit to the Common-wealth viz. of six hundred thousand pounds per annum value as also a great and certain revenue to all parties interessed And likewise because the Owners who were very many could not agree to do so great a work one being willing and another not one able to contribute another not was therefore pleased to undertake the making of those lands Winter-ground at his own charge whereby the said four hundred thousand Acres might be profitable firm and good And for the better performance thereof did command divers Gentlemen expert in such adventures to give their advice how these lands might be recovered in such manner as that they might be made Winter-grounds to the end the said work might be compleated Amongst which the before-specified Sir Cornelius Vermuden was one who after view taken thereof returned their
Swinshed upon the xi of August then last past upon full debate and consideration of the former Decrees and consideration of a true and perfect scedule of all the Fens c. comprised in a Decree of Tax bearing date at Boston upon the second of March in the eighth year of the said King Charles from Kyme Ea South-wards aswell within the parts of Kesteven as Holand to the River of Glen being part of the said Level mentioned in that Decree made at Sleford c. it did at that time appear to the said Commissioners and then to those present Commissioners at Boston that that part of the Level amounted to thirty six thousand Acres or thereabouts And recitall being likewise made that whereas at the said Session of Swineshed it was proposed that the severals within the said Level lying from Kyme Ea to the River of Glen might not contribute any part of land to the making up of the said quantity of fourteen thousand Acres but that the whole proportion should be taken out of the Fens and Commons And in a Session of Sewers held at Bourne upon the xith of August the next year following there was a speciall assignation in what particular place in each of the Fens before-specified the quantities so decreed as aforesaid should be set out and a certain mistake concerning Poynton fen rectified Which said several Decrees viz. that at Sleford 2 Iunii 11 Caroli that at Boston 29 Martii 12 Car. and this at Bourne 11 Aug. 13 Car. were afterwards in a Session of Sewers held at Sleford 25 Sept. 14 Car. ratified and confirmed And in another Session held likewise at Sleford upon the xiiijth of March then next ensuing the Commissioners receiving information by the said Earl that he had then effectually drayned all the lands between the River of Glen and Kyme Ea containing more than thirty five thousand Acres and taking view of them with all the Sluses Banks Sewers c. therein did so adjudge thereof and that he had made a full performance of his said undertaking And lastly in another Session held at Sleford also upon the 14 of Iune next following reciting and confirming all the former Decrees And that whereas but three thousand Acres were by the said Law of Sleford made 2 Iunii 11 Caroli decreed for the perpetual maintenance of the works within the said whole Level and that the said Earl had nevertheless at the instance of the Commissioners condescended to ty the said fourteen thâ—usand Acres for the perpetual maintenance of the said works made between the River of Glene and Kyme Ea over and above the Rent of iiijd the Acre thereupon reserved to be paid out of the said fourteen thousand Acres in case the said iiijd. the Acre should not be sufficient they decreed and ratified the same accordingly After which the said Earl and his Participants having been at no less than fourty five thousand pounds charge therein did inclose build inhabit plant plow sow and reap two years without disturbance but the third year divers clamorous Petitions were exhibited to the Parliament then sitting by the Country people Whereupon after examination of Witnesses Orders were granted from both Houses to quiet the possession of the said Earl and his Participants and to secure their Crops then upon the land Nevertheless the Petitioners in contempt of all entred and destroyed the Drains and buildings as also the Crops then ready to be reapt to a very great value and have ever since held the possession to the great decay and ruine of those costly works and exceeding discommodity to all that part of the Country CHAP. LVI The East and West Fenns NOrthwards of this Fenny part of the Country called Lindsey Levell are divers other Marshes lying towards Waynflete the greatest whereof are called by the name of the East and West Fenns Upon a Writ of Ad quod Dampnum in 41 Eliz. concerning the Drayning of these Fens it appears that the East fen lying betwixt the parts of Holand and Lindsey was found to contain five thousand Acres or thereabouts and that the one half thereof being the Skirt Hills and Out-rings might conveniently be drayned but the other half consisting of deeps for the most part could not be recovered and moreover that the Commons and Severals pertaining to the Towns confining on the said Fen did then amount to the number of three thousand and four hundred Acres or thereabouts all which were at that time surrounded Whether any thing was done at that time towards the drayning of those Fens I am not able to say but in 6 Caroli 15 Maii there was a Decree made in a Session of Sewers held at Boston by Robert Earl of Lindsey Lord great Chamberlain of England Edward Earl of Dorset Lord Chamberlain to the Queen Iohn Shorey Mayor of Boston Sir Robert Killegrew Vice-Chamberlain to the Queen Sir Robert Bell Sir Iohn Browne Knights Robert Callice Serjeant at Law and others which Decree makes this following recital viz. that there was a Law of Sewers made at Boston 7 9 Apr. then last past by the said Sir Robert Bell and others whereby it appeared that the grounds hereafter named were overflowed with fresh waters viz. Dockdike hurne from Armitage Causey and Howbriggs East to the River of Witham VVest and from the said River of Wytham South to Hawthorne North from the East end of Hundell house grounds and so along by Raydyke to the North side of Moorhouse grounds from thence by Marcham Revesby East Kirkby and Hagnaby to Hagnaby gate from thence along by Bar loade banck and the West end of Stickney Severals to Stickney Graunge From thence on the North side of Westhouse grounds along to Blacksyke from thence on the North side of Medlam to Gamock stake from thence directly to the East end of Hundel house grounds from Stickney graunge Southwards on the VVest side of the severals of Stickney and Nordyke gate East to Nordyke stream South and the West fenne VVest wherein is included Westhouse grounds the low grounds belonging to Stickney grange and Thornedales from Norlands lane along between Sibsey severals aâ—d the new Drayn to Hale Causey from thence along to the Shottells And that all these grounds as also the grounds mentioned in a Verdict heretofore given up at a SessioÌ„ of Sewers held at Boston aforesaid 16 Ian. An. 1629. viz. the East fenne extending in length from the severals of Wainflet on the East to the severals of Stickney on the VVest and in bredth from the severals of Waynflet Friskeney Wrangle Leake and Stickney on the South and the severals of Stichford Keales Toynton Halton Stâ—ping and Thorpe on the North were for the most part surrounded grounds And likewise that certain severals and Commons of divers Lords and Owners belonging to Waynflet and Friskeney lying between a bank called Fen-dyke bank on the East and East fen on the VVest and abutting
on the old Drayn called Symon gote towards the South and upon Thorpe-Dales towards the North and certain severals of divers Lords and Owners belonging to Wrangle lying between the said old Drayn called Symon gote on the East and Leake severals on the VVest and abutting upon Lade bank towards the North and upon the old Fendike bank towards the South were surrounded grounds most part of the year And moreover that the several grounds and Commons of divers Lords and Owners belonging to Leake lying betwixt the East fen on the North and the out-weare Bank on the South and abutting upon Wrangle severals towards the East and upon Sibsey wearbank and Stikney Wydalls towards the VVest and the severals of divers Lords and Owners of grounds belonging to Stickney Wydalls lying betwixt the East fen of the East and North and abutting upon Ualentine dyke towards the VVest and upon a Drayn leading to Nordyke brigge towards the South were surrounded grounds in the winter time And lastly that the severals of certain Lords and Owners of grounds belonging to Toyntons next Spillesby called the Demesns lying between the East fen on the South and a certain Meadow called the East fen on the North and abutting upon a Drayn called Toynton beck towards the East and upon Hare hills towards the VVest were surrounded grounds also for the winter season And that it was therefore decreed that for towards the natural outfall of Wainflet Haven Black gote Symons gote Mandfoster gote New gote and Amton gote and all or part of the same as also any other antient Drayns as the Undertakers should think or find most necessary to be used should be enlarged and made deeper as need should require with all other necessary works for drayning of the said grounds within the extent of the several recited Commissions of Sewers bearing date as above is expressed And that every Acre of Land and Common mentioned in the said Verdict and exprest upon the said view within the extent of the said Commissions to be overflown with fresh waters which might receive benefit by the said Drayning should be taxed and charged with the sum of xs. the Acre to be paid at or before the xiiij day of May then next coming unto William Locton and Gervase Scroope Esquires or to any one of them The said Tax being set upon the said lands and Commons to the end that if it should not be paid the Commissioners of Sewers might be legally authorised to make bargain for land with Sir Anthony Thomas Knight and the rest of the Undertakers And the said Tax to remain in the hands under the Locks and Keys of two of the said parties named and two of the same Undertakers the sum being first certainly known to the said Undertakers by authority of the Court to be ratably paid over to the said Sir Anthony Thomas and the rest of the Undertakers to be nominated by him their Heirs and Assigns after the said Drayning should be done wholly or in part proportionable And in default of such payment of the sums of xs. so assessed upon every Acre as abovesaid the said Court at a general Session of Sewers of six Commissioners whereof three to be of the Quorum should set forth decree and establish such proportion and portions of the said ground for which the sums aforesaid were not paid unto the Undertakers their Heirs and Assigns in recompence of the said Drayning And it was also farther ordered by authority of that Court that process should be awarded per Curiam to the Shireeve of the County of Lincolne or his Deputy requiring them to give Summons and knowledge by way of Proclamation in all the Market Towns and fitting places for those parts and within the extent of the said Commissions that all Lords Owners Commoners and parties interessed in any of the grounds aforesaid might take and have notice thereof and that they should not fail to make return of the said Process at the several Sessions of Sewers to be holden for those parts at Boston aforesaid the xvth of May then next upon xll. penalty VVhich said Decree the said Robert Earl of Lindsey and other the Commissioners of Sewers before-specified did ratifie and confirm And forasmuch as it appeared to them that no part of the Tax so assessed as aforesaid was paid in unto the said Gervase Scroope and William Locton they proceeded in the execution of the said former Decree according to the true intent and meaning thereof and according to his Majesties directions formerly signified by his royal Letters And therefore being credibly informed that for the effecting of the said works of Drayning of those surrounded grounds one great and navigable stream and River ought to be cast from out of the said East fenn and grounds and so leading from thence by the space of three miles or thereabouts unto the Haven of Boston aforesaid and that one or more very large Gotes of stone and timber and other materials requisite for the effecting of so great a work ought of necessity to be built at the Haven side and that many other petty sewers gutters and streams should also be cast to have their courses to the said main River and many Bridges built over the said streams and other matters done c. at the only costs c. of Sir Anthony Thomas Knight Iohn Worsop Esquire Henry Briggs Master of Arts and Hildebrand Pruson whom the said Court did order to perform all those things within the space of four years from the Feast of St. Michael the Arch Angel then next coming which said Sir Anthony Iohn c. were thereupon appointed Undertakers of the said works accordingly it being also decreed that in consideration of such their performance they their heirs and assigns should have the one half of the said East fenn as also a third part in three parts to be divided of all the said severals which ly in or adjoyning to and upon the said East fenn and moreover that he the said Sir Anthony and the rest of his fellow undertakers for the considerations aforesaid should have a full fourth part in four parts to be divided of all the said surrounded grounds lying in the West fenne and in the said severals thereto adjoyning butted and bounded as aforesaid to have and enjoy in several after the said Drayning should be sufficiently compleated All which parts to be set forth by six or more of the Commissioners of Sewers presently after the said Drayning should be finished as aforesaid in the most fit and convenient places of the said grounds whereby the Owners and Commoners of the other parts might hold and enjoy their several and respective interests with the least prejudice and to and for their best advantage And the said Commissioners did also decree that from and after the perfecting of this work of Drayning the said Lands so assigned to the before-specified Sir Anthony Thomas and the rest of the Undertakers and their heirs should be