they pleased for their redemption Whereupon the said Participants not knowing otherwise what to do complained several times to Michael Monkton a Justice of Peace in those parts who not only refused to grant any Warrants or pursue any legal course for their preservation but on the contrary gave â—nâ—ouragement to the Riotors and upon an Indictment exhibited against some of them in the Sessions for these outrages which was found by the Jury some of the Justices there sitting thinking it fit to fine the Delinqnents at 4 or 5 marks a piece the said Monckton moved openly that their fines might be but six pence a piece and insisted so earnestly thereon that the fine imposed on them was no more than twelve pence a man Howbeit after this viz. in February 1650. upon a full hearing in the Exchequer a Decree was made for establishing the possession with the Participants which being published on the place in presence of divers of the said Inhabitants they having gotten the influence of the said Lilburne Wildeman and Noddel declared that they would not give any obedience thereto nor to any order of the Exchequer or Parliament and said that they could make as good a Parliament themselves Some expressing that it was a Parliament of Clouts and that if they sent any forces they would raise men to resist them and thereupon proceeded to the defacing of the Church at Santoft and within ten days time did totally demolish the Town it self with other Houses thereabouts to the number of fourscore and two habitations besides Barns stables and Out-houses as also a Windmill and destroyed all the Corn and Rape then growing on the said 3400 Acres the damage of all which amounted to fourscore thousand pounds as appeared by the Testimonies of sundry witnesses All which waste and spoil being done the said Lilburne Wildman Monckton and Noddel confederating together made an agreement with several of the Inhabitants of Epworth that in consiration of 2000 Acres of the said land so wasted to be given to Lilburne and Wildman and 200 Acres to Noddell they the the said Libburne Wildman and Noddel should defend them from all those Riots past and maintain them the said Inhabitants in possession of all the rest of the 7400 Acres before laid waste and keep them drie and in accomplishment of that agreement sealed Deeds accordingly VVhich being done the said Lilburne and Noddel with some others came to Santoft Church on the Sunday and forced the French Congregation from thence telling them that they should not come thither except they were stronger than they And after this the said Lilburne and Noddel went to another Lordship called Crowle where they agreed with some of the Inhabitants thereof to get their Commons again as Epworth had done advising them to impound the Tenants Cattell and that if any Replevin were brought they should impound them again and break down their Fences and eat up their crops and so tire them till they had attorned Tenants to them all which they did accordingly The Tenants therefore being thus terrified and seeing their condition no better than their Neighbours took Leases from Iasper Margrave and George Stovin two of Lilburnes Confederates who gave bonds of save them harmlesse by which practice and the former force the Petitioners became outed of their possessions in both these Mannours And at the making of those Leasâ—s Noddel declared openly in the presence of divers persons that he would lay xxs. with any man that assoon as Lilburne came to London there should be a new Parliament and that Lilburne should be one of them and call that Parliament to account Farther adding that they having now finished this of Lincolnshire meaning gotten the land from the Petitioners they would go into Yorshire id est the rest of the levell and do the like there and then they would give the Attorney General work enough to do And Noddel said at another time that now they had drawn their case they would print it and nail it at the Parliament dore and if they would not do them justice they would come up and making an out-cry pull them out by the ears And having thus possest themselves of the proportions above mentioned they dimised several parts thereof to sundry persons Lilburne himself repairing the House which had been built for the Minister and almost pulled down by the Rioters put his servants to reside and keep possession in it and imployed the Church for a stable and Barn A Narrative of all which barbarous outrages and high insolencies of the before-specified Lilburne Wildman and Noddel with their confederates were drawn up in writing by a Committee of the said Parliament to be represented to the House but that Parliament being dissolved by the power of the Army April 10th 1653. which was before this Report could be made by that Commitee the Council of State which was set up about ten days following did send for it and made reference thereof to a select Committee of the same Council who also farther examining the business and finding what had been so deposed and reported to be true signified as much to the said Council of State whereupon they did order that the forces of the Army quartering in the levell of Hatfield Chase or within the Counties of Yorke Lincolne and Notingham or any of them or any other that then were or might be in those parts should be aiding and assisting to the Officers of Justice and the said participants for setling and establishing the possession of the 7400 Acres of those late improved lands within the Mannour of Epworth in the said Report mentioned with the said participants and also for executing the Decrees and Orders of the said Court of Exchequer or any Courts of Justice touching their possession therein and likewise for preventing such Riots and outrages for the future And in respect of the great damage suffered by the said participants and their Tenants they farther ordered that the Commissioners of the great Seal for the time being should award a special Commission of Oyer and Terminer to the Judges of Assize for the said respective Counties to try the Ryotors and to punish them according to Law and Justice and to enquire of the damages suffered as aforesaid by the said participants and their Tenants to the end that they might have just reparations for the same VVhich order beareth date at White Hall the 31th of August 1653. But notwithstanding this the former Orders and Letters of the Parliament Council the said Inhabitants still continued in their riotous rebellious posture not giving any obedience thereto nor to the Decrees and Orders of the Court of Exchequer nor Precepts of the Court of Sewers standing in defiance and opposition to all Authority Upon another Petition therefore presented by the said participants and their Tenants together with a Remonstrance of the Commissioners of Sewers unto the Lord Protector and his Council an Order of reference was made upon the xvth
virtue of the Agreement abovesaid did build and plant a Town called Sandtoft with a Church therein placing a Minister there whereunto resorted above two hundred Families of French and Walloon Protestants fled out of their native Country for fear of the Inquisition only to enjoy the free exercise of their Religion here who erected and planted above two hundred habitations for Husbandry and plowed and tilled much of the said twenty four thousand and five hundred Acres of land to the great benefit of the Common wealth All which they enjoyed till about the Month of Iune in the year 1642 that some of the Inhabitants thereabouts pretending they had right of Common said they were not bound by the before-specified Decree and therefore taking advantage of the present distractions for then it was that the Parliament began to raise a powerful Army for the safety of the King's person defence of both Houses of Parliament and of those who had obeyed their Orders and commands and preserving the true Religion Laws Liberties and peace of the Kingdome as their votes and Remonstrances did set forth a vast proportion of money and plate being brought in by the Citizens of London and others for that purpose the King being at that time at Yorke with some slendâ—r guards which they voted to be a levying of warr against his Parliament they arose in tumults brake down the fences and inclosures of four thousand Acres destroyed all the Corn growing and demolished the Houses built thereon And about the beginning of February ensuing they pulled up the Floud-gates of Snow Sewer which by letting in the tides from the River of Trent soon drowned a great part of Hatfield Chase divers persons standing there with Muskets and saying that there they would stay till the whole levell were drowned and the Inhabitants forced to swim away like Ducks and so continued guarding the said Sluse for the space of seven weeks together letting in the tides at evâ—ry full water and keeping the Sluse shut at an ebb And about that time likewise some of the Inhabitants of Miâ—â—erton pulled down another Sluse neer that Town which occasioned the River of Trent to break down the Banks and overflow the whole levell so that the Barns and Stacks of Coâ—n were drowned a yard high at the least And thinking this not to be mischief enough the Inhabitants of the Isle of Axholme did about Michaelmasse in the year 1645 tumultuously throw down a great part of the Banks and filled up the Ditches putting in Cattel into the Corn and Pastures of those that had been Adventurers for the drayning Whereupon the said Participants in this great and costly work by their humble Petition exhibited to the Parliament in December following presented that after the expence of at least two hundred thousand pounds in those works the Tenants of the Mannour of Epworth notwithstanding their consents to that Decree before-specified which had been passed in the Exchequeâ— for settlement of what had been agreed on and set out of that Mannour for the said Participanâ—s and their Tenants had in a tumultuous manner thrown down and laid waste a proportion of at least 74000 Acres of land and destroyed a great quantity of Rape and Corn growing by forcible keeping and depasturing their Cattel thereon as also demolished very many Houses burnt others cut and burned the Plows beat and wounded those that were Plowing or resisted them in any of those their outragious acts and then threatned the drowning of the whole by cuttng of the Banks and misusage of the Sluses and moreover that they resisted the said Pâ—rticipants in levying taxes for the repair of the works to the great damage of the Common wealth in general and scandal to the Justice thereof in case these things should not be restrained and the offenders to be punished For preventing therefore of the like mischiefs and preservation of the peace of the Country it was then ordered by the Lords in Parliament that the Shireeve of the said County of Lincolne and Justices of peace there should upon complaint made to them therein punctually pursue the Statutes made in 13 H. 4. for suppressing of Riots and Routs and call to their assistance if need required the Trained bands of the said County and the Parliaments forces next adjoyning to be aiding and assisting to the said Participants in guarding and keeping these Sluses and Sewers and in repairing what had been so demolished and in levying the Taxes legally imposed tending to the preservation of so good and beneficial a work to the common wealth And for the setling of this businesse they farther ordered that the Shireeve of the County of Lincolne for the time being should upon request to him made by the said Participants appoint such a Deputy within the limits of the same levell for the sudden aiding and assisting of them when need should require as they from time to time did desire And that this Order should be forthwith published in the several Parish-Churches and Market-Towns of this County Which course being thus taken for restraint of those their tumultuous and riotous practices seven of the Inhabitants of the said Mannour of Epworth brought their actions at Law against the said Participants for recovering of what had been so formerly setled by the before specified Decree with their own consents Whereupon the said Participants exhibiting their Bill in the Exchequer Chamber for establishing their possession against those seven obtained this Order viz. that the Kings Solicitor general should proceed upon the same in that Court with all convenient speed and in the mean time the possessâ—ion of the lands in question to be held in quiet by the Plantiffs as it had been formerly setled by the said Court and enjoyed at any time since the said Decree made and likewise that their sutes at Law should be stayed by the Injunction of the same Court untill the hearing of the cause or that the Court gave farther order therein Upon which Injunction the Shireeve had a Writ of assistance and came with near a hundred persons to quiet the possession and set up the Banks of those 4000 Acres first laid waste But one Daniell Noddel Solicitor for the before-mentioned Inhabitants hearing of the said Shireeve's coming got together about four hundred men and forced him with all his assistants to flie and having so done demolished what he the said Shireeve had before caused to be set up The Participants therefore being thus forcibly kept out of possession brought their Bill to hearing which the said Noddel discerning he drew in to his aid Lieutenant Colonell Iohn Lilburne a person of a most turbulent Spirit and who since dyed a Quaker and Major Iohn Wildeman and whilst the cause was hearing joyned with the said Inhabitants in a farther Riot on the remaining 3400 Acres which till then had been kept up impounding the Tenants Cattel and refusing to admit of Replevins and so forced them to what rates
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
distresses commanded him that in case he had so done he should return them back to the said Guardians and permit those Jurats to use their Customes and Liberties for the defence of themselves and others against the Sea as they ought and had wont to do lest farther complaint should be made thereof and that by him any peril might come to the said K. Kingdome because as the same Mandate expresseth they are ready to exhibit Justice to every Complainant according to their Customes to that time obtained and used and likewise to abide the Law as they ought and had wont to do if they had in any thing transgressed against those usual Customes By which precept he was moreover forbidden to make any future replevin by virtue of whatsoever Writ from the said King quia necessitas defensionis talis inopinata si venerit saith the Record legi communi vel justitiae subesse non poterit i.e. because the unforeseen necessity of such defence in case it should happen cannot be subject to the Common Law or Iustice Nay so tender was the said King for the preservation and security of this famous and fruitful Marsh that the next year following by his Letters Paâ—tents bearing date at S. Edmundsâ—ury the second of September directed likewise to the Shireeve of Kent making this recital viz. that because xxiiij lawful men of the Marsh of Rumenale elected and sworn for that purpose time out of mind ought to make distresses upon all those which have lands in the said Marsh for the repairing of the Banks and Water-courses thereof against the violence and danger of the Sea and upon all others which are obliged and bound to the repair of the said Banks and Water-courses he granted to those xxiiij that for the security of the said Marsh they should make those-distresses so that they were done equally according to the proportion more or lesse which each man had therein and according as some of them were obliged and bound And therefore commanded the said Shireeve that for avoiding of perill he should neither by himself nor his Bayliffs meddle with the distresses so made by the appointment of the said xxiiij Jurats Farther signifying that whosoever should make complaint to him upon consideration of the said distresses he would do him Justice in his own Court and reserve that Justice to himself or his own special Mandate But after this viz. in the 41 H. 3. it being represented to the said King by certain of his loyal Subjects that whereas time beyond memory judgements ought to be made by xxiiij lawful men of the Marsh of Romenalle to that purpose chosen and sworn for the distraining of all those which had lands in the said Marsh to the repair of the Banks aud Water-courses of the same against the force of the Sea and peril of inundation by other waters as also of all those who were otherwise obliged or bound to those repairs he the said King by his special Precept bearing date at Mertone the xvith of April directed to Henry de Bathe a famous Justice Itinerant of that time reciting his Letters Patents next above mentioned with the power thereby given to the said xxiiij Jurats touching the taking of distresses as aforesaid and signifying that the said xxiiij Jurats having had opposition and resistance by certain persons of the said Marsh who were obliged to the repair of those Banks and Water-gangs according to the quantity of the lands which they had therein were not able to make the before-specified distresses Whereupon the said Banks and Water-gangs being not repaired the inundations from the Sea and other waters overflowed this Marsh to the inestimable damage of the said King and the Inhabitants thereof Being therefore desirous to provide for his own Profit and Indempnity and the men of the said Marsh he constituted the said Henry de Bathe his Justice to hear and determine the controversies touching those repairs risen betwixt the said Jurats and the Marsh-men who were so obliged to the same repairs according to the quantity of their Lands and Tenements lying therein and according to what some men were otherwise bound or obliged commanding him that at a certain day and place to be by him appointed he should be in those parts to hear and determine the said controversies and to provide for the security and defence of the said Marsh as aforesaid And moreover to signifie in writing distinctly and plainly unto him the said King what he had done therein that the same might be inrolled And directed likewise his Mandate to the Shireeve of Kent that at a certain day and place to be assigned by the said Henry he should cause such and so many honest and lawful men of this Bayliwick to come before him by which persons the said differences might be the more fitly determined and provision for security of the said Marsh the better made And that the said Shireeve should personally assist and attend the said Henry therein as he the said Henry on the said King's behalf should enjoyn him By authority of which Precept the said Henry de Bathe with his associates viz. Nicholas de Hanlou and Alured de Dene sate at Romenhale upon the Saturday after the Feast of the Nativity of the Blessed Virgin in the said xlii year of King Henry the third before specified to which place the said Shireeve of Kent his assistant by virtue likewise of the said Writ then brought thither so many and such lawful men of his Bayliwick as aforesaid by whom these differences might be determined and provision for the safety of the said Marsh the better made And the said Henry at the request of the Councel of the Commonality of the said Marsh then and there likewise being and none of the Marsh-men gain-saying it made and constituted these following Ordinances viz. That twelve lawful men should be made choice of by the Commonality of the said Marsh viz. six of the Fee of the Archbishop of Canterbury and six of the Barony who being sworn should measure both the new Banks and the old and those other which ought to be new made the measure to be by one and the same perch scil of xx foot And that afterwards the said Iurats should likewise according to the same perch measure by Acres all the Lands and Tenements which were subject to danger within the said Marsh. And all the said measure being so made that then xxiiii men first elected by the Commonality and sworn having respect to the quantity of the Banks of those Lands which lay subject to peril upon their oaths to appoint out every man his share and portion of the same Banks which should so belong to him to be made and sustained so that according to the proportion of the Acres subject to danger there should be assigned to every man his share of perches and that the said assignation should be made by certain limits so that it might be known
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
Barston and Herthill and betwixt Use and Derwent And the next year following Iohn Moubray Thomas de Ingelby Henry de Barton and others had the like assignation for the Banks c. betwixt the Rivers of Ayre Ouse and Wâ—erfe and to act according to the Law and Custome of this Realm Several other Commissions also were directed to others for the view and repair of the same Banks and all such as were in decay in those parts viz. in the same year to Richard de Ravensere Provost of Beverly VVill. de Fyncheden and others for those upon the Rivers of Use Ayre and Done in the parts of Merskland and Osgodcrosse And to Thomas de Ingelby VVilliam de Fynchedon Will. de Galby Parson of Epworth and others for those in the parts of Balne and Mersland In 43 E. 3. to Sir Thomas de Metham Sir Roger Lascells Knights Roger de Fulthorpe and others for those upon the the coasts of Humbre Ouse Derwent Fulne Langedyke and Skelflete within the Liberty of Hoveden and VVapentake of Herthull and betwixt the Rivers of Ouse and Derwent In 44 E. 3. to Richard de Ravensâ—re Arch-Deacon of Lincolne Will. de Fyncheden Gerard de Usflet and others for those upon the Rivers of Ayre and Done in the parts of Merskland and Osgodcrosse And in the same year to Iohn de Moubray Thomas de Ingelby Henry de Bâ—rton and others for those betwixt the said Rivers of Ayre Ouse and Wherfe In 49 E. 3. to Thomas de Metham Wll. de Mirfeld Henry de Barton and others for those betwixt the Rivers of Wherf Eire and Ouse In 50 E. 3. to Roger de Fulthorpe Will. the Son of VVill. Skipwith Iohn de Brakenholme and others for those betwixt Ouse and Derwent In 51 E. 3. to Richard de Ravensere Clerk Roger de Fulthorpe Iohn Cunstable and others for those upon Use Ayre and Done in the parts of Merskland and Osgodcrosse So also to Roger de Fulthorpe Iohn de Aske VVill. the son of VVill. Skipwith and others for those betwixt Ouse Derwent Spaldyngmore and Hovedenshire To the said King Edward 3. succeeded his Grandson Richard the second who in the second year of his reign directing his Precept to Robert de Haldanby wherein he recited that his said Grandfather considering the waste and spoil whereunto the Country of Mâ—rskland in this County was subject to by the inundations of Humbre Ouse and Trent and that the chardge whereat the Inhabitants therâ—of had been for the defence thereof and still ought to be was so great through their losses by many flouds as that they were not able to withstand the approaching perils without help from others and therefore being most willing to provide for their succour did on the twenty fourth day of Iune in the 43th year of his reign grant unto them all Fines Issues Forfeitures and amerciaments then adjudged by virtue of his Commission to the said Robert and his associates or which might for the future be adjudged before them the said Commissioners then his Justices of Sewers in those parts in their several Sessions to be received and levyed by the hands of the Deputies for the Commonalty of that Country towards the support of their said chardge and expence By which Precept he commanded the said Robert that he should deliver the Extracts of the said Fines issues forfeitures and amerciaments adjudged before him and his said associates from the date of that Commission unto the death of the said King to the end that they might cause them to be levyed by those their Deputies and have them according to the tenor of the same Letters Patents In 4 R. 2. Richard de Ravenseere Clerk Iohn de Botheby Clerk Roger de Fulthorpe Iohn Constable Gerard de Usflet Thomas de Rednesse Iohn de Aske Robert de Haldanby Iohn de Sadyngton VVilliam de Swynflet and Thomas de Egmanton â— were assigned to view and repair those baâ—ks c. upon the Rivers of Use Eyre and Done in the parts of Merskland and Osgodcrosse So also in 6 R. 2. were Roger Fulthorpe Thomas de Metham Iohn de Aske Thomas de Saltmershe and Iohn de Kirkeby for those in the parts of Howedenshire In the same year the Inhabitants of Merskland before-specified and of the Isle of Axholme in Lincolnshire by their Petition to the said King wherein they shewed that whereas King Edward the second did at their humble sute constitute Iohn de Doncastre and others his Justices to clear the River of Done which is the division betwixt those Counties aswell for the passage of ships from Doncastre to the River of Trent as for drayning of the Lands adjacent which said Justices did accordingly cause the said Chanel to be digged from a place called Crulfrethill unto Demmyn in bredth xvi foot and one grain of Barly at the chardge of the said Inhabitants of those parts and thereby reduced the same water into it's antient course and that since the said clensing thereof there were certain bridges and other obstructions made therein so that the passage of ships was again hindred The said King therefore issued out his Commmission to Roger de Fulthorpe Robert de Morton Robert de Haldanby Will. de Swynflete and Robert Gaâ—ke to enquire thereof and to make such redresse therein as should be expedient in that behalf In 7 R. 2. the same Roger de Fulthorpe Stephan del Fall Iohn de Aske Thomas de Saltmersh and Iohn de Kirkeby were constituted Commissioners to view and repair the Banks c. in the parts of Howedeneshire and Wapentake of Herthill and betwixt the Rivers of Ouse and Dexwent The like Commission in 12 R. 2. had Sir Philip Darcy and Sir Will. Fitz Knights Iohn Woderove of Dransford and Thomas Maunsell for those betwixt Ayrmyn and Ferybrigg So also in 15 R. 2. had Sir Iohn le Scrope Sir Gerard de Ousflet Sir Thomas de Redenesse Iohn Woderove and others for those upon Ouse Ayre and Done in the parts of Merskland and Osgodcrosse in this County and to do all things therein according to the Law and Custome of this Realm And in 17 R. 2. Sir Philip Darcy Knight Iohn Wodâ—ove William Gascoigne Thomas Maunsell and Iohn Nevill had the like for those banks c. betwixt Eyrmin and Feribrigg on the South part of Eyre and Brotherton and Neweland on the North side with direction and power to proceed therein according to the Law and Custome of England and the Custome of Romeney Marsh till that time used As also to imprest so many Diggers and other Labourers as they should think fit to imploy in that work allowing them competent wages in regard of the urgent necessity for the expediting thereof In 21 R. 2. upon a sute in the Kings Bench for the clensing of a certain Sewer called Poldike betwixt Hamercon and Non Monketon
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
had promoted a Bill in the Parliament then sitting wherein it was alleged that the course of the said River ought not to be made narrower under pretence that if it should not only the Port of the said Town of Lenne would be destroyed but the Counties of Cambridge Huntendon Northampton Bedford Buckingham Leycester UUarwick Derby and Suffolk would sustain much damage thereby and that the said Bill was maliciously made and without reason as it might be justly proved in case the said King would condescend that the Justices put in Authority for the preservation of the said Country would do their duty therein and proceed according to the Law and Custome of the Country considering the sudden mischief and destruction which might happen by one hours neglect the whole Country being in danger of irrecoverable drowning desiring that the said Justices might not be superseded but that they might proceed to reduce the same River into it's antient bounds and in such sort as it was before the boysterous flouds had carryed away the before-specified Banks and the Country so surrounded In 37 E. 3. Sir Saier de Rocheford Sir Robert de Causton Sir Hugh Lovet and Sir Raphe Rocheford Knights Thomas atte Lathe and others were appointed to view and repair the Banks Ditches and Sewers betwixt the Rivers of Wellestreme Wysebeche Welle and Wigenhale in this Province of Mershland with direction to proceed therein according to the Law and Custome of this Realm The like Commission had Rob. de Ufford Earl of Suffolk Robert de Thorpe and Iohn Knyvet for those Banks c. betwixt Lenne and Wygenhale So also in 51 E. 3. had Robert Howard Iohn Colevyle Raphe de Rocheford and others for all the Banks c. throughout this whole Province And in 1 R. 2. Roger Scales Robert Howard Iohn Colevill Raphe de Rocheford Reginald Hakebeche William de Petworth Clerk Hugh de Gandeby Clerk Iohn de Rochefort Iohn Mareschall and William Newehous It seems that there was nothing done upon that Petition exhibited to King Edward the third by the Inhabitants of Wygenhale and the other Towns therein mentioned for reducing the River into its antient bounds for I find that in 2 R. 2. they presented another to the then King importing the same in effect as the other did adding that the said water by reason of its extraordinary bredth after the Banks on the one side thereof were worn away had so great a power upon the Bank on the other side that all the Towns in those parts were frequently overflowed and the chardge in maintaining of the said Bank grown so great that they were not able longer to support it so that their Country was in much danger to be totally destroyed in case some fit remedie were not speedily used The said King therefore by the advice and assent of his Prelates and Nobles then assembled in Parliament constituted William de Ufford Earl of Suffolk Robert de Wilughby William de Wychingham and Iohn de Hawe his Justices to take view of those Banks and to enquire what remedy might be had therein whether by reducing the said stream into a narrower compasse or otherwise and if by making the course thereof narrower thenin what place to make new Banks for that purpose and in what manner and likewise to enquire through whose default those losses had thus hapned and who did hold any Lands Tenements Common of Pasture or Fishing in those parts or that had safeguard and benefit or losse or might any ways have either by the said stream aswell those that inhabited at a distance as those that lived neer unto it and to distrain them for the repair thereof according to the proportion of their Lands to be new measured by Acres if need were or by Carucates or quantity of Common of Pasture and Fishing By virtue of which Commission the Shireeve was required to impanell a Jury to enquire c. Which he did accordingly and attended the said Justices at Wigenhale on Saturday next after the Feast of the Apostles Peter and Paul where being sworn they presented as followeth viz. that the Banks on each side the before-specified River running up from the main Sea into the Countrey through the midst of the Towns of Clenchwarton Tilney Islington Wigenhall Watlington and Roungeton-Holme and farther even to Pokediche were through the extraordinary raging of the Sea so miserably broken and torn that the greater part of the Lands and Tenements in South Lenne Hardwick UUestwinche Secchithe magna and Secchithe parva was overflowed and destroyed And that there was no other remedy for the safeguard of those Towns and the parts adjacent against the fore-mentioned dangers but only the reducing of the said River within narrower bounds and other means following And they said that such a restraint thereof might well and conveniently be done for the safeguard before-mentioned in a certain place called Larkes hirne in South Lynne in this manner viz. that whereas the same River did in that place then contain in it self xl perches in bredth every perch being reckoned at xvi foot it ought of necessity to be restrained in that place on both sides for the safety of those Towns xxxiiij perches every perch being of the length abovesaid so that the bredth of the Chanel of the same River should be reduced to six perches And thence on the East side of the same River that a new Bank should be made directly to a certain other River called Secchithe and so to the House of the Friers Carmelites of South Lenne which River of Secchithe was then five perches wide as they presented but ought to be reduced to the bredth of one perch accounting the said perch at xvi foot long as aforesaid And they said that if such restraint of that River before-mentioned and a new Bank were not made all the Banks on each side the said stream betwixt the Town of Lynne and Pokediche would be totally ruined and consequently the said Country wholly destroyed And that all such straightning of the said Rivers ought to be made by the Land-holders in Clenchwarton Tylney Islington and Wigenhale and that for the same defence to be performed in form aforesaid they ought every one of them to give their assistance according to what each man held provided always that no Tenant or Commoner upon a certain place called Tylney Smethe and on another place called Marshland fenne should by reason of any Commodity had in either of those places contribute any thing thereto And they likewise said that all the owners of land from Larkyshyrne to the common way which leadeth from the Bridge at Wigenhale S. Germans unto the Bridge at Secchithe magna and from Hardwick house directly Southwards to the said Bridge at Secchithe in length and from Greâ—nediche which joyneth upon Hardwick dam Northwards and Gerys dam Southwards and from UUest Wynchegreene which joyneth upon Gerys dam Northwards in a place where
his Progenitors inter alia of certain Lands and fishing which Ulfkytell had in Welle And that though the said fishing was then viz. when this Inquis was taken called Livermere and in the Town of Welle which was before called Wylla and in the County of Cambridge and that a certain water called Nene had time out of mind ran to the said Lake and did then so do and that the said Abbot and his Predecessors had ever had the said Lake or fishing with the course of that River of Nene running thereinto and peaceably enjoyed the same the said Commissioners by Virtue of the King's Letters Parents for the view and repair of the Banks Ditches and Sewers in that County and by colour of an Inquisition taken before them without any notice given to the before-specified Abbot intended the obstruction of the said water-course wherein in case they should proceed the said Abbot would totally lose the benefit of his said fishing to the damage of the King himself because that the profit thereof with the benefit of the other Lands belonging to that Abby being of the said Kings Patronage ought to belong unto the Crown in the time of every Vacancy he therefore required them that they should not make any attempt therein to his prejudice without consulting with him Whereupon the Wednesday next before the Feast of the blessed Virgin being assigned the said Commissioners sate again at which time the said Inhabitants of Elme Welle and Wisebeche brought the Kings Writ by virtue whereof the Bayliffs of Tyd Neuton Leverington Wisebeche Elme and Welle were required to summon xij of the most substantial men in every of the said Towns to appear at the Castle of Wisebeche before the said Justices upon Wednesday next after the Feast of S. Luke the Evangelist there to perform what should be enjoined them on the said King's behalf touching the obstruction of that Crike And the said King did likewise issue out another Precept unto the before-specified Justices that after their said Session they should upon the Octaves of S. Hillary under their Seals transmit the Record of their proceeding therein unto him to the end that upon perusal thereof he might consider what farther to do therein according to the Law and Custome of this Realm The next ensuing year sc. 14 E. 3. Iohn de Hedersete Iohn de la Rokele and Hugh de Walton were assigned to view the Banks and Sewers on both sides the water of Well Ee within the Town of Waterwell on the borders of Norfolk and Cambridgshire and to take order for their repair And the same year at a Session of Sewers held at Wisebeche upon Monday next after the Feast of S. Iohn Baptist for safeguard of the Towns of Elme and Welle it was ordained that there was a necessity of mending and raising the Bank called the New diche lying betwixt the Rivers of Elme and Welle full two foot more than it was at that time in the highest place and so beginning by the Level of Fryday brigge to Charite Crouch thence to Gongsted lake according to the same Level height and thickness thence to the Cowestowe thence to the Garden of the Prior of Meremaund and thence to Lakebrigge every man to make his frontier of the same height thickness and Level And they also decreed that from Gonsted lake unto Charite Crouch no man should come neer the said Bank called the New diche for to mow or dig for the bredth of ten perches towards Coremere and Hendmere except for the mending of the said Bank and that to be done by common assent And they likewise ordained that a Clow of five foot in bredth and in depth two foot should be made at the Lakebrigge to carry away the waters betwixt the Newdiche and Bishops diche at the charges of those who had Lands and Commons within those places And that one Clow should also be made at Frydaybridge and another at the Stone-Crosse in Outwell for avoiding the waters of Needham each of them of the same bredth and depth as abovesaid and to be done at the costs of all those who had lands within the Bishopsdiche and Needham diche and within the River of Elme and the Greendiche and Thorndiche And they moreover ordained that the old Sewer of Deleford unto the Stone-Crosse should be clensed and digged as it ought to be at the charges of Needham and that every Ditch drawing water to the said Sewer should be opened at all times of the year wherein water could run And that Piisdrove should be raised in each low place and that from the same little Drove one Crest should be made into the large Drove unto the Grenediche having a Causey for Common Drift of Cattel at all times of the year and this to be done at the charge of Upwell and Outwell and that all Slades and low places in the same Drove and ways be amended at the charge of the Towns each for themselves And they likewise ordained for Drayning of the Lands at Bodebeche that there should be three Pipes placed the first of one foot square every way and this to be fixed in the Bank sometime belonging to Gilbert atte Delf neer the Milne hill the second in the Bank of Christian de Beaupre opposite to the School being two foot in bredth and one foot in depth and the third in the antient Sewer to be a foot square on every side All which Pipes to be made at the charge of the Landholders in Bodebeche And they also ordained that the frontier of the Abbot of Dereham in Bodebeche should be stopt and that for the future no mau should dig Turfs nor Slakkes in the common Droves of Elme and Welle for dieving of flax or hemp in the common Ditch and Sewer to the nusance of the Commonalty except by the oversight and appointment of the Guardians which were to be deputed for the present And that the Bank called the New diche extending from Charite Crouch to the Prior of Meremound's Garden should be anew repaired equally and afterwards agisted And also that the breaches in Bishopesdiche and Needham diche should be repaired and moreover that all the Frontiers of the Uausedrove unto Frydaybrigge and thence to Eustace le Vernoun's Drove should be stopped up And they also ordained that one stop should be made in Oldfield neer to the Se diche in the Ditch of Raphe atte Field and to be in thicknesse eight foot at the charges of the said Raphe And that the Floud-gates of Elme as also the old Bridge together with the great Bridge neer to the Church of Elme should be newly repaired and amended at the charges of the whole Town And that for the repair of the said New diche every Acre of land from thence to Needham diche should pay a penny and every Acre from Needhamdiche unto ....... and Uernons field and the Infield and Brodbechefield an half peny and either more or lesse as need should be About
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
suffred to run as also a Bridge presently laid over But on the xvth of March next ensuing there hapned so great a storm that it brake the Banks of this new River and drowned Neatmore with the severals adjoining So that on the xxi of the same Month of March they were constrained to stop the River at Upwell Towns end again Not long after this there was a Petition exhibited to the King by the Inhabitants of divers fen-towns without the I le of Ely in the Counties of Suff. and Cambridg humbly desiring that whereas a most laudable work of drayning the Fens c. was then recommended to the high Court of Parliament and that divers Towns lying on the skirts of those Fens would have no benefit thereby in regard their lands were very seldome surrounded they therefore might be excluded out of the intended Act of Parliament whereby a proportion of the said Fen grounds was to be allowed to the undertakers in the drayning for the supporting of their charge therein Whereupon the Lords of the Councel by their Letters dated at White-Hall upon the xxxi of August in the fourth year of the said K. Iames his Reign reciting what had been signified formerly by them as to the fecibleness of the before-specified Drayning and that the Lord Chief Justice Popham was present at the Session of Sewers held at Cambridge and gave notice to the Country that his Majesties pleasure was so far to further the same as to men of understanding might appear to be to the general good of his people as also that there was a Law then made for the said Drayning And moreover that at another Session held at Wysbeche order was taken for the drawing of a Law to be presented to the Parliament for confirmation thereof But that some persons not well understanding the state of the cause complained to his Majesty of great losses and hindrances which they were like to sustain in case the said Act should proceed and therefore desired the said Commissioners to examine the true Causes of those Complaints and to represent to them the true state of the Fens with the difference between the last years profit and that present year In answer whereunto the said Commissioners made this return to the said Lords of the Councel viz. that they did meet at Cambridge on the 22. of October 1606. for the Examination of the Petition formerly mentioned and that they found few reasons to fortify it but such as were or might be provided for in the intended Bill all persons with whom they had treated having acknowledged that the want of drayning was an inestimable hurt to those Fenny Countries And that whereas an objection had been made of much prejudice that might redound to the poor by such drayning they had information by persons of good credit that in several places of recovered grounds within the Isle of Ely c. such as before that time had lived upon Almes having no help but by fishing and fowling and such poor means out of the Common Fens while they lay drowned were since come to good and supportable Estates The Chief Contents of the Bill handled in Parliament Anno 4. Regis Jacobi touching this general Drayning The limitation of time allowed to Sir Iohn Popam Knight Lord Chief Justice and the rest of the Adventurers for accomplishing the work was to be ten years after the end of that Session of Parliament The particular Cutts and Drayns c. to be made by the Undertakers were as followeth 1. A New River with a Bank and In-dike from the Upland neer Peykirke between Weland and Burrow Bank unto or neer Heddike Corner and thence to Crouland water head and there to place a Sluse and so to great Porsand Bank with a Dam over the River to the said Bank to keep in Weland from overflowing 2. To amend the Leame from Peterborough to Guyhirne and to cut a new River and Bank on either side of the said Leame with Indikes for preserving of the Banks the North Bank to begin from Burrow little Fen Bank where six of the Commissioners shall think fit 3. To enlarge the River from Guy hirne to Wisebeche and so to the four Gotes 4. To make a sufficient passage for the River of Ouse from Erith to Salters lode either by enlarging its Chanel or embanking c. And to make two new Rivers to begin about Erith brigg and so to go by Sprall's were to Mayd lode and so through Denver fen into Ouse about Denver hithe with sufficient Banks and Indikes c. and Sluses at the upper end of the new Rivers and West water in such sort as the Navigation in old Ouse and Grant may not be impaired 5. To imbank in all needfull places Grant Mildenhall Brandon and Stoke Rivers viz. Grant from a Corner below Clayhithe ferrey Mildenhall and Brandon Rivers from their entrance into the Fens or from some other more convenient places And Stoke River from Stoke Causey unto the places where they fall into Ouse and to enlarge them where need is with Banks and Indikes c. as six of the Commissioners should think fit 6. And to make new Rivers Banks Indikes c. where need is c. yielding to the owners of the Lands such recompence as any six of the said Commissioners should think meet As also Bridges passages Sluses and Land Eas. 7. That they may take in water to maintain fishing so as the same be kept within Banks and be not hurtfull to the adjoyning Fens 8. To make Ferryes and Ferrey houses where need is 9. That for this performance the Undertakers c. to have in severalty 112000. Acres Statute measure by the small hundred by assignation of the Commissioners 10. That where there is sufficient waste to answer the Undertakers and leave sufficient for the Commoners the Land owners not to be impeached in their severals 11. That the Commissioners do respect both quantity and quality in their opportioning 12. That such opportioning be made before Michaellmass A. 1007. if they may 13. That of Waltersey the Undertakers to have 2. full parts of 3. to be set out as aforesaid 14. That the Undertakers shall have the soil waters and fishing of all the new Rivers so to be made with the Banks Indikes c. 15. That they shall begin to take their profits as they finish their draynings 16. That if any of the grounds shall be again overflowen recompence to be made to the parties damnified out of the 112000. Acres to be assessed by any six Justices of the Peace whereof 2. of the Quorum where such surrounding shall happen 17. That all grounds adjoyning to these Fens which are bettered by the Drayning shall contribute towards the charge of the Undertakers as any six or more of the Commissioners shall think meet 18. That all Mannors Wastes and Common shall have metes and boundaries set to them by the said Commissioners where the bounds are
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