Up-were on the West Wickynhie grounds on the South and of Soham East 4297 The Fens and low grounds between Grant from Upwere to Clay hithe and Horningsey high grounds on the West the way from Quoy to Eambridge and Quoy and Bottesham high grounds on the Southâ— the two Swafhams Reach Burwell Lanward and Fordham on the East and of Soham and Wickin North 11950 The Fens between the high grounds of Teversham and Hinton West of Fulburne South of great and little Wilbram East of Bottesham and Quoy North 1240 Between Grant from Harrymere to Ditton on the East of Ouse from Harrymere to Aldrich bridg on the North Hempsall Yram and the high grounds of Rampton West and the high grounds of Cottenham and Denney Abby South 9480 Hempsall and Ireham East of Aldrich Causey 823 The low grounds from St. Ives to Erith bridge on the South the Fens of Willingham and Over on the East the high grounds of Swasey Drayton and Stanton on the South and the high grounds of St. Ives West 3529 The low grounds below St. Ives on the North side of Ouse between the said River on the South and East and the high land of Bluntesham Hallywell and St. Ives on the North and West 1871 The total sum 307242 Acres Whereupon the said Commissioners sitting at Wisebeche aforesaid upon the day and year aforesaid the Lord chief-Chief-Justice Popham being then and there present made certain Laws and Ordinances the extract whereof is as followeth Ordered first that Sir Iohn Popham Knight Lord Chief Justice of England Sir Thomas Fleming Knight Chief Baron of the Exchequer Sir William Rumney Knight Alderman of London and Iohn Eldred Citizen and Cloth-worker of London their heirs and assigns shall within the space of 7 years next coming at their own proper costs and charges drayn all the Fens and surrounded grounds between the old course of the River of Ouse as it now runneth from Erith bridg to Salters lode and Deping and within the land Eas hereafter mentioned And convey the said River of Ouse or the greatest part thereof from some place at or neer Erith bridg aforesaid unto such place between Salters lode and Mayden lode as the said Undertakers c. shall think meet Which conveyance to be made between the bottom of the two uttermost Banks 30 pole at the least and the Rivers to be 30 foot wide and 8 foot deep And the same utmost Banks to be each of them 30 foot wide at the bottome and 7 foot in height at the least and if that height will not do to carry away the water c. then to raise them higher That the like passage be made at the entrance of the Fens neer Peterborough for the conveyance of the River Nene from thence to Wisbeche And so likewise for the River of Weland from its entrance into the Fens at Waldram Hall untill it meet with Glen That Land-Eas from Erith to Stanground and thence to Waldram hall be made to defend the grounds within them and between the said new passage of Ouse and Weland from the Land flouds falling from the Upland-Countreys which Land eas to be from the utmost part of the Fence dike 6 pole at least That a drayn be made from Salters lode unto the Ham in March River to carry away the water which shall fall into the same Land eas c. That a new Bank be made from Erith bridg to Ely to defend the grounds between that and the same new passages from the overflowing of Ouse As also other necessary Sluses and Drayns within the precincts before-mentioned with Bridges c. for passage c. That the Undertakers shall have such sums of money as the Commissioners at their Session shall think fit from those persons who shall take benefit by this drayning and not contribute part of their Lands towards the charge thereof That the Undertakers shall allow for the drayn at Clows Crosse in ease of this charge to the Countrey That a Navigable Sluse be made at Salters lode And that Well-Creeke shall be inlarged and diked to London lode and thence through Neatmore to Wadingstowe and thence over the River of Wellenhee as directly as may be unto or above the Ham in March River And a Sluse with a bridg to be made at Wadingstow to keep so much of the River Neene as shall be needfull in its old course through both the Towns of Welle In recompence of which performance the said Undertakers to have one hundred and thirty thousand Acres of statute measure of Fen grounds at fivescore to the hundred to be taken out of the worst sort of every particular Fen proportionably by the Commissioners before the Feast of the Annunciation of our Lady next coming the whole number of surrounded Acres being 307242. And that the Undertakers their heirs c. shall enjoy all the said waters Fishings and Banks of and within the Rivers with the Indikes and Land-Eas and liberty to take sufficient menure for the repairing of the said Banks c. which Rivers Banks Indikes c. to be accounted parcell of the said 130000 Acres so assigned to them And that the said Undertakers shall make good all drowned parcells out of their own proportions or in value in case the drayning be not made perfect to the Land-owners Of which quick dispatch his Majesty being advertised he wrote to them again from Theobalds upon the xxiiith of the same Month of Iuly by which Letters he commended their endeavours in the work and progress made therein and taking notice of some opposition which had been made by certain people thereto not knowing out of what spirit it proceeded desired them to take special care to suppress the spreading of all false rumours that might give distast to the Countrey touching their proceedings therein and with those who were then imployed by his Majesty in that service as also to examine the grounds of all such rumors and to punish the Offenders giving advertisement to his Majesty and the Councel of any mutinous speeches which might be raised concerning this business so generally intended for the publick good Shortly after this viz. upon Monday Aug. 5th Mr. Hunt Ric. Atkyns and others laid out the ground where the River through Neatmore should go by a straight line to Mumbes dikes end but misliking the way on Tuesday they veiwed New ditch and in the Northeast end thereof by the Pow dich laid out the Ditch to be led line-right from thence to the Cross at Upwell Towns end And upon Wednesday about 8 of the Clock the work began in the presence of Mr. Hunt who cast the first spit the wrong way Mr. Helon Mr. Totnall Mr. Hamon Mr. Iohn Fyncham Mr. Richard Atkyns and others And was prosecuted so well as that upon the xxith of December following being the Feast day of S. Thomas the Apostle the Bank at the Cross at Upwell towns end was opened and the River
Passelewe and the said Simon sold them to one Cecelie de Lancaster And she the said Cecelie granted the said whole Lordship together with the Rents and services before mentioned to the Church of S. Leonard of Stratford and to the Nunns there serving God to hold in pure Alms And so the said Prioresse then had and possessâ—d the said Lordship together with the Rent and service aforesaid And she farther alleged that the said Robert le Ku whilst he lived and held those Lands and Hope alway repaired that Bank And after his decease the said Bank and Hope descended to Ioane his daughter and heir who was wedded to one Will. de Rokesle in whose time all the said Hope by a great inundation of the Thames was wholly destroyed and drowned And the said William then considering that the chardge of repairing of that Bank would much exceed the profit of the said Tenement wholly relinquisht all that Tenement and would not meddle any more with the said Bank and so the said Bank lyes unrepaired And she alleged moreover that the said Prioresse only received of her Tenants of those lands in that Marsh of the said Fee of Covele a certain Rent of xiiijs. over and above the service due and accustomed to the said Iohn de Handlo then chief Lord of that Fee and that she was ready according to the quantity of that Rent to contribute to the repair of that bank and therfore required justice to be done to her in the premisses And hereupon came the Abbot of Stratford by his Bayliff as also Iohn de Brumpton and Thomas le Bret in their proper persons and as Tenants of the lands in the said Marsh lying within the danger of the same bank alleged that the said Prioresse did unjustly prosecute that Writ forasmuch as she thereby endeavoured to excuse her self from the repair of the same Bank and to lay the burthen thereof upon the said Abbot and others They also alleg'd that the said Prioresse and all her Predecessors from the time that the said Lordship of the Fee of Covele came to their hands did use till that very time to make and repair the said Bank and that as often as they refused so to do they were ever thereto compelled and this they said they were ready to prove whereupon they required judgement And the said Prioresse saying as she did before added that forasmuch as she had been thus disquieted and molested by grievous and intolerable distresses she then did complain and brought her action and as before she did so she still required remedy acccording to the Precept of the said King Whereupon the said Justices having heard her complaint in this businesse and having respect to the said Kings Precept were willing to enquire and be informed touching the premisses and therfore yielded that an Inquision should be taken which was accordingly done by the said Iohn de Dakenham and his fellow Jurors who said upon their Oaths that there had been time out of mind and then were certain Lordships in the Town of Westhamme viz. the Lordship of Handlo the Lordship of Lancastre the Lordship of Placetz and the Lordship of the Prioresse of Stratford and that antiently all the Lords of those Lordships met together and agreed amongst themselves that each Lord should have a certain part of the Bank of Thames belonging to his Lordship And they said that to the Lordship of the said Prioresse there was assigned a certain parcell of that Bank now called Priores-Wall and that the said Prioresse was obliged to make and repair the same Bank at her own proper chardges in such sort as the other Lords before-specified are theirs And they said farther that the defects then in that Bank might be made good for Cs. And the said Prioresse having heard the verdict of the said Jurors alleged that they had not in any thing made answer to what they had in chardge Whereupon she required that they might make a further answer And therefore because the said Justices were not satisfied that the above-mentioned verdict was sufficient for them to ground any judgement upon by the tenor of their Commission they appointed that the said Jurors should appear before them again and have a new chardge for a better enquiry Whereupon they the said Jurors together with Nicholas le Forestere Richard le Saltere c. also sworn and associated with them came and said upon their Oaths that the said Iohn de Covele long ago viz. in the time of King Henry the third held xliij Acres and a half of Land in the marsh of West Hamme together with the said Bank now called Prioreswall which was then called Coueles-wall as also with a Hope adjoyning which Land and Hope were then wholly chardged with the making and repair of the said Bank And that afterwards the said Iohn long before the Statute of Quia emptores terraram c. being so seized demised all the said Land particularly to divers Tenants to be held of him the said Iohn and his heirs by certain services to be performed to him and his heirs for ever and that then he reserved to himself the said Bank and Hope together with the chardges of the same Bank and that he afterwards dimised the said Bank and Hope to one Robert de Ku to hold for ever because that the said Hope did then afford Pasturage for ten Kine yearly in Summer time And that afterwards the said Iohn did totally alienate all those his services together with all his Fee and Lordship of all his Tenants and their Tenements unto one Simon de Passelewe And that afterwards by divers alienations so made from hand to hand the same services with the whole Fee and Lordship aforesaid came to the hands of the said Prioresse who did then enjoy the said services and so likewise the said Fee and service of all that Land And they farther said that the before-specified Robert le Ku whilst he held the said Banks and Hope did undergo the chardge of the said Bank all his time as aforesaid And that after his decease the said Bank and Hope came to the hands of one William de Rokeslee and Ioane his wife daughter and heir of the said Robert in whose time by reason of an extraordinary floud of the Thames it was much spoiled and almost drowned so that the said William and Ioane considering the chardge of the Bank to be great and that they should not for the future receive any more benefit of the said Hope forasmuch as there was little of it left they wholly relinquished the said Bank and rendred it into the hands of the same Prioresse then Lady of that Fee as aforesaid And hereupon the said Jurors being asked whether any part of the Hope did then remain or not they answered that there did not And being farther asked who were then the Tenants of the said Lands which had so belonged formerly unto the said Iohn de Covele and they said that Iohn
Will. Gascoigne Will. Thirnyng Iohn Cokayn and Robert Tirwhit for those betwixt Stratford atte Bowe and Reynham In 8 H. 5. to Richard Baynard Will. Cheyne Richard Rede and Iohn Cornewailles for those betwixt Stretford atte Bowe and Stretford Langthorn on the South part the Road between those Towns and the River of Thames By both which Commissions they were to act according to the Law and Custome of this Realm In 17 H. 6. to Iohn Bishop of Bathe and Welles Sir Raphe Crumwell Knight Iohn Fraye Nich. Dykson and others for those from Stratford atte Bowe to Horndone thence to Hokley and thence to Tollesâ—ery and Wybergh with power to make Laws and Statutes c. according to those of Romeney marsh and to do all things touching the same repairs according to the Law and Custome of that Marsh As also to imprest so many labourers c. for competent wages as should be needful for that work c. In 18 H. 6. to Sir Raphe Crumwell Knight Iohn Fray Robert Rollestone Clâ—rk and others for all those betwixt the town of Ware and the River of Thames upon the River of Leye In 26 H. 6. to Peter Arden one of the Justices of the Common Pleas and chief Baron of the Exchequer Sir Thomas Tyrell and Sir Maurice Bruyn Knights Iohn Bamburgh Iohn Lymyngton and others for those betwixt Portflete mylle to Reynham flete thence to Reynham Church thence to Wenyngton Church thence to the messuage of Thomas Bernerde and thence to Portflete mylle before mentioned In 30 H. 6. to the Abbot of S. Osithes Iohn Godmanston Esquire Iohn Grene Robert Tanfield and others for those in the Hundred of Tenderyng In 33 H. 6. to Sir Thomas Tyrell Knight Will. Notyngham Robert Heworth Will. Tyrell Esquire Mathew Hay Esquire and Will. Pert for those betwixt S. Katherines Chapel upon Bowe bridge in the Parish of West Hamme unto Est Tilbury In 34 H. 6. to Sir Thomas Tyrell Knight Will. Tyrell junior Esquire Iohn Grene Iohn Geney and others for those within the limits of Stratford atte Bowe to Horndone thence to Hokley and thence to Tollesâ—ery and Wyggeberghe In 1 E. 4. to Will. Notyngham Rob. de Heyworth Thomas Heytone Walter Wretille Esquire and Will. Pert Esquire for those from the Mill called Tempylmylle to the Chapel of S. Katherine upon Bolwebrigge thence to Horndone c. as in the last In 9 E. 4. to Sir Will. Tyrell Knight Thomas Urswyk Humfrey Sterkey and others for those Banks from Est Hamme to Horndone and thence as aforâ—said The like Commission for the Banks in those very places had Iohn Earl of Oxford Sir Will. Tyrell Knight Iohn Grene Thomas Urswyk and others in 49 H. 6. In 16 E. 4. Sir Thomas Urswyk Knight Sir Thomas Montgomerie Knight Sir Iohn Say Knight Iohn Elryngton Will. Alyngton and divers others were appointed to view and take order for the repair of all the Banks c. upon the River of Leye both above and below the Town of Ware unto it's confluence with the Thames And the next year following the said Sir Thomas Urswyk Peter Courtney Clerk Alured Corneburgh Esquire Hugh Bryce and others were in like sort appointed for those Banks from Bowe-bridge to Raynham In all which from 6 H. 6. the said Commissioners were directed to proceed according to the Law and Custome of Romeney marsh and to make Statutes and Ordinances for the regulating of all things touching those Banks Ditches Sewers c. in such sort as those are which concern that Marsh as by an Act of Parliament made in the same 6th year of King Henry the sixth they were impowred which Act continueth in force at this day Forbearing therefore to give instance in more particulars I shall cloze up this Chapter touching the Marshes of the before-specified County with what I have met with touching the levell of Havering and Dagenham at a Session of Sewers held at Romford xvi Maii 36 Eliz. before Sir Henry Gray Knight Sir Iohn Peter Knight Richard Warren Esquire and others where for the recovery of Havering marsh then overflown and drowned and preventing the like to Dagenham levell it was decreed that Dagenham Creek should be immediately inned and that whereas the said drowning had been occasioned by a breach in the wall of Will. Ayloff of Hornchurch Esquire he the said William to pay the summ of â—ive hundred pounds and the Land-holdâ—rs of Dagenham certain rates by the Acre for all their marsh grounds lying in the said levell viz. the Lands on Dagenham side against the said Creeks at CCLxvl. and the Lands in Havering levell the summ of DCCl Howbeit these Banks being not made strong enough to withstand those tempestuous storms and violent tides which hapned in the month of September An. 1621. viz. 19. Iac. Cornelius Vermuden Gentleman an expert man in the Art of banking and drayning being treated withall by the Commissioners of Sewers appointed for the view and repair of the breaches then made undertook the work and pâ—rfected it but such being the perversnesse of those as were owners of the Lands assessed by the Commissioners â—o undergo the chardge thereof that they neglected to pay their proportions thereof upon complaint therefore made to the said Commissioners he the said Cornelius in recompence of his chardges had parcell of the said Lands assigned unto him which assignation was by the Kings Letters Patents bearing date 1º Aug. 1º Caroli reciting the Act of Parliament of 13 Eliz. cap. ix viz. that where any person should be assessed by the Commissioners of Sewers to any lot and refuse or neglect to pay the same the Land to be leased or past in fee simple in recompence to the undertaker confirm'd to him the said Cornelius and his heirs CAP. XVIII HAving now done with the Marshes in Essex of which by reason of their adjacency unto the Thames I thought fit to take notice in this order as I have done I must according to my designed method return Southward and before I come to Sussex of it self observe what I have found touching that County and Kent promiscuously In King Iohn's time upon a sute betwixt the Archbishop of Canterbury Prior of Lewes Plantiffs and Rob. de Denton and others concerning certain Sea-banks in those parts Robert de Marti who was one summoned upon that businesse appeared and did put himself upon the men of the Archbishop in Mauling of the Earl Warren in Pidingho and Metinges for the repair of those banks in such sort as they ought and had wont to be A multitude of Commissions through the reigns of sundry Kings I do find upon this occasion whereof the most are in general terms for the view and repair of the Banks Ditches and Sewâ—rs in both those Counties but some do expresse particularly in what places unto all which I shall briefly point according to the
Abbot did for the better drayning of the Province of Holand by his deed indented grant unto the said Country a certain Sewer directly running to the Sea through his own land by which means though the antient Sewer in another place became lesse than it had wont to be by reason of the non-usage thereof from the time that the said new Sewer was granted neverthelesse it remained at that time sufficiently open and the Sea did flow and eb by it and therefore it served sufficiently for a division because that antiently by the current of the fresh water as aforesaid and the checking thereof by the Sea which continued till that day it could neither be drayned or stopt And that beyond that boundary the said Abbot of Swynesheved and Sir Nicholas could not by the Custome of the Country for the reason aforesaid claim or chalenge any thing But at length after divers arguments to and fro therein used it was concluded that xij trusty men aswell Knights as others should be made choice of six on one side and six on the other to view the place in question at Michaelmasse then next following and make a final determination therein Whereupon the tryal at that Assizes was stopped and at the day appointed the said Abbot of Peterborough came himself in person to Gosbercherche together with Sir Iohn de Wylughby and other of his friends and Counsel And so likewise did the Abbot of Swynesheved but Sir Nicholas de Ry sent his Attorney Where the xij persons so chosen did take a view of the ground but not agreeing they departed without making any conclusion therein In order therefore to a legal tryal of the businesse in dispute the Justices of Assize appointed to sit again at Lincolne upon Saturday being the Feast of S. Thomas the Apostle At which time the before-specified Gilbert de Stanford and Iohn de Achirche together with Sir Iohn de Wylughby and others on the behalf of the said Abbot of Peterborough came thither But the adverse party having in the mean time obtained a new Assize being called upon the first Writs did not prosecute so that they were amerc'd the reason why they durst not then prosecute being because they could not have a full Jury out of the Wapentake of Kirketon of those whom they had laboured For Sir William Franc the then Shireeve of this County had at the special instance of Sir Iohn Wylughby and for xxl. which he had given him returned xviij of the most trusty men and of the best account within the three Wapentakes of this Province viz. Ellow Skyrbek and Kirketon who were essoyned upon the second Writs And upon the third Writ the principal persons of the said three VVapentakes were returned by Iohn de Hundon then Shireeve for ten Marks which he had given him Neverthelesse some of the said Abbot of Peterborough's Counsel excepted against those second VVrits because they were obtained whilst the first depended and the land in question put in view and therefore they desired that those their exceptions might be recorded protesting that they would more fully urge that exception upon the second day of the said Assizes they not being able to do it on that day because their adversaries had a day by Essoin and they desired that the panell upon the first VVrit might be reserved whereby it might appear whether the lands which were then enjoyed by those VVrits were put in view by the former VVrit others moving the contrary viz. that the said panell might be made void and no prosecution thereupon Besides the form of those VVrits was excepted against by reason of the privilege which the said Abbot of Peterborough had by the Charters belonging to that Monastery because that the said Tenements put in view were parcell of their Mannour of Gosbercherche and that chiefly by the words of King Henry's Charter Quicquid Vicecomes c. But it then hapned that through the mediation of Sir Adam de Welles there was another day of reference appointed to be at Lincolne aforesaid upon Thursday next after the Feast of the Epiphany then next following At which time the said Abbot of Peterborough's Officers together with Sir Iohn de Wylughby and the rest before-mentioned came howbeit after many disputes they went away without making any accord so that then there was a third day appointed for the Assize viz. the Thursday next after the Feast of S. Gregory at Lincolne aforesaid But in the interim it so falling out that the Abbot of Swynesheved having for the repairing of all his Mill-pool at Casterton digg'd farther upon the Abbot of Peterborough's ground at Ingethorpe than he had power to do by that liberty which had been antiently granted to him by composition the said Abbot of Peterborough brought an Assize of Novell disseisin against him in the County of Roteland At the day of which Asizes came the said Abbot of Swinesheved with five of his Monks and others of his Counsel where through the mediation of Mr. Alexander de Ounesby Rector of the Church at Castreton all differences betwixt the parties before-mentioned were concluded the Abbot and Covent of Swinesheved being to release all their interest in the said Marsh and the Abbot and Covent of Peterborough to give license to the said Abbot and Covent of Swynesheved to repair their pool at Castreton as often as occasion should require and also xl Marks in mony by way of agreement for avoiding of any farther trouble and chardge for the future And the said Abbot and Covent of Swynesheved did thereupon remit all their claim whereunto they had any pretrence in the said Marsh for ever All which was perfected by deeds indented betwixt them And on the morrow before the Assizes so appointed as abovesaid came the said Gilbert and Iohn on the behalf of the Abbot of Peterborough where upon treaty betwixt them and the said Sir Nich. de Rye six persons were chosen to arbitrate the business viz. on the part of the same Sir Nich. Sir Rob. de Colevill Lord of Bytham and Sir Philip le Despenser Kts and Iohn Cleymunt And on the behalf of the Abbot Sir Iohn de Wilughby and Sir Iohn de Kyrketon Knights and Henry Grene who awarded that the said Abbot should give to Sir Nicholas xll. and he thereupon to remise for himself and his heirs all his right claim in that Marsh. And as to the future increase of ground which might happen to either party that it should be enjoyed by him to whose land it did lye most contiguous Whereupon a day was assigned for writings to be made betwixt them for ratifying of this award viz. the Monday after Palm-Sunday At which time meeting at Gosbercherche where discerning that the said VVritings did expresse the said Marsh to be the right of the above-mentioned Abby the said Sir Nicholas fearing that in case he did seal them he might be indicted of conspiracy for pleading both falsly and unjustly the businesse was respited till
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
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
common Forland as before that time had been used upon which such carriages as should be necessary for the repair maintenance or making of those Walls might without impediment be made And likewise the said Jurors being in form aforesaid sworn did severally say that the Land-holders in the said Marsh called the Becard who ought to pay and contribute to the repair and maintenance of the Banks within those limits except before excepted had not any way by which they might go ride or drive to that Marsh nor from it except over other mens Lands or upon the Banks or Forland leading thence to and from the said Marsh. And they said that according to the Custome of the Marsh-law there in all such cases before that time used the Tenants of that Land at their pleasure might go ride and drive to and fro to the said Marsh and from the said Marsh over and upon the Forland of the Banks leading to the said Marsh and from the same And as to the number of Acres or partition of the Lands and Marshes c. within those limits except before excepted or of the certainty of the Land-holders and how much land every such Tenant had or held of the said Lands and Marshes within the said limits except before excepted the said Jurors did severally present the certainty thereupon according to the form and as it was contained in the Books of Sewers within those limits except before excepted then exhibited before the said Justices And thereupon the said Iohn Fogge Iohn Scotte and others to the number of eight of the said Justices forasmuch as upon their said view and inquisitions aforesaid made and taken in form aforesaid it evidently appeared to them that the said Lands and Marshes within those limits except before excepted were lyable to the danger of drowning by default in repâ—ir and maintenance of those Banks whereupon in short time inestimable damage might accrue unless a fitting remedy in that behalf were the sooner had and that all the Lands and Marshes within those limits except before excepted might very well be preserved and defended by the repair and support of those Banks and by the making of Sewers Ditches and Gutters in those Marshes from the danger of the Sea and the flouds of fresh waters to the great commodity of all the Landholders within those precincts except before excepted and that in default of such repair and support of those Banks and every of them all the lands and Marshes those excepted as aforesaid would be in peril of the Sea and easily overwhelmed to the inestimable losse of all the Landholders there whereby all those Tenants except before excepted ought equally to contribute to the cost and chardge of such repair and maintenance for the safeguard and defence of their lands and Marshes there from this peril and inundation viz. every one of them according to the proportion of what he held as his number of Acres and Perches of land there as in the said Marsh of Romeney according to the Ordinances Statutes and Customes thereof had and to that time used in the like case there had wont and ought to be done Considering besides that the said lands and Marshes lying within those limits except before excepted were never before setled under any certain and fit Statutes or Ordinances by any Authority for their secure defence and preservation And moreover forasmuch as the said King desiring seasonably to provide for the safeguard of this his Realm and chiefly for those parts upon the Sea-coasts in his Parliament held at Westminster the sixth of October in the xijth year of his reign and by divers prorogations continued till the first day of May in the xiiijth year thereof by the assent of the Lords Spiritual and Temporal sitting in the said Parliament at the Petition of the Commonalty of this his Realm then and there exhibited to him amongst other things ordained and constituted that several Commissions of Sewers should be issued out to sundry persons by the Chancelour of England for the time being throughout all the parts of this Realm where need should require according to the form of a certain Commission in a Statute made in the Parliament of Henry the sixth in Deed but not in Right King of England held at Westminster in the sixth year of his reign And that the said Commissioners should have full Power and Authority to make ordain and constitute Statutes and Ordinances and to perform all other things according to the power and effâ—ct of those Commissions as in the said Statute of the said xijth year published is more fully contained Whereupon the said King issued out his Letters Patents to the before-specified Sir Iohn Fogge and the rest of the Justices before-mentioned in form aforesaid the tenor of which Petitions and answers thereto and of the Statutes Ordinances and Customes of the said Romeney Marsh were contained in a certain Roll annexed thereunto Having also regard to the publick advantage and common profit aswell by virtue and authority of the said Statute published in the said xijth year as of the said Letters Patents as aforesaid hereupon made to the before-specified Justices in form aforesaid and other premisses that it would seem just and equal to them in this behalf and most consonant to reason to establish and ordain what should be most proper for the avoiding of the perils and damages abovesaid calling together such as the businesse concerned for the perpetual safeguard and preservation of the said lands and Marshes within those limits except before excepted by the assent aswell of all those Jurors of the Enquest aforesaid appearing before the said Justices who had lands within the limits aforesaid lyable to the said danger to be preserved in form aforesaid as also of very many Lords of Fees and other Land-holders there being on the said Friday at Lyde aforesaid in pursuance of the said King's Royal purpose for more advantage and lesse detriment the said Justices did provide make and publish certain proper and commodious Statutes and Ordinances for the King's people and especially for all the Land-holders in those grounds and Marshes within the said limits except before excepted not favouring any person therein to endure and be observed for ever as followeth First it was decreed and ordained by the said Iustices with the consent aforesaid that thenceforth and for ever there should be within the Lands and Marshes aforesaid within the limits aforesaid except before excepted two Bayliffs twenty four Iurats two Collectors and two Expenditors of the Land-holders within those limits except before excepted for the preservation safeguard and defence of the said Lands and Marshes except before excepted and of the Banks belonging thereto By the consideration of which said xxiiij Iurats ten or eight of them at least the said Lands and Marshes except before excepted ought to be governed kept defended and preserved from the peril of the Sea and inundation of the fresh maters by Banks
the Shireeve was commanded to distrain not only the said Bishop and his bondmen but all other persous having Lands between the said Hospital and the Town of Shadwell lying within the before-specified peril for the repair and amendment of the Ditch where the said ground-breach was made by that great floud and likewise to repair the Banks Ditches Sewers and Gutters which by means of that ground-breach were so broken and torn In pursuance of which verdict the said King in the same 18th year of his reign wherein the pleading above-mentioned was assigned Raphe Hereward Robert de Ashele and Iohn de Doure to view the said banks betwixt the before-specified Hospital of S. Katherines and Shadwell and to take order for their repair In the 15th of E. 3. Robert de Sadyngton Thomas de Blaston and Gervase de Wilford had Commission to view and repair the Banks c. on the coast of the said River being within the precincts of Westminster and the parts adjacent betwixt a place call'd the Neyt and Temple-barr in London then broken and in decay by the force of the tides And in 28 E. 3. Will. de Thorpe Will. de Notton Iohn Bray Thomas Ludlowe Will. de Hatton and Thomas Morice had the like Commission for those in the Town of Stebenhethe before mentioned as also upon the River of Lye in the confines of Middlesex and Essex in a certain part of Hakney neer to a Mill called Crachehegge betwixt the said Town of Hakney and the Town of Welcomstowe in Essex In 36 E. 3. Will. de Fyncheden Will. de Wynchingham and others were in like sort assigned for all the Banks c. betwixt the Chapel of S. Katehrine in Middlesex and the Town of Est-Tilbury in Essex So also the next year following were Thomas Morisse Thomas Frowyk and George Fanillore for those banks c. in the Marshes of Stebenhithe Brambeleye and Redclyve and elswhere within the Lordship of the Bishop of London upon the verge of the Thames And in 38 E. 3. Thomas Morice Thomas Frowyk and Iohn Brikclesworth for those in Stebenhithe and Brambeley from the Tower of London to the River of Leye In 41 E. 3. Iohn de Bampton Iohn de Sudbury and Thomas Brette were constituted Commissioners for the view and repair of the banks c. betwixt the before-specified Chapel of S. Katherine and Berkynflete in Essex and to do all things therein according to the Law and Custome of this Realm In 43 E. 3. Thomas de Lodelowe Will. Halden Iohn Sundbie and Iohn Chertsey had the like for all those aswell upon the coast of the River of Leye as of Thames which were in the parish of Stebenhithe So likewise the same year had Solomon Wauter and Nich Cartere for those in the said parish upon the River of Thames only with power to take so many Carpentersâ— and other Labourers as should be necessary for the work upon competent wages In 1 R. 2. Iohn Bampton Will. Rykhill Thomas Aspale and Thomas Mylende had the like Commission for those betwixt Blakewale and the before-mentioned Hospital of S. Katherine In 4 R. 2. Will. Cheyne Helmingus Leget Will. Rykhill and Will Cressewyke for those upon the River of Lye betwixt Stebenhythe and Bramle In 6. R. 2. the Prior of the Hospital of S. Iohns of Ierusalem being questioned for the not clensing of a Ditch neer Mileford for an hundred perches and could not deny but that he ought to do it and therefore the Shireeve of Middlesex was appointed to compell him by distresse for the performance thereof at his own proper chardges In the same year Will. Cheyne Will. Rykhill Iohn Shorediche and Will Cressewyke were appointed to view and repair the banks upon the River of Lye betwixt Stebenhethe and Bramle In 19 R. 2. Will Rykhill Will. Skrene Thomas Cherleton Iohn Shoredyche senior and Iohn Ongham had the like appointment for those betwixt the Town of Stratford atte Bowe and the Tower of London and to perform all things therein according to the Law and Custome of this Realm So also in 22 R. 2. had Will. Thirnyng Will. Rykhill Iohn Cokaine Thomas Charleton Iohn Shoredyche senior and Iohn Ongham the Shireeve of Middlesex being associated to them for the view and repair of those banks c. in Stebenhithe marsh and to proceed therein as aforesaid Which Commission was renewed in 1 H. 4. to all the parties before mentioned exceptiâ—g Iohn Cokayn In 5 H. 4. Iohn Cokain Will. Skrene Thomas Tyldeslegh Robert Rykedon and Iohn Hogham with the said Shireeve of Middlesex had the like And in 9 H. 4. Will. Cheyne Iohn Selman Iohn Profyt and Iohn Hogham and to act therein according to the antient Law and Custome of this Realm In 8 H 6. Henry Somer Robert Frampton Iohn Thwaytes Walter Grene and Alexander Anne were assigned in like sort for the banks c. in the Marshes of Stebenhithe and Walmershe and to make Statutes and Ordinances for the defence thereof according to the Laws and Customes of Romeney marsh as also to imprest so many Labourers for that imployment upon competent salaries as they should see necessary in respect of the imminent danger by the breaches in those banks which required their speedy repair In 26 H. 6. Iohn Fortescu chief Justice of the common Pleas Robert Wellys Abbot of Graces neer the Tower of London Iohn Fyloll Thomas Burgoygne Iohn Wylton Walter Grene Iohn Harpour Robert Tanfield Edmund Plofeld Iohn Eton and Thomas Croxton had the like Commission for the banks c. betwixt the Mill of S. Katherines neer the Tower of London to the Chapel of S. Marie Matfelon thence to the Church of S. Dunstans in Stepenhithe thence to the Church of S. Leonard in Bremley thence to the River of Leye thence to the Thames and thence to the said Mill and to make Laws c. according to the Laws and Ordinances of Romeney marsh as also to imprest Labourers c. as abovesaid Upon an inquisition taken in 27 H. 6. the Jurors presented that by the violence of the tides upon the banks of Stebenhithe marsh a great part of the said banks adjoyning to that marsh was then ruinous and broken through the neglect of the Land-holders there And that through the default of one Iohn Harpour Gentleman in not repairing his bank opposite to Depford strond there was on the Monday being the Feast of the Annunciation of the blessed Virgin in the 26 year of the reign of the said King H. 6. a breach made in the said bank of the before-specified Iohn Harpour for the length of xx Rods unto the land of Iohn Fyloll in so much as a thousand Acres of land lying within the said marsh were drowned And that he the said Iohn and all those whose estate he then had were obliged in respect of their land adjoyning to the
said bank to take care of it's amendment In 34 H. 6. Sir Iohn Fortescu Knight then chief Justice of the Kings bench Iohn Fylolle Thomas Burgoyne Walter Grene Iohn Harpour Robert Tanfeld Will. Chadworth Thomas Cornwalys and Thomas Croxton were appointed Commissioners for the view and repair of the banks c. lying betwixt S. Katherines Mill before mentioned unto the Chapel called S. Marie Matfelone thence to the Church of S. Dunstans in Stepenhithe thence to the Church of S. Leonard in Bremley thence to the River of Leye thence to the Thames and so to the said Mill And to make Laws and Ordinances according to those of Romeney marsh The like Commission in 7 E. 4. had Thomas Abbot of Graces neer the Tower of London Thomas Urswyk Thomas Frowyk Esquire and others In 14 E. 4. Sir Thomas Urswyke Knight Iohn Elryngtone Thomas Frowyk Will. Essex and others were assigned to view and take order for the repair of all those banks c. lying betwixt the Tower of London and the Town of Stratford atte Bowe and to proceed therein by making Laws c. and otherwise according to the Laws and Customes of Romeney marsh In 20 E. 4. Thomas Bishop of London Edmund Abbot of Graces Will. Wirsley Dean of Pauls Sir Iohn Elryngton and Sir Thomas Frowyk Knights Richard Gardener and others had the like assignation for those betwixt the Town of Lymeostez and the wall called Black Wall So also in the same year had the said Thomas Edmund and William together with Henry Sharpe Dean of the free Chapel of S. Stephan within the Kings Palace at Westminster Iohn Harding Master of the Hospital of S. Thomas of Acon in the City of London Sir Iohn Elryngton Knight Sir Thomas Frowyk Knight Richard Gardner and others for all the banks upon the River of Thames and Leye betwixt the metes and bounds of the City of London and the bridge of Stratford atte Bowe on the North and West side of those Rivers and the Road-way which lyeth betwixt White Chapell parish and the Town of Stratford atte Bowe before-specified CAP. XVI Marshes in the Suburbs of LONDON AND that some places in the very Suburbs of the City of London it self have originally been Fenny and Moorish though now by no small industry and cost equalling the chiefest which were naturally otherwise is apparent from undoubted testimony Fitz Stephan who lived above five hundred years since speaking of that place now called Moore Fields saying thus Cum est congelata palus illa magna quae moenia urbis Aquilonalis alluit exeunt lusum super glaciem densae juvenum turmae c. When the great Fen which watereth the walls on the North side of the City is frozen multitudes of young people go to play upon the Ice Some taking a little room to run do set their feet a good distance and glide a great way Others sit upon thick pieces of Ice as big as Mill-stones and being drawn by many who hold hand in hand when the foot of one slippeth they all tumble down together But others more expert in sporting thereon fix bones under their heeles and taking a Pike-staff do shove themselves forward with so much force that they glide with no lesse swiftnesse than a Bird flyeth or an Arrow passeth out of a Bow This Fen saith Stow stretching from the wall of the City betwixt Bishops-gate and the Posterne called Cripple-gate to Finsbury and to Holy-well continued a waste and an unprofitable ground a long time so that the same was all letten for four Marks the year in the reign of King Edward the second But in the year MCCCCxv 3 H. 5. Thomas Fawconer Maior caused the wall to be broken towards the Moor and builded the Postern called Moore gate for ease of the Citizens to walk that way upon Causeys to Iseldâ—n and Hoxton Moreover he caused the Ditches of the City and other the Ditches from Shores-ditch to Deepe Ditch by Bethlem into the Moore ditch to be newly cast and clensed by means whereof the said Fen or Moor was greatly drained and dryed And in the year MDxij Roger Atchley Maior caused divers Dikes to be cast and made to drain the waters of the said Moore fields with bridges arched over them and the grounds about to be levelled whereby the said field was made somwhat more commodious but yet it stood ful of noysome waters Whereupon in the year MDxxvij Sir Thomas Seymour Maior caused divers Sluces to be made to convey the said waters over the Town ditch into the course of Walbrooke and so into the Thames and by these degrees was this Fen or Moore at length made main and hard ground which before being overgrown with Flaggs Sedges and Rushes served to no use Nor was the ground in Fleetstreete and thereabouts long since much better than a Marish for the same Author saith that in the year MDXCv he observed that when the Labourers had broken up the pavement against Chancery lane end up towards S. Dunstan's Church and had digged four foot deep they found another pavement of hard stone more sufficient than the first and therefore harder to be broken under which were in the made-ground piles of Timber driven very thick and almost close together the same being as black as cole and many of them rotten And now to manifest that not only the Law but the usual practice is where disobedience or neglect hath been found in those as be chardgable with the maintenance of any Banks or Sewers made for the common defence of such Marshes as are in danger of surrounding that coercion is to be exercised for the performance thereof I shall here exhibit the testimony of a Decree made in a Session of Sewers held at Ilford in Essex 19º Aprilis Aº 1639. which reciting an Ordinance made in the like Session at Ilford before-specified for raising the summ of seventeen hundred and six pounds for repairing a breach in the Banks or Marsh-wall of Bromley marsh in this County whereby ninety four Acres of land were surrounded and the neglect of certain persons therein named to pay their proportion thereof which were assessed upon them a Lease for xli years was made of several parcels of ground belonging to those so neglecting unto others at the Rent of one pepper corn yearly CAP. XVII HAving now done with the Marshes in Middlesex I come to those in Essex which Counties are divided by the River of Lye antiently called Luye Of this River it is memorable that the Danes in the year of Christ 894. and 23 of King Alfred's reign sayled up it with their Ships and built a Castle on the Bank thereof about xx miles from London Neer which the Londoners giving them battail and having the better of the day put them to flight so that they were constrained to flye to that Hold whereof the King having notice he caused this River to be cut into three branches to
overflowed to the great damage of all the Country adjacent VVhereupon the Shireeve had command to summon the said Towns of Newsome c. who appearing accordingly answered that they could not deny but that they ought to repair and clense the said Sewer and that the same was not stopped by the making of certain Clows therein therefore they were amerc'd And the Inhabitants of Lostsome for their said Town of Lostsome also said that they could not deny but that theyâ— together with the towns of Newsome Birnd Knedillyngton Askelby and Barneby ought to clense and repair the same Sewer but they said that the current thereof was not stopped by the setting down of those Clows as it had been supposed and of this they requested that inquiry might be made by the Country VVhich being accordingly done the Jurors found that the said town of Lostsome together with the towns of Newsome Birnd Knedillyngtone Askelby Barneby had by making of those Clows obstructed the before-specified Sewer therefore the said town of Lostsome was amerc'd and it was decreed by the said Justices that those Clows should be taken away at the chardge of the Inhabitants of that place and of the rest before-mentioned And the Shireeve was required to see the same accomplishâ— and the Sewer repaired In 11 H. 4. Thomas Knight of Arkesey was attached by Iohn Fastolf who alleged that he the said Thomas ought to repair certain Banks upon the River of Done in respect of his lands in Bentley To which the said Thomas pleaded that he ought not In the same year it appears that the Abbot of Thornton was distrained for the repair of Thornton damme and Hamister damme which do râ—ach from Langdyke to the River of Ouse But the Abbot pretending errors in the judgment formerly given required that it should be revoked and so he did likewise for Blaktoft damme alias Hansardamme which extendeth it self from Fulney to the stream of Ouse which Chanel Sir Richard Hansard Knight and the town of Blaktoft ought to repair In 13 H. 4. Gerard Usflete Will. Lodyngton Richard Gascoigne Thomas Egmantone Guy Rouclyff Will. Rosselyn Rob. Haldenby and Iohn Garton were constituted Commissioners for the view and repair of the Banks c. upon the Rivers of Ouse Done and Eyre in the parts of Merskland and to proceed therein according to the Law and Custome of the Marsh. The like Commission in 1 H. 5. had Richard Norton Will. Lodyngton Peter de la Hay Iohn Dronsfeld Robert Barneby Will. Shirewode Thomas Saynpole and Nicholas Braytone for those banks c. from little Smitone to the River of Done and to do all things therein according to the Law and Custome of this Realm So also in 6 H. 5. had William Lodyngton Richard Gascoigne Guy Rouclyf Guy Fairfax Gerard Lodyngton others for the banks upon the said Rivers of Ayre Ouse and Done betwixt Turnbrigg neer Rouclyf the antient course of the said River Done in the parts of Merskland and to proceed therein according to the Law and Custome of this Realm In 9 H. 5. Robert Tirwhit Iohn Preston Iohn Aske Thomas Clarell Peter de la Hay Richard Gascoigne Guy Rouclif Guy Fayrfax Iohn Pigot Robert Rudstane Thomas Banke and Thomas Aungere were appointed to view and repair the Banks c. upon the Rivers of Ayre Ouse and Done betwixt Ouerfmouth and the antient Chanel of Done in the parts of Merskland and to proceed therein as abovesaid The like appointment in 1 H. 6. had Iohn Preston Iames Strangwayes Richard Gascoigne Guy Rouclyff Guy Fairfax Iohn Portyngton Thomas Aunger William Stansfeld and Will. Outhorpe for those banks upon the coasts of Ayre Ouse Done and Went betwixt Snayth and the antient course of the River of Done in the parts of Mersland and to proceed therein as abovesaid So also the year following had Robert Tirwhit Iohn Prestone Sir Henry Bromflet Knight Iohn Aske Peter de la Haye Iohn Ellerker Guy Rouclyf and Iohn Portyngton for those c. upon Ouse Derwent Humbre and Hull within the VVapentake betwixt Ouse and Derwent the liberty of Hovedenshire and VVapentake of Herthill and to do all things therein according to the Law and Custome of this Realm In 6 H. 6. Iames Strangways Thomas Fulthorpe Guy Rouclyff Guy Fayrfax Will. Ashowe Iohn Aske and Thomas Beaulieu were constituted Commissioners for the view and repair of the Banks c. upon the Rivers of Ayre Ouse and Went betwixt Snaythe and the old Chanel of Done in Merskland and to act therein as abovesaid And in the same year Sir Robert Bapthorpe and Sir Henry Bromflete Knights Iames Strangwayes Iohn Ellerker Iohn de Aske Guy Rouclyff and Iohn Portington had the like Commission for those banks c. within the liberty of Hovedene and VVapentake of Herthill as also betwixt the Rivers of Use and Derwent with power to make such Statutes and Ordinances for the safeguard and preservation of the coasts within those limits as should be necessary and fit according to the Laws and Customes of Romeney Marsh and to do all other things therein according to the Law and Custome of this Realm and the Custome of Romeney Marsh aforesaid As also to imprest so many Diggers and other Labourers upon competent wages in respect of the great and urgent necessity to expedite the work as they should think fit to imploy therein So also had Iohn Ellerker Tho. de Metham Thomas Clarell Robert Willughby Guy Roclyff Richard Wyntworth Iohn Maleverer and Iohn Portyngton for those betwixt Turnbryg and the Rivers of Done and Ouse And to make Statutes and Ordinances and to proceed c. as aforesaid And likewise Sir Will. Babyngton Sir Henry Bromflete and Sir Robert Bapthorpe Knights Thomas Metham Esquire Guy Roclyff Iohn Portyngton and Will. Moston for those within the Wapentake of Herthill and the Wapentake betwixt Ouse and Derwent and liberty of Howedon and to act therein as aforesaid So also the year following had Sir Will. Rither Knight Iames Strangways Thomas Clarell Esquires Guy Fairfax Iohn Thwaytes Robert Maleverer and Thomas Lyndeley for the Banks c. upon the Rivers of Ayre Ouse and Yore and to proceed as abovesaid And the like in 13 H. 6. had Iohn Ellerker Thomas Metham Iohn Constable Iohn Portyngton Will. Mustone and Robert Cawode for those in Mershlonde betwixt the Rivers of Owese Doone Ayer and Went and to proceed therein as abovementioned Many other Commissions there were to the like purpose and to make Laws and Ordinances according to the Laws and Customes of Romeney Marsh c. viz. in 23 H. 6. to Iohn Portyngton senior Iohn Nevill Guy Roclyff Iohn Portyngton junior Rob. Roclyff Geffrey Blakey and Peter Perc for those Banks c. in Mershlond betwixt the Rivers of Owese Doone Ayre and Went. In 27 H. 6. to Iohn Portyngtone Rob. Bapthorpe Esquires Guy
virtue of the Agreement abovesaid did build and plant a Town called Sandtoft with a Church therein placing a Minister there whereunto resorted above two hundred Families of French and Walloon Protestants fled out of their native Country for fear of the Inquisition only to enjoy the free exercise of their Religion here who erected and planted above two hundred habitations for Husbandry and plowed and tilled much of the said twenty four thousand and five hundred Acres of land to the great benefit of the Common wealth All which they enjoyed till about the Month of Iune in the year 1642 that some of the Inhabitants thereabouts pretending they had right of Common said they were not bound by the before-specified Decree and therefore taking advantage of the present distractions for then it was that the Parliament began to raise a powerful Army for the safety of the King's person defence of both Houses of Parliament and of those who had obeyed their Orders and commands and preserving the true Religion Laws Liberties and peace of the Kingdome as their votes and Remonstrances did set forth a vast proportion of money and plate being brought in by the Citizens of London and others for that purpose the King being at that time at Yorke with some slendâ—r guards which they voted to be a levying of warr against his Parliament they arose in tumults brake down the fences and inclosures of four thousand Acres destroyed all the Corn growing and demolished the Houses built thereon And about the beginning of February ensuing they pulled up the Floud-gates of Snow Sewer which by letting in the tides from the River of Trent soon drowned a great part of Hatfield Chase divers persons standing there with Muskets and saying that there they would stay till the whole levell were drowned and the Inhabitants forced to swim away like Ducks and so continued guarding the said Sluse for the space of seven weeks together letting in the tides at evâ—ry full water and keeping the Sluse shut at an ebb And about that time likewise some of the Inhabitants of Miâ—â—erton pulled down another Sluse neer that Town which occasioned the River of Trent to break down the Banks and overflow the whole levell so that the Barns and Stacks of Coâ—n were drowned a yard high at the least And thinking this not to be mischief enough the Inhabitants of the Isle of Axholme did about Michaelmasse in the year 1645 tumultuously throw down a great part of the Banks and filled up the Ditches putting in Cattel into the Corn and Pastures of those that had been Adventurers for the drayning Whereupon the said Participants in this great and costly work by their humble Petition exhibited to the Parliament in December following presented that after the expence of at least two hundred thousand pounds in those works the Tenants of the Mannour of Epworth notwithstanding their consents to that Decree before-specified which had been passed in the Exchequeâ— for settlement of what had been agreed on and set out of that Mannour for the said Participanâ—s and their Tenants had in a tumultuous manner thrown down and laid waste a proportion of at least 74000 Acres of land and destroyed a great quantity of Rape and Corn growing by forcible keeping and depasturing their Cattel thereon as also demolished very many Houses burnt others cut and burned the Plows beat and wounded those that were Plowing or resisted them in any of those their outragious acts and then threatned the drowning of the whole by cuttng of the Banks and misusage of the Sluses and moreover that they resisted the said Pâ—rticipants in levying taxes for the repair of the works to the great damage of the Common wealth in general and scandal to the Justice thereof in case these things should not be restrained and the offenders to be punished For preventing therefore of the like mischiefs and preservation of the peace of the Country it was then ordered by the Lords in Parliament that the Shireeve of the said County of Lincolne and Justices of peace there should upon complaint made to them therein punctually pursue the Statutes made in 13 H. 4. for suppressing of Riots and Routs and call to their assistance if need required the Trained bands of the said County and the Parliaments forces next adjoyning to be aiding and assisting to the said Participants in guarding and keeping these Sluses and Sewers and in repairing what had been so demolished and in levying the Taxes legally imposed tending to the preservation of so good and beneficial a work to the common wealth And for the setling of this businesse they farther ordered that the Shireeve of the County of Lincolne for the time being should upon request to him made by the said Participants appoint such a Deputy within the limits of the same levell for the sudden aiding and assisting of them when need should require as they from time to time did desire And that this Order should be forthwith published in the several Parish-Churches and Market-Towns of this County Which course being thus taken for restraint of those their tumultuous and riotous practices seven of the Inhabitants of the said Mannour of Epworth brought their actions at Law against the said Participants for recovering of what had been so formerly setled by the before specified Decree with their own consents Whereupon the said Participants exhibiting their Bill in the Exchequer Chamber for establishing their possession against those seven obtained this Order viz. that the Kings Solicitor general should proceed upon the same in that Court with all convenient speed and in the mean time the possessâ—ion of the lands in question to be held in quiet by the Plantiffs as it had been formerly setled by the said Court and enjoyed at any time since the said Decree made and likewise that their sutes at Law should be stayed by the Injunction of the same Court untill the hearing of the cause or that the Court gave farther order therein Upon which Injunction the Shireeve had a Writ of assistance and came with near a hundred persons to quiet the possession and set up the Banks of those 4000 Acres first laid waste But one Daniell Noddel Solicitor for the before-mentioned Inhabitants hearing of the said Shireeve's coming got together about four hundred men and forced him with all his assistants to flie and having so done demolished what he the said Shireeve had before caused to be set up The Participants therefore being thus forcibly kept out of possession brought their Bill to hearing which the said Noddel discerning he drew in to his aid Lieutenant Colonell Iohn Lilburne a person of a most turbulent Spirit and who since dyed a Quaker and Major Iohn Wildeman and whilst the cause was hearing joyned with the said Inhabitants in a farther Riot on the remaining 3400 Acres which till then had been kept up impounding the Tenants Cattel and refusing to admit of Replevins and so forced them to what rates
ought to clense and scoure the Sewers of Stakesgraft Swynman dam and Swanelond so that the current of the water might not be hindred froÌ„ the fen to the Chanel which carrieth it to the Sea And they said that there was great necessity of a good Bank for preservation of the Fen betwixt Deping and Spalding from the House of Iohn the Son of Simon of Spalding to Wodelode to be made at the chardge of the Prior and Town of Spalding so that each aâ—re might be taxed alike and that no Hoggs might come neer that Bank nor any defensible Banks in any place of Holand nor the Sewers therein by the space of half a mile And they lastly said that all the beforespecified Ordinances were for the common benefit of the said Towns in Kesteven and Holand and that every Acre ought to be assessed alike in all taxes and costs for the necessary repair of the said Gutters Sewers Banks and Bridges In 25 E. 3. there was a Petition exhibited to the King and his Counsel in Parliament by those of these Provinces of Kesteven and Holand who resided in the Fenns shewing that whereas the antient boundary called Midfen dike and other metes which go through the said Fenns from the river of Weland to the stream of Withum which had wont to be the old limits betwixt these two Provinces as by certain Crosses of stone then continuing was very evident were at that time by reason of floods and other impediments so obscured that no certain knowledge could be thereof insomuch as great controversies and debates were occasioned betwixt the Inhabitants in those parts upon execution of the Kings Writs and otherwise the said King did therefore assign Saier de Rocheford Alexander Aunsell Simon Simeon Will. de Skipwith Thomas de Sibthorpe and Thomas de Levelance to take view of the said boundaries and to distrain all such persons for the scouring and clensing the same who ought to have performed that work After this divers years viz. in 41 E. 3. Godfrey Fuljaumbe Simon Simeon Walter de Campeden and others were appointed to view and repair the Banks Sewers and Ditches from Bardney ferry to Catebrig within the Province of Kesteven and within the Wapentak of Ellowe in the parts of Holand Upon a pleading in 3. H. 4. I find that on Will. Wyting of Deping was pardoned for the breaking down of two Crosses which had been set up betwixt these Provinces of Kesteven and Holand by five of the Kings Justices upon the said King's appointment In 3 H. 5. Thomas le Warre Robert de Wylughby Will. Lodingtone Robert Hagbecche Geffrey Lutterell Iohn Belle Iohn Henege and others were constituted Commissioners for the view and repair of the Banks Ditches and Sewers in these parts of Kesteven and Holand then in decay with direction to proceed therein according to the law and custome of this Realm and the Custome of Romeney Marsh As also to take such and so many workmen and Artificers upon competent wages as they should think fit to be imployed in that work in respect of the great necessity for expedition therein The like Commission in 5 H. 5. had Thomas Duke of Clarence Gilbert Umframvill William Lodyngton Iohn Cokayn Iames Strangways Thomas de la Launde and others and to act therein according to the custome of the Marsh and the law and custome of this Realm So also in 26 H. 6. had Iohn Viscount Beaumont Sir Robert Wylughby Knight Sir Raphe Cromwell Knight Sir Leo. Welles Knight Nich. Dixon Clerk Thomas Merys and others with direction to make Laws and Ordinances therein consonant to the Laws and Customs of Romeney marshe and to hear and determine of all things touching the same according to the Law and custome of the said Marsh As also to imprest Ditchers and other Labourers upon competent salaries and to imploy them in the said work as long as there should be occasion so to do in regard of the great and imminent danger which might by delays accrue In 7 E. 4. Richard Earl of Warwick Humfrey Bourchier Lord Cromwell Sir Henry Stafford Knight Sir Thomas Burgh Knight Oliver S. Iohn Esquire Will. Husee Will. Coote and divers others had the like Commission for the view and repair of all the Banks and Sewers c. from Staunford in this County to Dodyngton Pigot and from thence throughout these two Provinces to the Sea c. And in 34 H. 8. Charles D. of Suff. Rob. Dymmoke Tho. Heneage Iohn Copledyk Iohn Hussey and Rob. Tirwhit Knights Edw. Dymoke Ric. Themolby and others Esâ—uires then Commissioners of Sewers in these parts sitting at Donington decreed that the Floudgate or Sluse under Boston Bridge should be repaired at the chardges of the Wapentakes of Kyrton and Skirbek in Holand for the one half and the Wapentake of Ellow and Town of Boston for the other half to be performed before the Feast of All Saints then next coming in as compleat a manner as it had been formerly done by Margaret Countess of Richmund and Derby Moreover that two great Sewers xx foot wide and 5. foot deep should be made and digged in the divisions betwixt Kesteven and Holand from the most Western point at Gotheram coat corner neer the River of Glen unto Wragmere stake thence to the River of Wythom at Langrake where then lay a certain Sluse in the said River so as the said Sewer and Water-courses were noâ— above xxxvi foot one from the other until they come to Wragmere stake and that the menure should be cast betwixt the said Sewers to raise a firm Bank And from Wragmere stake both Sewers to run in one Chanel of xxx foot broad in a direct line leaving the division of those Countries to Gilsyke to go wholy in the Eight hundred Fen of Holand And that the said Sewers from the River of Glen to Wytham so intended from the South to the North should â—all into enter and go through all the loads and draynes in the Fenns aforesaid which came out of the parts of Kesteven to Hamond beck alias Holand Fen dyke to the end that all the water going together might the better run within its own Brinks and Chanels and the sooner come to the Sluse at Skirbek gote and the new Gotes by that decree intended And that those Sewers should be made in manner following and in places hereafter named viz. first from the said place called Gotheramscote unto Nestilholm corner by a right line on the outside of Nestilholme aforesaid where the Harth stede is and the limits divyding Holand and Kesteven and that the said Sewer should come as neer to the corner aforesaid as might be so that it enterd not into the Dyke of Nestilholm aforesaid And that the said Sewers should be made from the place to the place aforesaid on the Westside within the several Townships by the Inhabitants of Burne cum membris Moreton cum membris Haconby cum membris
of Crabhous with some lands belonging thereto all being then waste and in the nature of a Fen But afterwards the Inhabitants of that place and of divers other came and with drayning and banking won as much thereof by their industry as they could And that they might the more securely enjoy the same were contenâ— to be Tenants for it unto such great men of whom they held their other lands and upon this occasion by a common consent amongst themâ— was the old Podike first raised about the year MCCxxiij 7 H. 3. Nor was a great part of this Country any other than a Marsh about that time for by that Precept to the Shireeve of Norfolk for giving unto Hubert de Burgo then Justice of England the like possession thereof as he had in King Iohn's time when he went into Poictou for the serviâ—e of that King it was so called and bounded with the Towns of Wigenhale Welle Hagebeche Tilney and Tirington which I take to be little lesse than half Marshland all which was soon after restored to the Church of Ely as having a better interest to it than this great man But notwithstanding the said Bank called Podike so made as hath been said it seems that the Marshland men had no cleer title to the whole soil whereon it was erected Will. Bardolfe at that time Lord oi the Mannors of Stow Wimbotesham and Dounham Lordships lying on the other side of the Ouse chalenging some right therein for in 35 H. 3. they came to an agreement with him by a Fine levyed before the Justices itinerant at Norwich in the xv of S. Martin the principal parties to the said Fine being the then Bishop of Ely the Prior of Lewes the Abbots of Ramsey Dereham and S. Edmundsbuâ—y Thomas de Ingaldesthorp and Will. de Shouldham By which Fine the said Will. Bardolf quitted all his title in the whole Marsh called West fen through which the same bank extended unto the said Bishop Prior Abbots c. and their successors for ever And they to him and his heirs the before-specified old bank viz. Podike and an Cxx acres of marsh with the appurtenances lying in the said West fen within the same bank Northwards containing xij furlongs in bredth About three years after the Sea-banks of this Province wanting repair the Shireeve of Norfolk was required to distrain all those persons in the Lete of Clenchwarton and West Len who were Tenants of such lands as ought to repair those Banks in such sort as they had wont to be repaired for repelling the inundations of the Sea and fresh waters which Tenants to have afterwards allowance for the same from their Landlords What was then done therein I find not but within four years ensuing it appears that the Inhabitants of this Country had exceeding great losse by the breach both of the Sea-banks and those which should have kept off the fresh waters insomuch as the King being advertised thereof commanded the Shireeve of Norfolk that he should forthwith distrain all the Land-holders who might have benefit thereby to repair and maintain those Banks and Ditches according to the proportion of their said lands lying within the bounds of them And the next year following upon more damage hapning by a new inundation of the Sea through the breach of those Banks towards Wisbeche within the liberties of the Bishop of Ely having required the said Bishop to distrain all his Tenants within this Province of Mershland and elswhere within his said liberties who had defence and safeguard thereby according to the quantity of their lands lying within the said Banks to repair and maintain them as they ought and had used to do he sent his Precept to the Shireeâ—e of Cambridgshire thereby chardging him that after the said Bishop had so distrained his said Tenants as abovesaid he the said Shireeve should not dâ—liver any Cattel so taken by way of distresse without the Kings special command In 16 E. 1. Will. de Carleton and Will. de Middilton were constituted Commissioners to enquire of certain breaches in the Banks of Robert de Scales in the Hawe and Ilsington in this Province and to distrain all those who ought to repair them The like Commission had they the next year ensuing for the view and repair of the Banks in Tilney and Ilsington then broken by the raging of the Sea So also in 18 E. 1. had the said Will. de Carleton and Will. de Pageham for the banks called Pokediche Siwellediche Fendiche and Gildangordiche then broken by flouds in divers places In 21 E. 1. the Inhabitants of this Country made a grievous complaint to the King importing that whereas the bank called Pokediche was antiently made and had till that time been maintained by them for the safeguard and preservation of those parts against flouds of water certain Malefactors having a purpose to do them mischief had made a hole in the said bank and did by force and arms hinder those that would have stopt it by reason whereof aswell the tides from the Sea as the fresh watâ—rs overflowed the Pastures lying within the precincts thereof the said King therefore being very sensible of this great injury assigned Peter de Campania Thomas de Hacford and Adam de Shropham to enquire by the Oaths of honest and lawfull men of this County who they were that did make this breach and to hear and determine of that trespasse And the said King being informed that in case the fresh waters coming by Utwell could have their course to the Sea in such sort as that they might not mix with the waters running in Mershland this Country of Mershland by that severing of them would be much amended he commanded the said Commissioners that they should forthwith go to the Town of Utwelle and there take order that the said fresh waters so descending that way should have their due and antient course to the Sea as formerly so that this Country of Marshland might have it's Drayn to the Sea by the same out-fall The next year following the King directing his Commission to Simon de Elysworth and Thomas de Hageford to enquire touching the defects in repair of the Bank called Pokediche as also of other Banks and Sewers in this County the Jurats for the Hundred of Frethbrigge by virtue of the said Commission did upon their Oaths present that through the default of the Town of Wigenhale in making and repairing of their Ditches above the Podyke great losses had hapned in those dayes to these parts of Mershland so that the lands of divers men were drowned by the inundations both from the Sea and fresh waters And they also said that the said Pokedyke could not be sufficiently repaired before the Feast of the Nativity of S. Iohn Baptist for the safeguard thereof and of the Country in regard that certain men of Wigenhale had divers lands lying adjacent to the same Bâ—nk
the said King the parties before-specified besought him that whereas that obstruction had been made by the appointment of those Justices he would please to supersede the taking thereof untill the complainants could shew forth their right as they ought to do The said King therefore being willing to do right in the premisses required the Treasurer and Chamberlains of his Exchequer that they should under the Exchequer Seal send unto him the Inquisitions so taken before the said Will. Howard and his associates as aforesaid together with the whole process thereupon upon the xvth of the holy Trinity then next ensuing all which were at that time in the Treasury of the said Exchequer under their Custody And commanded the Shireeves of Norfolk Suffolk and Cambridgshire to make Proclamation within their liberties that every person concerned in the premisses should then and there appear to answer what might be proposed to them if they thought fit and to folicite for further Justice therein And lastly forbad the said Geffrey and his fellow Justices to receive the said Inquisition By virtue of which Precept the Jurors for the Counties of Cambridge and Huntendon were respited untill from the xvth of the holy Trinity following because none of them appeared and therefore the Shireeve was to attach them And because the Shireeves of Norfolk and Northampton returned that their Writs came so late unto them that they could do nothing therein and the Shireeve of Lincolnshire made no return at all therefore other Writs were sent unto them requiring each of them to bring xxiiij honest and lawfull men c. at that time prefixed and in the interim the said King dispatcht his Writ of Certiorare to the Treasurer and Chamberlains of his Exchequer commanding them that they should forthwith send unto him under the Exchequer Seal the said Inquisitions so taken before the before-specified Will. Howard and his associats as aforesaid Which Writ of Certiorare beareth date the xviiith day of February in 5 E. 3. But the said Treasurer and Chamberlains of the Exchequer made return that having sought amongst their Rolls they could not find any such Inquisition Ordinance or Decree touching the obstruction of that water Whereupon the King signified as much to the said Geffrey le Scrope and his associats and not long after issued out a writ to the Shireeve of Norfolk whereby having advertised him of all proceedings in that business he commanded him to make publick Proclamation within his Liberties where he should think fit that all such persons who were concern'd therein should attend the said King at a day and place assigned to make their proposals touching that business if they thought iâ— meet as also to solicite for further Justice there And to make return of his doings therein a Month after Easter ensuing Which Writ beareth date upon the 18th of February in the year before-mentioned By virtue whereof the said Shireeve of Norfolk viz. Thomas de Hindringham thus answered that he made return of the same Writ to Iohn Bosse of Kenynghale Bayliff of the Bishop of Elye's liberty who said that he did make Proclamation accordingly and found no man gain-saying ot finding fault with that Dam but that the said passage was as commodious as it had wont to be And that he did give notice to all the Noble-men of those parts that they should appear at the same day specified in the writ before the said King to render their reasons if they thought good And the said Shireeve did also give advertisement thereof to Will. de Whetacre Steward of the Liberties for the Town of Lenne who had return and Execution of writs Which William answered that he did cause Proclamation to be made thereof in the full Market of that Town upon Tuesday in Easter week in the same year with advertisement that all those whom the said obstruction might concern should attend the said King likewise at the time before expressed to manifest their reasons in that business The like Writs did the said King send to the Shireeves of Suffolk and Cambridgshire Which Shireeve of Cambridgshire scil Will. le Moigne made return that he did cause the like Proclamation to be made as abovesaid viz. that all those whom the said obstruction did concern should attend the said King upon the xvth of the holy Trinity to set forth their right c. And because that the King received information before the said xvth of the holy Trinity that the before-specified Edmund Peverell dyed and that Elizabeth his Wife did jointly hold the said Mannour with him the said Edmund he issued out another Writ to the said Shireeve of Cambridgshire whereby after recitall of the whole business he required him to summon the said Elizabeth to appear upon the said xvth of the holy Trinity when Inquisition was to be taken thereof to propose what she could touching her right then in question Which Writ beareth date the xijth of May in the year abovesaid And upon the same xv of the holy Trinity the said Shireeve making return of his Writ there came Adam de Fincham the King's Attorney and likewise the Jurors for the said Counties of Norfolk Cambridge Huntendon Lincoln and Northampton But neither did the said Elizabeth nor any of the Marshland Land men nor of the Counties of Norfolk Suffolk and Cambridge having Lands thereabouts make any appearance at all Whereupon the said King sent another Writ to the before specified Geffrey le Scrope his associats requiring them without farther delay to proceed to the taking of the said Inquisition upon the same xv of the holy Trinity Which VVrit bears date the xii of May in the year abovesaid At which time the Jurors for the County of Norfolke impanelled and sworn did say upon their Oaths that Walter de Langton â— sometime Bishop of Coventre and Lichfield did for the Drayning of his Mannour of Coldham about one and thirty years then past cause a stop to be made at Outwell of the before-mentioned water by reason whereof those men who had occasion to go with Ships and other Vessels laden with Goods and Merchandize from Holme Yaxley and other parts thereabouts unto the Port of Bishops Lenne in Norfolk as also such as had a mind to return directly from thence to Peterborough and the parts aforesaid could not passe with their Ships and Vessels as antiently before that stop was so made they had used to do but were forced to go a long way about viz. by Old Wellen hee and Lyttle port which in going to and fro is fifty miles and more whereby Corn Timber Wool Reed Turf Stone and other Commodities were the dearer and so likewise were Fish Herings and other Victuals by reason of that circuit to the damage of the Inhabitants of Norfolke CCl. every year And being asked in whose soyl the said stop was so made at first they answered in the Kings soyl and said that the Common Road passage for ships and Boats had wont to
distringendum per amerciamenta alio modo prout c. All which was by the Authority of the Common law id est the antient usage of this Kingdome as the learned Sergeant Callice well infers from the words dignitatis suae Regiae all Prerogatives being without limitation of time Now for the Statutes The first of these was in 6 H. 6. and this adds to the power of the said Commissioners for it gives them Authority to make Officers to take Accounts of their Expenditors to set Labourers on work and to rate the wages of such Labourers Then that of 8 H. 6. Cap. 3. which supplying the defect of the former grants power to the said Commissioners to ordain and execute the Statutes Ordinances and other things to be made according to the effect and purport of the said Commissions Next that of 18 H. 6. Cap. 10. which continueth the power of that Statute of 6 H. 6. for ten years longer the time first limitted therein being then expired Then that of 23 H. 6. Cap. 9. prolonging that of 18 H. 6. to xv years more Next that of 12 E. 4. Cap. 6. which not only addeth the like number xv years more thereto but enlargeth it to the Marches of Caleis Guynes and Hammes on the borders of France and Flanders Then that of 4 H. 7. Cap. 1. prolonging that of 12 E. 4. to xxv years more Likewise that of 6 H. 8. Cap. 10. ratifying the former Acts and giving power to the Lord Chancellor of England for the time being to grant out Commissions of Sewers into all parts of this Realm Next that of 23 H. 8. Cap. 5. in the Preamble whereof there are these words viz. the King nothing erthely so highly weighing as advancing of the CommoÌ„ profit wealth and Commodity of this Realm Whence saith the before-specified learned Sergeant it appeareth that the making of this Law was of all other thought to be most necessary and of greatest consequence the King preferring the same before any earthly thing and the King's care therein became his Royal person very worthily because by this Statute safety was brought to the Realm and wealth and profit to the people thereof In that Preamble 't is likewise observable First that Marshes and low grounds had formerly been by politick wisdome won and made profitable for the good of the Common-wealth Secondly that if more speedy and further remedy were not had and provided though divers provisions had been formerly made yet none of them were sufficient remedy for reformation thereof And thirdly that power is given thereby to six Commissioners of Sewers whereof three to be of the Quorum to take any man's timber c. to be used therein and to set the price thereof as also to sell any mans Lands nay the King 's also or part thereof in fee or for what other term they pleased All which being confirmed by the King 's Royal assent had thereunto are not to be repealed but by Act or Parliament and makes them therefore an absolute Court to hear and determine all things concerning Sewers After this about two years viz. 25 H. 8. Cap. 10 there was another Statute which extendeth this last Commission to the Town and Marches of Caleis and imposeth a penalty of five Marks upon every Commissioner who shall refuse to be sworn according to the Act of 23 H. 8. Then that of 3 4 E. 6. Cap. 8. which taking notice how beneficial the Statute of 23 H. 8. had been to this Realm ordained that it should continue with these additions thereto for ever viz. that all Skots Loâ—s and summs of money thenceforth to be rated and taxed upon any of the King's Lands his Heirs or Successors for any thing concerning the Articles of the said Commission of Sewers should be gathered and levied by distress or otherwise in like manner and form as should and might be done in the Lands of any other persons And that no Commission of Sewers should thenceforth have continuance for above five years after the date thereof Next that of 13 Eliz. Cap. 9. which authoriseth the Commissions of Sewers thenceforth to stand in force for the term of ten years next after their dates unless they were repealed by reason of any Commission or by supersedeas And lastly that of 3 Iac. Cap. 14. which comprehendeth the Walls Ditches Banks Gutters Sewers Gates Causeys Bridges Streams and Water-courses having their passage into the River of Thames and within two miles of the City of London as subject to the Commissions and Statutes of Sewers and to the penalties of the same To these for removing of some scruples touching the power of the Commissioners of Sewers for erecting of new Sluses and for making new Cuts and Drayns where none were before I shall add the opinion of those two Chief Justices viz. Popham and Anderson men famous in their times for their learning in both these Cases and which is observed by the before-specified Serg. Callice in his said Reading upon the Stat. of 23 H. 8. As also of Sir Henry Hobart Knight Attorney general to King Iames. In 43 44 Eliz. a great controversy did arise in the County of Lincoln about the erecting of two new Gotes at Skirbeck and Langare for drayning the waters of South Holland and the Fenns into Boston Haven which work Sir Edward Dimock Knight did by himself and his friends further what he could but it was opposed by the Country of Kefâ—even and they very exception taken thereto was that the Commissioners of Sewers could not by the power of their Commission make a Law for the erecting of these new Gotes where never any stood before Whereupon the decision of this point coming at length before the then two Justices viz. Popham and Anderson they delivered their opinions that the said new Gotes if they were found to be good and profitable for the safety and advantage of the Country they might be erected by the power of this Statute The like controversie arose in 12º Iacobi in the Counties of Cambridge Huntingdon and Northampton about the making of new Cuts and Drayns in the Isle of Ely by the power of the Commissioners of Sewers which being much opposed the businesse came in the end to be heard before the King and the Council Whereupon the said King by the advice of his Council upon mature deliberation comparing the undue proceeding of those who had disturbed his Commissioners of Sewers in those Counties with the antient Laws of this Realm as also with the constant practice of antient and later times and the opinions of the Lord chief Justice Popham delivered in writing very exactly and fully upon the said Questions touching the power and authority of the said Commissionersâ— it being objected 1. that the Commissioners had no power to raise new Banks Drayns or Sluses where there had been none before 2. that they might not lay the Tax upon Hundreds Towns or the Inhabitants thereof in general but upon
Beryall and Westmore fens to Wellenhey River and thence through certain Fenns of Norfolk into the Ouse about Mayd lode would be most necessary and that without so doing the Fenns could never be drayned Thence we went to Rebbech where Brandon River alias Ouse parva falleth into Ouse neer Preist houses Thence to Sotherey and Modney Thence to Helgay bridge Thence to Fordham Thence to Salters lode where Nene falleth into Ouse which is a very great descent viz. ten foot from the soil of the Fenns to the low water mark besides the natural descent of the Fen-grounds from the Uplands of Huntingdon-shire thither Thence to Wisbeche Thence to Tower house and so to Hobbs house where we observed that Plantwater which cometh out of Nene at great Crosse to the said Hobbs house with Staven Ea which were wont to run to Tower house and so to Wisbeche do now run from Hobbs house by Hunster stones through Hobbs dike into March River Thence we went to Marche and Dodington and between Dodington and Chateriz there is a small lode Besselinges lode which runneth through a low Marish Fenn Thence to Chateriz Towns end where there is a Sewer called Chateriz leame growing from the West-water at Chateriz Ferry unto Dodington weeles Thence to Mephall and there saw Mephall lode which runneth from Sutton lode Thence by water to Cambridge In which passage we took notice that Harrymere gravell was a great means of the overflowing of Grant As also of Burwell lode Swaffham lode and Botesham lode all which do fall into Grant Upon this view Mr. Hunt who was the Artist for the Drayning represented to the said Commissioners what Cuts Banks Sluses Clows c. would be in his judgment farther necessary in order to the perfecting this work all which they signified under their hands to the Lords of the Council together with their opinions how much it would tend to the honor and inriching of the Kingdome but declined in regard of shortness of time to give any estimate of the charge thereof or upon what conditions it would be meet to take it in hand And upon the xxiiiith day of the same Month the King himself by his Letters bearing date at Grenewich taking notice of theirs to the Lords of his Councill as aforesaid incited them to fall in hand speedily with the work and the rather because that was a dry Summer and so the more proper for it intimating also that for the better expediting thereof he had imployed his Chief Justice Popham to take pains therein Whereupon such good speed was made that upon the xiiith of the next Month this following certificate was delivered in to the said Commissioners then sitting at Wisebeche The true content or number of Acres in the Fenns described in the general Plot lying without the Fen-dikes as it was delivered by William Hayward Gent. Surveyor upon his Oath at Wisbeche 13 Iuly 1605. Acres BUrrough-soke great Fen with some severals by Catts-water 8015 Burrough little Fen. 900 Croyland Fenns in three pieces 2000 Certain several Fens and wet Meadows lying in Ely between Borrough Little fen Borrough great Fen and Catts water 763 Thorney grounds containing in all 15850 whereof in hard land 400 Acres in Fenn 15450 UUisbeche Hundred high Fen with Sutton Fen and Throkenholt severals 8365 Ladwers Ixwell-moore the Rivers c. and other severals betwen Coldham bank Bishop's dike the division of March UUelney-River and Darcey-lode 0740 UUittlesey and Stanground Common Fenns with divers severals and half severals between the old Ea and Thorney bounds the division of UUisbeche high Fenns and Dodington fenns and from that division by the High stream and Ramsey-mere to Knuts delph and by that Delph up to Horsey brigg in which bound Ramsey hath a part of a Fen next to Ramsey mere containing 2800 Acres 24435 Other Fens between the said Delph the high stream Ubmere UUittlesey mere and so by Conquest lode to Pocket-holme and the high Land 7390 Certain Fens in Huntingdonshire between the high land skirts and Ramsey-Hards and Mere and the said high stream and Conquest lode 13455 Other Fenns of Huntindonshire lying between Ramsey Mere the high stream to Benwick the West-water to Erith brigge and the skirts of the high land between the said Bridg and Ramsey Hards 13340 The Fenns of Dodington cum membris Common and several 32000 Hony Fens in all 370. viz. Hard land 90. Fen 280 Chateryz Fens together with certain Fens of Sutton and Byall fen with some severals lying between the bounds of Dodington and Hony the West-water Sutton lode and Oxwillow lode 20700 Sutton Fens on the South of Sutton lode between the West-water Haddenham fens and the Hardes of Haddenham Sutton and Mephall 2910 Haddenham fens between the former Fens the River of Ouse Wilberton fens and Haddenham hards 3870 Willingham fens on the South of the Ouse on the West of Aldrey-Causey besides Hempsall on the East thereof 2920 Wilberton Fens with part of other Fens between the Ouse and Hard land to Ely bridge 2790 Grunty-fen encompasseth with the high lands 1694 A Fen more North between Sutton lode by Coveney and the hard land of divers Towns compassing it 3780 Downham Wodfen and other Fens between the Fens of Litle port the Ouse and Ely hard-lands to the Town 2440 The Fens of Littleport on both sides of the Ouse Common and several 12660 Westmore South of Darcey-lode and West of Welney River together with divers severals 15360 Certain Fen grounds Common and several between Welney River and the Causey dike in Upwell 1105 Certain Fens Common and several between Welney River Maid lode the Ouse and Litleport grounds 8600 Part of Wisbeche high Fen lying in Waltersey with divers severals 4320 Marshland-fen and many other grounds between Maid lode and Spalding River the Fen banks and Sea banks which will be made dry by the general drayning 4220 The Fens between Helgay brigg and Stoke brigg by the River on the South-east the high lands of Stoke Wretton Wereham Dâ—reham and Wroxham on the North and the grounds of Edmund Skipwith Gent. on the West 2900 The Fens between the high grounds of Hocwold Wilton Feltwell Methwold and Northwold high lands on the East Soke River on the North the imbanked grounds of Helgay Modney Sotâ—erey and in part the River of Ouse on the West and Brandon River from Preist houses to Brandon brigg 23290 The Fens between Brandon River on the North the River of Ouse in part and Whelpmore and Burt fen on the West Mildenhall high land and River on the South and the high lands from Mildenhall to Brandon 22120 Between Mildenhall River on the North east Ouse from Prickwillow to Ely brigg on the North West Stuntney and Soham Causey the high ground of Stuntney Noruey Soham Isleham and Worlington on the South and East contain 11780 Between the said Causey and the high lands of Stuntney on the North Ouse and Grant from Ely brigg by
suffred to run as also a Bridge presently laid over But on the xvth of March next ensuing there hapned so great a storm that it brake the Banks of this new River and drowned Neatmore with the severals adjoining So that on the xxi of the same Month of March they were constrained to stop the River at Upwell Towns end again Not long after this there was a Petition exhibited to the King by the Inhabitants of divers fen-towns without the I le of Ely in the Counties of Suff. and Cambridg humbly desiring that whereas a most laudable work of drayning the Fens c. was then recommended to the high Court of Parliament and that divers Towns lying on the skirts of those Fens would have no benefit thereby in regard their lands were very seldome surrounded they therefore might be excluded out of the intended Act of Parliament whereby a proportion of the said Fen grounds was to be allowed to the undertakers in the drayning for the supporting of their charge therein Whereupon the Lords of the Councel by their Letters dated at White-Hall upon the xxxi of August in the fourth year of the said K. Iames his Reign reciting what had been signified formerly by them as to the fecibleness of the before-specified Drayning and that the Lord Chief Justice Popham was present at the Session of Sewers held at Cambridge and gave notice to the Country that his Majesties pleasure was so far to further the same as to men of understanding might appear to be to the general good of his people as also that there was a Law then made for the said Drayning And moreover that at another Session held at Wysbeche order was taken for the drawing of a Law to be presented to the Parliament for confirmation thereof But that some persons not well understanding the state of the cause complained to his Majesty of great losses and hindrances which they were like to sustain in case the said Act should proceed and therefore desired the said Commissioners to examine the true Causes of those Complaints and to represent to them the true state of the Fens with the difference between the last years profit and that present year In answer whereunto the said Commissioners made this return to the said Lords of the Councel viz. that they did meet at Cambridge on the 22. of October 1606. for the Examination of the Petition formerly mentioned and that they found few reasons to fortify it but such as were or might be provided for in the intended Bill all persons with whom they had treated having acknowledged that the want of drayning was an inestimable hurt to those Fenny Countries And that whereas an objection had been made of much prejudice that might redound to the poor by such drayning they had information by persons of good credit that in several places of recovered grounds within the Isle of Ely c. such as before that time had lived upon Almes having no help but by fishing and fowling and such poor means out of the Common Fens while they lay drowned were since come to good and supportable Estates The Chief Contents of the Bill handled in Parliament Anno 4. Regis Jacobi touching this general Drayning The limitation of time allowed to Sir Iohn Popam Knight Lord Chief Justice and the rest of the Adventurers for accomplishing the work was to be ten years after the end of that Session of Parliament The particular Cutts and Drayns c. to be made by the Undertakers were as followeth 1. A New River with a Bank and In-dike from the Upland neer Peykirke between Weland and Burrow Bank unto or neer Heddike Corner and thence to Crouland water head and there to place a Sluse and so to great Porsand Bank with a Dam over the River to the said Bank to keep in Weland from overflowing 2. To amend the Leame from Peterborough to Guyhirne and to cut a new River and Bank on either side of the said Leame with Indikes for preserving of the Banks the North Bank to begin from Burrow little Fen Bank where six of the Commissioners shall think fit 3. To enlarge the River from Guy hirne to Wisebeche and so to the four Gotes 4. To make a sufficient passage for the River of Ouse from Erith to Salters lode either by enlarging its Chanel or embanking c. And to make two new Rivers to begin about Erith brigg and so to go by Sprall's were to Mayd lode and so through Denver fen into Ouse about Denver hithe with sufficient Banks and Indikes c. and Sluses at the upper end of the new Rivers and West water in such sort as the Navigation in old Ouse and Grant may not be impaired 5. To imbank in all needfull places Grant Mildenhall Brandon and Stoke Rivers viz. Grant from a Corner below Clayhithe ferrey Mildenhall and Brandon Rivers from their entrance into the Fens or from some other more convenient places And Stoke River from Stoke Causey unto the places where they fall into Ouse and to enlarge them where need is with Banks and Indikes c. as six of the Commissioners should think fit 6. And to make new Rivers Banks Indikes c. where need is c. yielding to the owners of the Lands such recompence as any six of the said Commissioners should think meet As also Bridges passages Sluses and Land Eas. 7. That they may take in water to maintain fishing so as the same be kept within Banks and be not hurtfull to the adjoyning Fens 8. To make Ferryes and Ferrey houses where need is 9. That for this performance the Undertakers c. to have in severalty 112000. Acres Statute measure by the small hundred by assignation of the Commissioners 10. That where there is sufficient waste to answer the Undertakers and leave sufficient for the Commoners the Land owners not to be impeached in their severals 11. That the Commissioners do respect both quantity and quality in their opportioning 12. That such opportioning be made before Michaellmass A. 1007. if they may 13. That of Waltersey the Undertakers to have 2. full parts of 3. to be set out as aforesaid 14. That the Undertakers shall have the soil waters and fishing of all the new Rivers so to be made with the Banks Indikes c. 15. That they shall begin to take their profits as they finish their draynings 16. That if any of the grounds shall be again overflowen recompence to be made to the parties damnified out of the 112000. Acres to be assessed by any six Justices of the Peace whereof 2. of the Quorum where such surrounding shall happen 17. That all grounds adjoyning to these Fens which are bettered by the Drayning shall contribute towards the charge of the Undertakers as any six or more of the Commissioners shall think meet 18. That all Mannors Wastes and Common shall have metes and boundaries set to them by the said Commissioners where the bounds are
known and so likewise where they are not known to do the like which boundaryes shall stand good for ever And that if the Commissioners cannot agree the difference to be certifyed to the Lord Chancellour or Lord Keeper for the time being who with the assistance of certain Judges of both Benches to determine it And that within 3. years after such determination the Owners and Commoners to make division Dikes in bredth and depth as shall be thought fit by their Lords and the Homage 19. That the Commons shall be stinted by the Lords and greatest part of the Freeholders and Copyholders Commoners with the allowance and consent of the Judge of the Isle or one of the Justices of Assize of the County 20. That the Cottagers upon the Lords waste not having right of Common because they have been suffred to take benefit of the wastes shall be provided for by the Lords and Homage in every Mannour in the said wastes as the Lords and Homage shall think fit 21. That of the 112000. Acres belonging to the Undertakers no more then 4d. an Acre to be paid for the Tithe thereof for ever yearly 21. That after the said Drayning there shall be a Corporation or body politick of xxx known discreet and sufficient persons by the name of the Governours of the Fens within the Isle of Ely c. to purchase c. Lands to sue and to be sued by that name the first of these to be Martin â—ishop of Ely Sir Anthony Mildmay Sir Iohn Peyton Governor of Gernâ—ey Siâ— Oliver Crumwell Sir Robert Bevyll Sir Edw. Coke Attorney General Sir Iohn Cutts Sir Iohn Heigham Sir Rob. Wingfield â—ir Rob. Cotton Sir Edw. Apsley Sir Henry Warner Sir Miles Sandys Sir Simeon Steward Sir Thomas Lambert Sir William Rumney Knights Humfrey Tindall Dean of Ely Anthony Irby Tho. War Thomas Rawlyâ—s and Henry Totnall Esquires Iohn Eldred Roger Oâ—field of London Merchants Iohn Fyncham and Iohn Hunt Gentlemen And when these dy new to be chosen by the most voices out of such Lords or Undertakers as shall have 1000. Acres at the least of lands assigned to them 21. And that the Governours for ever shall have assured to them 112000 Acres statute measure which they may keep for ever and the profits to be imployed for the perpetual maintenance of the drayning and satisfaction for drowning as before so far as it will suffice and when it will not suffice the Governours then to lay a Tax of all the rest to do it withall 22. And that the said Governours may make Laws for the maintenance of the drayning and levying such Taxes in cases aforesaid and put them in execution being ratified by the Lord Chancelour Lord Keeper or the Lord Tresurer and the two Chief Justiceâ— or any three of them whereof the Lord Keeper or Tresurer to be one And the Governours to let the lands to them appointed to the best value so as they exceed not the term of seven years An. 4o. Iacobi Regis Cap. 13. Observations out of the Act for Drayning of certain Fens c. within the I le of Ely containing about 6000. Acres and compassed with a Bank called the Ring of Waldersey and Coldham THat Francis Tindall Esquire Henry Farre and Iohn Cooper Gentâ— having undertaken to endeavour the drayning c. shall have power for the space of 7 years ensuing the end of that present Session of Parliament to effect the same the lands so intended to be drayned lying within the Bank beginning at Kekys mill and thence extending by Tower house and Hobbes house to Tylney hirne so by Maryes dam and Elme leame to Fryday bridge and thence by Redmore dike Begdale and Goldike to Kekys mill again And that for the doing thereof they may have power to make new or repair as need is all Drains Lodes Banks c. and Sluces as they shall think fit not being in Marshland withâ—in the old Pow dike giving such satisfaction to the owners as by any six Commissioners of Sewers whereof three inhabiting within the said Isle and thrâ—e within the County of Norff. shall be set down VVhich Undertakers c. having accomplished the said Drayning to have two parts in three of the lands so drayned to them and their heirs to be set out by six of the said Commissioners at the least whâ—râ—of four inhabiting within the said Isle which two parts to be holden of the chief Lord of the Fee c. in free and common Soâ—age and to be exempt from payment of any Tithes for 7 years after the time limited for the said drayning But if the said grounds so undertaken c. shall in deâ—ault of the said Undertakers be overflowed and so continue by the space of two months betwixt the Feast of S. Mich. the Archangel and the Annunciation of our Lady or the space of one month betwixt the Feast of the Annunciation of our Lady and S. Michael the owner by the view c. of any six of the said Commissioners to re-enter and to enjoy the same Things most observable extracted by me W. D. out of the Verdict of the Iurats for the Hundred of Clakclose and Freebridge in Marshland at a Session of Sewers held at Ely 26 Iulii An. 1608. 6 Iacobi 1 THat the River of Welle from Salters lode to North delf and so upward was then in great decay in depth and bredth for want of clensing c. 2. So likewise the Sewer called Small lode in Upwell being stopt c. 3. That the Sewer called London lode lying in Upwell ordained for the Drayning of the Fen called Nâ—atmore was aâ—â—o in some decay 4. That the Sewer called Maide lode beginning at Welney water extending to Shiplode and so to the River of Ouse was imposed upon the Undertakers to scour c. 5. That the Sewer called New dich in Littleport taking its head from Welney water and extending to Crekelode in Sothrey and Helgay was then in decay c. 6. That the Sluse at Crekelode end next to the River of Ouse being utterly decayed to be new made with a dore six foot broad and 8 foot deep 7. That there was a new Sewer in Upwell then lately begun by the late Lord chief Justice Popham which taking its head out of the River of March neer a place in Upwell called Newdich end and extending in self through the Common of Upwell c. to Wadyngstow and so through Neatmore falleth into Welle River at North delph is esteemed to be a perfect Drayn for the most part of the Isle of Ely especially the whole Hundred of Wisbeche and the Towns of Upwell March Dodington Wimlington Benwick Chateriz Whitlesey Litleport and other adjoyning places even to the high Lands 8. That the Common Sewer in Sothery called Stake lode was then in great decay 9. That the River of Wysse from Helgay brigge to the River of Ouse was then defective in bredth and depth and to be amended The
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
bound by good and sufficient security to and for the costs and charges to be expended for the perpetual maintenance of the said works that is to say one thousand five hundred Acres whereof five hundred Acres of the said West fenn to be part and a thousand Acres of the best grounds of the said East fenn to be the rest yearly to be let out to the intent and purpose that two thousand pounds might be levyed and kept in the hands of the Mayor of Boston aforesaid for the time being to be imployed for and about the repairs of the said works and the profits of the said grounds to be to the use of the said Undertakers untill the value of five hundred pounds should be spent in and about the repairs of the said works and then the said profits to be imployed and made two thousand pounds to be bestowed from time to time upon the said works for ever when occasion should serve And at another Session of Sewers held at Boston aforesaid upon the xv of April the next ensuing year recital being made of the Laws before-specified and of the undertaking of the said Sir Anthony Thomas and his Participants there was another Decree made that for their charges therein they should not only have the one half of the said East fen and a third of all the severals adjoyning thereto and likewise the fourth part of all the surrounded grounds lying in the West fen and the severals thereto adjoyning limited and appointed to them by a former Decree but some farther augmentation in certain other particular places Whereupon the said Sir Anthony and his Participants began the work in September following and prosecuted it with so much diligence that at another Session of Sewers held likewise at Boston upon the xvi of Iuly 10 Caroli by Thomas Hâ—ughton Esquire Mayor of the Borough of Boston Sir Raphe Maddison Knight Walter Norton Richard Finsham George Pulton Rouland Hale Iohn Knight Esquire and Thomas Bedford Gent. Upon their view of those late surrounded grounds viz. East and West fenns North fenn Earles fen Armetre fen and Wildemore fen and other the drowned Commons and adjacent surrounded several grounds lying on the North and North East of the River of Witham within the extent of the said Commission undertaken by Sir Anthony Thomas Knight and his participants they adjudged the same to be so drayned as that they were fit for arable Meadow or Pasture And that there was not above sixteen hundred seventy and three Acres remaining drowned of three thousand Acres of Pits Holes Deeps and hollow places which were permitted to be leâ—t covered with waters besides the Rivers Drayns Sewers and VVater-courses within the whole Levell undertaken by the said Sir Anthony and his Associates to be drained within four years not then expired uâ—till Michaelmass next following according to the before-specified Law of Sewers made at Boston xv Maii 6 Caroli and of another Law of Sewers made likewise in pursuance thereof at Boston aforesaid xv Apr. 7 Caroli And in another Session of Sewers held also at Boston aforesaid upon the xi of August the next ensuing year recital being made of the former Decrees whereby the one half of the said East fen and a third part of the severals adjoyning thereto and a fourth part of the West fen as also the fourth part of all the surrounded grounds aswell Several as Common formerly taxed lying in the said West fen were decreed to the said Sir Anthony and his Participants for the Drayning thereof the Commissioners did fully ratifie the same proportions as they were then set out by particular metes and bounds CHAP. LVII The Eight Hundred fen THere is likewise another great Marsh lying in this Northern part of the great Levell called Eight hundred fen but antiently Haut huntre fen containing twenty two thousand Acres the Drayning whereof was undertaken by the late King Charles of blessed memory and to that end in a Session of Sewers held at Boston 28 Martii 13 Car. a Decree made that a Tax of xxs. the Acre should be laid upon sixteen thousand Acres thereof to be â—evyed upon the Inhabitants of Braytofte Swineshed Wigtoft Soutterby Alderchurch Fosse dyke Kirton Frampton Wiberton Hole Dockdike and Boston claiming Common therein But this Tax being not paid accordingly the said Commissioners sitting again at Boston aforesaid upon the first of Iune then next ensuing declared the said King to be the sole Undertaker for the drayning thereof and that the work should be perfected within six years next after that present Session or any other time that six of the said Commissioners should limit and did for recompence of the charge which should be expended therein Decree to him the said King his heirs and successors eight thousand Acres thereof to be set out by any six of the before-specified Commissioners after the accomplishment of the said Drayning FINIS THE INDEX IMprovements by Banking and Drayning in Forein Countries viz. Egypt pag. 1. Babylon 5. Belgique Provinces 10. Frizeland 14. Gallia Cis-Alpina 9. Greece 6. Holland 12. Holstein 15. Italy viz. Fossa Mariana 9. Fucine Lake 9. Placentia 9. Pompein Marshes 6. Zeland 15. Improvements by Banking and Drayning in England viz. in Cambridgshire 299. Isle of Ely 356.180 The siege thereof by King William the Conqueror 186. Thorney 360. Derbyshire 138. Essex viz. the Marshes on Thames 74. Havering and Dagenham Levell 82. Gloucestershire 213. Kent The Marshes on Thames 59. Lesnes Marsh 62. b. 65. a. Plumsted Marsh 62. b. East-Kent 36. The Ordinances of Edmund de Passele Iohn de Ifield and Stephan de la Dane there 36. The Ordinances of Iohn de Lovetot and Henry de Apuldrefeld there 38. Romeney Marsh 16. The Laws for Conservation thereof made by H. de Bathe a Justice Itinerant in 42 H. 3.19 The Ordinances by Iohn de Lovetot and Henry de Apletrefold 16 E. 1.24 b. The Ordinances made by Henry de Apletrefeld and Bertram de Trancrey 18 E. 1.27 a. The Ordinances made by Thomas de Lodelow 35 E. 3.31 Immunity to the Bayliff and Jurats 33. b. Incorporation of its Inhabitants 34. b. Huntendonshire 365. a. Ramsey ibid. Wittlesey mers 363. a. Kent and Sussex 83. The ordinances of Iohn Fogg and his fellow Justices concerning the Marshes betwixt Robertsbrigge and Romeney 52. b. Lincolnshire The Marshes on Ankholme 150. Axholme alias Hatfield Level 141. Holland 219. a. Crowland 219. a. 179. Kesteven 194. a. Deping fen ibid. 206. a. Lovell's undertaking to drain it 206. b. Kesteven and Holland 198. b. The Marshes in Lindsey 153. b. Folsedike 167. a. The Marshes on Witham 168. b. Middlesex The Marshes in the Suburbs of London 73. b. Middlesex and Essex The Marshes on Thames 69. Norfolk 288. a. Maâ—shland 244. The old Podike first raysed there 245. a. When first repaired and how 246. b. 248. a. The new Podike made there 264. a. Northamptonshire 368. Nottinghamshire 138. a. Somersetshire The
xxvi of September in a Session held at King's Linne in the County of Norfolke there was another Law of Sewers made called Low fen and UUalsingham fen Law the tenor whereof is as followeth viz. Whereas there are about 1300 Acres of low grounds lying together in the several Parishes of Upwell and Outwell in the County aforesaid between Popham River on the South and the Bank called Bardyke and Churchfield dike on the North and Outwell Crest towards the East which are preserved from overflowing by the said Crest and by the Bank on the North side of Popham river aforesaid which low grounds may be drayned c. And that the repairing of the said Crest and of the North Bank of Popham River will be a defence to the new Powdich and a great preservation to the Countrey of Marshland And whereas the drayn from Plawfield in Upwell to Hodghyrne and there falling into Rightforth lode and thence by a Sluse neer Stow bridge into the River of Ouse is very defective c. which being repaired would be sufficient to drayn all those low grounds We do ordain and decree c. that it shall be lawfull â—or the Landholders and Commoners of and in the said low grounds c. to drayn them through the said Sewer And we do farther ordain that the said Sewer from the said Sluse to a place called West head shall be diked c. ten foot broad in the bottom at the least and in depth proportionable c. And from thence to UUelle river x foot broad and 5 foot deep and the greater part of the menure to be cast on the South side of the said Lode from UUest head to the East end of Hodg hirne for the making of a sufficient Crest to hold the waters within the brink thereof And that there shall be placed in the North end of Churchfield dike in Outwell a Sluse of Brick with a tunnel of two foot broad and three foot high with a dore to be pulled up shut c. And from the said Sluse a Drayn or Sewer to be made under Churchfield dike on the East part thereof to the North end of Champney-Corner And from thence to continue the same Drayn in an antient Dike between Outwell Common on the North c. to North delph Upon Tuesday being the 8th of October following in the night tide the Dam made by Mr. Hunt for Coldham a little below Stow bridge broke up and on Wednesday being inwardly taken with a little light Moor broke again So likewise on Thursday being taken with earth between Planks set end-wise it brake again and continued running till Sunday Oct. 13. At which place there assembled that day Sir Raphe Hare and six other Commissioners who laying the command of the work and order of it upon Mr. Richard Hunt he with the assistance of the Country took it in hand and made it firm before the return of the next Tide But as we see by how little was done in this and most of the precedent years that the general Drayning went but slowly on notwithstanding the King himself as also the Lords of the Council and those Gentlemen who were constituted Commissioners for that purpose had so earnestly endeavoured the speeding thereof so was there now such a stop for the space of five years at the least that there nothing appeareth of consequence to have been farther prosecuted therein by reason of the opposition which divers pâ—rverse spirited people made thereto by bringing of turbulent sutes in Law aswell against the said Commissioners as those whom they imployed therein and making of libellous Songs to disparage the work of which kind I have here thought fit to insert one called the Powtes Complaint COme Brethren of the water and let us all assemble To treat upon this matter which makes us quake and tremble For we shall rue it if 't be true that Fenns be undertaken And where we feed in Fen and Reed thei 'le feed both Beef and Bacon Thei 'l sow both Beans and Oats where never man yet thought it Where men did row in Boats ere Undertakers bought it But Ceres thou behold us let wilde Oats be their venture Oh let the Frogs and miry Boggs destroy where they do enter Behold the great designe which they do now determine Will make our bodyes pine a prey to Crows and Vermine For they do mean all Fenns to drain and waters overmaster All will be drie and we must dye 'cause Essex-Calves want pasture Away with Boates and Rodder Farewell both Bootes and Skatches No need of t'one nor t'other men now make better matches Stiltmakers all and Tanners shall complain of this disaster For they will make each muddy Lake for Essex Calves a pasture The fethered Foules have wings to fly to other Nations But we have no such things to help our transportations We must give place oh grievous case to horned Beasts and Cattell Except that we can all agree to drive them out by Battell Wherefore let us intreat our antient water Nurses To shew their power so great as t' help to drain their purses And send us good old Captain Floud to lead us out to Battel Then two-peny Jack with Skakes on 's back will drive out all the Cattel This noble Captain yet was never known to fail us But did the Conquest get of all that did assail us His furious rage none could asswage but to the Worlds great wonder He bears down banks and breaks their ranks and Whirly-giggs asunder God Eolus we do thee pray that thou wilt not be wanting Thou never saidst us nay now listen to our canting Do thou deride their hope and pride that purpose our confusion And send a blast that they in haste may work no good conclusion Great Neptune God of Seas this work must needs provoke thee They mean thee to disease and with Fen-water Choake thee But with thy Mace do thou deface and quite confound this matter And send thy Sands to make dry lands when they shall want fresh water And eke we pray thee Moon that thou wilt be propitious To see that nought be done to prosper the malitious Though Summers heat hath wrought a feat whereby themselves they flatter Yet be so good as send a floud lest Essex Calves want water Upon great complaint therefore of these their doings made to the Lords of the Council I find this Order made by them bearing date at White Hall upon the 8th of November in the xiiijth year of the said King's Reign viz. That whereas sundry vexatious sutes had been brought against his Majesties Commissioners of Sewers and their Officers by divers obstinate persons for executing the Orders c. of the said Commission to the great hazard of the inundation of many large Levells in the Counties of Northt Hunt Cambr. and Linc. That the said Lords well weighing these undue proceedings and the antient Laws of this Realm evidenced from divers notable Records in