Watlington be kept in bredth 12 foot and in depth 6. and the menure cast out of it to be laid upon the Causey on the North part therof for the raising of the same Causey That the Were Bank lately made by the Inhabitants of Walington extending from the great River at Bells drove to Moynes crost leaving in the midst of the Old Ea a Wast to be made of iime and stone 3 foot square and a sufficient Drayn from the same to Geris dam be sufficiently maintained That the Townships of Runcton holme and Watlington do make a Drain from the Pipe lying between Bells drove and Flemings hive to the great Lake of 8 foot wide and 4 foot deep That those which ought to amend the Drains neglecting for 14 dayes the Dike Reeve to perform the work taking for for every peny laid out 3d. Thaâ— the Causey called Fleming hive lying in Runcton holme be made in bredth 16 foot and in height 5 on the North side That Thorpe land gole be maintained 9 foot in bredth and in depth 4. That Stow goole alias Hirne gole be made in bredth 8 foot and in depth 4. That the Sea-banks from Stow bridge to the division between Stow and Dounham be in bredth on the top 8 foot and in height one foot higher than the highest Water-mark That the Drayn in Wimbotesham extending from Midlâ—tons house to the Parsonage be 3 foot broad and 2 foot deep thence to Inghams Corner 5 foot broad and 3 foot deep and thence to Wimbotesham gole in bredth 8 foot and depth 5. That the Drayn in Downham on the East side the River of Ouse extending from Bydewells to the great River be made from Bydwell to Goodcrosse in bredth 3 foot and depth 2. From thence to the Goole dich in bredth 8 foot and depth 4 and from thence to the great River in bredth 10 foot and depth 5. That the Drayn in Dounham by Yerning ditchs extending to Tullymore in Denver be made in bredth 8 foot and depth 5 and the Gool belonging thereto to be repaired That the Banks on the East side of Ouse from Dounham goole to Denver hithe be 6 foot broad at the top and one foot higher than the highest Water-mark That all the Banks of the said River from Denver hithe to West lode and thence to Gunnels lode be on the top 5 foot broad and one foot higher than the highest Water-mark So likewise on the North side of West lode alias Wyssey River extending from Gunnels lode to Shippen lode And from Shippen lode to Helgay bridge to be 12 foot at the bottom 6 foot at the top and in height equal with Helgay Causey And in the seventh year of King Iames the Sea having made a very great breach betwixt the Towns of great Yarnmouth and Happisborow in this County of Norfolk and overflowed and drowned much hard grounds besides the greatest part of the Marshes and low grounds within divers Towns and Parishes not only of this County but also of Suffolk there was a special Act of Parliament then made for the issuing out of Commissions under the great Seal of England for the Survey and view thereof and using such other means for the speedy recovering of them as by the said Act are particularly directed CHAP. XLVI IN 6 H. 3. complaint being made to the King that the Sea-tides had overflowed a great part of Dunwich and the Lands adjacent as also that they did daily encroach more and more thereon so that farther damage was like to happen in case something were not done therein he issued out his Letters Patents unto all the Earls Barons Knights and Freeholders of this County affectionately desiring them that they would apply a proper and speedy remedy thereto And in 3 E. 1. the King directed his Precept to the Constable of Orford Castle that for the better defence of Orford marsh he should cause new Banks to be made where none were before and to repair the old ones in all places where they were defective In 18 E. 1. there was so great and suddain an inundation of the Sea at Gernemuthe and the parts thereabouts that it broke into the Houses and carried out much of their goods and Chests with money and Jewels as also Sheep and other Cattell out of the pastures many whereof were taken up by those who were not the proper owners of them Whereupon the King having information he constituted Will. de Gyselham and Will. de Redham Commissioners to enquire in whose hands they then were and to cause restitution thereof to be made In 3 E. 2. Hervie de Staunton Iohn le Breton Ric. de Walsyngham and Thomas de Ingaldesthorpe were assigned to view the Sea-banks Ditches and Sewers in this County and to take order for their repair where need required The like assignation in 9 E. 2. had Robert de Reydone and Roger Sturmy for all those upon the Coast betwixt Ippeswiche and Donewich And in 31 H. 6. the Abbots of Leyston and Sybeton Thomas Brewes Iohn Harleston Will. Ienney Reginald Rous Iohn Strange and Richard Yakesley were appointed to make the like view from Amynesmere haven unto Rakewarebrigge and from Stonhill to Keyesbrigge and from Rakewarebrigge to Yoxford brigge and to make Statutes and Ordinances according to the Lawes and Customes of Romeney marsh c. as also to take up so many Diggers and other Labourers upon competent wages as should be necessary to be imployed in that work in respect of the great necessity in accelarating thereof for the avoidance of further mischief So also in 36 H. 6. were Sir Robert Corbet Knight Thomas Brewes Iohn Harlestone Henry Grey Reginald Rous and Henry Turnour CHAP. XLVII REturning now Westwards I come to Cambridgshire wherein the largest proportion of this spacious Fenny tract lyeth and in regard that the obstruction of the old natural outfall at Wisebeche not only of that great River Ouse wholy with Grant and likewise a branch of Nene then united to it but of divers Lodes and Lakes besides hath been both the Original and chief cause that the main Level became thus totally overflowed and consequently the occasion of such excessive pains and continual chardge aswell for the preservation of it from utter drowning as recovery of what was so under water I shall next take notice of the manifold endeavours and vast expences in that kind which have been used in order thereto as also of such dreadfull inundations from the Sea by reason of sundry violent tempests or of the same fresh waters which for divers ages have hapned in these parts In the year MCCxxxvi 21. H. 3. on the morrow after Martinmass day and for the space of eight dayes more so boisterous were the winds that the Sea being raised much higher than its usual bounds broke in at Wisebeche and other places of this Country ita quod naviculae pecora necnon hominum maxima
common Forland as before that time had been used upon which such carriages as should be necessary for the repair maintenance or making of those Walls might without impediment be made And likewise the said Jurors being in form aforesaid sworn did severally say that the Land-holders in the said Marsh called the Becard who ought to pay and contribute to the repair and maintenance of the Banks within those limits except before excepted had not any way by which they might go ride or drive to that Marsh nor from it except over other mens Lands or upon the Banks or Forland leading thence to and from the said Marsh. And they said that according to the Custome of the Marsh-law there in all such cases before that time used the Tenants of that Land at their pleasure might go ride and drive to and fro to the said Marsh and from the said Marsh over and upon the Forland of the Banks leading to the said Marsh and from the same And as to the number of Acres or partition of the Lands and Marshes c. within those limits except before excepted or of the certainty of the Land-holders and how much land every such Tenant had or held of the said Lands and Marshes within the said limits except before excepted the said Jurors did severally present the certainty thereupon according to the form and as it was contained in the Books of Sewers within those limits except before excepted then exhibited before the said Justices And thereupon the said Iohn Fogge Iohn Scotte and others to the number of eight of the said Justices forasmuch as upon their said view and inquisitions aforesaid made and taken in form aforesaid it evidently appeared to them that the said Lands and Marshes within those limits except before excepted were lyable to the danger of drowning by default in repâ—ir and maintenance of those Banks whereupon in short time inestimable damage might accrue unless a fitting remedy in that behalf were the sooner had and that all the Lands and Marshes within those limits except before excepted might very well be preserved and defended by the repair and support of those Banks and by the making of Sewers Ditches and Gutters in those Marshes from the danger of the Sea and the flouds of fresh waters to the great commodity of all the Landholders within those precincts except before excepted and that in default of such repair and support of those Banks and every of them all the lands and Marshes those excepted as aforesaid would be in peril of the Sea and easily overwhelmed to the inestimable losse of all the Landholders there whereby all those Tenants except before excepted ought equally to contribute to the cost and chardge of such repair and maintenance for the safeguard and defence of their lands and Marshes there from this peril and inundation viz. every one of them according to the proportion of what he held as his number of Acres and Perches of land there as in the said Marsh of Romeney according to the Ordinances Statutes and Customes thereof had and to that time used in the like case there had wont and ought to be done Considering besides that the said lands and Marshes lying within those limits except before excepted were never before setled under any certain and fit Statutes or Ordinances by any Authority for their secure defence and preservation And moreover forasmuch as the said King desiring seasonably to provide for the safeguard of this his Realm and chiefly for those parts upon the Sea-coasts in his Parliament held at Westminster the sixth of October in the xijth year of his reign and by divers prorogations continued till the first day of May in the xiiijth year thereof by the assent of the Lords Spiritual and Temporal sitting in the said Parliament at the Petition of the Commonalty of this his Realm then and there exhibited to him amongst other things ordained and constituted that several Commissions of Sewers should be issued out to sundry persons by the Chancelour of England for the time being throughout all the parts of this Realm where need should require according to the form of a certain Commission in a Statute made in the Parliament of Henry the sixth in Deed but not in Right King of England held at Westminster in the sixth year of his reign And that the said Commissioners should have full Power and Authority to make ordain and constitute Statutes and Ordinances and to perform all other things according to the power and effâ—ct of those Commissions as in the said Statute of the said xijth year published is more fully contained Whereupon the said King issued out his Letters Patents to the before-specified Sir Iohn Fogge and the rest of the Justices before-mentioned in form aforesaid the tenor of which Petitions and answers thereto and of the Statutes Ordinances and Customes of the said Romeney Marsh were contained in a certain Roll annexed thereunto Having also regard to the publick advantage and common profit aswell by virtue and authority of the said Statute published in the said xijth year as of the said Letters Patents as aforesaid hereupon made to the before-specified Justices in form aforesaid and other premisses that it would seem just and equal to them in this behalf and most consonant to reason to establish and ordain what should be most proper for the avoiding of the perils and damages abovesaid calling together such as the businesse concerned for the perpetual safeguard and preservation of the said lands and Marshes within those limits except before excepted by the assent aswell of all those Jurors of the Enquest aforesaid appearing before the said Justices who had lands within the limits aforesaid lyable to the said danger to be preserved in form aforesaid as also of very many Lords of Fees and other Land-holders there being on the said Friday at Lyde aforesaid in pursuance of the said King's Royal purpose for more advantage and lesse detriment the said Justices did provide make and publish certain proper and commodious Statutes and Ordinances for the King's people and especially for all the Land-holders in those grounds and Marshes within the said limits except before excepted not favouring any person therein to endure and be observed for ever as followeth First it was decreed and ordained by the said Iustices with the consent aforesaid that thenceforth and for ever there should be within the Lands and Marshes aforesaid within the limits aforesaid except before excepted two Bayliffs twenty four Iurats two Collectors and two Expenditors of the Land-holders within those limits except before excepted for the preservation safeguard and defence of the said Lands and Marshes except before excepted and of the Banks belonging thereto By the consideration of which said xxiiij Iurats ten or eight of them at least the said Lands and Marshes except before excepted ought to be governed kept defended and preserved from the peril of the Sea and inundation of the fresh maters by Banks
of Idel to Trent bank men rowing also with lesser Boats to look Swans over all parts of it betwixt Lammas and Michaelmasse And in like sort over Starr Carr and Axholme Carr insomuch as there was no lesse than sixty thousand acres of land thus overflowed by the said fresh waters The said King therefore being seized of this Island and of divers lands and waste grounds belonging to the same as also of and in the Chase called Hatfield Chase with Dikes mersh together with the Lordships of Wroote and Finningley in the County of Yorke all lying upon the same flat out of his Royal and Princely care for the publick good in regaining so great a proportion of surrounded land which at the best yielded little or no profit to the Common wealth but contrariwise nourished beggars and idle persons and having a Chase of Red Deer through a good part of this Fen which much annoyed and opprest the residue resolving by the advice of his Counsel partly for the easing of his chardge and increase of his revenue and partly for the improvement and reducing of so great a quantity of drowned and boggy ground to be made good Meadow Arable and Pasture for the general good did under the great Seal of England contract with Cornelius Vermuden then of the City of London Esquire by Articles bearing date the twenty fourth day of May in the second year of his reign the substance whereof was as followeth First that the said Cornelius should at his own chardge drain and lay the same dry beginning the work within three months after the said King should have agreed with those persons that had interest of common therein and finish it with all possible expedition That he the said Cornelius in consideration thereof should have to him and his heirs for ever one full third part of the said surrounded grounds to hold of the said King his heirs and successors as of his Mannour of East Geenwiche in free and common socage That he the said Cornelius should pay and satisfie to the owners of all lands lying within the same level and so surrounded such summs of mony as the said lands should be thought worth by four Commissioners whereof two to be named by the Lord Treasurer of England for the time being and the other two by him the said Cornelius That the work being finished there should be for the better preservation thereof a Corporation made to make Acts and Ordinances to that end as occasion should require consisting of such persons as he the said Cornelius and his heirs did nominate That within three years after they should be finished six Commissioners to be appointed viz. three by the Lord Treasurer of England for the time being and three by the same Cornelius his heirs c. to view them and estimate what the future yearly chardge might amount unto for the perpetual maintaining of them whereupon the said Cornelius to convey and assure the Inheritance of lands to such a value as might be thought sufficient to support that chardge And that whereas divers did claim common of Pasture in sundry of the said grounds it was agreed that the King should issue out his Commission under the great Seal of England to certain persons to treat and conclude with those Commoners by way of composition in land or mony concerning the same VVhereupon Commissions were accordingly directed to several Gentlemen of those Counties to treat and agree with all such as pretended right of Common within any of the Mannours above-mentioned which took effect with each of them except those of the Mannour of Epworth in this Isle But Sir Robert Heath being the then Attorney General exhibiting an information in the Exchequer Chamber against them three hundred and seventy who were all that at that time could be discovered to have right of common there came and submitted to such an Award as Sir Iohn Bankes the then Attorney general should make therein Who upon several hearings of all parties and their Councell made this Award viz. that of thirteen thousand and four hundred Acres belonging to that Mannour which was then to be drayned with the rest of the levell six thousand Acres should be allotted to the Commoners as their part or portion lying next to the Towns and so preserved for ever at the chardge of the said Cornelius Vermuyden and the remaining seven thousand and four hundred Acres to be set out in the remotest parts of those wastes to Sir C. Vermuyden and his participants for their third part and for the said late King's part in right of his interest as Lord of the soil which by consent was decreed in the Exchequer Chamber and possession thereupon established with the said Cornelius Vermuyden and his participants and to their assigns The agreement being therefore thus made this great work was accordingly begun and had so successful a progresse that with the chardge of fifty five thousand eight hundred twenty five pounds or thereabouts it became fully finished within the space of five years the waters which usually overflowed the whole levell being conveyed into the River of Trent through Snow Sewer and Althorpe River by a Sluse which issued out the drayned water at every ebb and kept back the tides upon all comings in thereof And now that the world may see what an advantage accrued to the publick by this noble though chardgable work I shall here from the before-specified Depositions observe First that since the drayning of Haxey Carr a great part thereof hath been sowed with Rape and other Corn for three years together and born plentiful crops That some part of the said Carr not worth above six pence an Acre per annum was after the said drayning worth xs. the Acre That several houses have been since built and inhabited in sundry places of the said Carr which formerly was drowned land So likewise in other parts of the levell That since the drayning the gounds are better worth xiijs. iiijd. an Acre than they were two shillings an Acre before That of ten Acres of drayned land fifty quarters of Rape seed have been gotten in one year and sold at xxxs. the quarter That of the said drayned grounds thâ—y have usually had three quarters and a half of wheat upon one Acre three quarters of Rye upon one Acre and eight quarters of Oats upon one Acre And for six years together seven quarters of Oats on one Acre That before this drayning the Country thereabouts was full of wandring Beggars but very few afterwards being set on work in weeding of Corn burning of ground thrashing ditching Harvest work and other Husbandry All wages of Labourers by reason of this great use of them being then doubled Hereunto I shall add what I find in that printed Relation before-mentioned viz. the State of the Case id est that the said Cornelius Vermuyden together with his participants and their assigns being in quiet and peaceable possession of what belonged to them by
distringendum per amerciamenta alio modo prout c. All which was by the Authority of the Common law id est the antient usage of this Kingdome as the learned Sergeant Callice well infers from the words dignitatis suae Regiae all Prerogatives being without limitation of time Now for the Statutes The first of these was in 6 H. 6. and this adds to the power of the said Commissioners for it gives them Authority to make Officers to take Accounts of their Expenditors to set Labourers on work and to rate the wages of such Labourers Then that of 8 H. 6. Cap. 3. which supplying the defect of the former grants power to the said Commissioners to ordain and execute the Statutes Ordinances and other things to be made according to the effect and purport of the said Commissions Next that of 18 H. 6. Cap. 10. which continueth the power of that Statute of 6 H. 6. for ten years longer the time first limitted therein being then expired Then that of 23 H. 6. Cap. 9. prolonging that of 18 H. 6. to xv years more Next that of 12 E. 4. Cap. 6. which not only addeth the like number xv years more thereto but enlargeth it to the Marches of Caleis Guynes and Hammes on the borders of France and Flanders Then that of 4 H. 7. Cap. 1. prolonging that of 12 E. 4. to xxv years more Likewise that of 6 H. 8. Cap. 10. ratifying the former Acts and giving power to the Lord Chancellor of England for the time being to grant out Commissions of Sewers into all parts of this Realm Next that of 23 H. 8. Cap. 5. in the Preamble whereof there are these words viz. the King nothing erthely so highly weighing as advancing of the CommoÌ„ profit wealth and Commodity of this Realm Whence saith the before-specified learned Sergeant it appeareth that the making of this Law was of all other thought to be most necessary and of greatest consequence the King preferring the same before any earthly thing and the King's care therein became his Royal person very worthily because by this Statute safety was brought to the Realm and wealth and profit to the people thereof In that Preamble 't is likewise observable First that Marshes and low grounds had formerly been by politick wisdome won and made profitable for the good of the Common-wealth Secondly that if more speedy and further remedy were not had and provided though divers provisions had been formerly made yet none of them were sufficient remedy for reformation thereof And thirdly that power is given thereby to six Commissioners of Sewers whereof three to be of the Quorum to take any man's timber c. to be used therein and to set the price thereof as also to sell any mans Lands nay the King 's also or part thereof in fee or for what other term they pleased All which being confirmed by the King 's Royal assent had thereunto are not to be repealed but by Act or Parliament and makes them therefore an absolute Court to hear and determine all things concerning Sewers After this about two years viz. 25 H. 8. Cap. 10 there was another Statute which extendeth this last Commission to the Town and Marches of Caleis and imposeth a penalty of five Marks upon every Commissioner who shall refuse to be sworn according to the Act of 23 H. 8. Then that of 3 4 E. 6. Cap. 8. which taking notice how beneficial the Statute of 23 H. 8. had been to this Realm ordained that it should continue with these additions thereto for ever viz. that all Skots Loâ—s and summs of money thenceforth to be rated and taxed upon any of the King's Lands his Heirs or Successors for any thing concerning the Articles of the said Commission of Sewers should be gathered and levied by distress or otherwise in like manner and form as should and might be done in the Lands of any other persons And that no Commission of Sewers should thenceforth have continuance for above five years after the date thereof Next that of 13 Eliz. Cap. 9. which authoriseth the Commissions of Sewers thenceforth to stand in force for the term of ten years next after their dates unless they were repealed by reason of any Commission or by supersedeas And lastly that of 3 Iac. Cap. 14. which comprehendeth the Walls Ditches Banks Gutters Sewers Gates Causeys Bridges Streams and Water-courses having their passage into the River of Thames and within two miles of the City of London as subject to the Commissions and Statutes of Sewers and to the penalties of the same To these for removing of some scruples touching the power of the Commissioners of Sewers for erecting of new Sluses and for making new Cuts and Drayns where none were before I shall add the opinion of those two Chief Justices viz. Popham and Anderson men famous in their times for their learning in both these Cases and which is observed by the before-specified Serg. Callice in his said Reading upon the Stat. of 23 H. 8. As also of Sir Henry Hobart Knight Attorney general to King Iames. In 43 44 Eliz. a great controversy did arise in the County of Lincoln about the erecting of two new Gotes at Skirbeck and Langare for drayning the waters of South Holland and the Fenns into Boston Haven which work Sir Edward Dimock Knight did by himself and his friends further what he could but it was opposed by the Country of Kefâ—even and they very exception taken thereto was that the Commissioners of Sewers could not by the power of their Commission make a Law for the erecting of these new Gotes where never any stood before Whereupon the decision of this point coming at length before the then two Justices viz. Popham and Anderson they delivered their opinions that the said new Gotes if they were found to be good and profitable for the safety and advantage of the Country they might be erected by the power of this Statute The like controversie arose in 12º Iacobi in the Counties of Cambridge Huntingdon and Northampton about the making of new Cuts and Drayns in the Isle of Ely by the power of the Commissioners of Sewers which being much opposed the businesse came in the end to be heard before the King and the Council Whereupon the said King by the advice of his Council upon mature deliberation comparing the undue proceeding of those who had disturbed his Commissioners of Sewers in those Counties with the antient Laws of this Realm as also with the constant practice of antient and later times and the opinions of the Lord chief Justice Popham delivered in writing very exactly and fully upon the said Questions touching the power and authority of the said Commissionersâ— it being objected 1. that the Commissioners had no power to raise new Banks Drayns or Sluses where there had been none before 2. that they might not lay the Tax upon Hundreds Towns or the Inhabitants thereof in general but upon