support of the Banks of the Marshes called Estmersh and Becard and of divers other Marshes which lying within those limits except before excepted served for the defence and safeguard of the same Land and Marsh from the peril of the Sea and inundation of the salt water were through the violence of the tides and overflowings of the fresh waters running to the Sea broken in many places so that inestimable losses would very likely happen in a short time unlesse a speedy remedy were taken By reason whereof by virtue of the said Letters Patents the Shireeve was commanded that he should not neglect for any Liberty but cause xxiiij aswell Knights as other honest and lawful men of this County by whom the truth might be the better known to come before the said Justices at Apuldore in the said County on the Thursday before the Feast of the holy Trinity then next ensuing to enquire and make certificate to the said Justices concerning the Premisses and touching other Articles and circumstances specified in the said Letters Patents and lastly to do and receive what should be enjoyned them on the said King's behalf At which day came before the said Iohn Fogge Iohn Scotte Will. Haute Iohn Elryngton Iohn Brumstone and Iohn Nethersole six of the before-specified Justices at Apuldore aforesaid William Brent who prosecuted for the King in this businesse And Richard Haute then Shireeve of Kent made return of the said Precept to him directed executed together with two several Panells affixed thereto containing the names of the Jurors to enquire in form aforesaid All which being performed as of right it should be Robert Godfrey Thomas Ieffe Will. Hikke and others of the first Panell made their appearance and being severally sworn as is evident by those Panells and charged to enquiâ—e of the premisses and not being agreed on their Verdicts did severally request a farther day for the delivery up thereof to the intent they might in the mean time make more diligent enquiry of the premisses and then present the same before the said Justices All which upon that their desire and by the assent of the before-specified VVill. Brent then the said Kings Attorney in this businesse was granted and thereupon a day was given to the said Jurors to come before the said Justices at Lyde in this County upon the Friday then next following And the said Jurors were then advertised that they should in that interim enquire diligently of the premisses and then to appear severally to deliver their Verdict each man upon the penalty of xls. Upon which Friday the said Sir Iohn Fogge and the other Justices last mentioned did all of them personally go to the said Land and Marsh to take view of the Banks lying within the before-specified limits touching the danger whereof the said Justices had received information as aforesaid And then and there the Bayliff and divers of the Jurats of Romeney Marsh mentioned in the said Letters Patent as also other discreet persons to apply a fit and proper remedy for avoiding this danger and losse being expert men in the Statutes Ordinances and Customes of the said Marsh as also very many others who had and might have by those Banks safeguard and defence for their Lands within the said bounds except before excepted and then and there in their presence did take deliberate and diligent view of all those Lands and Marshes aswell at a distance as neerest to the danger and likewise of all the Banks and whatsoever else was necessary for the safeguard and preservation of those Lands and Marshes and did then desire of the before-mentioned Bayliff and Jurats of the said Marsh of Romney and of the other discreet and expert men advice and counsel for applying a fit and speedy remedy in this behalf And afterwards on the before-specified Friday at Lyde aforesaid came the said Will. Brent who then prosecuted for the King in this businesse before the said Sir Iohn Fogge and the rest of his said fellow Justices before named And aswell the said Jurors of the first panell as those of the second being impanelled in form aforesaid as also sworn and chardged to enquire of the premisses came and severally said upon their Oaths that in the said Lands and Marshes within those limits before mentioned except before excepted the wall of the Marsh of the Becard called Becard Wall leading from the Marsh called the Kete unto the Marsh of Estmarsh And also the Bank of the said Marsh called Estmarsh Wall leading to the Ree Wall were defective and stood in need of repair for resisting the Sea and salt water And if that the salt water of the Sea should enter on any part of the said Banks or in any place from thence to Holmystone aforesaid which is at the East part of the Bank called Newe Wall lying betwixt the Sea and the Land of Promhill aforesaid and that a resistance thereof could not be easily made all the Lands and Marshes before mentioned situate within the precincts before-specified except before excepted touching the danger whereof information was given in form aforesaid unto the said Justices would be in a very short time overflowed with the salt water to an inestimable damage And the said Jurors did likewise severally expresse that it would be proper for the safeguard and defence of all those Lands and Marshes except before excepted called Becard Wall and Estmarsh Wall to be sufficiently repaired as soon as conveniently could be and continually sustained against the violence of the Sea Storms and Tides lest the salt water should get in at any of them and thereby all these Lands and Marshes except before excepted be drowned And they farther said that it would be very expedient that the said Bank called Newe Wall which is without the said Banks called Kent Wall and Simonds Wall and within the bounds aforesaid except before excepted should be sufficiently repaired as soon as might be to withstand the rage of the Sea storms and Tides for the defence of the said Banks called Kent Wall and Simondes Wall and afterwards continually maintained for prevention of the peril of the Seas inundation whereunto those Lands and Marshes were subject And likewise the said Jurors in form aforesaid sworn and severally chardged did say upon their Oaths that it seemed to them expedient that the Lands and Marshes called Cheyncourt Seynt Thomas Innyng and White kempe which were within those precincts and lyable to the said danger should be drayned by one Sewer in the Land of Thomas then Archb. of Canterbury at Rounde mershe running into the Sea where the Gutter then was and that there should be made in that place Sluces and Gutters fit and proper for that purpose And that there should also be Bayliffs Jurats and other Officers within the said limits except before excepted for the view and conservation of the Marish grounds and Banks within those bounds except before excepted And that there should be had for every Sea-bank there a
that Ordinance to take distresses for the charges in making and repair of the Banks aforsaid as often as need should require aswell on the part of Wisebeche and Welle as on the part of Elme by turns and severally without the contradiction of any one And they ordained that Draymere diche should be repaired and raised higher where need required so that the Commoners might have chase and rechase with their Cattel unto their Commons and that every man having Lands or Tenements adjoyning or abutting upon the said Bank called Draymeresdiche should dig and clense the Frontier of his Land eight foot in bredth and cast the earth so digg'd out upon the same Bank And they likewise ordained that the Bank called the Blackdiche should be amended and repaired at the charge of all the Landholders antiently agisted thereto and that the Sewers of UUaltersey Coldham and Redmorefield with their appurtenancâ—s should be clensed and the Crests of them raised higher and maintained where need required unto the Pipes lying under the River of UUisebeche And that all the Hades of the Lands abutting on those Sewers and upon all other Sewers within that Precinct should be stopped xij foot in bredth so that the water of Lech running through those Sewers should not enter into the fields to the damage of the Lands lying therein And they moreover ordained that one Clow should be made at Hillaryes drove between UUisebeche and Elme at the cost of the Landholders antiently agisted thereto who had wont to make and repair the same And that one other Clow should be made upon the River of UUisebeche neer to the messuage of Thomas Howes Barkere so that the water coming out of the fields of Elme by the passage called Uykorisgote might Drain there in default of a Gote called Dogarde and that a Bank be made from that Clow unto the house of William Maste Bocher on the South side of that Sewer and another Bank from the said Clow unto the house of Thomas Howe Barkere on the other side of the said Sewer for hindring the Sand brought up by the Tides from choaking up of the said Sewer And they likewise ordained that there should be a Causey made neer unto Maryesâ—arre whereof the one end to begin at Maryesbarre and so overthwart beyond the River of Elme unto Loveday diche which Causey to be eight foot in height xij foot in bredth at the top and thirty two foot at the bottom and a Clow made there at the charges of those who were to have benefit thereby for the bringing in fresh water into the River of Elme when need should be And they likewise ordained that every person having Lands or Tenements Common Fishing or Pasture in the Towns of Elme UUisebeche and Welle within the Precinct aforesaid should have his portion upon the Fen-bank before-mentioned to the quantity of his holding according to an agistment thereof to be made anew And likewise each man having Lands or Tenements within the Precinct aforesaid to have his portion upon the Sea-bank beginning at the house of Thomas Mounpesson and extending it self to the Floudgates of Elme and so to UUelle each man for the quantity of his tenure according to a new agistment to be thereof made And they said moreover that the Bank before ordained was then broken for want of repair and that divers Lands and Tenements within the said Precinct were drowned by the Fresh waters to the great damage of all the Landholders there And they also said that the same Bank ought to be repaired aswell in height as in thicknesse so that it might contain in thicknesse xxxii foot at the bottom and at the top xii at the least and in height from the Level ground seven foot And that the men of UUisebeche Elme and UUelle were obliged to the repair and making of the said Bank each man according to the proportion of his holding and that the said Bank could not be preserved nor kept except those men who had Lands and Tenements within the said Precinct were new agisted upon the Bank before ordained And they also presented and ordained that one Bank should be made new and begin at Uernounes Corner upon Bishopsedike and so to extend directly to the Bank of UUelle upon the soyl lately belonging to Hamon de Vernoun in part and in part upon the common soyl and to be of the height and thicknesse abovesaid as also to be done at the charge of all the Landholders for their lands lying betwixt the River of Elme and the River of Welle And being asked of the number of Acres aswell on the South part of the River of UUisebeche unto the River of Elme as on the South part of the same River of Elme unto the River of Welle they answered that there were on the South side of the River of Wisebeche unto the River of Elme five thousand and two hundred Acres and on the South side of the River of Elme to the River of Welle two thousand and ninety Acres Whereupon command was given to the Steward of the said liberty that he should summon all the Land-holders aswell of Elme and Welle and of the Town of Wisebeche on the South side of that River as all others who had Lands or Tenements or any Pasturage or Fishing in Fee or for term of years to appear before the said Justices at Ely upon Thursday next after the Feast of the Epiphany then and there to shew what they had to say for themselves why all the before-specified Ordinances in each point ought not to be inviolably kept for the future At which day came Iohn Payne who then prosecuted for the King and the Steward of Ely and required that Thomas Bishop of Ely who had within the said precinct viz. in the Town of Wisebeche Elme and Welle divers Lands and Tenements and that Iohn Simson of Wisebeche Thomas Mounpesson and others who had also Lands and Tenements within the said Precinct in the Towns aforesaid should be attached to be at Ely before the said Justices at that time to shew as aforesaid And thereupon the said Bishop of Ely Will. Streete Lord of the Mannour of Coldham Sir Iohn Colvill Knight the Prior of Ely the Abbot of Crouland the Abbot of Wendling Iohn Vernoun Will. Newhouse Nich. Makesake Sir Nich. Golofre Knight and Iohn de Crofte of Welle who had Lands and Tenements within the said precinct within those Towns were summoned to appear at that said day to shew cause as abovesaid All which persons came accordingly and it being demanded of them and every of them wherefore the before-specified Ordinances aswell relating to the Town of Wisebeche as those of Elme and Welle ought not in every point to be observed according to the tenor and effect of them they severally answered that as to the repair of the Bank which beginneth over against the Gate of Wisebeche Castle and goeth to Goneldiche thence to Bansted hirne thence to Tylneyhirne thence to Coldham hithe
Up-were on the West Wickynhie grounds on the South and of Soham East 4297 The Fens and low grounds between Grant from Upwere to Clay hithe and Horningsey high grounds on the West the way from Quoy to Eambridge and Quoy and Bottesham high grounds on the Southâ— the two Swafhams Reach Burwell Lanward and Fordham on the East and of Soham and Wickin North 11950 The Fens between the high grounds of Teversham and Hinton West of Fulburne South of great and little Wilbram East of Bottesham and Quoy North 1240 Between Grant from Harrymere to Ditton on the East of Ouse from Harrymere to Aldrich bridg on the North Hempsall Yram and the high grounds of Rampton West and the high grounds of Cottenham and Denney Abby South 9480 Hempsall and Ireham East of Aldrich Causey 823 The low grounds from St. Ives to Erith bridge on the South the Fens of Willingham and Over on the East the high grounds of Swasey Drayton and Stanton on the South and the high grounds of St. Ives West 3529 The low grounds below St. Ives on the North side of Ouse between the said River on the South and East and the high land of Bluntesham Hallywell and St. Ives on the North and West 1871 The total sum 307242 Acres Whereupon the said Commissioners sitting at Wisebeche aforesaid upon the day and year aforesaid the Lord chief-Chief-Justice Popham being then and there present made certain Laws and Ordinances the extract whereof is as followeth Ordered first that Sir Iohn Popham Knight Lord Chief Justice of England Sir Thomas Fleming Knight Chief Baron of the Exchequer Sir William Rumney Knight Alderman of London and Iohn Eldred Citizen and Cloth-worker of London their heirs and assigns shall within the space of 7 years next coming at their own proper costs and charges drayn all the Fens and surrounded grounds between the old course of the River of Ouse as it now runneth from Erith bridg to Salters lode and Deping and within the land Eas hereafter mentioned And convey the said River of Ouse or the greatest part thereof from some place at or neer Erith bridg aforesaid unto such place between Salters lode and Mayden lode as the said Undertakers c. shall think meet Which conveyance to be made between the bottom of the two uttermost Banks 30 pole at the least and the Rivers to be 30 foot wide and 8 foot deep And the same utmost Banks to be each of them 30 foot wide at the bottome and 7 foot in height at the least and if that height will not do to carry away the water c. then to raise them higher That the like passage be made at the entrance of the Fens neer Peterborough for the conveyance of the River Nene from thence to Wisbeche And so likewise for the River of Weland from its entrance into the Fens at Waldram Hall untill it meet with Glen That Land-Eas from Erith to Stanground and thence to Waldram hall be made to defend the grounds within them and between the said new passage of Ouse and Weland from the Land flouds falling from the Upland-Countreys which Land eas to be from the utmost part of the Fence dike 6 pole at least That a drayn be made from Salters lode unto the Ham in March River to carry away the water which shall fall into the same Land eas c. That a new Bank be made from Erith bridg to Ely to defend the grounds between that and the same new passages from the overflowing of Ouse As also other necessary Sluses and Drayns within the precincts before-mentioned with Bridges c. for passage c. That the Undertakers shall have such sums of money as the Commissioners at their Session shall think fit from those persons who shall take benefit by this drayning and not contribute part of their Lands towards the charge thereof That the Undertakers shall allow for the drayn at Clows Crosse in ease of this charge to the Countrey That a Navigable Sluse be made at Salters lode And that Well-Creeke shall be inlarged and diked to London lode and thence through Neatmore to Wadingstowe and thence over the River of Wellenhee as directly as may be unto or above the Ham in March River And a Sluse with a bridg to be made at Wadingstow to keep so much of the River Neene as shall be needfull in its old course through both the Towns of Welle In recompence of which performance the said Undertakers to have one hundred and thirty thousand Acres of statute measure of Fen grounds at fivescore to the hundred to be taken out of the worst sort of every particular Fen proportionably by the Commissioners before the Feast of the Annunciation of our Lady next coming the whole number of surrounded Acres being 307242. And that the Undertakers their heirs c. shall enjoy all the said waters Fishings and Banks of and within the Rivers with the Indikes and Land-Eas and liberty to take sufficient menure for the repairing of the said Banks c. which Rivers Banks Indikes c. to be accounted parcell of the said 130000 Acres so assigned to them And that the said Undertakers shall make good all drowned parcells out of their own proportions or in value in case the drayning be not made perfect to the Land-owners Of which quick dispatch his Majesty being advertised he wrote to them again from Theobalds upon the xxiiith of the same Month of Iuly by which Letters he commended their endeavours in the work and progress made therein and taking notice of some opposition which had been made by certain people thereto not knowing out of what spirit it proceeded desired them to take special care to suppress the spreading of all false rumours that might give distast to the Countrey touching their proceedings therein and with those who were then imployed by his Majesty in that service as also to examine the grounds of all such rumors and to punish the Offenders giving advertisement to his Majesty and the Councel of any mutinous speeches which might be raised concerning this business so generally intended for the publick good Shortly after this viz. upon Monday Aug. 5th Mr. Hunt Ric. Atkyns and others laid out the ground where the River through Neatmore should go by a straight line to Mumbes dikes end but misliking the way on Tuesday they veiwed New ditch and in the Northeast end thereof by the Pow dich laid out the Ditch to be led line-right from thence to the Cross at Upwell Towns end And upon Wednesday about 8 of the Clock the work began in the presence of Mr. Hunt who cast the first spit the wrong way Mr. Helon Mr. Totnall Mr. Hamon Mr. Iohn Fyncham Mr. Richard Atkyns and others And was prosecuted so well as that upon the xxith of December following being the Feast day of S. Thomas the Apostle the Bank at the Cross at Upwell towns end was opened and the River
his Heirs and Successors and in all other Courts and places whatsoever Which said Bayliff and Jurats to be elected in like manner and form as also exercise their Offices and be displaced from them as heretofore it was wont and accustomed to be in the said Marsh. And moreover that the said Bayliff Jurats and Commonalty and their Successors shall have a certain Court before them the said Bayliff and Jurats of the said Marsh for the time being at some certain convenient place within the same to be held from three weeks to three weeks for ever And have full power and authority to hear and determine in the said Court by Bills of complaint therein all and singular Pleas of Debts Accompts Covenants Contracts Trespasses by force and Arms or otherwise in contempt of the said King or his Heirs with many other Liberties and Privileges of which for brevity I omit the rehearsal referring my Reader to the Record it self if he desire to be farther informed therein And likewise the said King for himself and his Heirs then granted to the said Bayliff Jurats and Commonalty and their successors that they shall from time to time have power to make reasoable Ordinances and Constitutions of good credit and consonant to reason for the common good of the said Marsh as also for the sound and wholsome Government thereof and for the common profit of the Inhabitants and residents therein to make use of them and put them in execution within the bounds and limits thereof And likewise to change them and every of them for ever as they shall see best And that the said Bayliff Jurats and Commonalty and their successors for the necessities and profits relating to the said Marsh shall amongst themselves assess and levy Taxes and lay impositions upon the Goods Lands Tenements and Merchandizes of the Inhabitants and residents being within the bounds and limits of the said Marsh and otherwise as it shall seem best to them without the letâ— or impediment of the said King or his heirs or his or their Justices or other their Officers whatsoever And moreover granted to the said Bayliffs Jurats and Commonalty and their successors that none of them or of their heirs and successors thenceforth should be put or impanelled in any Assizes Juries Recognitions Attaints or any other Inquisitions whatsoever out of the bounds and limits of the said Marsh nor to be compelled to go out of those bounds or limits to travail on any Juries Inquisitions Assizes Recognitions Attaints or matters whatsoever though they concern the said King or his Heirs Nor that any of them shall be made an Assessor Taxer or Collector of Tenths Fifteens or any parcell thereof or of any other Chardge Subsidy Tallage c. whatsoever CAP XII HAving now done with Romney marsh I come to East Kent in which the first thing observable wherewith I have met is that the K. Edw. the first by his Letters Patents bearing date at Westminster xvio Maii in the thirteenth year of his reign making mention that he had granted license to his Barons of Sandwich for the digging of a certain Trench over the lands lying betwixt Gestlinge and Stonflete and from Stonflete to the said Town of Sandwich to the intent that the passage of the water called Northbroke which was at Gestling should be diverted so that it might run to Sandwich for the perpetual commodity of that Town and his Barons thereof he the said King assigned Solomon de Rochester and Roger de Norwode to enquire by the Oaths of honest and lawful men of the County of Kent in what place the said Trench and over whose lands and to the least damage of the said Landholders it might be most fitly made As also to provide and take care that the same Trench and turning of the said water should be so done that the owners of those Lands over which it was to passe might be satisfied for the hurt they should receive thereby before the work was begun About three years after the said King directing his Precept dated at Tuttebury the xvijth day of November in the 16th year of his reign unto Edmund de Passele Iohn de Ifelde and Stephan de la Dane and therein expressing that by reason of the defect in repair and support of the Banks Ditches c. on the Sea-coasts and adjacent Lands lying in the parts of East-Kent very great damage through the violence of the Sea and overflowing of the fresh waters had hapned and that greater would ensue unlesse some speedy remedy were applyed for prevention thereof he constituted the said Edmund Iohn and Stephan his Justices to supervise and take care thereof By virtue of which Precept the Shireeve of Kent was commanded to bring before the said Justices at a certain day and place xxiiij aswell Knights as other honest and lawful men of the Vicinage of Monketone and Menstre in the Isle of Thanet and to enquire of the premisses At which day he accordingly returned his Writ and brought before them Iohn Fryday Roger Belringer and others who being sworn to take view of the defects in those Banks Ditches Gutters and Sewers in the Marshes of Monketone and Menstre and to certifie unto the said Justices through whose default those damages had hapned they answered that they knew not except it were by the boysterousnesse of the Sea and the flouds of fresh waters And being asked when the said Banks and Ditches were so destroyed and who ought and had wont to repair them They said upon their Oaths that when the Sea-bank was new made all the men that had lands lying within the danger of inundation whether they were neer or remote and who had preservation by the same Bank did contribute according to the proportion of what they held for a certain time to the making and reparation thereof And after the making and first repair of the same those then who had lands adjacent thereto did at their own costs repair the same defects which afterwards hapned and not any others And having perused the Ordinances of Sir Henry de Bathe Iohn de Lovetot and other Justices their associates which were approved and confirmed by the King in which Ordinances it was expresly contained that all persons having Lands or Tenements or common of Pasture or Fishing or that had defence and preservation in any sort or might have by the Banks Ditches Gutters Sewers c. in those Marish grounds ought to contribute according to the quantity of their said Lands and Tenements either by number of Acres or by Carucates according to the proportion of their said tenure not only to the new making of the said Banks Ditches c. but to their repair and support as often and whensover need should require Whereupon it seemed meet to the said Justices that not only they who had grounds lying neer to those Banks but also they who held lands situate within the before-specified Marshes of Monketone and Menstre whether neer
The next year following Richard VVakeherst VVill. Bertyne Thomas Betenham Thomas Hordene VValter Colepeper and Iohn Derham had the like appointment for the Banks c. betwixt Smalhithe and a certain place called the Pendynge and likewise betwixt Farnehille and a Bank leading from Mayteham to Pendynge aforesaid in the Parishes of Tenterden and Rolveldene with power to make Statutes and Ordinances for the preservation of those places according to the Law and Custome of this Realm and the Custome of Romney marsh As also to take so many Diggers and Labourers in respect of the instant necessity as should be needful for that work In 28 H. 6. VVill. Kene Esquire Iohn Bamburgh Stephan Slegge and others were in like fort constituted Commissioners for the view and repair of those Banks c. betwixt the Town of Redyng and Redehille thence to Huntebornebrigge thence to the up-land of Bregge and thence to the said Town of Redyng in the Parishes of Tenterden Apuldre and Wodechirche and to make Statutes and Ordinances c. as abovesaid In 13 E. 4. Sir Iohn Fogge Knight Sir Will. Haute Knight Roger Brent Iohn Fyneux VVill. Brent Iohn Nethirsole and Iohn Hert were in like manner appointed for those Banks c. betwixt Tenterdene and Lyde as also to make Laws and Ordinances c. as abovesaid In 14 E. 4. the King having received advertisement that the Banks Ditches c. lying on the Sea-coast and Marshes betwixt Robertsbrigge in Sussex and the Town of Romney in this County of Kent were by the raging of the Sea and violence of the Tides much broken and decayed to the great damage of those parts and being therefore desirous that some speedy remedy should be used therein did by his Letters Patents bearing date at Westminster 16º Iulii in the year abovesaid constitute Sir Iohn Fogge Sir William Haute and Sir Iohn Gilford Knights and Iohn Elryngton Iohn Brumston Henry Auger Will. Belknap and Robert Oxenbregge Esquires as also Bartholmew Bolney Roger Brent Iohn Fyneux Vincent Fynche Iohn Nethersole and Iohn Hert his Commissioners giving power to any four three or two of them whereof the said Bartholmew Roger Iohn Fyneux Vincent Fynche Iohn Nethersole and Iohn Hert to be one to take view of the said Banks c. and to enquire upon the Oaths aswell of Knights as other honest and lawful men of the before-specified Counties aswell within Liberties as without by whom the truth in the premisses might be the better known through whose default these damages had there hapned and who they were that had Lands and Tenements or common of Pasture or Fishing in those Counties or had or might have preservation and benefit any manner of way by those Banks c. or losse for want of them aswell those that were remote as those that were neer to the danger and to distrain all such according to the quantity of their Lands and Tenements or number of Acres or Carucates proportionable to what they held and so likewise for their common of pasture or fishing and together with the Bayliff of the Liberties and other places of the Counties and parts aforesaid for the repair of those Banks Ditches Gutters and Sewers and to make them or some of them new where need should require And likewise for clensing the Trenches and if cause were to stop them up so that no favour should be shew'd to any person whatsoever rich or poor or of what state degree or dignity soever who might have advantage by the said Banks or detriment for want of them And moreover to make agistments upon the Sea-Ditches for the safeguard of those parts according to the number of acres or perches and as often as it should be needful to renew them And likewise to depute certain diligent and faithfull Guardians for the preservation before mentioned and to hear the Accompt of the Collectors of moneys which were to be levyed for that occasion and for the repair of the said Banks or obstruction of those Trenches And that they the said Commissioners or any four three or two of them whereof the said Bartholmew Roger c. to be one to take distresses either by themselves or others whom they should think fit to depute for that purpose for the arrerage of what ought to have been Collected as often as need should be And also to make and ordain fit and necessary Statutes and Ordinances for the defence of the Sea-coasts and Marshes aforesaid and the adjacent parts according to the Laws and Customes of this Realm of England and of Romeney Marsh. And to hear and determine all the premisses aswell at the said King's sute as the sute of any other whasoever which should come in question before them according to the Law and Custome of this Realm and the Custome of Romeney Marsh aforesaid As also to take and imploy in the said works and repairs as many Ditchers and other workmen and labourers as should be expedient for the works and repairs before mentioned upon competent salaries to be paid to them in that behalf in regard of the great urgent and instant necessity for expedition therein Futrher requiring the said Commissioners and any four three or two of them whereof the said Bartholmew Roger c. to be one to accomplish the premisses in form aforesaid and whomsoever they should find either negligent or refractory in making their proportionable repairs belonging to them to compell them thereto by distresses and amerciaments and such other wayes and means as they should deem most expedient to the end the said defects might be suddainly made good And to cause whatsoever they should ordain and determine therein to be firmly observed acting therein as to Justice appertained and according to the Law and Custome aforesaid Saving to the said King all amerciaments and other things herein to him belonging Whereupon afterwards viz. on the tenth day of April in the xviijth year of the reign of the same King the said Justices were informed that all the Lands and fresh Marshes lying within the subsequent limits viz. betwixt the Marsh called Cowelese towards the North the lands in the Ree leading from the said Marsh to the place call'd Lynkehoke neer Romeney towards the East the way leading from the said place called Lynkehoke by the inside of the Bank at Lyde and through the midst of the high street of that town to Pigwell and a place call'd the Holmestone lying without the Bank called Wikewall the Land of Promhill situate without the Banks called Simondes Wall and Kent Wall and the gulf of salt water running from the Camer unto the said Marsh called Cowelese towards the West excepting the Marshes called the Kete Denecourt mershe and Bourghser's mershe and other Marshes then lately taken in by the before-specified Iohn Elryngton and Richard Gilford Esquires with the Banks belonging to them were dayly subject to the danger of inundation by the Sea and salt water for default of repair and
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
Water-courses and other necessary means And for execution of that their Statute and Ordinance in this behalf the said Iustices by the said assent upon the said Friday at Lyde aforesaid did nominate choose ordain and constitute of the Land-holders within those limits except before excepted Henry Bate and Simon Godard Bayliffs Andrew Bate John a Bregges and others Iurats Peter Fermour and Will Aleyn Collectors and Stephan Lovecock and John Inglet Expenditors of and in those Lands and Marshes except before excepted for the preservation safeguard and defense of those Lands and Marshes except before excepted and the Banks thereof And the said Bayliffs xxiiij Iurats Collectors and Expenditors so named chosen ordained and constituted personally and severally before the said Iustices upon the same Friday at Lyde aforesaid did take their Oaths and were chardged viz. every of them to his Office and to all which thereto pertained or should pertain in that businesse to do exercise and perform well and faitfully that is to say the said Bayliffs according to the form and effect of the Oath of the Bayliffs whereof mention is hereafter made and the before-specified xxiiij Iurats according to the form and effect of the Oath of the Iurors afterwards also recited and the said Collectors according to the form and effect of the Oath of the Collectors afterwards likewise noted and the said Expenditors according to the form and effect of the Oath of the Expenditors in like sort hereafter specified Also forasmuch as it did evidently appear to the said Iustices by the view and Inquisitions aforesaid made and taken in form aforesaid that the said Banks called Symondes Wall and Kent Wall and also the said Banks of those Marshes called Est mersh aad Becard within the limits aforesaid were defective and broken in divers parts to the great peril of inundation thereby like to befall all the said Lands and Marshes within the limits aforesaid except before excepted unlesse a speedy remedy were applyed it was ordained and decreed by the consent aforesaid that the said Banks should be sufficiently repaired and new made with all possible haste and so repaired and made new to be kept and continually maintained for the defence and safeguard of the said Lands and Marshes within the limits aforesaid except before excepted And as to the reparation and renewing of the said Banks called Symondes Wall and Kent Walle to be forthwith for the present made it was upon certain reasonable considerations moving the said Iustices decreed and ordained by the consent aforesaid that every person having Land within the said Banks called Symondeswalle and Kent Walle and the Bank called Goneswalle within the limits aforesaid for every acre of his Land there And likewise every one having Lands in the Marsh called Ockolt within those limits for every Acre of his Land there should pay two pence more than any other Land-holder within the Marshes aforesaid except before excepted should pay for one acre there to the assessing of the Tax for the instant repair and new making of those Banks called Kent Walle and Symondes Walle And then afterwards for ever according to the Ordinances and Statutes of Romeney marsh aforesaid all the Land-holders within the Lands and Marshes aforesaid except before excepted for the time being equally to contribute to the repair maintenance and custody of all the Banks of those Lands and Marshes within the said limits except before excepted for the repairing sustaining and making what should be for the defence and safeguard thereof viz. every of the said Tenants according to the proportion of his tenure and number of his Acres and Perches there And that the reparations scowring and making of all the Sewers Ditches Water-gangs Gutters and Bridges in the said Lands and Marshes within the limits aforesaid except before excepted then being or to be made for the safeguard and defence of the same should be done at the chardge and expenses of such as antiently they had wont to be Also it was ordained and decreed that it should be lawful for the Bayliffs Iurats Collectors and Expenditors of the Lands and Marshes aforesaid within the limits aforesaid except before excepted for the time being and for every of them and to all Labourers and Workmen imployed about any work to be done for defence and preservation of those Marshes except before excepted to go ride drive and carry upon and over the Land called the inner Forland and outer Forland of every Bank witin those precincts except before excepted or the Land lying neerest to that Bank and in other places wheresoever within those limits except before excepted where it should seem good to the said Bayliffs and ten or eight of the Iurats aforesaid to do and perform such things which do or should belong to their Offices or to do that work in such sort as in the like case had wont to be done in Romeney Marsh and as it should be expedient to be done for the putting the Statutes and Ordinances in execution which had been or should be made by said Iustices And if it should happen that any Land-holder within those Lands and Marshes except before excepted who ought to contribute to the premisses for his Lands therein in form aforesaid to be deprived or hindred of any way to go ride drive or carry to his Lands there or other Lands adjoyning by reason of the inundation of salt water or the raising of any Bank or other thing for the defence and safeguard aforesaid there made or to be made or so to be stopped or prevented that he could make use of the said way and having no other passage either to go ride drive or carry in form aforesaid it should be lawful to him for the future during the time of such his hinderance to go ride drive and carry upon and over the Land called the inner Forland adjoyning to the Bank or Banks wheresoever in the said Lands and Marshes within the before-mentioned limits except before excepted where he should think most meet to go ride carry and drive to his Land there or to his adjacent Land and over the said Bank or Banks overthwart them to such his Land without the impediment of any person whatsoever repairing and maintaining at his own proper chardges the said Bank or Banks sufficiently in that part where he the said Land-holder should so happen to go ride drive or carry Also it was decreed and ordained that twice every year for ever there should be held a principal and general Last within the said Land and Marsh except before excepted by the said xxiiij Iurats for the time being or ten or eight of them at the least viz. once within the xv me of Easter and again within the xv me of S. Michael the Arch-Angel at Brokland or in another place within the precinct of those Lands and Marshes except before excepted to be summoned and appointed by the Bayliffs aforesaid for the time being and that other several Lasts should be there
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
formerly had been a stone Bridge and thence directly to the Mannour of Coldham and from thence and the Crofts of Secchithe magna and beyond to Secchithe bridge and thence Westwards and in bredth to a certain way which leadeth from Sech gate unto Iones dole fence and thence to Lynne dyke Northwards unto the How dyke and so directly to Larkyshirne aforesaid in the said Town of South Lynne Hardwick Westwinche and Secchithe magna ought to contribute to the making of that defence every man according to the proportion of his Land And they farther said that all persons which had Lands and Tenements in a certain place called Clenchwarton-Marshland within the Town of South Lynne aforesaid and all the Land-holders in Secchithe magna South Lynne Secchithe parva and Watlington in divers places from Secchithe gate Southwards to the Crofts of Secchithe parva and from Secchithe draine Westwards to East wroe dyke at Watlingtone and the Old Ee of Wigenhale as also all the Land-holders in Watlingtone in a certain place called the Cornfen which extendeth it self from the Wroedike Westwards to the River of Wigenhale and from Poâ—dyke Southwards to Gerys dam and thence Southwards in the Newlande to Deylode Drove and from Wigenhaleâ—bedding to the River of Wigenhale Westwards and likewise all the Land-holders in the Towns of Roungeton holme in a certain place called Holme Bight which reacheth from Deyslode drove to Greene yates Southwards ought to contribute to the straightning of the said Rivers and Banks to be made in the before-specified places as aforesaid because they lay within the defence and safeguard and had or might have benefit or losse by the said Rivers and Banks And that all their Tenants likewise ought to make repair and maintain the said new Banks for the restraining of those Rivers within the before-mentioned limits when and as often as need should require And they said that this restriction of the said Rivers by the making of those new Banks in the places before-specified would be a secure lasting and perpetual defence to all the Banks and all the lands lying within the Towns and places aforesaid It was therefore ordained by the said Justices that the said work should be done accordingly In 11 R. 2. Sir Edmund de Thorpe and Sir Philip de Tilney Knights together with Iohn Marshall were appointed to view and repair the Banks c. betwixt Cattesbak and the Fen ende within the Town of Tilney The like Commission in 7 H. 4. had Sir Thomas de Skelton Sir Iohn de Rocheford Sir Pain Tiptoft and Sir Raphe de Shelton Knights Richard Norton Will. Ludington and William Snetesham for all those Banks Ditches and Sewers aswell upon the Sea-coast as otherwise belonging to the Towns of Tiryngtone Walpole Walton Walsokne Enemethe Welle Wigenhale Tylneye and Clenchwarton antiently ordained for the safeguard of those Towns and to proceed therein according to the Law and Custome of this Realm So also in 10 H. 4. had the same Sir Thomas de Skelton with Sir Edmund de Thorpe Sir Iohn Colvyle Sir Raphe Shelton and Sir Iohn Rocheford Knights Richard Norton William Rees William Ludyngton Laurence Trusebut and Richard Gegge for all those Sea-banks lying within the Town of Tyringtone for the safeguard thereof and to proceed therein as abovesaid In the same year the Abbot of Ramsey was impleaded for damages which were sustained by his neglect in repairing his proportion of Pokedike for his lands in Walsokne And in 8 H 5. Iohn Cokain Sir Thomas de Skelton Sir Iohn Colvill Sir Iohn de Rocheford and Sir Henry de Rocheford Knights Robert Tirwhit Richard Norton William Ludyngtone Iohn Benard Thomas Derham Nich Morys William Fulbarne â— and Robert Bird were assigned to view the Banks Ditches and Sewers in Tyrington Walpole Waltone Walsokne Enemethe Welle Wygenale Tilneye and Clenchwarton then broken and in decay and to take order for their repair with direction to do all things therein according to the Law and Custome of this Realm What they did therein I have not seen but soon after viz. in 1 H. 6. the King receiving information that the Banks Sewers c. lying betwixt the waters of Welle and the stream which runneth from thence to Salters lode and Wigenhale in this Province of Marshland were so torn and consumed partly with the violence of the tides and partly by the great flouds of fresh waters passing that way as that very much damage had hapned to the whole Country thereabouts constituted Thomas Duke of Eâ—eter Sir Thomas Erpingham and Sir Henry Rocheforth Knights William Paston Iohn Schuldham Simeon Fyncham Iohn Mannyng and Thomas Dereham Commissioners to view the same and to make such Agistments both for raising of new Banks where need should be and repairing the breaches and decays before-mentioned in such sort as they should deem most expedient for the safeguard and benefit of the Country Which Commission bears date at Swyneshed the xij day of April in the year abovesaid By virtue whereof the Shireeve of Norfolke had command to impanell Jurors and to bring them to Downham hithe upon Thursday next before the Feast of Pentecost then next ensuing Who then and there attending the before-specified Commissioners upon their Oaths presented that the Bank called Pokediche antiently made for safeguard of the Towns in this Province of Marshland and all the Lands and Tenements within the same was then so broken and ruinous that a great proportion of ground was thereby overflowed with the fresh waters to the extraordinary damage of all such persons as were Landholders or that did enjoy Common of Pasture or Fishing there And they said that the before-specified Bank could not be made firm and sufficient by any repair thereof the weaknesse of the ground whereon it stood considered and therefore they ordained and decreed that for the better preservation of all the Towns in Marshland aforesaid and of all the Lands within the compasse thereof that there should be another Wall or Bank made new on the North side of Salterys lode brink by all the Land-holders throughout Marshland and all the Inhabitants and Residents within the Towns thereof and of the Town of Wigenhale And that the said Bank so to be made new should be made and raised upon the North side of the great River which passeth from UUelle to Salterys lode and UUigenhale viz. from the shore of that River by the space of xxiiij foot as also to begin in that place called Salterys lode and to extend it self from thence to the Priory of Mullycourt Westwards And that the height thereof from Salterys lode to North delfe shall be five foot from the levell earth and the thicknesse at the bottom xviij foot and from Northdelf to the said Priory six foot in height from the ground with xviij foot in bredth at the bottom and xij at the top of good measure so that it might sufficiently keep out the water of
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
or at a large distance forasmuch as they are within the peril of the Sea and had or in some sort might have had safety and defence by the same Banks Ditches c. ought to contribute thereto according to the quantity of their tenure without any favour either to rich or poor of what condition state or dignity soever And to be compelled thereto not only by distresses and amerciaments but also by double the chardge and whatsoever other wayes or means is in the said Ordinances contained And for the fulfilling of all these things in the said Marshes of Monketone and Menstre it was then ordained and agreed that a common Bayliff should be elected by the Lords of the Fees and Commonalty of the Marsh within the said Marsh of Monketone and another Bayliff in the Marsh of Menstre to supervise do and execute all such things as to the Office of Bayliff of the Marsh pertained according to the judgement of the Jurats or Dike-Reeves Also that there should be chosen xij honest and lawful men by the Lords of the Fees or their Attornies and the Commonalty of the Marsh or six of the Marsh of Monketone and six of the Marsh of Menstre who had lands in the said Marshes lying in danger of the Sea which twelve to be assigned and sworn jointly to oversee the Banks Ditches c. in the said Marshes and to measure all the Lands Tenements and common of Pasture in those parts which either had or might have safety and defence in any sort by the said Banks Ditches c. to the end it might be known for how much they ought to contribute and who afterwards upon their Oaths might supervise those walls Ditches c. and place a certain Keire in every part of the said Banks of such height and thicknesse that the Marish grounds might be fitly preserved thereby And that they should hold their Last when and as often as it might be needful for any defect in repair And that a certain day be by them assigned within the compasse whereof those defects should be made good according to their discretion And if the said repairs were not compleated within the time prefixed that then the several Bailiffs within their particular Bayliwicks should lay out their own moneys and receive the double thereof And the xij men to give notice of the several defects to those Bayliffs after the repairs were not made good within the time so assigned And if any of the said Bayliffs Jurats or Dike-Reeves did die or not give content to the said Lords of the Fees and Commonalty others should be chosen in their stead by the Lords of the Fees or their Attornies if upon notice given they would come in and by the Commonalty of the said Marshes And they to be accounted Bayliffs or Jurats of every Marsh who should have the consent of the Lords of the Fees and greater part of the Commonalty of the said Marsh lest that by long delay much peril might happen Also that there be chosen out of the xij Jurats two men in either Marsh who were to be the Collectors of all such moneys as should be assessed for those common repairs viz. in Gutters Sewers Water-gangs and of the whole Bank which lyeth in common to be repaired and sustained And those two so chosen to make Collections and disbursements and of such their receipts and layings out afterwards to render a just accompt to the said Lords of the Fees or their Attornies and to the Commonalty of the said Marshes within the several Marshes And the Bayliffs of the Lords of the Fees to assist the said Collectors in the assessing and gathering the said moneys and likewise if need be to distrain for the same Also that the said Common Bayliffs should cause the said xij men to meet together as often and whensoever there might be need or that there was any danger to supervise all the Banks Ditches Water-gangs Sewers and Gutters and to take certain consideration before they departed of all the defects and likewise to assesse a certain portion of money upon every acre to each Tenant according to the quantity of what he held and also to repair and amend the said defects within a certain time whether that they belong'd to particular persons or the whole Commonalty and for the fulfilling of all those determinations that they be not only compelled by distresses but by amerciaments and double if need required And the said Bayliffs moreover should punish all such as being refractory to their summons did not appear And if any mans Land lying within the Banks of the said Marshes were digg'd for the repair of the said Banks Ditches Sewers or Water-gangs or for any new Bank or Ditch or for the making of an in-ditch or out-ditch that then the Commonalty of every Marsh should give satisfaction to the party damnified by the discretion and judgment of the said Jurats according to the usage of Marish Lands having alwayes respect to the quantity of the ground so digged or lost Saving always to the Lords of the Fees their right which they had and ought to have against their Tenanâ—s within their proper Fee aswell for having defence as for the taking double when through their Tenants default they did lay down their own moneys And lastly that if any thing of difficulty doubt or obscurity did fortune to arise in these Ordinances that it should be reserved to the Decree and Declaration of the before-specified Justices Nor was it the intent of the said Justices that any persons who ought to have safeguard by others or that held their lands under certain conditions should be by this Ordinance excluded from their defences and agreements in case that such their agreement were not derogarory to the Law And for the performance of these Ordinances William Shirreeve and Iohn Coopere of Hoo were appointed Collectors of the moneys to be levyed in Menstre and William de Everle and Thomas Hamon in Monketone The next year following which was the xvijth of the said King's reign I find that Iohn de Lovetot and Henry de Apuldrefelde being also constitued Commissioners for the viewing of the Banks Ditches c. in the parts of East Kent which were broken and in much decay through the violence of the Sea and to provide remedy for the same met at Erchesto on the morrow after the Feast of St. Iames the Apostle where all those that held Lands lying within the Hundreds of Eastri and Cornilo which lay in danger of the Sea by virtue of the said King's Precept attended them as also such and so many lawful men by whom the truth in the premisses might be the better known And it being then and there testified by the Commonalty of the Country that it was expedient for the said whole Commonalty to have one Bayliff and xij Jurats within those Marshes in such sort as they of Romeney Marsh and the Marshes towards Sussex then had the same
â—is Commission bearing date at Chauâ—one the 18th of Febr. unto Stephan de Pencestre and William de Echingham to make enquiry in the Premisses and to make redresse of such injury as they should find to have been done therein And in 27 E. 1. the Sea-banks in this County being grown to decay in divers places Robert de Septvaâ—s and William Mause were constituted the King's Justices to take view of them and to take order for their speedy repair In 2 E. 2. William de Walleins and others being constituted Commissioners for the viewing of the Banks and Water-gangs in this County sate at Newcherche upon the Monday next following the Feast of S. Mildrede the Virgin in the said year where by the common assent of the Lords of the Marshes of Lyde and Oxney and the appointment of the King it was ordained that thenceforth the said King's common Bayliff in Romeney Marsh should oversee the Bayliffs and Jurats of the said Lyde and Oxney and when necessity should require to summon them together with the xxiiij Jurats of Romeney Marsh to fit places to consult of Ordinances and making Laws for the defence of the Lands in the said Marshes so that they should alwayes abide by the Determinations and Customes of the said Jurats for the lesse losse and more safeguard of their Lands notwithstanding any Custome to the contrary Saving alwayes the tenor of the King's Charter granted to the Commonalty of the said Marsh and likewise the Ordinances of Sir Henry de Bathe as also of Iohn de Lovetot and his associates for to remain in their full power In the same year Henry de Cobham Junior Iohn Malemeyns and William de Bernefeld were appointed by the King to take view of the Banks Sewers c. in East-Kent So likewise were Waresâ—o de Valeynes Iohn Malmeynes and Henry de Worhope assigned to make enquiry of the Banks Ditches c. in the Marshes of Meyhamme and Gatesdenne upon the Sea coast betwixt Smallyde and Meyhame then wanting repair through the default of Raphe de Thordonne Scoland de Forshamme Thomas Fitz Hubert of Hechyndenne and Walter de Marcleshamme â— who held lands in those Marshes In 6 E. 2. the Jury for the Hundred of Cornylo exhibited a Presentment unto Hervic de Stantone and his fellow Justices Itinerants sitting at Canterbury in the Octaves of S. Iohn Bapt. importing that the Prior of Christs-Church in Canterbury did about ten years then past divert the course of a certain water called Gestling in which such Felons as were condemned to death within the before-specified Hundred ought to suffer judgement by drowning so that by this turning of that stream those condemned persons could not there be drowned as formerly and that this was to the prejudice of the King c. And they likewise presented that the said Prior about two years then past raised a certain Trench of four foot by which the same water of Gestling coming from the upper part of that Country had wont to passe unto the Sea and wherein the King had used to have fishing worth Cs. by the year And that by the said diversion the King not only lost the profit of his fishing but a thousand and five hundred Acres of Land were thereby drowned to the great damage of the said King and all the Country thereabouts The Shireeve therefore had command to summon the said Prior c. Who appearing and the said Jury taking the premisses into farther consideration said upon their Oaths that as to the Fishing the said Prior and Covent had antiently a certain mill in a place called Lydene which Mill being burnt in the time of warr there was no other there built till that the Prior then living about ...... years past erected a new one And they said that after the building thereof the said Prior raised a certain Gutter four foot high which had there been made in former time for conveyance of the water from the upper parts of the Country And they said likewise that without the said Gutter there then was a certain Fishing which the Kings Officers belonging to Dover Castle it being within the liberties thereof sold sometimes for 30s. per annum sometimes for 20s. and sometimes for lesse And that the course of the said water which passed through the before-specified Gutter passed to that place wherein those condemned persons had wont to be drowned and their bodies carryed to the Sea And they moreover said that after the same Gutter was so raised the water so descending from the upper parts before-mentioned could not passe through it whereby not only the said fishing became totally lost but the drowned bodies could not be conveyed to the Sea by that Stream as formerly and all this by reason that the water had not it's passage there as usually and that the ground without the Gutter so increased and grew higher that the stream could not have it's course there And the said Jury being asked how long that Gutter had been so raised they answered for four years onlyâ— And what the said fishing was yearly worth they replyed one Mark The Shireeve thereof had command that he should cause the said Gutter to be put into the same condition as it was before and that the earth without the Gutter so raised should be thrown down again at the chardge of the said Prior c. so that the course of the before-mentioned water might run as it formerly did and the said Prior was amerced About two years afterwards viz. in 8 E. 2. Will. de Basinges Will. de Swantone and Will. de Leteriche were constituted Commissioners to oversee the Banks Ditches c. in the Marshes of Romenale and Oxene in this County and to take order for their repair So also in 9 E. 2. was Robert de Kendale then Constable of Dovor Castle Iohn Malmeyns of Hoo and Will. de Cotes for those in East-Kent The like Commission had Iohn de Ifelde Will. de Cotes Stephan de la Dene and Will. Lotriche in 10 E. 2. As also the said Robert de Kendale Nich. Kyriell Iohn Malemeyns of Hoo and William de Cotes In 11º E. 2. Thomas de Sandwiche Will. de Cotes Will. de Derby and Thomas de Poveyn were specially appointed to view the Banks Ditches c. in the Marsh of Chistelet lying also in East-Kent and to cause the defects therein amended The next year following Edmund de Passele Will. de Dene and Iohn de Ifeld were assigned to take the like view c. for those Banks and Ditches lying neer Newendene and Rolvyndene In 14 E. 2. Iohn Abell and Robert de Shirlond for those on the Banks of Medway neer to Reynham and the parts adjacent which had received much decay by the fresh waters And in 16 E. 2. the before-specified Edm. de Passele Iohn de Ifeld and Stephan de la Dane again for those
de Langley and Thomas St. Nocholas were constituted Commissioners for viewing and repairing the Banks and Ditches in certain Marshes lying betwixt the Towns of Sesalter Gravene and Hornehill and others adjoyning thereto So also were William de Scotheni Will. de Cotes and Stephan de la Dane for the like Banks Ditches c. lying on the Sea-coast in East-Kent In 25 E. 3. Iohn de Cobham Otto de Grandison Will. Waure and Stephan de Horsham had the like Commission for those betwixt Bigpole and Estflet in this County So also had Sir Robert de Cheyne Knight Will. de Stavere and Iohn de Broke for the Banks c. lying betwixt Newenton and Dovor In 31 E. 3. Thomas de Lodelawe VVill. de Halden and Robert Bilknappe were appointed to take view of the Banks c. in the Marshes of Tenham Lodenham Stone Ore and Faversham in this County much broken by the violence of the tides and to provide for their repair In 27 E. 3. Robert de Herle VVill. de Haldene and Stephan Donet had Commission to take view of all the Banks c. in the Isles of Shepeye and Thanet as also in the parts of Gravene Harnhull Sesaltre Gunneston Chistelet Recolvre and Leyden neer Sandwich and likewise in the Marshes of Tenham Lodenham Stone Ore and Faversham in this County of Kent and to determine all things touching their repair according to the Custome of the Marsh Lands formerly used in this County And the next year following Robert de Belknap and Thomas de VValton Clerk were appointed to do the like in the Marshes of Tenham and other adjacent places In 39 E. 3. the King being informed that the Sea had more than formerly overflowed the Lands Marshes and other Tenements extending from a certain place called the Clivesende within the Isle of Tanet unto the Town of Stonore which contained in compasse two miles whereby in a short time the hurt and damage done thereto was such as that it was almost destroyed And that within a few dayes except some help were had to resist those violent overflowings all the low grounds adjoyning to the Sea and Arms thereof within the Hundreds of Ryvesko Wyngham Prestone and Dounhamford to an inestimable damage would be overwhelmed he assigned Raphe Spigurnell then Constable of Dovor Castle Iohn Cobham Robert Belknap and others to enquire and determine thereof according to the Law and Custome of this his Realm And in 41 E. 3. Iohn Flemmyng Parson of the Church of Whitstaple Iohn de Feversham and Will. Tidecombe were constituted Commissioners to view the Banks Ditches c. lying betwixt Swalclif and Graveney In 43 E. 3. Iohn de Coâ—ham Robert de Belknap Will. de Horne Simon de Kegworth and Thomas de Garwynton were appointed to cause all the coasts of the Isle of Thanet where Shfps or Boats might land to be fortified with Banks and Ditches if they were capable thereof In 47 E. 3. the said Robert Belknap with Roger de Asheburnham Will. de Toppeclyve and Thomas de Harcheregge were assigned to view all the Banks c. betwixt Hetecrone and Ealdyng as also between Patyndennesmel and Elherst in this County of Kent and to do what should be requisite concerning them according to the Law and Custome of this Realm In the same year also was such an assignation to Sir Thomas de Lodelowe Knight Will. Horne and Thomas de Shardelowe touching the Banks c. betwixt Pekesende and the Marsh of Lesnes In 48 E. 3. Roger Digge Will. Tydecombe Nicholas Heryng and others had the like Commission for the Banks in Harnhull marsh betwixt Whitstaple and Faversham So also had Robert Bealknappe Roger Dygge Will. Hornâ— and others for those betwixt Gravesend and Shepeye and thence to Reculâ—re and so to Sandwiche Dovor Romeneye Promhelle and Newendenne The next year following Robert Beleknap Thomas Reynes Lieutenant of Dovor Castle and Warden of the Cinque Ports with Roger Dygge and others were in like manner appointed for those Banks c. upon the Sea-coast extending from the Town of Hethe to Romeneye and thence to Promhull and Apuldre So also were Nich. Heryng VVill. Symme Richard de Blore and others for those in the King's Marshes of Slayhill Werkeworthe Greneberghe Daundeleye and North mersh in the Isle of Shepeye And Sir Iohn de Cobham Knight Iohn de Sudbury VVill. Toppeclive and others for the Banks c. in the Marsh called Court broke in the Isle of Oxene to do therein as to Justice should belong according to the Law and Custome of this Realm In 50 E. 3. Thomas de Garwynton Will. Makenhad Stephan Bittyngham with some others were constituted Commissioners for the view of those Banks c. situate in the Marsh of Harnhull betwixt Whitstaple and Faversham And Nicholas Heryng Iohn Godewot VVill. Symme of Uppechirche and others for those in Motteneye marsh at the Mannouâ— called Quenescourte in this County and to proceed in both these according to the Law and Custome of this Realm In 1 R. 2. the before-specified Thomas Garwynton VVill. Makenhede Stephan Bettenham and Richard Sandre had the like appointment for those Banks c. in the said Marsh of Harnhull betwixt Whitstaple and Faversham So also had VVill. Horne Stephan Bettenham and Iohn Fraunceys for those in the Marshes of Ebbenesorok and Sharlee In 3 R. 2. Robert Bealknap Iohn Barry VVill. Horne VVill. Makenade Stephan Betenham Stephen Pestenden and Iohn Brode being constituted Commissioners for view of the Banks c. in the Parishes of Stone Witresham Appuldore and Snergate in this County as also of Idenne in Suffer had command to proceed in the repair of them according to the Custome of the Marsh and Law and Custome of this Realm And in the same year the said Rob. Bealknap VVill. Horne with Nich. Heryng Thomas Shardelowe VVill. Makenade and VVill. Ellys had the like Commission for the view and repair of those Banks c. lying betwixt Pekesmere and Stonore neer Sandwiche and to do therein what should be consonant to Justice according to the Law and Custome of the Marsh aforesaid So also had VVill. Topclyf VVill. Makenade and Iohn Fraunceys for those in the Marsh of Harnhull betwixt Whitstaple and Faversham The next year following the said Robert de Bealknap VVill. Topclyf VVill. Makenade Iohn Roper Thomas Chiche and VVill. Brenchele had the like appointment for those betwixt Feversham and Muston And in 5 R. 2. Rob. de Ashton Robert Bealknap Arnald Sauvage Thomas Garwynton VVill. Symme and Elyas Reyner for those in the Marsh of Ore within the Hundred of Middleton and to determine of all things therein according to the Custome of Romeney marsh to that time reasonably used In 9 R. 2. Simon de Burley Constable of Dovor Castle and Warden of the Cinque Ports Sir Thomas
half of all the said grounds so to be inned according to the purport and true meaning of the said recited Indenture the other moytie to belong to the owners of the said Marsh grounds according to the several proportion of their quantities which they then had in those grounds to be holden of Edmund Cooke Esquire his heirs and assigns as of his Mannoâ—r of Lesnes and Fants in free Socage by fealty and one penny Rent for every Acre and not in chief nor by Knights service And that in consideration of the great chardge of this work the said inned Marshes to be dischardged from all Tithes and Tenths whatsoever for and during the term of seven years next after the inning winning and fencing of the same CAP. XIV AND now though by what hath yet been instanced touching the improvements made by Banking and Drayning upon the Verge of this River the first Commissions which I have vouched bear not date above three hundred and fifty years since yet do I make no question but that this good Husbandry was far more antient for notwithstanding the like Commissions for the defence and safeguard of the other Marshes situate higher upon this stream whereof I shall give instance by and by are not much elder it will by great circumstances be evident that some of these Banks are not of lesse antiquity than the time of the Romans here in Britaine otherwise how could that antient Borough of Suthwarke have been built the ground whereon it stands being at first naturally flat and low and within the power of the usual tides as the adjoyning Marshes still would be were not they defended by the like Banks though now by reason of the vast buildings there which do stand upon artificial ground it being in the nature of a Suburb to that great and antient City of London there be little notice taken that it hath been so raised where besides divers Roman coynes that are still frequently digg'd up I my self in the year 1658 saw in those fields on the backside of Winchâ—ster house called Suthwark Parkâ— upon the sinking of divers Cellers for some new buildings at about two foot below the present levell of the ground a Roman pavement made of Bricks not above an inch and an half square and adjoyning to it a more curious piece of the like small bricks in length about ten foot and in bredth five wrought in various colours and in the midst thereof betwixt certain borders in the fashion of wreathed columns the form of a Serpent very lively exprest in that kind of Mosaique work I now come to the Commissions The first whereof our publick Records do take notice is in 23 E. 1. which was directed to Iohn de Metingham and Will. de Carleton for the view and repair of the Banks c. betwixt Lambehethe and Grenewiche After this about three years through the neglect of those who ought to have maintained the Banks neer Retherhithe the breaches thereof were such as that a great part of those Marshes became drowned Whereupon the King committed the managing of their repair to his trusty and beloved Will Haward soon after one of the Justices of his Court of Common Pleas to whom he assigned a certain summ of mony for that purpose which not being sufficient for the accomplishment of the work though he the said William even beyond his abilities added thereto of his own purse the said King by the advice of his Counsail ordained that all those Lands which through the before-specified neglect were thus overflown and drowned should be seized into his own hands and committed to some such honest and trusty person as would be willing to take upon him the chardge of the said repair and new making of the said Bank to have and enjoy by an extent to be made thereof untill he should reimburse himself out of the profits of the said Lands to the full of whatsoever he might lay out upon that work In 2 E. 2. Iohn de Foxle Walter de Gloucestre with some others were assigned to take view of a certain breach of a Bank neer Bermundsey and to provide for the repair thereof In the same year it hapned that by reason of the said breach the Prior and Covent of Bermondsey received great losse by the drowning of certain grounds belonging to that House the King therefore at the request of Isabell his Queen granted this favour to the said Prior and Covent that nothing of the Corn Hay or any the Good or Catalls belonging to the said Priory should be taken to the use of the King or any other without the assent of them the said Prior and Covent The like breach also hapning in the Banks of the Marshes in Suthwarke which not long before pertained to the Knights Templars but then were in the King's hands he being advertised thereof directed his Precept bearing date at Barwick upon Twede 23º Maii 4 E. 2. unto William de Montalt at that time Guardian of those Lands commanding him that out of the profits of them he should cause them to be speedily repaired And in 9 E. 2. Richard de Repham and Edmund de Passele were constituted Commissioners for the view and repair of the Banks c. betwixt London bridge and the Mannour called Fauxes-Halle as also of a certain Bank in the Land of the Bishop of Winchester in Suthwerke which having been antiently made for the safeguard thereof was then ruinous and broken And likewise of certain Ditches whereby the fresh waters had formerly used to descend into the Thames which were then choak'd up And to distrain all such persons for the repait of the said Banks and Ditches who in respect of any lands that they held or otherwise were obliged thereto In 13 E. 2. upon an Inquisition taken before Iohn de Everdon and Geffrey de Hertelpole then the Kings Justices assigned to enquire of the defects in repair of those Banks which were situate betwixt London bridge and Grenewiche the Jury presented upon their Oaths that part of a Bank at Retherhethe containing thirteen perches in length was then broken and that Sir Iohn Latimer Knight in respect of a certain messuage that he had there was and had been chardged with the repair thereof time out of mind It was likewise presented that at a place there called Milnewardstrete there was a Gutter called Mouse goter so obstructed that the water which had used and ought to passe through it into the Thames was stopped and that one Richard le Chaundeler was obliged by right to clense and scowr the same by reason of his Lands there And moreover that there was another Gutter in the Land lately belonging to Richard de Dunle so stopped likewise the clensing whereof belonged to Agnes his widow then Tenant to the said Lands As also that there was another Gutter in the grounds whereof Richard de Ashwy had been lately possessed which Gutter being then likewise
choakâ— up did endanger the drowning the adjacent Marshes and that the clensing thereof pertained to the heirs of the said Richard And lastly that there was a certain Sewer called Ozflete pasâ—ing from the water of S. Thomas unto the Thames stopt up also for want of clensing to the great annoyance of the Lands of Iohn Capsho and Robert Allard which Sewer ought to have been scoured by the said Iohn and Robert It was therefore ordained by the before-specified Justices that the said Sir Iohn le Latimer and the rest of the persons so presented as aforesaid should be distrained to make good the several repairs above-mentioned so belonging unto them In 26 E. 3. Will. Thorpe Iames Hâ—fee and Will. de Fifhide were appointed 〈◊〉 view and repair the Banks aâ—â—he Stewes and in other places adjaâ—â—â—â—â— by the breach whereof divers groundâ— and meadows lay then totally drowned And in 37 E. 3. Edmund Chelreye Thomas Morice and Michael Skillyng had the like appointment for those Banks neer the said Stewes which were opposite to the Mannour House of Iohn de Moâ—bray Before which Commissioners divers presentments were then made touching those Banks and Sewers neer the same Stewes where divers persons being found faulty paid fines to the King others acknowleged that they ought to repair them by the perch and others had made good what belonged to them to do whereof the Prior of S. Iohns of Ierusalem was one who had two Mills there and other lands to the value of xl per annum The like was certified of Sir Iohn de Moubray Knight and Elizabeth his wife daughter and heir of Iohn de Segrave In 42 E. 3. Iohn Lovekin Will. Taâ—ke Will. de Neudigate anâ— othâ—rs had the like assignation for the Banks c. extending from a place called Dâ—nielissewalle in this County of Surrey to Roddisâ—orne in Kent And in 48 E. 3. Robert Bealknap Will. Halden Roger Dygge and others for the same Banks betwixt Danyeleswalle and the Land of the Prior of S. Marie de Overe and about a medow called Croâ—chemede by which Commiâ—sion â—hâ—y â—ere directed to proceed according to the Law and Custome of this Realm of England In 4 H. 5. Iohn Pâ—eston Sir Iohn Dâ—ayton Knight Thomas Rothewell junior Thowes Drewe Richard Wydeforde and Thomas Coventre were constituted Commissioners for the view and repair of the Banks Ditches c. all along the Verge of the Thames on both sides from Reading to Oxford which were then broken in many places with appointment to proceed therein according to the Law and Custome of England The next year following Iohn Preston Iohn Martyn Iohn Corf Iohn Appulton Robert Skyrne and Nicholas Conyngston had the like Commission for those Banks c. betwixt Depford strond and Bermundsey wherein they were directed to act according to the Custome of â—he Marsh and the Law and Custome of this Realm In 22 H. 6. Sir Iohn Burcestre Knight Ricâ—ard Bamme Richard Comâ—e Will. Oâ—â—urne Adam Lynelord Iohn Martyn Iohn Malton and Will. Kyrton were assigned to view all those Banks on the side of Thames and marshes adjoyning aswell within the Lordships of South Lambehithe North Lambehithe Lambehithe mershe and Parysh-garden as in Southwerk Bermundsey Retherhithe Depford stronde Peckham Hacham Camerwell Stokwell Clopham and Newyngton in the Counties of Surrey and Kent which were at that time broken and in decay and to take order for the repair of them As also to make necessary Laws and Ordinances for the safeguard and preservation of them according to the Laws and Customes of Romeney Marsh And morâ—over to imprâ—st so many Diggers and Labourers to be imployed thâ—rein upon compâ—â—ent salaryes as should be necessary in respâ—ct of the great necessity at that time for the speedy dispatch of that work The like Commission and direction had Iohn Bamburgh Richard Bamme Richard Drax and Philip Leweston in 25 H. 6. for the Banks in the same Lordships and places And in 31 H. 6. Sir Iohn Burcestre Knight Richard Waller Esquire Will. Laken Philip Leweston and others had the like for the view of all the Banks from East-Grenewiche in Kent to Wandesworth in Surrey So also had the said Sir Iohn Burcestre Sir Iohn Cheyne Knights Richard Waller Esquire Will. Laken and others for those betwixt West-Grenewiche and Wandesworth aforesaid viz. to the Sluces callâ—d Harescluse Râ—therhithe Suthwerke Bermondsey Parysgaâ—dyn Lâ—mbehythe Lambehythe mersh Batersey Wandesworth Clopham Pekham and Camberwerwell The like Commission for the same Places and to proceed accordingly had Sir Iohn Bourgchier of Barners Knight Sir Iohn Burcestre Sir Iohn Cheyne Knights and others in 33 H. 6. So also had Sir Raphe Iosselyn Knight Mayor of the City of London Sir Walter Moile Knight Sir Iohn Burcestre Knight Nich. Gaynesford Esquire Iohn Wode and others in 5 E. 4. And likewise Sir Richard Fenys Lord Dacres Iohn Abbot of Bermundsey Henry Prior of S. Marie Overey in Suthwerk Will. Crosse Master of the Hospital of S. Thomas the martyr in Suthwerk and divers others in 14 E. 4. CAP. XV. HAving now done with the Marshes on the South part of Thames I come to those on the North side lying in the Counties of Midlesex and Essex beginning with Middlesex where the first mention I find of any thing in this kind is that in 26 E. 1. Robert de Retford and Henry Spigurnell were assigned to view and repair the Banks and Ditches in Stebbenhethe and the parts adjacent After this viz. on Wednesâ—ay next after the Feast of S. Martin the Bishop in 18 E. 2. there was an inquisition taken at the Hospital of S. Kathrines neer the Tower of London before Will. de Broke and Robert de Kellesey then the Kings Justices for view of the Banks Ditches c. lying betwixt the said Hospital and the Town of Chadewelle and for repair of the same before whom the Jurors did present upon their Oaths that a certain person of antient time Lord of the Mannour of Stebenhethe before-mentioned whose name they knew not did by his industry recover a certain Marsh there containing about an hundred Acres of Land which Marsh was then drowned by the overflowing of the Thames and at the time of the said presentment so made had Banks Ditches c. and did so lye betwixt the said Hospital and Shadwelle but through the want of their repair was then frequently overflowed and in divers places drowned to the great damage of the people in those parts Which Lord of the said Mannour of Stebenhethe did afterwards grant by Charter to certain of his free men xlij acres and a half of Land with the appurtenances severally by parcells to be held by them and their heirs by certain services for ever and to repair and maintain the said Banks Ditches Sewers c. viz. each man upon his own proper ground bordering on the said River of Thames of which xlij
the Shireeve was commanded to distrain not only the said Bishop and his bondmen but all other persous having Lands between the said Hospital and the Town of Shadwell lying within the before-specified peril for the repair and amendment of the Ditch where the said ground-breach was made by that great floud and likewise to repair the Banks Ditches Sewers and Gutters which by means of that ground-breach were so broken and torn In pursuance of which verdict the said King in the same 18th year of his reign wherein the pleading above-mentioned was assigned Raphe Hereward Robert de Ashele and Iohn de Doure to view the said banks betwixt the before-specified Hospital of S. Katherines and Shadwell and to take order for their repair In the 15th of E. 3. Robert de Sadyngton Thomas de Blaston and Gervase de Wilford had Commission to view and repair the Banks c. on the coast of the said River being within the precincts of Westminster and the parts adjacent betwixt a place call'd the Neyt and Temple-barr in London then broken and in decay by the force of the tides And in 28 E. 3. Will. de Thorpe Will. de Notton Iohn Bray Thomas Ludlowe Will. de Hatton and Thomas Morice had the like Commission for those in the Town of Stebenhethe before mentioned as also upon the River of Lye in the confines of Middlesex and Essex in a certain part of Hakney neer to a Mill called Crachehegge betwixt the said Town of Hakney and the Town of Welcomstowe in Essex In 36 E. 3. Will. de Fyncheden Will. de Wynchingham and others were in like sort assigned for all the Banks c. betwixt the Chapel of S. Katehrine in Middlesex and the Town of Est-Tilbury in Essex So also the next year following were Thomas Morisse Thomas Frowyk and George Fanillore for those banks c. in the Marshes of Stebenhithe Brambeleye and Redclyve and elswhere within the Lordship of the Bishop of London upon the verge of the Thames And in 38 E. 3. Thomas Morice Thomas Frowyk and Iohn Brikclesworth for those in Stebenhithe and Brambeley from the Tower of London to the River of Leye In 41 E. 3. Iohn de Bampton Iohn de Sudbury and Thomas Brette were constituted Commissioners for the view and repair of the banks c. betwixt the before-specified Chapel of S. Katherine and Berkynflete in Essex and to do all things therein according to the Law and Custome of this Realm In 43 E. 3. Thomas de Lodelowe Will. Halden Iohn Sundbie and Iohn Chertsey had the like for all those aswell upon the coast of the River of Leye as of Thames which were in the parish of Stebenhithe So likewise the same year had Solomon Wauter and Nich Cartere for those in the said parish upon the River of Thames only with power to take so many Carpentersâ— and other Labourers as should be necessary for the work upon competent wages In 1 R. 2. Iohn Bampton Will. Rykhill Thomas Aspale and Thomas Mylende had the like Commission for those betwixt Blakewale and the before-mentioned Hospital of S. Katherine In 4 R. 2. Will. Cheyne Helmingus Leget Will. Rykhill and Will Cressewyke for those upon the River of Lye betwixt Stebenhythe and Bramle In 6. R. 2. the Prior of the Hospital of S. Iohns of Ierusalem being questioned for the not clensing of a Ditch neer Mileford for an hundred perches and could not deny but that he ought to do it and therefore the Shireeve of Middlesex was appointed to compell him by distresse for the performance thereof at his own proper chardges In the same year Will. Cheyne Will. Rykhill Iohn Shorediche and Will Cressewyke were appointed to view and repair the banks upon the River of Lye betwixt Stebenhethe and Bramle In 19 R. 2. Will Rykhill Will. Skrene Thomas Cherleton Iohn Shoredyche senior and Iohn Ongham had the like appointment for those betwixt the Town of Stratford atte Bowe and the Tower of London and to perform all things therein according to the Law and Custome of this Realm So also in 22 R. 2. had Will. Thirnyng Will. Rykhill Iohn Cokaine Thomas Charleton Iohn Shoredyche senior and Iohn Ongham the Shireeve of Middlesex being associated to them for the view and repair of those banks c. in Stebenhithe marsh and to proceed therein as aforesaid Which Commission was renewed in 1 H. 4. to all the parties before mentioned exceptiâ—g Iohn Cokayn In 5 H. 4. Iohn Cokain Will. Skrene Thomas Tyldeslegh Robert Rykedon and Iohn Hogham with the said Shireeve of Middlesex had the like And in 9 H. 4. Will. Cheyne Iohn Selman Iohn Profyt and Iohn Hogham and to act therein according to the antient Law and Custome of this Realm In 8 H 6. Henry Somer Robert Frampton Iohn Thwaytes Walter Grene and Alexander Anne were assigned in like sort for the banks c. in the Marshes of Stebenhithe and Walmershe and to make Statutes and Ordinances for the defence thereof according to the Laws and Customes of Romeney marsh as also to imprest so many Labourers for that imployment upon competent salaries as they should see necessary in respect of the imminent danger by the breaches in those banks which required their speedy repair In 26 H. 6. Iohn Fortescu chief Justice of the common Pleas Robert Wellys Abbot of Graces neer the Tower of London Iohn Fyloll Thomas Burgoygne Iohn Wylton Walter Grene Iohn Harpour Robert Tanfield Edmund Plofeld Iohn Eton and Thomas Croxton had the like Commission for the banks c. betwixt the Mill of S. Katherines neer the Tower of London to the Chapel of S. Marie Matfelon 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 thence to the said Mill and to make Laws c. according to the Laws and Ordinances of Romeney marsh as also to imprest Labourers c. as abovesaid Upon an inquisition taken in 27 H. 6. the Jurors presented that by the violence of the tides upon the banks of Stebenhithe marsh a great part of the said banks adjoyning to that marsh was then ruinous and broken through the neglect of the Land-holders there And that through the default of one Iohn Harpour Gentleman in not repairing his bank opposite to Depford strond there was on the Monday being the Feast of the Annunciation of the blessed Virgin in the 26 year of the reign of the said King H. 6. a breach made in the said bank of the before-specified Iohn Harpour for the length of xx Rods unto the land of Iohn Fyloll in so much as a thousand Acres of land lying within the said marsh were drowned And that he the said Iohn and all those whose estate he then had were obliged in respect of their land adjoyning to the
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
Passelewe and the said Simon sold them to one Cecelie de Lancaster And she the said Cecelie granted the said whole Lordship together with the Rents and services before mentioned to the Church of S. Leonard of Stratford and to the Nunns there serving God to hold in pure Alms And so the said Prioresse then had and possessâ—d the said Lordship together with the Rent and service aforesaid And she farther alleged that the said Robert le Ku whilst he lived and held those Lands and Hope alway repaired that Bank And after his decease the said Bank and Hope descended to Ioane his daughter and heir who was wedded to one Will. de Rokesle in whose time all the said Hope by a great inundation of the Thames was wholly destroyed and drowned And the said William then considering that the chardge of repairing of that Bank would much exceed the profit of the said Tenement wholly relinquisht all that Tenement and would not meddle any more with the said Bank and so the said Bank lyes unrepaired And she alleged moreover that the said Prioresse only received of her Tenants of those lands in that Marsh of the said Fee of Covele a certain Rent of xiiijs. over and above the service due and accustomed to the said Iohn de Handlo then chief Lord of that Fee and that she was ready according to the quantity of that Rent to contribute to the repair of that bank and therfore required justice to be done to her in the premisses And hereupon came the Abbot of Stratford by his Bayliff as also Iohn de Brumpton and Thomas le Bret in their proper persons and as Tenants of the lands in the said Marsh lying within the danger of the same bank alleged that the said Prioresse did unjustly prosecute that Writ forasmuch as she thereby endeavoured to excuse her self from the repair of the same Bank and to lay the burthen thereof upon the said Abbot and others They also alleg'd that the said Prioresse and all her Predecessors from the time that the said Lordship of the Fee of Covele came to their hands did use till that very time to make and repair the said Bank and that as often as they refused so to do they were ever thereto compelled and this they said they were ready to prove whereupon they required judgement And the said Prioresse saying as she did before added that forasmuch as she had been thus disquieted and molested by grievous and intolerable distresses she then did complain and brought her action and as before she did so she still required remedy acccording to the Precept of the said King Whereupon the said Justices having heard her complaint in this businesse and having respect to the said Kings Precept were willing to enquire and be informed touching the premisses and therfore yielded that an Inquision should be taken which was accordingly done by the said Iohn de Dakenham and his fellow Jurors who said upon their Oaths that there had been time out of mind and then were certain Lordships in the Town of Westhamme viz. the Lordship of Handlo the Lordship of Lancastre the Lordship of Placetz and the Lordship of the Prioresse of Stratford and that antiently all the Lords of those Lordships met together and agreed amongst themselves that each Lord should have a certain part of the Bank of Thames belonging to his Lordship And they said that to the Lordship of the said Prioresse there was assigned a certain parcell of that Bank now called Priores-Wall and that the said Prioresse was obliged to make and repair the same Bank at her own proper chardges in such sort as the other Lords before-specified are theirs And they said farther that the defects then in that Bank might be made good for Cs. And the said Prioresse having heard the verdict of the said Jurors alleged that they had not in any thing made answer to what they had in chardge Whereupon she required that they might make a further answer And therefore because the said Justices were not satisfied that the above-mentioned verdict was sufficient for them to ground any judgement upon by the tenor of their Commission they appointed that the said Jurors should appear before them again and have a new chardge for a better enquiry Whereupon they the said Jurors together with Nicholas le Forestere Richard le Saltere c. also sworn and associated with them came and said upon their Oaths that the said Iohn de Covele long ago viz. in the time of King Henry the third held xliij Acres and a half of Land in the marsh of West Hamme together with the said Bank now called Prioreswall which was then called Coueles-wall as also with a Hope adjoyning which Land and Hope were then wholly chardged with the making and repair of the said Bank And that afterwards the said Iohn long before the Statute of Quia emptores terraram c. being so seized demised all the said Land particularly to divers Tenants to be held of him the said Iohn and his heirs by certain services to be performed to him and his heirs for ever and that then he reserved to himself the said Bank and Hope together with the chardges of the same Bank and that he afterwards dimised the said Bank and Hope to one Robert de Ku to hold for ever because that the said Hope did then afford Pasturage for ten Kine yearly in Summer time And that afterwards the said Iohn did totally alienate all those his services together with all his Fee and Lordship of all his Tenants and their Tenements unto one Simon de Passelewe And that afterwards by divers alienations so made from hand to hand the same services with the whole Fee and Lordship aforesaid came to the hands of the said Prioresse who did then enjoy the said services and so likewise the said Fee and service of all that Land And they farther said that the before-specified Robert le Ku whilst he held the said Banks and Hope did undergo the chardge of the said Bank all his time as aforesaid And that after his decease the said Bank and Hope came to the hands of one William de Rokeslee and Ioane his wife daughter and heir of the said Robert in whose time by reason of an extraordinary floud of the Thames it was much spoiled and almost drowned so that the said William and Ioane considering the chardge of the Bank to be great and that they should not for the future receive any more benefit of the said Hope forasmuch as there was little of it left they wholly relinquished the said Bank and rendred it into the hands of the same Prioresse then Lady of that Fee as aforesaid And hereupon the said Jurors being asked whether any part of the Hope did then remain or not they answered that there did not And being farther asked who were then the Tenants of the said Lands which had so belonged formerly unto the said Iohn de Covele and they said that Iohn
Will. Gascoigne Will. Thirnyng Iohn Cokayn and Robert Tirwhit for those betwixt Stratford atte Bowe and Reynham In 8 H. 5. to Richard Baynard Will. Cheyne Richard Rede and Iohn Cornewailles for those betwixt Stretford atte Bowe and Stretford Langthorn on the South part the Road between those Towns and the River of Thames By both which Commissions they were to act according to the Law and Custome of this Realm In 17 H. 6. to Iohn Bishop of Bathe and Welles Sir Raphe Crumwell Knight Iohn Fraye Nich. Dykson and others for those from Stratford atte Bowe to Horndone thence to Hokley and thence to Tollesâ—ery and Wybergh with power to make Laws and Statutes c. according to those of Romeney marsh and to do all things touching the same repairs according to the Law and Custome of that Marsh As also to imprest so many labourers c. for competent wages as should be needful for that work c. In 18 H. 6. to Sir Raphe Crumwell Knight Iohn Fray Robert Rollestone Clâ—rk and others for all those betwixt the town of Ware and the River of Thames upon the River of Leye In 26 H. 6. to Peter Arden one of the Justices of the Common Pleas and chief Baron of the Exchequer Sir Thomas Tyrell and Sir Maurice Bruyn Knights Iohn Bamburgh Iohn Lymyngton and others for those betwixt Portflete mylle to Reynham flete thence to Reynham Church thence to Wenyngton Church thence to the messuage of Thomas Bernerde and thence to Portflete mylle before mentioned In 30 H. 6. to the Abbot of S. Osithes Iohn Godmanston Esquire Iohn Grene Robert Tanfield and others for those in the Hundred of Tenderyng In 33 H. 6. to Sir Thomas Tyrell Knight Will. Notyngham Robert Heworth Will. Tyrell Esquire Mathew Hay Esquire and Will. Pert for those betwixt S. Katherines Chapel upon Bowe bridge in the Parish of West Hamme unto Est Tilbury In 34 H. 6. to Sir Thomas Tyrell Knight Will. Tyrell junior Esquire Iohn Grene Iohn Geney and others for those within the limits of Stratford atte Bowe to Horndone thence to Hokley and thence to Tollesâ—ery and Wyggeberghe In 1 E. 4. to Will. Notyngham Rob. de Heyworth Thomas Heytone Walter Wretille Esquire and Will. Pert Esquire for those from the Mill called Tempylmylle to the Chapel of S. Katherine upon Bolwebrigge thence to Horndone c. as in the last In 9 E. 4. to Sir Will. Tyrell Knight Thomas Urswyk Humfrey Sterkey and others for those Banks from Est Hamme to Horndone and thence as aforâ—said The like Commission for the Banks in those very places had Iohn Earl of Oxford Sir Will. Tyrell Knight Iohn Grene Thomas Urswyk and others in 49 H. 6. In 16 E. 4. Sir Thomas Urswyk Knight Sir Thomas Montgomerie Knight Sir Iohn Say Knight Iohn Elryngton Will. Alyngton and divers others were appointed to view and take order for the repair of all the Banks c. upon the River of Leye both above and below the Town of Ware unto it's confluence with the Thames And the next year following the said Sir Thomas Urswyk Peter Courtney Clerk Alured Corneburgh Esquire Hugh Bryce and others were in like sort appointed for those Banks from Bowe-bridge to Raynham In all which from 6 H. 6. the said Commissioners were directed to proceed according to the Law and Custome of Romeney marsh and to make Statutes and Ordinances for the regulating of all things touching those Banks Ditches Sewers c. in such sort as those are which concern that Marsh as by an Act of Parliament made in the same 6th year of King Henry the sixth they were impowred which Act continueth in force at this day Forbearing therefore to give instance in more particulars I shall cloze up this Chapter touching the Marshes of the before-specified County with what I have met with touching the levell of Havering and Dagenham at a Session of Sewers held at Romford xvi Maii 36 Eliz. before Sir Henry Gray Knight Sir Iohn Peter Knight Richard Warren Esquire and others where for the recovery of Havering marsh then overflown and drowned and preventing the like to Dagenham levell it was decreed that Dagenham Creek should be immediately inned and that whereas the said drowning had been occasioned by a breach in the wall of Will. Ayloff of Hornchurch Esquire he the said William to pay the summ of â—ive hundred pounds and the Land-holdâ—rs of Dagenham certain rates by the Acre for all their marsh grounds lying in the said levell viz. the Lands on Dagenham side against the said Creeks at CCLxvl. and the Lands in Havering levell the summ of DCCl Howbeit these Banks being not made strong enough to withstand those tempestuous storms and violent tides which hapned in the month of September An. 1621. viz. 19. Iac. Cornelius Vermuden Gentleman an expert man in the Art of banking and drayning being treated withall by the Commissioners of Sewers appointed for the view and repair of the breaches then made undertook the work and pâ—rfected it but such being the perversnesse of those as were owners of the Lands assessed by the Commissioners â—o undergo the chardge thereof that they neglected to pay their proportions thereof upon complaint therefore made to the said Commissioners he the said Cornelius in recompence of his chardges had parcell of the said Lands assigned unto him which assignation was by the Kings Letters Patents bearing date 1º Aug. 1º Caroli reciting the Act of Parliament of 13 Eliz. cap. ix viz. that where any person should be assessed by the Commissioners of Sewers to any lot and refuse or neglect to pay the same the Land to be leased or past in fee simple in recompence to the undertaker confirm'd to him the said Cornelius and his heirs CAP. XVIII HAving now done with the Marshes in Essex of which by reason of their adjacency unto the Thames I thought fit to take notice in this order as I have done I must according to my designed method return Southward and before I come to Sussex of it self observe what I have found touching that County and Kent promiscuously In King Iohn's time upon a sute betwixt the Archbishop of Canterbury Prior of Lewes Plantiffs and Rob. de Denton and others concerning certain Sea-banks in those parts Robert de Marti who was one summoned upon that businesse appeared and did put himself upon the men of the Archbishop in Mauling of the Earl Warren in Pidingho and Metinges for the repair of those banks in such sort as they ought and had wont to be A multitude of Commissions through the reigns of sundry Kings I do find upon this occasion whereof the most are in general terms for the view and repair of the Banks Ditches and Sewâ—rs in both those Counties but some do expresse particularly in what places unto all which I shall briefly point according to the
was much hindred and obstructed through the default and neglect of all the Tenants of the before-mentioned 6358 Acres 3 Rodes and a half of Land with the appurtenances who according to their proportions were also obliged to those repairs That is to say the Tenants of two hundred and nine Acres of land Meadow and Pasture thereof lying in the Marâ—h of Megeham two furlongs and seventeen perches of that Sewer in length beginning at the said place of Squabbar and so going on unto ............ And all those Tenants from the said place of Gorebreggs to the place called Sakevylestrow for the said Tenements one moytie of the said Sewer towards the North. And all the other holding an hundred fourscore and ten Acres of land Meadow and Pasture in the Marshes of Megeham and Whelpole the other moytie of the said Sewer towards the South containing in length sixteen furlongs And the Tenants of three hundred and sixteen acres of land Meadow and Pasture in the Marshes of Boghele Balle and Herst-Monseux from the place called Sakevylestrow to the place called Ladytrowe seven furlongs of the said Sewer And from the said place called Ladytrowe all the said Tenaâ—ts of the Lands and Tenements aforesaid in the Marshes of Megeham Whelpole Boghele Ball and Herst-Monseux for those their Tenements seven furlongs of the said Sewer unto the said place of Yortham And from thence the Tenants of eight hundred ......... and four Acres in the Marshes of Horsye and Doune for their Tenements three furlongs and nine perches of the said Sewer unto the said bounds of Rikenebrigg and from that place to â—â—e old sluce of Pevenese and thence to the place called Wyllindonestrow the said Sewer to be repaired by all that hold the said lands in the Towns of Wortling ................ Horsye Mankesye Haylesham Westham and Pevenese in common and that in the evacuation of the fresh waters by the said Sewer if thaâ— Sewer should be enlarged they should have benefit and full safeguard without any contribution from the other Lands and Tenements lying in the Towns of Bourne Langenere and Willyndon which from that time by the law of the marsh ought not to contribute to their repair forasmuch as those lands could not in any wise be preserved by the said Sewer And they farther certified that there was another Sewer beginning at a place called the Hokes and extending to the Clyne of Langene and so to the said place called Wyllindonestrow by which the fresh waters of the said Lands and Tenements in the Marshes of Bourne Langeneye and Wyllingdon descending to the Sea were voided away Which said Sewer the Tenants of those lands and Tenements in the Towns of Bourne Langeneye Willyndon ought to repair and maintain for evacuation of the fresh waters and that they and their Ancestors did time out of mind so do And that the said Sewer in that place called Willindonestrow unto the said Gutter ought to be repaired by all the land-holders except within the before-specified limits so that the fresh waters being conjoyned by both the said Sewers might passe to the said Gutter and be thereby evacuated which Gutter to be repaired at the common chardge And that from .......... unto the house called Wyllindonestrow and to the Sluce of Pevensey it ought to be repaired at the chardge of all the said Land-holders in the Towns of Wortling Otham Hurst-Monceux Horsie Mankesie Haylesham Westham and Pevenesey only and that thence to the said Gutter it would be necessary for the safeguard of the whole Marsh to enlarge the same Sewer in bredth two perches and in depth three foot at the chardge of all the Tenants of the whole Marsh within the bounds and limits aforesaid And they presented moâ—eover that from the said place called Wyllendonestrow by the side of the said old Sewer on the East it would be fit to have a a new Sewer made in the common Marsh in bredth three perches and in depth xv foot extending to the said Hillock as also a new Gutter through the midst of that Hillock in length xx perches in bredth eight foot and depth two foot and an half and to enlarge the old Gutter unto sixty foot in length the chardge of all which was then esteemed at CClibr. And they farther certified that if the said Sewers and Gutters should be so repaired great profit and safeguard would accrue thereby but if speedy remedy were not had the losse in a very short time would be inestimable Whereupon command was given aswell to the Constable of Dovor Castle and VVarden of the Cinque Ports or his Lieutenant as to the Shireeve of Sussex to summon the Abbot of Begeham and his participants as also all and singular the land-holders in the Villages aforesaid to appear before the said Justices at Westham upon Monday next after the Feast of the Purification of the blessed Virgin to answer why c. as also all the land-holders within the said marsh that they should likewise then and there meet to perform and do what should be directed by the King 's VVrit so sent unto the said Lieutenant c. And the said Shireeve did make his return at that appointed day before the said Justices that he had given notice accordingly unto the Abbot of Begeham c. as also to the land-holders in the said Marsh to appear at Westham upon the day before-specified Divers others were then also summoned by the said Shireeve in like sort some whereof appeared but the Abbot of Begeham and many others came not And those that appeared answered that neither they nor their Ancestors whose estate they then had in those lands with the other lands tenements lying in the said towns of Wortlyng Otham Herst-Monceux c. had used to repair in common the before-mentioned Sewer from the place called Rikenebrig unto the old Sluce of Pevenese and that in case they had so repaired those Gutters and Sewers they should have had no benefit by the evacuation of those fresh waters as by the said Presentment was then supposed VVhereupon by virtue of another VVrit directed to the said Constable of Dovor a Jury was impanelled and Sir William Hoo Knight with divers others being summoned did appear in person and did severally say as to their Tenements lying in the said Town of Mankesye without the liberty of the Cinque Ports that there was a Sewer called Mankesey streme beginning at a certain boundary called Herstbolt and extending it self under Walleres Haven unto the old Port of Coding by which Sewer the fresh waters descending into those parts were evacuated and that they and their Ancestors whose estate they had in the beforespecified lands did use time out of mind to repair the said Sewer and had commodity and ample safeguard thereby without that that they and their Ancestors and those whose estate they had in the Tenements aforesaid did in common repair and maintain that Sewer beginning at the boundary called Squabber tending to Gorebreggs and
upon their Oaths that the common Watercourse betwixt Asheburnehamesmyll and Batesford to Godyngeshavene was so obstructed by sand mud grasse and other filth that three thousand seven hundred eighty and three Acres of land were by this stoppage of the course of the fresh waters drowned that it would be necessary profitable for the safeguard restoration of those lands that the common current from Morespicheswalle to the Mark dyke were newly clensed which contained six furlongs by estimation and might be scoured for xij Marks Which Chanel all the Landholders as well above Borham bregge as Rokland Morhale Hoo Ladyland Cralle and of the Land of Christian atte Mershe ought to make clense and scour And they also said that the current from Markdyke to Pevenese bridge contained in length xiij furlongs which being then likewise filled with mud and sand by the ebbing and flowing of the tides might be clensed and scoured according to their estimation for xll. And that there was need of a new Sluse at the said Pevenese bridge in length xx foot in bredth xiiij and in height four foot which might be made for xl. by estimation to the scouring of which Chanel and making the Sluce all the Land-holders above Borham bregge in Brodewyshe and Cornbroke ought to make full contribution and the Land-holders above Tonleghebregge to Condennesbregge half contribution according to the proportion of their lands And likewise all the Landholders on the South side of Morespicheswalle half contribution according to the quantity of their said lands And that all the Land-holders in the marsh of Mankesye Bestenovere Marchalls Bakers and Wykham to contribute for the purposes abovesaid a fourth part for this present occasion but not to be claimed as a due in time to come And they farther said that it would be necessary and profitable for all the Land-holders aforesaid and for the security of Pevense Haven that all the Banks on the other side upon the Saltes from Morespicheswalle to the Sea should be broken and taken away without any impediment of the Tenants of those Banks And they said moreover that if the said Port of Pevenese had not been stopt up with mud and sand by the ebbing and flowing of the Tides so that the fresh water from the said Sluse could not have it's course then would it have been needfull that the said Sluce should be pulled up and set down anew at Wyldemershe betwixt the Sluce of Hoo and the Sluce of Mankeseye and that a new Sewer should be made from the said Sluce so placed anew through the midst of the Lands of Iohn Aske unto the Kokyr of Mankesye allowing for the Land of the said Iohn Aske according to the Law Custome of Romene marsh Also they said that it would be necessary and beneficial for the Abbot and Covent of Begham for his lands at Roklond that they and their successors have one little Sewer with a bolt fastned under the common Water-course into the Brook of Hoo for evacuation of the dead water arising from rain and springs in the said grounds of Roklond and this to be made at their own proper chardges And the said Abbot and his successors to maintain the said VVater-course from that bolt called Morespicheswalle at their own proper chardges And if the said current through the increase of the water should go out of it's course by the neglect of the said Abbot or his successors that then it might be lawful for the Tenants of Hoo to shut up the said bolt untill he the said Abbot and his successors did make full satisfaction to the said Tenants of Hoo for their losses therby occasioned And the said Jurors did likewise affirm that it would be necessary to have one Bayliff one Collector one Expenditor and other Skawers of the most sufficient land-holders who might have power to do all things therein according to the Law and Custome of Romene marsh and to make new Ordinances of Pevense marsh and to return them into the Chancery to be exemplified with the said Kings great Seal so that if the said Sewers or Floudgates should be so repaired they might have benefit and full safety thereby And that in case a proper remedy were not the sooner had therein an inestimable losse would be like to happen within a very short time VVhereupon there was a Precept issued out both to the Constable of Dovor Castle or his Lieutenant and to the Shireeve of Sussex that both of them should give warning to all and every the land-holders of the Tenements within those Towns to appear before the said Commissioners at Marchalleswalle neer the ......... of Pevense upon the Thursday being the Eve of S. Margaret the Virgin then next ensuing to shew what they could say for themselves why they ought not to be chardged with the performance of those repairs according to the proportion of their holding and form of the said Inquisition and to do and undergo what the Kings Court should further appoint in that behalf And accordingly Iohn Colbrond was elected to the Oâ—fiâ—e of Bâ—yliff and sworn to act according to the Custome of the Marsh And Richard Palmere to the Office of Collector and Expenditor and sworn as aforesaid And Thomas Colbrond William Bulke and others to the Office of Skawers and sworn likewise to undergo that Office according to the Law and Custome of the said Marsh. At which day the said Lieutenant to the Constable of Dovor Castle made his return to the before-specified Prior of Michesham and his Fellow Justices that he did summon Iohn Aske Robert Redyng with divers others to appear before them and likewise the Abbot of Begham But the said Iohn Aske and many others appeared not But Iohn Wodelond and some others who did appear were ready to contribute to those repairs c. In 8 H. 4. Sir Iohn Dalingrugge Knight George Ballard Stephan Bettenhamme Will. Snayth Henry Horne and others were constituted Commissioners for the view and repair of the Banks upon the Sea-coast from a certain place called Blakwose in Kent unto Rye in this County and the coasts of the water called Apoldreflete from the Sea to Bodihamme on both sides the said water which at that time were much broken with the Tides And to perform all things therein according to the Law and Custome of England and the Custome of Romeney Marsh. And the next year following the same Sir Iohn Dalingregge Sir Iohn Pelham Knight Robert Oxenbrigge Iohn Hall the elder and Iohn Hall the younger had the like Commission for the Banks upon the Sea-coast betwixt Hastynges and Boxle within the Parishes and Towns of Wyltyng Holyngton Boxle Crowherst Hastynges and Bulwerhythe and to transact all things therein according to the Law and Custome of this Realm In 2 H. 5. upon an Inquisition taken before Thomas Erpyngham Constable of Dovor Castle Will. Brenchesle Robert Oxenbrigge and others for the view and repair of the Banks betwixt Farleghe in
of Sewers wherewith I have met in our publick Records is in 32 E. 1. which was directed to Robert de Clare Gilbert de Bere and Master Gereberd who were thereby assigned to view and take order for the repair of the Banks Ditches Gutters and Sewers in Brentmershe Pederham Wringemershe and Saltmershe and to clense the Gutters Chanels in such sort as that the streams as well of the fresh water as salt might have thenceforth their right and antient course in all those places In 2 E. 2. Matthew de Furneaus and Will. de Burne were constituted Commissioners in like sort for all the Banks c. in general both upon the Sea-coasts and elswhere in this County The like Commission in 4 E 2. had Iohn Randolf Iohn the Son of Tho. de Beauchamp Will. de Burn. So also in 9 E. 2. had Iohn de Meryet Richard de Rodeneye and Iohn de Clivedone In which year likewise Iohn Randolf Will. de Harden Iohn de Westcote and Richard de Rodney were appointed to enquire of the breach of the Banks and Ditches of Iohn de Goddeleigh Dean of Wells in the lands belonging to his Deanery at Merk in this County which very antiently in the time of his Predâ—cessors had been raised for the preservation of the lands of the same Deanery Modesse Wodmore and Bydesham against the power of the fresh waters which descended by a certain Chanel in the said Town of Merk towards the Sea And also of certain Sluces of the said Dean in his said Town of Merk built for the evacuation of water in floud times which Sâ—uses were then broken down by Philip de Columbers Robert de Brente Iohn his Brother and others The like Commission was then directed to the said Iohn Randolf and the rest to enquire of the breach of the Banks câ— of Iohn Bishop of Bathe and Welles in the lands of his Bishoprick at Blakeford neer Merke before-specified Many other Commissions for the view and repair of the Sea-banks and others in this County were afterwards granted to several persons viz. in 10 E. 2. to Iohn de Beauchamp Will. de Burne and Iohn de Fosse In 18 E. 2. to Iohn Randolf Elias de Godele and the said Iohn de Fosse In 19 E. 2. to Iohn de Clyvedon Hugh de Langelond and Elias de Godele In 20 E. 2. to Iohn de Mohun and Iohn Randolf In 3 E. 3. to Iohn Inge Hugh de Langlond and Peter Coleswayn for those Banks betwixt Bristoll and Muchaney In 14 E. 3. to Richard Lovel Henry Power and Roger de la Walle for those in Brentmershe betwixt the Town of Stert and Burcle in length and Wollavyngton and Hegh brugge now called High bridge in bredth In 17 E. 3. to Richard Lovel Iohn Inge Iohn de Mere and Henry Power for those betwixt Bristoll and Dunstere and the parts adjacent So also in 22 E. 3. to Iohn Inge Iohn de Clyvedon Henry Power and Adam Bret. In 25 E. 3. to Sir Iohn de Clyvedon Sir Iohn de Seintlo Knights Iohn de Somerton and Nicholas de Ledrede for the Banks in divers parts of this County In 32 E. 3. upon a pleading occasioned by an Indictment against the Dean of Welles and Richard de Cogan and their Tenants for the not scouring the Watercourse neer Hakmede and Holimede and against the Dean alone for two Sluses called Netherpound and Southerpound and for a Floud-gate called Hakewere they were then acquitted In the same year Mathew de Clivedon Sir Iohn de Clivedon Knight Sir Walter de Paveley Knight and others were assigned to view and repair the Banks c. betwixt Bristoll and Taunton and betwixt Bruton and Severne In 34 E. 3. Sir Richard de Acton Sir Iohn de S. Lo Knights and others had the like assignation for the Banks betwixt Bristoll Martok and Taunton and betwixt Bruton and Severne In 36 E. 3. Sir Richard de Diton Knight Walter de Aldebury Sir Iohn de Seintlo Knight Mathew de Clivedon and others had the like for those at Bristoll Mertok and Taunton as also at Welyngton Dunsterre Bruton and Severne So also in 1 R. 2. had Sir Richard Acton Knight Henry Percehay Sir Iohn de la Mare Knight Sir Iohn L'orly Knight Robert Syddenham Robert Cheddre and Iohn Panet In 2 R. 2. Sir Iames de Audeley Knight Lord of Hely Sir Will. Botreaux Knight Sir Henry Percehay Knight Sir Richard Acton Knight Walter Clopton and others were constituted Commissioners for the view and repair of the banks c. in Brentmershe and Wryngemershe and in other places upon the Sea-coast and water of Severne betwixt Bristoll and Dunsterre After this divers Commissions for the Banks Ditches c. in general throughout this County were issed out viz. in 5 R. 2. to Sir Maurice Wyth Sir Will. de Bonvile Sir Iohn Weyland Knights Richard de Sydenham and Iohn Manyngford And in the same year to the before-specified Sir Iames de Audeley Sir Guy de Bryan Sir Will. Cogan Sir Iohn Trivet Sir Iohn Rodeney and Sir Iohn de la Mare Knights Iohn Cary Will. Cary Iohn Domere and Iohn Barre By virtue of which Commission the said Sir Guy de Brien Sir Will. Cogan Sir Iohn Tryvet Sir Iohn Rodeneye and Sir Iohn de la Mare Knights Iohn Cary Iohn Domere and Iohn Baree met at Bridgwater on Monday next after the Feast day of S. Margaret the Virgin where the Shireeve of the County having received the said Kings Precept to that purpose caused xij honest and lawful men within his liberty to appear viz. Iohn Ivethorn Iohn Eyr c. who did upon their Oaths present that there was a certain bank called Southlake Wall lying betwixt the Path and Tutte yate trees in Weston by which divers Watercourses called Runes were obstructed by the Abbot of Glastonbury and his Tenants insomuch as the said water overflowed and drowned the Meadows and Pastures of many men to the damage of the whole Country and that the said Abbot and his Tenants ought to reform the same And they also said that there were in the River of Peret two VVeres called Tappyng Weres whereby the course of the water was straitned which ought to be amended and removed by the Abbot of Glastonbury and Bishop of Winchester And that there was a certain pleck of Osiars at Tutte yate in Weston appropriated by the said Abbot and his Tenants by which the water course was straitned and stopt to the damage of the Country and that it ought to be amended and totally removed by the said Abbot and his Tenants Whereupon the said Abbot and his Tenants constituted Iohn Panes and Iohn Fitelton their Attorneys to answer to this chardge By another Inquisition taken at that time before the said Justices upon the Oaths of Iohn Strache and others
overflowed to the great damage of all the Country adjacent VVhereupon the Shireeve had command to summon the said Towns of Newsome c. who appearing accordingly answered that they could not deny but that they ought to repair and clense the said Sewer and that the same was not stopped by the making of certain Clows therein therefore they were amerc'd And the Inhabitants of Lostsome for their said Town of Lostsome also said that they could not deny but that theyâ— together with the towns of Newsome Birnd Knedillyngton Askelby and Barneby ought to clense and repair the same Sewer but they said that the current thereof was not stopped by the setting down of those Clows as it had been supposed and of this they requested that inquiry might be made by the Country VVhich being accordingly done the Jurors found that the said town of Lostsome together with the towns of Newsome Birnd Knedillyngtone Askelby Barneby had by making of those Clows obstructed the before-specified Sewer therefore the said town of Lostsome was amerc'd and it was decreed by the said Justices that those Clows should be taken away at the chardge of the Inhabitants of that place and of the rest before-mentioned And the Shireeve was required to see the same accomplishâ— and the Sewer repaired In 11 H. 4. Thomas Knight of Arkesey was attached by Iohn Fastolf who alleged that he the said Thomas ought to repair certain Banks upon the River of Done in respect of his lands in Bentley To which the said Thomas pleaded that he ought not In the same year it appears that the Abbot of Thornton was distrained for the repair of Thornton damme and Hamister damme which do râ—ach from Langdyke to the River of Ouse But the Abbot pretending errors in the judgment formerly given required that it should be revoked and so he did likewise for Blaktoft damme alias Hansardamme which extendeth it self from Fulney to the stream of Ouse which Chanel Sir Richard Hansard Knight and the town of Blaktoft ought to repair In 13 H. 4. Gerard Usflete Will. Lodyngton Richard Gascoigne Thomas Egmantone Guy Rouclyff Will. Rosselyn Rob. Haldenby and Iohn Garton were constituted Commissioners for the view and repair of the Banks c. upon the Rivers of Ouse Done and Eyre in the parts of Merskland and to proceed therein according to the Law and Custome of the Marsh. The like Commission in 1 H. 5. had Richard Norton Will. Lodyngton Peter de la Hay Iohn Dronsfeld Robert Barneby Will. Shirewode Thomas Saynpole and Nicholas Braytone for those banks c. from little Smitone to the River of Done and to do all things therein according to the Law and Custome of this Realm So also in 6 H. 5. had William Lodyngton Richard Gascoigne Guy Rouclyf Guy Fairfax Gerard Lodyngton others for the banks upon the said Rivers of Ayre Ouse and Done betwixt Turnbrigg neer Rouclyf the antient course of the said River Done in the parts of Merskland and to proceed therein according to the Law and Custome of this Realm In 9 H. 5. Robert Tirwhit Iohn Preston Iohn Aske Thomas Clarell Peter de la Hay Richard Gascoigne Guy Rouclif Guy Fayrfax Iohn Pigot Robert Rudstane Thomas Banke and Thomas Aungere were appointed to view and repair the Banks c. upon the Rivers of Ayre Ouse and Done betwixt Ouerfmouth and the antient Chanel of Done in the parts of Merskland and to proceed therein as abovesaid The like appointment in 1 H. 6. had Iohn Preston Iames Strangwayes Richard Gascoigne Guy Rouclyff Guy Fairfax Iohn Portyngton Thomas Aunger William Stansfeld and Will. Outhorpe for those banks upon the coasts of Ayre Ouse Done and Went betwixt Snayth and the antient course of the River of Done in the parts of Mersland and to proceed therein as abovesaid So also the year following had Robert Tirwhit Iohn Prestone Sir Henry Bromflet Knight Iohn Aske Peter de la Haye Iohn Ellerker Guy Rouclyf and Iohn Portyngton for those c. upon Ouse Derwent Humbre and Hull within the VVapentake betwixt Ouse and Derwent the liberty of Hovedenshire and VVapentake of Herthill and to do all things therein according to the Law and Custome of this Realm In 6 H. 6. Iames Strangways Thomas Fulthorpe Guy Rouclyff Guy Fayrfax Will. Ashowe Iohn Aske and Thomas Beaulieu were constituted Commissioners for the view and repair of the Banks c. upon the Rivers of Ayre Ouse and Went betwixt Snaythe and the old Chanel of Done in Merskland and to act therein as abovesaid And in the same year Sir Robert Bapthorpe and Sir Henry Bromflete Knights Iames Strangwayes Iohn Ellerker Iohn de Aske Guy Rouclyff and Iohn Portington had the like Commission for those banks c. within the liberty of Hovedene and VVapentake of Herthill as also betwixt the Rivers of Use and Derwent with power to make such Statutes and Ordinances for the safeguard and preservation of the coasts within those limits as should be necessary and fit according to the Laws and Customes of Romeney Marsh and to do all other things therein according to the Law and Custome of this Realm and the Custome of Romeney Marsh aforesaid As also to imprest so many Diggers and other Labourers upon competent wages in respect of the great and urgent necessity to expedite the work as they should think fit to imploy therein So also had Iohn Ellerker Tho. de Metham Thomas Clarell Robert Willughby Guy Roclyff Richard Wyntworth Iohn Maleverer and Iohn Portyngton for those betwixt Turnbryg and the Rivers of Done and Ouse And to make Statutes and Ordinances and to proceed c. as aforesaid And likewise Sir Will. Babyngton Sir Henry Bromflete and Sir Robert Bapthorpe Knights Thomas Metham Esquire Guy Roclyff Iohn Portyngton and Will. Moston for those within the Wapentake of Herthill and the Wapentake betwixt Ouse and Derwent and liberty of Howedon and to act therein as aforesaid So also the year following had Sir Will. Rither Knight Iames Strangways Thomas Clarell Esquires Guy Fairfax Iohn Thwaytes Robert Maleverer and Thomas Lyndeley for the Banks c. upon the Rivers of Ayre Ouse and Yore and to proceed as abovesaid And the like in 13 H. 6. had Iohn Ellerker Thomas Metham Iohn Constable Iohn Portyngton Will. Mustone and Robert Cawode for those in Mershlonde betwixt the Rivers of Owese Doone Ayer and Went and to proceed therein as abovementioned Many other Commissions there were to the like purpose and to make Laws and Ordinances according to the Laws and Customes of Romeney Marsh c. viz. in 23 H. 6. to Iohn Portyngton senior Iohn Nevill Guy Roclyff Iohn Portyngton junior Rob. Roclyff Geffrey Blakey and Peter Perc for those Banks c. in Mershlond betwixt the Rivers of Owese Doone Ayre and Went. In 27 H. 6. to Iohn Portyngtone Rob. Bapthorpe Esquires Guy
ought to clense and scoure the Sewers of Stakesgraft Swynman dam and Swanelond so that the current of the water might not be hindred froÌ„ the fen to the Chanel which carrieth it to the Sea And they said that there was great necessity of a good Bank for preservation of the Fen betwixt Deping and Spalding from the House of Iohn the Son of Simon of Spalding to Wodelode to be made at the chardge of the Prior and Town of Spalding so that each aâ—re might be taxed alike and that no Hoggs might come neer that Bank nor any defensible Banks in any place of Holand nor the Sewers therein by the space of half a mile And they lastly said that all the beforespecified Ordinances were for the common benefit of the said Towns in Kesteven and Holand and that every Acre ought to be assessed alike in all taxes and costs for the necessary repair of the said Gutters Sewers Banks and Bridges In 25 E. 3. there was a Petition exhibited to the King and his Counsel in Parliament by those of these Provinces of Kesteven and Holand who resided in the Fenns shewing that whereas the antient boundary called Midfen dike and other metes which go through the said Fenns from the river of Weland to the stream of Withum which had wont to be the old limits betwixt these two Provinces as by certain Crosses of stone then continuing was very evident were at that time by reason of floods and other impediments so obscured that no certain knowledge could be thereof insomuch as great controversies and debates were occasioned betwixt the Inhabitants in those parts upon execution of the Kings Writs and otherwise the said King did therefore assign Saier de Rocheford Alexander Aunsell Simon Simeon Will. de Skipwith Thomas de Sibthorpe and Thomas de Levelance to take view of the said boundaries and to distrain all such persons for the scouring and clensing the same who ought to have performed that work After this divers years viz. in 41 E. 3. Godfrey Fuljaumbe Simon Simeon Walter de Campeden and others were appointed to view and repair the Banks Sewers and Ditches from Bardney ferry to Catebrig within the Province of Kesteven and within the Wapentak of Ellowe in the parts of Holand Upon a pleading in 3. H. 4. I find that on Will. Wyting of Deping was pardoned for the breaking down of two Crosses which had been set up betwixt these Provinces of Kesteven and Holand by five of the Kings Justices upon the said King's appointment In 3 H. 5. Thomas le Warre Robert de Wylughby Will. Lodingtone Robert Hagbecche Geffrey Lutterell Iohn Belle Iohn Henege and others were constituted Commissioners for the view and repair of the Banks Ditches and Sewers in these parts of Kesteven and Holand then in decay with direction to proceed therein according to the law and custome of this Realm and the Custome of Romeney Marsh As also to take such and so many workmen and Artificers upon competent wages as they should think fit to be imployed in that work in respect of the great necessity for expedition therein The like Commission in 5 H. 5. had Thomas Duke of Clarence Gilbert Umframvill William Lodyngton Iohn Cokayn Iames Strangways Thomas de la Launde and others and to act therein according to the custome of the Marsh and the law and custome of this Realm So also in 26 H. 6. had Iohn Viscount Beaumont Sir Robert Wylughby Knight Sir Raphe Cromwell Knight Sir Leo. Welles Knight Nich. Dixon Clerk Thomas Merys and others with direction to make Laws and Ordinances therein consonant to the Laws and Customs of Romeney marshe and to hear and determine of all things touching the same according to the Law and custome of the said Marsh As also to imprest Ditchers and other Labourers upon competent salaries and to imploy them in the said work as long as there should be occasion so to do in regard of the great and imminent danger which might by delays accrue In 7 E. 4. Richard Earl of Warwick Humfrey Bourchier Lord Cromwell Sir Henry Stafford Knight Sir Thomas Burgh Knight Oliver S. Iohn Esquire Will. Husee Will. Coote and divers others had the like Commission for the view and repair of all the Banks and Sewers c. from Staunford in this County to Dodyngton Pigot and from thence throughout these two Provinces to the Sea c. And in 34 H. 8. Charles D. of Suff. Rob. Dymmoke Tho. Heneage Iohn Copledyk Iohn Hussey and Rob. Tirwhit Knights Edw. Dymoke Ric. Themolby and others Esâ—uires then Commissioners of Sewers in these parts sitting at Donington decreed that the Floudgate or Sluse under Boston Bridge should be repaired at the chardges of the Wapentakes of Kyrton and Skirbek in Holand for the one half and the Wapentake of Ellow and Town of Boston for the other half to be performed before the Feast of All Saints then next coming in as compleat a manner as it had been formerly done by Margaret Countess of Richmund and Derby Moreover that two great Sewers xx foot wide and 5. foot deep should be made and digged in the divisions betwixt Kesteven and Holand from the most Western point at Gotheram coat corner neer the River of Glen unto Wragmere stake thence to the River of Wythom at Langrake where then lay a certain Sluse in the said River so as the said Sewer and Water-courses were noâ— above xxxvi foot one from the other until they come to Wragmere stake and that the menure should be cast betwixt the said Sewers to raise a firm Bank And from Wragmere stake both Sewers to run in one Chanel of xxx foot broad in a direct line leaving the division of those Countries to Gilsyke to go wholy in the Eight hundred Fen of Holand And that the said Sewers from the River of Glen to Wytham so intended from the South to the North should â—all into enter and go through all the loads and draynes in the Fenns aforesaid which came out of the parts of Kesteven to Hamond beck alias Holand Fen dyke to the end that all the water going together might the better run within its own Brinks and Chanels and the sooner come to the Sluse at Skirbek gote and the new Gotes by that decree intended And that those Sewers should be made in manner following and in places hereafter named viz. first from the said place called Gotheramscote unto Nestilholm corner by a right line on the outside of Nestilholme aforesaid where the Harth stede is and the limits divyding Holand and Kesteven and that the said Sewer should come as neer to the corner aforesaid as might be so that it enterd not into the Dyke of Nestilholm aforesaid And that the said Sewers should be made from the place to the place aforesaid on the Westside within the several Townships by the Inhabitants of Burne cum membris Moreton cum membris Haconby cum membris
thrown down in divers places as it was very lawfull for him to do and that he did not cast down any Causey else therefore both himself and his Covent were dischardged of the before-mentioned presentment In 40 E. 3. the Jurors for divers Hundreds presented before Gilbert d'Umfravill Earl of Anegos and his fellow Justices for the Gaol delivery then sitting at Lincolne that the Town of Spalding ought to scour and repair a certain running River called Weland from the house of William atte Touneshende of Spalding unto a place called Brother house which they had not done and that by reason thereof great damage did accrue to the Kings Liege people Whereupon the Shireeve had command to summon the Inhabitants of Spalding to answer this chardge VVho made their appearance accordingly by Iohn de Kirketon their Attorney and said that the River mentioned in that presentment then was and long had been an arm of the Sea whereinto the tides did eb and flow twice in xxiiij hours and therefore that they ought not of right to clense and repair it nor ever had done and desired that the Country might enquire thereof VVhereupon a Jury was summoned In 11 H. 6. there was an Agreement made betwixt the Monks of Crouland and Spaldyng and Sir Will. Bonevile Kt. and Elizabeth his wife by Indenture tripartite touching the making and repair of divers Banks in Crouland aforesaid whereof one extended it self from a certain place called Dovedale clote unto Crouland brigg and another from the said bridge to a place called Brotherhouse and the third called Wynter dyke in Crouland aforesaid within the Precincts of South Ee Nene and Weland the Monks of Spaldyng and Sir William Bonevill with Elizabeth his wife alleging that the Abbot of Crouland and his Predecessors had time out of mind used to repair and maintain the same and the said Abbot utterly denyed it The tenor of which Agreement was as followeth viz. that whereas there were certain Banks in Crouland aforesaid in a certain place called the Purceynt betwixt Brotherhouse and a bank called Quapelodes dyke begun to be made in two parcels by Richard late Abbot of Crouland Predecessor to Iohn the then Abbot he the said Iohn and his successors should within three years next ensuing that Agreement support and repair them and where need should require raise them higher And moreover that within the compasse of those three years he should make a new bank betwixt those other two so as they meeting all in one and being of sufficient height might extend as one bank from the said place called Brotherhouse to Quapelodsyd dyke without any breach gutter or trench and be a sufficient defence against all the flouds of water within that compasse that might happen on the South side thereof which bank to be also made so high as that the said flouds should not overflow it nor burthen break or overflow a certain bank called Lode dyke belonging to the Prior of Spalding and to the said Sir William and Elizabeth and others nor overflow the lands of the said Sir William and Elizabeth lying in the Towns of Weston Multon provided that such flouds which might so happen were not through extraordinary tempests and rain much greater than usual And that the said Abbot and his successors should repair and maintain the before-specified Bank so to be made as aforesaid from Brotherhouse to Quapelodesyd dyke well and sufficiently in every part for the term of fourty years then next ensuing the date of that Agreement And moreover that the same Abbot and his successors should from the Feast of All Saints then next ensuing well and sufficiently repair and maintain the said two banks whereof one did extend it self from Dovedale Clote before-specified unto the before-specified bridge at Crouland and the other from thence to Brotherhouse untill the said Bank from Brotherhouse to Quapelodesyd dyke should be sufficiently perfected so that the usual flouds and overflowings of the waters of South Ee Nene and Weland aforesaid might not in the mean time do any hurt to the said bank called Lodyke or drown the lands in Weston and Multon before-specified provided that such flouds were not much greater than usuall through excessive tempests and rain And the said Prior of Spalding with his Covent did then grant and agree that the before-mentioned Abbot of Crouland and his successors should have power and authority to dig and take within the soil of him the said Prior and his successors in Spalding sen nearest to the said place called Brotherhouse so much earth sand and clay for the making and repair of the said bank thus begun and to be new raised as an hundred Boats could carry upon the River of Weland each boat containing six Cart loads Which Agreement being so made betwixt the parties abovesaid by the special mediation of Sir Iohn Iuyn Knight then chief Baron of the Exchequer and one of the Justices of the Court of Common Pleas and Iohn Cotesmore another of the Justices of that Court beareth date upon the Thursday next after the Feast of S. Michael the Arch-angel in the year before-specified After this viz. in 17 H. 6. upon a Session of Sewers held at Waynflete upon Saturday next after the feast of S. Michael the Arch-angel before Richard Haghe and Iohn Langholme there was a Presentment exhibited against the Abbot and Covent of Crouland â—hardging him that he and his Predecessors time out of mind had repaired and so ought to do a certain bank in Crouland extending it self from Brotherhouse unto a place called the Clote and thence to the triangular Bridge in that Town and so unto Dovedale Clote in Crouland and that the same was not repaired to the great damage of the Country And that the said Abbot and Covent and their Predecessors had likewise used to repair another bank in Crouland called Sharpesdyke within a certain marsh there called the Purcâ—yuâ— which bank extended from Brotherhouse to a place called Plantefeld in Thorney And moreover that there was a certain bank in Crouland called UUynterdyke within the said marsh called the Purceynt which did reach from the Clote unto the side of the Abby of Crouland and was then in decay through the default of the same Abbot And also that there was another bank lying within the Purceynt before-mentioned on the West side of Shepes Ee extending it â—elf from Dovedale cloâ—e near the division betwixt Multon and UUhappelode which bank ought likewise to have been repaired by the said Abbot as it had been by his said Predecessors time beyond memory And lastly that the said Abbot and his Predecessors had usually repaired another bank in Crouland called Moredyke lying also within the said Marsh called the Purceynt which bank did reach from Shepes Ee to Asendyke and was then defective Whereupon the Shireeve of this County had command to summon the said Abbot to appear at Alford upon the Friday next after the Feast of S. Michael
that the same water hath no issue towards the Sea except by a certain Gutter in bredth three foot and an half therefore it was considered that the said Towns according to the number of their Acres belonging to every Inhabitant should restrain the same in manner aforesaid and defend the ends of those Towns abutting on the Fen And there was a day assigned for making such a restriction or Dam upon the borders of both Counties within the Quinzime of the Epiphany then next ensuing upon the penalty of CCl. And at the same time the Jurors for the County of Lincolne did present that there was a certain Gutter made in the Town of Multone called Bollesgote and that it ought to be repaired by the men of that Town according to the number of their Acres for the quantity of what they held it was therefore commanded that the said Townsmen should repair that Gutter in form aforesaid before Whitsontide following upon pain of an Cl. And on the Thursday being the Eve of S. Barnabas the Apostle at the suggestion of some of the Country came the said Simon and his fellow Justices to view that restriction and to enquire by those Jurors what had been done upon the Ordinance aforesaid Whereupon it was then presented that the Sewer which led from thence unto the Sea betwixt the Counties of Cambridge and Lincolne ought to be enlarged to the bredth of twenty foot scil ten foot on the Lincolnshire side and ten on the Cambridgshire side And because it was found by the Jurors that the said Ordinance for that restriction before-mentioned could not be observed as it ought to be by reason of the excessive flouds of water it was decreed that aswell the Dam as the Sewer should be repaired by the view of those Jurors as it had been ordained before the Feast of S. Peter ad vincula then next following upon penalâ—y of Cl. every Town adjoyning upon the same Sewer making good their particular proportions abutting towards them And Adam de Tid with other the Inhabitants of Tyd came and condescended that they would for what they held according to the number of Acres repair and make good the Banks of Sutton Marsh betwixt Scoft and Gedeney provided that they were not chardged with their Acres lying in Tid Marsh before the said Marsh was defended by the Sewer and Dam before-mentioned In 21 E. 1. the Abbot of Pâ—terborough brought an Assise of Novell disseisin against Ranulph de Rye Philip Phiket and others for putting him out of possession of his freehold in Gosberkirk viz. of xl acres of Marsh with the appurtenances whereunto the said Ranulph and the rest of those defendants pleaded that the said Abbot had brought his action against them unjustly because he was not seised at all of the premisses And they farther said that the Custome of that Country was such that whensoever the Sea did by its raging overflow any mans lands and meeting with any resistance or upon its going back waste away any of the said Land and make a hollow place no man ought to fill up that place but to clense and drain it for the common benefit of the Country and so to let it remain iâ— the same condition that the Sea first left it And they moreover said that about xviii years then past the Sea did make such an hollow in the Land of the said Abbot which so continuing for a long time they did afterwards drain it according to that Custome without doing any injury at all Whereunto the Abbot replyed that the said Ranulph could not under colour of any Custome excuse himself for he said that the place before-mentioned was his own several ground and that it was not lawfull for any man to dig in another mans land nor drayn the same without the leave of the owner excepting only one Ditch which lay in the confines of the two Hundreds of that Country called Gotecrike which Ditch whosoever had a mind to do it might drayn it and scour it at their pleasure And he also said that the above-mentioned Ranulph had in his own particular land made a certain Ditch whereby the said Abbot was hindred from coming to his Marsh and this he desired might be enquired of c. VVhereupon the Jurors delivered in this verdict viz. that the place before-mentioned was the several ground of the said Abbot in which no person without his leave had any thing to do And that there had been a kind of Ditch there which was xl years before filled up and then reduced to firm ground And they said that there did happen in that very year such a floud in those parts aswell of the fresh water as from the Sea that it broke the Abbots bank at each end thereof which breach he the said Abbot did make up as it was well lawfull for him to do And they said that the before-specified Ranulph and the other defendants afterwards made a Ditch of ten perches in length upon the soyl of the said Abbot against his leave and did exclude him from coming to that Marsh. Wherefore the said Abbot had judgement to recover his seisin and xxs. damage The next year following the King being advertised that by reason of the more than ordinary bredth of the River of Shoft neer Trokenhout which is in the confines of this County and Cambridgshire and likewise through want of repair of the Banks Ditches Gutters and Sewers in those parts great losse had hapned to the Inhabitants thereabouts the King therefore to contract the said Chanel for the more security of the Country and for repairing those Banks and Ditches did assign S. de Ellesworth R. de Chadeworth and R. de Coupledik to enquire aswel by the Oaths of Knights and others of the said Counties of the course of that stream as of those Banks Ditches Gutters and Sewers before-mentioned who they were that possessed Lands and Tenements thereabouts and had or might have benefit by the contracting of the said Chanel and repair of the Banks and Sewers aâ—oresaid and to distrain them thereto for the proportion of their said Lands and Tenements according to the number of Acres so that no favour should be used therein either to rich or poor Upon which Enquiry the Jurors delivered this following Verdict viz. that the Towns of Tydd and Sutton lying in Holand in this County and Tidd Neuton and Leverington in Cambridgshire could not be preserved from damage except the said stream of Shoft neer Trokenhout were restrained to the bredth of four foot so that it might not run towards the Sea but by a Gutter in widenesse three foot and an half therefore it was concluded that the Towns before-mentioned should streighten the said Chanel according to the proportion of their lands in those Towns and likewise defend the hades of those Towns abutting upon the fen And a day was thereupon given them to make the same Chanel of that narrownesse viz. within the xv of
Abbot did for the better drayning of the Province of Holand by his deed indented grant unto the said Country a certain Sewer directly running to the Sea through his own land by which means though the antient Sewer in another place became lesse than it had wont to be by reason of the non-usage thereof from the time that the said new Sewer was granted neverthelesse it remained at that time sufficiently open and the Sea did flow and eb by it and therefore it served sufficiently for a division because that antiently by the current of the fresh water as aforesaid and the checking thereof by the Sea which continued till that day it could neither be drayned or stopt And that beyond that boundary the said Abbot of Swynesheved and Sir Nicholas could not by the Custome of the Country for the reason aforesaid claim or chalenge any thing But at length after divers arguments to and fro therein used it was concluded that xij trusty men aswell Knights as others should be made choice of six on one side and six on the other to view the place in question at Michaelmasse then next following and make a final determination therein Whereupon the tryal at that Assizes was stopped and at the day appointed the said Abbot of Peterborough came himself in person to Gosbercherche together with Sir Iohn de Wylughby and other of his friends and Counsel And so likewise did the Abbot of Swynesheved but Sir Nicholas de Ry sent his Attorney Where the xij persons so chosen did take a view of the ground but not agreeing they departed without making any conclusion therein In order therefore to a legal tryal of the businesse in dispute the Justices of Assize appointed to sit again at Lincolne upon Saturday being the Feast of S. Thomas the Apostle At which time the before-specified Gilbert de Stanford and Iohn de Achirche together with Sir Iohn de Wylughby and others on the behalf of the said Abbot of Peterborough came thither But the adverse party having in the mean time obtained a new Assize being called upon the first Writs did not prosecute so that they were amerc'd the reason why they durst not then prosecute being because they could not have a full Jury out of the Wapentake of Kirketon of those whom they had laboured For Sir William Franc the then Shireeve of this County had at the special instance of Sir Iohn Wylughby and for xxl. which he had given him returned xviij of the most trusty men and of the best account within the three Wapentakes of this Province viz. Ellow Skyrbek and Kirketon who were essoyned upon the second Writs And upon the third Writ the principal persons of the said three VVapentakes were returned by Iohn de Hundon then Shireeve for ten Marks which he had given him Neverthelesse some of the said Abbot of Peterborough's Counsel excepted against those second VVrits because they were obtained whilst the first depended and the land in question put in view and therefore they desired that those their exceptions might be recorded protesting that they would more fully urge that exception upon the second day of the said Assizes they not being able to do it on that day because their adversaries had a day by Essoin and they desired that the panell upon the first VVrit might be reserved whereby it might appear whether the lands which were then enjoyed by those VVrits were put in view by the former VVrit others moving the contrary viz. that the said panell might be made void and no prosecution thereupon Besides the form of those VVrits was excepted against by reason of the privilege which the said Abbot of Peterborough had by the Charters belonging to that Monastery because that the said Tenements put in view were parcell of their Mannour of Gosbercherche and that chiefly by the words of King Henry's Charter Quicquid Vicecomes c. But it then hapned that through the mediation of Sir Adam de Welles there was another day of reference appointed to be at Lincolne aforesaid upon Thursday next after the Feast of the Epiphany then next following At which time the said Abbot of Peterborough's Officers together with Sir Iohn de Wylughby and the rest before-mentioned came howbeit after many disputes they went away without making any accord so that then there was a third day appointed for the Assize viz. the Thursday next after the Feast of S. Gregory at Lincolne aforesaid But in the interim it so falling out that the Abbot of Swynesheved having for the repairing of all his Mill-pool at Casterton digg'd farther upon the Abbot of Peterborough's ground at Ingethorpe than he had power to do by that liberty which had been antiently granted to him by composition the said Abbot of Peterborough brought an Assize of Novell disseisin against him in the County of Roteland At the day of which Asizes came the said Abbot of Swinesheved with five of his Monks and others of his Counsel where through the mediation of Mr. Alexander de Ounesby Rector of the Church at Castreton all differences betwixt the parties before-mentioned were concluded the Abbot and Covent of Swinesheved being to release all their interest in the said Marsh and the Abbot and Covent of Peterborough to give license to the said Abbot and Covent of Swynesheved to repair their pool at Castreton as often as occasion should require and also xl Marks in mony by way of agreement for avoiding of any farther trouble and chardge for the future And the said Abbot and Covent of Swynesheved did thereupon remit all their claim whereunto they had any pretrence in the said Marsh for ever All which was perfected by deeds indented betwixt them And on the morrow before the Assizes so appointed as abovesaid came the said Gilbert and Iohn on the behalf of the Abbot of Peterborough where upon treaty betwixt them and the said Sir Nich. de Rye six persons were chosen to arbitrate the business viz. on the part of the same Sir Nich. Sir Rob. de Colevill Lord of Bytham and Sir Philip le Despenser Kts and Iohn Cleymunt And on the behalf of the Abbot Sir Iohn de Wilughby and Sir Iohn de Kyrketon Knights and Henry Grene who awarded that the said Abbot should give to Sir Nicholas xll. and he thereupon to remise for himself and his heirs all his right claim in that Marsh. And as to the future increase of ground which might happen to either party that it should be enjoyed by him to whose land it did lye most contiguous Whereupon a day was assigned for writings to be made betwixt them for ratifying of this award viz. the Monday after Palm-Sunday At which time meeting at Gosbercherche where discerning that the said VVritings did expresse the said Marsh to be the right of the above-mentioned Abby the said Sir Nicholas fearing that in case he did seal them he might be indicted of conspiracy for pleading both falsly and unjustly the businesse was respited till
of Crabhous with some lands belonging thereto all being then waste and in the nature of a Fen But afterwards the Inhabitants of that place and of divers other came and with drayning and banking won as much thereof by their industry as they could And that they might the more securely enjoy the same were contenâ— to be Tenants for it unto such great men of whom they held their other lands and upon this occasion by a common consent amongst themâ— was the old Podike first raised about the year MCCxxiij 7 H. 3. Nor was a great part of this Country any other than a Marsh about that time for by that Precept to the Shireeve of Norfolk for giving unto Hubert de Burgo then Justice of England the like possession thereof as he had in King Iohn's time when he went into Poictou for the serviâ—e of that King it was so called and bounded with the Towns of Wigenhale Welle Hagebeche Tilney and Tirington which I take to be little lesse than half Marshland all which was soon after restored to the Church of Ely as having a better interest to it than this great man But notwithstanding the said Bank called Podike so made as hath been said it seems that the Marshland men had no cleer title to the whole soil whereon it was erected Will. Bardolfe at that time Lord oi the Mannors of Stow Wimbotesham and Dounham Lordships lying on the other side of the Ouse chalenging some right therein for in 35 H. 3. they came to an agreement with him by a Fine levyed before the Justices itinerant at Norwich in the xv of S. Martin the principal parties to the said Fine being the then Bishop of Ely the Prior of Lewes the Abbots of Ramsey Dereham and S. Edmundsbuâ—y Thomas de Ingaldesthorp and Will. de Shouldham By which Fine the said Will. Bardolf quitted all his title in the whole Marsh called West fen through which the same bank extended unto the said Bishop Prior Abbots c. and their successors for ever And they to him and his heirs the before-specified old bank viz. Podike and an Cxx acres of marsh with the appurtenances lying in the said West fen within the same bank Northwards containing xij furlongs in bredth About three years after the Sea-banks of this Province wanting repair the Shireeve of Norfolk was required to distrain all those persons in the Lete of Clenchwarton and West Len who were Tenants of such lands as ought to repair those Banks in such sort as they had wont to be repaired for repelling the inundations of the Sea and fresh waters which Tenants to have afterwards allowance for the same from their Landlords What was then done therein I find not but within four years ensuing it appears that the Inhabitants of this Country had exceeding great losse by the breach both of the Sea-banks and those which should have kept off the fresh waters insomuch as the King being advertised thereof commanded the Shireeve of Norfolk that he should forthwith distrain all the Land-holders who might have benefit thereby to repair and maintain those Banks and Ditches according to the proportion of their said lands lying within the bounds of them And the next year following upon more damage hapning by a new inundation of the Sea through the breach of those Banks towards Wisbeche within the liberties of the Bishop of Ely having required the said Bishop to distrain all his Tenants within this Province of Mershland and elswhere within his said liberties who had defence and safeguard thereby according to the quantity of their lands lying within the said Banks to repair and maintain them as they ought and had used to do he sent his Precept to the Shireeâ—e of Cambridgshire thereby chardging him that after the said Bishop had so distrained his said Tenants as abovesaid he the said Shireeve should not dâ—liver any Cattel so taken by way of distresse without the Kings special command In 16 E. 1. Will. de Carleton and Will. de Middilton were constituted Commissioners to enquire of certain breaches in the Banks of Robert de Scales in the Hawe and Ilsington in this Province and to distrain all those who ought to repair them The like Commission had they the next year ensuing for the view and repair of the Banks in Tilney and Ilsington then broken by the raging of the Sea So also in 18 E. 1. had the said Will. de Carleton and Will. de Pageham for the banks called Pokediche Siwellediche Fendiche and Gildangordiche then broken by flouds in divers places In 21 E. 1. the Inhabitants of this Country made a grievous complaint to the King importing that whereas the bank called Pokediche was antiently made and had till that time been maintained by them for the safeguard and preservation of those parts against flouds of water certain Malefactors having a purpose to do them mischief had made a hole in the said bank and did by force and arms hinder those that would have stopt it by reason whereof aswell the tides from the Sea as the fresh watâ—rs overflowed the Pastures lying within the precincts thereof the said King therefore being very sensible of this great injury assigned Peter de Campania Thomas de Hacford and Adam de Shropham to enquire by the Oaths of honest and lawfull men of this County who they were that did make this breach and to hear and determine of that trespasse And the said King being informed that in case the fresh waters coming by Utwell could have their course to the Sea in such sort as that they might not mix with the waters running in Mershland this Country of Mershland by that severing of them would be much amended he commanded the said Commissioners that they should forthwith go to the Town of Utwelle and there take order that the said fresh waters so descending that way should have their due and antient course to the Sea as formerly so that this Country of Marshland might have it's Drayn to the Sea by the same out-fall The next year following the King directing his Commission to Simon de Elysworth and Thomas de Hageford to enquire touching the defects in repair of the Bank called Pokediche as also of other Banks and Sewers in this County the Jurats for the Hundred of Frethbrigge by virtue of the said Commission did upon their Oaths present that through the default of the Town of Wigenhale in making and repairing of their Ditches above the Podyke great losses had hapned in those dayes to these parts of Mershland so that the lands of divers men were drowned by the inundations both from the Sea and fresh waters And they also said that the said Pokedyke could not be sufficiently repaired before the Feast of the Nativity of S. Iohn Baptist for the safeguard thereof and of the Country in regard that certain men of Wigenhale had divers lands lying adjacent to the same Bâ—nk
common of Pasture or fishing neer the same bank nor any safeguard or defence thereby but that for their Lands and Tenemâ—nâ— they thâ—n did and of antient time had repaired a certain bank called Blake diche by which they had benefit and preservation Nevertheless at the prâ—sâ—cution of the Inhabitants of Tilney wâ—o ought and had alwaies used to repair and maintain totally the banks câ—â—led Hâ—ddich under colour of an Inquisitioâ— touching certain things which were amiss in those parts taken â—efore them the said Commissioners they did adjudge a certain part of that bank to be repaired and maintained by the saiâ— men of Ilsingtone whereupon they were distrained so to do The said King tâ—erefore being desirous that all parties should have right done to them therein required the before specified Commissioners to transmit the whole proâ—ess of their doings therein unto him in the xv of St. Iohn Bapt. then next following At which day both the men of Islington and Tilney came but the hearing thereof was then respited till the Octaves of St. Michael and at that time did Thomas atte Lache one of the Inhabitants of Tilney appear accordingly but they of Ilsington appeared not therefore the men of Tilney had execution of what had been decreed by the before mentioned Commissioners At the same time there was complaint made to the King on the behalf of the Abbot of St. Edmundsbury that whereas he the said Abbot held certain Lands in Tilney and Ilsyngton which had antiently belonged to that Monastery and notwithstanding that every Landholder there and in the parts adjacent ought to defend their own proper grounds at their own peculiar charge against the force of the Sea and make and repair certain banks for their better preservation by the appointment of the Justices of Sewers and likewise by custom nevertheless certain men of those parts having an aim to alter that their custom and to compell the said Abbot and câ—rtain others who to their great charge did make and maintain the banks against their own Lands to contribute likewise in common to the repair of all the other banks had procured certain Justices of Sewers to view those banks which they did accordinglyâ— not giving notice to those complaynants the said King therefore by his Writ directed to Henry le Scrope and his fellow Justices of the Kings Bench required them to take the business into consideration and in case they should finde that the before specified information was true then to discharge the said Abbot and the other persons concerned therein In 5 E. 3. Iohn de Cantebrig Will. Lovell Walt. de Glemesford and Iohn de Waltham were assigned to view the banks and ditches in these parts of Mersh land and to take order for their repair The like appointment in 7 E. 3. had Simon de Drayton Will. Lovell Will. de Dunton and Peter Fitz waryn In 9 E. 3. at a Session of Sewers held at the Church of Wigenhale St. Mary upon the Monday next after the Clause of Easter before Iohn Howard the elder and other Justices the Jurors presented that the safeguard of the whole Town of Tilney and Islington was one and the same and that all the Lands and Tenements and the holders of them as also of common of Pasture and fiâ—hing there were equally secured and defended by the Banks Ditches and Sewâ—rs belonging thereto from the inundation of the Sea and flowing of the fresh waters And they said that in the dayes of K. Edward the first there was an equal assignation made to the Inhaitants and Tenants of these Towns according to each mans proportion of the banks ditches and causeys belonging thereto by Will. de Carleton and his associats then Justices of Sewers at which time the charges were easy but then through the raging of the Sea and flouds of fresh waters very heavy and grievous to bear As also that the said charge was then so unequally assessed that some persons were burthened more by an hundred fold considering their proportions of Land than others whereby they were so impoverish'd that they were not then able to contribute any farther to these repairs and that by their decay much damage had already accrued there and more was likely to happen if speedy remedy were not had Wherefore they said that of necessity there ought to be a new Agistment made of the said banks and ditches and an assignation of a fit proportion to each man for the maintaining whereof they might be continually compell'd And they said moreover that the ground whereupon the Ditches and Banks stood betwixt Edyensgole and the East corner of the Tenement of Iohn de Engaldesthorpe in the Freth within the said Towns of Tilney and Ilsington was daily torn up by the boysterous Sea tides and flouds of fresh waters insomuch as the said banks could not be preserved in any sort by that Agistment to defend the said Town from drowning therefore they said that for safeguard of that Town there must of necessity be made certain Kays and four or six Schrops betwixt Edyensgole and the said corner at the charge of all the Landholders throughout the whole Town And they ordained that whereas by reason of the like danger in another place between Knight's gole and the gutter called Cattesback dole the Sea banks would not be sufficient to defend the Town from drowning there should be made forthwith certain Kays and Schrops at the charge of the whole Town and and that no bank should be thrown down towards the River betwixt those Goles in any place but where they then were untill by assessment they could be maintained at less charges And that the whole bank and chanel of the river betwixt the said gutters be made and if need required raised two foot higher so that it should contain xiii foot in bredth at the top and at the bottom a thickness proportionable thereto And they also said that the banks upon the river side betwixt Skalys gole and Cattesbak were grown so narrow towards the bottom by reason of the often sinking down of the Earth that the Cart way which is of xxiiii foot in bredth towards the said banks and ditches for the whole length thereof was by those banks and ditches totally interrupted and stopt whereupon they ordained as before that time it had been that xxiiii foot of ground should be added thereto from the Land next adjoyning And they farther said it was necessary that all the Sewers and Gutters great and small as also the common Bridges in Tilney and Islington with the gutters of Sibley and at the Mill sometime belonging to William de Fen upon the Fen ditch in Tilney should be continually repaired at the charges of the whole Town as often as need should require with the help of the Town of Tirington and for scouring the Sewers of Wesenhamdale in Tilney to the gutter called Scales gole and to make and maintain the same gutter continually which said assistance did
those fields as of all others lying within the Precinct of the said Bank called Pokediche to be then newly made that there should be made one new Pipe under the Bank called Kirkfield diche and under the great River there and the said new Bank on the VVest side of the said Priory of Mullycourt And likewise one new Sewer from the said new Pipe through Mullycourt drove to Rightforth lode thence into North hooke and thence into the great River which runneth from Salterys lode to Bishop's Lynne And that all persons having Lands and Tenements in the said fields called Plawfield and Kirkefield should always repair clense and scour the said Pipe and Sewer so to be new made unto Kightforth lode at their own proper costs and charges when and as often as need should require And that all persons and their heirs having lands in the said fields called Budbeche and Sandy field should have one Sewer there for avoiding the fresh waters thence into Blewe diche and from Blâ—we diche unto Rightforth lode And that the same persons so having lands in those fields called Budbeche and Sandyfield should repair and clense the said Sewer unto Blewediche for the future at their own costs and chardges whensoever need should require And that the same persons their heirs and assigns having lands in the said fields called Budbeche and Sandy field as also all the said Inhabitants of those Towns of Upwell and Outwell having common of Pasture within the precinct of the same Bank called Pokediche to be so new made as aforesaid should repair and maintain the said Sewer from Blewe diche to Rightforth lode for the future at their own proper costs and charges as often as need should require And that all persons having Lands in the said fields called Plawfield Kirkfield Budbeche and Sandyfield as also all the Inhabitants of Upwell and Outwell having Common of Pasture and Fishing within the Precinct of the said Bank called Pokediche so to be new made as aforesaid should repair the said Sewer called Rightforth lode unto North hooke at their own proper costs and chardges for the time to come whensoever need should require And they likewise ordained that the Abbot of UUest Dereham and his successors should new make repair and maintain well sufficiently for the time to come one Causey of six foot in bredth Eastwards throughout all that part of his land lying betwixt the old Pokediche on the North part and a certain piece of land belonging to the Abbot of Ramsey and another pertaining to Thomas Duke of Exeter on the South part and abutting on the before-specified great River towards the East And that the said Abbot and his successors should be justified and ordered for the not making and repair of the same Causey according to the Law and Custome antiently used in the Town of UUigenhale And that the said Abbot of Ramsey and his successors should also new make repair and maintain one other Causey of six foot likewise in bredth through another piece of his land lying on the East part towards the said great River And they farther ordained that every person having lands Common of Pasture or Fishing within the land of the said Abbot and Common lode should likewise new make repair and maintain one Causey well and sufficiently viz. each man against his own land towards the said great River And for the performance thereof that they should be compelled by the Steward of Thomas Duke of Exeter for his Mannour of Stow Bardolf his heirs and assigns in the Court of Stow-Bardolf And that all the Tenants and Inhabitants in the Towns of Downham hithe Wimbotesham and Stow Bardolf should new make as also repair and maintain well and sufficiently for the time to come a certain Causey beginning in a place called Common lode and extending it self from thence to Salterys lode All which Ordinances and Agistments so made in form aforesaid the Towns in Marshland before-mentioned as also Welle Wigenhale Dounham hithe Winbotesham and Stow Bardolf did for the time to come agree for themselves their heirs and assigns to observe and hold firmly It was therefore decreed by the before-specified Justices that the Inhabitants of the said Towns which had Laâ—ds Common of Pasture or Fishing within those fields and safeguard of the said Bank called Pokediche to be new made in such sort as aforesaid should for the future be obliged to repair and maintain the same according to the form and effect of the Inquisition Ordinances and Agistments before declared and to be distrained for the time to come for the performance thereof as often and when need should require In witnesse whereof the said Henry Rocheforth and Thomas Dereham did affix their Seals thereunto VVhich Inquisition and Ordinances were exemplified by the said King Henry the sixth under his great Seal upon the xijth day of May in the third year of his reign And in respect that the ground from Salterys lode to North delfe before-specified whereon the said Bank was to be raised was then the proper soyl of the said Thomas Duke of Exeter as part of his Mannour of Stow Bardolf the said Duke in confirmation thereof did by his Deed wherein he likewise stiled himself Comes Dorcestriae Harcuriae Admirallus Angliae bearing date the Monday next aftâ—r the Feast of S. Peter ad vincula in the said first year of the reign of the same King King Henry the sixth grant and confirm for himself and his heirs to Iohn Bishop of Ely Sir Iohn Colvile and Sir Henry Rocheford Knights Richard Peverell Thomas Karvile Thomas Dru Robert Karvile and Edmund Massingham Esquires and all the Inhabitants of Wigenhale Tylney Islington Cleuchwardon Terington Walton Enmethe Walpole and Walsoken in the parts of Mershland their heirs and assigns the said Bank called Pokediche so to be new made and raised for safeguard against the said fresh waters on the North part of the River which runneth from Welle to Salterys lode and Wigenhale beginning at Salterys lode aforesaid within his the said Duke's Lordship which extendeth it self in length from thence unto Northdelfe before-mentioned viz. ground containing xxiiij foot on the South side of the same Bank for the making repairing and maintaining thereof as also sufficient ground on the North side thereof xl foot distant from the same for the repair likewise and maintenance thereof provided that they should not dig any earth on the said North side thereof for the purposes abovesaid as long as the said Bank could be fitly repaired with the earth on the South side And he did moreover grant and confirm to the said Iohn Bishop of Cly and the rest of the persons above-specified their heirs and assigns that they not any of them should be molested in their passage to and fro in the making and repair of the said Bank wheresoever there might be cause for the same Saving neverthelesse to him the said Dâ—ke and his heirs Wayfe Stray and other amerciaments for
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
this River of Well Ee neer Salters lode be made two Jettyes of wood or stone each opposite to other and distant xviij foot to hinder the tides from flowing up Westwards towards Welle and that the fresh water may have the quicker fall into the Ouse and this to be done by the Inhabitants of Marshland and Town of Wiggenhall 13 That the common Sewer called Thiefe lake lying in Denver fenne be made within xl Rood of Salters lode between Shiplode and Salters lode and x foot wide unto the Land lake with a sufficient gole by Thomas Gawswell Gent. owner of the Mannour of East Hall in Denver 14 That the Common Sewer in Denverfenn called Streme lake be made of the widenesse of x foot to bring the water out of the Fenn by the space of six furlongs to be made and kept by the Inhabitants of Denver with a sufficient gole c. That the other common Sewer called Denver hithe lying in Denver fenn between Streame lake and Shiplode be made one furlong in length or more and x foot wide with a sufficient gole by Nicholas Haâ—e Esquire owner of the Mannour of West Hall in Denver That the brinks of Ouse between Salters lode and Shiplode be made viij foot broad in the bottom and six at the top and one foot higher than the highest water mark That some provision be made for the straightning of Lynne Haven which being wider than it was wont to be causeth the tide to rise higher by a foot at Salters lode than it was wont to do within these xx years 1 The next year following I find a Certificate and Presentment made the xxxth of Iune by Richard Nicholls Thomas Hewar and others Jurats for this Country of Marshland the tenor whereof is as followeth 1 That all the Lands and Tenements c. within the Hundred of Frebridge on the West side of the great River leading from Salters lode to Lynne and all other Lands c. in the Hundred and half of Clacklosse on the West side of the said great River and on the North side of a certain Bank called the New Pow dich situate in the Hundred and half of Clackclose on the West side of the said great River made and erected in the time of the reign of King Henry the vith are defended and saved from submersion and drowning with fresh water by the said Diche or Bank called the New Pow dich Which Bank hath been kept and defended by the lands in the Hundred of Frebridge by a certain field called Hawsted and by an hundred Acres in Stow-Bardolfe and the Frontier against North delf house on the North side of the said old Powdich only yet thereby are defended all the Lands Tenements and Commons on the South side of the said old Pow dich and Emneth marsh dich and ought to be charged for their portion and profit by the said Bank taking between the Priory of Mullycourt and Salters lode aforesaid as appeareth by certain orders made before the Commissioners of Sewers in the first year of the late King Henry the sixth yet the said Lands Tenements and Commons last abovesaid are not there chardged nor defend any part thereof contrary to equity and Justice 2 And that the Inhabitants of the said Hundred of Frebridge nor any of them nor any other ought to be distrained or troubled by the Lords of the Fee nor their Ministers when they or any of them shall come thither for the making their portions of the said Bank nor for the oversight of the making thereof nor for the depasturing of their Horses there nor for their carriage but that they may return in the meetest and most convenient ways for them and have free ingresse and egresse to the same Dyke or Bank without any amerciament or other punishment Saved to the Lords Wayf Stray punishment for blood draught and for Hue and Cry 3 And that every person is chardgable to keep their portions upon the said Bank from time to time by and after the Custome of Marshland by old Custome used that is to say by Bylawe Byscot Triscot and Wopeny And that every Town of the said Hundred of Frebridge is chardgable to keep and repair their portions upon the said Bank upon pain of xxl. to be paid to the Queens Majesty her heirs and successors Kings and Queens of this Realm 4 And that the menure for the repair of the said Bank ought to be taken on the South side of the same Bank and xij foot from the foot of the said Dike or Bank and not upon the North side but when for the Inundation of the water it cannot be taken on the South side of the said Bank called the New Pow dich 5 Item they say and find that there is a certain Ward dich or Fence Bank called the Old Pow dich which doth begin at a place called the Wech or West head next unto Rightforth lode brinke and extendeth Westwards nine hundred and twenty two Rode unto a certain place called the Thwart lane or the New Pow dich of Marshland which Bank is in good repair from the West end thereof unto a certain place in Walpole charge where against Edmund Beaupre Esquire hath fixed and set certain barrs into a pasture of his there by reason the said Edmund doth keep and maintain a certain Crest or Fen-bank on the North brink of Rightforth lode which defendeth the water on the South side thereof from the Pow diche aforesaid But at a certain Gate upon the said Old Pow diche in Emneth charge in the reach aforesaid is a certain Pipe laid by the said Edmund Beaupre for the drayning of certain Lands on the South side of the said Old Pow dich which is to the surrounding of the Fen and Smethe of Marshland and of right ought not that way to drayn but by Rightforth lode And that the said Pipe ought to be taken up and the said place stopt and made higher that no water drayn that ways 6 And the residue of the said Old Pow dich in the charge of Walpole Terington Clenchwarton and part of Tylney in part is defective for lack of height and bredth and that most chiefly by the ruine and decay of a certain Crest or Fen-bank which ought to be kept on the North side brink of Rightforth lode by Nicholas Hare Esquire and others And that the residue of the said Bank of the Old Pow dich is in good repair even unto Rightforth lode brinke By the ruine and decay of which Bank the grosse Common called the Smethe and the Fen of Marshland and certain Fens and low grounds in UUigenhall and Stow-Bardolf on the North side of the said Pow dich may be surrounded and damnified 7 And that the said Thwart lane or the New Pow dich of Marshland extending from the Old Pow dich aforesaid unto a certain place of Emneth marsh dich called Abbot's hirne as we think in our consciences ought to be kept and maintained by the
at Bullok's lane end and leading to Bridg drove through the midst of the lands of Geffrey Sutton as also one Crest from the Stow of Geffrey Sutton unto the Pipe in Meesdrove in height two foot and in bredth ten and one Clow at the Pipe of Meesdrove on the South side of the River with two doors thereupon each of three foot in bredth with two Keys whereof one to be kept by the Bayliff of Waltersey and the other by the Guardian of the Marsh on the South side of the said River And that the Town of Leverington ought and had used to make and repair one Crest in Leverington aforesaid beginning at Neuton Gore dyke and leading to Bondysgate in Leveryngton and thence to Rechmond in the said Town four foot high and eight foot broad And that the Tenants of the lands in Harpsfield in Leverington ought and had used to raise a Crest in a certain place called Two lanes beginning at Shoffendike in Leverington and leading to Blak lane in the same Town in height four foot and bredth eight And that the landholders in Southingham in Leverington ought and had used to raise one Bank called Overdiche in Leverington aforesaid beginning at Bellymil brigg and leading to Parsons drove end in the same Town And thence to Meysbrigge to be repaired by the landholders of Northinham thence to Blakenfield by the landholders of Fenhalfiâ—ld thence to Bondysgate by the landholders of Blakelanefield and that it ought to be two foot higher than it was at that time in the highest place and in bredth xii foot Also that the Landholders of Fenhalfeild in Leverington ought and had used to make one High-way called Polly lane beginning at Shoâ—endike in Leverington and leading to Marslane brigge in the said Town four foot in height and eight foot in bredth And that the said Town of Leverington ought to maintain one Sewer beginning at the Corner of the antient Sewer in Leverington neer to Reginald Corners house thwarting the Drove called Fytton drove unto the House of Iohn Stokyll and so to the Sea and the said Sewer ought to be xij foot in bredth only and that it was then more than xx foot in bredth Likewise that the Bishop of Ely and Will. Vennour for his Mannour of Coldham and his Participants for his Tenements in Elme ought and had used to repair one Bridge at Falgote in Leverington which was then in decay And that the Town of Tyd S. Giles ought and had used to clense all the Sewers within the said Town beginning at the Sea-bank and extending to the Fen-bank where need should require As also that the said Town of Tyd ought and had used to maintain two Ward Diches in the same Town called the Threding and Sea dike beginning at Averys trees in Tyd aforesaid and leading to Newfen Dike in the same Town in height six foot and bredth xij And likewise that the said Town ought and had used to repair and maintain one Bank called Martin's fen dike in Tyd aforesaid beginning at Averyes trees and leading to Wesingham brigge in height six foot and in bredth xij And that the Town of Neuton ought to clense all the Sewers within the same beginning at the Sea-bank of Neuton aforesaid and extending to the Marsh Bank where need should require And that the Landholders of the thousand Acres in Wisebeche on the South side of the River and of the three hundred Acres in Elme ought and had used to repair one Pipe at Kikking drove lane in the same Town in height three foot and in bredth eight At the same Session the said Jurors likewise presented that the Sea-bank beginning at Tydde gote in Tydde S. Giles neer the County of Lincolne and extending it self unto Bevys Crosse in Wisebeche aforesaid ought to be fifty foot in height viz. from the first sloping thereof unto the Crest and in bredth at the top six foot and that all the Landholders in the said Town of Wisebeche as also in Leverington Tydde S. Giles and Neutone every one according to his proportion did use time out of mind to repair maintain and make the said Bank and so aswell by the said Custome as by the judgment and assignation of certain Justices of Sewers in the time of the King's Progenitors were obliged to do according to the quantity of their Land Whereupon forasmuch as it seeming meet to the said Commissioners both by the Verdict of the Jurors aforesaid and by their own view thereof all parties concerned therein then appearing and the Statutes of Romeney marsh in the like cases published being seen and understood they decreed and ordained for the safeguard of all those Towns that every Landholder in them should according to the proportion of his tenure repair maintain and new make the same as often as any defect might happen to be therein according to the proportion of his tenure And they presented that the Landholders in the old Market of Wisebeche aforesaid did use time out of mind to repair maintain and new make a certain Sea-bank from Beuvise Crosse unto the great Bridg of Wysebeche on the West part of the River of Wyse aforesaidâ— viz. every man against his own Land and that the same Bank ought to be in height ten foot and in bredth at the top xij Whereupon the said Justices for the considerations aforesaid did decree the same accordingly and that no one should cast dung or any thing else into the said River nor make stamps nor lay Sege-rekes nor Dunghills from Geyhirne to the Sea upon the brink thereof whereby the current of the water might be straightned or stopt upon penalty of xxs. to be paid to the Bishop by him or them in whom the defect in repairing maintaining or new-making of the said Ditch or any other the Ordinances or Statutes aforesaid should for the future be found as often as the same should be And they also said that the Landholders of the Town hende of Wisebeche on the North side of the River Use had used and ought time out of mind to repair maintain and new make a certain Bank called the Gebrynck from the great Bridge in Wisebeche unto Sozâ—l dyke And that the Landholders in the Fen hende of Wisebeche did use for all the time aforesaid to repair maintain and new-make a certain Bank called the New dyke from Sozel dyke to Gye hirne and another Bank called the Fen dyke reaching from Gey hirne aforesaid unto Piggesdrove Crosse and that the Landholders in the Fen hende of Wisebeche were not able to repair the said Banks of New dyke viz. from Sozeldike to Gey hirne and the Fen dyke from Gey hyrne to Piggesdrove Crosse. Whereupon the said Commissioners decreed that aswell the Landholders from the Townhende on the North part the River of Weyse as the Landholders of the Fenhende of Wisebeche should thenceforth repair maintain and new make the said Bank viz. the Sea-bank called the Ebrynke on the North side of the
made higher by three foot 120. And that Guyhirne gole be banked with a Bank of xvi foot and in height x foot by all the lands lying in Wisbeche between Sorcel dike and the high Fendike On the 12th of Iuly in the same 13th year of Qâ—een Eliz. reign it was thus ordered by Robert Bell Ieffrey Coleville William Hunston Robert Balam William Brian Richard Nicholas Thomas Hewar and Henry Hunston Esquires Justices of Sewers for the Countrey of Marshland in the County of Norffolf and for the Borders and Confines of the same viz. Forasmuch as Bishops dyke within the Isle of Ely is greatly decayed by the abundance of fresh waters which hapned this last Winter the like whereof was never seen within the remembrance of man to the great decaying and impairing of Broken dyke being one of the defencâ—-Dikes for salvation of the whole Country of Marshlande to the great peril of the drowning the said Country of Marshland and to the utter undoing of all the Landholders of the East side of Elme between the said Bishop's dike and Broken dike if the said Bishop's dike be not sufficiently repaired and amended in time the experience wherof was too manifest this last winter to the great losse of a number of the Queen's Majesties Subjects the misery whereof is unspeakable it is therefore condescended and agreed by the said Justices That the Landholders of Elme within the Isle of Ely aforesaid between Nedeham dyke and Broken-dyke aswell for that the Countty of Marshland may the better repair and maintain the said Broken dike this last Winter decayed by the means of the overflowing of the said Bishop's dike as also to be without charge of making and defending of the said Broken dike the said Broken dyke being maintained which cannot be if the land there remain surrounded still and so thereby no profit to be reaped by the Owners of the same land shall have license to issue out the water of Oldfield between Needham dike and Broken dyke at the Gote or Pipe already laid on Broken dike not far distant from Blewick's house and to issue into Marshland by the direction of Mr. Balam Mr. Hewar and Mr. Henry Hunston through Emneth and Walsoken in the highest parts of Marshland Provided that when it shall be thought by any two of the Justices aforesaid or by any four of the chiefest Landholders of the Country of Marshland then resiant within the said Country that the same water running underneath Broken dike is hurtfull to the Country of Marshland or to any part thereof or that it shall be perceived by any two of the said Justices or by any four of the chiefest Landholders of the Country of Mershland aforesaid that the Charge bearers of Bishop's dike be negligent in the well defending the said Bishops dyke or that the Landholders of Oldfield do not sufficiently from time to time maintain and keep Needham dike or lay any Gotes or Pipes in any place of the said Needham dike to issue any water from any part of the South side of the said Needham dike or that any water is received into Oldfield by any way or device to the intent to utter the same at the Gote in Broken-dyke other than the downfall of the Ayre falling into the aforesaid Oldfield that then and at all times afterwards it shall be lawfull for any of the Inhabitants of the Country of Marshland so to cease the running of the water through the same any thing mentioned in this Order or Law to the contrary notwithstanding Or if the owners of the lands which do lye between Needham dike and Broken dike or any of them do refuse to bear and pay all and every such charges to Knight's goole or to any Sewer leading thereunto as the other lands in Marshland do according to the number of Acres and the same to be paid to the Dikereeves in Emneth Or if the Owners and Landholders of Oldfield do not from time to time well and sufficiently repair and maintain aswell the said Gote or Pipe lying underneath or through Broken dike as also as much of the Bank or Dike called Broken dike alias Oldfield dike as the same Gote or Pipe is in length or bredth Or if the same Gote have not two strong dores viz. at each end one always in readinesse to be shut or stopped when occasion shall serve at or before the day of S. Michael the Arch Angel next ensuing the date hereof and from time to time thenceforth to continue and keep the same in good reparations or else to cease as is aforesaid At a Session of Sewers held at Wisbeche 22 Aprâ— xvi Eliz. Ordered that the Causey called Norwol dam shall be raised with gravell three foot higher than it is at the costs of the Hundred of Wisbeche saving a way to be left of xii foot in bredth with a Bridg over the same as heretofore hath been accustomed which Bridg to be made at the costs of the Bishop of Ely Also that Longe's drove in Elme shall be made sufficient to keep out Says field water by the Landholders of Oldfield In An 1576 xviii Eliz. was the first Improvement of Needham Buriall fields lying within the Precincts of Upwelle by an Agreement of the Landholders there on the xxiiiith day of Iune in the same year at which time they setled an Acre-shot of six pence the Acre for defraying the charge thereof And about two years after this at a Session of Sewers held at Erith brigge viz. 4º Augusti xx Eliz. it was ordered by the Justices that there should be a Bank made from Marysse dike unto Bishop's dike alias Lovedays dike over the River of Elme to be in height eight foot in bredth xii on the upper part and in the bottom xxxii foot as also a Clouse at Marisdam but so as Boats might passe through the same And likewise that the Bank beginning at Keâ—ismill and extending to Guy hirne and so by Coldham to Fryday bridg in Elme should be repaired so that the height thereof might be six foot the bredth in the bottom xxiiii foot and at the top 8 foot At a Session of Sewers held at Wisebeche upon the 12th of Iuly in xxiii Eliz. it was thus ordered that whereas the Common called Ladwers lying in Elme is drowned for want of a Crest that there be a Crest or Bank made beginning at Tylneyhirne and so leading to the New Leame thence by the River of Nene to the Horshooe thence to Marmond land thence to the West end of Langbeche adjoyning unto Bishops dike which Bank to be xii foot in the bottom in bredth 4 foot at the top and in height 5 foot And that the Sluse upon Marys dam shall be taken up and when the said Bank is made then to be set at New Leames end As also a convenient Tenement built meet for a man to dwell in for the keeping of the same And it was likewise
and Maid lode on the West head thereof And lastly that the Dikereeves should levy iid. for id. upon all that did make default in paying of their proportions according to the Custome of Mershland And if the Dikâ—reeves should be remisse then the Commissioners to levy the said iid. for id. and id. upon the said Dikereeves besides Which Acre-shot being not paid by the said Sir Iohn Payton and his Lady and Edmund Bell Esquire as it was decreed by the before-specified Commissioners there was a Session of Sewers held at Sechie in Com. Norff. upon the eighth day of May the next ensuing year by Francis Gawdy Esquire one of the Queens Justices of the Pleas before her self to be holden and in that Session a demise for thirty nine years made unto Will. Ingelbert and others of divers lands belonging to the said Sir Iohn Dame Dorothy his wife and Edm. Bell to the end that the said Will. and his fellow Lessees should out of the profit of those their lands make performance of what had been so decreed by those Commissioners And at another Session of Sewers held at Dounham in Com. Norff. upon the xx of Sept. in the same year by the said Francis Gawdye Edmund Bell Clement Spelman Edmund Moundeford Iohn Reppes Thomas Hewar Thomas Oxburgh Esquires and others recital being made of the Laws and Ordinances for drayning the Fens and Marshes before-specified the said Commissioners decreed that Will. Engelbert Iohn Watts and others and their heirs and assigns being undertakers for the said drayning and to keep and maintain the same being perfected should have the full moytie of the said Fens so drayned which lye and adjoyn to the said Lode called Maid lode and likewise the moytie of all the several grounds wherein no Common is or ought to be enjoyed within the said limits between London lode and Mayd lode and other the Precincts aforesaid except of the several grounds of Sir Iohn Payton Kt. Dame Dorothy his wife and Edm. Bell Esquire or any of them within those limits After this at another Session of Sewers holden at Sechie aforesaid upon Wednesday in Easter week being the xi of April in the xli year of the said Queen by the said Francis Gawdy Clement Spelman and others recital being made of those Ordinances established in the former Session before noted held the 29 of Sept. 39 Eliz. for drayning the Marsh-grounds in Upwell before-specified by a lode called London lode provided for the drayning of Neatmore and certain grounds adjoyning on the North part and the drayns called Mayde lode and Ship lode on the South whereby the Banks were appointed to be xvi foot broad at the bottom in height five foot and in bredth at the top four foot as also the Dikes five foot deep and in widenesse at the top xxx foot for the first two milesâ— and for the next two miles xxv foot and for the residue of the same and Shiplode xx foot with a Level bottom unto the Sluse for the same at the River of Ouse which Sluse to be xii foot wide the one moytie to be done at the charge of all those as had interest of Common in the same and the other moytie to be done by the Inhabitants of Upwell for the residue of their Common called Neatmore lying without the limits aforesaid imbanked And that aswell every Acre of several ground as that wherein any had interest of Common lying within the Precincts above-mentioned was assessed at ten shillings the Acre towards the erecting of the said Sluse heightning of the said Banks and making of the Drayns or Lodes called Maid lode or Ship lode and the said moytie of the said Drayn called London lode and that the lands of such as were so taxed and in default to be sold the said Commissioners by virtue of the before-specified Ordinance did decree divers lands to be accordingly sold for such their default in payment of what the owners of them had been so assessed and taxed Extracted out of a Certificate of certain Commissioners assemled at Upwell 24º Sept. 41 Eliz. 1. That the Bank sometime called the Crest but now Turk-banke lately re-edified for the defence of the waters out of the Fen â—in Upwell lying betwixt Mayd lode and London lode will be of great advantage to many of her Majesties subjects for besides the improvement of the whole grounds imbanked which are esteemed 4000 Acres at the least from id. the Acre to 3s. 4d. or more there ariseth an improvement of a great number of Acres in Denver and likewise the defence of the Banks of Plawfield and Churchfield in Welle which were heretofore much oppressed with water as also of the new Podike against the fresh waters 2. That this Bankâ— called Turkes banke was erected about two years since but there was long before and yet is an antient Bank or Causey neer the said new Bank called Turks banke and on the West side thereof towards the Isle of Ely which Bank was originally made for defence of the waters coming out of the said Isle from overflowing the grounds now imbanked and other adjoyning grounds and for a way and passage for footmen between Welle and Welneye 3. That there hath been of antient time anoâ—her old Bank or Crest called the Common drove on the West part of the said old Bank towards the said Isle adjoyning unto the River of Wellenhe being the division between the said Isle of Ely and Norff. Which said Bank was made for keeping those waters of the said Isle in their antient and right course 4. That it appeareth by certain Court Rolls and Records that divers persons have been amerced and fined in the time of K. Edw. 1. and since for cutting of the said Bank whereby the said River of Welneye was turned out of his right course and whereby the grounds on Norff. side confining upon the said River of Wellnye part whereof is now inned were surrounded 5. That after the Drayns called Mayd lode and Ship lode are perfected as by a Law of Sewers is provided the Inhabitants of the said Isle and other the Countries confining shall receive much more benefit and be better drayned than before the inning of the said grounds and erection of the said Turks banke they have been The Presentment of the Iury for the Isle of Ely made 25º Sept. 41º Eliz. 1. That the Bank called Turks banke containing in compasse about xv miles will be a great hinderance to the fall of many waters flowing towards the Sea through the Isle of Ely it being planted between the two most natural Drayns on that side the Isle at the meeting of many waters flowing out of Neene Ouse and other streams falling by Dodington and March c. and so turneth them unto the other side of the said Isle towards Litleport and the Countries thereabouts where falling into the Ouse they stop the waters naturally flowing into those quarters from that ordinary Drayn
Beryall and Westmore fens to Wellenhey River and thence through certain Fenns of Norfolk into the Ouse about Mayd lode would be most necessary and that without so doing the Fenns could never be drayned Thence we went to Rebbech where Brandon River alias Ouse parva falleth into Ouse neer Preist houses Thence to Sotherey and Modney Thence to Helgay bridge Thence to Fordham Thence to Salters lode where Nene falleth into Ouse which is a very great descent viz. ten foot from the soil of the Fenns to the low water mark besides the natural descent of the Fen-grounds from the Uplands of Huntingdon-shire thither Thence to Wisbeche Thence to Tower house and so to Hobbs house where we observed that Plantwater which cometh out of Nene at great Crosse to the said Hobbs house with Staven Ea which were wont to run to Tower house and so to Wisbeche do now run from Hobbs house by Hunster stones through Hobbs dike into March River Thence we went to Marche and Dodington and between Dodington and Chateriz there is a small lode Besselinges lode which runneth through a low Marish Fenn Thence to Chateriz Towns end where there is a Sewer called Chateriz leame growing from the West-water at Chateriz Ferry unto Dodington weeles Thence to Mephall and there saw Mephall lode which runneth from Sutton lode Thence by water to Cambridge In which passage we took notice that Harrymere gravell was a great means of the overflowing of Grant As also of Burwell lode Swaffham lode and Botesham lode all which do fall into Grant Upon this view Mr. Hunt who was the Artist for the Drayning represented to the said Commissioners what Cuts Banks Sluses Clows c. would be in his judgment farther necessary in order to the perfecting this work all which they signified under their hands to the Lords of the Council together with their opinions how much it would tend to the honor and inriching of the Kingdome but declined in regard of shortness of time to give any estimate of the charge thereof or upon what conditions it would be meet to take it in hand And upon the xxiiiith day of the same Month the King himself by his Letters bearing date at Grenewich taking notice of theirs to the Lords of his Councill as aforesaid incited them to fall in hand speedily with the work and the rather because that was a dry Summer and so the more proper for it intimating also that for the better expediting thereof he had imployed his Chief Justice Popham to take pains therein Whereupon such good speed was made that upon the xiiith of the next Month this following certificate was delivered in to the said Commissioners then sitting at Wisebeche The true content or number of Acres in the Fenns described in the general Plot lying without the Fen-dikes as it was delivered by William Hayward Gent. Surveyor upon his Oath at Wisbeche 13 Iuly 1605. Acres BUrrough-soke great Fen with some severals by Catts-water 8015 Burrough little Fen. 900 Croyland Fenns in three pieces 2000 Certain several Fens and wet Meadows lying in Ely between Borrough Little fen Borrough great Fen and Catts water 763 Thorney grounds containing in all 15850 whereof in hard land 400 Acres in Fenn 15450 UUisbeche Hundred high Fen with Sutton Fen and Throkenholt severals 8365 Ladwers Ixwell-moore the Rivers c. and other severals betwen Coldham bank Bishop's dike the division of March UUelney-River and Darcey-lode 0740 UUittlesey and Stanground Common Fenns with divers severals and half severals between the old Ea and Thorney bounds the division of UUisbeche high Fenns and Dodington fenns and from that division by the High stream and Ramsey-mere to Knuts delph and by that Delph up to Horsey brigg in which bound Ramsey hath a part of a Fen next to Ramsey mere containing 2800 Acres 24435 Other Fens between the said Delph the high stream Ubmere UUittlesey mere and so by Conquest lode to Pocket-holme and the high Land 7390 Certain Fens in Huntingdonshire between the high land skirts and Ramsey-Hards and Mere and the said high stream and Conquest lode 13455 Other Fenns of Huntindonshire lying between Ramsey Mere the high stream to Benwick the West-water to Erith brigge and the skirts of the high land between the said Bridg and Ramsey Hards 13340 The Fenns of Dodington cum membris Common and several 32000 Hony Fens in all 370. viz. Hard land 90. Fen 280 Chateryz Fens together with certain Fens of Sutton and Byall fen with some severals lying between the bounds of Dodington and Hony the West-water Sutton lode and Oxwillow lode 20700 Sutton Fens on the South of Sutton lode between the West-water Haddenham fens and the Hardes of Haddenham Sutton and Mephall 2910 Haddenham fens between the former Fens the River of Ouse Wilberton fens and Haddenham hards 3870 Willingham fens on the South of the Ouse on the West of Aldrey-Causey besides Hempsall on the East thereof 2920 Wilberton Fens with part of other Fens between the Ouse and Hard land to Ely bridge 2790 Grunty-fen encompasseth with the high lands 1694 A Fen more North between Sutton lode by Coveney and the hard land of divers Towns compassing it 3780 Downham Wodfen and other Fens between the Fens of Litle port the Ouse and Ely hard-lands to the Town 2440 The Fens of Littleport on both sides of the Ouse Common and several 12660 Westmore South of Darcey-lode and West of Welney River together with divers severals 15360 Certain Fen grounds Common and several between Welney River and the Causey dike in Upwell 1105 Certain Fens Common and several between Welney River Maid lode the Ouse and Litleport grounds 8600 Part of Wisbeche high Fen lying in Waltersey with divers severals 4320 Marshland-fen and many other grounds between Maid lode and Spalding River the Fen banks and Sea banks which will be made dry by the general drayning 4220 The Fens between Helgay brigg and Stoke brigg by the River on the South-east the high lands of Stoke Wretton Wereham Dâ—reham and Wroxham on the North and the grounds of Edmund Skipwith Gent. on the West 2900 The Fens between the high grounds of Hocwold Wilton Feltwell Methwold and Northwold high lands on the East Soke River on the North the imbanked grounds of Helgay Modney Sotâ—erey and in part the River of Ouse on the West and Brandon River from Preist houses to Brandon brigg 23290 The Fens between Brandon River on the North the River of Ouse in part and Whelpmore and Burt fen on the West Mildenhall high land and River on the South and the high lands from Mildenhall to Brandon 22120 Between Mildenhall River on the North east Ouse from Prickwillow to Ely brigg on the North West Stuntney and Soham Causey the high ground of Stuntney Noruey Soham Isleham and Worlington on the South and East contain 11780 Between the said Causey and the high lands of Stuntney on the North Ouse and Grant from Ely brigg by
bound by good and sufficient security to and for the costs and charges to be expended for the perpetual maintenance of the said works that is to say one thousand five hundred Acres whereof five hundred Acres of the said West fenn to be part and a thousand Acres of the best grounds of the said East fenn to be the rest yearly to be let out to the intent and purpose that two thousand pounds might be levyed and kept in the hands of the Mayor of Boston aforesaid for the time being to be imployed for and about the repairs of the said works and the profits of the said grounds to be to the use of the said Undertakers untill the value of five hundred pounds should be spent in and about the repairs of the said works and then the said profits to be imployed and made two thousand pounds to be bestowed from time to time upon the said works for ever when occasion should serve And at another Session of Sewers held at Boston aforesaid upon the xv of April the next ensuing year recital being made of the Laws before-specified and of the undertaking of the said Sir Anthony Thomas and his Participants there was another Decree made that for their charges therein they should not only have the one half of the said East fen and a third of all the severals adjoyning thereto and likewise the fourth part of all the surrounded grounds lying in the West fen and the severals thereto adjoyning limited and appointed to them by a former Decree but some farther augmentation in certain other particular places Whereupon the said Sir Anthony and his Participants began the work in September following and prosecuted it with so much diligence that at another Session of Sewers held likewise at Boston upon the xvi of Iuly 10 Caroli by Thomas Hâ—ughton Esquire Mayor of the Borough of Boston Sir Raphe Maddison Knight Walter Norton Richard Finsham George Pulton Rouland Hale Iohn Knight Esquire and Thomas Bedford Gent. Upon their view of those late surrounded grounds viz. East and West fenns North fenn Earles fen Armetre fen and Wildemore fen and other the drowned Commons and adjacent surrounded several grounds lying on the North and North East of the River of Witham within the extent of the said Commission undertaken by Sir Anthony Thomas Knight and his participants they adjudged the same to be so drayned as that they were fit for arable Meadow or Pasture And that there was not above sixteen hundred seventy and three Acres remaining drowned of three thousand Acres of Pits Holes Deeps and hollow places which were permitted to be leâ—t covered with waters besides the Rivers Drayns Sewers and VVater-courses within the whole Levell undertaken by the said Sir Anthony and his Associates to be drained within four years not then expired uâ—till Michaelmass next following according to the before-specified Law of Sewers made at Boston xv Maii 6 Caroli and of another Law of Sewers made likewise in pursuance thereof at Boston aforesaid xv Apr. 7 Caroli And in another Session of Sewers held also at Boston aforesaid upon the xi of August the next ensuing year recital being made of the former Decrees whereby the one half of the said East fen and a third part of the severals adjoyning thereto and a fourth part of the West fen as also the fourth part of all the surrounded grounds aswell Several as Common formerly taxed lying in the said West fen were decreed to the said Sir Anthony and his Participants for the Drayning thereof the Commissioners did fully ratifie the same proportions as they were then set out by particular metes and bounds CHAP. LVII The Eight Hundred fen THere is likewise another great Marsh lying in this Northern part of the great Levell called Eight hundred fen but antiently Haut huntre fen containing twenty two thousand Acres the Drayning whereof was undertaken by the late King Charles of blessed memory and to that end in a Session of Sewers held at Boston 28 Martii 13 Car. a Decree made that a Tax of xxs. the Acre should be laid upon sixteen thousand Acres thereof to be â—evyed upon the Inhabitants of Braytofte Swineshed Wigtoft Soutterby Alderchurch Fosse dyke Kirton Frampton Wiberton Hole Dockdike and Boston claiming Common therein But this Tax being not paid accordingly the said Commissioners sitting again at Boston aforesaid upon the first of Iune then next ensuing declared the said King to be the sole Undertaker for the drayning thereof and that the work should be perfected within six years next after that present Session or any other time that six of the said Commissioners should limit and did for recompence of the charge which should be expended therein Decree to him the said King his heirs and successors eight thousand Acres thereof to be set out by any six of the before-specified Commissioners after the accomplishment of the said Drayning FINIS THE INDEX IMprovements by Banking and Drayning in Forein Countries viz. Egypt pag. 1. Babylon 5. Belgique Provinces 10. Frizeland 14. Gallia Cis-Alpina 9. Greece 6. Holland 12. Holstein 15. Italy viz. Fossa Mariana 9. Fucine Lake 9. Placentia 9. Pompein Marshes 6. Zeland 15. Improvements by Banking and Drayning in England viz. in Cambridgshire 299. Isle of Ely 356.180 The siege thereof by King William the Conqueror 186. Thorney 360. Derbyshire 138. Essex viz. the Marshes on Thames 74. Havering and Dagenham Levell 82. Gloucestershire 213. Kent The Marshes on Thames 59. Lesnes Marsh 62. b. 65. a. Plumsted Marsh 62. b. East-Kent 36. The Ordinances of Edmund de Passele Iohn de Ifield and Stephan de la Dane there 36. The Ordinances of Iohn de Lovetot and Henry de Apuldrefeld there 38. Romeney Marsh 16. The Laws for Conservation thereof made by H. de Bathe a Justice Itinerant in 42 H. 3.19 The Ordinances by Iohn de Lovetot and Henry de Apletrefold 16 E. 1.24 b. The Ordinances made by Henry de Apletrefeld and Bertram de Trancrey 18 E. 1.27 a. The Ordinances made by Thomas de Lodelow 35 E. 3.31 Immunity to the Bayliff and Jurats 33. b. Incorporation of its Inhabitants 34. b. Huntendonshire 365. a. Ramsey ibid. Wittlesey mers 363. a. Kent and Sussex 83. The ordinances of Iohn Fogg and his fellow Justices concerning the Marshes betwixt Robertsbrigge and Romeney 52. b. Lincolnshire The Marshes on Ankholme 150. Axholme alias Hatfield Level 141. Holland 219. a. Crowland 219. a. 179. Kesteven 194. a. Deping fen ibid. 206. a. Lovell's undertaking to drain it 206. b. Kesteven and Holland 198. b. The Marshes in Lindsey 153. b. Folsedike 167. a. The Marshes on Witham 168. b. Middlesex The Marshes in the Suburbs of London 73. b. Middlesex and Essex The Marshes on Thames 69. Norfolk 288. a. Maâ—shland 244. The old Podike first raysed there 245. a. When first repaired and how 246. b. 248. a. The new Podike made there 264. a. Northamptonshire 368. Nottinghamshire 138. a. Somersetshire The