and yet is the Inheritance of Sir Edward Rosseter of Summerbie in the said County of Lincolne Knight and heretofore dreyned by Sir John Monson Knight of the Bath and now Baronet undertaker for the dreining of that Level his Participants or some of them And be it further Enacted That the said one hundred Acres of Land be settled and vested and the said one hundred Acres are hereby settled and vested in the said Sir Edward Rosseter his Heirs and Assigns for ever but with this expresse limitation that for the future the said one hundred Acres of Land shall be liable to their respective proportions and rates hereafter to be set upon them in the payment of all Taxes and other duties necessary for the perfecting and maintaining of the said work for ever in such way method and manner and according to such Acts Orders and decrees of Sewers as shall be lawfully made to that purpose the said Sir Edward Rosseter and his Heirs also performing such other Covenants and agreements which are already mutually agreed on the said Sir Edward Rosseter also paying in consideration of the charges already expended to such participant under whose allotment the said one hundred Acres may fall such summ and summs of mony as shall be expresly set down in writing as equal under the hand and Seal of Sir Matthew Appleyard Knight and Charles Hall Esquire before the first day of August which shall be in the year of our Lord God one thousand six hundred sixty and two And in case the said Sir Matthew Appleyard and Charles Hall shall not agree as aforesaid that then Sir Robert Bolles of Scampton in the County in Lincolne Baronet shall have and hereby hath power fully to determine the whole before the first day of October one thousand six hundred sixty and two Provided that whereas there is a controversie arisen between the Lord Bishop of Ely and Sir John Monson and his Participants concerning some Lands lying in the Mannor called the Mannor of Thornton in the moor in the County of Lincolne in the parts of Lindsey being part of the possessions of the Bishoprick of Ely It be referred to Sir Edward Turner Knight Speaker of the house of Commons in this present Parliament to examine award adjudge and finally determine accorâ—â—â—g to equity what portion or parts within the said Mannor or Land within the said Mannor shall be allotted to the said Sir John Monson and his Participants in recompence of his or their dreyning and melioration thereof And that if such award and adjudication shall not be made before the first of May one thousand six hundred sixty and three That then the said Lord Bishop of Ely or his Assigns shall have and enjoy the full and quiet possession of the said Mannor and every part thereof untill such award and adjudication shall be made any thing in this Act to the contrary conteined notwithstanding And in case the said Sir Edward Turner shall happen to die before the said first day of May one thousand six hundred sixty and three or shall decline the said reference That then and from thenceforth all the matters and things conteined in this proviso shall be referred to the Lord Chief Iustice of the Common Pleas for the time being to hear and determine the same as aforesaid Provided alwayes and be it Enacted by the Authority aforesaid That neither the Lord Bishop of Lincolne nor the Dean and Chapter of the Cathedral Church of Lincolne aforesaid their or any of their Successors receive any prejudice or damage by this present Act but that their Lands and possessions be preserved and kept indempnified any thing herein conteined to the Contrary in any wise notwithstanding Provided also and be it Enacted That it shall not be lawfull to or for any person or persons concerned in any Covenants or agreements touching the said undertaking to bring or prosecute any Action or Actions or Sutes at Law or equity for recovery of damages or satisfaction for or by reason of any breach of any of the said Covenants by any waies or means hitherto had made or done but that all persons concerned in any of the said Covenants as to any breach of Covenant heretofore made â—e for ever discharged And be it further Enacted and ordained by the authority aforesaid That a Commission of Sewers under the great seal of England before the first day of May which shall be in the year of our Lord one thousand six hundred sixty and two shall be issued out to twelve persons whereof six to be nominated by the said Sir John Monson and his Heirs and other six to be nominated by the Inhabitants and Owners of the Lands upon the Level of Ancholme lying in Winterton and Bishop-Norton aforesaid or by the Knights that serve for the said County of Lincolne which said Commissioners or any four or more of them shall have full power and authority to inquire as well by their own view as upon the Oathes of Witnesses which they are hereby impowered to Administer and to send summons for and by all other legal wayes whether the Owners of the Lands upon the Level of Ancholme lying in the said Townes of Winterton and Bishop-Norton or either of them or within the precincts of them or either of them have or may receive and sustain any prejudice by Sir John Monsons undertaking for which they ought to have reparation and thereupon to make such satisfaction to the said Owners as shall be most agreeable to Iustice or Equity by restoring to the said Owners and persons damnified by the said undertaking their Heirs Executors and Administrators respectively all or any part of the Lands lying in Winterton and Bishop-Norton by this Act settled unto and upon the said Sir John Monson his Participants and Adventurers and his and their Heirs And be it further Enacted and ordained That the said Commissioners do make to Sir John Monson and his Heirs recompence at the same time out of the residue of the five thousand eight hundred twenty and seven Acres settled by this Act on the said Sir John Monson his Participants and Adventurers or any owners of any part of the said five thousand eight hundred twenty and seven Acres according to their several proportions having respect to the Quantities and Qualities of the Lands that shall or may be taken from the said Sir John Monson and his Heirs out of Winterton and Bishop-Norton aforesaid as in their Iudgments shall be most agreeable to justice and equity which judgment and orders of them or any of them so as there be four or more of them shall be made and published in writing under the hands and Seals of the saiâ— Commissioners or any four or more of them before the five and twentieth day of March in the said year one thousand six hundred sixty and three and that untill the said five and twentieth day of March one thousand six hundred sixty and three the Lords freeholders Owners and
held when and as often as there might be occasion by the summons of their Bayliffs The manner of choosing the Bayliff Likewise it was decreed and ordained that the said Iurats Collectors and Expenditors chosen constituted and directed as aforesaid should be Bayliffs Iurats Collectors and Expenditors in form aforesaid And that if and as often as any of the Bayliffs xxiiij Iurats Collectors or Expenditors of and in the said Lands and Marshes within the before-mentioned limits except before excepted for the time being should decease or be removed from his Office that then in the room of the said Bayliff so deceasing or removing another of the Landholders and residents within those Lands and Marshes except before excepted to be chosen and constituted by the common assent of the Lords of the Fees having authority there for that time or by their Attornies And where the greater number of them should consent the said election to stand in the said principal and general Last to be held in form aforesaid unlesse upon necessity or cause reasonable any of those Bayliffs for the time being should sooner within the same year be removed and that it were expedient before the said principal and general Last ought to be held in form aforesaid that another were put in his place and that then an election be made of a Bayliff in form aforesaid in any other Last as aforesaid to be held So likewise in the stead of any of the said xxiiij Iurats Collectors and Expenditors so deceasing or removed from his Office as aforesaid another of the said Land-holders and residents to be chosen and constituted so that the said election be made by the said Lords of the Fees and Bayliffs and ten or eight of the Iurats aforesaid out of the most trusty discreet and wealthy Land-holders within those Lands and Marshes except before excepted The Penalty of the Bayliff elected not consenting thereto Also it was decreed and ordained that if the Bayliff so chosen should be present and would not undergo and take upon him the said Office or should refuse to take his Oath in that behalf that for such his refusall he should be amerced in xls. to be levyed of his Goods and Catalls Lands and Tenements wheresoever they should be within the County of Kent to the common benefit reparation and maintenance as aforesaid and other things to be performed by the said Bayliffs and then that forthwith there be a new election of a Bayliff made in the said Last in form aforesaid instead of him that so refused who should take his Oath in manner before specified and undergo the Office How those that are absent in the general or principal Last ought to be amerced Also it was decreed and ordained that if any one of the said xxiiij Iurats should make default in any such general and principal Last to be held in form aforesaid unlesse he had a reasonable and allowable excuse he should be amerced in xijd. to the common profit aforesaid to be levyed by the before-specified Bayliffs The penalty of the Collectors Jurors and Expenditors not submitting to their election Also it was farther decreed and ordained that if any one being of the before-mentioned xxiiij Iurats Collectors or Expenditors in form aforeâ—aid who did refuse to accept of the said Office and to take his Oath on that behalf he should be amerced in xxs. to be imployed to the benefit aforesaid and to be levyed by the said Bayliffs and forthwith another made choice of in his stead in form aforesaid And if the said Iurats should be summoned within those limits except before excepted to be at the said several or special Last to be held in form aforesaid where at the least eight or ten did not come so that such Iudgements and Decrees for the safeguard of the said Lands and Marshes except before excepted could not be made for want of a greater number of the said Iurats so absent that then every one of the said Iurats so absent to be amerced in vid. to the common benefit aforesaid to be levyed and expended by the Bayliffs of those Marshes Of which said amerciaments and other the like above specified the said Bayliffs to make accompt for in the said principal Last in form aforesaid The receiving of double by the Bayliff Also it was decreed and ordained that the said Bayliffs for the time being should have for their pains the doubles so to be levyed which did happen to be assessed and gathered in their times to be equally divided amongst them The penalty of hindring the Bayliffs so that they dare not exercise their Offices Also it was decreed and ordained that if the before-specified Bayliffs chosen as aforesaid or to be hereafter chosen were hindred by any so that they being elected durst not undergo and exercise that officeâ— that then such hinderers to be severally punished by the Electors of the said Bayliffs in such sort as any of the said Bayliffs elected should be punished in case he refused to take his Oath and undergo that Office In what sort he that is absent and chosen Bayliff ought to be compelled to receive his Office Also it was decreed and ordained that if it should happen that either the persons chosen or to be chosen Bayliffs in form aforesaid to be absent at the time of such their election that the parties so chosen should be forthwith distrained by the said Iurats for the time being or some of them by all their Goods and Catalls which ought to be impounded in certain places for that purpose to be assigned and there detained untill they did repair to the Archbishop of Canterbury the Prior of Christs-Church in Canterbury or the Abbot of Robertsbrigge for the time being or some one of them and accept of the said Office and take their Oaths thereupon and upon this did bring the Letters of the said Archbishop Prior and Abbot or one of them sealed unto the preceding Bayliffs or the said Bayliffs being dead then unto two of the said xxiiij Iurats and this within six dayes next after the said distresse so taken otherwise to be punished as is before expressed of the said Bayliffs so refusing and then to be a new election at some other Last there to he held In what sort the Collectors and Expenditors should render an Accompt of their Receipts It was also decreed and ordained that at both of the said principal and general Lasts yearly all the Collectors of all the precedent general assessments within the limits aforesaid except before excepted and the Expenditors of whom mention is before made should make their Accompt before the Lords of the Fees above-specified or their Attornies in case they be present and before the the said Bayliffs and those of the said Iâ—rats and Commonalty of the said Lands and Marshes within the precincts aforesaid except before excepted and the said Accompt to be made in writing by Indenture betwixt them and the said Bayliffs Iurats and
Commonalty And in like manner at either of the said principal and general Lasts there should be yearly made an Accompt of the Bayliffs aforesaid before the said Lords of the Fees or their Attornies if they would be present thereat and before those of the Iurats and Commonalty as would also be there present viz. of those things whereof it should happen or concern the said Bayliffs to make Accompt that is to say to be made by Indentures betwixt them the said Bayliffs and the said Iurats Commonality The Oath of the xxiiij Jurats It was likewise decreed and ordained that every one of the said xxiiij Iurats to be elected in form aforesaid should swear that he together with his Fellows would make right Iudgements Decrees and Awards not favouring any rich or poor aswell for making distresses and assessing of Taxes as of the Banks Land waters Water-courses Sewers Ditches Gutters and Bridges to be made repaired and maintained or taken away and of all other impediments whatsoever within those limits which should happen to be removed and for punishing offenders And it was farther ordained that the said xxiiij Iurats should make exercise and perform and have full power and authority in making exercising and performing all and singular the things specified in the said Oath to be by them done exercised and performed That the xxiiij Jurats be observant to the Bayliff Also it was decreed and ordained that the said Iurats or three or two of them should attend the Bayliffs for the valuing and selling in places accustomed or that should be thereafter assigned for that purpose the distresses taken and impounded for three dayes at the most and that they should cause to be enrouled all Iudgements Decrees and Awards by them made and cause Indentures thereupon to be made betwixt themselves and the said Bayliffs for the time being The Oath of the Collectors and Expenditors It was also decreed and ordained that the Collectors and Expenditors to be chosen as aforesaid should swear that they would faithfully levy collect expend and Account in form aforesaid for all Taxes assessed or to be assessed before the said Lords of the Fees and by the said Bayliffs and ten or eight at the least of the Iurats aforesaid according to their Ordinance And the like observance to be made in all Sewers within the before-specified limits except before excepted before the Lords of the Fees touching every such Sewer if they would be present thereat And it was ordained and decreed that the said Collectors and Expenditors should make exercise and perform and have full authority and power of making exercising and performing all and singular the things specified in this Oath to be done exercised and performed The Oath of the Bayliffs and executions to be made by them It was also decreed and ordained that the said Bayliffs chosen or to be chosen as aforesaid should swear to make faithfull execution of the Iudgements and Determinations of the said xxiiij Iurats ten or eight of them and of those things which did or should belong to them to judge determine and award And that the said Bayliffs in their proper persons should chardge all the Collectors aswell of the general Assessment as of the several as aforesaid upon their Oaths that they should faithfully levy collect expend and accompt for the same And that the same Bayliffs in their proper persons should take view of all the Banks Water-gangs Sewers Gutters and Bridges within the before-specified limits except before excepted as often as need required at least twice in the year viz. once in the moneth of January and again in the moneth of May. And that they at the going out of their Office should deliver unto their successors all the evidences in their custody that is to say the Charters of the Kings of England if they had any such in their hands the Ordinances and Statutes of the Lands and Marshes within those limits before-specified except before excepted the Copies or Exscripts of the said Statutes and Ordinances the Roules of Iudgements Considerations Decrees and Awards of the said xxiiij Iurats ten or eight of them and the Rents with all the processe of Accompts of the Bayliffs Collectors and Expenditors whatsoever had in their time And it was also decreed and ordained that the same Bayliffs should do exercise and perform and have full power and authority of doing exercising and performing all and singular the things specified in this Oath which were for them to be done exercised or performed That Damms or Fords be not made It was likewise decreed and ordained that it should not be lawful to any one for the future in the said Lands and Marshes within the limits aforesaid except before excepted to make Dams or other impediments in any Lands or Land-eas Water-gangs Ditches or common Gutters there whereby the common course of the waters might in any sort be hindered or any publick damage grow there and if any such thing were done and the same witnessed by the said Bayliffs and six of the said xxiiij Iurats the party delinquent be amerc'd and the amerciament levyed by the said Bayliffs to the common profit aforesaid And moreover if any other than the Commonalty of those Lands and Marshes within the said limits except before excepted did receive prejudice therein he should make satisfaction to the party wronged at the discretion of the said Bayliff and six Iurats aforesaid That the Taxes Assessed be proclamed It was also decreed and ordained that every Tax assessed in the said lands and Mar within those limits except before excepted be publickly proclamed in certain places there and that the dayes and place of payment be thereupon assigned and proclamed to the end that ignorance may excuse none when and where within the precincts aforesaid those Taxes ought so to be paid The buying of Acres It was also decreed and ordained that every Acre in the said Lands and Marshes within the limits aforesaid except before excepted being necessary for the Banks in-Ditches and Water-gangs to be therein made should be bought for xls. and measured by a rod of twenty foot And that if before that present Friday any Bank called a See Wall should be raised within those Lands and Marshes except before excepted upon or of any mans land there or that any Forland or in-ditch should be made for the defence and safeguard of the said Lands and Marshes except before excepted from the peril of the Sea and that it were fit or expedient that the said Bank Forland or in-ditch for this defence and safeguard to be longer maintained and kept so that the Land-holdeâ— upon whose ground that Bank was raised or where the said Forland or in-ditch were made could not occupy the said Land and receive his peculiar profit thereof and that such Tenant had never any satisfaction for the said Land it was decreed and ordained by the consent abovesaid that the same Bank Forland and in-ditch should be raised and kept
Gutters formerly there were then obstructed and the bridges decayed by means of a certain controversie which had long been betwixt Iohn de Britaine Earl of Richmund and Robert de Grelly touching the metes and bounds of that Fen and through the default of those who ought to have repaired those Sewers Ditches c. the King therefore appointed Iohn Beke and N. Stapleton to enquire thereof c. VVhat was done therein I find not but the next year following the King by the advice of his Justices commanded Iohn Beke N. de Stapilton and Roger Loveday to enquire who ought to repair the Bridge called Peccebrig and the two Bridges in Spalding who finding by Inquisition that the Abbot of Croyland the Prior of Spalding and all men holding lands in Spalding were obliged to the repair of them according to the proportion of land which they held in the said Town so that every acre were assessed alike summoned the Prior of Spalding and all the Free-holders in Spalding to come before them who all of them excepting the Abbot of Crouland appeared and consented for themselves their successors and heirs to repair and maintain those Bridges according to the quantity of their lands that they had there provided that the said Abbot would do the like for his And because the said Abbot absented himself and refused command was given to the Shireeve that he should summon him to appear before the Commissioners before-specified at Boston upon the Eve of S. Laurence At which time he accordingly came and in the presence of Raphe de Hengham I. de Metingham W. de Burenton and Roger de Leicestre agreed for himself and his sâ—ccessors to do as the said Prior had done viz. that they with the consent of the Free-holders of Spalding would repair and maintain those Bridges according to the proportion of their lands in that Town so that every Acre should be assessed alike of the demesnes aswell new as old and of the Villenages And that if any shops or stalls should be built upon the said Bridges all the benefit arising by them should redound to the repair and maintenance of the same In 12 E. 1. Iohn de Wigetost having commenc'd a sute against Iohn the son of Osbert de Swyneheved and divers others for making of Ditches in the said Fen called Haute hundre fen Swyneheved Wyktost Sotterton Algerkirk Kirketon Fraunkton Wyberton and Skyrbek so that he could not drive his Cattel to the said Fen desired license to withdraw his sute which was granted About two years after after this there was a great inundation in these parts at which time the most of Boston was drowned and the Monastery of Spalding suffered much loss The King therefore having advertisement that excessive damage had befallen this Province by the want in repair of the Causey called Holand Causey and by the decay of the Banks Ditches and Sewers in these parts gave special command to Iohn de Vaux and his fellow Justices itinerant in this County of Lincolne that they should search their Rolls and send unto him aswel such Inquisitions as had been made by them touching the repair of that Causey Banks Ditches c. as those which were taken by Martin de Littelbury and his associates Gilbert de Preston and his as also of other Justices itinerant in this County in the time of King Henry the third Who did accordingly which Inquisitions so transmitted as aforesaid did then remain in the custody of Sir Raphe de Hengham upon a certain file of Records of the xxth year of this Kings reign Upon perusal whereof by the Justices of the Common pleas they thought not fit to proceed to judgement nor to cause any distresses to be made because it did not appear by what had been done therein that any of the parties consented thereto but rather that thâ—y were taken in their absence for which respect they deemed it necessary that all such persons as were concern'd in that businesse should appear in Court that the matter might be argued and determined in their presence And because they thought that it would be too much trouble and inconvenience for so great a number of people to appear before the King wheresoever he might then be in this Realm and therefore that it might be better to have the same â—iscussed in these parts the said King did by the advice of those his Justicâ—s itinerant direct his precept unto Iohn Beek Nicholas de Stapilton and Roger Loveday that they should enquire who ought to repair those Banks Ditches and Bridges and to distrain them thereto Who accordingly making Inquisition first concerning the bridge called Pekkebrig and then of the two bridges in Spaldyng and finding that the Abbot of Crouland the Prior of Spalding and all the Land-holâ—ers in Spalding were obliged to those repairs according to the proportion of land which each man had in that Town so that every acre were alike did thâ—reupon summon the said Prior of Spalding and the whole number of the free-holders in that Town All which excepting the said Abbot appeared and agreed for themselves their successors and heirs to repair and maintain those Bridges according to the quantity of their lands in that Town though the said Abbot would not consent thereto for his portion And because the said Abbot did absent himself and refused the Shireeve had command to give him special summons to appear at Boston upon the Eve of S. Laurence at which tune he came thither before the said Commissionersâ— and in their presence as also in the presence of Raphe de Hengham I. de Metingham W. de Brumpton and Roger de Leycestre accorded for himself and his successors that they with the assistance of the Inhabitants of Spalding would repair and maintain the said Bridges according to the proportion of land which each of them had in that Town so that every acre might be assessed alike of the demesnes aswell old as new and of those held in Villenage and that if any shops or stalls should be built or planted upon those bridges all the profit arising thereby to be imployed in their repair In 15 E. 1. W. de Carleton and Will. de Candlesby were constituted Commissioners to enquire through whose default the Sea-banks in this Province were in decay and so consequently broken by the violence of the tides to the great damage of the Inhabitants much of their low grounds being thereby drowned And by an Inquisition taken at Scoft near Trokenhou before Simon de Ellesworth and his fellow Justices upon Monday next after the feast of the Epiphany in the xxiith year of the reign of the said K. Ed. the first it was found that the Towns of Tid and Sutton in this Province of Hoiland in Lincolnshire and of Tid Neuton and Leverington in the County of Cambridge could not be preserved except the fresh water of Scoft neer Trokenhou were restrained unto the bredth of four foot and
betwixt the Crosse at Wolmerstye and Tyd bridge In 4 E. 3. to the said Iohn de la Gutere William de Ros of Hamlake Iohn de Multon Parson of Skirbek and Will. de Farford for those betwixt Wrangel haven and Boston and in 5 E. 3. to Robert de Malbethorpe Geffrey de Edenham Will. de la Lound and William de Poynton for those upon the Sea coast betwixt Kesteven and Holand In 7 E. 3. the King directing his Precept unto Geffrey le Scrope and his fellow Justices of the Pleas before himself to be holden signified unto them that whereas by an Inquisition then lately taken before Robert de Malberthorpe and his associates Commissioners for the view of the Banks Ditches Gutters Sewers Bridges Causeys and Floud-gates in the parts of Kestevene and Holand it was found that the Prior of the Chapel of S. Saviours ought to repair and maintain the Causey called Holand brigg and thirty Bridges upon the same according to certain boundaries and limits and that they the said Justices at the sute of him the said Prior affirming that he ought not to be charged with the said repairs the said King caused the Record Process of the said Inquisition to be brought before him And that afterwards by the Petition of the said Prior exhibited to him the said King and his Council in the Parliament held at Yorke setting forth that upon their giving Judgement afterwards in that businesse there hapning a manifest error therein to the no little damage of the said Prior he the said King caused the Record and Processe thereof to be brought before him and that upon perusing the same it clearly appeared that one Godwine a rich Citizen of Lincolne founder of that house of S. Saviours gave the site of that Monastery and certain other lands to the Canons of Sempryngham there residing to the intent that the profits thereof should be expended to the glory of S. Saviour and the brethren there serving God and the surplusage imployed in the repair of the before-specified bridge And that upon their giving judgement therein as aforesaid there was an errour because by the Charter of Foundation before-mentioned the maintenance of the said Prior and his brethren was first provided for and the surplusage only assigned for the repair of the said Causey but by that their judgement they had put the maintenance of the said Prior and his brethren in the last place which ought to have been in the first The King therefore for the rectifying thereof commanded the said Geffrey le Scrope and his fellow Justices to look upon the Record before expressed and cause it to be amended and to inform him both of the value of the lands so given to that Monastery by the said Founder and of some way whereby the repair of that Causey might be ascertained and lastly to supersede the distraining of the said Prior for that respect whilst the businesse was thus undetermined In 11 E. 3. Sir Richard de Roos Knight Will. de la Launde Will. de Poynton Laurence de Leeke Thoma Levelaunce and Will. de Thorpe were constituted Commissioners for the view and repair of those Banks and Sewers betwixt the Crosse of Wolmersty and the bridge at Tid And in 13 E. 3. Roger de Cobledyk Roger the Parson of Framton Lambert de Hiptoft and Iohn de Polincroft for those in the Wapentake of Kirketon Mâ—morandum that in the year of our Lord MCCCxlij 16 E. 3. the Abbot of Swinâ—sheved and Sir Nicholas de Ry Knight did implead the Abbot of Peterborough for CCCxl acres of marsh with the appurtâ—nances in Gosberchirche viz. the Abbot of Swinesheved for CC. and Sir Nicholas for Cxl. by two Writs And the first day of the Assises at Lincolne was on Wednesday bâ—ing the morrow after the Feast of S. Peter ad vincula at which time there camâ— thither Gilbert de Stanford then Celerer to the Covent Iohn de Achirche Bayliff of the said Abbots Mannours together with Sir Iohn de Wilughby Lord of Eresby Sir Iohn de Kirketon and Sir Saier de Rocheford Knights Iohn de Multon Parson of Skirbek as also divers others of the said Abbots Counsel And because the defence of this sute seemed difficult and costly to the Abbot in regard that his advâ—rsaries had privately and subtilly made the whole Country against him especially the Wapentake of Kirketon he submitted to an amicable Treaty of peace on the day preceding the Assise the place of their meeting being in the Chapter-house of Lincolne At which Treaty in the presence of Sir Nicholas de Cantilupe who was the principal Mediator betwixt them as a friend to both sides and other Knights and friends above-specified the said Abbot of Swynesheved and Nicholas de Ry did set forth their claim in that Marsh affirming that it did belong to them of right by the Custome of the Country because that it was increased and grown to their own antient Marshes by addition of sand which the Sea had by it's flowings cast up insomuch as by that means coming to be firm land they said that they ought to enjoy it as far as Saltenee and in regard that the said Abbot of Peterborough had possessed himself thereof contrary to right and against the said Custome they had brought the Assise of Novell disseisin in form aforesaid Whereunto the Counsel for the Abbot of Peterborough answered that the Custome of this province of Holand so stated by the Plantiffs ought thus to be understood and qualified viz. that when by such addition of any silt or sand there should happen an increase of land and by the Seas leaving thereof become firm ground it ought to belong unto him to whose firm and solid ground it first joyned it self without any respect whether it grew directly to it or at one side And they farther said that the before-specified Marsh did originally joyn it self to the antient Marsh of the said Abbot of Peterborough whereof that Monastery had been seized time beyond memory as it appeareth by Domesday book where it is recorded that the Abbot of Peterborough had xvi Salt pans in Donington Moreover in the Charter of King Richard the first there were confirmed to the said Abbot three Caâ—ucates of land with the Salt pans and Pastures and all their appurtenances in Holand So that the said soil increasing by little and little ought not to belong unto the Abbot of Swinesheved and Sir Nicholas according to the Custome of the Countrey because that a certain part of Salten Ee which was not then dry land did lye betwixt the old Marsh belonging to the said Abbot of Swinesheved and Sir Nicholas and the Marsh whereof they pretended so to be disseised Which part of Salten Ee could not at all be drayned because that the fresh waters had used to run through that place from the parts of Kesteven to the Sea untill Geffrey Abbot of Peterborough Predecessor to the then
Hue aud Cry as also for blood shed within his said Lordship at all times of the year After this viz. in the same third year of the said King Henry the sixth William Babyngton Sir Iohn Colvyll and Sir Henry Rocheforth Knights Will. Paston Tho. Derham and Iohn Mannyng were constituted Commissioners to view the Banks Sewers Ditches Bridges and Causeys betwixt UUalpole and Tilney and to determine all things therein according to the Law and Custome of this Realm as also to take so many Diggers and Labourers upon competent wages as they should think necessary for that service in regard of the great expedition which through the decay of those works was then required Several other Commissions were afterwards issued out in this Kings reign to the like purpose scil in 8 H. 6. to Sir Henry Rochefort and Sir Robert Clyftone Knights William Pastone William Goodrede Thomas Derham Simon Fyncham and Thomas Shuldham for all those Banks Sewers c. in the Towns of Uppâ—welle Outwelle and Enemethe betwixt the River which goth from Wellynhee to the Priory of Mullycourt and the River which passeth from Enemethe unto the said Priory and to proceed therein as abovesaid In 22 H. 6. to Sir Thomas Scales Kt. William Yelverton Hugh Prior of Wirmegay Thomas Trusbut Iohn Fyncham Thomas Salesbury William Willy and Raphe Geytone for those throughout the whole Province of Marshland and the parts adjacent from Marham to Wigenhale and to do all things therein according to the Laws and Customes of Romeney Marsh. The like Commission had the said Sir Thomas Scales William Yelvertone Thomas Trusbut William Eweyn and Thomas Salisbury in 30 H. 6. So also had Iohn Earl of Oxford Iohn Viscount Beaumont Iohn Heydone Iohn Fyncham and Iohn Bekyswell for all those betwixt the waters of Wâ—lle and the water which leadeth from Welle to Salterys lode and Wygenhale In 21 H. 7 the said Bank called the new Pokedike was totally measured and then found to contain in length from the house of Iohn Pye at Salters lode unto the house of Iohn Bekeswell at Northdelf xviij furlongs and xxvij perches the repair thereof belonging as followeth viz. To the Tenants of the Lord Bardolf xxij perches To the Town of Wigenhale three furlongs xviij foot and four inches To the Towns of Tilney Islington and Clenchwardon three furlongs xviij foot and four inches To Tirington three furlongs xviij foot and four inches To Walpole three furlongs xviij foot and four inches To UUalton and Emneth three furlongs xviij foot and four inches To Walsoken three furlongs xviij foot and four inches To Iohn Bekyswell opposite to his house at North delf xv perches And from Northdelf to Mullycourt it contained in length xiiij furlongs and seven perches whereof the repair belonged as followeth viz. To Walsoken two furlongs xv perches five foot and four inches To UUalton and Emneth two furlongs xv perches five foot and four inches To Terington two furlongs xv perches five foot and four inches To Tilney with Islington and Clenchwarton two furlongs xv foot and four inches To Wigenhale two furlongs xv perches five foot and four inches Memorandum that upon the seventh day of Iuly 21 H. 7. every Acre of ground in Marshland was assessed at four inches for the maintenance of the said Bank But notwithstanding this care taken for repair thereof such was the wickednesse of some people that they divers times made breaches in sundry parts of it insomuch as complaint being made in Parliament Aº 22 H. 8. this ensuing Act was thereupon made WHereas before this time divers evill disposed personnes of their perverse and evill dispositions maliciously at divers and sundry times have cut cast down and broken up divers parts of the Dike called new Powdich in Marshland in the County of Norff. and the Broken dyke otherwise called Oldfield dyke by Marshland in the Isle of Ely in the County of Cambridge By reason whereof aswell by the great aboundance of the Salt water as also by the course of the Fresh water entring and coming into and by the said part of the said Ditches so broken and cast down the grounds and Pastures within the Countie of Marshland in the County aforesaid have bene divers and many times drowned and surrounded with the water aforesaid so that no profit thereof might be taken by the owners and occupyers of the said ground And the Inhabitants within the said Marshland and the Levell of the same many and sundry times have been not only put to importunate chardges and expenses to their extreme damage and costs but also to their grete undoings having lost much of their Cattel and Beasts then being and depasturing upon and within Marshland aforesaid to their grete damage and losse and to the grete decay of the Common welthe of the Country adjoyning to the same And also by reason of the same waters much people have bene drowned in their beds within their houses and have lost the most port of their goods being within the same For reformation whereof it is ordayned enacted and established by the King our Sovereign Lord by the assent of the Lords Spiritual and Temporal and the Commons in the present Parliament assembled and by the authority of the same that every such perverse and malicious cutting down and breaking up of any part or parts of the said Dikes or of any other Banks being parcell of the Rinde or uttermost part of the said Country of Mershland at every time and times hereafter from henceforth by any person or personnes committed and done otherwise than in working upon the said Banks and Dikes for the repairing fortifying and amending of the same to be taken reputed and adjudged Felony and that the offenders and doers of the same and every of them be adjudged and reputed Felons And that the Iustices of Peace of the said Counties of Norfolk and Cambridge in the said Isle at every of their Sessions within the said Isle and Counties to be kept by the authority aforesaid have full power to cause enquiry to be made after every such offence so at any time in form aforesaid hereafter to be committed and done and to award the like processe against every of the said offenders with like judgement and execution of the same if they or any of them be thereof found guilty by verdict or otherwise as the said Iustices have used and accustomed to do upon other Felonies being Felony at the common Law Which Statute was in 5 Edw. 6. by an Act of Parliament then largely made for the repeal of divers Treasons and Felonies cleerly repealed and made void But in 2 3 Ph. M. it was again revived In which year there were these ensuing Ordinances made upon the eighth day of April by the chief Inhabitants of this whole Country of Marshland and Town of Wigenhale touching the Old Powdike and Broken dike 1 That the said old Pow diche be sufficiently made
at More and other his Complices having confederated themselves together by false contrivance to constitute another Bayliff there in favour to his friends and to lay load unjustly upon others contrary to the before-specified Ordinance did so terrifie the said Iohn by grievous threats and otherwise hinder him that he neither would or durst take upon him that Office according to the said Ordinance So that by reason of the said Bayliffs default all the before-specified Marsh being dayly lyable to be overflown was in danger to be destroyed without speedy remedy were had The said King therefore taking this complaint into mature consideration for prevention of that imminent mischief granted his Royal Commission bearing date at Westminster 17º Febr. in the same thirty fifth year of his reign to Thomas de Lodelowe Robert Belknap and Thomas Colepepir appointing them or any three or two of them aswell to oversee the said Banks Gutters c. and cause them to be repaired as to take a view of the said Ordinances And in case they should find them any way defective as to the defence of the said Marsh against those inundations then to correct and amend them and if need were to make a new Ordinance to direct how the same Marsh might be better defended and preserved against the said waters upon any chance that should thenceforth happen And to decree certain strict punishments against all such as should transgresse the said Ordinances so to be made by them the said Thomas Robert and Thomas or any two of them And moreover to cause Proclamation to be made all about in those parts for the perpetual observance of them And likewise to do all other things for the safeguard and defence of the said Marsh in exclusion and evacuation of those waters as should be necessary and fit And lastly to enquire by the Oaths of honest and lawful men of that Country of all the confederacies and practices before specified as also of such trespasses and contempts as had been made against the said King by the before-mentioned Matthew and his Complices By virtue of which Precept the said Thomas Robert and Thomas being met at Crowethorne the Monday next after the Feast of the Translation of S. Thomas the martyr in the year abovesaidâ— by the consent of the Lords of the Towns the Bayliff xxiiij Jurats and Commonality of the said Marsh viz. by Iohn Franceis Attorney to Simon Archbishop of Canterbury â— the Abbot of S. Augustines in Canterbury the Prior of Christs-Church in Canterbury Simon Master of Gods-House in Dovor Edmund Staplegate Lord of Nether-Bilsyngton and other Lords to this purpose specially elected with certain also of the Commonality scil William de Echyngham Stephan de Valeyns c. chosen likewise for the said Commonality did ordain and appoint 1. that the common Bayliff of the said Marsh who hath lands and residence therein should be elected by the publick consent of the Lords of the Towns of the same Marsh or their special Attornies And where the greater number consenteth the câ—oice to stand Which election to be made at Demecherche or Newecherche or some other fit place within the compasse of the said Marsh in the xv me of S. Michael yearly upon summons of the before-specified Bayliff except upon necessity and reasonable cause the said Bayliff ought to be removed within that year and another put in his place 2. And if the person so elected shall be present and refuse to undergo the said Office that he be forthwith amerc'd in xls. to be levyed by the succeeding Bayliff upon his Goods and Catals for the common benefit of the said Marsh And so forthwith a new choice to be made of another Bayliff who will undergo the Office and take his Oath and receive for his Fee the double of all the money assessed upon any whomsoever for their negligence And if the person so elected shall be hereafter hindered by any man so that he dare not undergo the Office that then the parties so hindering him to be severally punished by the said Electors in such sort as the said Bayliff should have been punished if he had refused to take his Oath and to bear the same Office 3. And if iâ— happen that he that shall so be chosen be absent at the time of election all his Goods and Catals to be forthwith distrained by the preceding Bayliff of the Marsh and impounded in fit and wanted places and there detained until he shall repair to the Arch-bishop of Canterbury Abbot of S. Augustines and Prior of Christs-Church for the time being or to one of them and admit of the said Office and take his Oath and thereupon carry to the preceding Bayliff his Letters sealed And this he shall do within six dayes next after the election made and if he do not then to be punished as aforesaid and a new election to be presently made 4. At which principal Last if the said common Collectors of all the former general Taxes will be present they shall make their accompt to the Bayliff xxiiij Iurats and Commonalty of the said Marsh Which accompt to be written by Indentures made betwixt them and the Bayliff xxiiij Iurats and Commonalty of the said Marsh. And after the same manner shall the Bayliff make his accompt of those things which belong to him to reckon for And if any of the xxiiij Iurats do make default in the said principal Last except he have a reasonable excuse he shall be amerc'd in xii d to be levyed by the Bayliff to the use of the Commonalty 5. And if it happen that any of the xxiiij Iurats do depart within the year or ought to be removed that then another be made choice of in his place and put in the said principal Last by the Lords of the Fees Bayliff xxiiij Iurats and Commonalty of the most faithful discreet and wealthy men of the said Marsh to the number of xxiiij compleat 6. In like sort it shall be done touching the Collectors and Expenditors so that they be not chosen out of the said xxiiij Iurats if the said Lords will be there And if the said xxiiij Iurats Collectors or Expenditors shall be chosen and will not take his Oath he shall be amerc'd in xxs. to be levyed as aforesaid and forthwith another chosen in his place and receive the chardge 7. And if the before-specified xxiiij Iurats shall be summoned wheresoever within the precinct of the said Marsh to the common or several Last where no more than eight or ten at the most do come by reason whereof there can be no Iudgement and Decree made for the safeguard of the said Marsh considering the absence of the greater number that then every absent person shall be â—merced by the Bayliff in vi d to be levyed as aforesaid whereof the said Bayliff shall make accompt in the principal Last 8. Also
every one of the xxiiij Iurats shall swear that he will together with his fellows â—ustly make all Iudgements and Decrees not favouring rich or poor either in making distresses or in what concerns the Banks Land-eas Water-gangs Sewers Ditches and Gutters or the removing of Bridges and other impediments whatsoever within the precinct of the said Marsh and punishing of Trespassers And that they be observant to the Bayliff of the said Marsh for the valuing and selling of the distresses taken and impounded for three dayes or more in the places accustomed And that they cause all the Iudgements and Decrees by them made to be enrolled and thereof an Indenture to be made betwixt them and the men of the said Marsh for the time being 9. Likewise the Collectors and Expenditors chosen as aforesaid shall swear that they will faithfully levy collect disburse and make accompt of all the Taxes and Assessments made by the Lords Bayliff and xxiiij Iurats or the greater part of them And the same course shall be observed in all the Water-gangs within the precinct of the said Marsh and before every of the Lords of the Towns if they will be present thereat 10. Also the Bayliff shall swear that he will make faithful execution of the Iudgements and Decrees of the before-specified xxiiij Iurats and of those things which do pertain to them to judge and determine ofâ— As also that in his proper person he will chardge upon all the Collectors and Expenditors by Oath that they shall faithfully levy collect disburse and accompt for aswel all general Taxes as several Water-gangs so assessed as abovesaid And that he will in person take view of all the Banks Land-eas Water-gangs Sewers Gutters and Bridges when need shall require at least twice in the year viz. once in the month of January and afterwards in the moneth of June And that he will deliver unto his successor all the evidences which he hath in his custody aswell the Charters of the Kings of England concerning the Liberties and Customes of the said Marsh as the Roules of Iudgements Decrees and Awards made by the said xxiiij Iuratsâ— with every processe of accompts of the Collectors and Expenditors whatsoever done in their times And the Clerk of the said Bayliff shall have for his Fee from the Commonality of the said Marsh vis. viijd. 11. Moreover it shall not be lawfull for any man thenceforth to make any Dams or Fords or other impediments in any Land-eas Water-gangs Ditches or common Water-courses in the said Marsh whereby the right course of the waters may in any sort be hindred And if they shall so do and testimony given thereof by the Baylik and six of the Iurats or the Commonality of the Water-course where such danger shall be made he shall be forthwith amerc'd according to the proportion of his offence by the said Bayliff and xxiiij Iurats which amercement to be likewise forthwith levyed to the common benefit as aforesaid And neverthelesse if any other than the Commonality shall receive damage by that means and that proof be made thereof by the testimony of the Bayliff and six Iurats satisfaction shall be made to him for the same 12. Likewise they did ordain and appoint that every Tax assessed in the said Marsh should be proclaimed in certain publick places and a day of payment thereupon assigned And this Proclamation to be so made that no man might plead ignorance as to the time and place he ought to pay it at 13. And they did farther ordain and decree that every Acre for the Banks in Ditches and Water-gangs be bought for xls. and that it shall not be lawful for any man to draw away any workmen being in the publick work for his own private imployment nor to take them to any other place till that work be perfected And if any man shall be found faulty therein by the testimony of the Bayliff or Iurats in the common Last he shall be amerc'd in xs. to be forthwith levyed by the said Bayliff to the common benefit as abovesaid 14. Also they ordained and decreed that all the Water-â—ourses within the said Mash by whatsoever Lands and Tenements in each Chanel be so kept that the water shall not run out of it's right course to the damage of any man upon penalty of the value thereof to be levyed by the said Bayliff for the behoof of the Commonalty when any shall be found guilty thereof in the common Last by the testimony of the Bayliff and six Iurats 15. And because of antient time it was appointed by the King that all the maritime Lands from the Isle of Thanet unto Pevenese aswell in the County of Kent as County of Sussex should be governed by the Laws Ordinances Statutes and Customes of the said Marsh of Romene it shall be lawful to the said Bayliff and xxiiij Iurats to require and have his reasonable chardges of those which shall have a mind to bring them to the places be they Lords or of the Commonalty where they ought to make their Ordinance according to the maritime Law aswell in the Banks as Water-gangs Gutters Sewers and Fishings and other things whatsoever touching that Law 16. And Lastly they ordained and decreed that if any person should make a rescue from the Bayliff of the Marsh or his Officers of any distresse whatsoever taken by any of them by virtue of the before-specified Articles or any Ordinance made or to be made for the benefit of the said Marsh and thereof to be found guilty by the testimony of the said Bayliff and six or eight of the said xxiiij Iurats or of the Water-course where the distresse shall fortune to be taken he shall be amerc'd in xls. to be levyed to the Bayliff for the use of the Commonalty as aforesaid And in the same manner it shall be done in those places where the maritime Law is used within the Isle of Thanet and Pevenese whether in Kent or Suffex After this I have not met with any thing else of this Marsh worthy the observation untill the 43º E. 3. that the before-mentioned Thomas de Lodelowe as also Robert Belknap Iohn Woodhall Roger Dygge William Topclive and William Horne were constituted Commissioners for oversight of the Banks and Ditches therein Nor from that time till 48 E. 3. that William Latymere Constable of Dovor Castle and Warden of the Cinque Ports Thomas Reynes then his Lieutenant Roger Dygge and some others were assigned by the King to view the Banks Water-courses c. thereof lying betwixt the Towns of Hethe and Newendon By which Commission they had power to imprest so many Carpenters and other Labourers as they should deem necessary for the accomplishment of the work in hand wheresoever they could be found within the County of Kent To King Edward the 3d succeeded Richard the 2d in the first year of whose reign it appears that