to the said Shireeve bearing date the xxth of April requiting him to return back those distresses to the end that no more complaint might be made against him upon that occasion for which he might farther incurr the said King's displeasure To give instance of all the particular persons who opposed these Ordinances it would be too tedious could I exactly do it I shall therefore here take notice of one only sute in this case which was commenced by one Godfrey le Fauâ—oner against Hamon Pitte Iohn Cobbe and others for taking ten Cows by way of distresse upon his the said Godfrey's Mannour of Hurst for his disobedience to the said Ordinances To which action the said Hamon and his Fellow-defendants pleaded that the said Godfrey enjoyed certain possessions lying in Romney Marsh in which Marsh all that hold any lands ought according to the quantity of their Tenements to make the Banks and Water-courses against the Sea and other inundation of water And that the xxiiii men oâ— that Marsh chosen and sworn by the commonality thereof ought to make distresses in the same upon all the Landholders according to the quantity of their Tenements whensoever the Banks and Water-courses thereof should stand in need of repair Which said Jurats as the custome was because they could not attend it themselves made choice of the said Hamon to take those distresses and constituted him their Bayliff so to do And that they have this liberty by the antient Custome of the said Marsh and by the Kings Charter which they then produced Whereupon they say that by teason of the said Godfrey's default that distresse taken for repair of those Banks and Watergangs was justly made Of which there were assigned by the said Jurats three perch and a half at the least for his proportion in the Bank of Apuldre to be repaired at his costs and according to the overflowing of the waters more if need should be in divers places And whether they might not have taken a greater distresse upon him they appeal to the Country They say neverthelesse also that they took upon one A. B. a Fermour to the said Godfrey ten Steers and ten Lambs belonging to I. N. Tenant also to the said Godfrey by reason of his default in repairing the said Banks and Water-gangs for which they afterwards made satisfaction and had their Cattel again And being questioned for how much he took the first distresse and for how much the second he said that the first default of the said Godfrey was estimated at four Marks and the second at xlviiis. And the said Godfrey alleged that he held those Tenements in the Marsh aforesaid by the grant of Henry sometime King of England Grand-father to King Henry then being And that the same King Henry gave them to William the Son of Balderic ancestor of the said Godfrey whose heir he is And that by this grant both his Ancestors and himself after them alwayes held their Tenements in the said Marsh as freely and quietly as the said Baldric first held them And he farther said that this custome for the repair of those Banks and Watergangs was never required neither of his said Ancestors nor himself till about five years then last past that the said Hamon was made Bayliff for the custody of the same Banks and Watergangs nor that they ever made them at any time and produced the Charter of the said King Henry the second And moreover said that his Ancestors held those Tenements by that â—eoffment so freely that they never did any repair to the said Banks not Water-gangs And that neither he after he possessed the same lands nor his Ancestors were ever distrained till within these five or six years last passed that the said Hamon and others took his Cattel And forasmuch as they knew who they were that made those distresses for that defect in repairing the said Banks and Water-gangs which neither he nor his ancestors made nor were us'd to make he required judgement of their recognition Whereunto the said Hamon and the rest replyed that in former time there was a difference betwixt the Tenants in the said Marsh touching the repair of the before-specified Banks and Water-gangs Upon which there grew a sute in the Country before the Shireeve wherein the said xxiiii Jurats deeming themselves wronged came to the King's Court and complained to the Shireeve alleging this Plea did not pertain to the Shireeve to hold It was therefore determined by the King's Counsel that the Kings Justices should be sent thither to ordain and dispose of those differences according to Justice and accordingly Henry de Bathe being sent all the Tenants of the said Marsh had summons of xl dayes as in the Iter of the Justices And the said Henry upon his view of those Banks and VVater-gangs by the consent good liking of the whole commonality of the said Marsh then ordained that the Arch-bishops Bishops Abbots Priors Earls Barons and all the tenaÌ„ts in the said Marsh should coÌ„tribute to the repair of those Banks Water-gangs according to the quantity of their tenements VVhereupon as the said Godfrey desired to be defended by the said Banks water-gangs the said Hamon required that he the said Godfrey should contribute to those repairs as it was ordained in the presence of the said Justice And that there was such an Ordinance as aforesaid he referred himself to the Record in the Rolls of the said Henry de Bathe And also the said Hamon further alleged that of necessity the said Godfrey ought to contribute to the said Banks c. Because that if his land should not be defended by them it would be wholly drowned made salt But to this the said Godfrey answered that though that Ordinance was so made by the said Henry yet he the said Godfrey never gave his consent thereto and that he was neither summoned nor called to come before him at the making thereof And moreover said that neither before the same Ordinance so made nor after either he or his Ancestors ever so contributed but alwayes held their land quietly without any exaction at all according to the Tenor of the before-specified King Henry's Charter Grandfather to the then King Henry untill two years before that the before-specified Hamon and others took his Cattel Whereupon he required judgement whether the same Ordinance ought to prejudice him in that behalf Howbeit the said Hamon and others replyed that he had the common summons of xl dayes in such sort as the whole Commonality of the said Marsh had whereof he ought not to be ignorant And thereupon said that though the said Godfrey would not come as he ought to have done with his neighbours he ought not therefore to be free from payment of the before-specified contribution for repair of those Banks because it conduced to the common profit of all the Tenants in the same Marsh that aswell his lands as the lands of the other Tenants be defended by the
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
the Arch-angel to answer unto the particulars contained in the said presentment who came accordingly and said that he himself and some of his Predecessors with their Tenants and Fermours in the Towns and places adjacent to those banks had for their own Commodity and benefit often repaired divers parts of them but not at all for the advantage of the Country and thereupon did put himself upon the tryall of a Jury Which being summoned to appear came and said upon their Oaths that the said Abbot and his Predecessors as also their Servants Tenants and Fermours of their Lands and Tenements lying in the places adjoyning to those Banks had very often for the avoiding of damage to themselves repaired those Bank for their own private advantage as he the said Abbot had pleaded and not otherwise And that neither the said Abbot nor any of his Predecessors had ever repaired them for the safeguard of the Country or keeping in the water within the said banks for the benefit and Commodity of the Kings liege people Wherefore the said Abbot was dischardged from that Presentment But after this viz. in H. 6. time there was an Inquisition taken at Staunford in this County before Sir Iohn Beauchamp Knight then Steward of the Kings Houshold and Iohn Duke of Norfolk Marshal of England and the Marshal of the Court of Marshalsiâ— in the said Kings Houshold where it was found by the Jurors that there was a certain Clough called Shiphey lying at Dousdale in the parish of Crouland then broken by reason whereof the Lands and Tenements of divers persons thereabouts were overflowed to their great damage and hindrance and that the Abbot of Crouland ought to repair the same as he and his Predecessors had formerly used to do which Clough had been broken and out of repair from the Feast of Easter in the xxxvi year of the reign of King Henry the vi and did so remain at the taking of this Inquisition Upon which presentment so made by the said Jurors as aforesaid the Abbot of Crouland by his Attorneys appeared at Deping upon Thursday next after the Feast of All Saints in the second year of King Edward 4th before the Steward and Marshal of the Kings Household and pleaded not guilty as to the said chardge but because he would not contest therein with the King he submitted himself and desired that he might be admitted to his fine and was accordingly which the Court assessed at vis. viij d. In 3 H. 5. there was an Award made betwixt the Abbot of Crouland and the Inhabitants of Spaldyng and Pinchebec by Iohn Woodhouse Chancellour of the Dutchy of Lancaster Iohn Leventhorp Receiver and Will. Babington one of the Council of the said Dutchy with the assistance of Richard Norton Chief Justice of the Common Pleas and the rest of the then Justices of that Court who did decree to the said Abbot and his successors all the soil of Goggisland together with the whole fishing and fowling therein and that the said Inhabitants of Spalding and Pinchebec should be excluded from taking any other profits therein excepting Common of Pasture CAP. XLV HAving now done with what concerns that sometime famous Monastery of Crouland I shall proceed with the remainder of this Province but before I descend to speak in particular as to the support and maintenance of those antient banks so long before made for the gaining thereof from the Sea and it's defence against the fresh waters as also such works of drayning or otherwise as tended to the better improving of all or any part of the same I think it not impertinent to take notice that these following Marshes and Fens are observed to have long since been within the limits of it viz. in the year of Christ DCCCxxxij in Langtoft to the extent of two miles in length and as much in bredth In Baston xvi furlongs in length and eight in bredth In Holbeche and Capelade in the year DCCCLi five thousand acres and in the Norman Conquerors time in Algarekirk ten Ox gangs then waste by reason of the Seas inundation Next to observe that King Henry the first did afforest a great part thereof aswell as of Kesteven already spoke of And that King Iohn did in the fift year of his reign deafforest all those lands that belonged to Surflet Gosbercherche Quadavering and Dunnington As to the Sea-banks in this Province I find no mention of them till King Henry the third's time but then it appears that the said King directed his Precept to the Shireeve to distrain all those that held any Lands lyable to the repair of them to the end that they might be repaired as they ought and used to be which Tenants were afterwards to have allowance thereof from their Landlords And about four years afterwards viz. in 44. H. 3. the said King by his Letters Patents to Henry de Bathe of whom I have had occasion to make signal mention in my discourse of Romeney marsh reciting that whereas through the inundation of the Sea into these parts of Holand inestimable losse had hapned and more was imminent as he had credible information and that by reason thereof he had sent his Precept to the Shireeve of this County to distrain all those who held any Lands and Tenements in these parts which ought to contribute to the repair of the Ditches Bridges and Banks of the Sea and Fens therein in order to the repair and maintenance of them according to the quantity of their said Lands Neverthelesse for the manifestation of his greater care of that work he appointed the before-specified Henry together with the said Shireeve to provide forthwith for those repairs and to make distresses for the same in such sort as he should think most fit and conducing to the benefit and security of those parts In 47 H. 3. there was a presentment by a Jury exhibited to Martin de Litlebury and his fellow Justices Itinerant at Lincolne on the morrow after the Clause of Easter shewing that antiâ—ntly in the time of old Will. de Rumare Earl oâ— Chester it hapned that two men carrying a Corps from Stikeney to Cibecey to be buryed in the Church-yard there drowned it on North dyke Causey Which being told to the said Earl he acquainted the Abbot of Revesby therewith and advertised him that he and his Covent ought at their own proper chardges to repair and maintain the said Causey in consideration of two pieces of ground which he the said Earl had given them to that purpose for ever whereof one was called Heyholme and the other West fewer containing about sixscore Acres and worth by the year vil. And the Jurors farther said that the before-specified Abbot and Covent which then were did receive that land of the gift of the said Earl for the maintenance of the same Causey for ever and that they did accordingly repair it for a long time untill that
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
Jurors then impanelled and sworn viz. that Robert Russel Bayliff to the Abbot of Ramseye Iohn Mayner Walter Halleman and others had forcibly broke down that Dam at Smal lode or Lytle lode and that one Richard Curteys had done the like at Wadyugstowe Whereupon the Shireeve had command to take them all and imprison them untill he should receive farther directions therein In 8 E. 2. the King being informed that the water whereby divers persons of Cambridge Huntendon and Northampton shires passed with Ships and Victual from the parts of Lenne to Welle to the great benefit of all the Country and especially of the Town of Holme situate thereupon was obstructed by certain men dwelling thereabouts he therefore assigned Iohn de Butetort Robert de Maddingle and Walter de Mollesworth to enquire thereof The next ensuing year Geffrey de Colvile Robert de Maddyngle Laurence de Burewelle and Iohn le Corouner were appointed to view the Banks and Sewers upon the Sea-coast lying in Tyd Neuton Leveryngton and Wysebeche as also in some Towns of Marshland and the parts adjacent within the Hundred of Wisebeche which were then in decay and to take order for their repair The like Commission had the said Geffrey Robert and Iohn together with Nich. de Houtone in 9 E. 2. And in 17 E. 2. the King receiving farther information concerning the obstruction of the water of Welstreme at the Town of Welle before-mentioned whereby Merchants and others were hindred from passing with their Ships Boats and other Vessels from the Town of Lenne unto Yakesle Holme and other places lying in the Counties of Huntendon and Norfolk in such sort as they had formerly used to do and as the Commission in 8 E. 2. above-specified importeth constituted Iohn de Mutford Walter de Friskeney and Will. de Gosefeld Commissioners to enquire thereof What they did herein I have not seen but in 3 E. 3. which was not long after there was a Presentment exhibited to the Justices Itinerant sitting at Northampton by the Jurors for several Hundreds in that County importing that wheâ—eas the course of the River Nene had antiently been directly from Peterborough unto the Lenâ—e in Norfolk by which Corn VVoo and other Commodities were carryed to that Haven and from thence Victuall and other necessaries that about xxviii years then past Walter de Langetone Bishop of Coventre and Lichfield and Treasurer to King Edward the first Grandfather to the then King did for the drayning of his Mannour of Coldham situate in a Fenny Soil by his power and greatnesse cause a Dam to be made at Utwell in the said County of Norfolk with earth and sand so that no navigable Vessells could afterwards passe to and from Lenne as they had wont to do to the great damage of the said King and his people aswell of that County as of Norfolk Cambridge Huntendon and Lincoln shires and that the same stop of those waters from descending to Lenne did cause the Lands Meadows Pastures and Marshes of Burrough fen and Thorney fen with divers others adjoyning to be overflowed and drowned to the damage of the men of that County CCCl. per annum and upwards And that Edmund Peverell son and heir to Robert Peverell Brother and heir of the said Bishop then holding the said Mannour did maintain and continue the before-specified Dam but by what Authority they knew not the Shireeve of Norfolke had command therefore to summon the said Edmund to answer thereto Who appearing in person and being required to say what he could for the keeping up of the said Dam alleged that the before-specified Bishop dying seized of the said Mannour Robert Peverell entred into it as his Brother and heir and that after the said Roberts death he the said Edmund entring as his son and heir found that water so damm'd as hath been observed without that that the said Dam was so made as aforesaid by the same Bishop or that he the said Edmund had continued and supported the same to the common damage c. as had been presented and thereupon did put himself upon the Country and so likewise did Richard Adelburgh who prosecuted for the King And therefore because it seemed expedient to the Court aswell for the King as for his people that there should be a verdict from the Country on that behalf aswell by Jurors of those Counties wherein the damage was assigned as by Jurors of Norfolk in which County the said Dam was alleged to be made command was given to the Shireeves of Cambridge Duntendon Lincoln and Northampton shires likewise that each of them should bring xij honest and lawfull men whereby the truth might be the better known to appear before the King three weeks after Michaelmass At which time came Adam de Fyncham the King's Attorney but the said Edmund though solemnly called appeared not whereupon a verdict was taken against him by default Nor did the Shireeves of any of the before-mentioned Counties make return of their said Precepts therefore new writs were issued out unto them to the same purpose as above-said returnable upon the xvth of S. Hillarie then next following At which time came the said Adam and the Shireeves of Norfolk and Northampton who alleged that the Writs were so long in coming to their hands that they could be nothing therein howbeit the Shireeve of Cambridge and Huntendonshire returned the names of Jurors but the Shireeve of Lincolnshire sent no answer Whereupon the King issued out a Precept to Geffrey le Scrope and his fellow Justices of the Pleas before himself to be holden whereby he signified to them that the Inhabitants of Marshland in Norfolke had complained and the men of Suffolk and Cambridgshire who had Lands neer unto those parts had exhibited a Petition to him the said King and his Council shewing that whereas some parts of Marshland together with a great proportion of those Counties was lost and destroyed by the inundation of the Salt waters as also of the fresh by reason that the said waters and Sewers had not their right course And that King Edward the first passing that way and taking notice thereof did by the advice of his Council assign William Howard and some other to make enquiry touching the premisses who by Inquisitions taken before them found that those parts could not be any other way preserved than by stopping of a certain water called Welle dam And whereas for that respect they did ordain the before-specified obstruction thereof to be made and that afterwards it was presented before him the said Geffrey his fellow Justices itinerant in the County of Northampton by the procurement of some persons for their own particular advantage that the same obstruction was made to their damage Whereupon they caused Edmund Peverell to be impleaded for it and proceeded so far therein as that the said Edmund submitted to an Inquisition thereof which Inquisition being to be taken before
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
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
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
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
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
Gutters formerly there were then obstructed and the bridges decayed by means of a certain controversie which had long been betwixt Iohn de Britaine Earl of Richmund and Robert de Grelly touching the metes and bounds of that Fen and through the default of those who ought to have repaired those Sewers Ditches c. the King therefore appointed Iohn Beke and N. Stapleton to enquire thereof c. VVhat was done therein I find not but the next year following the King by the advice of his Justices commanded Iohn Beke N. de Stapilton and Roger Loveday to enquire who ought to repair the Bridge called Peccebrig and the two Bridges in Spalding who finding by Inquisition that the Abbot of Croyland the Prior of Spalding and all men holding lands in Spalding were obliged to the repair of them according to the proportion of land which they held in the said Town so that every acre were assessed alike summoned the Prior of Spalding and all the Free-holders in Spalding to come before them who all of them excepting the Abbot of Crouland appeared and consented for themselves their successors and heirs to repair and maintain those Bridges according to the quantity of their lands that they had there provided that the said Abbot would do the like for his And because the said Abbot absented himself and refused command was given to the Shireeve that he should summon him to appear before the Commissioners before-specified at Boston upon the Eve of S. Laurence At which time he accordingly came and in the presence of Raphe de Hengham I. de Metingham W. de Burenton and Roger de Leicestre agreed for himself and his sâ—ccessors to do as the said Prior had done viz. that they with the consent of the Free-holders of Spalding would repair and maintain those Bridges according to the proportion of their lands in that Town so that every Acre should be assessed alike of the demesnes aswell new as old and of the Villenages And that if any shops or stalls should be built upon the said Bridges all the benefit arising by them should redound to the repair and maintenance of the same In 12 E. 1. Iohn de Wigetost having commenc'd a sute against Iohn the son of Osbert de Swyneheved and divers others for making of Ditches in the said Fen called Haute hundre fen Swyneheved Wyktost Sotterton Algerkirk Kirketon Fraunkton Wyberton and Skyrbek so that he could not drive his Cattel to the said Fen desired license to withdraw his sute which was granted About two years after after this there was a great inundation in these parts at which time the most of Boston was drowned and the Monastery of Spalding suffered much loss The King therefore having advertisement that excessive damage had befallen this Province by the want in repair of the Causey called Holand Causey and by the decay of the Banks Ditches and Sewers in these parts gave special command to Iohn de Vaux and his fellow Justices itinerant in this County of Lincolne that they should search their Rolls and send unto him aswel such Inquisitions as had been made by them touching the repair of that Causey Banks Ditches c. as those which were taken by Martin de Littelbury and his associates Gilbert de Preston and his as also of other Justices itinerant in this County in the time of King Henry the third Who did accordingly which Inquisitions so transmitted as aforesaid did then remain in the custody of Sir Raphe de Hengham upon a certain file of Records of the xxth year of this Kings reign Upon perusal whereof by the Justices of the Common pleas they thought not fit to proceed to judgement nor to cause any distresses to be made because it did not appear by what had been done therein that any of the parties consented thereto but rather that thâ—y were taken in their absence for which respect they deemed it necessary that all such persons as were concern'd in that businesse should appear in Court that the matter might be argued and determined in their presence And because they thought that it would be too much trouble and inconvenience for so great a number of people to appear before the King wheresoever he might then be in this Realm and therefore that it might be better to have the same â—iscussed in these parts the said King did by the advice of those his Justicâ—s itinerant direct his precept unto Iohn Beek Nicholas de Stapilton and Roger Loveday that they should enquire who ought to repair those Banks Ditches and Bridges and to distrain them thereto Who accordingly making Inquisition first concerning the bridge called Pekkebrig and then of the two bridges in Spaldyng and finding that the Abbot of Crouland the Prior of Spalding and all the Land-holâ—ers in Spalding were obliged to those repairs according to the proportion of land which each man had in that Town so that every acre were alike did thâ—reupon summon the said Prior of Spalding and the whole number of the free-holders in that Town All which excepting the said Abbot appeared and agreed for themselves their successors and heirs to repair and maintain those Bridges according to the quantity of their lands in that Town though the said Abbot would not consent thereto for his portion And because the said Abbot did absent himself and refused the Shireeve had command to give him special summons to appear at Boston upon the Eve of S. Laurence at which tune he came thither before the said Commissionersâ— and in their presence as also in the presence of Raphe de Hengham I. de Metingham W. de Brumpton and Roger de Leycestre accorded for himself and his successors that they with the assistance of the Inhabitants of Spalding would repair and maintain the said Bridges according to the proportion of land which each of them had in that Town so that every acre might be assessed alike of the demesnes aswell old as new and of those held in Villenage and that if any shops or stalls should be built or planted upon those bridges all the profit arising thereby to be imployed in their repair In 15 E. 1. W. de Carleton and Will. de Candlesby were constituted Commissioners to enquire through whose default the Sea-banks in this Province were in decay and so consequently broken by the violence of the tides to the great damage of the Inhabitants much of their low grounds being thereby drowned And by an Inquisition taken at Scoft near Trokenhou before Simon de Ellesworth and his fellow Justices upon Monday next after the feast of the Epiphany in the xxiith year of the reign of the said K. Ed. the first it was found that the Towns of Tid and Sutton in this Province of Hoiland in Lincolnshire and of Tid Neuton and Leverington in the County of Cambridge could not be preserved except the fresh water of Scoft neer Trokenhou were restrained unto the bredth of four foot and
betwixt the Crosse at Wolmerstye and Tyd bridge In 4 E. 3. to the said Iohn de la Gutere William de Ros of Hamlake Iohn de Multon Parson of Skirbek and Will. de Farford for those betwixt Wrangel haven and Boston and in 5 E. 3. to Robert de Malbethorpe Geffrey de Edenham Will. de la Lound and William de Poynton for those upon the Sea coast betwixt Kesteven and Holand In 7 E. 3. the King directing his Precept unto Geffrey le Scrope and his fellow Justices of the Pleas before himself to be holden signified unto them that whereas by an Inquisition then lately taken before Robert de Malberthorpe and his associates Commissioners for the view of the Banks Ditches Gutters Sewers Bridges Causeys and Floud-gates in the parts of Kestevene and Holand it was found that the Prior of the Chapel of S. Saviours ought to repair and maintain the Causey called Holand brigg and thirty Bridges upon the same according to certain boundaries and limits and that they the said Justices at the sute of him the said Prior affirming that he ought not to be charged with the said repairs the said King caused the Record Process of the said Inquisition to be brought before him And that afterwards by the Petition of the said Prior exhibited to him the said King and his Council in the Parliament held at Yorke setting forth that upon their giving Judgement afterwards in that businesse there hapning a manifest error therein to the no little damage of the said Prior he the said King caused the Record and Processe thereof to be brought before him and that upon perusing the same it clearly appeared that one Godwine a rich Citizen of Lincolne founder of that house of S. Saviours gave the site of that Monastery and certain other lands to the Canons of Sempryngham there residing to the intent that the profits thereof should be expended to the glory of S. Saviour and the brethren there serving God and the surplusage imployed in the repair of the before-specified bridge And that upon their giving judgement therein as aforesaid there was an errour because by the Charter of Foundation before-mentioned the maintenance of the said Prior and his brethren was first provided for and the surplusage only assigned for the repair of the said Causey but by that their judgement they had put the maintenance of the said Prior and his brethren in the last place which ought to have been in the first The King therefore for the rectifying thereof commanded the said Geffrey le Scrope and his fellow Justices to look upon the Record before expressed and cause it to be amended and to inform him both of the value of the lands so given to that Monastery by the said Founder and of some way whereby the repair of that Causey might be ascertained and lastly to supersede the distraining of the said Prior for that respect whilst the businesse was thus undetermined In 11 E. 3. Sir Richard de Roos Knight Will. de la Launde Will. de Poynton Laurence de Leeke Thoma Levelaunce and Will. de Thorpe were constituted Commissioners for the view and repair of those Banks and Sewers betwixt the Crosse of Wolmersty and the bridge at Tid And in 13 E. 3. Roger de Cobledyk Roger the Parson of Framton Lambert de Hiptoft and Iohn de Polincroft for those in the Wapentake of Kirketon Mâ—morandum that in the year of our Lord MCCCxlij 16 E. 3. the Abbot of Swinâ—sheved and Sir Nicholas de Ry Knight did implead the Abbot of Peterborough for CCCxl acres of marsh with the appurtâ—nances in Gosberchirche viz. the Abbot of Swinesheved for CC. and Sir Nicholas for Cxl. by two Writs And the first day of the Assises at Lincolne was on Wednesday bâ—ing the morrow after the Feast of S. Peter ad vincula at which time there camâ— thither Gilbert de Stanford then Celerer to the Covent Iohn de Achirche Bayliff of the said Abbots Mannours together with Sir Iohn de Wilughby Lord of Eresby Sir Iohn de Kirketon and Sir Saier de Rocheford Knights Iohn de Multon Parson of Skirbek as also divers others of the said Abbots Counsel And because the defence of this sute seemed difficult and costly to the Abbot in regard that his advâ—rsaries had privately and subtilly made the whole Country against him especially the Wapentake of Kirketon he submitted to an amicable Treaty of peace on the day preceding the Assise the place of their meeting being in the Chapter-house of Lincolne At which Treaty in the presence of Sir Nicholas de Cantilupe who was the principal Mediator betwixt them as a friend to both sides and other Knights and friends above-specified the said Abbot of Swynesheved and Nicholas de Ry did set forth their claim in that Marsh affirming that it did belong to them of right by the Custome of the Country because that it was increased and grown to their own antient Marshes by addition of sand which the Sea had by it's flowings cast up insomuch as by that means coming to be firm land they said that they ought to enjoy it as far as Saltenee and in regard that the said Abbot of Peterborough had possessed himself thereof contrary to right and against the said Custome they had brought the Assise of Novell disseisin in form aforesaid Whereunto the Counsel for the Abbot of Peterborough answered that the Custome of this province of Holand so stated by the Plantiffs ought thus to be understood and qualified viz. that when by such addition of any silt or sand there should happen an increase of land and by the Seas leaving thereof become firm ground it ought to belong unto him to whose firm and solid ground it first joyned it self without any respect whether it grew directly to it or at one side And they farther said that the before-specified Marsh did originally joyn it self to the antient Marsh of the said Abbot of Peterborough whereof that Monastery had been seized time beyond memory as it appeareth by Domesday book where it is recorded that the Abbot of Peterborough had xvi Salt pans in Donington Moreover in the Charter of King Richard the first there were confirmed to the said Abbot three Caâ—ucates of land with the Salt pans and Pastures and all their appurtenances in Holand So that the said soil increasing by little and little ought not to belong unto the Abbot of Swinesheved and Sir Nicholas according to the Custome of the Countrey because that a certain part of Salten Ee which was not then dry land did lye betwixt the old Marsh belonging to the said Abbot of Swinesheved and Sir Nicholas and the Marsh whereof they pretended so to be disseised Which part of Salten Ee could not at all be drayned because that the fresh waters had used to run through that place from the parts of Kesteven to the Sea untill Geffrey Abbot of Peterborough Predecessor to the then
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
the very point questioned as also the continued practice of antient and latter times and likewise the opinion in writing of the Lord Chief Justice Popham upon the Questions touching the Authority and power of the said Commission viz. first whether the said Commissioners have Authority to cause new Banks Draynsâ— or Sluces to be made whâ—re none have been before Secondly whether they may lay a Tax upon any Hundred Town or the Inhabitants thereof in general and not impose it upon every particular man according to the â—uantity of his land or Common Thirdly whether they may commit to prison such as disobey their Orders c. and Fourthly whether that Actions of false Imprisonment Trespass and other Proces at the Common law have been brought against the Commissioners or their Officers for executing their Decrees Orders c. Their Lordships finding in their wisdomes that it can neither stand with Law nor Common sense that in a case of so great consequence the Law can be void of providence to restrain the Commissioners in making new works aswell to stop the fury of the waters as to repair the old where necessity requireth it for the safety of the Countrey or to raise a charge upon the Towns or Hundreds in general which are interessed in the benefit or loss with attending a particular admesurement of Acres where the service is to be speedy c. Or that a Commission of so high consequence to the Common-wealth and of so antient Jurisdiction both before the Statute and since should want means of coercion for obedience to their Orders c. whereas upon the performance of them the preservation of thousands of his Majesties Subjects their lands goods and lives doth depend and plainly perceiving that it will be a direct frustrating and overthrow to the Authority of the said Commission if the Commissioners c. shall be subject to every sute at the pleasure of the Delinquent c. Their Lordships ordered that the persons formerly committed by that Board for their contempts concerning this cause should stand committed untill they release or discharge such their Actions c. Saving nevertheless any complaint or sute for any oppression or grievance before the Court of Sewers or before the said Council board if they receive not Justice at the said Commissioners hands And that Letters be written to the Commissioners to proceed in their several Commissions c. And in pursuance of this general work the said Lords of his Majesties Council sitting at White Hall the ixth of May then next following orderd 1. That a Sluse must necessarily be made at the out-fall of Wisbeche River into the Sea at the charge aswell of the high-Countries as the low to be rated by the Commissioners of Sewers 2. That the River of Wisbeche and all the branches of Nene and Westwater â— be clensed and made in bredth and depth as much as by antient Record it shall appear they have been or where that cannot appear at the discretion of the Commissioners 3. That Weland be also scoured c. from the out-fall to Waldram Hall at the particular charge of the owners and their Tenants As also the River of South Ea from Crouland to Guy hirne by those that of right ought to do it and that till that be done Clows crosse drayn shall run 4. And that things to be farther done therein be referred to a new Commission of Sewers to be procured at the indifferent charge of the Countries therein mentioned After this viz. upon the xth of September the â—ame year in a Session of Sewers held at Wisebeche before Francis Lord Russell and other his Majesties Commissioners it was inter alia ordered That London lode should be dam'd up at Welle-Causey and that Popham Ea be made a perfect Sewer with Banks on both sides according to a former law for height bredth and strength and so continued for ever And that so much charge as the charge of the Banks on both sides of London lode and of the lode it self whereof they are dischardged by this Order shall be imployed upon the making and maintaining of the Banks and Sewers of Popham Ea the same to be rated by the Commissioners of Sewers And that the said Commissioners shall also consider what charge is to be imposed on those who by the old law were chargable towards Small lode and to allow the same upon Popham Ea c. Whereupon Sir Henry Hobart Knight then Lord Chief Justice of the Common Pleas being then advised with and likewise assisted by divers of the Commissioners of Sewers delivered his opinion touching this Drain called Smal lode as followeth viz. 1. That it is an old forsaken Sewer not known within the memory of man to have been in use and so grown up that the very tract thereof is not in many places discernable and that it is also uncertain whether the proper out-fall thereof should be towards the Ouse as an exemplyed Law of 39. Eliz. appointeth it or to Wisbeche River as some Presentments much more antient do declare it 2. That the scouring thereof hath antiently belonged to the owners of lands adjoyning now pertaining to Sinolphus Bell Esquire and others but for the reasons aforesaid not put in charge till the said Law of 39. Eliz. ordaining it to be opened and to have its fall by the new Powdich into Ouse 3. That by a Law made ix Iac. grounded upon a view and open debate in Sessions it was ordained to be dam'd up as unnecessary 4. That Popham Ea though a new Sewer is of such use in respect of its largeness and situation that it alone sufficeth as many think both to discharge the waters descending thither from the high Countries and those also of the grounds drayned by London lode that there is no use of this Smal lode 5. That therefore those lands adjoyning which belong to the said Sinolphus Bell and others be discharged from its repair c. Reasons confirming this opinion So long as the outfall of Wisbeche had its perfect being the whole River of Ouse had there its perfect outfall from whence the Town seemeth to have taken the denomination viz. Ouse or Wisebeche Thither then came the first Branch of Ouse from Erith by the course now callâ—d the West water to Benwick where meeting with a part of Nene which then was very small the greatest passage being in those days by Crouland South Ea Wride stream and other Courses about Thorney fell together by Great Crosse or Plant-water to the North Seas at Wisbeche The other part at Ouse being the second Branch fell down from Eryth to Harrymere and there meeting with the River Grant from Cambridge passed so united to Ely thence to Litleport Chair and so by Welney and Welle to the said North Seas at Wisbeche where it met with the former Branch from Benwick Then as it seemeth there was no River between Litleport Chair and Rebbech which is a
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