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
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
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
all surrounded Wastes and Commons as also the most of the Commoners for their particular Commons might contract or bargain for part of such Commons Wastes Severals with such person or persons who would undertake the Drayning the Country themselves being not able to do it as the said Act acknowledges and that the same their contract and conveyances thereupon made should be good and available in Law against the Lords of the soyl c. and all other the Commoners therein but not against the said Queen her heirs or successors except such conveyances should be certified into the Chancery in case the said Wastes were of the possessions of the Crown and except the royal assent were obtained thereunto Howbeit upon this Act hapning so neer the latter end of that Queens reign little was done but King Iames shortly after coming to the Crown being a grave and prudent Prince as also of a most noble and publick Spirit and withall highly sensible of the general advantage which thereby would redound to whole Kingdome by his Letters directed to the Commissioners of Sewers for the Isle of Ely and Counties of Norfolk Suffolk Cambridge Huntendon Northampton and Lincolne bearing date at Westminster the xith of Iuly in the second year of his reign encouraged their proceedings therein expressing his readiness to allow a part of his own Lands to be so recovered towards the charge of the work in like proportion that other of his subjects should do and signified to them that he had appointed one Henry Totnall and Iohn Hunt respectively to take view of the said Fenns and to treat and contract with as many Lords and Commoners as they might touching the premisses desiring likewise the said Commissioners to be aiding to the said Henry Totnall and I. Hunt therein The limits of the Commission for the general Drayning attempted Aâ— 1605. The grounds lying between and within any the limits within the Isle of Ely and Country of Marshland and within all the grounds every way between the said Isle and the River of Ouse and between the Countrey of Marshland and the same River of Ouse and the Upland grounds of Norff. Suff. Cambr. and Huntingdon and between all the grounds between the Isle of Ely and the Upland grounds of Huntingdon Northampton shires and within all the grounds aswell of the Washes in Lincolnshire as those between the same washes the Isle of Ely South ea bank great Porsant bank and the River of Welland and within all the grounds between the said River of Welland great Porsant bank South Ea bank and the Upland grounds in the Counties of North. and Linc. and within all the grounds between the River of Welland and the River of Glen or in the borders and confines of the same The particular limits From the Corner of Edw. Skypwith's bank next to Creek lode by the River of Ouse and so by that Bank to Maid lode alias Shiplode and by a Bank on the North side of the said Lode to Calsey-dike and so through a part of Upwell to Lakebridg and from thence by Bishop's dike to Fryday brigge and so Elme leame to Maryes dam and to Tilnâ—y hyrne and from thence to Hob's house alias Bensted hyrne to Guy hyrne and from thence to Clowes Crosse and so by South Ea bank and through Crouland to the further end thereof towards White house from thence by a new Bank or Banks as intended to be made to the Upland neer Peykirke in Com. Northt From thence by the utmost ring of the Fenns or low ground to the Upland subject to surrounding in the said Counties of Northt and Hunt to Erith and from thence by Over fen Bank to Over hive and from thence by the utmost ring of the Fens or low grounds towards the Upland subject to surrounding in the said County of Cambridge to a Causey leading from Water beche to Clay hive Ferrey and from thence to the utmost ring of the Fenns or low grounds towards the Upland subject to surrounding in the said County of Cambridge unto Upwere and thence by the utmost ring of the Fens or low grounds towards the Upland subject to surrounding in the said Counties of Cambridge Suff. and Norff. to Stoke Causey and by it and the utmost ring of the Fenns and low grounds towards the lands subject to surrounding in the said County of Norff. to another Bank of the said Edm. Skipwith's by Stoke River and by the said Bank of Helgay Causey and from thence by the utmost ring of the Fenns or low grounds towards the Upland of Helgay and Sotherey subject to surrounding unto Sotherey Calsey and by it to the River of Ouse at Sotherey ferrey and from thence by the said River of Ouse to the said Corner of the said Mr Edw. Skipwith's Bank In order therefore to this great work direction was given to one Mr. Richard Atkins of Outwelle a person whose observations in these fenny grounds were very notable to make search with an Augar of xi foot long on the skirts of the New Leame from Guy hirne to Stanground stafe to find the soil there of at eight foot deep whereupon he began so to do on the second of April and found the first place on the North side 2 3 4 and 5. all Moor. 6. At mile and half Tree Moor 7 8. All Moor. 9. In the Leame Moor 10. On the North side Moor In Knarlake Moor at eleven foot deep 12. On the South side against Knarlake all Moor. 13. In the Leame Moor. 14. On the North side all Moor to 8. foot 15. In the Leame Moor 9. foot deep 16. By Lords dikes end black Moor mixt with earth 17. In the Leame the like 18. On the North side the like 19. On the South side Lipny holt against the Hill mixt Earth 20. Westward a furlong black Moor mixt 21. The like 22. 23. Against Easttree mixt Moor. 24. Nigh Cotes Moor on both sides 25. Against Cotes all Moor Above Cotes on the North Moor by Basually hill 26. At Stonhil doles Moor. 27. Against Calves Croft South Bassa gravel North Moor. 28. Between the Leame and the Lake against the Mills Moor. 29. Between Great Hill and Stone hill gravell Moor mixt 30. Between Stone hill gravell and Eastlong Lotts all Clay aloft and gravell at 2. foot 8. inches 31. More Westwards in the River Gravel and silt at 4 foot 32. On the North side At North Ee gravell the like 33. At North Long-lotts all Clay aloft 34. 35. By Bradley fen Clay and mixt Earth aloft about 3 foot 36. By Bradley fen to the Leames end such like above but rank Moor all the way under The Searches made from Erith bridge to Plawlis were At Erith bridg within Lx pole of the Bridg at the first Ham there at 2 foot and 2 foot and a half Clay But after under the same at 8 and 9 and 10 foot and upwards is all red Moor and so from thence
next year following upon the 7th day of Iune in a Session of Sewers held at Ely these following Laws were made viz. 1. That the defects in Popham lode shall be amended 2. That for the safeguard of the grounds in Welle by which the said Lode must passe there be on either side of the same a sufficient Crest made extending from the Causey of Upweâ—l to Welle river at North delph and the said Crest or Bank to be six foot from the plain ground and in bredth at the top six foot and in thicknesse at the bottom xviii foot And that the said River be scoured and cast two foot more in depth than it then was With Indikes of x foot in bredth and four in depth and two convenient Pipes or Sluses at its fall at North delph into Welle River 3. That a Bridge of stone be made at the head of the said River by the Causey aforesaid over the said Lode of x foot broad with Sluses in the three Arches thereof 4. That four pair of Barrs be set up to keep Cattel from coming on the said Banks 5. And that Welle River from Mullycourt to Salters lode be made above 50 foot wide By virtue of which Law the River called Popham lode was again taken in hand upon the first of August ensuing and cast two foot deeper Soon after this viz. on the xxiii of the same month in a Session of Sewers held at Ely the Commissioners taking into their consideration that whereas part of the main River dividing the County of Huntendon from the Isle of Ely called the West water had used to fall by and through Sutton lode and thence by sundry Lodes to Cannol lode and so into Welney water neer Littleport all which Lodes by sundry annoyances and negligences were become almost altogether unprofitable to the Country c. to the great damage of all the Towns lying on the South side of the said Isle and sundry Towns in the Counties of Cambridge and Huntendon they ordered and decreed that all the said Lodes should be clensed And also that one antient Bank on the East side of the West water extending from Erith to Sutton lode end and so to Mydelmore stampe should be raised four foot from the Level of the ground thereabouts and made ten foot in bredth at the bottom and 3 foot at the top by the owners c. â—f the said grounds And one other Bank lying by the said Westwater upon Mydilmore and another at the South thereof in South Medland extending it self from New ditch c. to be made of the height and bredth aforesaid by the Inhabitants of Sutton abovesaid And that another Bank lying partly by the said Westwater extending from the â—outh end of Abbots Holload house bank to Holload gate at the miles end and so by the Westwater in North Medland unto Sutton lodes end aforesaid tâ—ence to Mydilmore stampe thence by Shakpole lode so to Manny Mandolegate to Hunlode gate to be repaired as aforesaid by the Inhabitants of Sutton Mepall abovementioned About that time twelvemonth there was another Session of Sewers held at Wysebeche viz. sexto Iulii 8 Iacobi where Iames Hawe Gentleman Edmund Gawsell Gent. and others presented as followeth Inprimis we find not by any Record c. that the River of Well from North delf pingle unto Salters lode hath at any time within the memory of man been ditched But we find that it hath been twice enlarged by the Inhabitants of Marshland and the Town of Wiggenhall and the Landholders of North delf pingle viz. in the sixt year of K. Henry the 1. and at the erecting of New Powdich c. And we likewise find that in 18 Eliz. there was 24 foot of ground lying on the South side of the River next Salters lode granted to the InhabitaÌ„ts of Marshland the Town of Wiggenhall whereof xii foot was digged next to the river for the erecting of a Bank to amend the Pow dich in time of necessity In full satisfaction whereof the said Inhabitants of Marshland and Wiggenhall with the Landholders aforesaid did grant to widen the River there xii foot Which Grant was then decreed by a Law of Sewers for perpetuity c. We likewise say that Popham Ee doth and is likely to bring much more water to the River of Welle from North delf to Salters lode than hath usually passed that way within the memory of man Upon which Verdict ensued then and at that place these Orders made by Sir Iohn Peyton Sir Miles Sandes and other his Majesties Commissioners viz. That the ixth of August next following a view should be taken by the said Commissioners of the River between North delf and Salters lode and upon the same view a Law made for the widening diking and making it of such widenesse and depth as the said Commissioners should think fit to be done at the charges of the Country of Marshland the Town of Wigenhall and the Landholders of the hundred and odd Acres in Stowe and the Landholders of North delf pingle And that the said Landholders c. shall be thereupon free from any charge toward Popham Ee. Upon this view it was likewise agreed that the River from North delf to Mathew Bales and xl pole lowerâ— should be made xxx foot wide which was done accordingly The next year following at a Session of Sewers held at Stow brynke in com Noff. upon the xx of May it was thus ordered by the Commissioners that the Undertakers and their heirs should have power to drayn all the grounds mentioned in the Act of 4 Iac. formerly mentioned through the Pipe called Coldham gote which lyeth under the Bank of Elme leame and so through a piece of ground lying between the said Leame and a Bank leading from Fryday bridge to Bishops dike and so till it come over against a Dike between the lands in Oldfield and Needham Thence betwixt the lands in Oldfield and Say's field on the one side and Needham bank and Thornedike on the other side and so to Old lode called Chapell lode Thence through Greendike Thence to the Bridge neer Bâ—aupre Hall Thence to Stonhamslile and so to Boys fen gate Thence unto Bedingfield Barrs and so to Hook gate and thence to Staple were at the Bank of Ouse This was called Coldham and Waltersey Law In pursuance whereof the Dikers set upon the work upon the Wednesday then next following And upon the second of August the Maâ—ons began the Pipe under UUelle River which was finished upon the Tuesday after Michaelmass day After which within a few dayes viz on Fryday ensuing the Masons began the Sluse at Stow for Coldham And upon Saturday being the xxith of September the Commissioners took view for Mr. Bell in Stowe and UUelle for the low grounds between Popham lode and the new Powdike All things therefore speeding on so well upoâ— Thursday following it being the
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
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
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
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
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
Thomas Beaupre for as much by Iohn Fincham also for half a mile by the Abbot of Ramsey for the like proportion by the Prior of Walsyngham for three miles and by the Prior of Lynne for three furlongs unto the end thereof Wide lode ought to be clensed by the Town of Welle for half a mile by the Prior of Thetford and the Heirs of Bekeswell for xxv furlongs and by the Prior of Lewes for one mile Old Smal lode beginneth from Wide lode and ought for the space of half a mile to be repaired by the Bishop of Ely and by the Abbot of Dereham and Iohn Aylesham by the space of half a furlong Webwinch lake ought to be clensed by the Abbot of Ramsey for the space of two miles The Town of Welle ought to scour from the Sholle of Outwell for the space of half a mile thence the Prior of Lynne unto Mullicourt for one furlong and thence the Prior of Lewes for one mile and more The Bishop of Ely and Iohn Ailesham ought to scour the water-course from North delf unto Salter's lode for the space of half a mile and the Bishop of Ely alone for two miles and more The Lord Scrope ought to clense the Chanell from Darsey lode to Manytownsend for the space of one mile Cock's lode beginneth at Hunney Corner and continued to Manyfeld's end and ought to be clensed by the Abbot of Ramsey and from Mannyfeld's end to Harry Mace's Cote by the Lord Scrope unto Maney lode The River of Nene hath its rise above Northampton and cometh to Peterborough bridg and thence to a certain place called Noman's land and there entreth into South Ee which is distant from Peterborough xiiij miles by estimation Which River ought to be scoured and clensed by the Abbots of Peterborough and Thorney but was not And from Noman's land to Dowesdale by the Abbots of Crouland and Thorney for the space of four miles And from thence to Clows Crosse on the South side by the Abbot of Thorney and on the North by the Abbot of Crouland with the Towns of Holbeche Fleet and Sutton for six miles The River of Wailand beginneth above the Town of Stamford and runneth unto the Triangular bridge at Crouland and thence one part thereof passeth unto Spalding Ee and the other to Nomans land some say that it did antiently râ—n into a certain Fen belonging to the Abbot of Crouland called the Pricmote alias Possons in Lincolnshire and so to the Sea but now that current being stopt it runneth by the South Ee unto Clows Crosse and so to Guy hirne Furthermore betwixt Shepelode and Salterslode there is a Sewer called Thefe lake which ought to be repaired by Thomas Gawsell unto the great River at Salterslode it lying on the West side of Salters lode about half a mile distant Also there is another Common Sewer called Stremelake lying betwixt Shiplode aforesaid and Salters lode which ought to be clensed The Fen betwixt Crekelode Welle and Salterslode ought to be repaired by the Town of Denver for the space of six furlongs and more There is also a Common Sewer called antiently Denver hithe now stopt by the Lord Berkley and the Town of Denver which containeth one furlong and more After this viz. in 2 Edw. 6. at a Session of Sewers held at Upwell upon the Monday next after the Feast of the Nativity of S. Iohn Baptist by Geffrey Colvile Edmund Reaupre Thomas Dereham Richâ—rd Everard and Iohn Willoughby Esquires Iames Hawes and Iohn Schuldham Gentlemen the Jurors presented upon their Oathes that by the great abundance of fresh waters yearly descending from the Counties of Norff. Suff. Cambr. Bedf. Hunt North. Rutl. and Linc. by and through two great Rivers viz. Ouse extending from Cambridge unto Ely thence to Lytilport Chaire thence to Sotherey thence to Helgay thence to Fordham thence to Denver thence to a place in Dounham called Salters lode thence to Wymbotesham thence to Stow-Bardolf and thence unto the North Seas at King's Lynne in the said County of Norff. And the other great River called the great Ee extending from Peterburgh in the said County of Northampton unto Ramsey thence to a certain Sewer or decayed River in March in the said County of Cambridge called great Crosse thence to a certain decayed River or Sewer called Creke lode in March aforesaid thence into another decayed River or Sewer called the New Leame in March aforesaid thence unto a certain place in Upwell aforesaid called Shewysnest poynt and there the said River dividing it self into two Branches whereof the one returneth South Eastward and is called the South branch unto a certain old decayed Sewer in Welney a Hamlet of Upwell aforesaid called Mayd lode thence unto another old decayed Sewer between Welney aforesaid and Lytilport in the I le of Ely called New dike and Creek lode in Sotherey aforesaid thence unto Lytilport Chaire aforesaid and so to the aforesaid great River of Ouse and so to the North Seas at K. Lynne And the other Branch descending North East ward called the North branch from the said place called Shrewysnest point unto a certain place in Outwell aforesaid called Outwell Sholle thence Southward unto a certain place in Dounham aforesaid called Northdelf thence Eastwards unto Salters lode into the said River of Ouse there is yearly drowned within the Towns of Upwell and Outwell aforesaid eight thousand acres of Marish and Pasture grounds over and besides the great damage unto four several Infields of the same Parishes called Plawfield Kirkfield Budbech and Sandyfield to the number of 1600 acres and to the Houses of the Inhabitants of the same Parishes to the number of 300 Housholds were not the same fields and houses defended by great Banks Dikes and Crests made for their safeguard to the great impoverishing of the said Inhabitants specially by the said waters descending by the said great Ee from Peterborough unto Ramsey thence to March so to Upwell and Outwell and thence to the North Seas at K. Lynne forasmuch as the most part of the water of the said great Ee sometimes was conveyed unto the North Seas at Wisebeche by the said decayed Rivers in March aforesaid called Great Crosse Crekelode and the New Leame whereof the farthest River called great Crosse passeth not in distance from the said great Ee in March aforesaid to the said Town of Wisebeche ten miles And the said lode called Crek lode in March aforesaid is not in distance in length from the said great Ee unto the said Town of Wisbeche but six miles and a half And the said New Leame but 5 miles and a half from the said great Ee unto Wisebeche And now the water being forced to take in manner his full and whole course contrary wise from his natural and most ready fall at Wisebeche aforesaid in form aforesaid is constrained unto the said Chapel in Upwell aforesaid called Shrewysnest poynt by reason of the decay of the said
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
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
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
is said that the water was turned into the Fen so as to go out of the right course into the Fen proveth plainly that there was no Watercourse through the Fen for the water to passe by And in An. 1 Mariae it was thus presented Et quod nulla persona abscindet Calcetum in aliquâ parte ejusdem sive aliquorum aliorum Calcetorum c. sub poena forisfacturae pro quolibet tempore sic factum vis viiid. And in the Convocation for Cowstowe .... the Jury say thus Dicunt etiam quod antiquo tempore antequam aquae Marisci descendebant versus Wigenhale Sed postquam aquae marisci desendebant versus Wigenhale nunquam fuit dictum fossatum aliqua salvatio c. Whereby it appeareth that antiently the waters of Upwell did not fall down towards Wigenhall and so by Lynne That there was a Mere in Welle called the Wide Robert de Swaffham in his Hist. of the Foundation of Peterborough under the title De gestis â—ncliti militis Herewardi saith that Hereward fleeing William the Conqueror cum navibus suis quas habebat benè armis munitas c. in quoddam mare Wide vocatum juxta Welle secessit magnum spaciosum lateribus aquarum liberos exitus habens The name and tract of which Meer yet remaineth in the Fens of Upwell Wide lode being ordained to be clensed by the same Law that Small lode was That the waters had their course from Gnat lode towards Welle The tract to this day sheweth it for the Presentment by which Small lode is so much urged saith that Gnat lode incipit apud Hawkyns bright durat usque Fowr lodes end The Crosse end of Gnat lode was Docky lode which fell into Widelode and in the same Presentment it is said that Wide lode was in length a mile and a half and xv furlongs and that old Small lode incipit à Wide lode and continued towards Welle to a place of late called Crosse-water against Nurses viii acres end by the space of half a mile and half a furlong and there fell into Cheselbeche lode alias Small lode and from Seman's goole came into the River a little below Upwell Church Other Branches there were all tending their course towards UUelle and so to the North Seas at UUisbeche as UUebwinche lake UUell meere Audley lode UUabeche lode Chesebeche lode Twane lode Saltham lake c. as may seem by the tracts of many of them in the Fens of UUelle So much be spoken touching the old course of the River of Ouse and of the other Lodes and Meers which by reason that the outfall at Wisebeche hath been for a long time much choak'd up with silt are not now well known to the vulgar and therefore I have thought it not impertinent to leave this memorial of them to posterity I now return to the general Drayning Upon the xxiiij of February in the said 15 year of King Iames there was a Session of Sewers held at Huntendon and these following Decrees then made viz. 1. First that the great River of Wisebeche from the Sea to Wisbeche bridg thence to the mouthe and so to Gyhyrne Crosse be clensed to the antient bredth and old bottom viz. from the Sea to the Mouth by the Hundred of Wisebeche thence to Guyhyrne Crosse by the Bishop of Ely before the xxth of Iune then next ensuing upon pain of 3s. 4d. for every perch not perfected by that time 2. That Morton's leame be accordingly scoured c. from Guy hyrne Crosse to Midfentre by the Hundred of Wisebeche for their Common in the High Fenn thence to Musdyke by the Inhabitants of Wittlesey thence to Stanground staffe by the heirs or assigns of Sir Anth. Mildemay before the xxth of Iuly next upon the like penalty 3. That the Old Ea from Clay lake unto Middle honce hard at Bull dyke end neer Peterborough be in like sort clensed c. by the Dean and Chapter of Peterborough Thence to Thorney Cross by the Lord of the Cokenary of Wittlesey or the fermour thereof 4. That the Sewer called Catts water from Thorney Cross to Fynset Cross be clensed c. by the Lord Russell or his Tenants for the Lordship of Thorney on the East side and on the West side by the Bishop of Peterborough And to Tooth willow thence to Henny dyke and Perkyns coat by the said Lord Russell before the xxth of Aug. next 5. That Thorney water from Blackstile to Thorney gote and thence to Powteshed and so to Wryde ware by the said Lord Russell his Tenants c. From Wryde ware down Wryde lake unto High fen dyke by the Commoners in Wisbeche high fen before the said xxth of August 6. That the River called High fen dyke and South Ea being also a branch of â—ene be scoured c. from Guyhyrne crosse unto Clow's crosse in bredth xl foot and depth six foot by the Towns of Wisbech Leverington Newton and Tyd S. Giles And from Clows crosse to Halgates by the Landholders of Sutton cum membris and Tyd S. Maries their Tenants c. on the North part and the Lord of Throkenholt on the South before the said xxth of August 7. And from Hallegates to Goldyke by the Inhabitants and Landholders of Gedney and Sutton cum membris so far as their limits extend on the North part and by the Inhabitants c. of Sutton c. wholy on the South part And from Goldyke to Dowsedale on the North side by the Inhabitants c. of Whaplode Holbeche Flete and Gedney every Township so far as their particular lymits extend And on the South side by the Lord and Owners of Thorney c. And from Dousedale to Nomans land on the North side at the Prince his charge for his lands in Crouland and on the South by the Lord of Thorney 8. And that the River of Weland from the Sea to Crouland and thence to Stamford bridge be sufficiently clensed c. before the 20th of Iune aforesaid And that the out-ring banks from Dousdale to Crouland in length 4. miles be amended at the charge of the Prince or his Tenants of Crouland And the Bank from Crouland to Clout house 3. miles in length be amended at the charge of the said Prince That Lx. Rods thereof be repaired by Rob. Chapman Clark and several other small proportions of it by other mean persons 9. And whereas the two Rivers of Ouse and Grant do pour down so much water that the Chanel below Harrymere where they unite cannot contain the same but hath been supplied by the Sewer called the Old Ea and by another Sewer called Padnall lake which Sewers being crooked and narrow were almost grown up and that the Commissioners for supplying the said defects had make two Laws of Sewers the one dated 9. Iunij 1609. the other the 8th of Aug. in the said year and thereby appointed two larger Sewers neer the said places and
presently begin the same and finish it so as to make the grounds fit for Meadow Pasture or â—arable within the compass of six years from 1 Oct. following unless the Commissioners should approve the cause of deferring it any longer 2. That suddain overflowings in places remote from the Out-falls should not be adjudged a not Drayning nor Meers Lakes Pooles and Forelands left by Art and Approbation for Receptacles Nor any part of the ground out of which he was to have his proportion 3. That there should be 95000. Acres set out by six Commissioners respect being had to Commoners accommodations before Michaelmass then next following 4. That the Earl and his associates might be incorporated for ever to make Laws Ordinances and Orders and to have power over the lands assigned but no other towards the maintaining of the works 5. That the whole 95000. Acres should be lyable to the first finishing of the work and 40000. towards the maintaining and the 40000. to be subject in case of neglect to the Commissioners of Sewers 6. That when 30000. Acres should be finished the Earl to have his proportion out of it 7. That the private Indikes for partition be made by advice of the Earl and by direction of the Commissioners 8. That the Commissioners shall set out convenient High-wayes and passages by land throughout the Levell 9. Provided that the Port and Haven of Kings Lynne be preserved and the Navigation Passage and High-wayes in upon or about all the Navigable Rivers namely Ouse Grant Neene Welland and Glene to be preserved and no prejudice annoyance hurt or hindrance to be done to them And if any such prejudice annoyance hurt or hindrance upon complaint thereof and of the Commissioners whereof the Vice-Chancellour of the University of Cambridge ....... shall be 3. if they will be present to return abate ....... and amove all such prejudice annoyance c. so that the antient Navigation passages and High-wayes may be preserved 10. For the safety of Holland and Hundred of Wisbeche Clows Crosse Drayn to be kept within soyl or Banks and in case of any prejudice then six Commissioners to reform the excesses and the Earl to make recompence 11. That the new Rivers Cutts and Dreyns the Banks Forelands and inside of the Banks not exceeding 50. or 60. foot to be the Earles paying such recompence as the Commissioners should think fit the old ones to remain as they were 12. No passages upon the Banks but for the towing of Boats 13. That the Earl might take Earth dig Drayns and Cutts upon the lands next adjoyning making recompence 14. That the Commissioners should assist the Earl to suppress ryots insolencies and disturbances 15. Such as should receive benefit by the work and yet no parties to it if their land be taken within the allotment of the 95000. Acres to pay to the Earl as the Commissioners shall assess upon pain to forfeit double 16. That the Earl might hold the 95000. Acres in free socage at xl per annum fee ferm and if any other Rents be issuing that pay be charged upon other lands 17. That the King should release any benefit which by the Law of Sewers made 19. Iac. or by any other law might accrue to him and approve of this Law and that it may be confirmed by Decree in Chancery and Council of State and by Act of the next Parliament 18. That 12000 of the 95000 acres be assured to the King for his Royal assent and laid out upon the lands belonging to the Manour of Whittlesey and the Marshes there adjoyning 19. And that for allotments out of small parcels lesse than 30 Acres there the Earl to divide and accept what 6 Commissioners should assess These things being thus setled the said Earl taking in divers Adventurers as Participants with him therein they cast the whole so allowed for their recompence into twenty parts or lots each lot consisting of four thousand Acres whereof himself was to have three shares or lots Oliver Earl of Bullingbroke one Edward Lord Gorges one Sir Robert Heath Knight one Sir Miles Sandys Knight and Baronet two Sir William Russel Knight and Baronet two Sir Robert Bevyll Knight one Sir Thomas Terringham Knight two Sir Philibert Vernat one William Sams Doctor of Law one Anthony Hamond Esquire two Samuel Spalding Gent. one Andrew Burwell Gent. one and Sir Robert Lovet Knight one And thereupon he the said Earl and those his Participants did by Indenture of fourteen parts covenant with each other that if any one of them or their assignees after notice should fail in the payment of such moneys as from time to time should be imposed on them in pursuance of that agreement for carrying on the said work that then it should be lawfull to and for the rest of the said parties or their assignes to supply the same or to admit some other person or persons to have the share of such defalture paying the sum imposed on the said share and that all such parties as aforesaid by himself or his assignes so failing should be wholly excluded and for ever debarred from demanding or receiving all or any such sum or sums of money as any such person or persons had formerly disbursed for and towards the said undertaking VVhich agreement so made the said Earl and his Participants or such unto whom several proportions of those lots or shares were by them assigned began the work and in order to the carrying off the superfluous water wherewith the Level was so much annoyed caused these several Chanels to be made viz. 1. Bedford River extending from Erith to Salters lode Lxx foot wide and xxi miles in length this being intended for taking off the high flouds from the River of Ouse having at each end thereof a Sluse of great strength 2. Sam 's Cut from Feltwell to Ouse being about six miles in length and twenty foot in bredth 3. A Cut to drain the River of Mildenhall in Burntfen neer Litleport two miles long and fourty foot wide 4. Bevill's Leame being a Cut from Witlesey meer to Guyhirne about ten miles in length and xl foot in bredth 5. Morton's Leame before-mentioned new made 6. Peakirk Drayn ten miles in length and 17 foot in bredth 7. New South Ea from Crowland to Clows crosse 8. Hill's Cut neer Peterborough about two miles in length and 50 foot in bredth 9. Shire Drayne from Clows crosse to Tyd and so unto the Sea Moreover besides these Cuts and Drayns he caused two Sluses to be made at Tyd upon Shire Drayne to keep out the Tides as also a Clow at Clows Crosse for the fresh water And likewise a great Sasse on Welle Creeke with a Stone Sluse at Salters lode upon Bedford River to keep out the Tides and Sluses at Erith for the fresh But above all that great Stone Sluse below Wisbeche at the Horshoo to hold the Tides out of Morton's Leame which cost about eight thousand pounds And to the end they
said bank to take care of it's amendment In 34 H. 6. Sir Iohn Fortescu Knight then chief Justice of the Kings bench Iohn Fylolle Thomas Burgoyne Walter Grene Iohn Harpour Robert Tanfeld Will. Chadworth Thomas Cornwalys and Thomas Croxton were appointed Commissioners for the view and repair of the banks c. lying betwixt S. Katherines Mill before mentioned unto the Chapel called S. Marie Matfelone thence to the Church of S. Dunstans in Stepenhithe thence to the Church of S. Leonard in Bremley thence to the River of Leye thence to the Thames and so to the said Mill And to make Laws and Ordinances according to those of Romeney marsh The like Commission in 7 E. 4. had Thomas Abbot of Graces neer the Tower of London Thomas Urswyk Thomas Frowyk Esquire and others In 14 E. 4. Sir Thomas Urswyke Knight Iohn Elryngtone Thomas Frowyk Will. Essex and others were assigned to view and take order for the repair of all those banks c. lying betwixt the Tower of London and the Town of Stratford atte Bowe and to proceed therein by making Laws c. and otherwise according to the Laws and Customes of Romeney marsh In 20 E. 4. Thomas Bishop of London Edmund Abbot of Graces Will. Wirsley Dean of Pauls Sir Iohn Elryngton and Sir Thomas Frowyk Knights Richard Gardener and others had the like assignation for those betwixt the Town of Lymeostez and the wall called Black Wall So also in the same year had the said Thomas Edmund and William together with Henry Sharpe Dean of the free Chapel of S. Stephan within the Kings Palace at Westminster Iohn Harding Master of the Hospital of S. Thomas of Acon in the City of London Sir Iohn Elryngton Knight Sir Thomas Frowyk Knight Richard Gardner and others for all the banks upon the River of Thames and Leye betwixt the metes and bounds of the City of London and the bridge of Stratford atte Bowe on the North and West side of those Rivers and the Road-way which lyeth betwixt White Chapell parish and the Town of Stratford atte Bowe before-specified CAP. XVI Marshes in the Suburbs of LONDON AND that some places in the very Suburbs of the City of London it self have originally been Fenny and Moorish though now by no small industry and cost equalling the chiefest which were naturally otherwise is apparent from undoubted testimony Fitz Stephan who lived above five hundred years since speaking of that place now called Moore Fields saying thus Cum est congelata palus illa magna quae moenia urbis Aquilonalis alluit exeunt lusum super glaciem densae juvenum turmae c. When the great Fen which watereth the walls on the North side of the City is frozen multitudes of young people go to play upon the Ice Some taking a little room to run do set their feet a good distance and glide a great way Others sit upon thick pieces of Ice as big as Mill-stones and being drawn by many who hold hand in hand when the foot of one slippeth they all tumble down together But others more expert in sporting thereon fix bones under their heeles and taking a Pike-staff do shove themselves forward with so much force that they glide with no lesse swiftnesse than a Bird flyeth or an Arrow passeth out of a Bow This Fen saith Stow stretching from the wall of the City betwixt Bishops-gate and the Posterne called Cripple-gate to Finsbury and to Holy-well continued a waste and an unprofitable ground a long time so that the same was all letten for four Marks the year in the reign of King Edward the second But in the year MCCCCxv 3 H. 5. Thomas Fawconer Maior caused the wall to be broken towards the Moor and builded the Postern called Moore gate for ease of the Citizens to walk that way upon Causeys to Iseldâ—n and Hoxton Moreover he caused the Ditches of the City and other the Ditches from Shores-ditch to Deepe Ditch by Bethlem into the Moore ditch to be newly cast and clensed by means whereof the said Fen or Moor was greatly drained and dryed And in the year MDxij Roger Atchley Maior caused divers Dikes to be cast and made to drain the waters of the said Moore fields with bridges arched over them and the grounds about to be levelled whereby the said field was made somwhat more commodious but yet it stood ful of noysome waters Whereupon in the year MDxxvij Sir Thomas Seymour Maior caused divers Sluces to be made to convey the said waters over the Town ditch into the course of Walbrooke and so into the Thames and by these degrees was this Fen or Moore at length made main and hard ground which before being overgrown with Flaggs Sedges and Rushes served to no use Nor was the ground in Fleetstreete and thereabouts long since much better than a Marish for the same Author saith that in the year MDXCv he observed that when the Labourers had broken up the pavement against Chancery lane end up towards S. Dunstan's Church and had digged four foot deep they found another pavement of hard stone more sufficient than the first and therefore harder to be broken under which were in the made-ground piles of Timber driven very thick and almost close together the same being as black as cole and many of them rotten And now to manifest that not only the Law but the usual practice is where disobedience or neglect hath been found in those as be chardgable with the maintenance of any Banks or Sewers made for the common defence of such Marshes as are in danger of surrounding that coercion is to be exercised for the performance thereof I shall here exhibit the testimony of a Decree made in a Session of Sewers held at Ilford in Essex 19º Aprilis Aº 1639. which reciting an Ordinance made in the like Session at Ilford before-specified for raising the summ of seventeen hundred and six pounds for repairing a breach in the Banks or Marsh-wall of Bromley marsh in this County whereby ninety four Acres of land were surrounded and the neglect of certain persons therein named to pay their proportion thereof which were assessed upon them a Lease for xli years was made of several parcels of ground belonging to those so neglecting unto others at the Rent of one pepper corn yearly CAP. XVII HAving now done with the Marshes in Middlesex I come to those in Essex which Counties are divided by the River of Lye antiently called Luye Of this River it is memorable that the Danes in the year of Christ 894. and 23 of King Alfred's reign sayled up it with their Ships and built a Castle on the Bank thereof about xx miles from London Neer which the Londoners giving them battail and having the better of the day put them to flight so that they were constrained to flye to that Hold whereof the King having notice he caused this River to be cut into three branches to
the end that they might not get their ships back who discerning what was done left them and fled towards Severne That which is here called a Castle is supposed to be some Fort made at or neer Hartford situate upon the Bank of this River for before the tides were kept back at Stratford Bowe by a large Sasse there made to keep the levell above it from drowning no question but that they flowed above Ware and brought up small Vessels neer to Hartford there being betwixt Ware and Hartford a Hill which to this day beareth the name of Shipman's Hill and a tradition of the Country people that ships did in antient time lye at Anchor in that Valley The first mention wherewith I have met concerning the Marshes of Essex is in King Iohn's time Roger de Crammavill being then attached to shew cause why he did not stand to the determination made in the said King's Court by a Fine betwixt himself and the Prior of S. Iohns of Ierusalem touching the Banks Gutters and Ditches to be made in Renham marsh at which time the said Prior produced the before-mentioned Fine so made betwixt them which testified that the said Roger did then agree that he and his heirs would make and repair those Banks c. according to the proportion of his Land in that Marsh so that every Acre which the said Roger did possess should be taxed as those that belonged to the Prior. And the said Roger came and acknowleged the agreement and justified that he had fully made those Banks according to what belong'd to his Tenement and thereupon put himself upon the view of those who knew the Laws of the Marsh. Upon complaint made to the King in 8 E. 1. by the Abbot of Stratford that whereas he did use yearly to repair the Banks and Ditches of the Marshes of West-Hamme as often as need required for the preservation of his Lands and the Lands of his neighbours lying within those Marshes againts the over-flowings of the Rivers of Thames and Luye and that his said neighbours did neglect to do the like for what belong'd to them the said King directed his Precept to the Shireeve of Essex commanding him to distrain all those that were faulty therein to the end that the said Abbot might have contribution in that behalf In 15 E. 1. Iohn de Lovetot and Will. de Lamburne had Commission to view and repair the Banks and Ditches in this County upon the side of Thames and parts adjacent then in decay and to enquire through whose default they became so ruinous In 20 E. 1. the Abbot of Stratford made a new complaint to the King in the like manner as abovesaid Whereupon the said King required the Shireeve to distrain all those who were obliged to such repair of their Banks and Ditches and had not accordingly done their duty therein as also those who did refuse to contribute to the said Abbot according unto their due proportions In 31 E. 1. Walter le Baud Richard de Perneford and Iohn de Dovor were assigned to view and repair the Banks Ditches c. in this County and those at Wolwyche in Kent The like Commission had Iohn le Bretun and Will. de Wauton in 34 E. 1. for those in Essex only Several other of the same kind for this County only were in King Edward the second 's time viz. to H. Spigurnell Iohn de Dovor and Iohn de Malegraffe in 3 E. 2. To Walter le Baud Will. Fitz Robert and Iohn de Norton in 6 E. 2. To the same William Henry Gernet and Thomas Dakenham in 7 E. 2. To Will. de Hanyngfeld Iohn le Burser and Thomas de Ultyng in 8 E. 2. To Nich. Frembaud Henry Gernet Iohn de Davor and Richard Bastard in 9 E. 2. In 14 E. 2. Henry Grene Iohn de Dovere and Thomas de Chene had the like Commission for the view and repair of the Banks c. at Renham Benington and Alvitheley In 17 E. 2. Iohn de Doure Robert de Ashele and Nich. de Scotford the like for all the Marshes upon the Thames in this County So also had the said Iohn Iohn de Wydefeld and Walter de Hegham for the Banks c. betwixt Stretford atte Bough and Est-Tilbury and the parts adjacent In 18 E. 2. Iohn Boteler and Iohn de la Hay were appointed to view a certain Causey betwixt Maldon and Hebrugg under which through an arch the fresh waters had used to run into the Sea which waters were then stopt And likewise to view and repair the Banks c. in the Marshes of Esthamme in Essex and Wolwiche in Kent So also in 5 E. 3. had Robert de Rochford and Will. de Stanford for all the Banks c. within the Hundreds of Densey and Rochford In 10 E. 3. Henry Gernet and his fellow Justices assigned for the view and repair of the Banks c. on the Coast of Thames in this County sate at West Hamme on Wednesday being the Feast of S. Edmund the King where the Prioresse of Stratford made complaint before them that Will. de Masun Bayliff of the Marsh of Westhamme had distrained her for Cs. for the repair of a certain Bank called the Prior's Wall for she said that she neither had nor held any land nor ground in the said marsh for the which any wall ought by her to be repaired and therefore required judgement But she said that one Iohn de Covele long ago viz. in the time of King Henry the third held in the said Marsh as of the fee of Muntfichet which then belonged to Sir Iohn de Handlo fifty acres of land together with the said Bank then called Coveles Wall and a certain piece of Pasture called the Hope lying neer the said Bank without the precinct of the said Marsh viz. between the same Bank and the course of the River of Thames which land together with the said Bank of Hope were before that time ever assessed together for the repair of that Bank whensoever it stood in need And the said Iohn de Couele being so seized aliened the said Bank and Hope to Robert le Ku to hold to him and his heirs for the repairing and maintaining of the said Bank for ever the said Hope then being sufficient for the Pasturage of six Kine as it was reported And afterwards the said Iohn de Couele long before the Statute entituled Quia emptores terrarum sold the said Land by parcells to divers Tenants to hold to them and their heirs of him the said Iohn and his heirs for a certain yearly Rent and sute of Court to be thereupon performed And afterwards the said Iohn did wholly sell from himself and his heirs all the demesn of the before-specified Tenements together with the whole Rent and service which he had wont to receive of his said Tennants unto one Simon de