Water-courses and other necessary means And for execution of that their Statute and Ordinance in this behalf the said Iustices by the said assent upon the said Friday at Lyde aforesaid did nominate choose ordain and constitute of the Land-holders within those limits except before excepted Henry Bate and Simon Godard Bayliffs Andrew Bate John a Bregges and others Iurats Peter Fermour and Will Aleyn Collectors and Stephan Lovecock and John Inglet Expenditors of and in those Lands and Marshes except before excepted for the preservation safeguard and defense of those Lands and Marshes except before excepted and the Banks thereof And the said Bayliffs xxiiij Iurats Collectors and Expenditors so named chosen ordained and constituted personally and severally before the said Iustices upon the same Friday at Lyde aforesaid did take their Oaths and were chardged viz. every of them to his Office and to all which thereto pertained or should pertain in that businesse to do exercise and perform well and faitfully that is to say the said Bayliffs according to the form and effect of the Oath of the Bayliffs whereof mention is hereafter made and the before-specified xxiiij Iurats according to the form and effect of the Oath of the Iurors afterwards also recited and the said Collectors according to the form and effect of the Oath of the Collectors afterwards likewise noted and the said Expenditors according to the form and effect of the Oath of the Expenditors in like sort hereafter specified Also forasmuch as it did evidently appear to the said Iustices by the view and Inquisitions aforesaid made and taken in form aforesaid that the said Banks called Symondes Wall and Kent Wall and also the said Banks of those Marshes called Est mersh aad Becard within the limits aforesaid were defective and broken in divers parts to the great peril of inundation thereby like to befall all the said Lands and Marshes within the limits aforesaid except before excepted unlesse a speedy remedy were applyed it was ordained and decreed by the consent aforesaid that the said Banks should be sufficiently repaired and new made with all possible haste and so repaired and made new to be kept and continually maintained for the defence and safeguard of the said Lands and Marshes within the limits aforesaid except before excepted And as to the reparation and renewing of the said Banks called Symondes Wall and Kent Walle to be forthwith for the present made it was upon certain reasonable considerations moving the said Iustices decreed and ordained by the consent aforesaid that every person having Land within the said Banks called Symondeswalle and Kent Walle and the Bank called Goneswalle within the limits aforesaid for every acre of his Land there And likewise every one having Lands in the Marsh called Ockolt within those limits for every Acre of his Land there should pay two pence more than any other Land-holder within the Marshes aforesaid except before excepted should pay for one acre there to the assessing of the Tax for the instant repair and new making of those Banks called Kent Walle and Symondes Walle And then afterwards for ever according to the Ordinances and Statutes of Romeney marsh aforesaid all the Land-holders within the Lands and Marshes aforesaid except before excepted for the time being equally to contribute to the repair maintenance and custody of all the Banks of those Lands and Marshes within the said limits except before excepted for the repairing sustaining and making what should be for the defence and safeguard thereof viz. every of the said Tenants according to the proportion of his tenure and number of his Acres and Perches there And that the reparations scowring and making of all the Sewers Ditches Water-gangs Gutters and Bridges in the said Lands and Marshes within the limits aforesaid except before excepted then being or to be made for the safeguard and defence of the same should be done at the chardge and expenses of such as antiently they had wont to be Also it was ordained and decreed that it should be lawful for the Bayliffs Iurats Collectors and Expenditors of the Lands and Marshes aforesaid within the limits aforesaid except before excepted for the time being and for every of them and to all Labourers and Workmen imployed about any work to be done for defence and preservation of those Marshes except before excepted to go ride drive and carry upon and over the Land called the inner Forland and outer Forland of every Bank witin those precincts except before excepted or the Land lying neerest to that Bank and in other places wheresoever within those limits except before excepted where it should seem good to the said Bayliffs and ten or eight of the Iurats aforesaid to do and perform such things which do or should belong to their Offices or to do that work in such sort as in the like case had wont to be done in Romeney Marsh and as it should be expedient to be done for the putting the Statutes and Ordinances in execution which had been or should be made by said Iustices And if it should happen that any Land-holder within those Lands and Marshes except before excepted who ought to contribute to the premisses for his Lands therein in form aforesaid to be deprived or hindred of any way to go ride drive or carry to his Lands there or other Lands adjoyning by reason of the inundation of salt water or the raising of any Bank or other thing for the defence and safeguard aforesaid there made or to be made or so to be stopped or prevented that he could make use of the said way and having no other passage either to go ride drive or carry in form aforesaid it should be lawful to him for the future during the time of such his hinderance to go ride drive and carry upon and over the Land called the inner Forland adjoyning to the Bank or Banks wheresoever in the said Lands and Marshes within the before-mentioned limits except before excepted where he should think most meet to go ride carry and drive to his Land there or to his adjacent Land and over the said Bank or Banks overthwart them to such his Land without the impediment of any person whatsoever repairing and maintaining at his own proper chardges the said Bank or Banks sufficiently in that part where he the said Land-holder should so happen to go ride drive or carry Also it was decreed and ordained that twice every year for ever there should be held a principal and general Last within the said Land and Marsh except before excepted by the said xxiiij Iurats for the time being or ten or eight of them at the least viz. once within the xv me of Easter and again within the xv me of S. Michael the Arch-Angel at Brokland or in another place within the precinct of those Lands and Marshes except before excepted to be summoned and appointed by the Bayliffs aforesaid for the time being and that other several Lasts should be there
Commonalty And in like manner at either of the said principal and general Lasts there should be yearly made an Accompt of the Bayliffs aforesaid before the said Lords of the Fees or their Attornies if they would be present thereat and before those of the Iurats and Commonalty as would also be there present viz. of those things whereof it should happen or concern the said Bayliffs to make Accompt that is to say to be made by Indentures betwixt them the said Bayliffs and the said Iurats Commonality The Oath of the xxiiij Jurats It was likewise decreed and ordained that every one of the said xxiiij Iurats to be elected in form aforesaid should swear that he together with his Fellows would make right Iudgements Decrees and Awards not favouring any rich or poor aswell for making distresses and assessing of Taxes as of the Banks Land waters Water-courses Sewers Ditches Gutters and Bridges to be made repaired and maintained or taken away and of all other impediments whatsoever within those limits which should happen to be removed and for punishing offenders And it was farther ordained that the said xxiiij Iurats should make exercise and perform and have full power and authority in making exercising and performing all and singular the things specified in the said Oath to be by them done exercised and performed That the xxiiij Jurats be observant to the Bayliff Also it was decreed and ordained that the said Iurats or three or two of them should attend the Bayliffs for the valuing and selling in places accustomed or that should be thereafter assigned for that purpose the distresses taken and impounded for three dayes at the most and that they should cause to be enrouled all Iudgements Decrees and Awards by them made and cause Indentures thereupon to be made betwixt themselves and the said Bayliffs for the time being The Oath of the Collectors and Expenditors It was also decreed and ordained that the Collectors and Expenditors to be chosen as aforesaid should swear that they would faithfully levy collect expend and Account in form aforesaid for all Taxes assessed or to be assessed before the said Lords of the Fees and by the said Bayliffs and ten or eight at the least of the Iurats aforesaid according to their Ordinance And the like observance to be made in all Sewers within the before-specified limits except before excepted before the Lords of the Fees touching every such Sewer if they would be present thereat And it was ordained and decreed that the said Collectors and Expenditors should make exercise and perform and have full authority and power of making exercising and performing all and singular the things specified in this Oath to be done exercised and performed The Oath of the Bayliffs and executions to be made by them It was also decreed and ordained that the said Bayliffs chosen or to be chosen as aforesaid should swear to make faithfull execution of the Iudgements and Determinations of the said xxiiij Iurats ten or eight of them and of those things which did or should belong to them to judge determine and award And that the said Bayliffs in their proper persons should chardge all the Collectors aswell of the general Assessment as of the several as aforesaid upon their Oaths that they should faithfully levy collect expend and accompt for the same And that the same Bayliffs in their proper persons should take view of all the Banks Water-gangs Sewers Gutters and Bridges within the before-specified limits except before excepted as often as need required at least twice in the year viz. once in the moneth of January and again in the moneth of May. And that they at the going out of their Office should deliver unto their successors all the evidences in their custody that is to say the Charters of the Kings of England if they had any such in their hands the Ordinances and Statutes of the Lands and Marshes within those limits before-specified except before excepted the Copies or Exscripts of the said Statutes and Ordinances the Roules of Iudgements Considerations Decrees and Awards of the said xxiiij Iurats ten or eight of them and the Rents with all the processe of Accompts of the Bayliffs Collectors and Expenditors whatsoever had in their time And it was also decreed and ordained that the same Bayliffs should do exercise and perform and have full power and authority of doing exercising and performing all and singular the things specified in this Oath which were for them to be done exercised or performed That Damms or Fords be not made It was likewise decreed and ordained that it should not be lawful to any one for the future in the said Lands and Marshes within the limits aforesaid except before excepted to make Dams or other impediments in any Lands or Land-eas Water-gangs Ditches or common Gutters there whereby the common course of the waters might in any sort be hindered or any publick damage grow there and if any such thing were done and the same witnessed by the said Bayliffs and six of the said xxiiij Iurats the party delinquent be amerc'd and the amerciament levyed by the said Bayliffs to the common profit aforesaid And moreover if any other than the Commonalty of those Lands and Marshes within the said limits except before excepted did receive prejudice therein he should make satisfaction to the party wronged at the discretion of the said Bayliff and six Iurats aforesaid That the Taxes Assessed be proclamed It was also decreed and ordained that every Tax assessed in the said lands and Mar within those limits except before excepted be publickly proclamed in certain places there and that the dayes and place of payment be thereupon assigned and proclamed to the end that ignorance may excuse none when and where within the precincts aforesaid those Taxes ought so to be paid The buying of Acres It was also decreed and ordained that every Acre in the said Lands and Marshes within the limits aforesaid except before excepted being necessary for the Banks in-Ditches and Water-gangs to be therein made should be bought for xls. and measured by a rod of twenty foot And that if before that present Friday any Bank called a See Wall should be raised within those Lands and Marshes except before excepted upon or of any mans land there or that any Forland or in-ditch should be made for the defence and safeguard of the said Lands and Marshes except before excepted from the peril of the Sea and that it were fit or expedient that the said Bank Forland or in-ditch for this defence and safeguard to be longer maintained and kept so that the Land-holdeâ— upon whose ground that Bank was raised or where the said Forland or in-ditch were made could not occupy the said Land and receive his peculiar profit thereof and that such Tenant had never any satisfaction for the said Land it was decreed and ordained by the consent abovesaid that the same Bank Forland and in-ditch should be raised and kept
in form aforesaid as long as it should be meet so to be done for the safeguard defence aforesaid And that for every acre of the common measure xls. as aforesaid be paid to the Tenant of the said land where the same Bank Forland or in-ditch was so placed And if it should happen so hereafter that there were any other defence on the out-side the said Bank and Forland by the casting up of the Sea or otherwise to be made for the avoiding the danger of the Sea so that thenceforth there were no need of maintaining any such Bank Forland or in-ditch nor longer keeping thereof in form aforesaid it should then be lawful for the said Land-holder and his Heirs to repossesse his said Land again and use it as he pleased paying to the Bayliffs aforesaid for the publick commodity asmuch as ought to be paid to the said Tenant for the same Land in form aforesaid And in like manner to be done concerning the Land upon which or where any Bank Forland or in-ditch by virtue of the Statutes and Ordinances aforesaid within those limits should happen to be made in form aforesaid to be avoided And that it should not be lawful for any man to take away to his own peculiar work or any other place any workmen imployed in the publick work for the safeguard of the said Lands and Marshes except before excepted before such time as the said publick work were compleated And if it hapned that any person were convicted hereupon by the testimony of the said Bayliffs and six of the said Iurats that he be amerced in the common Last in x s which money to be levyed forthwith by the said Bayliffs to the common utility aforesaid Likewise it was decreed and ordained that all the Sewers in the said Lands and Marshes within the limits aforesaid except before excepted should be so kept in every place that the water might not run out of it's right course there to the damage of any one upon penalty of the quantity of the offence to be levyed by the said Bayliffs to the common benefit as often as any one should in the principal and general Last be convicted thereof by the testimony of the said Bayliffs and six of the said xxiiij Iurats And it was also decreed and ordained that the Bayliffs Iurats Collectors and Expenditors of the said Lands and Marshes within the before-specified limits except before excepted should for the time being do and execute and have full authority and power of doing and executing within the said Lands and Marshes except before excepted viz. in the premisses and all other things for the continuall conservation defence and safe custody of those Lands and Marshes except before excepted and of the said Banks and other things fit and profitable for the defence safeguard and custody thereof viz. in making orders and doing other things in the Lasts aforesaid in laying of Taxes and Lots and the taxing and levying of them their Wanes and double taking of distresses detaining prizing and selling thereof choice and removal of all Officers as also of imposing of penalties and punishments and of all other things necessary and profitable for the safeguard and defence of the said Lands Marshes and Banks except before excepted and of all other things proper for those safeguards and defences viz. according to the form of the Ordinances and Statutes aforesaid and in such sort as according to the form of the before-mentioned Statutes Ordinances and Customes of the said Romeney marsh and the Concessions for the preservation defence and safe custody of the said Marsh of Romeney had used there to be done no Custome by any person formerly introduced notwithstanding Provided alwayes that if hereafter at any principal and general Last within the limits aforesaid in form aforesaid it should seem more expedient to the Lords of the Fees within those limits except before excepted for the time being or the greater part of the Lords of the Fees to have one Bayliff than two of and in the said Lands and Marshes except before excepted to do and exercise all things there according to the form and effect of the Oath and chardge of the Bayliffs above specified that then it should be performed in that behalf as it should happen to be ordained and decreed by the said Lords of the Fees or the major part of them And in like sort if thenceforth it should seem more expedient to the said Lords of the Fees or the greater part of them and to the said Iurats or the major part of them to have fewer Iurats than xxiiij or one Collector and not two or one Expenditor and not two of and in the Lands and Marshes within the limits aforesaid except before excepted to do exercise and perform in the premisses according to the form and effect in the Oaths of the said Iurats Collectors and Expenditors specified that then thereupon it should be so done on that behalf in such sort by the said Lords of the Fees or the major part of them and the said Iurats or the major part of them as should happen to be ordained done or decreed any thing in the premisses notwithstanding The Penalty of making rescue from the Bayliffs xxiiij Jurats or any of the Officers aforesaid It was likewise decreed and ordayned that if any person should make rescue or give resistance to any such Bayliff Iurat Collector or Expenditor of any distresses whatsoever taken or to be taken or any other things to be done or executed by them or any of them through pretext of the Ordinances and Statutes aforesaid or any of the premisses and that thereupon the party were convicted by the testimony of the said Bayliff and six or eight of the said Iurats or Dike-Reeves where any such distress should happen to be taken he should be punished by an amerciament of xs. of his goods and Catalls Lands and Tenements by the Bayliffs aforesaid to be levyed for the common profit aforesaid And it was farther decreed and ordayned that no Shireeve nor any of the King's Officers should make Replevin of any distresses taken by the Bayliffs of the said Lands and Marshes within the limits aforesaid except before excepted which should be for that time for any thing contained in the said Statutes and Ordinances taken or to be taken nor any of the said King's Officers to arrest any one within those limits except before excepted being then in the publick work And lastly it was decreed and ordained that if and when any Tax should be assessed by the said Iurats ten or eight of them in any principal special or several Last within the limits aforesaid except before excepted by reason of the premisses and proclamed in form aforesaid and that at the day and place of payment thereupon limitted and assigned any part of the said Tax were unpaid to the said Collectors that then the said Bayliffs for the time being should lay out of their own proper moneys so much
Acres and a half Iohn Gisors Iohn Peyrun and Maude de Cauntebrig held xxxij Acres the Master of the Hospital of S. Thomas the Martyr of Acon in the said City of London ten acres and Walter Crepyn half an acre and that the said Lord of that Mannour dimised the residue of those hundred Acres to the Bondmen of the said Mannour to hold at will and to repair and maintain the Banks Ditches c. aforesaid every man at his own proper costs upon the said Lands so to him demised And they farther said that the said Lord and his Court of Stebenhethe did then decree and ordain by the assent of those his Tenants two men called Wall Reeves to oversee the said Banks c. upon the ebbing and flowing of the Tides and to warn all the Tenants of the said Lands as often as need should require to repair them and likewise to present the defaults in the Court of the said Lord at Stebenheth to the end that the defects might be thereupon amended by the said Lord and his Tenants And that the said Lord ought to have of every such Tenant so in default for the repair aforesaid for every peny three pâ—nce And so to settle the order of defence repair and maintenance of the said Banks c. in time to come and likewise the manner of choâ—sing and constituting the two men aforesaid in the said Court of the Lord to oversee those Ditches c. and to warn the Tenants when need should require from that time forth for ever Which Custome and usage had ever been exercised from that time from time to time by the Tenants of the Lords of that Mannour untill that present day the state and Title of which Lord was then in the Bishop of London And the said Jurors moreover presented that through the default of the Bondmen of the said Bishop who then held the said Lands in Stebenhethe of him the said Bishop in form aforesaid and were so obliged to those repairs but could not perform them the Banks and Ditches were broken and torn and the Lands and Tenements aswell of the Free-holders as others peâ—ilously and with great damage overflowed And it was farther enquired whether any of the said Tenants did ever contribute to the aid of any other Tenant for the repair and maintenance of those Banks c. upon any such breach hapning in former times And it was answered no For they said that every Tenant had wont to repair and sustain all the Banks c. upon his own proper land at his own chardge upon perill which might befall And because that the before-specified Free-holders who were not guilty of the said breach nor the default thereof as by the said inquisition was found whereas they should have had benefit by the repair of those banks as in reason they ought and contrarywise sustained great losse that they might have their action therefore if they saw good And that the said Bishop and his Bondmen through whose neglect those breaches drowning and damages came should be distrained from day to day for the repair and maintenance aforesaid By reason of which Inquisition for that the King was informed that the said Bishop and his Bondmen did refuse to perform those repairs at their proper costs and chardges upon their lands bordering on the before-specified River the Shireeve had command that he should summon the said Bishop to appear in the Court of Kings Bench in the xvmâ— of S. Iohn Baptist to shew if he could why c. who came accordingly and alleged that soon after the said Inquisition was so made all the defects in the Banks upon his and his said Bondmens Lands were by him and them sufficiently amended and repaired and the judgement given upon the same Inquisition â—ully executed and therefore saith that the Lands and Tenements aforesaid were not overflowed and drowned through the default of the Bishop and his Bondmen in not repairing and maintaining the Banks c. aforesaid upon those their Lands But he said that on the Even of the Circumcision of our Lord in the xviith year of the said Kings reign there hapned a mighty floud proceeding from the tempestuousnesse of the Sea which overflowed all the Banks aswell those that were against other mens lands as those against the lands of the same Bishop and his Bondmen and drowned all the said grounds Which floud afterwards in it's retreat to the Sea made a certain ground-breach upon the Land of the said Bishop which could not be repaired by the labour of one Tenant so that every man having any land so overflowed ought to be chardged equally for his proportion towards the repair thereof according to the Custome of the Marsh. And farther said that if all the Land-holders there would joyn together for the repairing and maintaining of the said ground-breach in common he the said Bishop and his Bondmen would be ready for their proportions to assist and contribute thereto And Adam de Fyncham the King's Attorney then said that the said Walls c. were so broken and torn through the default of repair by the said Bishop and his Tenants upon their own grounds that all the before-specified Lands and Tenements were thereby overflowed and in divers places drowned as aforesaid to the great damage and peril of all those Land-holders And that this he was ready to make proof of And the Bishop said as he did before and that if there were any overflowing at all it was occasioned by the said impetuous floud which went over all the said Banks and Ditches and which made that ground-breach before-specified in it's retreat and not by the default of him and his Bondmen aforesaid and desired that this might be enquired of by the County And so likewise did the said Adam then the Kings Attorney Whereupon the Jurors in the said Court of Kings Bench in the xvme of S. Michael and said upon their Oathes that the Banks Ditches c. upon the coast of Thames situate betwixt the said Hospital and the Town of Shadwell were not broken through the default of the Bishop and his bondmen and that the said Lands were not so overflowed and drowned through any defect in repair of them For they said that all the Land was so overflowed by the means of that huge floud before-mentioned occasioned through the vehement tempests from the Sea about the Feast of the Circumcision of our Lord before-specified which ran over all the said Banks and Ditches and which in it's fall to the Sea made the said ground-breach whereby those Lands became afterwards often overflowed and drowned And the said Jurors being asked who ought to repair that ground-breach answered that according to the Custome of those parts every man having any part in the said Land lying betwixt the said Hospital and Shadwell ought and had wont to contribute according to his proportion to the repair and maintenance of such a ground-breach when it should happen And therefore
written and indented betwixt them the Bayliff the xij Skawers and all the Commons of the said Marsh and so in like wise the Bayliff to make his accompts of such things as pertain unto him to account for And if any of the said xij Skawers make default at the said Last or principal Court except they have a reasonable excuse they shall be amerced in xijd. to the common work to be levyed by the Bayliff Likewise if any of the Skawers dye or be put out of his Office within the year upon any reasonable cause that then another be chosen and put in the principal Last or Court by the Lords of the Fee the Bayliff the xij Skawers and the wisest eldest and most discreet men of the Commons of the said Marsh. In like manner that election be made of the Collectors and Expenditors so that they be not chosen of the before-specified xij if any other may be found able within the said Marsh. And if any of the said xij Skawers Collectors or Expenditors be chosen and will not make his Oath according to the said Ordinance that then he be amerced in xxs. to be levyed for the common work as aforesaid and after that another be forthwith chosen and sworn And moreover if the xij Skawers be summoned to come to the common or principal Last or Court and there appear not above the number of four whereby the Decrees and Awards for safeguard of the said Marsh cannot proceed for want of more that then every person so absent shall be amerced in six pence by ihe Bayliff and Skawers then present which money shall be levyed by the Bayliff and be by him accounted for at the principal Court Likewise every man singularly of the said xij Skawers shall swear that he shall with his fellows make true Iudgements and Awards not sparing rich or poor neither of their Distresses Banks Landings Watergangs Sewers Ditches Gutts Bridges Nets or other impediments within the bounds of the said Marsh but that the trespassers be punished and also that they in their proper persons be attendant on the Bayliff of the said Marsh to take distresses and to impound them for three dayes and after that to prize and sell them according to the Custome of Romney marsh And the said Collectors and Expenditors shall swear that they shall truly cause to be levyed and Collected as also expend and account for all manner of Scottis by the Lords of the Fee Bayliff and xij Skawers or of the greater part of them and so in this manner to be made and kept in all In-streams within the bounds of the said marsh before the Lords of the towns of what In-stream soever it be if they be present Also the said Bayliff shall swear that he shall do true execution of all manner of Iudgments Awards and Considerations made and judged by the Skawers of the said marsh And likewise the said Bayliff in proper person as also all Collectors and Expenditors aswell of general Scottis as of In-streams shall swear and chardge them truly to gather and expend the said Scottis and thereof yield a true accompt And the said Bayliff in his proper person shall oversee all Banks Landings Watergangs Sewers Guts and Bridges as often as need is And shall deliver to his successor in that Office all manner of Evidences Records Payments and Exemplifications which contain the Customes of the Marsh with all the Court-Rolls Iudgements Considerations and Awards of his time made by the Skawers and judged with all manner of Accompts of receipts and disbursments Furthermore the Bayliffs Clerk shall have for his labour of the Commons of the said Marsh vis. viijd. Also it shall not be lawfull hereafter to any man to make Dams Fords set Nets or any other impediments in the Landings Watergangs Ditches or common streams in the said Marsh whereby the right course of the water may be letted and if the right course of the water be hindred by any man in such manner as aforesaid and testimony given thereof by the Bayliff and six Skawers or the Commoners of the In-streams where the hurt was made that the trespasser shall be amerced forthwith according to the proportion of his trespasse by the said Bayliff and the xij Skawers which Bayliff shall levy the said Amerciaments to the common benefit as aforesaid And if any other man than the said Commons be damaged in like sort and testimony made thereof by the said Bayliff and six Skawers recompence of the same shall be given and the harms amended to him that is so wronged according to the discretion of the Bayliff and the Skawer Likewise every Scot assessed shall be proclamed in certain places and dayes of payment assigned where and in what place they shall be paid so that those that are assessed may have no excuse but that payment be duly made at the day prefixed Moreover every acre of land lying by the said Walls and Watergangs where Guts or Floudgates ought to be made shall be bought for xls. No man shall take away from the common work any Labourer or Workman to his own private imployment untill such time as the said common work be finished and if any man shall do contrary to these Ordinances he shall be amerced in the common Last or Court by the Bayliff and the Skawers in xs. to be levied by the said Bayliff forthwith to the common profit as is before expressed Also that all manner of In-streams by whose Lands or Tenements soever they go be kept in such sort that the water exceed not it's right course to the damage of any man upon penalty of the value of such trespasse to be levyed by the said Bayliff of the Marsh and six Skawers And if any man do make an assault or rescue against the said Bayliff and the xij Skawers or against any of them or their servants for the taking of distresses or for any other manner of Article appertaining to the execution of their Offices for the common profit according to the Ordinance before-specified that then the said trespassor shall be amerced by the Bayliff and six or eight of the xij Skawers in xxs. which shall be levyed by the said Bayliff to the common work Lastly it shall be lawfull to the said Bayliff of the Marsh and the xij Skawers during their term to distrain the trespassers by their amerciaments for all manner of Articles before rehearsed and to keep the distresses three dayes except the owner pay what is due within that term And if he so do that then it shall be lawfull for the Bayliff to sell the said distresses and keep the money unto the common profit of the said Marsh. In 4 H. 4. the same Thomas Erpyngham and Prior of Michelham Will. Brenchesle and others had the like Commission for those Banks within the Precincts of Batesford Asheburneshammesmylie and Goddyngeshavene and to act therein according to the Law and Custome of this Realm Before which Commissioners the Jury presented
it was then likewise presented that the course of the water called Wythyrne was stopped by sand and weeds through the neglect of the said Abbot of Glastonbury and his Tenants of Wythyes on the one part Sir VVill. Cogan and his Tenants of Honyfpull on the other part And that afterwards the said Abbot and his said Tenants constituted the said Iohn Fytelton and Iohn Panes their Attornies to answer thereto And by another Inquisition taken at Taunton the Thursday next after the Feast of S. Giles the Abbot in the sixth year of the said King the Jurors upon their Oaths did say that the said Abbot did at Monketon maintain certain Trees hanging in the River of Tone overthwart the same stream insomuch as Boats could not passe there betwixt the Mill of Tobrigge and Bathepole as they had wont to do to the great damage of the whole Country And they farther said that the Mill called Bathepole for grinding of Corn was built in the midst of the River of Tone with stone walls six foot higher than they had formerly been by Sir Richard de Atton Knight VVhich Mill the said Abbot then had and supported And they also said that there was likewise a Fulling Mill built in the said River by the said Sir Richard de Atton after the great Plague which was then also in the possession of the said Abbot by reason whereof the said stream could not have it's passage as formerly but overflowed both the Corn ground Meadows and Pastures adjacent to the damage of all the Country And likewise that the Kings High wayes betwixt Taunton and Bathepole-brigge were so overflowed and spoyled by the flowing back of the said water that people could not travel that way and that the said Abbot ought to amend the same And they also said that by the building of those Mills and VValls the Boats which had wont to have passage that way with Merchandize from Bridgewater to Taunton were stopped and that the Fish were also thereby hindred of their course to and from those places And they said moreover that a certain piece of ground on one part in Monketon was appropriated to the said Abbot by the planting of VVillows and other Trees by the said Abbot and his Predecessors their servants and Tenants there And also that the said Sir Iohn Poulet Knight had appropriated the ground on the other side by the like plantations so that the Chanel which had been antiently xxx foot wide was not then above x or xij foot in bredth from the said River of Bathepole to Criche by reason whereof boats could not passe therein as they had wont to the great damage of the Country To answer all which chardge the Abbot and his Tenants appeared by their Attorney upon the Wednesday in Easter week in the seventh year of the said King and as to the bank called Southelake wall first presented said that it was in Othery and not in Weston which is parcel of his the said Abbot's Mannour of Sowy And farther said that he held a certain piece of ground called Southlakemore in Othery aforesaid containing about xl Acres of land Meadow and Pasture that it was parcel of the said Mannour and lay betwixt the same Bank and a certain Bank called Burwall which Mannour the said Abbot held as parcel of the foundation of his Church of Glastonbury and that he and all his Predecessors were seized thereof time beyond memory as in the right of their said Church And he alleged moreover that there was a certain River called Paret which is adjacent to the said ground called Southlake mere into which River the Sea water did flow and ebb and that the said Bank called Southlake wall was and had been there time out of mind for safeguard of the same ground called Southlake mere aswell to defend it from the inundation of the Tides flowing in by the said River as of the fresh waters descending by that and other Chanels to the damage thereof And that there was in that ground a certain high way called the Drene extending it self through the midst thereof And that the said Abbot and all his Predecessors and Tenants of Othery had time out of mind maintained the said Bank called Southlake wall for the defence of that ground and way as aforesaid without that that there had been any Runes Sewers Gutters Trenches or Ditches in the said Bank called Southlake wall or of right ought to be and without that that any Runes were obstructed by that bank or any bank elswhere in Weston called Southlake wall as it was supposed by the said presentment and this he was ready to justifie by the Country And as to the Presentment of the two Weres called Tappyng Weres in the River of Paret by which the current of that water was hindred he said that he held the Mannour of Sowy as parcel of the foundation of his Church of Glastonbury as also a certain Floud-gate called Tappyng Were in the said River which is parcel of that Mannour and so supposed to be to the damage of the Country And said that the same Floud-gate had been there time out of mind and that he the said Abbot and all his Predecessors were seised thereof as parcel of the said Mannour and that it then was in bredth heighth and depth as much as it had been time out of mind and that the current of the said water was not any otherwise stopped than it had been time out of mind and that he was ready to make proof thereof by the Country And as to the presentment of the said pleck of Osiars so appropriated by him the said Abbot and his Tenants in Weston he said that it was amended and totally removed and that this he was also ready to prove And as to the planting of the said Trees and appropriating of the soyl he said that he was not guilty and that he was ready to prove it And because the said Tenants could not justifie that the said nusance was removed at the time of the said presentment they were amerced at half a Mark. And as to the Watâ—rcourse called Wythyrune which was obstructed as aforesaid the said Abbot and his Tenants of Wythies answered that the said nusance was amended at the time of the said Presentment and long before and that this he was ready to prove And as to the Presentment that he had suffered Trees in Monketan to hang over the River of Tone and overthwart the same so that Boats could not passe to and fro he said that those Trees grew above Bathepole mills where Boats never used to passe neither could or ought to do and that the said Trees were not any nusance all which he was ready to justifie And as to the Presentment that Bathepole mill was built in the midst of the River of Tone with stone VValls higher by six foot than they formerly had been And that there was also a Fulling Mill built there c. And likewise that the
the breach and ruine of another Sluse called Oxhowe by which the said fresh waters passed to Scales gole the damage whereof was Lxl. yearly to the said Town And they also said that CC. Acres of Marsh belonging to the same Town viz. in Rushemershe and Newemershe were overflowed by the said tides to the damage of the said Inhaâ—itants more tâ—aâ— six Marks yearly And that the said â—own for repairing of the Sea-bâ—nk containing two miles and an half in lâ—ngth and of the Bank of Pokedichâ— containing one mile in length was at the yearly chardge of xxxix and upwards And they said that in the before-sâ—â—cified year and afterwards sixscore aâ—res of land belonging to the inhabiâ—â—ntâ— of UUest Walton were overflowed by the Sea-tides to the yearly damâ—ge of xl â— by reason that the Sea-banks were with such fearfull tempests so broken as aforesaid and that the charge in repair of them came to more than Lx. per annum And that they did yearly repair for every acre of land lying in the said Town six foot and two inches of the said Sea-banks and likewise for every acre one foot of the said Bank called Pokediche the charge whereof amounted unto xl â— yearly and more And that they also spent xl. per annum in repairing of Gutters and Sewers for draining of their land And they said that fiftie three messuages and three hundred acres of land in that Town were drowned and utterly lost for ever by the inundation of the Sea And they lastly said that in the year aforesaid and afterwards ten messuages and an hundred acres of land beloâ—ging to several persons within the Hamlet of Enemeth were utterly destroyed and drowned by the same inundation of the Sea And that the Inhabitants of that Hamlet were at the yearly charge of xxxl. and more in repairing of the Bank called Pokediche for the safeguard of their Land Upon the return of which Inquisition wherein those their great losses and constant yearly charges were so evidently set forth the said Inhabitants of Wygenhale and the other Towns before-mentioned did again Petition the said King representing their hard usage from the Assessors of certain Fifteens and Tenths then lately granted to him in Parliament by the Commons of this Realm viz. that whereas in the eighth year of his reign the Town of Wigenhale was taxed at xxxvijl. Walpole at xxxv l. x. s. Tilney at xxx l. West Walton at xxiii l. Walsokne at xxvi l. viii s. Tirington at xl l. ix s. and Enemethe at xiii l. for the Fifteen then granted and that notwithstanding so much of their Lands had been drowned and utterly consumed as also that by reason of the frequent inundations since hapning they had little hope of the recovery thereof yet did not the said Assessors for the Fifteens and Tenth granted in the eleventh year and two more Fifteens and Tenths granted in the eighteenth and twentieth years of the said Kings reign cease to tax them as heavily as they had been levyed in the eighth year above-mentioned Lest therefore in regard of their disabilities to bear so great a burthen they should be compelled to leave the Country the said King taking the premisses into mature consideration and advising therein with his Council directed his Precept to the Treasurer and Barons of his Exchequer requiring them to accept of two parts of the several summs so imposed and to abate the third unto those particular Towns before-named The next year following the King being advertised that the Bank called Pokedyke which by the assent of the whole Commonalty in those parts had of antient time been raised and made for the defence and safeguard of the Town of Wygenhale and the parts abovesaid against the suddain inundations and violence aswell of the Sea as of the sresh waters usually annoying them was at that time so torn and broken that divers inestimable losses for default of its repair had hapned and that more were like to be in process of time unless some speedy remedy were had assigned Iohn Howard Robert de Causton Iohn de Berney Will. de Wychingham and Roger de Dersingham to take a view thereof and to enquire by the Oaths aswell of Knights as others by whose default the said breaches were so made and who they were that did commonly drive their Cattel upon the same Bank and by heavy distresses and amercements to constrain all such persons as well those who were guilty of the said breaches as those who had any benefit by the same bank together with others who were obliged to the repair thereof in case there were any such to take speedy course for the amendment of the same according to the proportion of what each man held In 26 E. 3. Sir Robert de Causton Knight Raphe de Rocheford Hugh de Walton and Raphe de Bygeney were constituted Commissioners for the view and repair of the Banks Ditches and Sewers in Walpole and Walton Several other Commissions were in the succeeding years issued out to the like purpose viz. in 27 E. 3. to the same Sir Robert Raphe Hugh and Hugh together with Thomas de Baa and Will. Durant for all those upon the Sea-coast in this Province In 28 E. 3. to Will. de Dunton Rob. de Hakebeche Iohn de Tylney Iohn de Wilton Will. Durant and Hugh de Walton for the same Sea-banks In 30 E. 3. to Iohn Bardolf of Wirmegeye Ric. de Wylughby Iohn de Berneye Adam de Shiryngham and Roger de Dersyngham for those in Suth Clenchewarton and Wigenhale In 32 E. 3. to Sir Saier de Rocheford Sir Rob. de Causton and Sir Iohn de Tilneye Knights and others for those in the parts of Mershland betwixt the waters of UUellestreme UUysebeche Welle and Wygenhale In 36 E. 3. to Rob. de Thorpe Richard de Walkefare Robert de Causton and others for those betwixt South Clenchwarton neer Lenne and Wigenhale So likewise in the same year to the said Rob. de Causton Hugh Lovet Gilbert Bernard and others for those betwixt Tyrington and West Walton About this time did the Inhabitants of UUigenhale Ilsyngtone Tilney Clenchwarton Watlyngtone Roungtone Holme Secchithe and West UUinche all in this Province of Mershland exhibit a dolefull Petition to the King shewing that whereas the said Country of Mershland had been much overflowed and surrounded by great and violent flouds of Salt water to the extraordinary damage of the said King and the whole Realm and whereas the River going to Lenne had used to run betwixt certain banks distant a sunder twelve Perches at which time all people had sufficient passage with their Boats to and fro the fresh waters free course to the Sea the Banks on one side of the said River were at that time so low by reason of the before-specified flouds that the said River was then a full mile in bredth And moreover that some of the Inhabitants of Lenne
out both in this King's time and K. Edward the second 's viz. in 35 E. 1. to William de Carleton Will. Houward Giles de Mounpinson and Iohn le Bretun In 1. E. 2. to the same Will. Howard Iohn le Bretun and Thomas de Ingoldethorp In 2 E. 2. to Henry de Staunton Iohn le Bretoun Richard de Walsingham and Thomas de Ingoldesthorpe In 6 E. 2. to Iohn de Thorpe Richard de Walsyngham and Thomas de Snyterton for the view of all the Banks Ditches Sewers c. in the Hundreds of Frethebrigge and Clackelose In 10 E. 2 to Iohn de Milford Robert de Maddingle William de Corton and Simon de B ....... for those in the same Hundreds In 15 E. 2. upon a Session of Sewers held at Tirington by Sir Thomas de Ingaldesthorpe Iohn Fytton Iohn de Hotoft and Will. Bataile the Jurors presented upon Oath that the Causey of Watlington called East wrodiche extending from Burfenne to Polberdiche and another Causey in the same Town called Polberdiche reaching from East wrodiche to the Eebrynke of Wigenhale ought to be raised in every low place so as it might be made equal with the highest and to be six foot in bredth throughout at the top And likewise that the Eebrinke at the River of Wigenhale ought to be raised in every place from Pulberdiche to Gerys dam so as it might be full two foot higher than the highest Water-mark which was in the thirteenth year of the said King Edward the second 's reign and to be ten foot broad at the top And that the Causey of Watlington called Gerys dam be raised to the same Levell as it then was in the highest place and to be xvi foot in bredth at the top And they said that the Sewer in the Cornfen of Watlington lying betwixt the Lands of William Chaplein and Iohn Saunfoly on the North part extending it self from the Meadow gate to the Broad beche ought to be scoured and a Bridge of three foot in bredth and as much in height made over the same in the way of Broad beche so that the water might run under the same without the South side of the Beche into the Hending Westward untill it should come to Will. fitz Thomas there divert the water through the midst of the narrow Beche to Skindeslediche then to run in that Ditch unto the Kings High way there a Gutter to be made 3 foot broad 3 foot high through the midst of the Kings high way and so to run in the Ditch betwixt the land of Roger Hestings and Maud Skindwell till it come to the Eebrynke in which place there ought to be a Gutter made three foot in bredth and as much in height through the midst of the said Eebrynke through which the water might passe to UUigenhale And that the said Sewer be clensed throughout so that it might contain eight foot in bredth And they said that the Gutter called Iuresgole and Goseygole with the Gutter running through the midst of the Kings High way opposite to the other ought to be enlarged each of them to the bredth of one foot and as much in height And that the Sewer extending it self from the Kings High way to the before-specified Gutters called Iuresgole and Goseygole ought to be scoured and enlarged to the bredth of six foot And for the repair and enlarging of those Causeys and Sewers that land should be purchased in some placesâ— every acre so imployed to be estimated at 5 Marks And they said that all the before-mentioned Causeys togeâ—her with the Eebrynke and Sewers aforesaid with the Bridges and Gutters ought to be made repaired inlarged and clensed as often as need required at the chardge of those which held Lands or Tenements in the said Cornfen of Walington betwixt the same Causeys or elswhere each man to be assessed according to the proportion of what he held and according to the benefit and safeguard which he had thereby And that there were in the field of Cornfen betwixt those Causeys four hundred and fourscore Acres and one rode of land And they said moreover that the Sewer in the Cornfen of Watlington extending from Eastwrodiche unto Meadow gate betwixt the arable lands meadows Sewers on the West part of Meadow gate from Watlington Hall meadow Southwards unto the Dam and the Sewer from the Lake at the Thwarlbek towards the South betwixt the Flegester and the Common and Westwards toward the Meadow gate on the East side of the Meadow gate Northwards to the Meadow gates end And the Sewer on the East part of the Beche from Polberesdich Southwards to the Gutter passing through the midst of Thurlanegate betwixt the Beche and the Hedlondole And the Sewer from the Calkecotecroft Southwards betwixt the Reyndole and Thurlongpythils and Forkescroft to the Cheker And the Sewer from the Thurlongpightels Southwards betwixt Thurlongate and the Lake to the Dam. And the Sewer from the Gutter passing through the midst of Thurlongate Westwards to Wigenhale crofts betwixt the Dam and Dich furlong And the Sewer from the Dam to Wigenhale crofts and the Dich furlong the Beche Northwards to Skindelesdiche And the Sewer on the East part of the Kings High way from the Dam Northwards unto Polberdich ought to be clensed as often as need should require so that the water coming into those Sewers might passe without any impediment at the chardges of those persons which have lands abutting upon them And that every Sewer should be six foot in bredth And they said that the Causey in Newland and Watlington on the South part of Gerys Dam ought to be raised from the land of Robert atte Dam Eastwardâ— unto the meadow of Peter fitz Iohn And that the Causey froÌ„ Gerys dam to Geylode drove lying at the East had lands in the Newland ought to be raised in every low place as much as where it was then highest and to be six foot in bredth at the top And that the said Causeys ought to be made at the chardges of those which have lands in Newlond quilot according to each mans proportion and the Commodity and defence which they have by them And they said that the Gutter in Newlond through the midst of Ee brynke betwixt the lands of Will. Lucas and of Maude the Daughter of Iohn Geylode And the other Gutter lying betwixt the land of Will. de Clenchwarton and the land of Thomas the Son of Rich. atte Greene ought to be enlarged as aforesaid And another Gutter lying betwixt the land of Thomas Bennyng ought to be enlarged As also another Gutter lying betwixt the Messuage of Will. Seaman and the Messuage of Clarice the Widow of Henry And likewise another Gutter lying betwixt the land of Iohn Leff and Peter Heward And another lying betwixt the land of Will. fitz Thomas called Wadys and the land belonging to the heirs of Thomas Bond And another lying betwixt
they also said that by reason thereof the Marshes of Burgh fen North fen Talnholt fen as also the Lands Meadows and Pastures adjacent to those Fens were overflowed and drowned when any floud of waters hapned in regard that the said waters could not pass as they formerly had done so that the Lords of those Fens with their Tenants as also the Commoners in them did lose the profit unto them belonging to the damage of the said King and the Inhabitants of those parts fifty Marks per annum Upon all which Verdicts the said Adam de Fincham then the King's Attorney was appointed to wait for judgment therein And on the morrow after the Feast of S. Iohn Bapt. next after the said xv of the holy Trinity the King sent his special Precept to the said Geffrey and his fellow Justices whereby reciting what had passed he commanded them to proceed to judgment therein according to the Verdicts aforesaid which Precept beareth date the third day of Iuly in the year above-mentioned Whereupon they gave this following Sentence viz. that whereas by the Jurors for the County of Norfolk it was found that the before-specified Dam was made at Outwell by the sad Walter de Langeton and that Robert Peverell his Brother and Heir as also Edmund Son and Heir to the said Robert did at some times repair the same and that this obstruction was to the damage of the King and the said Inhabitants of Norfolk CCl. per annum And whereas it was likewise found by the Jurors for the Counties of Cambridge Huntendon Lincolne and Northampton that the lands of Thorney fen Ramsey fen and other were so drowned aforesaid they decreed that the said Dam so raised to the hurt of the said King and nusance of all the persons before-mentionedâ— and whatsoever else was of nusance in this behalf should be taken away Whereupon the Shireeve of Norfolk had command to pull it down And in like sort the Shireeves for the Counties of Cambridge Huntendon Lincolne and Northampton were required to make the like Proclamation within their respective Liberties viz. that all persons concerned therein should be at Outwell aforesaid to aid the said Shirâ—eve of Norfolk in pulling down of the said Dam. After this about five years scil in 10 E. 3. Iohn de Shardlowe Simon de Drayton Iohn de Colvill and Iohn Claver were appointed to enquire touching the decay in the Sea-banks and Sewers in these parts about Wisebeche Tyd S. Giles Elme Leveryngton and Neuton with the parts adjacent and to take speedy order for their repair And in 12 E. 3. the King being informed that the Banks Ditches and Sewers about Wysebeche Elme and Welle were broken and out of repair issued a Commission unto Mr. Iohn de Hildesley Chancellour of his Exchequerâ— Richard de Bayeux Iohn de Wilton Iohn de Stoken and Will. Neuport to enquire thereof and through whose default they became so ruinous and who were Land-holders thereabouts or had safeguard by the said Banks and to distrain them for their repair according to the proportion of their Lands By virtue of which Commission the persons above-mentioned did intend to stop the River of Nene running to a certain Fishing called Livermere lying in the Town of Welle and belonging to the Abbot of S. Edmundsbury but were hindred from so doing After this the next year following the said King receiving advertisement from the Inhabitants of the before-specified Towns of Elme Welle and Wisebeche on the South side of Wisebeche that though it had been found by an Inquisition taken before the above mentioned Commissioners that the ordinary and chief safeguard for the said Towns of Elme Welle and Wisebeche on the South part of the River of Wisebeche would be by a Causey to be made at Gongested lake unto the Crike and thence unto Marche dyke and that the Crike should be wholly stopt up and that the said Towns could not be preserved unlesse that were done and moreover that though the said Inhabitants had often requested those Commissioners that forasmuch as the said Causey and stop being made would much redound to the common benefit of the same Towns they would cause them to be done and that at that time nothing was neverthelesse performed therein he required them that in case it were so they would forthwith call such persons before them as they should think fit to make use of therein and to proceed in effecting the same according to the tenor of his Commission Whereupon a Jury being summoned to attend them upon the Saturday next after Mochaelmass day and there sworn did say upon their Oaths that the common and principal safeguard for the whole Town of Elme Welle and Wisebeche on the South side of Wisebeche would be by making of a Causey from Gongested lake to the Crike and from the Crike to Marche diche and that the said Crike should be utterly stopt up as also that the saidâ— Causey ought to be xvi foot in bredth and four foot in height and all these things to be done at the charge of the Land-holders of Elme Welle and Wisebeche on the South side as aforesaid from Mermaunde unto the house of Iohn de Vernon and they ordained that for the performance thereof every acre of Land in Elme Welle and Wisebeche within the Precincts before-specified should be agisted at iid. and more if need required But afterwards at a Session of Sewers held at Wisebeche by the same Justices came the free-holders of Tyd Neuton Leverington and Wisebeche on the North part of the River of Wise and alleged that the obstruction of that Crike ought not to be permitted because if it should be made the water running through that Chanel called the Crike would so rise increase and stand upon the Fen-bank of Wisebeche and Leverington as that the Tenants of those Towns viz. Wisebeche and Leverington could not be able to maintain them but their said Banks would be broken and their Lands totally drowned and lost whereby more damage by half would happen to those Towns than benefit to the Towns of Elme Welle and Wisebeche on the South side VVhereunto the said Tenants of Elme and Welle answered that the water of Crike had then so swift a course by Welle unto the River of Wigenhale that though the said Crike were stop't as was contained in the before-specified Ordinance the water running by the same Crike would never turn towards Wisebeche nor do any hurt And they farther said that the Crike where the water then ran was the proper and several soil of the Bishop of Ely which Bishop might lawfully at his pleasure stop the same Whereupon came the Abbot of S. Edmundsberry by his Attorney and claimed a certain fishing in the said water of Crike of the gift of Canutus sometime King of England and brought a Precept from the King directed to the said Commissioners reciting a confirmation made to the said Abby by the before-specified King Canutus and other
to Dounham brigge unto Stow brink houses to which place it ought to be vi foot in bredth at the top and from thence unto Staple were 8 foot in bredth and of sufficient height And that the Inhabitants of Dounham Wymbottesham and Stow Bardolf ought to maintain the same in manner and form aforesaid Also they said that for the avoidance of the fresh waters falling within certain several grounds and common Fens of Denver aforesaid on the East part and South part of the said great River of Ouse there ought to be made at the costs and charges of the Inhabitants of Denver aforesaid and set at the said Hithe one good and subâ—â—antial Sluce of Stone and Timber with a falling dore for the avoidance of the said Fresh waters into the said great River And that there is an old Bank extending from Upwell Towns end by and through the Common of Upwell called Neatmore unto a place called Moule rech next unto the Common drove of Upwell extending from Upwell Towns end to Welney aforesaid the which Bank was made in the beginning as it should seem for the preservation of certain common and several Fens called Neatmore Low fen Waxbeche and Walsyngham fenns the which Fens amounting to the number of 2000 acres by estimation or more be yearly drowned by the decay of the said Bank And that the said Bank ought to be in height from the plain ground one foot and a half and in bredth in the Foundation 8 foot and in the top four foot in bredth and that the charges of making and keeping the same ought to be born by the Inhabitants of Upwell aforesaid And that there is another old Sewer called Small-lode between Upwell and Outwell aforesaid which beginneth at the great River in Upwell called Northbranch at a certain place called Welhirn yard and extending to Ingram's hirne and from thence to Seman's goole in the same Town Which Sewer ought to be scoured by the Kings Majesty for certain lands in Upwell aforesaid sometime belonging to the Monastery of West Derham by the space of three quarters of a mile And then the said Edm. Beaupre for his Mannour of Upwell â— and Will. Norman for lands sometime Iohn Aylesham's ought joyntly to keep and scour the said Smal lode from Ingram's hirne unto Seman's gole by the space of a mile And further they said that where there be 4 several fields in the Parâ—shes of Upwell and Outwell viz. Plawfield Churchfield Budbeche field and Sondy field the which fields be defended by great Banks kept by the Landholders of the said fields to their great costs they said that by reason of the aboundance of waters falling within the said fields it cannot be conveyed out of them unto the Sea by any of the Sewers before-mentioned for the avoidance therefore of the same fresh waters there ought to be made at the cost and charges of the same fields two Sewers the one to begin at a certain place in the same field called Wadingstowe and from thence directly in a Dyke by a certain Bank called Plawfield dike and so by a certain dike called Baâ—dike and then in a dyke between the Common Droves of the one part and the Lands of Robert Dannet Gent. on the other and so forth in a dike between a ground called the xxx Acres of the one part and the lands of the said Robert Dannet and Anth. Cotton on the other part and so directly into a Pipe or Sluce of Stone under the little River called the Small lode in Upwell aforesaid And the other Sewer to begin at Hilling drove in Plawfield aforesaid and to pass in two Dikes in both sides of the same Drove and so into the Common River called Hermite's Ee and from thence into a Dike between the Lands of Will. Walsyngham Gent. on both parts under the Common Drove called Sprouter's drove and so in a dike between the said Drove on the one part and the lands of William Norman on the other and from thence into the said Dike or Drayn at Bardrove and so into the said Sluce under the said River called the Smal lode and from the said Pipe or sluce unto the Dike belonging to the King in right of the late dissolved Monastery of West Dereham into the said field called Kirkfield and so in a Dike in the the same field between the Kings lands on the one part and the lands of Richard Fyncham Gent. on the other unto a certain ground of the said Richard's called Goddard's and there to be made a Dam between the lands of the King and the Lands of the said R. Fyncham And from thence the same Drayn to extend in a Dike overthware the Lands of the said Richard into a Dike of the same Richard on th' one part and the Lands of the Heirs of Peter Bateman on th' other part and there to be made a Dam between the said Lands and from thence overthwart in a Dike by the midst of certain ground of the King 's called Anbell land into a Common Drove called Dowes drove of th' one part and the said Anbell land on the other part and there to be made a new Dam between the said Lands and the said Drove And from thence to extend in a Dyke between the said Dowes drove and the lands of the King called Derebought land and the Lands late Walter Godard's and one piece of Land called Howardyn of the other part directly into Kirkfield Ditch and then overthwart in one Pipe or Gote of stone under Dowes drove aforesaid and so from thence in a Dike by a certain pasture ground of Ric. Foulesham called the xx Acres on th' other part and Kirkfield dike on the other and so in the said Dike into the Lands of Anthony Croftes and there to be made a Dam between the said Lands on the one part and the said Lands called the xx Acres on th' other part And from thence in a Dyke of the said Croftes directly by the said Kirkfield dyke unto the Common Drove called Eche drove and there to be made a Dam between the same Drove and the Lands of the said Crofte's and there to enter into a Gote or Pipe of stone under the said Drove And then in a Dike between the Lands of the said Croftes on the one part and Kirkfield Dike on the other part and there to be made a Dam on the other side of the said Drove between the same Drove and the said Lands of Croftes and so from thence in the said Dike of Croftes unto the Medow of William Norman somtime Iohn Curtis and there to be made a Dam between the Lands of the said Croftes and the said Will. Norman and from thence in a Dike between the said pasture of the said Will. on th' one part and the said Kirkfield Dike on the other part unto Kirfield Dike Corner â— and there to enter into a great Pipe of Stone and Timber under the said great River extending from
Westm. inchoato 8º Maii. An Act for Confirmation of certain Decrees of Sewers made by the Commissioners for the limits of the Levell of the River of Ancholme in the County of Lincolne WHereas Sir John Monson in the eleaventh year of our late King of Blessed memory Charles the first upon the request of the Commissioners of Sewers for the parts of Lindsey in the County of Lincolne And to do service for his Country did undertake the dreyning and improvement of the Fenns and Low grounds lying in those parts upon the River of Ancholme extending from Humber to Bishop-Brigge which were found and adjudged to be hurtfully surrounded both by the view of the Commissioners of Sewers and divers verdicts of Iuries impannelled of the ablest Inhabitants after several views taken And that the dreyning of those Fenns were ever heretofore much desired by the parties intressed therein and for that the designe of dreyning of the same was by the opinion of the said Commissioners held to be a work not only Honourable but Profitable for the Country therefore the said Sir John Monson according to the power and direction of divers Acts and Decrees of Sewers in that behalf ordeined undertook the dreyning of the said Fenns and low grounds and to make them fit for Arable Meadow or Pasture yet so as he admitted as many of the Lords and Owners as would adventure with him for their own upon the same terms he did and did at his own and his Participants great expences dreyn all those grounds Common and several Fenns within the parts aforesaid between Humber and Bishopp-Brigge conteining by estimation above twenty thousand acres in one intire Level or work of dreyning for the doing whereof the Commissioners of Sewers have by divers Acts or Decrees of Sewers Ordeined adjudged decreed and set out unto the said Sir John Monson five thousand eight hundred twenty seven Acres of the said grounds Commons and Fenns by certain meets and bounds whereby the same are distinguished and known from the rest of the Commons there which Decrees Schedules and Laws of Sewers upon the humble Petition of the Commissioners to his late Majesty had His Majesties Royal assent and were inrolled in the high Court of Chancery according to the Statute in that Case provided and were exemplified under the great Seal of England by vertue whereof the said five thousand eight hundred twenty and seven Acres were held and injoyed by the said Sir John Monson his Participants and Assignes untill the beginning of the late troubles the undertaking being performed and so adjudged upon the view of the Commissioners of Sewers May it please your Most Excellent Majesty that it may be Enacted And be it therefore Enacted by the Kings Most Excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by authority of the same That the said Sir John Monson his Participants and Adventurers aforesaid and his and their and every of their Heirs and Assignes shall have hold possess and enjoy the said five thousand eight hundred twenty and seven Acres so set out by several Decrees of Sewers by meets and bounds therein particularly mentioned and expressed whereunto his Majesties Royal assent was had and by privy Seal certified into his Majesties high Court of Chancery and there inrolled and remaining of Record according to the several divisions and allotments since severally and respectively made between the said Sir John Monson and his Participants and Adventurers their and every of their Heirs and Assignes freed and discharged of and from all title and Interest of the former owners and Commoners whatsoever Provided all wayes and be it Enacted by the Authority aforesaid That if it shall fall out at anytime hereafter that the said Fenns and low grounds lying upon the River of Ancholme between Humber and Bishopp-Brigge for which the said Sir John Monson his Participants and Adventurers their Heirs and assignes have their said Recompence of five thousand eight hundred twenty and seven Acres set out for the dreyning of the same shall again be hurtfully surrounded in default of the said Sir John Monson his Participants and Adventurers their Heirs or Assignes and shall so continue at any time for the space of six Months together except such Lakes Draines Sewers and Portions of the said parts as were excepted upon the Contract not exceeding two hundred Acres so that the same shall be found and adjudged defective in default of the said Sir John Monson his Participants and Adventurers their Heirs or Assignes by six of the said Commissioners for the time being whereof three to be of the Quorum And that the said view and Iudgment be certified upon record into the high Court of Chancery then it shall and may be Lawfull to and for the Lords Proprietors and Owners and Commoners of and in the said Fenns and grounds and their Heirs and Assignes and for every or any of them to enter into two thousand Acres of the said five thousand eight hundred twenty and seven Acres to be set out and portioned by the said Commissioners so that the said Commissioners do set forth and allot a rateable proportion of the said two thousand Acres out of every of the said Lordships and to have hold and enjoy the same and their several Commons therein in as large and ample manner as they do and shall in the other parts left to them untill the said parts allotted and left to the said Lords Owners and Commoners be by the said Sir John Monson his Participants and Adventurers their Heirs and Assigns or some of them sufficiently drayned and again recovered at his and their own proper cost and charges as is aforesaid And that after that same shall be sufficiently recovered and drained the said Sir John Monson his Participants and Adventurers their Heirs and Assigns shall have and enjoy the said two thousand Acres as aforesaid and so in like manner from time to time to gain and lose their said Pasture and Common in the said two thousand Acres upon such and the like Certificates and recovery had and made as is aforesaid for ever Provided also that if the Lords or Owners of the Lands and Grounds within any the limits or bounds aforesaid allotted to the said Sir John Monson shall desire their Lands again be it further Enacted that if they pay to the said Sir John Monson or his Assign◠the principal money by him disbursed in draining the said Level with reasonable damages for the same at or before the first day of May which shall be in year of our Lord One thousand six hundred sixty three or if any difference shall arise or happen between the said Sir John Monson and any of the said Lords or Owners touching the said principal monies disbursed as aforesaid or damages for the same which the said Sir John Monson shall demand then such summ and summs of mony for the said Principal
and damages as seven Commissioners of the Sewers or any four of them shall by writing under their hands and seals within the time aforesaid upon examination adjudge and think fit that then all and every such Lords and Owners of Lands there shall from and after such payment made have hold and injoy to him and them and his and their Heirs all and every such his and their Lands and Grounds allotted to the said Sir John Monson and his Heirs as fully as if the said Decrees of Sewers or this present Act had never been had or made the said Decrees of Sewers or this present Act or any matter or thing in them or any of them Conteined to the contrary thereof in any wise notwithstanding Provided also and be it Enacted by the Authority aforesaid That for the repairing future maintenance and support of the said work for ever in all the parts of it It shall and may be lawfull to and for the said Sir John Monson his Participants and Adventurers their Heirs and Assigns having a hundred Acres of Land within the said Level or any six of them from time to time and at all times when and as often as occasion shall require to set and impose Taxes on all and singular the Lands allotted and decreed to the said Sir John Monson his Participants and Adventurers their Heirs and Assigns And in case the said Taxes or any part of them be not paid at the dayes and times for that purpose appointed within the space of twenty dayes after personal notice or by writing under the hand of two or more of the Participants and Adventurers present at the laying of the said Tax left at their dwelling houses or in case they have not any there at the house of the present Tenant or occupiers of any the said Lands that then the said Participants their Heirs and Assigns or any six of them shall have and are hereby declared to have sufficient power and authority in the Law to make Leases for Years or Lives or absolute Estates in Fee simple of all or any part of the Lands of any person or persons so failing liable to the said Tax as the case shall require and every such Lease Leases or Sales by them so made shall be good and effectual in the Law to all intents and purposes whatsoever Provided alwayes and be it further Enacted That all and every the Lands lying within or parcel of or belonging unto the Mannour or Lordship of Saxbie in the County of Lincolne heretofore acted decreed allotted or mentioned to be decreed or allotted by vertue or colour of the Acts and Decrees of Sewers before mentioned or any of them unto Sir John Monson Knight of the Bath and now Baronet or some of the Adventurers or Participants◠〈…〉 and â—ifty Acres three Roods and twenty 〈◊〉 of Land be the same more or less parcel of the premises by the said Sir John Monson and others dreyned as aforesaid are hereby fully and absolutely vested and settled in Michael Warton of Beverly in the County of York Esquire his Heirs and Assigns for ever by and according to the limits meets and bounds in the said Decrees and Schedules Lawes of Sewers or any of them expressed or mentioned and that no person or persons shall hereafter under any pretence or colour whatsoever trouble or molest by any wayes or meanes the aforesaid Michael Warton his Heirs and Assigns for any part or parcel of the aforesaid three hundred and fifty Acres three Roods and twenty Perches of Land or any other of the Lands and Grounds in the said Mannor of Saxby so dreined but to be held and injoyed by the said Michael Warton his Heirs and Assigns freed and discharged of and from all title of interest of Common and Commoners and all other titles interests properties and claimes whatsoever but with this limitation nevertheless that the said Sir John Monson his Heirs and Assigns performing an Award heretofore made by Sir Francis Cobb Knight Dated the fourth of January One thousand six hundred and sixty between the parties abovesaid the said Michael Warton shall pay such summ or summs of mony as is contained in the said Award any thing in this present Act conteined to be contrary notwithstanding Provided alwayes and be it further Enacted That all and every the Lands lying within or parcel of or belonging unto the Mannor or Lordship of Worlaby in the said County of Lincolne heretofore Acted Decreed allotted or mentioned to be decreed or allotted by vertue or colour of the Acts and Decrees of Sewers before mentioned or of any of them to Sir John Monson Knight of the Bath and now Baronet or some of the Adventurers or Participants amounting in all unto four hundred and sixty Acres be the same more or lesse parcel of the premises by the said Sir John Monson and others dreined as aforesaid are hereby fully and absolutely vested and settled in the Right Honourable John Lord Bellasise Baron of Worlaby his Heirs and Assigns for ever with this limitation that the said John Lord Bellasise shall allow for the said four hundred and sixty Acres such rates proportionable for every Acre thereof within the Mannor of Worlaby aforesaid as is agreed to be payed by Michael Warton of Beverly Esquire to the said Sir John Monson for the dreined Lands lying within or belonging unto the said Mannor of Saxby according to the aforementioned Award made by the said Sir Francis Cobb And wheras there was one thousand pounds of lawfull English mony formerly paid by the said Lord Bellasise to some of the Adventurers for some parts of the said four hundred and sixty Acres Be it provided and hereby further Enacted That the said payment of the said one thousand pounds so formerly paid as aforesaid by the said Lord Bellasise shall stand be allowed and accompted in full satisfaction for the whole four hundred and sixty Acres and not in satisfaction of some parts thereof only upon account Nevertheless according to the foresaid rates mentioned as to the Mannor of Saxby in the said Award of Sir Francis Cobb and that no person or persons whatsoever shall hereafter either by vertue or colour of the said decrees of Sewers or under any pretence or colour whatsoever molest or trouble by any wayes or means whatsoever the said John Lord Bellasise his Heirs or Assigns for any part or parcel of the aforesaid four hundred and sixty Acres or any other of the Marrish grounds in the said Mannor of Worlaby so dreyned as aforesaid and the Lord Bellasise to bear his proportionable share of the charges of carrying on and perfecting the said work for the future any thing in this Act conteined to the contrary notwithstanding Provided alwayes That this Act or any thing therein conteined shall not extend to one hundred Acres of Land or Marsh ground situate lying and being within the North Carr of Cadney cum Housam in the County of Lincolne which one hundred Acres heretofore was
THE HISTORY OF IMBANKING and DRAYNING OF DIVERS Fenns and Marshes Both in FOREIN PARTS AND IN THIS KINGDOM And of the Improvements thereby EXTRACTED FROM Records Manuscripts and other Authentick Testimonies BY WILLIAM DUGDALE Esquire NORROY King of Arms. LONDON Printed by Alice Warren in the Year of our Lord MDCLXII TO THE KINGS MOST EXCELLENT MAJESTY Most Gratious Soveraign THE first and greatest attempt that hath been made in this Kingdom for the general Drayning of those vast Fenns lying in Cambridgeshire and the Counties adjacent was by that Prudent and Grave Prelate John Morton sometime Bishop of Ely the principal Instrument of that happy Union betwixt the two Houses of York and Lancaster as the Chanell betwixt Peterborough and Wisbeche still bearing his name doth witness And the next by your Royal Grandfather and Father of Blessed Memories the chiefest branches of that Renowned Stock Which not succeeding as it was designed by reason of the distractions of those times it will be no small Honour to your Sacred Majesty and Advantage of your Realm to compleat and make perfect that Noble undertaking To which end I most humbly offer unto your Majesty this present Historical Discourse whereby it will appear not only that divers Great and Mighty Princes and other Persons famous in their times have in Forein Parts been active in Works of this kind but how much your Majestie 's own Royal Ancestors have by several excellent and wholsome Laws promoted the like in this Kingdom Praying to the Almighty that he will bless your Majesty with a Long and Prosperous Reign that good Arts may again flourish amongst us and Virtue receive its due Encouragement to the joy of all your Loyal Subjects and amongst them of Your Majesties most Obedient Subject and Faithfull Servant WILLIAM DUGDALE TO THE READER Courteous Reader THAT the Strength of a King is in the Multitude of his Subjects is a truth which no man will gain-say Hence is it that those Countries the soil whereof is naturally fruitfull are alwaies much better esteem'd than such as be sterile in regard they afford more and better sustenance to their Inhabitants And hence is it likewise that the most civilized Nations have by so much Art and Industry endeavoured to make the best improvement of their Wasts Commons and all sorts of barren Land Amongst which advantages that of Inclosure hath not been the least whereof there is a notable instance in the Counties of Northampton and Somerset which though little differing in their extent and goodness of soyl yet if estimation may be made by Musters Subsidies Tenths and Fifteens Inclosure hath made the one more than double to exceed the other both in people and wealth as hath long ago been observed by some of great Iudgment If then the meer Inclosure and Tillage of that which naturally yielded little profit doth justly deserve so great a commendation how much more is the skill and pains of those to be had in esteem who have recovered many vast proportions of Land totally overwhelm'd with a deluge of waters And of these I need not look out for examples from abroad our own Countrey affoarding a multitude of notable Instances as the ensuing Discouâ—se will fully manifest whereby it will appear that in sundry parts of this Realm there are many thousands of Acres which do now yield much benefit yearly by Rape Cole-seed Grass Hay Hemp Flax Wheat Oats and other Grain nay by all sorts of excellent Plants Garden-stuff and fruit Trees which in former times were Drowned Lands And this was it which gave encouragement to oâ—â— two late Soveraigns of Blessed Memory viz. King James and King Charles the first to become the sole Adventurers for the Drayning of those vast Fenns of Cambridgshire and the five other adjacent Counties a worthy Work and never totally attempted till their times well discerning that by a compleat performance thereof the costly and troublesome meeting of Commissioners for Sewers the frequent great Taxes for the maintenance of divers Banks and Drains with many unhappy controversies and emulations relating thereto might be in a great measure prevented And if our industry were but comparable to that of our Neighbours in the Belgique Provinces how much more might those drayned grounds afford us for profit and pleasure than they yet do forasmuch as theirs lying below the Levell of the Sea at high Tydes is drayned by Engines which cast out the water and ours have not only a descent to the Sea but divers large Rivers and streams for leading the waters to their natural out-falls To give instance in the benefits First let us consider the large proportion of this one Levell which is no less than five hundred thousand Acres it being from the edge of Suffolk to Waynflete in Lincolnshire full Lxviii miles in a strait line And if we reckon by the bow of the Fenn which runneth up on both sides of the River Witham within a mile of Lincoln it may be well accounted Lxxx miles the bredth being in many places xxx more xx and seldom so little as ten miles so that 't is thought by some to be as good ground and as much as the States of the low Countries enjoy in the Netherlands Next for the richness of the soyl being gained from the waters doth it not for the most part exceed the high grounds thereon bordering as much as other meadows do which are ordinarily let for xxs. the Acre And do we not see that in the Marshes beyond Waynflete in Lincolnshire where the grounds are severed and trenched it is hard to find a poor man though they sit at great Rents for their Cattel being alwaies sound and thriving are therefore merchandable or if they come to a mischance yet fit for food Moreover besides the great plenty of flesh and white meats with the breed of servicable Horses let us consider the abundance of Wooll Hydes Tallow and other Commodities which this fruitfull ground now produces and that the new Chanels made for the Drayning do yield no small advantage to all those parts for the carriage of their Corn and Merchandize whereas before they were constrayned to go many miles about according to the natural bending of the Rivers And if we weigh the great inconveniences which these over-flowings have produced certainly the advantage by the general Drayning ought the more to be prized for in the Winter time when the Ice is strong enough to hinder the passage of Boats as hath been by some well observed and yet not able to bear a man the Inhabitants upon the Hards and the Banks within the Fenns can have no help of food nor comfort for body or soul no woman aid in her â—ravail no means to baptize a Child or partake of the Communion nor supply of any necessity saving what those poor desolate places do afford And what expectation of health can there be to the bodies of men where there is no element good the Air being for the most part
late years by this active and ingenious people in their great and beneficial improvements the number of the Inhabitants so much increasing as that urgent necessity enforc'd them to make use of their utmost skill for the accomplishing somewhat as might be considerable in such a case This was by drayning of sundry Lakes whereof sixteen were most considerable all which was performed within the space of these last fifty years by certain Wind-mills devised and erected for that purpose The chiefest of which Lakes called the Beemster containing above eighteen hundred Acres made dry by the help of Lxx. of those Mills and walled about with a Bank of great strength and substance is now become a place of such profit and pleasure through the abundance of Cattel that are fed in it and the plantation therein otherwise made that it may not without desert be very justly called the most famous Garden of all that Province The other Lakes so drayned as I have said do lye about the Cities of Alcmare Horne and Purmerende and are vulgarly called de Schermere de Wâ—ert de Pucmer and de Wormer Which being drayned by the help of fewer Mills are now become not only most fruitful Pastures and little inferiour to the Beemster but have so inricht the adjoyning villages by the concourse of people to them that through the great emolumeÌ„t to the publick Treasury and the abundance of Cheese and Butter there made there seemeth to be a new Holland within the old That the performance of these eminent works required extraordinary knowledge and skill which antient times had not attained to and forein Nations now admire is not to be doubted the Engines of several kinds made use of in this businesse for raising up the water and casting it off being framed by men of singular judgements in Mathematical learning and suitable to the depth of the water or opportune conveying it away Neither have the attempts of these people by the like commendable enterprizes in South-Holland about the Cities of Leden Dort and Amsterdam had lesse successe there having been divers thousands of Acres formerly overwhelm'd with water made good and firm land within these few years by the help of these Engins as I have been credibly informed by that learned Gentleman Dr. Iohn de Laet of Leyden to whom I have been beholden for much that I have here said touching these improvements in Holland in such sort as I have expressed CAP. VII FRISELAND THis Country situate also very low and much subject to inundations from the Sea wanteth not the like advantages by Walls and Banks of earth for it 's better safeguard as that of Holland hath nor of lesse antiquity I presume But those elder times I shall passe by and take notice of that remarkable and famous work of this kind done by Gaspar Roblesius a Portugal Governour of this Province and Groningen under Philip the second K. of Spain About the year MDLxxvi this worthy person having driven out Entenius a Rebel and dispersed his Forces betaking himself to works and studies besitting a time of peace perfected that famous Sea-Bank by which Westergoos a part of that Territory was defended from the overflowing of the Ocean which for many Ages had by it's tides occasioned infinite damage to the Country thereby raising to his memory a lasting Monument of his fame For by his contrivance it was that the work was set upon and by his power that the people of themselves averse and slow to so publick and beneficial a work were compelled to come in man by man to raise this strong Bank as if it had been to quench a Fire In this alone it being a work of security to the Country and for his Honour which exceeded the renown of those that had been the preceding Governours of that Country under the Emâ—perour Charles the vth and the said King Philip to last saith my Author quamdiu natura rerum aut mari limes sit i. e. to the end of the world For this famous Sea-Bank being perfected Adrianus Vastartius and Iohannes Carolus went to Harling and erected a Monumental pillar of stone upon the shore there which should give bounds to the maritime and mediteranean Westergois and thenceforth avoid all future contention about the repairing that Sea-bank in the foundation of which pillar were laid twelve thousand Bricks the height of it being xx foot above the top of the said Sea-Bank and this Inscription towards the West Caspari à Robles Equiti domino de Billi c. Frisiae Groâ—ingae ejusque territorii ac adjacentium gubernatori quod hanc provinciam praeter arma consiliis munimentis juverit ac inter caetera aggere-ipsis Kal. Nov. MDLxx funditus everso amplissimi D. Viglii Zuichemi patris patriae auxiliaribus operis adhibitis Igramo ab Achelen Pr. Adriano vastaret Petro Frittema Ioanne Carolo senatoribus conciliorum sociis novum maris propugnaculum summo labore vigiliâ celeritate decretis quoque de suo persolutis diligentiae praemiis tribus plus minus mensibus à fundamentis erexerit ad summam manum perduxerit atque hunc lapidem sublatis controversiarum litibus terminum esse voluit gratus Provincialium ordo ob rem prudenter benè fideliter gestam de se ac de Republicâ optimè merito In this Province likewise and in Groningen which adjoyneth thereto divers Lakes have also been drayned of late years which are now become most fruitful Pastures Amongst which the most notable was a certain Fenny tract which in the Dutch Language they called de Wilde Weemh which at the costs of divers Merchants of Amsterdam is become such rich meadow ground that within these six or seven years last past about the number of ten thousand people went thither to plant themselves who do now live there very happily CAP. VIII ZELANDâ— IN Aº MDxxxvi the new Haven of Middleburg in the Island of Walcren passing in a straight line from the Town unto the Bank of the Island where it falls into the Sea was finished Before this their Haven was neer unto the salt Marshes to Armuyden having a crooked course unto the Town and there very discommodious And in Aº MDxlvii Adolph of Burgundy Seignior of Chapelle and Wackene Ierosme Sandelin Seiâ—nior of Herentont Receiver of Bewesterscheldt in Zeeland and some private Gentlemen did recover and wall in about Sheerenskerke and Henkepsandt in the Country of Zuydbeveclandt otherwise called the Isle of Ter Goes the old inclosure or Poidor which is a land won from the Sea the which before the inundation was usually called Zeeshuys so as it remained a long time unprofitable but since it's recovery they call it Cray at this present a most fertile Country It would require a Volume to give instance of the sundry works of this nature in these low Countries by Banks Ditches and Sluces Nor have they been lesse active in Brabant as it should seem For in the opinion
of the learned that Country now a fair and dry habitation hath been Sea almost as far as Tongerne CAP. IX HOLSTEIN IN Holsatia likewise about Dithmarsh and the tracts of Wilstar and Crempen consisting of Low grounds and subject to inundations Iohannes Adolphus Duke of Holstein beginning in the year MDCx by notable works within the compass of five years sâ—cured many thousand acres improved the lands above three hundred thousand Dollars which being effected he parcell'd them out by gift or sale unto his Subjects reserving out of every portion a Rent unto himself Tantum territorii subditis amicis cessit ea lege ut vel aggeribus cingatur vel ab aquis intestinis liberetur hinc quotannis celsitudinis suae aerario certus Canon pro quolibet demeto numeretur as the learned Schoneveldeus reporteth CAP. X. AMERICA NEither do we want examples of this nature in America For the City of Mexico being seated in a great Lake much subject to inundations which had almost destroyed it in the year MDCxxxiiii the Spaniards with mighty industry secured that habitation by turning the Lake and so laying the City dry CAP XI HAving now done with my observations of the most remarkable Bankings and Draynings in Forein parts which by way of Introduction I thought fit to be taken notice of I come to England that being the place of my farther designed discourse on this subject Wherein for my more orderly proceeding I do purpose to begin with Kent in respect of it's Eastern situation and in it first with Romney Marsh a spacious tract in that Country and more antiently secured from the inundations of the Ocean than any other part of this Realm as may seem by the Laws and Constitutions for regulating it's repair which have been long ago made the Rule and Standard whereunto all the other Marshes and Fenns in this Nation were to conform And in the next place to take a view of the other heretofore surrounded Marshes in that County aswel adjacent to the Thames as bordering on the Sea And having so done to ascend up the stream of that fair River on the South-side And then descending on the North side to observe what I have met with which is memorable in reference to any Marshes that lye on either Thence into Sussex Somersetshire Gloucestershire Yorkshire and Lincolnshire and lastly to that great Levell which extends it self no lesse than Lx. miles and into six Counties viz. Cambridge Huntindon Northampton Norfolk Suffolk and Lincolnshire wherewith I shall conclude this work How long since or by whom this fruitful and large tract containing no lesse than twenty four thousand Acres was won from the Sea there is no testimony left to us from any Record or Historian that ever I could discover Which defect doth strongly argue that the first gaining thereof was a work of the greater antiquity 'T is true that munire viam is a phrase used by Cicero for the paving a way or making a Causâ—y And some are of opinion that here the words paludibus emuniendis are to have the like signification and to be construed in making Causeys over the Fens But if it should as I cannot well admit it must be granted that before any pavement or Causeys could be made in such places the water was of necessity first to be taken and kept off by drayning and banking So that allowing that construction what I endeavour to prove will be well enough made good viz. that the bankings and draynings both here and in some other parts of this Realm which were before that time overflowed by Sea-tides was a work of the Romans as when I come to Holland in Lincolnshire and Marshland in Norfolk I purpose more fully to demonstrate And therefore forasmuch as the Romans when they were here in Britain did something in this kind as I shall make more evident in my discourse of Holland and Marshland before specified from undoubted testimonies I cannot but conclude that this Marsh was a part thereof in regard that not long after their desertion of this Country I find mention of it and that it was then inhabited For in the year of Christ DCCXCvi it is thus said of Ceolf King of Mercia viz. that Cantiam vastavit provinciam quae dicitur Mersâ—wari which no doubt is meant this Romney Marsh For the learned Cambden in his Britannia speaking of it saith that in the Saxons time the Inhabitants thereof were called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 id est viri palustres Marshmen which accordeth fitly with the nature of this place There are who suppose that the name of it viz. Romeney doth declare sufficiently that it was at first won from the Sea by the Romans But Mr. Lambert saith that it was in the Saxons time written Rumen-ea id est the large watry place and since that Râ—menale and Romenale corruptly Consonant to which expression of his I find that the River pasâ—â—ng through this Marsh was antiently called Rumen ea For so it appeareth by that grant of Pleigmund the Archbishop made to Christs-Church in Canterbury about the year of Christ DCCCC in these words Concedo Ecclesiae Christi terram quae vocatur Wefing merse juxta flumen quod vocatur Rumen ea Having now by these circumstantial testimonies shewed that the Romans were they that by their skill and experience in such works of Banking and Drayning did first gain this rich and large tract of ground from the impetutuous Sea-tides I shall now descend to those Statutes and Ordinances which the care and wisdome of succeeding ages did make for the preservation and defence thereof from being again drowned and destroyed by the violent over-flowings of the Ocean That the Common Laws of England whereof we find no original were at first certain Constitutions made by some of the antient Kings and Rulers of this Nation there is none I presume that doubteth though there be no other authority for to back them than long usage and custome The like therefore I suppose were the Statutes and Ordinances for the conservation of this Marsh For albeit we are yet to learn when and by whom they were first framed and composed it is evident from the testimony of unquestionable Records that above four hundred years since they were called antiquas approbatas consuetudines i.e. antient and approved Customes For in 35 H. 3. the King directing his Writ to the Sheriff of Kent and thereby declaring that Complaint having been made to him on the behalf of the xxiiii Jurats made choice of for the conservation of the Marsh and Sea-Banks of Râ—menale importing that whereas in pursuance of their antient and approved Customes they had distrained those who ought of right to repair those Banks according to the proportion of their Tenements for the safeguard and defence of all the Country against the Sea And that he the said Shireeve had made Replevin of the same
distresses commanded him that in case he had so done he should return them back to the said Guardians and permit those Jurats to use their Customes and Liberties for the defence of themselves and others against the Sea as they ought and had wont to do lest farther complaint should be made thereof and that by him any peril might come to the said K. Kingdome because as the same Mandate expresseth they are ready to exhibit Justice to every Complainant according to their Customes to that time obtained and used and likewise to abide the Law as they ought and had wont to do if they had in any thing transgressed against those usual Customes By which precept he was moreover forbidden to make any future replevin by virtue of whatsoever Writ from the said King quia necessitas defensionis talis inopinata si venerit saith the Record legi communi vel justitiae subesse non poterit i.e. because the unforeseen necessity of such defence in case it should happen cannot be subject to the Common Law or Iustice Nay so tender was the said King for the preservation and security of this famous and fruitful Marsh that the next year following by his Letters Paâ—tents bearing date at S. Edmundsâ—ury the second of September directed likewise to the Shireeve of Kent making this recital viz. that because xxiiij lawful men of the Marsh of Rumenale elected and sworn for that purpose time out of mind ought to make distresses upon all those which have lands in the said Marsh for the repairing of the Banks and Water-courses thereof against the violence and danger of the Sea and upon all others which are obliged and bound to the repair of the said Banks and Water-courses he granted to those xxiiij that for the security of the said Marsh they should make those-distresses so that they were done equally according to the proportion more or lesse which each man had therein and according as some of them were obliged and bound And therefore commanded the said Shireeve that for avoiding of perill he should neither by himself nor his Bayliffs meddle with the distresses so made by the appointment of the said xxiiij Jurats Farther signifying that whosoever should make complaint to him upon consideration of the said distresses he would do him Justice in his own Court and reserve that Justice to himself or his own special Mandate But after this viz. in the 41 H. 3. it being represented to the said King by certain of his loyal Subjects that whereas time beyond memory judgements ought to be made by xxiiij lawful men of the Marsh of Romenalle to that purpose chosen and sworn for the distraining of all those which had lands in the said Marsh to the repair of the Banks aud Water-courses of the same against the force of the Sea and peril of inundation by other waters as also of all those who were otherwise obliged or bound to those repairs he the said King by his special Precept bearing date at Mertone the xvith of April directed to Henry de Bathe a famous Justice Itinerant of that time reciting his Letters Patents next above mentioned with the power thereby given to the said xxiiij Jurats touching the taking of distresses as aforesaid and signifying that the said xxiiij Jurats having had opposition and resistance by certain persons of the said Marsh who were obliged to the repair of those Banks and Water-gangs according to the quantity of the lands which they had therein were not able to make the before-specified distresses Whereupon the said Banks and Water-gangs being not repaired the inundations from the Sea and other waters overflowed this Marsh to the inestimable damage of the said King and the Inhabitants thereof Being therefore desirous to provide for his own Profit and Indempnity and the men of the said Marsh he constituted the said Henry de Bathe his Justice to hear and determine the controversies touching those repairs risen betwixt the said Jurats and the Marsh-men who were so obliged to the same repairs according to the quantity of their Lands and Tenements lying therein and according to what some men were otherwise bound or obliged commanding him that at a certain day and place to be by him appointed he should be in those parts to hear and determine the said controversies and to provide for the security and defence of the said Marsh as aforesaid And moreover to signifie in writing distinctly and plainly unto him the said King what he had done therein that the same might be inrolled And directed likewise his Mandate to the Shireeve of Kent that at a certain day and place to be assigned by the said Henry he should cause such and so many honest and lawful men of this Bayliwick to come before him by which persons the said differences might be the more fitly determined and provision for security of the said Marsh the better made And that the said Shireeve should personally assist and attend the said Henry therein as he the said Henry on the said King's behalf should enjoyn him By authority of which Precept the said Henry de Bathe with his associates viz. Nicholas de Hanlou and Alured de Dene sate at Romenhale upon the Saturday after the Feast of the Nativity of the Blessed Virgin in the said xlii year of King Henry the third before specified to which place the said Shireeve of Kent his assistant by virtue likewise of the said Writ then brought thither so many and such lawful men of his Bayliwick as aforesaid by whom these differences might be determined and provision for the safety of the said Marsh the better made And the said Henry at the request of the Councel of the Commonality of the said Marsh then and there likewise being and none of the Marsh-men gain-saying it made and constituted these following Ordinances viz. That twelve lawful men should be made choice of by the Commonality of the said Marsh viz. six of the Fee of the Archbishop of Canterbury and six of the Barony who being sworn should measure both the new Banks and the old and those other which ought to be new made the measure to be by one and the same perch scil of xx foot And that afterwards the said Iurats should likewise according to the same perch measure by Acres all the Lands and Tenements which were subject to danger within the said Marsh. And all the said measure being so made that then xxiiii men first elected by the Commonality and sworn having respect to the quantity of the Banks of those Lands which lay subject to peril upon their oaths to appoint out every man his share and portion of the same Banks which should so belong to him to be made and sustained so that according to the proportion of the Acres subject to danger there should be assigned to every man his share of perches and that the said assignation should be made by certain limits so that it might be known
maritime lands in his Bayliwick by whom the truth in the premisses might be the better enquired into and known and to do farther in the pâ—emisses as it should be decreed Who came accordingly And the said xxiiij Jurats of the Marsh before named together with the Commonality of the said Marsh said that King Henry Father of the then King did by his Charter grant to them certain Liberties in his own Lands within the said Marsh And they therefore required that those their Liberties might be preserved As also that nothing might be attempted or deâ—reed in prejudice of their said Liberties and produced the same Charter of the said K. Henry And they likewise said that K. Henry father to the then King in the xlii year of his reign by reason of a certain controversie arisen betwixt divers men of this Marsh occasioned for the repair of the Banks and Water-gangs therein sent Henry de Bathe his Justice into those parts to hear and determine the differences in that businesse betwixt the xxiiij Jurats and the same Marshmen and to provide for the defense and security thereof and against the peril of inundation by other waters in causing the Banks and Water-gangs to be repaired by those who were obliged thereto for the lands which they held therein according to the proportion thereof Whereupon they said that the said Henry de Bathe by authority of the same King Henry's Mandate ordained and decreed for them a certain Law and Ordinance by which this Marsh was to that time kept and preserved and therefore desired that they might for the future be guided and defended by that Ordinance and Law as they had wont to be till that present time And thereupon produced the said Ordinance of him the said Henry under the King's Seal And because the said Ordinance seemed consonant to equity and had been to that time approved command was given and it was decreed that the same should be in all things observed without diminution Adding neverthelesse that in regard there was no mention therein of the election of the King 's common Bayliff in the said Marsh how and by whom be ought to be chosen it was determined that for the future upon the decease of the said common Bayliff or his quitting the Office another to be chosen who should reside and have lands in this Marsh And that the said election should thenceforth be by the common assent of the Lords of the Towns Lying therein or by their Atturnies and as the Major part should determine to submit to that election because till that time the usage had been so And touching that double of the costs imposed for repairing the defaults to be levyed upon those through whose neglect they had hapned it was decreed that the same double should be levyed in such sort as by the former Ordinance had been appointed and imployed to the common profit of this Marsh and not to the bâ—hoof of the said Bayliff And forasmuch as there were divers Banks and Water-gangs in the said Marsh to the maintenance of which the commonality thereof did not contribute except only they whose lands lay contiguous to the said Banks and Water-gangs And thaâ— some through the oppression of the Lords of the said Marsh did sometime pay as much for the repair and maintenance of those Banks and Water-gangs for fourty Acres as others did for fifty which was much against the law of the Marsh and the Ordinance of the said Henry de Bâ—the It was therefore decreed and ordained that notwithstanding and Custome by whomsoever introduced all and singular persons who had lands therein which were subject to the danger of the Sea and had preservation by the same Banks and Water-gangs should thenceforth be distreined for the reparation and maintenance of them so that every man might contribute equally according to the number of Acres which they had therein and that no person be he of whatsoever state or condition that had preservation and defence thereby should be favoured And because before that time in this Marsh of Romenale beyond the course of the water of the Port running from Suergate towards Romenhale on the West part of the same Port till it come to the County of Suâ—sex there had not been any certain Law of the Marsh ordained nor used otherwise than at the will of those that had lands in the same insomuch as divers dangers and intolerable losses hapned by the Seas inundâ—tion To the end therefore that the like perils might for the future be prevented and the common benefit provided for it was agreed and jointly ordained that in the said Marsh beyond the before-specified Port towards Sussex there should be Iurats establisht chosen by the Commonality who being sworn to that purpose for the security of those parts having respect to the number of Acres lying subject to that danger and to the proportion of the Banks Watergangs to be repaired sustained there should upon their Oaths consider and ordain how much might be necessary for such repair sustentation so that according to the portion of their Acres and value of them there might be assigned in the said Banks and Water-gangs an equal portion of perches to be maintained as it is more fully contained in the Ordinance of the said Henry de Bathe And moreover forasmuch as till that time there had been no common Bayliff constituted in those parts beyond the before-specified Port towards Sussex who ought for the publick benefit take care and provide against the perils there hapning and to prevent the like for the future it was ordained that thenceforth there should one common Bayliff be made choice of in the said Marshes beyond that course of the water toward Sussex for overseeing keeping and repairing of the said Banks and Water-gangs in such places and bounds of the said whole Marsh as should seem most expedient to all the whole Commonality As also to summon together unto places necessaryâ— the Iurats of the said Marsh as often as need should require for the making of Ordinances and Laws for preservation of the lands in those parts causing distresses to that purpose to be made and levying a double proportion upon such as should make default according to the tenour of the Ordinance made by the saiâ— Henry de Bathe Provided that at the election of the said Bayliff when ever it might happen to be the Lords of the Towns in the said Marsh beyond the said course of the water towards Suâ—â—ex should be summoned and called if they would be present thereat as also the Iurats and whole Commonality of that Marsh. And it was likewise ordained that for the future the King 's said common Bayliff in the Marsh of Romenale should be the Supervisor of the before-mentioned Bayliffs and Iurats in this Marsh beyond the course of the water towards Sussex and that he should summon together to fit places all the Iurats chosen on both sides the
shall so require the charge to be raised in manner following viz. That all and singular persons having lands lyable to the danger whether situate neer or far off forasmuch as they have preservation by those Banks and Water-gangs they shall contribute for the quantity of their Lands and Tenements either by number of Acres or Carucates according to the proportion of what they hold so that to no Tenant of these Lands or Tenements be he rich or poor or of what order state dignity or condition soever either within Liberties or without any favour shall be shewed in this matter 4. That in every place for the levying of the said costs and chardges and faithfully laying it out upon the said Banks and Water-gangs two lawful persons out of the said sworn men to be assigned who together with the Bayliffs of the Liberties or Lords of the Fee shall make distresses for the same 5. And when the before-specified Banks shall be according to the Ordinance of the Iurats so repaired at the common chardges that there shall be assigned to every man his peculiar portion of the Bank by certain places and bounds to be sustained at his own proper costs according to the quantity of his Tenement and number of Acres subject to that danger so that it may â—e known where and by what places and to what portion every man is so obliged to make defence 6. And if any shall be negligent in paying their portions of the said contribution at the day appointed by the Iurats for that purpose or in his portion for repair of the Banks that he be distrained by his goods and Catalls wheresoever they should be found within Liberties or without till he have contributed his share and paid his chardge of the said Banks with double costs Which double to be reserved for the common benefit of the like repairs in those parts 7. And that those distresses shall be made by the Collectors of the said costs together with the Bayliffs of the Liberties or Lords of the Fee And being so made to â—e kept for the space of three dayes at the most if they upon whom they shall be made be stubborn or negligent for so longtime and then forthwith sold in respect of the perillous rage of the Sea imminent 8. And if aswell the Collectors as Tenants shall be found negligent in performing the premisses that then every Lord of the Fee within the compasse of his Fee shall cause the said Banks and Water-gangs to be repaired at his own proper chardge and the costs that he shall be at therein together with the double thereof he shall cause to be levyed upon the goods and Catalls of those that are negligent for his own use 9. And that no Shireeve of Kent for the time being or his Bayliff or Officer shall take any distresse touching the Banks and Water-gangs in any Marshes nor thenceforth meddle at all neither with the distresses taken by the Lords of the Fees Bayliffs of Liberties or Collectors of the costs or contributions to the said Banks and Water-gangs nor distrain them by Writ of Replevin nor deliver them by surety or pledge any manner of way 10. And it was also ordained and concluded that if the Iurats so chosen for the custody of the Banks and Water-gangs whether they shall be of this Marsh of Romenale or of other maritime Lands do refuse to come at the Summons of their Bayliffs for the necessary repair of the said Banks and Water-gangs they shall for that their negligence be punished by their Bayliffs as in this Marsh of Romenhale they had been heretofore accustomed 11. And that the Collectors also of the costs bestowed in repair and support of the Banks and Water-gangs after the said repairs are perfected shall forthwith make their accompt before the Iurats and Bayliff of that Country aswell within the Marsh of Romenhale as without of all monies assessed and levyed for the before-specified repairs as also for the double whensoever it may fortune to be levyed And if they shall not so do then to be distrained by the Bayliffs of the Country or place to make accompt thereupon Saving alwayes to the chief Lords of the Fees their right which they have and hitherto had wont to have touching the defence of their Lands according to their feoffments of levying the double according to antient custome used as it is contained in the Ordinace of the said Henry de Bathe In testimony whereof Sir Walter de Ripple and Sir William de Haute Knights Adam Wastechar William Wasteâ—har William le Ros Guy de Trulegh Iohn Amfrey Peter de Maryns Thomas le Reade Thomas Elys Hugh de Suthlonde Richard Ion William Collol Henry de Bettesangre Iordan Collol Iohn atte Ware Hamon atte Porte Iohn Sprott Iacob de Pastre Iohn de Mossederme Henry Kenet Thomas le Frensse Henry Woodman and William de Mereworth did put to their Seals That the Ordinance of the said Henry de Bathe for preserving this Marsh as it was in no mean esteem we see by all those of the Country whom it immediately concerned so had it a high regard with the succeeding Kings of this Realm as by their Confirmations thereof of which I shall in due place take notice will appear The first of which Confirmations was made by King Edward the second whose Charter for that purpose beareth date at Westminster the xxiijth of November 7 E. 2. In which he first makes mention of his Grand-father K. Henry the 3ds Patent in 36º of his reign whereby he declareth his Royal pleasure that no Shireeve of Kent shall intermeddle with such distresses as should be taken for the repair of the Banks and Water-gangs of this Marsh. And next in that of 42º which expresseth the occasion of his sending Hen. de Bathe his Justice into those parts and at large reciteth the said Ordinance thereupon then made by the said Henry And then concludeth thus Nos attendentes quod impetus maris in partibus illis plus solito jam accrevit c. i. e. We therefore taking into consideration that the violence of the Sea in those parts is grown greater than it had wont to be by reason whereof it 's necessary that a more diligent regard should be had for the reparation of the said Banks Forasmuch as by a breach in them though but small should it happen as God forbid an inestimable and inrecoverable losse must needs accrue to us and the men of the said Marsh. Purposing therefore to make prevention of such damage and peril and to provide for the safeguard of those parts aswell for our own benefit as the commodity of the said Marsh-men as we are obliged to do we do for us and our heirs as much as in us lyes ratifie and confirm all and singular the things in the said Letters Patents of our said Grand-father and the before-specified Ordinance contained Willing and commanding that no Shireeve of Kent or any of his Bayliffs
Jurats appointed the said whole Commonalty then and there being that they should make choice of one Bayliff and xij trusty and lawful men viz. six of the Hundred of Eastrie and six of the Hundred of Eornilo having Lands lying in peril of the Sea within the precinct of those Hundreds Who being accordingly chosen did â—orthwith swear that they would faithfully perform all things which on the King's behalf might therein be enjoyned Whereupon the said Commissioners appointed them that they should upon their Oaths justly measure all the Lands aswell of the Lords as Tenants which lay in danger of the Sea within those places And having so done that then the said Jurats should cause the said Banks and Sewers to be made at the common chardge of all those which had Lands in those parts within the compasse of that danger for the safeguard of them from the like peril and defence of the Lands lying so in danger And moreover that they should frequently oversee those Ditches and Sewers and cause them to be kept in repair at the common chardges as aforesaid whensoever need should require And if any of the said xij Jurats should happen to dye or could not attend the care of the said Banks and Sewers that then another of the same Hundred should be forthwith chosen by the rest of the surviving Jurats in each hundred and sworn to perform all the premisses faithfully and diligently together with the said other Jurats According to which Ordinance the said xij Jurats of the before-specified Hundred of Cornylo did then cause all the Acres of Land and Marsh lying in the said Hundred and in the peril of the Sea to be measured the number whereof were as followeth viz. Acres Belonging to the Abbot and Covent of St. Augustines in Canterbury CLiii The Tenants of Scholdone Ciii The Tenants of Northbourne Lxx. The Tenants of Fenglesham Lx. Dionyse de Foulmed Cx. Thomas de Bonyngton xcii Smothemershe contained in it self xlv Mennese of Cornylo contained Liii Collol and Laurence Marscall had one Marsh called Calhill containing iiii The Tenants of Dale CXLvi Brokes of Monyngeham x. The Fee of Scholdone CLv The Prebend of Dale xlii The Chamberlain of S. Augustines of Canterbury xiii The Tenants of Lydene in the whole CCxxxiiii The Prior of Dovor and his Tenants CCCvi The Abbot and Covent of Langedone xliii The Cotiers of Northbourne Lix The total of all the Acres MDC The total of the Assessment xxxvl. viiis. iiijd. In like manner did the same Jurats measure the Lands lying within the the Hundred of Eastrie wherein they found that Acres The Prior and Covent of Christ-church in Canterbury had in the whole CCCCiii The Tenants of Halklyng Lx. The Tenants of Worthe XC Likewise towards Henelyng iii. The Field called Herynglond x. The Field adjoyning to Herynglond on the North xv In one Marsh called Garestoft xxv In the Marsh called Stapynberghe Cviii. In the Marsh called Prestemed xv In the Marsh from Hamme bridge to the curtilage of Iohn Feykyn L. The total of all the Acres DCCLxxix The total of the Assessment xvil. iiiis. viid. Acres Sir Bertram de Trauncrey and his Tenants Lviii Iohn Fitz Bernard xl Nicholas de Sandwyche â—xxxix The Heirs of Simon de Ercheslo L. Thomas Edwards and his Partners at Sanddowne Cxxxiiii The Heirs of Henry de Schenebroke vi The total number of Acres CCCLxxvii The total of the Assessment viil. xviis. id. The total of the Acres in both Hundreds MMDCCCLvii Acres The total of the whole Assessment Lixl. xs. In the same year viz. 17 E. 1. William Barry of Rolvyndenne complaining that whereas one William de Potone in respect of his Lands lying within the Marsh of Neubrok and Rolvyndene neer to the Sea coast betwixt Smalhede and Mayhamme ought to repair and maintain certain Banks Ditches c. for the defence of his Lands and Tenements and of others having lands in that Marsh against the violence and rage of the Sea and that the said William de Potone notwithstanding that himself and his Ancestors had alwayes wont to repair and maintain them did then withdraw himself from so doing the King therefore by his Letters Patents bearing date at Ledes xxi Aug. did constitute Henry de Appeltrefeld Robert de Savauuz and Henry de Ledes his Commissioners to enquire the truth thereof and to make redresse accordingly The next year following upon the like complaint of Osbert de Forshamme Hugh de Herindenne and Eustace de Casinghamme that whereas Iohn Malemeins by reason of his lands in Rolvindenne aforesaid lying neer the Sea coast betwixt Mayhamme and Newindenne ought to repair and maintain certain Banks Ditches c. for the defence of the said Lands and the Lands of others against the force of the Sea he the said Iohn notwithstanding that himself and his Ancestors had usually so repaired them did maliciously neglect so to do by means whereof the said Osbert and others holding Lands in those parts did through the violence of the Sea undergo grievous and intolerable losses the said King by his Patent dated at Kings-Clipston 30 Oct. 18 E. 1. appointed the said Henry de Apletrefeld and Bertram de Tancre his Justiceâ— to enquire and make redresse thereof The like Commission upon the complaint of William de Barry of Rolvyndene against the said Iohn Malemeins who by reason of his lands in the Marsh of Westbroke ought to have repaired certain Banks and Ditches there and neglected so to do was directed to the before-specified Henry and Bertram In the same year 8 Dec. Hugh de Blund Iohn de Dovor and William de Gatecumbe were constituted Commissioners to oversee the Banks Ditches c. lying on the Sea-coast within this County of Kent And the next ensuing year upon a farther complaint made by the before-specified Osbert de Hamme and others against the said Iohn Malemeyns for his neglect to repair the Banks and Ditches betwixt Mayhamme and Newindenne formerly mentioned the said King by his letters Patents dated at Asherugge associated Wil. de Gaselhamme to the said Henry and Bertram to make a new enquiry thereof In 20 E. 1. the King being informed that Richard Ferynge Parson of the Church of Lymene having by reason of his Lands and Tenements belonging to his said Church at his own proper costs repaired and was still ready so to do a certain Bank at Westhethe situate neer the Sea-coast as often as need required and that therefore he ought not to contribute to the repair of any other Banks forasmuch as neither himself nor his Predecessors Parsons of that Church had ever been accustomed so to do And that neverthelesse Iohn de Chert Bayliff of Romenhale Marsh and the xxiiij Jurats of the said Marsh had newly distrained him together with others of those parts for the repair of the Banks and Ditches neer the Sea-â—oast at Appeldere the said King herefore not willing that the said Parâ—on should suffer wrong therein granted
â—is Commission bearing date at Chauâ—one the 18th of Febr. unto Stephan de Pencestre and William de Echingham to make enquiry in the Premisses and to make redresse of such injury as they should find to have been done therein And in 27 E. 1. the Sea-banks in this County being grown to decay in divers places Robert de Septvaâ—s and William Mause were constituted the King's Justices to take view of them and to take order for their speedy repair In 2 E. 2. William de Walleins and others being constituted Commissioners for the viewing of the Banks and Water-gangs in this County sate at Newcherche upon the Monday next following the Feast of S. Mildrede the Virgin in the said year where by the common assent of the Lords of the Marshes of Lyde and Oxney and the appointment of the King it was ordained that thenceforth the said King's common Bayliff in Romeney Marsh should oversee the Bayliffs and Jurats of the said Lyde and Oxney and when necessity should require to summon them together with the xxiiij Jurats of Romeney Marsh to fit places to consult of Ordinances and making Laws for the defence of the Lands in the said Marshes so that they should alwayes abide by the Determinations and Customes of the said Jurats for the lesse losse and more safeguard of their Lands notwithstanding any Custome to the contrary Saving alwayes the tenor of the King's Charter granted to the Commonalty of the said Marsh and likewise the Ordinances of Sir Henry de Bathe as also of Iohn de Lovetot and his associates for to remain in their full power In the same year Henry de Cobham Junior Iohn Malemeyns and William de Bernefeld were appointed by the King to take view of the Banks Sewers c. in East-Kent So likewise were Waresâ—o de Valeynes Iohn Malmeynes and Henry de Worhope assigned to make enquiry of the Banks Ditches c. in the Marshes of Meyhamme and Gatesdenne upon the Sea coast betwixt Smallyde and Meyhame then wanting repair through the default of Raphe de Thordonne Scoland de Forshamme Thomas Fitz Hubert of Hechyndenne and Walter de Marcleshamme â— who held lands in those Marshes In 6 E. 2. the Jury for the Hundred of Cornylo exhibited a Presentment unto Hervic de Stantone and his fellow Justices Itinerants sitting at Canterbury in the Octaves of S. Iohn Bapt. importing that the Prior of Christs-Church in Canterbury did about ten years then past divert the course of a certain water called Gestling in which such Felons as were condemned to death within the before-specified Hundred ought to suffer judgement by drowning so that by this turning of that stream those condemned persons could not there be drowned as formerly and that this was to the prejudice of the King c. And they likewise presented that the said Prior about two years then past raised a certain Trench of four foot by which the same water of Gestling coming from the upper part of that Country had wont to passe unto the Sea and wherein the King had used to have fishing worth Cs. by the year And that by the said diversion the King not only lost the profit of his fishing but a thousand and five hundred Acres of Land were thereby drowned to the great damage of the said King and all the Country thereabouts The Shireeve therefore had command to summon the said Prior c. Who appearing and the said Jury taking the premisses into farther consideration said upon their Oaths that as to the Fishing the said Prior and Covent had antiently a certain mill in a place called Lydene which Mill being burnt in the time of warr there was no other there built till that the Prior then living about ...... years past erected a new one And they said that after the building thereof the said Prior raised a certain Gutter four foot high which had there been made in former time for conveyance of the water from the upper parts of the Country And they said likewise that without the said Gutter there then was a certain Fishing which the Kings Officers belonging to Dover Castle it being within the liberties thereof sold sometimes for 30s. per annum sometimes for 20s. and sometimes for lesse And that the course of the said water which passed through the before-specified Gutter passed to that place wherein those condemned persons had wont to be drowned and their bodies carryed to the Sea And they moreover said that after the same Gutter was so raised the water so descending from the upper parts before-mentioned could not passe through it whereby not only the said fishing became totally lost but the drowned bodies could not be conveyed to the Sea by that Stream as formerly and all this by reason that the water had not it's passage there as usually and that the ground without the Gutter so increased and grew higher that the stream could not have it's course there And the said Jury being asked how long that Gutter had been so raised they answered for four years onlyâ— And what the said fishing was yearly worth they replyed one Mark The Shireeve thereof had command that he should cause the said Gutter to be put into the same condition as it was before and that the earth without the Gutter so raised should be thrown down again at the chardge of the said Prior c. so that the course of the before-mentioned water might run as it formerly did and the said Prior was amerced About two years afterwards viz. in 8 E. 2. Will. de Basinges Will. de Swantone and Will. de Leteriche were constituted Commissioners to oversee the Banks Ditches c. in the Marshes of Romenale and Oxene in this County and to take order for their repair So also in 9 E. 2. was Robert de Kendale then Constable of Dovor Castle Iohn Malmeyns of Hoo and Will. de Cotes for those in East-Kent The like Commission had Iohn de Ifelde Will. de Cotes Stephan de la Dene and Will. Lotriche in 10 E. 2. As also the said Robert de Kendale Nich. Kyriell Iohn Malemeyns of Hoo and William de Cotes In 11º E. 2. Thomas de Sandwiche Will. de Cotes Will. de Derby and Thomas de Poveyn were specially appointed to view the Banks Ditches c. in the Marsh of Chistelet lying also in East-Kent and to cause the defects therein amended The next year following Edmund de Passele Will. de Dene and Iohn de Ifeld were assigned to take the like view c. for those Banks and Ditches lying neer Newendene and Rolvyndene In 14 E. 2. Iohn Abell and Robert de Shirlond for those on the Banks of Medway neer to Reynham and the parts adjacent which had received much decay by the fresh waters And in 16 E. 2. the before-specified Edm. de Passele Iohn de Ifeld and Stephan de la Dane again for those
in East-Kent In 20 E. 2. the Prior of Bilsyntone representing to the King that whereas Iohn Maunsell the founder of that Monastery had given to the Canons of that House and their Successors the Mannour of Over Bilsyngtone with the appurtenances whereunto a certain salt Marsh situate in Lyde neer Romenale containing Lx Acres did belong which both at the time of the said grant and since had been alwayes drowned by the flowings of the Sea humbly petitioned that he would please to grant license for the drayning thereof and that it might be reduced to culture by the defence of Banks according to the Marish Law Whereupon the said King issued forth a Writ of Ad quod dampnum to his Escaetor for this County commanding him to enquire whether the same might be effected without prejudice to himself or others Upon which enquiry the Jury certified upon their Oaths that it might and that the said Marsh contained of it self CCxl perches in length and xl perches in bredth and that it was of no value before the drayning and banking thereof but that being so banked and drayned it might be yearly worth xxxs every Acre prized at vid. In 2 E. 3. upon complaint made to the King on the behalf of those that held lands of the Archbishop of Canterbury lying within the Isle of Tanet Gravene and Harnhull shewing that whereas divers Banks Ditches and Sewers during the time that the Temporalities of the said Archbishoprick by the vacancy thereof remained in the said King's hands were decayed and worn down by the violence of the Sea which Banks c. the Archbishops of that See had used to repair the said King directing his Commission to the Guardians of the Temporalties of the said Archishoprick commanded them by an Inquisition to be taken thereupon and such other wayes and means as should be most expedient to enquire whether he ought to repair those Banks by reason of the said Temporalties at that time in his hands By virtue of which Precept Iohn de Ifelde and other the Commmissioners for that purpose came to Gravene and Harnhull to view the said Banks and called before them upon Tuesday next after the Feast of the Ascension in the year abovesaid xij honest and lawful men who were Tenants of the same Archbishoprick in those parts and finding divers of the said Banks very ruinous and almost totally broken down made enquiry by Iohn atte Fayrebroke and other his Fellow Jurors touching that matter Who upon their Oaths then certified that in the 17 year of K. Edward the second 's reign there were in the said Towns of Gravene and Harnhull DL Acres of Marsh lying in North-mershe aud Denle in the Demesne and Fee of the before-specified Archbishop and divers men of those parts Of which the portion belonging to the said Archbishop was CLxiii Acres and a half of Marsh which by the flowing of the Sea-tides had wont to be drowned for prevention whereof by the consent and good liking of Walter then Archbishop of Canterbury and his Tenants thereâ— and all other persons of those parts who were Tenants of those Marshes in the moneth of Iune in the before-specified year there was a Bank made containing in length CCCxx Perches and in bredth two Perches by which the said Marshes were included and defended Which Bank continued untill the Friday next after the Feast of St. Vincent in the first year of the said King Edward the third On which day it suddainly hapned through the violence of the winds and raging of the Sea that a piece of the said Bank of North-mersh containing Cxx Perches was vâ—ry much broken and almost quite destroyed And they farther said that there was within the said Town of Gravene in a place called Clyvesmersh part of a Bank containing xvij perches by which xxviii Acres of Marsh of the Demesnes of the Archbishop of Canterbury were defended which Bank through the said tempestuousnesse of the Sea was beaten down being then in the Kings hands by reason of the said vacancy of the Archbishoprick And that if speedy remedy were not had for the repair of those Banks both the said Marshes would be in danger to be drowned And they said moreover that the decay in the said Bank of the North-mersh could scarce be made good for xxijl xvijs viijd For the raising of which summ for that repair the said Jurats assessed every Acre of the said DL Acres of Marsh at ten pence whereof the portion for the Archbishops Demesâ—e came to vil xvis iijd And they likewise said that the before-mentioned part of the Bank at Clyvemershe containing xvij perches might be repaired for two Marks and a half And that though they had received command that they should take care that no more damage for want of these repairs should happen to those parts in respect of what concerned the said King they had neverthelesse forborn to be at any cost therein untill they should receive farther signification of his royal pleasure And lastly as to the Banks in the Isle of Thanet that they found them all in good repair In 11 E. 3. upon a Writ of Ad quod dampnum the Jury certified that it would not be prejudicial to the King or any other if license were given to Iohn then Archbishop of Canterbury and to the Prior of Christs-Church in Canterbury to suffer an antient Trench leading from an arm of the Sea called Apâ—ldre towards the town of Romeney which passed through the proper soyl of the said Archbishop and Prior and which was then newly so obstructed by the Sea-sands that Ships could not passe thereby to the said town of Romeney as they had used to be wholly stopped up and filled so that they the said Archbishop and Prior might make their benefit thereof as they thought fit in regard that there then was a certain other Trench leading from the said arm unto Romeney lately made by the force of the Sea by which Ships and Boats might passe without impediment to the said town as they had wont to do by the other before it was so filled up And they said moreover that the said antient Trench was the proper soyl of the before-specified Archbishop Prior and Margaret de Basinges and that it had been obstructed in such a sort by the space of xxx years and more then last past by the Silt and Sea-sands as that Ships could not conveniently passe that way And that the new Trench was more proper and sufficient whilst it was open than the said old one for the passage of Ships to Romeney above-mentioned and did so remain at that time And moreover that the same new Trench was the soyl of the said Archbishop Prior and Covent Margaret de Basynges and the Abbot of Robertsâ—rigge And lastly that the said old Trench contained in length viiC perches and in bredth x. And the new one vC perches in length and in bredth xx In 14 E. 3. Henry de Bradwey Will.
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
choakâ— up did endanger the drowning the adjacent Marshes and that the clensing thereof pertained to the heirs of the said Richard And lastly that there was a certain Sewer called Ozflete pasâ—ing from the water of S. Thomas unto the Thames stopt up also for want of clensing to the great annoyance of the Lands of Iohn Capsho and Robert Allard which Sewer ought to have been scoured by the said Iohn and Robert It was therefore ordained by the before-specified Justices that the said Sir Iohn le Latimer and the rest of the persons so presented as aforesaid should be distrained to make good the several repairs above-mentioned so belonging unto them In 26 E. 3. Will. Thorpe Iames Hâ—fee and Will. de Fifhide were appointed 〈◊〉 view and repair the Banks aâ—â—he Stewes and in other places adjaâ—â—â—â—â— by the breach whereof divers groundâ— and meadows lay then totally drowned And in 37 E. 3. Edmund Chelreye Thomas Morice and Michael Skillyng had the like appointment for those Banks neer the said Stewes which were opposite to the Mannour House of Iohn de Moâ—bray Before which Commissioners divers presentments were then made touching those Banks and Sewers neer the same Stewes where divers persons being found faulty paid fines to the King others acknowleged that they ought to repair them by the perch and others had made good what belonged to them to do whereof the Prior of S. Iohns of Ierusalem was one who had two Mills there and other lands to the value of xl per annum The like was certified of Sir Iohn de Moubray Knight and Elizabeth his wife daughter and heir of Iohn de Segrave In 42 E. 3. Iohn Lovekin Will. Taâ—ke Will. de Neudigate anâ— othâ—rs had the like assignation for the Banks c. extending from a place called Dâ—nielissewalle in this County of Surrey to Roddisâ—orne in Kent And in 48 E. 3. Robert Bealknap Will. Halden Roger Dygge and others for the same Banks betwixt Danyeleswalle and the Land of the Prior of S. Marie de Overe and about a medow called Croâ—chemede by which Commiâ—sion â—hâ—y â—ere directed to proceed according to the Law and Custome of this Realm of England In 4 H. 5. Iohn Pâ—eston Sir Iohn Dâ—ayton Knight Thomas Rothewell junior Thowes Drewe Richard Wydeforde and Thomas Coventre were constituted Commissioners for the view and repair of the Banks Ditches c. all along the Verge of the Thames on both sides from Reading to Oxford which were then broken in many places with appointment to proceed therein according to the Law and Custome of England The next year following Iohn Preston Iohn Martyn Iohn Corf Iohn Appulton Robert Skyrne and Nicholas Conyngston had the like Commission for those Banks c. betwixt Depford strond and Bermundsey wherein they were directed to act according to the Custome of â—he Marsh and the Law and Custome of this Realm In 22 H. 6. Sir Iohn Burcestre Knight Ricâ—ard Bamme Richard Comâ—e Will. Oâ—â—urne Adam Lynelord Iohn Martyn Iohn Malton and Will. Kyrton were assigned to view all those Banks on the side of Thames and marshes adjoyning aswell within the Lordships of South Lambehithe North Lambehithe Lambehithe mershe and Parysh-garden as in Southwerk Bermundsey Retherhithe Depford stronde Peckham Hacham Camerwell Stokwell Clopham and Newyngton in the Counties of Surrey and Kent which were at that time broken and in decay and to take order for the repair of them As also to make necessary Laws and Ordinances for the safeguard and preservation of them according to the Laws and Customes of Romeney Marsh And morâ—over to imprâ—st so many Diggers and Labourers to be imployed thâ—rein upon compâ—â—ent salaryes as should be necessary in respâ—ct of the great necessity at that time for the speedy dispatch of that work The like Commission and direction had Iohn Bamburgh Richard Bamme Richard Drax and Philip Leweston in 25 H. 6. for the Banks in the same Lordships and places And in 31 H. 6. Sir Iohn Burcestre Knight Richard Waller Esquire Will. Laken Philip Leweston and others had the like for the view of all the Banks from East-Grenewiche in Kent to Wandesworth in Surrey So also had the said Sir Iohn Burcestre Sir Iohn Cheyne Knights Richard Waller Esquire Will. Laken and others for those betwixt West-Grenewiche and Wandesworth aforesaid viz. to the Sluces callâ—d Harescluse Râ—therhithe Suthwerke Bermondsey Parysgaâ—dyn Lâ—mbehythe Lambehythe mersh Batersey Wandesworth Clopham Pekham and Camberwerwell The like Commission for the same Places and to proceed accordingly had Sir Iohn Bourgchier of Barners Knight Sir Iohn Burcestre Sir Iohn Cheyne Knights and others in 33 H. 6. So also had Sir Raphe Iosselyn Knight Mayor of the City of London Sir Walter Moile Knight Sir Iohn Burcestre Knight Nich. Gaynesford Esquire Iohn Wode and others in 5 E. 4. And likewise Sir Richard Fenys Lord Dacres Iohn Abbot of Bermundsey Henry Prior of S. Marie Overey in Suthwerk Will. Crosse Master of the Hospital of S. Thomas the martyr in Suthwerk and divers others in 14 E. 4. CAP. XV. HAving now done with the Marshes on the South part of Thames I come to those on the North side lying in the Counties of Midlesex and Essex beginning with Middlesex where the first mention I find of any thing in this kind is that in 26 E. 1. Robert de Retford and Henry Spigurnell were assigned to view and repair the Banks and Ditches in Stebbenhethe and the parts adjacent After this viz. on Wednesâ—ay next after the Feast of S. Martin the Bishop in 18 E. 2. there was an inquisition taken at the Hospital of S. Kathrines neer the Tower of London before Will. de Broke and Robert de Kellesey then the Kings Justices for view of the Banks Ditches c. lying betwixt the said Hospital and the Town of Chadewelle and for repair of the same before whom the Jurors did present upon their Oaths that a certain person of antient time Lord of the Mannour of Stebenhethe before-mentioned whose name they knew not did by his industry recover a certain Marsh there containing about an hundred Acres of Land which Marsh was then drowned by the overflowing of the Thames and at the time of the said presentment so made had Banks Ditches c. and did so lye betwixt the said Hospital and Shadwelle but through the want of their repair was then frequently overflowed and in divers places drowned to the great damage of the people in those parts Which Lord of the said Mannour of Stebenhethe did afterwards grant by Charter to certain of his free men xlij acres and a half of Land with the appurtenances severally by parcells to be held by them and their heirs by certain services for ever and to repair and maintain the said Banks Ditches Sewers c. viz. each man upon his own proper ground bordering on the said River of Thames of which xlij
the Shireeve was commanded to distrain not only the said Bishop and his bondmen but all other persous having Lands between the said Hospital and the Town of Shadwell lying within the before-specified peril for the repair and amendment of the Ditch where the said ground-breach was made by that great floud and likewise to repair the Banks Ditches Sewers and Gutters which by means of that ground-breach were so broken and torn In pursuance of which verdict the said King in the same 18th year of his reign wherein the pleading above-mentioned was assigned Raphe Hereward Robert de Ashele and Iohn de Doure to view the said banks betwixt the before-specified Hospital of S. Katherines and Shadwell and to take order for their repair In the 15th of E. 3. Robert de Sadyngton Thomas de Blaston and Gervase de Wilford had Commission to view and repair the Banks c. on the coast of the said River being within the precincts of Westminster and the parts adjacent betwixt a place call'd the Neyt and Temple-barr in London then broken and in decay by the force of the tides And in 28 E. 3. Will. de Thorpe Will. de Notton Iohn Bray Thomas Ludlowe Will. de Hatton and Thomas Morice had the like Commission for those in the Town of Stebenhethe before mentioned as also upon the River of Lye in the confines of Middlesex and Essex in a certain part of Hakney neer to a Mill called Crachehegge betwixt the said Town of Hakney and the Town of Welcomstowe in Essex In 36 E. 3. Will. de Fyncheden Will. de Wynchingham and others were in like sort assigned for all the Banks c. betwixt the Chapel of S. Katehrine in Middlesex and the Town of Est-Tilbury in Essex So also the next year following were Thomas Morisse Thomas Frowyk and George Fanillore for those banks c. in the Marshes of Stebenhithe Brambeleye and Redclyve and elswhere within the Lordship of the Bishop of London upon the verge of the Thames And in 38 E. 3. Thomas Morice Thomas Frowyk and Iohn Brikclesworth for those in Stebenhithe and Brambeley from the Tower of London to the River of Leye In 41 E. 3. Iohn de Bampton Iohn de Sudbury and Thomas Brette were constituted Commissioners for the view and repair of the banks c. betwixt the before-specified Chapel of S. Katherine and Berkynflete in Essex and to do all things therein according to the Law and Custome of this Realm In 43 E. 3. Thomas de Lodelowe Will. Halden Iohn Sundbie and Iohn Chertsey had the like for all those aswell upon the coast of the River of Leye as of Thames which were in the parish of Stebenhithe So likewise the same year had Solomon Wauter and Nich Cartere for those in the said parish upon the River of Thames only with power to take so many Carpentersâ— and other Labourers as should be necessary for the work upon competent wages In 1 R. 2. Iohn Bampton Will. Rykhill Thomas Aspale and Thomas Mylende had the like Commission for those betwixt Blakewale and the before-mentioned Hospital of S. Katherine In 4 R. 2. Will. Cheyne Helmingus Leget Will. Rykhill and Will Cressewyke for those upon the River of Lye betwixt Stebenhythe and Bramle In 6. R. 2. the Prior of the Hospital of S. Iohns of Ierusalem being questioned for the not clensing of a Ditch neer Mileford for an hundred perches and could not deny but that he ought to do it and therefore the Shireeve of Middlesex was appointed to compell him by distresse for the performance thereof at his own proper chardges In the same year Will. Cheyne Will. Rykhill Iohn Shorediche and Will Cressewyke were appointed to view and repair the banks upon the River of Lye betwixt Stebenhethe and Bramle In 19 R. 2. Will Rykhill Will. Skrene Thomas Cherleton Iohn Shoredyche senior and Iohn Ongham had the like appointment for those betwixt the Town of Stratford atte Bowe and the Tower of London and to perform all things therein according to the Law and Custome of this Realm So also in 22 R. 2. had Will. Thirnyng Will. Rykhill Iohn Cokaine Thomas Charleton Iohn Shoredyche senior and Iohn Ongham the Shireeve of Middlesex being associated to them for the view and repair of those banks c. in Stebenhithe marsh and to proceed therein as aforesaid Which Commission was renewed in 1 H. 4. to all the parties before mentioned exceptiâ—g Iohn Cokayn In 5 H. 4. Iohn Cokain Will. Skrene Thomas Tyldeslegh Robert Rykedon and Iohn Hogham with the said Shireeve of Middlesex had the like And in 9 H. 4. Will. Cheyne Iohn Selman Iohn Profyt and Iohn Hogham and to act therein according to the antient Law and Custome of this Realm In 8 H 6. Henry Somer Robert Frampton Iohn Thwaytes Walter Grene and Alexander Anne were assigned in like sort for the banks c. in the Marshes of Stebenhithe and Walmershe and to make Statutes and Ordinances for the defence thereof according to the Laws and Customes of Romeney marsh as also to imprest so many Labourers for that imployment upon competent salaries as they should see necessary in respect of the imminent danger by the breaches in those banks which required their speedy repair In 26 H. 6. Iohn Fortescu chief Justice of the common Pleas Robert Wellys Abbot of Graces neer the Tower of London Iohn Fyloll Thomas Burgoygne Iohn Wylton Walter Grene Iohn Harpour Robert Tanfield Edmund Plofeld Iohn Eton and Thomas Croxton had the like Commission for the banks c. betwixt the Mill of S. Katherines neer the Tower of London to the Chapel of S. Marie Matfelon thence to the Church of S. Dunstans in Stepenhithe thence to the Church of S. Leonard in Bremley thence to the River of Leye thence to the Thames and thence to the said Mill and to make Laws c. according to the Laws and Ordinances of Romeney marsh as also to imprest Labourers c. as abovesaid Upon an inquisition taken in 27 H. 6. the Jurors presented that by the violence of the tides upon the banks of Stebenhithe marsh a great part of the said banks adjoyning to that marsh was then ruinous and broken through the neglect of the Land-holders there And that through the default of one Iohn Harpour Gentleman in not repairing his bank opposite to Depford strond there was on the Monday being the Feast of the Annunciation of the blessed Virgin in the 26 year of the reign of the said King H. 6. a breach made in the said bank of the before-specified Iohn Harpour for the length of xx Rods unto the land of Iohn Fyloll in so much as a thousand Acres of land lying within the said marsh were drowned And that he the said Iohn and all those whose estate he then had were obliged in respect of their land adjoyning to the
said bank to take care of it's amendment In 34 H. 6. Sir Iohn Fortescu Knight then chief Justice of the Kings bench Iohn Fylolle Thomas Burgoyne Walter Grene Iohn Harpour Robert Tanfeld Will. Chadworth Thomas Cornwalys and Thomas Croxton were appointed Commissioners for the view and repair of the banks c. lying betwixt S. Katherines Mill before mentioned unto the Chapel called S. Marie Matfelone thence to the Church of S. Dunstans in Stepenhithe thence to the Church of S. Leonard in Bremley thence to the River of Leye thence to the Thames and so to the said Mill And to make Laws and Ordinances according to those of Romeney marsh The like Commission in 7 E. 4. had Thomas Abbot of Graces neer the Tower of London Thomas Urswyk Thomas Frowyk Esquire and others In 14 E. 4. Sir Thomas Urswyke Knight Iohn Elryngtone Thomas Frowyk Will. Essex and others were assigned to view and take order for the repair of all those banks c. lying betwixt the Tower of London and the Town of Stratford atte Bowe and to proceed therein by making Laws c. and otherwise according to the Laws and Customes of Romeney marsh In 20 E. 4. Thomas Bishop of London Edmund Abbot of Graces Will. Wirsley Dean of Pauls Sir Iohn Elryngton and Sir Thomas Frowyk Knights Richard Gardener and others had the like assignation for those betwixt the Town of Lymeostez and the wall called Black Wall So also in the same year had the said Thomas Edmund and William together with Henry Sharpe Dean of the free Chapel of S. Stephan within the Kings Palace at Westminster Iohn Harding Master of the Hospital of S. Thomas of Acon in the City of London Sir Iohn Elryngton Knight Sir Thomas Frowyk Knight Richard Gardner and others for all the banks upon the River of Thames and Leye betwixt the metes and bounds of the City of London and the bridge of Stratford atte Bowe on the North and West side of those Rivers and the Road-way which lyeth betwixt White Chapell parish and the Town of Stratford atte Bowe before-specified CAP. XVI Marshes in the Suburbs of LONDON AND that some places in the very Suburbs of the City of London it self have originally been Fenny and Moorish though now by no small industry and cost equalling the chiefest which were naturally otherwise is apparent from undoubted testimony Fitz Stephan who lived above five hundred years since speaking of that place now called Moore Fields saying thus Cum est congelata palus illa magna quae moenia urbis Aquilonalis alluit exeunt lusum super glaciem densae juvenum turmae c. When the great Fen which watereth the walls on the North side of the City is frozen multitudes of young people go to play upon the Ice Some taking a little room to run do set their feet a good distance and glide a great way Others sit upon thick pieces of Ice as big as Mill-stones and being drawn by many who hold hand in hand when the foot of one slippeth they all tumble down together But others more expert in sporting thereon fix bones under their heeles and taking a Pike-staff do shove themselves forward with so much force that they glide with no lesse swiftnesse than a Bird flyeth or an Arrow passeth out of a Bow This Fen saith Stow stretching from the wall of the City betwixt Bishops-gate and the Posterne called Cripple-gate to Finsbury and to Holy-well continued a waste and an unprofitable ground a long time so that the same was all letten for four Marks the year in the reign of King Edward the second But in the year MCCCCxv 3 H. 5. Thomas Fawconer Maior caused the wall to be broken towards the Moor and builded the Postern called Moore gate for ease of the Citizens to walk that way upon Causeys to Iseldâ—n and Hoxton Moreover he caused the Ditches of the City and other the Ditches from Shores-ditch to Deepe Ditch by Bethlem into the Moore ditch to be newly cast and clensed by means whereof the said Fen or Moor was greatly drained and dryed And in the year MDxij Roger Atchley Maior caused divers Dikes to be cast and made to drain the waters of the said Moore fields with bridges arched over them and the grounds about to be levelled whereby the said field was made somwhat more commodious but yet it stood ful of noysome waters Whereupon in the year MDxxvij Sir Thomas Seymour Maior caused divers Sluces to be made to convey the said waters over the Town ditch into the course of Walbrooke and so into the Thames and by these degrees was this Fen or Moore at length made main and hard ground which before being overgrown with Flaggs Sedges and Rushes served to no use Nor was the ground in Fleetstreete and thereabouts long since much better than a Marish for the same Author saith that in the year MDXCv he observed that when the Labourers had broken up the pavement against Chancery lane end up towards S. Dunstan's Church and had digged four foot deep they found another pavement of hard stone more sufficient than the first and therefore harder to be broken under which were in the made-ground piles of Timber driven very thick and almost close together the same being as black as cole and many of them rotten And now to manifest that not only the Law but the usual practice is where disobedience or neglect hath been found in those as be chardgable with the maintenance of any Banks or Sewers made for the common defence of such Marshes as are in danger of surrounding that coercion is to be exercised for the performance thereof I shall here exhibit the testimony of a Decree made in a Session of Sewers held at Ilford in Essex 19º Aprilis Aº 1639. which reciting an Ordinance made in the like Session at Ilford before-specified for raising the summ of seventeen hundred and six pounds for repairing a breach in the Banks or Marsh-wall of Bromley marsh in this County whereby ninety four Acres of land were surrounded and the neglect of certain persons therein named to pay their proportion thereof which were assessed upon them a Lease for xli years was made of several parcels of ground belonging to those so neglecting unto others at the Rent of one pepper corn yearly CAP. XVII HAving now done with the Marshes in Middlesex I come to those in Essex which Counties are divided by the River of Lye antiently called Luye Of this River it is memorable that the Danes in the year of Christ 894. and 23 of King Alfred's reign sayled up it with their Ships and built a Castle on the Bank thereof about xx miles from London Neer which the Londoners giving them battail and having the better of the day put them to flight so that they were constrained to flye to that Hold whereof the King having notice he caused this River to be cut into three branches to
the end that they might not get their ships back who discerning what was done left them and fled towards Severne That which is here called a Castle is supposed to be some Fort made at or neer Hartford situate upon the Bank of this River for before the tides were kept back at Stratford Bowe by a large Sasse there made to keep the levell above it from drowning no question but that they flowed above Ware and brought up small Vessels neer to Hartford there being betwixt Ware and Hartford a Hill which to this day beareth the name of Shipman's Hill and a tradition of the Country people that ships did in antient time lye at Anchor in that Valley The first mention wherewith I have met concerning the Marshes of Essex is in King Iohn's time Roger de Crammavill being then attached to shew cause why he did not stand to the determination made in the said King's Court by a Fine betwixt himself and the Prior of S. Iohns of Ierusalem touching the Banks Gutters and Ditches to be made in Renham marsh at which time the said Prior produced the before-mentioned Fine so made betwixt them which testified that the said Roger did then agree that he and his heirs would make and repair those Banks c. according to the proportion of his Land in that Marsh so that every Acre which the said Roger did possess should be taxed as those that belonged to the Prior. And the said Roger came and acknowleged the agreement and justified that he had fully made those Banks according to what belong'd to his Tenement and thereupon put himself upon the view of those who knew the Laws of the Marsh. Upon complaint made to the King in 8 E. 1. by the Abbot of Stratford that whereas he did use yearly to repair the Banks and Ditches of the Marshes of West-Hamme as often as need required for the preservation of his Lands and the Lands of his neighbours lying within those Marshes againts the over-flowings of the Rivers of Thames and Luye and that his said neighbours did neglect to do the like for what belong'd to them the said King directed his Precept to the Shireeve of Essex commanding him to distrain all those that were faulty therein to the end that the said Abbot might have contribution in that behalf In 15 E. 1. Iohn de Lovetot and Will. de Lamburne had Commission to view and repair the Banks and Ditches in this County upon the side of Thames and parts adjacent then in decay and to enquire through whose default they became so ruinous In 20 E. 1. the Abbot of Stratford made a new complaint to the King in the like manner as abovesaid Whereupon the said King required the Shireeve to distrain all those who were obliged to such repair of their Banks and Ditches and had not accordingly done their duty therein as also those who did refuse to contribute to the said Abbot according unto their due proportions In 31 E. 1. Walter le Baud Richard de Perneford and Iohn de Dovor were assigned to view and repair the Banks Ditches c. in this County and those at Wolwyche in Kent The like Commission had Iohn le Bretun and Will. de Wauton in 34 E. 1. for those in Essex only Several other of the same kind for this County only were in King Edward the second 's time viz. to H. Spigurnell Iohn de Dovor and Iohn de Malegraffe in 3 E. 2. To Walter le Baud Will. Fitz Robert and Iohn de Norton in 6 E. 2. To the same William Henry Gernet and Thomas Dakenham in 7 E. 2. To Will. de Hanyngfeld Iohn le Burser and Thomas de Ultyng in 8 E. 2. To Nich. Frembaud Henry Gernet Iohn de Davor and Richard Bastard in 9 E. 2. In 14 E. 2. Henry Grene Iohn de Dovere and Thomas de Chene had the like Commission for the view and repair of the Banks c. at Renham Benington and Alvitheley In 17 E. 2. Iohn de Doure Robert de Ashele and Nich. de Scotford the like for all the Marshes upon the Thames in this County So also had the said Iohn Iohn de Wydefeld and Walter de Hegham for the Banks c. betwixt Stretford atte Bough and Est-Tilbury and the parts adjacent In 18 E. 2. Iohn Boteler and Iohn de la Hay were appointed to view a certain Causey betwixt Maldon and Hebrugg under which through an arch the fresh waters had used to run into the Sea which waters were then stopt And likewise to view and repair the Banks c. in the Marshes of Esthamme in Essex and Wolwiche in Kent So also in 5 E. 3. had Robert de Rochford and Will. de Stanford for all the Banks c. within the Hundreds of Densey and Rochford In 10 E. 3. Henry Gernet and his fellow Justices assigned for the view and repair of the Banks c. on the Coast of Thames in this County sate at West Hamme on Wednesday being the Feast of S. Edmund the King where the Prioresse of Stratford made complaint before them that Will. de Masun Bayliff of the Marsh of Westhamme had distrained her for Cs. for the repair of a certain Bank called the Prior's Wall for she said that she neither had nor held any land nor ground in the said marsh for the which any wall ought by her to be repaired and therefore required judgement But she said that one Iohn de Covele long ago viz. in the time of King Henry the third held in the said Marsh as of the fee of Muntfichet which then belonged to Sir Iohn de Handlo fifty acres of land together with the said Bank then called Coveles Wall and a certain piece of Pasture called the Hope lying neer the said Bank without the precinct of the said Marsh viz. between the same Bank and the course of the River of Thames which land together with the said Bank of Hope were before that time ever assessed together for the repair of that Bank whensoever it stood in need And the said Iohn de Couele being so seized aliened the said Bank and Hope to Robert le Ku to hold to him and his heirs for the repairing and maintaining of the said Bank for ever the said Hope then being sufficient for the Pasturage of six Kine as it was reported And afterwards the said Iohn de Couele long before the Statute entituled Quia emptores terrarum sold the said Land by parcells to divers Tenants to hold to them and their heirs of him the said Iohn and his heirs for a certain yearly Rent and sute of Court to be thereupon performed And afterwards the said Iohn did wholly sell from himself and his heirs all the demesn of the before-specified Tenements together with the whole Rent and service which he had wont to receive of his said Tennants unto one Simon de
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
course of time when they issued out viz. To Robert de Setvans William de Hastings and William Maufe in 27 E. 1. To Henry de Appletrefeld Robert de Setvans and others in 28 E. 1. In 30 E. 1. to Luâ—as atte Gate Robert de Setvans Will. Maufe and William Colebrand In 31 E. 1. to Robert Paulyn Robert de Septem Vannis Will. de Hastings and Lucas atte Gate In 32 E. 1. to VVill. de Echingham Robert de Passeleye and Henry VVardeden As also to Iohn de Buran VVilliam Maufe and Lucas atte Gate In 34 E. 1. to Iohn Malemeyns Lucas atte Gate and Robert Paulyn for those Banks Ditches c. in the Marshes of Pychardesbroke and Kechenhammebroke and elswhere in the said Counties In 35 E. 1. to VVill. Pyrot Iohn Malemeyns Iohn de Gosehale and Henry de Bugthorpe In 1 E. 2. to Iohn Malemeyns Lucas atte Gate and Robert Paulyn for the Banks c. in the Marshes of Mayhamme and Losenhamme In 7 E. 2. to Iohn Malemeyns of Stoke Robert de Echynghamme and Mathew de Knelle for those on both sides the River of Newendene betwixt Mathew and Bodihamme bridge In 10 E. 2. to Robert de Bardelby and Edmund de Passele for those in the Marshes betwixt the Redehulle and the Town of Roberts-Brigge on each side the River Lymene In 14 E. 2. to Iohn de Ifeld Iohn Malemaynes of Hoo and Richard de Echiâ—ham for those in the Marshes betwixt the Town of Apuldre and Roberts-Brigge on each side of the said River of Lymene In 17 E. 2. to Stephan de Cobham Iohn Filoll VVill. de Robertsbrigge for the same So also to VVill. de Echyngham Robert Bataill and VVilliam de Robertsbrigge About the beginning of E. 3. time it being found by an Inquisition taken before VVill. Truslell then the King's Eâ—caâ—tor on this side Trent that the Chanel of a certain River running betwixt the Lands of Geffrey de Knelle and Isabell Aucher between a certain place called Knellesflete in the confines of these Counties and the Town of Robertsbrigge in Sussex was so much enlarged by the flowing of the Sea-tides into it that six hundred and fifty acres of land part belonging to the said Geffrey and part to others were thereby totally drowned and consumed And that a certain Causey which is the common high way lying betwixt the Land of Iohn de la Gate in the said County of Sussex and the bridge of Newendon as also the said bridge were broken and demolished by those tides and moreover that divers lands in the said parts would in a short time be drowned and destroyed except a speedy remedy were had And likewise that it would not be to the damage or prejudice of the said King or any other if he did grant license to the said Geffrey and Isabell and to other persons having lands contiguous to those places to exclude the said tides and to raise a Bank at Knellesflete aforesaid betwixt the lands of the said Geff. Isabell in that place to resist the said tides for preservation of the lands way bridge aforesaid to the end that the antient course of that River might be preserved by sufficient Gutters placed in that Bank And that unlesse it were by such an exclusion of the Tides by making of such a Bank that the said Lands way and bridge could not be in safeguard The King therefore being careful in all respects to provide for the defence of this his Realm as was fit granted license to the said Geffrey and Isabell as also to all those who were like to have advantage by that exclusion that they should raise a certain Bank at Knellesflete before-mentioned for that purpose and to make sufficient Gutters therein for the issuing out of the said fresh water and to repair the same Banks and Sluces being so made when and as often as neâ—d should require In 10 E. 3. VVill. de Robertsbrigge VVill. de Recolvere Ioceline de Gatele and Robert Bataille were constituted Commissioners to oversee the making of certain Sluces Banks and Guttâ—rs for the safeguard of the lands of divers Tenants in the Towns of Wightresham Idene and Pesemershe and to assesse all such as had lands in those parts which were to take benefit thereby for the performance of that work according to the proportion of what they held About the same time upon another Inquisition taken it being certified that by the ebbing and flowing of the tides into a certain stream of fresh water running betwixt the Lands of the before-specified Geffrey de Knelle and Isabell Aucher between Knelleflete above-mentioned and the said Town of Robertsbrigge six hundred and fifty Acres of Land belonging to the said Geffrey and others were drowned the King thereupon granted the like license to the said Geffrey and Isabell to raise a certain Bank at Knellesflete to restrain those Tides as also to make Sluces and sufficient Gutters for evacuation of the said fresh water so that the antient course thereof might be preserved And afterwards did appoint Roger de Bavent Roger de Hegham Thomas de Lincolne and Will. de Northo to oversee the making of that Sluce and raising of the said Bank and â—o ordain assessments and to distrain all such as by the said Inquisition should be thought needful to contribute to the chardge of that work according to the proportion of their holding which Banks Gutters and Sluce being accordingly made and the said King informed that they were grown to decay did by his Letters Patents bearing date at the Tower of London on the 8th day of Ianuary in the said tenth year of his reign constitute Will. de Orlauston Thomas de Gillingham Stephan de Padiham and Iohn de Betenham to take view of them and to provide for their repair But in 22 E. 3. there being a Petition presented to the King on the behalf of Iames de Echingham and on the morrow after the Feast of S. Hillarie exhibited before the said King and his Councel in his Parliament then held at Westminster importing that those Lands might have been preserved by the repair of the old Banks on the verge of that River and that the Bank made by virtue of the said King's Letters Patents before mentioned which thwarted the said stream was raised aswell to the damage of the said King as of him the said Iames forasmuch as thereby such ships and Boats which had used to passe with victual and other things from divers places in these Counties of Kent and Sussex unto his Mannour of Echingham through this Chanel were then hindred as also to the destruction of his Market Town of Salehurst situate upon the said River and of his Market there which by the course of that water had been supported and out of which the said Iames and his Ancestors had used to receive Toll and many
whereof the said Marsh lay situate and Dionyse then Abbot of Robertsbrigge and the Covent of that Monastery for the title of that whole Marish and that upon an amicable agreement then made betwixt them the said Abbot and Covent did quit all their title thereto unto the before-specified Prior and Covent of Christ-Church But the said Prior and Covent out of a pious regard to the wants of the said Abbot and Covent did by their special favour then grant them and their successors one hundred Acres of those seven hundred viz. one hundred lying next to the Bank of the said Abbot and Covent neer unto the Land of Adam de Cherringe which at that time they had inclosed about the Newewodrove and that this Agreement was by the before-mentioned Earl then ratified and confirmed as the Instruments testifying the same then exhibited did fully manifest so that the said Abbot Covent ought not to challenge any thing more in that marish other than in those C Acres so given to them as aforâ—said In consideration therefore of all the premisses and circumstances thereof and especially of the Antiquity of the Evidences produced on each part as also to the obscurity of the bounds and limits of the said Towns of Snergate and Apuldre the perfect knowledge whereof by reason of the great and continual inundation of the Sea could not or was ever likely to be well discovered all parties therefore more desiring peace than strife and contention did unanimously agree that the said Prior and Covent of Christs-Church should release unto the Abbot and Covent of Robertsbrigge and their successors all their title to that parcell of land called the Newewoderove and in xxviij Acre of land then newly inclosed in the Bâ—ecarde towards Apuldre and in the said CCLxxi Acres and a half of Land then to be inclosed in the Becarde adjoyning to the said parcell of land called the Newewoderove lying in length under the Bank dividing the said Land of the Newewoderove and the said Marsh so to be inclosed in the Becard so that the said Prior and Covent of Christs-Church nor their successors should have power to claim any right therein after that time And in like sort the said Abbot and Covent of Robertsbrigge did release unto the said Thomas Archbishop of Canterbury and to the Prior and Covent of Christs-Church and their successors all their right and title to the residue of that Marish lying next to the Church of Fayrefelde towards the East and the course of the Sea passing from Rye to Apuldre towards the West and the bounds dividing the Counties of Kent and Sussex towards the South so that they should chalenge no title therein from thenceforth Which agreement was so made by the said Instrument under their publick Seals and beareth date at Canterbury on the xxth day of March in the year before-mentioned In 2 H. 4. Thomas Erpyngham then Constable of Dovor Castle Will. Brenchesle Robert Oxenbrigge Will. Marchaunt and others had Commission for the view and repair of those Banks and Sewers lying betwixt Farlegh in Sussex and Apuldre in Kent with power to act therein according to the Custome of the Marsh and the Law and Custome of this Realm The next year following Will. Rikhill Will Makenade Stephan Betenham Will. Bertyn Henry Horne and Iohn Proude had the like for those in the Marshes of Lyde Promhull Middele and old Romney with direction to do all things therein according to the Law and Custome of this Realm and the Custome of Romney marsh In 2 H. 5. Sir Iohn Pelham Knight Richard Nortone Thomas Colepepir William Cheyne and others had the like Commission for the view and repair of the Banks betwixt the Port and Town of Rye and Bodyham bridge and to act therein according to the Custome of the Marsh and the Law and Custome of this Realm In 5 H. 5. Robert Oxenbrigge VVilliam Marchaund Iohn Halle junior VVilliam Cheyne and Adam Iwode had the like appointment for those betwixt the Town of Rye in Sussex and Ebbeneye in Kent and to act according to the Custome of the Marsh and the Law and Custome of this Realm of England So also in 7 H. 6. had Sir Roger Fenys Knight Henry Hoorne Robert Oxenbrigge Thomas Auger Richard VVakeherst and others for those betwixt Bodyhain bridge in Sussex and Smalhyde in Kent with direction to proceed therein according to the Law and Custome of this Realm and the Custome of Romney marsh as also to take up so many labourers upon competent wages as should be necessary for the said work CAP. XIX I Now come to Sussex alone Where the first Commission of Sewers that our Records do take notice of was in 17 E. 1. being directed to Roger de Leukenore and Lucas de la Gare. The next year following upon complaint made by the Abbots of Bataille and Bekeham as also by the Priors of Okeburne Lewes and Hastings together with Baldwin de Aldham and many others who had Lands about Pevenesel marsh that whereas the King had assigned the before-mentioned Roger de Leuknore and Lucas de la Gare to take view of the Banks and Sea-diches neer the said Marsh and to provide for the safeguard and defence of all persons aswel rich as poor as had lands thereabouts the said Lucas together with the Prior of Michelham Will. de Donne c. not prosecuting the said King's appointment and order did begin to raise a certain Bank overthwart the Haven of Pevenesel as also a Sluse intending to finish them so that the fresh water could not passe through the midst of the said Marsh to the Sea by the same Haven to the great peril of all persons there dwelling and apparent drowning of their lands by the frequent overflowing of the said fresh water For remedy thereof the King therefore by his Letters Patents dated at Westminster 15º Iulii in the 18th year of his reign constituted Iohn de Lascy and VVill. de Echingham his Justices to make enquiry by the Oaths of honest and faithful men touching the same and then to do therin according to their discretion In 23 E. 1. Will. de Stoke was associated to the before-mentioned Roger and Lucas for the viewing and repair of the Banks c. in this County In 31 E. 1. the King being informed that the Banks and Ditches which had been made in the Marsh of Wynchelse for the defence of his lands there and preservation of the adjacent parts were then so broken by the overflowing of the Sea that the said Lands were in danger to be drowned and lost and that his Tenants of those lands by reason of a certain antient composition made betwixt them and the Tenants of other lands in that Marsh which was that the said Kings lands should be defended in such reparations by the other Landholders there refused to contribute to the repair of those Banks and Ditches And being
also informed that the Tenants of the other lands were not able to undergo those repairs by reason of the great expence which would be requisite thereto Taking care therefore of his own indempnity and the preservation of those Marshes he directed his Precept to Thomas Alard Guardian of his lands of that Marsh commanding him that he should for the present occasion cause an equal contribution to be made out of those his lands according to a just and proportionable Tax with the said other Land holders lest for want thereof a greater losse might afterwards happen for which he the said Thomas was to receive allowance out of the Exchequer But after this the very next ensuing year upon an Inquisition taken by Rob. de Septem Vannis Will. de Hastyngs and Robert Paulyn whom the King had assigned to take view of the Banks and Ditches in this County and to cause them to be repaired which was returned into the Chancery it was found that the said Marsh of Winchelse could not be defended and preserved by the old wall situate towards the East and that if it ought to be defended it would be necessary to have a certain new Bank there of the length of CCCL Perches and that the said new Bank could not be made by those who according to the antient composition before-mentioned had wont to repair that old bank forasmuch as they who were in that sort lyable to the repair of the said old bank were not able in regard of the diminution of their lands to bear the whole chardge thereof themselves He therefore directed another Precept unto the said Thomas Alard requiring him to take care that such contribution should be made thereto out of his own lands and the lands of others as is above exprest And hereupon the said King issued out a Commission to the said Robert William and Robert to see that the contribution which the said King's Bayliff was to make therein should be well and also faithfully assessed A multitude of other Commissions were afterwards granted to sundry persons for to take care of the banks in the other Marshes of this County viz. in 1 E. 2. to Iohn Malemeyns Lucas atte Gate and Robert Paulyn fâ—â— those in Pevenese marsh In 2 E. 2. to Will. de Echingham Henry de Wardeden and Iohn Fylol for those in the Marshes of Wylting And the same year to Robert de Clyderhoâ— and Iohn Fillol for all the Marshes in this County In 3 E. 2. to the said William Henry and Iohn for those in the Marshes of Fothie and Wyltyng And the same year to Robert de Clyderhou Iohn Fyliol and Iohn de Brydeney for those in Pevensey marsh In 4 E. 2. to Robert de Passelâ—y Henry de Wardeden and Iohn Filliol for those Banks in the parts of Tillingham by which the Marshes of Tillingham and Est-Wytenham were wont to be defended both from the overflowing of the fresh and salt waters In 5 E. 2. to Henry de Wardeden and Iohn Fillol for those in the parts of Northie and Lullingtone In 7 E. 2. to Iohn Heringod Iohn Filol Will. de Sneylham for all those upon the Sea-coasts throughout this County And so also the same year to Andrew Peverell Will. de Northo Iohn Filiol and Will. de Snaytham In 8 E. 2. to Iohn Heryngaud Iohn Filiol and Iohn de la More for those in the Marsh of Filesham Boxle Wyltyng and Crawherst In 9 E. 2. to Edm. Passheleye Stephan Alard of Wynchelse and Mathew de Knolle for those in the parts of Tillingham before-mentioned In 10 E. 2. to Will. de Echyngham Andrew Peverell Iohn Filiol and Will. de Sneylham for all those upon the Sea-coasts throughout this County The like Commission had Will. de Echyngham Iohn de Ifeld William de Northo and William de Snaylham in the same year In 13 E. 2. to Henry Beaufiz Iohn de Bergham and Iohn Dalingrugge for those in the parts of Pevenesey and Hastings So also the same year to the said Henry Andrew Lutterell and Iohn Dalingrugge In the tenth year of Edward 2. the said King at the request of Robert de Sapy in consideration of his good and faithfull service granted by Charter unto the said Robert and Aliva his wife liberty to inclose as much of Pevenese marsh as was then overflowed and in the occupation of no man and to hold it of the said King and his heirs during their two lives for a pair of gilt Spurs to be paid into the said Kings Exchequer every year upon the Feast day of S. Iohn Baptist. But forasmuch as the said Robert and Aliva did take no benefit of that grant but delivered in their said Charter into the Chancery to be cancelled the King by his Precept dated at Westminster 13 August in the 15th year of his reign commanded the Barons of his said Exchequer to supersede their demand of the said Spurs In 16 E. 2. Edmund de Passele Will. de Northo and Will. de Robertsbrigge were appointed to view and take order for repair of the banks c. at Wortling and Pevenese and elswhere in this County In 18 E. 2. Giles de Briaunzon Iohn Filol Will. de Robertsbrigge and Iohn de Dalingrigge had the like appointment for those in the parts of Pevense and Hastings In 5 E. 3. Will. de Robertsbrigge Robert de Sharden and Thomas de Wyvill had the like for those in the Rape of Hastings So also in 6 E. 3. had Thomas de Faversham Richard de Grosherst and Robert de Bataille for those in North-mershe neer Rye and Spadelond mersh betwixt Wynchelse and Damse wall The like in 8 E. 3. had Thomas de Faversham Will. de Robertsbrigge and Gosceline de Gatele About two years afterwards the King directing his precept to Will. de Robertsbrigge Robert de Shardenne and Robert Bataille wherein he recited that whereas he had assigned them the said William Robert and Robert or any two of them to view the Banks and Water-gangs in the marsh called Northmershs neer Rye and in the marsh of Spadelond betwixt Wynchelse and Daunswall and in other Marshes adjoyning and to enquire by the Oaths aswell of Knights as others through whose neglect the defaults in those Marshes had hapned And that whereas by Inquisition taken by the said William Robert and Robert it was amongst other things found that there were Cxxviij acres of land in the said marsh which did belong to the King's Mannour of Ihamme and that the said King's Bondmen there held of him xxx acres of land called Spadelond in the said Marsh as also that the said King's lands and the lands of others could not be preserved except a contribution were made out of them for necessary chardges tending to such their safeguard And that they the said Commissioners had forborn to
scarce any one could come in or out thereof he granted Commission to the Abbot of Bataille Thomas de Reyns Lieutenant to the Constable of Dovor Castle Will. Batesford Roger de Ashebornham and others to view the said Bridge and Banks and to take order for the repairing of them In 2 R. 2. Will. Horne Roger de Asheburnhamme and Iohn Edward were appointed Commissioners for the view and repair of the banks c. betwixt UUortlyng and Catesfelde In 3 R. 2. upon complaint made to the King by the Commonalty of the Town of UUynchelse shewing that there was a common way called Copgreys then lately leading from the said Town unto Bataille as also a certain Marsh called Dynsoale lying betwixt the Towns of UUynchelse and Hastyngs which way and Marsh through the neglect of some persons in those parts who of right ought to repair and maintain them were destroyed and overflowed by the Sea the said King by the assent of his Prelates Barons c. then sitting in Parliament assigned the Abbot of Bataille Rob. de Bealknappe Will. de Battesford to take view of the said way Marshâ— and to enquire by the Oaths of honest and lawful men c. through whose default those damages had hapned and who had used and ought to repair them and to compell them thereto in such sort as in Romeney marsh in the like case had been accustomed And moreover to do and perform all things therein according to the Law and Custome of this Realm and the Laws and Customes of Romeney marsh aforesaid In 4 R. 2. Sir Thomas de Hungerford Knight Iohn Prior of Michesham VVill. Horne Roger Ashburnham and others were made Commissioners for the view and repair of those banks upon the Sea-coasts betwixt the town of Bourne and the Towns of Helyng and Bixle And the next year following Sir Edward Dalyngrugge Knight Sir Edmud Fitzherbert Knight Iohn Edward VVill. Olmested and Thomas Blast were in like sort constituted for those within the Rape of Pevenese In 6 R. 2. the King directed his Precept to Adam de Limbergh Guardian of his Manour of Idene commanding him that out of the form of the said Manour he should cause the banks and ditches belonging thereto to be repaired where need was according to the judgement of honest and lawful men of those parts Other Commissions in this King's time were these viz. in 7 R. 2. to Robert de Ashton Constable of Dovor Castle Robert Bealknap Sir Edward Dalingrugge Knight VVill. de Horne Peter Rede and VVill. Batelesford for those banks c. in the Towns of Idenne Rye Odymer Brode Farlegh Pette UUynchelse Iclesham Gestling and UUestfield In 8 R. 2. to Sir Robert Bealknap Sir Tho. Hungerford Knights Roger Ashbournham Will. Batisforth and Iohn atte Broke for those betwixt the Town of Bourne and the Towns of Helyngham and Bixle In 14 R. 2. to Sir Thomas Colepepir Knight Will. Rikhill Roger Ashburnham Stephan Bettenham and Iohn Edwards for those betwixt the Town of Kentbregge and Newenden then much broken by the violence of the Sea And to act therin according to the Law and Custome of this Realm and the Custome of Romeneye marsh In the same year to Hugh de Sowches Iohn Falwesly Will. Percy VVill. Brinchesle and others for those betwixt the Town of Ifeld and the main Sea upon the River of Lewes and Passage of Pulberowe and the main Sea and upon the River of Arundell on both sides of the banks and to do all things therein according to the Law and Custome of this Realm In 15 R. 2. to the Abbot of Begehame the Prior of Michelhame Iohn Devereux Constable of Dovor Castle Sir Will. Fienles and Sir Roger Newent Knights Will. Batelesford and others for those upon the Sea-coast and Marshes in the Towns of Peveneseye Aylesham UUrotlynge Hoo Herst Monceaux Mankesheye UUylyngdon UUesthamme Horsye and elswhere from the head of Godyng to Clune of Bourne And so likewise by another Commission for those within the Precincts of the Townships of Ashbournhamme and Bourne In 17 R. 2. to Will. Rikhille VVill. Brenchesle Vincent Fynche Robert Oxenbrigge and Iohn Lynot for those in Farlegh Pette-Gestlyng Brede Westfeld Odymere and to act therein according to the Law and Custome of this Realm and the Custome of Romene marsh And in 20 R. 2. to the Abbot of Bataille Prior of Hastyngs VVill. Brenchesle Robert de Ore and others for those betwixt Hastinges and Bulwerheche and to proceed therein as abovementioned The next year following upon a Commission issued out to the Abbot of Begeham Prior of Michelham Sir Wil. Fienles Knight VVill. Makenad and Iohn Broke touching the repair of the banks c. betwixt Ashebournehamme and Bourne the Jurats inter alia presented that the bank beginning at Borham brigge and going to the land of Sir VVill. de Hoo Knight was in decay through the default of the Abbot of Begeham and his partners And from thence the Bank leading to the land of Stephan Plasted through the neglect of Sir Will. de Hoo Knight And from thence the banks reaching to the bounds of Marcopson through the default of Stephan Waller and VValter Sumpter And the banks reaching from that place to the Land of Iohn Sweteblod in default of Sir Philip Sencler Knight And thence the bank tending to the land of Sir Philip Mested Knight in default of the said Iohn Sweteblod And thence the bank stretching to the land of Sir Will. Fienles Knight in default of the said Sir Philip Mested And thence the bank tending to the land of Simon Lot in default of the said Sir VVilliam Fienles And thence the Bank tending to the old sluce of Pevenese in default of the said Simon Lot All which persons by reason of their Land-holdings within the said Marsh were obliged so to repair and maintain those banks by parcells their Ancestors and those whose estates they had having time out of mind so done And that then through such their neglect many losses had befallen those parts And they also certified that the Sewer beginning at the bounds of Squabber and extending it self to Gorebreggs and so to Sakevylestrow and so to Yortham and thence to Rikenebrigg and so to the old Sluce of Pevenese and thence to Wyllendonestrow and so to the Gutter made through the midst of a Hillock by which the fresh waters descending to the Sea from six thousand three hundred fifty eight Acres three Rodes and a half of Land Meadow and Pasture had wont to passe and of antient time ought so to do anâ— from the said bounds of Squabber to the said old Sluce of Pevenese was then filled up and obstructed with grasse reeds and other filth for a long time suffered there to grow and from the said old Sluse of Pevenese to the said Gutter in such sort as that by the shallownesse thereof the course of the water
was much hindred and obstructed through the default and neglect of all the Tenants of the before-mentioned 6358 Acres 3 Rodes and a half of Land with the appurtenances who according to their proportions were also obliged to those repairs That is to say the Tenants of two hundred and nine Acres of land Meadow and Pasture thereof lying in the Marâ—h of Megeham two furlongs and seventeen perches of that Sewer in length beginning at the said place of Squabbar and so going on unto ............ And all those Tenants from the said place of Gorebreggs to the place called Sakevylestrow for the said Tenements one moytie of the said Sewer towards the North. And all the other holding an hundred fourscore and ten Acres of land Meadow and Pasture in the Marshes of Megeham and Whelpole the other moytie of the said Sewer towards the South containing in length sixteen furlongs And the Tenants of three hundred and sixteen acres of land Meadow and Pasture in the Marshes of Boghele Balle and Herst-Monseux from the place called Sakevylestrow to the place called Ladytrowe seven furlongs of the said Sewer And from the said place called Ladytrowe all the said Tenaâ—ts of the Lands and Tenements aforesaid in the Marshes of Megeham Whelpole Boghele Ball and Herst-Monseux for those their Tenements seven furlongs of the said Sewer unto the said place of Yortham And from thence the Tenants of eight hundred ......... and four Acres in the Marshes of Horsye and Doune for their Tenements three furlongs and nine perches of the said Sewer unto the said bounds of Rikenebrigg and from that place to â—â—e old sluce of Pevenese and thence to the place called Wyllindonestrow the said Sewer to be repaired by all that hold the said lands in the Towns of Wortling ................ Horsye Mankesye Haylesham Westham and Pevenese in common and that in the evacuation of the fresh waters by the said Sewer if thaâ— Sewer should be enlarged they should have benefit and full safeguard without any contribution from the other Lands and Tenements lying in the Towns of Bourne Langenere and Willyndon which from that time by the law of the marsh ought not to contribute to their repair forasmuch as those lands could not in any wise be preserved by the said Sewer And they farther certified that there was another Sewer beginning at a place called the Hokes and extending to the Clyne of Langene and so to the said place called Wyllindonestrow by which the fresh waters of the said Lands and Tenements in the Marshes of Bourne Langeneye and Wyllingdon descending to the Sea were voided away Which said Sewer the Tenants of those lands and Tenements in the Towns of Bourne Langeneye Willyndon ought to repair and maintain for evacuation of the fresh waters and that they and their Ancestors did time out of mind so do And that the said Sewer in that place called Willindonestrow unto the said Gutter ought to be repaired by all the land-holders except within the before-specified limits so that the fresh waters being conjoyned by both the said Sewers might passe to the said Gutter and be thereby evacuated which Gutter to be repaired at the common chardge And that from .......... unto the house called Wyllindonestrow and to the Sluce of Pevensey it ought to be repaired at the chardge of all the said Land-holders in the Towns of Wortling Otham Hurst-Monceux Horsie Mankesie Haylesham Westham and Pevenesey only and that thence to the said Gutter it would be necessary for the safeguard of the whole Marsh to enlarge the same Sewer in bredth two perches and in depth three foot at the chardge of all the Tenants of the whole Marsh within the bounds and limits aforesaid And they presented moâ—eover that from the said place called Wyllendonestrow by the side of the said old Sewer on the East it would be fit to have a a new Sewer made in the common Marsh in bredth three perches and in depth xv foot extending to the said Hillock as also a new Gutter through the midst of that Hillock in length xx perches in bredth eight foot and depth two foot and an half and to enlarge the old Gutter unto sixty foot in length the chardge of all which was then esteemed at CClibr. And they farther certified that if the said Sewers and Gutters should be so repaired great profit and safeguard would accrue thereby but if speedy remedy were not had the losse in a very short time would be inestimable Whereupon command was given aswell to the Constable of Dovor Castle and VVarden of the Cinque Ports or his Lieutenant as to the Shireeve of Sussex to summon the Abbot of Begeham and his participants as also all and singular the land-holders in the Villages aforesaid to appear before the said Justices at Westham upon Monday next after the Feast of the Purification of the blessed Virgin to answer why c. as also all the land-holders within the said marsh that they should likewise then and there meet to perform and do what should be directed by the King 's VVrit so sent unto the said Lieutenant c. And the said Shireeve did make his return at that appointed day before the said Justices that he had given notice accordingly unto the Abbot of Begeham c. as also to the land-holders in the said Marsh to appear at Westham upon the day before-specified Divers others were then also summoned by the said Shireeve in like sort some whereof appeared but the Abbot of Begeham and many others came not And those that appeared answered that neither they nor their Ancestors whose estate they then had in those lands with the other lands tenements lying in the said towns of Wortlyng Otham Herst-Monceux c. had used to repair in common the before-mentioned Sewer from the place called Rikenebrig unto the old Sluce of Pevenese and that in case they had so repaired those Gutters and Sewers they should have had no benefit by the evacuation of those fresh waters as by the said Presentment was then supposed VVhereupon by virtue of another VVrit directed to the said Constable of Dovor a Jury was impanelled and Sir William Hoo Knight with divers others being summoned did appear in person and did severally say as to their Tenements lying in the said Town of Mankesye without the liberty of the Cinque Ports that there was a Sewer called Mankesey streme beginning at a certain boundary called Herstbolt and extending it self under Walleres Haven unto the old Port of Coding by which Sewer the fresh waters descending into those parts were evacuated and that they and their Ancestors whose estate they had in the beforespecified lands did use time out of mind to repair the said Sewer and had commodity and ample safeguard thereby without that that they and their Ancestors and those whose estate they had in the Tenements aforesaid did in common repair and maintain that Sewer beginning at the boundary called Squabber tending to Gorebreggs and
upon their Oaths that the common Watercourse betwixt Asheburnehamesmyll and Batesford to Godyngeshavene was so obstructed by sand mud grasse and other filth that three thousand seven hundred eighty and three Acres of land were by this stoppage of the course of the fresh waters drowned that it would be necessary profitable for the safeguard restoration of those lands that the common current from Morespicheswalle to the Mark dyke were newly clensed which contained six furlongs by estimation and might be scoured for xij Marks Which Chanel all the Landholders as well above Borham bregge as Rokland Morhale Hoo Ladyland Cralle and of the Land of Christian atte Mershe ought to make clense and scour And they also said that the current from Markdyke to Pevenese bridge contained in length xiij furlongs which being then likewise filled with mud and sand by the ebbing and flowing of the tides might be clensed and scoured according to their estimation for xll. And that there was need of a new Sluse at the said Pevenese bridge in length xx foot in bredth xiiij and in height four foot which might be made for xl. by estimation to the scouring of which Chanel and making the Sluce all the Land-holders above Borham bregge in Brodewyshe and Cornbroke ought to make full contribution and the Land-holders above Tonleghebregge to Condennesbregge half contribution according to the proportion of their lands And likewise all the Landholders on the South side of Morespicheswalle half contribution according to the quantity of their said lands And that all the Land-holders in the marsh of Mankesye Bestenovere Marchalls Bakers and Wykham to contribute for the purposes abovesaid a fourth part for this present occasion but not to be claimed as a due in time to come And they farther said that it would be necessary and profitable for all the Land-holders aforesaid and for the security of Pevense Haven that all the Banks on the other side upon the Saltes from Morespicheswalle to the Sea should be broken and taken away without any impediment of the Tenants of those Banks And they said moreover that if the said Port of Pevenese had not been stopt up with mud and sand by the ebbing and flowing of the Tides so that the fresh water from the said Sluse could not have it's course then would it have been needfull that the said Sluce should be pulled up and set down anew at Wyldemershe betwixt the Sluce of Hoo and the Sluce of Mankeseye and that a new Sewer should be made from the said Sluce so placed anew through the midst of the Lands of Iohn Aske unto the Kokyr of Mankesye allowing for the Land of the said Iohn Aske according to the Law Custome of Romene marsh Also they said that it would be necessary and beneficial for the Abbot and Covent of Begham for his lands at Roklond that they and their successors have one little Sewer with a bolt fastned under the common Water-course into the Brook of Hoo for evacuation of the dead water arising from rain and springs in the said grounds of Roklond and this to be made at their own proper chardges And the said Abbot and his successors to maintain the said VVater-course from that bolt called Morespicheswalle at their own proper chardges And if the said current through the increase of the water should go out of it's course by the neglect of the said Abbot or his successors that then it might be lawful for the Tenants of Hoo to shut up the said bolt untill he the said Abbot and his successors did make full satisfaction to the said Tenants of Hoo for their losses therby occasioned And the said Jurors did likewise affirm that it would be necessary to have one Bayliff one Collector one Expenditor and other Skawers of the most sufficient land-holders who might have power to do all things therein according to the Law and Custome of Romene marsh and to make new Ordinances of Pevense marsh and to return them into the Chancery to be exemplified with the said Kings great Seal so that if the said Sewers or Floudgates should be so repaired they might have benefit and full safety thereby And that in case a proper remedy were not the sooner had therein an inestimable losse would be like to happen within a very short time VVhereupon there was a Precept issued out both to the Constable of Dovor Castle or his Lieutenant and to the Shireeve of Sussex that both of them should give warning to all and every the land-holders of the Tenements within those Towns to appear before the said Commissioners at Marchalleswalle neer the ......... of Pevense upon the Thursday being the Eve of S. Margaret the Virgin then next ensuing to shew what they could say for themselves why they ought not to be chardged with the performance of those repairs according to the proportion of their holding and form of the said Inquisition and to do and undergo what the Kings Court should further appoint in that behalf And accordingly Iohn Colbrond was elected to the Oâ—fiâ—e of Bâ—yliff and sworn to act according to the Custome of the Marsh And Richard Palmere to the Office of Collector and Expenditor and sworn as aforesaid And Thomas Colbrond William Bulke and others to the Office of Skawers and sworn likewise to undergo that Office according to the Law and Custome of the said Marsh. At which day the said Lieutenant to the Constable of Dovor Castle made his return to the before-specified Prior of Michesham and his Fellow Justices that he did summon Iohn Aske Robert Redyng with divers others to appear before them and likewise the Abbot of Begham But the said Iohn Aske and many others appeared not But Iohn Wodelond and some others who did appear were ready to contribute to those repairs c. In 8 H. 4. Sir Iohn Dalingrugge Knight George Ballard Stephan Bettenhamme Will. Snayth Henry Horne and others were constituted Commissioners for the view and repair of the Banks upon the Sea-coast from a certain place called Blakwose in Kent unto Rye in this County and the coasts of the water called Apoldreflete from the Sea to Bodihamme on both sides the said water which at that time were much broken with the Tides And to perform all things therein according to the Law and Custome of England and the Custome of Romeney Marsh. And the next year following the same Sir Iohn Dalingregge Sir Iohn Pelham Knight Robert Oxenbrigge Iohn Hall the elder and Iohn Hall the younger had the like Commission for the Banks upon the Sea-coast betwixt Hastynges and Boxle within the Parishes and Towns of Wyltyng Holyngton Boxle Crowherst Hastynges and Bulwerhythe and to transact all things therein according to the Law and Custome of this Realm In 2 H. 5. upon an Inquisition taken before Thomas Erpyngham Constable of Dovor Castle Will. Brenchesle Robert Oxenbrigge and others for the view and repair of the Banks betwixt Farleghe in
this County and Apulâ—re in Kent the Jurors presented upon their Oaths that there was a certain small Mâ—rsh neer unto the Town of Rye within the liberty of the Cinque Ports called S. Mary Croft containing by estimation xlviij acres of land which could not be well defended against the force of the Tides except an old Gutter therein were stopt up And they said that it would be necessary and profitable for the preservation and clearing of the said Marsh that there were a new Gutter and Seweâ— made beyond the bank of the said marsh and the land of Iohn Chitecrofte in a certain Marsh called Corboylesmarshe containing ........... about a quarter of an acre of land and so to passe into the Water-course coming from Leveshameswall unto the Sluce at Melflâ—t All which said work viz. the stopping up of the old Gutter and making of the new Sewer and Gutter might be performed as they estimated it for xijl. And they farther said that the Land-holders of the said Marsh called S. Marie Croft should pay to the said Iohn Chitecroft for the said land according to the Custome of Romeney marsh for every Acre xls. And they likewise said that the said Land-holders should be lyable to make contribution for their portions towards the diverting of the VVatercourse in Curboylesmarshe for the maintenance of the Sluce there and the Bank beyond the said Sluce not taxed as also to the making of the new Sewer in Curboylesmarsh when occasion should be viz. for every Acre of theirs as the Land-holders of Curboylesmarsh for theirs which water so diverted was not to the hurt or damage of the said Marsh called Curboylesmarshe And therefore the Maior and Bayliff of Rye had command that they should summon the said Iohn Chytecroft to appear before the Lieutenant to the Constable of Dovor Castle at Rye upon the Wednesday next before the Feast of the Nativity of the blessed Virgin to shew c. As also the land-holders of the said Marsh called S. Mary Croft VVho severally said that they could not gainsay but that they were obliged to make contribution according to the Inquisition aforesaid And likewise the said Iohn Chitecrofte who said nothing thereto Therefore it was decreed that the said new Gutter and Sewer beyond the said Bank and over the land of the said Iohn Chitecrofte should be made according to the purport of the said Inquisition and that the said Iohn Chitecroft should have for his said land according to the Custome of Romeney marsh x s In 3 H. 5. Sir Iohn Pelham Knight Richard Wakeherst Robert Oxenbrigge Vincent Fynche Adam Iwode and Will. Marchaunt were constituted Commissioners for to view and repair the banks c. betwixt the Towns of Pesemersh Rye Farlegh and Pette and to do all things therein according to the Custome of the Marsh and the Law and Custome of this Realm So also in 9 H. 5. had Robert Oxenbrigge Henry Hoorne Iohn Halle junior Will. Cheyne and Adam Iwode for those betwixt Ashewalle and the course of the Sea-water running from the town of Rye to Appuldre and Bodyam in the Towns of Wytresham and Stone in Kent and to Idenne Pesemâ—rshe and Bekkele in this County and to do all things therein according to the Custome of Rumney Marsh and the Law and Custome of England The like Commission the same year had Robert Lord Poynings Thomas Prior of Lewes Iohn Preston Sir Iohn Pelham Knight Iohn Darell and others for those betwixt Flecchyng and Seford on the Sea-coast and to perform all things therein according to the Custome of the Marsh and the Law and Custome of this Realm So also the same year had Sir Iohn Pelham Knight the Prior of Michelham Robert Oxenbrigge Adam Iworde Iohn Nelonde and Iohn Halle for those betwixt Hastyngs and Boxele in the Towns of S. Leonard Holyngtone Wyltynge Bexele Croweherst and Bulwerhithe and to proceed therein as abovesaid The like had Will. Westbury Robert Oxenbrigge Iohn Hall Richard Wakehurst and others for those betwixt the Parish of Berghestede on the west part and the parish of Felgham on the East and from those Parishes to Westregate and to do all things therein as abovesaid So also in 1 H. 6. had Sir Iohn Pelham Knight the Prior of Michelham Robert Oxenbrigge and othâ—rs for those Banks betwixt Hastyngs and Bexele as abovesaid And the like had Robert Lord Ponynges Thomas Prior of Lewes Iohn Preston Sir Iohn Pelham Knight and others for those betwixt Flecching and Seford and to proceed therein as abovesaid But in such sort did the said Sir Iohn Pelham and his Fellow Commissioners proceed therein that in 6 H. 6. upon information made to the King that they had by colour of that Commission raised certain new Banks which did so obstruct and hinder the antient course of of those fresh waters that had used to run betwixt the said towns of Hastyngs and Boxle by certain Sewers and Trenches to the Sea that much land was thereby drowned the said King assigned the Abbot of Bataille the said Sir Iohn Pelham Knight Sir Roger Fenys Knight Adam Iwode Iohn Corffe and others to view the same and to take such course for the rectifying thereof as should be consonant to the Custome of the Marsh and the Law and Custome of this Realm In 10 H. 6. Humfrey Duke of Gloucester Sir Thomas Echyngham Knight Iohn Halle Will. Fynche and others were appointed to view and repair the Banks betwixt Farlegh in this County and Derlandes Knokke in Kent and to make Laws and Ordinances therein according to the Custome of Romeney Marsh As also to imprest so many Labourers upon competent wages as there should be cause for to imploy in that work considering the great necessity of expedition therein The like appointment in 12 H. 6. had Iohn Earl of Huntendon Robert Prior of Lewes Sir Robert Poynings Sir Thomas Echyngham Sir Thomas Leukenore Knights Iohn Darell Richard Wakehurst and others for the Banks betwixt Flecchynge and Seford upon the Sea-coast and to proceed as abovesaid as also to imprest such and so many Labourers upon fitting wages c. as abovesaid So also in 21 H 6. had Edmund Mille Will. Sidney Iohn Leyle Iohn Wode Richard Dalingrugge Esquire and Will. Breys for those betwixt the Parish of Berghstede on the VVest part and the Parish of Folgham on the East and from those parishes extending to Westgate And to do all things therein according to the Custome of the Marsh and the Law and Custome of this Realm Tâ—e next year following had Sir Rog. Fenys Knight Richard Dalyngrugge Esquire Iohn Faukes Clerk Iohn Denysh Esquire Edmund Mille and Adam Iwode the like Commission for those banks c. betwixt Hastyngs and Bexele within the Towns of S. Leonard Holyngtone Millynge Bexele Croweherst and Bulwerhithe and to proceed therein as the last Commission directed In 33 H. 6. Richard Abbot of
Bataille Will. Westbury â— Provost of Eton College neer Windsore Iohn Faukes Clerk Thomas Hoo Esquire and Bartholmew Bolney were assigned to view and repair the banks c. within the Precincts of Batesford Ashburnehammesmille Godyngeshaven from Pevenese bridge to Newestclewes of Waltershaven and from Newestclewes by the Sea to the point of Godyngeshaven and from the point of Godyngeshavene to Romestrete and from Romestrete to Bellamsgutte and from Bellamsgutte to Densexgote and from Densexgote to Pykeledbrigge and from Pykeledbrigge to Swynesham brigge and to act therein according to the Law and Custome of Romeney marsh Several other Commissions there were in this King's time and afterwards in all which the Commissioners were directed to proceed according to the Law and Custome of Romeney marsh viz. in 34 H. 6. to Sir Richard Fenys Knight Thomas Echyngham Richard Dalyngregge and Iohn Passele Esquires Bartholmew Bolney and Martin Oxenbrigge for the Banks betwixt Sedlescombebregge in the Parish of Sedlescombe on the VVest part to Snaylham and the place called the Pyke in the Parishes of Brede and Gestlyng on the East part on both sides the common Watercourse betwixt the said Town of Sedlyscombe and Wynchelse In 36 H. 6. to Sir Richard Fenys Knight Sir Roger Leukenore Knight Nicholas Huse Thomas Hoo Barth Bolney and others for those from Coleworthe to Fleghambrigge and thence to the Sea In 37 H. 6. to Sir Iohn Pelham Knight Thomas Echyngham Henry Hall Robert Oxenbrigge and Iohn Copeldyke Esquires Bartholmew Bolney and Martin Oxenbrigge for those betwixt a place called Fodyr and the Town of Wynchelse In 3 E. 4. to Sir Roger Leukenore Knight Will. Sydney Iohn Ernely Thomas Tawcke Humfrey Hewester and Iohn Goryng for those Banks from Coleworthe to the Sea In 5 E. 4. to Sir Thomas Echyngham Knight Barth Bolney Henry Halle Rob. Oxenbrigge and Will. Baker for those from Yham in the Parish of S. Leonards and from Yham to the Lands called Cregge and the Lands of Iohn Fynche In 6 E. 4. to Sir Roger Leukenore Knight Nich. Huse Esquire Iohn Fuyst Iohn Goryng Will. Ernele and others from the water of Coleworth to the Sea And in 14 E. 4. to Sir Iohn Fogge Sir Iohn Scotte Sir Will. Haute and Sir Iohn Gilford Knights Iohn Elryngton Iohn Bruaston Henry Auger Will. Belknap and Robert Oxenbrigge Esquires Barth Bolney and others for those betwixt Roberts brigge in this County and the Town of Romeney in Kent In 17 E. 4. upon an Inquisition taken at a place called Dencourt's marshe the Friday next after the Feast of the Nativity of S. Iohn Baptist xvij E. 4. before Sir Thomas Echyngham Knight Henry Aucher Gervase Horne Robert Oxenbrigge VVill. Belknap Henry Belknap Iohn Bradford Iohn Copeldyke Iohn VVody and Thomas Oxenbrigge Commissioners to view and repair the Banks betwixt the River of Apildoure to Rye on the West part and thence to the Wall called Fresh walle on the East part and the Wall of the Monks of Christs-Church in Canterbury called Newe Walle as far as the lands belonging to the Abby of S. Augustines did reach on the South part the Jurors did then and there present upon their Oaths that it would be very necessary and profitable for the safeguard amendment and clearing of the said Marsh and prevention of drowning to that part of the Country adjoyning thereto that there were a new Bank made from the said VVall called Newe Walle by the Chanel leading from Apyldore to Rye and to the said water called Moreflete and thence to the said place called Freshe-walle as far as the lands then belonging to the Abby of S. Augustines did extend And that the said Bank should be in length from the said VVall called New Walle unto Moreflete aforesaid and thence to the said place called Fresh Wall upon the flat Marsh MCCiiijxx Rods and an half and in Crekes and Flets Lxix Rods. And they say that every Rod of the said Bank upon the plain Marsh might be made for two shillings and four pence and every Rod in the Crekes for xis. And they farther said that within the same Marsh by the making of that Bank there might be saved from the overflowing of the Tides MCCCCxij Acres of good Marsh of which number Miiijxx and two Acres were in Kent and CCGxxx Acres in this County and that all the said Acres in both Counties did lye together and contigious to the bounds of those Counties and adjacent to the said Marsh and that no one Acre could be conveniently taxed to the making of the said Bank without the other the assessment of them having been so time out of mind whereof were Tenants the Abbot of S. Augustines in Canterbury the Prior of Christs-Church in Canterbury Sir Iohn Elryngton and Sir Iohn Scott Knights Iohn Engham Thomas Ian the heirs of Iames Marshall the heirs of Robert Marshall the VVidow of Stephan Dene the heirs of Thomas Thurder and Robert Fermor Of which the Abbot of S. Augustines aforesaid was seized in the right of his Church in his demesne as of Fee in the said Marsh in Kent of CCij Acres the Prior of Christs-Church of Ciiijxx and xvi Acres Sir Iohn Elryngtone Knight of Dxxxiij Acres whereof CCLvi Acres in this County of Sussex Sir Iohn Scott Knight of Lxxiiij Acres in this County whereof VValter Roberd claimed a part but how much the Jurors knew not Iohn Engham of Lix Acres and one Rode of that part which lyeth in Kent Thomas Ian of xix Acres and an half of the like The heirs of Iames Marshall of half an Acre and a Rode The heirs of Robert Marshall of viij Acres and a Rode The VVidow of Stephan Deine of two Acres and a Rode The heirs of Thomas Thunder of xxiiij Acres and Robert Fermour of xxxvi Acres all lying in Kent And moreover the said Jurors affirmed that it was both reasonable and just that all the said Tenants should make contribution every man according to what he held in the said Marsh for the making and maintenance of those Banks And the said Commissioners by the consent of the said Jurors Bayliffs of Franchises and all others who were concerned in the making of the said Banks and repair of them ordained decreed and assessed upon every acre of land within the said Marsh a tax of nine shillings to be paid at the Feast of S. Peter ad vincula and at the Nativity of our Lord then next following by equal portions And they farther said that it would be most necessary and profitable for the preservation and good Government of the said Marsh that there should be chosen one Bayliff and one Collector and other Skawers of the principal Land-holders there who should have power in all things to be done therein according to the Law and Custome of Romeney marsh VVhereupon the said Commissioners by the assent aforesaid made choice of Sir Iohn Elryngton Knight to be Bayliff and
Lordships which being accepted of by the King there were Allotments then made according to the proportion of each Mannour Neverthelesse after this fair entrance to so good and beneficial a work nothing was done therein To give some encouragement therfore to posterity in case this present age shall still decline it I have here exhibited a perfect Map thereof with the particular Allotments assigned to each of those bordering Lordships The Division and Allotment of King's Sedgmore to the several Mannours and Freeholders thereunto adjoyning according to the Survey thereof taken   Quantity of the Mannors Allotment of Acres in the Moor. Names of the Mannors  Acres Acres Dunwere Bower To the heirs of Sir Robert Chichester 600 171 To William Hinkmore Esquire 350 100 To Brent's Lands there 260 75 Stawell To Sir Iohn Stawell Knight of the Bathe 960 274 Sutton Mallet To Iohn Mallet Esquire 820 234 Bawdrippe To Walter Longe Esquire 765 218 Brodney To Thomas Muttlebury Esquire 246 70 Middle Zoy. To Richard Warr Esquire 1714 488 To Sir â—ichard Strode 194 56 To the Freeholders there 80 23 Mourlinch To the heirs of Mr. Floyer 1240 354 Higham To Henry Lord Gray 2485 708 Netherham To the heirs of Sir Edward Hext 928 264 Aller To Sir Iohn Stawell   Berre To Sir William Courtney 400 114 To Iames Northover Gentleman his Farm there 300 86 To the Parsonage and other Freeholders there 100 29 â—ishcot To Sir Thomas Cheeke 1846 526 Horsey To Sir George Horsey 1293 370 Ched Zoy. To William Earl of Pembroke 1440 411 Wesâ—on To Sir Peter Van Lore 2038 582 To the Parson and Vicar Iohn Brag and Nicholas Watts   Othery To Edward Trint Esquire 1378 393 To Mr. Balle Mr. Harris and Mr. Sanders their Freeholds 121 35 Somerton To Thomas Hill Esquire 1430 408 To Iames Rese Esquire 464 132 To the heirs of Sir Edward Hext 3159 901 To the Parsonage there 171 49 To the Church-Burgages 52 15 Graynton To the heirs of Mr. Watts 1019 291 Pitteney To William Earl of Northampton 1114 318 To the heirs of Sir Iohn Hanham 882 251 Cumpton Dondon To Sir Iohn Strangways Knight 1921 548 To Baronet Portman his Freehold there   Walton To Sir Thomas Thinne 1893 540 Streete To Andrew Whittington 1711 488 To Mr. Alexander Deyer   To Freeholders omitted    Memorandum that these Allotments were rated proportionably after the rate of xxviij Acres and a half of the Moor by the perch of xv foot to every hundred Acres of the severals The total 32374 Acres The total 9522 Acres besides 4000 Acres intended for the King CAP. XXIâ— TOuching the Marshes in this County the first Commission that I have found was in 5 E. 2. and directed to Iohn de Wyllington Robert de Clyderhom and Stephan de Salt-marsh for the view and repair of the Banks c. in the parts of Hambury in Saltmersh The like about two years after was directed to Nich. de Kyngeston Richard de Rodeneye and Iohn de Dunstaple In 33 E. 3. Thomas de Berkelee of Coberlee Simon Basset William de Chiltenham Iohn de Yate and Iohn de Clifford were assigned to view and take order for the repair of all those which were bordering upon Severne betwixt Bristoll and Gloucester So also in 36 E. 3. were Thomas Moygne Iohn Tracy Iohn Clifford and Iohn Sloghtre And in 38 E. 3. the said Iohn Tracy Iohn Clifford and Iohn Sloghtre Who accordingly sate at Thornbury upon Monday next after the Feast of S. Peter ad Vincula where the Juroâ—s presented unto them upon Oath that Iohn Fitz Nicholl Lord of Hull was bound to receive the watercourse of the Rendyche lying betwixt the Lordships of Roehampton and Hull and to lead the same upon his own land unto the Severne which he had not done and that the Country was dampnified by such his neglect And the same Iohn being thereupon distrained to come before the said Justices at Sobbury on Wednesday next after the Feast of Peter Paul in the 39th year of the said K. E. 3. to answer thereunto came and said that he ought not nor ever did receive and lead the said Watercourse upon his own proper soil unto Severne as it was alleged and therefore did put himself upon the Countrey And accordingly was dischadrged therof by the Jurors In 44 E. 3. Iohn Moubray Will. Wakebrigg Iohn Sarjaunt Robert Palet and William Church hill were appointed to view and repair the Banks c. in Saltmersh neer Bristoll In 2 R. 2. it was certified that there was and antiently had been a certain standing water occasioned by rain in the Meadows and Fields of the Towns of Aylbrighton Olveston Auste neer Cotes and Littelton in the Winter season every year for the drayning whereof there likewise was and antiently had been a certain Trench wholly out of the land the Abbot of Malmesbury extending from the waters of the said Towns to a certain place called Holpole and from thence to another place called Holpole and thence to a place called Pynkenhampspull and thence to another place called Cakepull and thence to Severne which is an arm of the Sea Which trench the said towns of Aylbrighton Olveston Auste neer Cotes were obliged to scour And they said that neither the waters of Aylbrighton Olveston Auste neer Cotes and Littelton nor any other waters coming upon or overflowing the Lands and Meadows of those Towns by rain or any other means before the twentieth year of the reign of King Edward the first did use to run to Boyston nor from thence to Severne noâ— Littelton's pull nor to the trench which the said Abbot claimed only for the drayning of the waters overflowing his Lands unto Severne as by the allegation of Thomas Shardelowe then the said King's Attorney was supposed Several other Commissions there were in this King's time for the repair of the Banks Ditches and Sewers in this Shire viz. in 4 R. 2. to Sir Thomas de Berkele and Sir Iohn Thorpe Knights Raphe Waleys and Iohn Stanshawe for those in the Towns of Albrighton Olveston Luttleton and Aust neer Cotes In 6 R. 2. to Sir Iohn Beauchamp of Powyk and Sir Will. Castelacre Knights Iohn Cherleton and William Heyberer for all in general throughout this County In 8 R. 2. to Sir Thomas Berkele Sir Iohn Berkele and Sir Edward de Bradeston Knights Robert de Cherletone Iohn Sergeant Raphe Weleys and Iohn Stanshawe for those on the coast of Severne in the Hundred of Berkele Grumbaldesash Thornebury and Hembury In 9 R. 2. to Thomas Berkley of Bâ—rkley Robert Bealknap Iohn Berkley Iohn Tracy Iohn Sergeant and Iohn Lucy for those on the coast of Severne and parts adjoyning So likewise in 13 R. 2. to Sir Iohn Berkele Knight Iohn Cassey Raphe Waleys and others In 16 R. 2. the King directing his Precept to
that Margerie the VVidow of Robert de Botheby of Rihill conspiring cunningly to supplant him in his right caused the same trench in the said Kings absence from England to be stopt up and his Tenants of that Mannour who were at the making thereof to be impleaded by divers VVrits as trespassers to the said Margerie alleging that they had broken the Banks of a certain Sewer at Rihill aforesaid so that the water thereof by that breach did drown her lands that she could have no profit by them And that certain VVrits of Nisi prius for to take Inquisition upon the premisses were granted to the said Richard and VVilliam by which in case they should be taken or that there should be such proceedings therein he the said King might easily receive prejudice and disherison especially if thereby his said Tenants should be convicted of those trespasses for then it would appear that he had no right to make that trench Therefore the said King being desirous by all wayes he could to prevent such damage and disherison commanded the before-specified Richard and William that they should wholly supersede the taking of any such Inquisitions by virtue of his said VVrit of Nisi prius In 17 E. 3. Sir Thomas Ughtred Sir Gerard de Useflet and Sir Will. de Kednesse Knights Iohn de Bekingham and Iohn de Langeton were assigned to view the banks betwixt Turnbrigg neer Rouclif and the antient course of the River of Done in the parts of Merskland as also those upon the Rivers of Ayre Use and Done thereabouts which were then much broken by the flouds of fresh waters and to take order for the repair of them In the same year upon a Petition exhibited to the King in Parliament by the Inhabitants of Merskland in this County and they of â—xholme in Lincolnshire shewing that whereas King Edward the second at the sute of them the said Inhabitants suggesting that the River of Done which is the division betwixt the said Counties where the course of the water had wont to be aswell for the passage of ships from the town of Doncastre unto the River of Trent as for the drayning of the adjacent lands was obstructed by the Sea-tides and thereupon gave Commission to Iohn de Donecaster and others to clear the same and reduce it to it 's antient course VVhich Commissioners did accordingly cause a trench of xvi foot and one grain of Barly in bredth to be thereupon digged at the chardge of the men of those parts from a certain place called Crulleflet hill unto Denmyn and did thereby reduce that stream into it's antient course And that since the said trench so digg'd there were bridges floud-gates and divers other obstructions made anew in the said stream so that it had not sufficient bredth but that the passage of ships was hindred and the adjacent grounds overflowed he therefore constituted Roger de Newmarsh Thomas de Levelannor Iohn de Ludington and Iohn de Rednesse his Commissioners to remove those obstructions In the same year upon information by the Inhabitants of Rykhale Skipwith Eskrik Styvelyngflet Duffeld and Bardelby that the banks of a certain Sewer which passeth from the River of Ouse unto Rikhale were so low and ruinous at Rikhale that by the flowing of the Ouse entring that Sewer and going over the banks thereof divers lands and Meadows of the said Inhabitants of those places as also a certain Road-way which goeth from Hoveden to Yorke and another which commeth from Selby to Yorke through want of repair of those banks and raising them higher were many times overflowed so that the before-specified Inhabitants for many years past had lost the benefit of their said lands the King therefore assigned Will. Basset Sir Will. de Rednesse Knight Robert de Haldanby and Iohn de Bekyngham his Commissioners to enquire thereof and to redresse the same By virtue of which Commission they the said Robert and Iohn sate at Rikhale upon Friday being the Feast of the decollation of S. Iohn Baptist in the year abovesaid before whom Henry de Moreby and his Fellow Jurors being impanelled and sworn did present upon their Oaths that there was a certain Sewer at Ryhkale called Rykhaleflete in the land of the Bishop of Duresme and the Prebendary of the Prebend of Rykhale by which the waters that descended from the Fields of Eskrik Skipwith and Rikhall fell into the River of Ouse and had done so time out of mind and that the banks of the said Sewer and those lying near thereto upon the said River were so low and the same Sewer by the frequent ebbing and flowing of the Ouse so worn away and enlarged in regard that the course of that River from Rikhale towards the Sea was then more straightned than formerly by banks upon the verge thereof newly made for the safeguard of the Country in divers places which causing it in Floud-times to rise higher than usually did by it's entrance of that Sewer over those banks drown much land meadow wood and pasture belonging to the Inhabitants of Rikhale Skipwith Eskrik and Thurgramby so that they often lost their benefit of those lands through the want of repair and raising the banks of the same Sewer viz. of the Bishop of Dureâ—me his Lands about Lxiiij Acres of the Lands belonging to the Prebendary of Rikhale and his Tenants about an hundred Acres of the land of Iohn de Manesergh about xxx Acres of the lands belonging to the Abby of S. Marie in Yorke lying in Escrik Park about Lx Acres of the lands pertaining to Sir Raphe de Lascels Avice la Constable Nicholas Damory the Prioresse of Thikheve and her Tenants about Cxx Acres of the lands of Edmund de Averenges and Iohn de Skipwith about Cxx Acres And they also said that the Road-way which leadeth from Hoveden to Yorke as also that High way from Selby to Yorke were by reason of that overflowing of the water entring by the said Sewer so often drowned that no man could passe them And that one Will. le Mareschall by reason of the said overflowing was drowned in that Road betwivt Seleby and Yorke the year before and so likewise was one Walter Redhed at another time in a place called Welebrig overflowed in such sort by the said water And being asked through whose neglect it was that those banks were not repaired and who ought to repair them they answered that the Prebendary of the Prebend of Rikhale had in times past a certain Mill which stood in the said Sewer in a place called Rikhaldrun for his own private commodity and a pool raised to a certain height upon which pool was a Causey for the passage of Carts and Waines and under that pool a Sluse six foot in bredth for evacuation of the water descending from the before-specified fields by which Causey and Sluse the tides of Ouse coming up the same Sewer and flowing over the banks thereof entring the said pool were
in the VVapentakes of Mauley and Coryngham and in the Soke of Kirketone in the said County of Lincolne and in the Soke or Hundred of Basâ—tlawe in this County And to make Statutes and Ordinances therein consonant to the Laws of this Realm and the Laws and Customes of Romeney marsh and to do all other things touching the same according to the Law of this Realm and the said Customes of Romeney marsh As also to imprest so many Labourers upon competent wages to be imployed in the said work as should be needfull considering the great and urgent necessity for the speedy accomplishment thereof The like Commission in 14 E. 4. had Thomas Bishop of Lincolne Will. Lord Hastyngs Sir Iohn Scrope of Bolton Knight Sir Robert Markham Knight Iohn Stanhope Gervase Clifton Robert Willughby Thomas Molineux Thomas Nevill and Iohn Metheley for the view and repair of the Banks and Sewersâ— from Broughton-Sulny unto the River of Devene in this County and from Feldyke in Bingham unto the said River of Devene as also by and about the same River from the County of Leicester beyond Kilvyngton unto the River of Trent in this County And to proceed therein as abovesaid So also in 22 E. 4. had the same Archbishop and most of the before-mentioned persons But farther touching the Fens in this County I have not seen other than what a Law of Sewers made at Stockwith 14 Aug. 5 Caroli mentioneth which is that whereas Iohn Lyens and other Dutch men had undertaken to the King and his privy Council to drayn the Carrs and Marshes in the Lordship of Hatfield in the County of Yorke Axholme in the County of Lincolne and other great Carrs in this County of Notingham and had made divers great Rivers and drayns to that purpose it was decreed that for the better conveying away of the waters one Sluce should be erected on Bikersdyke within the Parish of Misterton at a place lying over the bridge called Bleesford bridge and to make a cut over the common grounds called Bleesford to Mifterton firm grounds And that whereas the said Iohn and his Participants became undertakers for the drayning of certain Carr grounds in Everton in this County of Notingham in consideration thereof they were to have to them and their heirs and assignes for ever five hundred Acres of land laid out from Everton inclosures all along by Gryngeley bank side unto the Tofte Carr banke or New bank to be set out by Surveyors chosen on each part CAP. XXVII BEing now come into Lincolnshire I shall first begin with the Isle of Arholme which for many ages hath been a Fenny tract and for the most part covered with waters but more antiently not so for originally it was a woody Country and not at all annoyed with those inundations of the Rivers that passed through it as is most evident by the great numbers of Oak Firr and other Trees which have been of late frequently found in the Moor upon making of sundry Ditches and Chanels for the drayning thereof the Oak Trees lying somewhat above three foot in depth and neer their roots which do still stand as they growed viz. in firm earth below the Moor and the bodies for the most part North VVest from the roots not cut down with Axes but burnt asunder somewhat neer the ground as the ends of them being coaled do manifest Of which sort there are multitudes and of an extraordinary bignesse viz. five yards in compasse and sixteen yards long and some smaller of a greater length with good quantities of Akorns neer them and of small Nuts so many that there have been found no lesse than two pecks together in some places But the Firr Trees do lye a foot or eighteen inches deeper of which kind there are more than of any other many of them being above xxx yards in length Nay in the year 1653. there was a Firr pole taken up by one Robert Browne of Haxey of xxxvi yards long besides the top lying neer the root which stood likewise as it grew having been burnt and not hewed down which tree bore at the bottome ten inches square and at the top eight About xx years since also in the Moors at Thurne neer five foot in depth was sound a Ladder of Firr of a large substance with about xl staves which were thirty three inches asunder but so rotten that it could not be gotten up whole And in Haxey Carr at the like depth a Hedge with stakes and bindings The truth is that there are so great a number of Trees thus overgrown with the Moor through a long time of stagnation by the fresh waters in these parts that the Inhabitants have for the space of divers years last past taken up at least two thousand Cart Loads in a yâ—ar As to the time when this woody Level which extends it self into Dikes mersh and Hatfield Chase in Yorkeshire became first thus overflowed I can say nothing there being not any memorial thereof transmitted to us from the light of History or Records but that it hath been so for divers hundreds of years the depth of the Moor doth sufficiently manifest which could not in a few Ages grow to that thicknesse it is of Howbeit as to the occasion thereof I may rationally conclude it to have been through the muddinesse of the constant tides which flowing up Humbre into Trent did in time leave so much silt to obstruct the currents of Idle Done and other Rivers that having not their free passages as formerly they flowed back and overwhelmed that flat Country with water insomuch as the high ground became an Island as it is still we see called and a place so defencible in respect of the spaciousâ—esse and depth of the waters environing it that Roger Lord Moubray an eminent Baron of this Realm in K. Henry the second 's time and then Lord thereof adhering to young Henry upon his â—ebellion in those dayes repaired hither and fortified an old Castle which had been long ruinous for reducing whereof to the Kings obedience the Lincolnshire men having no other accesse thereto transported themselves by shipping in the year 1174 20 H. 2. So likewise in 50 H. 3. after the battail of Evesham wherein the rebellious Barons were discomfited some of them fled hither as to a place of security for the reasons above expressed But after that time it was not long ere the Inhabitants of these parts imitating the good Husbandry of those in other Countryes who had by banking and drayning made good improvements in such Fenny places did begin to do the like here For in 1 E. 3. I find that Robert de Notingham and Roger de Newmarch were constituted Commissioners to view and repair those Banks and Ditches as had been made to that purpose which were then grown to some decay So also were Iohn Darcy of the Park Roger de Newmarch and Iohn de Crosholme Several other Commissions there were
of Idel to Trent bank men rowing also with lesser Boats to look Swans over all parts of it betwixt Lammas and Michaelmasse And in like sort over Starr Carr and Axholme Carr insomuch as there was no lesse than sixty thousand acres of land thus overflowed by the said fresh waters The said King therefore being seized of this Island and of divers lands and waste grounds belonging to the same as also of and in the Chase called Hatfield Chase with Dikes mersh together with the Lordships of Wroote and Finningley in the County of Yorke all lying upon the same flat out of his Royal and Princely care for the publick good in regaining so great a proportion of surrounded land which at the best yielded little or no profit to the Common wealth but contrariwise nourished beggars and idle persons and having a Chase of Red Deer through a good part of this Fen which much annoyed and opprest the residue resolving by the advice of his Counsel partly for the easing of his chardge and increase of his revenue and partly for the improvement and reducing of so great a quantity of drowned and boggy ground to be made good Meadow Arable and Pasture for the general good did under the great Seal of England contract with Cornelius Vermuden then of the City of London Esquire by Articles bearing date the twenty fourth day of May in the second year of his reign the substance whereof was as followeth First that the said Cornelius should at his own chardge drain and lay the same dry beginning the work within three months after the said King should have agreed with those persons that had interest of common therein and finish it with all possible expedition That he the said Cornelius in consideration thereof should have to him and his heirs for ever one full third part of the said surrounded grounds to hold of the said King his heirs and successors as of his Mannour of East Geenwiche in free and common socage That he the said Cornelius should pay and satisfie to the owners of all lands lying within the same level and so surrounded such summs of mony as the said lands should be thought worth by four Commissioners whereof two to be named by the Lord Treasurer of England for the time being and the other two by him the said Cornelius That the work being finished there should be for the better preservation thereof a Corporation made to make Acts and Ordinances to that end as occasion should require consisting of such persons as he the said Cornelius and his heirs did nominate That within three years after they should be finished six Commissioners to be appointed viz. three by the Lord Treasurer of England for the time being and three by the same Cornelius his heirs c. to view them and estimate what the future yearly chardge might amount unto for the perpetual maintaining of them whereupon the said Cornelius to convey and assure the Inheritance of lands to such a value as might be thought sufficient to support that chardge And that whereas divers did claim common of Pasture in sundry of the said grounds it was agreed that the King should issue out his Commission under the great Seal of England to certain persons to treat and conclude with those Commoners by way of composition in land or mony concerning the same VVhereupon Commissions were accordingly directed to several Gentlemen of those Counties to treat and agree with all such as pretended right of Common within any of the Mannours above-mentioned which took effect with each of them except those of the Mannour of Epworth in this Isle But Sir Robert Heath being the then Attorney General exhibiting an information in the Exchequer Chamber against them three hundred and seventy who were all that at that time could be discovered to have right of common there came and submitted to such an Award as Sir Iohn Bankes the then Attorney general should make therein Who upon several hearings of all parties and their Councell made this Award viz. that of thirteen thousand and four hundred Acres belonging to that Mannour which was then to be drayned with the rest of the levell six thousand Acres should be allotted to the Commoners as their part or portion lying next to the Towns and so preserved for ever at the chardge of the said Cornelius Vermuyden and the remaining seven thousand and four hundred Acres to be set out in the remotest parts of those wastes to Sir C. Vermuyden and his participants for their third part and for the said late King's part in right of his interest as Lord of the soil which by consent was decreed in the Exchequer Chamber and possession thereupon established with the said Cornelius Vermuyden and his participants and to their assigns The agreement being therefore thus made this great work was accordingly begun and had so successful a progresse that with the chardge of fifty five thousand eight hundred twenty five pounds or thereabouts it became fully finished within the space of five years the waters which usually overflowed the whole levell being conveyed into the River of Trent through Snow Sewer and Althorpe River by a Sluse which issued out the drayned water at every ebb and kept back the tides upon all comings in thereof And now that the world may see what an advantage accrued to the publick by this noble though chardgable work I shall here from the before-specified Depositions observe First that since the drayning of Haxey Carr a great part thereof hath been sowed with Rape and other Corn for three years together and born plentiful crops That some part of the said Carr not worth above six pence an Acre per annum was after the said drayning worth xs. the Acre That several houses have been since built and inhabited in sundry places of the said Carr which formerly was drowned land So likewise in other parts of the levell That since the drayning the gounds are better worth xiijs. iiijd. an Acre than they were two shillings an Acre before That of ten Acres of drayned land fifty quarters of Rape seed have been gotten in one year and sold at xxxs. the quarter That of the said drayned grounds thâ—y have usually had three quarters and a half of wheat upon one Acre three quarters of Rye upon one Acre and eight quarters of Oats upon one Acre And for six years together seven quarters of Oats on one Acre That before this drayning the Country thereabouts was full of wandring Beggars but very few afterwards being set on work in weeding of Corn burning of ground thrashing ditching Harvest work and other Husbandry All wages of Labourers by reason of this great use of them being then doubled Hereunto I shall add what I find in that printed Relation before-mentioned viz. the State of the Case id est that the said Cornelius Vermuyden together with his participants and their assigns being in quiet and peaceable possession of what belonged to them by
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
they pleased for their redemption Whereupon the said Participants not knowing otherwise what to do complained several times to Michael Monkton a Justice of Peace in those parts who not only refused to grant any Warrants or pursue any legal course for their preservation but on the contrary gave â—nâ—ouragement to the Riotors and upon an Indictment exhibited against some of them in the Sessions for these outrages which was found by the Jury some of the Justices there sitting thinking it fit to fine the Delinqnents at 4 or 5 marks a piece the said Monckton moved openly that their fines might be but six pence a piece and insisted so earnestly thereon that the fine imposed on them was no more than twelve pence a man Howbeit after this viz. in February 1650. upon a full hearing in the Exchequer a Decree was made for establishing the possession with the Participants which being published on the place in presence of divers of the said Inhabitants they having gotten the influence of the said Lilburne Wildeman and Noddel declared that they would not give any obedience thereto nor to any order of the Exchequer or Parliament and said that they could make as good a Parliament themselves Some expressing that it was a Parliament of Clouts and that if they sent any forces they would raise men to resist them and thereupon proceeded to the defacing of the Church at Santoft and within ten days time did totally demolish the Town it self with other Houses thereabouts to the number of fourscore and two habitations besides Barns stables and Out-houses as also a Windmill and destroyed all the Corn and Rape then growing on the said 3400 Acres the damage of all which amounted to fourscore thousand pounds as appeared by the Testimonies of sundry witnesses All which waste and spoil being done the said Lilburne Wildman Monckton and Noddel confederating together made an agreement with several of the Inhabitants of Epworth that in consiration of 2000 Acres of the said land so wasted to be given to Lilburne and Wildman and 200 Acres to Noddell they the the said Libburne Wildman and Noddel should defend them from all those Riots past and maintain them the said Inhabitants in possession of all the rest of the 7400 Acres before laid waste and keep them drie and in accomplishment of that agreement sealed Deeds accordingly VVhich being done the said Lilburne and Noddel with some others came to Santoft Church on the Sunday and forced the French Congregation from thence telling them that they should not come thither except they were stronger than they And after this the said Lilburne and Noddel went to another Lordship called Crowle where they agreed with some of the Inhabitants thereof to get their Commons again as Epworth had done advising them to impound the Tenants Cattell and that if any Replevin were brought they should impound them again and break down their Fences and eat up their crops and so tire them till they had attorned Tenants to them all which they did accordingly The Tenants therefore being thus terrified and seeing their condition no better than their Neighbours took Leases from Iasper Margrave and George Stovin two of Lilburnes Confederates who gave bonds of save them harmlesse by which practice and the former force the Petitioners became outed of their possessions in both these Mannours And at the making of those Leasâ—s Noddel declared openly in the presence of divers persons that he would lay xxs. with any man that assoon as Lilburne came to London there should be a new Parliament and that Lilburne should be one of them and call that Parliament to account Farther adding that they having now finished this of Lincolnshire meaning gotten the land from the Petitioners they would go into Yorshire id est the rest of the levell and do the like there and then they would give the Attorney General work enough to do And Noddel said at another time that now they had drawn their case they would print it and nail it at the Parliament dore and if they would not do them justice they would come up and making an out-cry pull them out by the ears And having thus possest themselves of the proportions above mentioned they dimised several parts thereof to sundry persons Lilburne himself repairing the House which had been built for the Minister and almost pulled down by the Rioters put his servants to reside and keep possession in it and imployed the Church for a stable and Barn A Narrative of all which barbarous outrages and high insolencies of the before-specified Lilburne Wildman and Noddel with their confederates were drawn up in writing by a Committee of the said Parliament to be represented to the House but that Parliament being dissolved by the power of the Army April 10th 1653. which was before this Report could be made by that Commitee the Council of State which was set up about ten days following did send for it and made reference thereof to a select Committee of the same Council who also farther examining the business and finding what had been so deposed and reported to be true signified as much to the said Council of State whereupon they did order that the forces of the Army quartering in the levell of Hatfield Chase or within the Counties of Yorke Lincolne and Notingham or any of them or any other that then were or might be in those parts should be aiding and assisting to the Officers of Justice and the said participants for setling and establishing the possession of the 7400 Acres of those late improved lands within the Mannour of Epworth in the said Report mentioned with the said participants and also for executing the Decrees and Orders of the said Court of Exchequer or any Courts of Justice touching their possession therein and likewise for preventing such Riots and outrages for the future And in respect of the great damage suffered by the said participants and their Tenants they farther ordered that the Commissioners of the great Seal for the time being should award a special Commission of Oyer and Terminer to the Judges of Assize for the said respective Counties to try the Ryotors and to punish them according to Law and Justice and to enquire of the damages suffered as aforesaid by the said participants and their Tenants to the end that they might have just reparations for the same VVhich order beareth date at White Hall the 31th of August 1653. But notwithstanding this the former Orders and Letters of the Parliament Council the said Inhabitants still continued in their riotous rebellious posture not giving any obedience thereto nor to the Decrees and Orders of the Court of Exchequer nor Precepts of the Court of Sewers standing in defiance and opposition to all Authority Upon another Petition therefore presented by the said participants and their Tenants together with a Remonstrance of the Commissioners of Sewers unto the Lord Protector and his Council an Order of reference was made upon the xvth
and covenable Laws and Statutes for the preservation of those Banks and Sewers according to the Laws and Customes of Romeney marsh As also to take and imploy so many Diggers and other Labourers in that work upon convenient wages as should be needfull for the same in regard of the urgent necessity of expedition to be had therein Howbeit after this time till the xith year of the reign of the late King Charls I have not observed any thing else of moment concerning these Marshes but then at a general Session of Sewers held at Glamford brigge upon the last day of March in the said year for drayning of the Fenns and Carrs lying on both sides of the before-specified River of Ancholme in the Lordships of Glentham Bishops Norton Atterby and several other it was then and there ordered by Will. Tirwhit Will. Anderson Marmaduke Darell Samuell Owfield Stephan Anderson Esquires and Richard Nelthorpe Gentleman his Majesties Commissioners that a Tax of s. iiij xiijd. should be assessed upon every acre of land found in a verdict of the said Session in the Towns and places aforesaid for the drayning of those Fenns c. and making a Sluse or Clow near the out-fall of the said River VVhich said summs being not paid accordingly the before-specified Fenns could not be taken in hand there was therefore another Commission shortly after directed to Sir Robert Bell Knight Sir Edward Ascogh Knight Sir William Pelham Knight Will. Tirwhit Will. Anderson Edmund Anderson George Glapthorne and Edward Tourney Esquires who by virtue thereof sate at Glamford brigge aforesaid upon the xxiiijth day of August then next following where they the said Commissioners did decree and ordain that those Fens should be forthwith taken in hand and to that end treated with some Forein Undertakers whose demands being found too high and all other Gentlemen refusing Sir Iohn Munson Knight of the Honourable Order of the Bathe a person eminently qualified with learning and sundry other ample endowments having a fair estate in this County and no small proportion of these surrounded Marshes out of a noble desire to serve his Country declared that he would be the undertaker thereof himself upon the terms that had been proposed by the Commissioners unto those Foreiners and to lay the greater obligation upon them left every Free-holder at liberty to adventure for his own share if they thought fit upon the same rates and giving them a months time to consider of it Of which offer most of the great Lords and owners of that Level accepted Whereupon the said Commissioners decreed First that he the said Sir Iohn Monson should and might forthwith set upon the work and accomplish it within the space of the six next ensuing years Secondly that all the said grounds being so drayned should for ever afterwards continue for meadow and pasture excepting some quantity thereof not exceeding CC acres which was to be left for Lakes and sikes for the reception of superfluous water within the same Thirdly that he the said Sir Iohn his heirs and Assigns should at their own costs repair and keep all Drayns and Sluses which were to be made conducing thereto And for the better preserving of the said work to make such new Drayns and Sluses with Cart bridges over them where need should be in such places as any six Commissioners of Sewers for the time being should think fit Fourthly that in consideration of this great work he the said Sir Iohn his heirs and Assigns should have and enjoy five thousand eight hundred and twenty seven acres of the said Fenns and Marshes dischardged from all Commons Titles Chardges Interest and demand of all or any persons whatsoever to be assigned and allotted to them out of the said Lordships or any six of them before the Feast-day of S. Michael the Arch-Angel in the year of our Lord 1636. to be enjoyed from the time that the said grounds should be adjudged to be drayned by the before-specified Commissioners Fiftly that if through the neglect of the said Sir Iohn Monson after the end of those six years the above-mentioned grounds should happen to be again surrounded and so continue for the space of one whole year together and that by view and judgement of the Commissioners the same should be so certified into the Chancery that then in case it were not again inned and made fit for erable within six months after such certificate transmitted into the Chancery it should be lawful for the owners of the said grounds and their heirs to enter into two thousand Acres of the said five thousand eight hundred twenty and seven Acres untill the said grounds so drowned should be again recovered by the said Sir Iohn Monson c. Sixtly that every person who had lands adjoyning to those drayned grounds which should happen to be bettered by this drayning should pay unto the said Sir Iohn his heirs or Assigns for every Acre so improved so much as by six of the Commissioners of Sewers for the time being should be adjudged fit Seventhly that in case the said River of Ankolme should in order to this drayning be diverted by any new cut such Lords of Mannours and others as have had liberty of fishing in the old Chanel should in lieu thereof have the like benefit and liberty in the new Eighthly that where any mans ground should happen to be cast from his Lordship to the other side of the River the same person his heirs and assigns to have free ingresse and egresse to and from the same through the Lordship of him to which it should be so cast VVhich Decree of the before-specified Commissioners was exemplified under the great Seal of England by the Kings Letters Patents bearing date 27º Octobris 14º Caroli After which at another Session of Sewers held by adjournment at Glamford brigge aforesaid the fourth day of May in the xiiijth year of the said K. Charles by and before William Amcot Iohn Broxholme Marmaduke Darrell Thomas Nethercot Roger Gregory and Mich. Mounckton Esquires Tho. Hely Hen-ry Sandwith Iohn Barnard Edw. Nelthorpe Tho. Farmery and William Darvin Gentlemen Commissioners appointed for this Level upon the River of Ankolme extending from Bishops brigg on the South to Ferriby brigg on the North and from thence to the low water mark in Humbre and into the Mannours of Glentham Bishop's Norton and divers others after recital of the Decrees and Ordinances made in the two former Sessions of 11º Caroli before taken notice of And that at a Session of Sewers held likewise at Glamford brigg aforesaid by and before William Amcott Marmaduke Darrell Iohn Broxholme Esquires and others it was adjudged and declared that the said Sir Iohn Monson had with the expence of great â—umms of money well and sufficiently drayned and recovered those Fens and surrounded grounds according to the tenor of the said Law made the 24th of August in the said 11th year of King Charles the said Will. Amcott and
his associates above-mentioned did declare that upon view and perambulation through the said levell they adjudged that the said Sir Iohn Monson had sufficiently drayned and recovered those surrounded grounds according to the first undertaking therein And that therefore considering the great chardge which he the said Sir Iohn haâ— been at therein and the advantage which had already accrued and would farther accrew to the Lords and owners and all others interessed in the same as also the further chardge which he the said Sir Iohn was like to sustain therein did adjudge to him the said Sir Iohn and his heirs the before-specified quantity of five thousand eight hundred twenty and seven acres according to the Statute de terris mensurandis of the said Fenny grounds to be severed and divided in such sort from the said other grounds as he the said Sir Iohn Monson his heirs or assigns should think most convenient VVhich said number of Acres were accordingly assigned out of the several Lordships c. so drayned according to a particular schedule whereby the number out of each is exprest All which was exemplified in the said Kings Letters Patents dated at Westminster 24º Februarii 15º Caroli the said Commissioners and every interessed person seeming very well satisfied therewith Neverthelesse of such pernitious spirits were divers of the Free-holders and Commoners that taking advantage of the late troubles in this Realm they did about the beginning of the late warrs re-enter upon those lands by reason whereof not only the works became neglected but the drayns have been filled up and Sluses decayed And though the said Sir Iohn Munson made his complaint to those who of late years took upon them regâ—l power under the name of the Parliament of the Common-wealth of England yet did he obtain no redresse therein CAP. XXIX I Now come to those Banks and Sewers in the other parts of this Province of Lindsey whereof some do lye upon the South side of Humbre and the residue upon the Sea coast The first mention of these wherewith I have yet met is by a Fine levyed at Lincolne upon the morrow after the Feast of the blessed Virgins Purification in 41 H. 3. before Iohn Abbot of Peterborough Roger de Thurkelby Peter de Perci Nicholas de Hanlou and Iohn de Wyvile Justices Itinerant and others betwixt Raphe Abbot of Croyland Gilbert de Gaunt Robert de Welle Robert de Wilgeby Nicholas de Grendale Iollane de Hamby and Gilbert de Orreby Plantiffs and William de Gaunt and Alice his wife deforciants concerning a certain Sewer which they claimed to have in the lands of the said William and Alice in Munby and Hoggesthorpe By the which Fine the said William and Alice did grant for themselves and the Heirs of the said Alice that the before-specified Abbot and his successors as also the said Gilbert de Gant and the rest and their heirs together with all the Tenants of the Fee of Guy de Crun Gilbert de Gaunt and Robert de Tatersale betwixt the Towns of Brunthorpe and Orreby should have a certain common Sewer through the midst of the lands of the said William and Alice and the heirs of the said Alice in Munby and Hoggesthorpe of xxiiij foot in bredth for the drayning of all their lands within that Fee saving that the said Gilbert de Orreby and his heirs should not drayn above three hundred Acres of land so that the same Sewer should begin from Frethermersklide and so extend it self to the Sea by these following bounds viz. from Frethermersklide to Kamericroft thence to Grimescrike and so through the midst of Haverholm and the midst of Boyntoft Common unto the Sea-bank thence to a certain bank called Nâ—w Haven through the middle of the Fen unto the Sea and that the said Abbot and his successors as also the said Gilbert Robert c. and their heirs should have liberty to scour clense and repair the said Sewer and cast the earth on each side thereof at their pleasure without the impediment of the said William and Alice and the heirs of the said Alice for ever For which grant and concession the said Abbot Gilâ—ert Robert c. gave to the said William and Alice the â—umm of xxl. sterling And the said Abbot for himself and his successors as also the said Gilbert Robert c. for themselves and their heirs did then Covenant to make and maintain three Bridges over the same Sewer at their own proper costs and chardges by which Carts and Carriages might have passage and likewise one bridge betwixt Frethemskilde and Camericrofte and two bridges betwixt Haverholme and the Sea-bank and one bridge for foot folk betwixt the Church of Munby and the Chapel of S. Leonards in that Town and moreover a certain Gutter at the Sea-bank by which the water which cometh through the said Sewer may alwayes passe into the Sea so that if the said Abbot or his successors and the said Gilbert Robert c. or their heirs should fail in maintaining and repairing the said Sâ—wer Bridges or Gutter it might be lawful for the said William and Alice and the heirs of the said Alice to distrain their Cattel found in any of the lands of the said Fee untill the repairs of the said Sewer Bridges and Gutter should be repaired After this viz. in 8 E. 1. the King directed his VVrit to Iohn Beke and the Shireeve of this County commanding them to enquire by the Oaths aswell of Knights as other honest and lawful men within his precincts whether it would be to the damage of the said King and the Inhabitants of this Country if the course of the River of Friskeney were diverted and brought into the Town of Grimesby for the better opening of that Port which was then so filled up with silt and mud by frequent inundations that ships could not have free ingresse and egresse out of it VVhereupon a Jury being accordingly impanelled and sworn did say upon their Oaths that the said River might be so diverted without any damage to the King but to the prejudice of divers of the Country viz. of William de Apeltrefeud who then had the seat of a Mill which he might if he pleased new build whereby it would yield him four pounds and tâ—o shillings by the year And that it would be to the damage of Sir Walter de la Lynde two shillings which he had wont to receive for drying of Nets upon his land And to the damage of Gilbert of Little Cotes Robert de Kirketon Sir Walt. de la Lynde Philip de Wynelesby and their Tenants four shillings and four shillings yearly for two acres and an half of pasture And they said that if it hapned the same water of Friskeney to passe by Milnewell Creeke the Town of little Cotes would lose it's Common of pasture of two hundred Acres and more except they should have a sufficient Bridge for Carriages and Cattel to their said
pasture And moreover that if the same water should be brought to Milnewel Cryke as the Inhabitants of Grimâ—sâ—y desired it would be forced back by the Sea-rides and overflow the land at great Cotes little Cotes and Lysceby to the damage of those Towns xll. per annum excâ—pt the Chanel of Mylnewelcryke were sufficiently digged and strong Sluses made to keep back the tides And they moreover found that the said water was near to the same town of Grimesby and that the Chanel so made ought to contain in length Cxl perches and every perch to be xx foot in length and in bredth xij perches And that the Burgesses of that Town might have benefit by the said current of water for the clensing of their Haven and that it might be yearly worth vis. viijd. Upon a pleading in 18 E. 1. touching the repair of a Sea-bank at Thedelthorpe in a certain place there called â—othun it appeareth that the King assigned Will. de Carleton and Will. de Candelesby to view the same and to take order for the repair thereof who thereupon ordained that every Acre should be taxed alike for supporting the chardge thereof notwithstanding any Custome to the contrary but the businesse was not fully determined at that time because the Jurors appeared not till the Octaves of S. Martin In 26 E. 1. upon a sute concerning the repair of the Ditches and Sewers at Waynflete the Jurors found that the Custome of that Town was such that the Ditches there ought to be clensed every year for the drayning the lands belonging to that place and that every Inhabitant thereof having lands there ought to be assessed and taxed according to the quantity of his lands to contribute to the chardge of such clensing and scouring of them And they also found that one Roger the Son of Walter de Waynflet being then assessed at two shillings for xxiiij Acres of land which he held there denyed not the said Custome but alleged that the mony taxed for those repairs ought according to the said Custome to be levyed and collected by certain of the Inhabitants of the said town called Dyke-rieves and not by any others The next year following upon a sute commâ—nced by Alan the son of Peter le Toller of North Weynflete against William le Toller for the distraining of his Cattel at South Weynflete in a certain place called the Sale ham the said William justified the taking of that distresse and said that such was the Custome in that Townâ— of North Waynflete that as oft as the Sewers there made for drayning of their lands did want repair they ought to be viewed by the Commonalty of that place and that thereupon every person having lands and Tenements there ought to be assessed for the repair of those Sewers according to the proportion of his said lands And the said William farther affirmed that the said Alan was assessed by the before-specified Commonalty for the repairing of seven Perches of a certain Ditch opposite to a place called Cannon dayle by reason of seven acres of land which he held that in former time belonged to the Ancestors of one Iohn de Bardne and lay abutting upon that Ditch where the said seven Perches wanted repair and that he the said Alan neglecting to repair the same was distrained as abovesaid Wherâ—unto the said Alan made answer that he did acknowledge the before-specified Custome yet said that he was not to perform those repairs in respect of the seven Acres above-mentioned but for other Tenements viz. xl Acres of land with the appurtenances lying in Waynflete aforesaid And in the same year upon another sute betwixt the said parâ—ies upon the taking of the like distress the before-specified William avowed that such was the Custome in that Town of North Waynflete that certain of the Inhaâ—itants therâ—of were assigned to view the Marsh-Ditches therein every year on the Feast day of S. Andrew and to present the defaults which they should find in them at the next Court of Henry de Lacy Earl of Lincolne then Lord of that Town And that every Tenant of that Lordship who ought to make any repairs there to be amerced in xvid. at the said Court VVhereunto the said Alan answered that there might have been a sufficient distresse found by the same William and not to have taken his Cattel which were for the Plow In 28. E. 1. Thomas de Burnham and Raphe de Friskeneye were constituted Commissioners to view and repair the Banks and Sewers in the Marshes of Mersâ—e and Lindeseye and chiefly the obstruction of a Sewer in those Marshes called the Flete So also were Thomas de Burnham and Gilbert de Toutheby for those Ditches and Gutters in North Weynflet Divers other Commissions of the like nature do I find viz. in 32 E. 1. to William Howard Thomas de Burnham and Raphe de Freskeneye for the view and repair of all the Banks and Ditches upon the Sea-coast in these parts of Lindeseye In 33 E. 1. to the said Thomas de Burnham and Thomas de Gunneys for those in the parts of Malberthorp Thedilthorpe and Saltfletby In 34 E. 1. to the same Thomas de Burnham Henry de Bayeux and Roger de Cubbledike for those at Little Cotes upon Humbre In 35 E. 1. to Raphe de Friskenay Henry de Bayeux Gilbert de Toutheby and Robert de Malborthorp for all the Banks and Sewers in this Province of Lindsey In 2 E. 2. to the said Henry de Bayeux Nich. de Bolyngbrok and Walter de Stalynburgh for those at Northcotes Tetenay Humberstan Thernesco Itterby Hole Grymesby little Cotes and great Cotes upon Hombre As also to Rog. de Scotere Walt. de Freskeneye and Alan de Reytheby for those at Malberthorp and Thedilthorpe In 4 E. 2. to Iohn de Kyme Adam de de Welle Will. de Malberthorp and others for those betwixt Mumby and Saltfletby In 6 E. 2. to the said Henry de Bayeux Nicholas de Bolingbrok and Walter de Stalingburgh for those betwixt Grimesby and Hotoft and upon Trent betwixt Burton-Stather and Torkesey In 7 E. 2. to Philip de Kime Roger de Cubbeldyk VValter de Friskenay and Rob. de Malberthorp for those Banks Ditches and Sewers throughout this whole Province of Lindsey The like Commission had Thomas Wiloughby VValter Friskenay Robert de Malberthorpe and Robert de Rigge in 11 E. 2. So also in 12 E. 2. had Simon de Chamberlayn Gilbert de Toutheby and Robert de Malberthorpe In the same 12 year of E. 2. to Roger de â—ubbeldyke Simon le Chamberleyn and VValt de Friskenay for those Banks and Sewers upon the Sea-coast betwixt Friskenaye and Thorpe near Waynflâ—te In 14 E. 2. to Robert de Malberthorp Simon Chamberleyn and Thomas VVillâ—ghby for those betwixt Cokhill and North cotes In 18 E. 2. to VValter de Friskeney Robert de Malberthorp
Peter de Skremy and Gilbert de Toutheby for those betwixt Grimesâ—y and Boston In 2 E. 3. the Burgesses of Grimesby by their Petiâ—ion to the King and his Council did represent that whereas divers Ships had used in time past to land in that Port with goods and several kinds of Merchandize to the great beneâ—it of the said Town and of the parts adjacent And that the same Port was then so choakt up with mud and filth that they could not come in at all Whereupon they humbly besought him that he would grant to the said Burgesses their hâ—irs and successors for the advantage of that Town the water of Friskeneye near thereto with liberty to cut a Chanel unto their Port through the midst of a certain common of Pasture belonging to those Burgesses which Common was the said Kings soil to the intent that by the current thereof the mud and other impediments might be scouted out of the said Haven The King therefore desiring to be certified whether he might condescend thereunto without any damage or inconvenience to himself or any other did assign Robert de Malberthorpe Peter de Ludyngton and Gilbert de Toutheby to enquire thereof About two years after this the Abbot of Louth parke impleaded divers of the Inhabitants of Somercotes for stopping a certain Sewer there with dung and earth by which means the water overflowed two hundred Acres of his land sowed with Corn there and at Cokerington Whereunto they answered that the said Abbot had caused a certain trench called Skiterfletdyke to be made at Cokerington by which trench the water went out of the before-specified Sewer and passed to Somercotes and drowned the lands and meadows of that Town and that they observing what damage accrued thereby it being made xl years before â—or preservation of the lands belonging to the said Abby did then stop it up for the safeguard of their own lands but what determination was made therein I find not In 8 E. 3. Iohn de Brenkelde Iohn de Crosholme junior Roger de Nevill and Robert de Grenefeld were constituted Commissioners for the view and repair of those Banks and Sewers betwixt Burton Stather and Gaynesburgh In 14 E. 3. the King being informed that there was a certain Sewer called Calsaa in Merskland within this Province of Lindsey which extended it self from a certain place called Herleholme unto the Sea and which had been antiently made for preserving the adjacent parts against the flouds of fresh waters descending that way was then so straightned and obstructed by divers persons inhabiting in those Towns which do lye on each side thereof that the water which ought to passe through it to the Sea could not have such a current as it wont he therefore assigned Adam de VVelle Iohn de Kirketon VVill. de la Lande and Iohn de Brynhill his Commissioners to view the same and to take order for the speedy clearing thereof In 16 E. 3. the said Adam de VVelle Iohn de Hardreshulle Thomas Priory of Markeby Richard Parson of the Church of Wythurne Iohn de Binkhull and Iohn de Somercotes were appointed to view and repair the Banks Ditches and Sewers upon the Sea-coast in the Wapentach of Coleswath The like appointment in 19 E. 3. had Iohn de Wylughby Peter de Scremby VVill. de Lokborne and Iohn de Somercotes for those betwixt Grimesby and Boston In 21 E. 3. the King being informed that the course of the River of Wytherne from Wytherne bridge to Herleholme and so to Thedelbrigg thence to Saltflet Haven was so choakt up with dung and filth as also through planting of Trees on the banks thereof by divers of the Inhabitants thereabouts that the lands and Tenements of sundry persons lying near the said River were overflowed by the fresh waters which could not by reason of those obstructions descend through that Chanel as they had formerly done he therefore constituted Simon Fitz Rauâ—â— Richard de Goushill Iohn Totill of Lincolne and Robert Totill his Commissioners to view the same and to cause it to be enlarged to as great a bredth as it had in times past been of Divers Commissions likewise had divers persons for the view of other banks and Sewers in this Province viz. in 23 E. 3. VVill de Friskeney Alexander de Gibthorpe and Hugh de Braytoft for those near Waynflete In 25 E. 3. Iohn de Willughby Iohn de Orreby Iohn de Kirkton and others for those betwixt Ingoldmels and Germethorpe So also had Gilbert de Umfravill Earl of Angos Iohn de Sutton Peter Bavâ—nt Iohn le Druyne and Will. de Stayne for those upon the Sea-coast betwixt Malberthorpe and Trossethorpe In 26 E. 3. the said Gilbert Earl of Angos Nich. de Cantilupe Will. de Skipwith Robert de Kirkeswold and others for those betwixt Boston and Barton In 28 E. 3. Sir Iohn de Willughby Sir Will. de Toutheby and Sir Peter Bavent Knights Robert de Elkyngton and Stephan Toures for those betwixt Ingelâ—mâ—â—s and Grimesby In 30 E. 3. Will de Skipwith Iohn de Gaunt Adam de Wodethorpe and Robert de Elkyngton for those from Waynflete to Grimesby and to proceed therein according to the Law and Custome of this Realm In 32 E. 3. upon divers complaints then made unto the King that there was a certain Causey called Hildyke which is the Kings High way from Boston towards the River Humbre and divers banks in the Town of Sibceye so ruinous and broken that the men of those parts suffered much damage thereby he appointed Simon Symeon Iohn de Alkebarowe Robert de Elkyngton and Robert Malbys to enquire by the Oaths of lawful men of this Province and of Holand who ought to repair the same The next year following Will. Haâ—lay Rob. de Elkyngton Iohn de Hagh and Rob. Gunnays were assigned to view the Banks and Ditches from Saltflet Haven to Waynflet and to cause them to be repaired where need â—equired The like assignation in 34 E. 3. had Peter Bavant Will. Haulay Rob. de Elkyngton VVill. de Stayne and Thomas de Cumberworth for those from Anderby Haven to the Haven of Germethorpe So likewise in 36 E. 3. had VVill. de Huntyngfeld VVill. de Skypwith VVill. de Swynythwayt and others for those betwixt Wrangle and Grymesâ—y In 37 E. 3. Will. de Huntyngfeld Godefrey de Foljaumbe VVill. de Hauley and others were appointed to view and repair the Banks and Sewers within the Soke of Munby And in 38 E. 3. VVilliam de Skipwith Gâ—defrey de Foljaumbe and others had the like appointment for those from the Town of Wrangill to Barton upon Humbre and to hear and determine all things therein according to the Law and Custome of this Realm In 40 E. 3. upon a Writ of Certiorare directed to Gilbert de Umframvill Earl of Angos and others his
thereupon In the same year also Will. Lord Wilughby Raphe Crumwell Philip Spenser Robert Tirwhit and Robert Cumberworth were appointed to view and repair the Banks and Sewers betwixt Grymesby and Waynflete and to do all things therein according to the Law and Custome of this Realm and the Custome of Romney marsh The like appointment the next year following had the said William Raphe and Philip with Richard Muriell and Albine de Endirby for the same Banks and Sewers and direction to proceed therin according to the Law and Custome of the Marsh. In which year I find it presented that the Sewer called the Ea ought to be repaired from the West end thereof unto the Sea by VValter Athall Fermour of the Duke of Lancaster's â—ishing and VValter Ranson Fermour of the Lord of Dalbye's fishing And that the South-west bank of Lusdyke ought to be repaired by the village of All Saints in UUaynflete As also that the Chanel of Lusdyke from Stordyke unto the Eas end ought to be repaired by the same village And that the Ea from the VVest end thereof unto Normandeepe ought to be repaired by the Fermours of the fishing belonging to the said Duke and to the Lord of Dalby In 1 H. 4. Henry Earl of Northumberland Sir Will. de Wilughby Sir Walter Pedwardyn and Sir Iohn Rochefort Kts Robert Tirwhit Will. Michel and Albine de Enderby had Commission for the view and repair of those Banks and Sewers betwixt Boston and Friskeney with power to hear and determine all things therein according to the Law and Custome of this Realm and the Custome of Romeney marsh and to take so many Diggers and other Labourers upon competent wages in respect of the great and instant necessity as they should think requisite to be imployed in the said work Other Commissions of the like kind were shortly after directed to sundry persons viz. in 6 H. 4. to VVill. de VVylughby Iohn de Rocheford Rob. Elkyngton VVill. de Ludington Thomas Somercotes Thomas de Enderby Iohn Symons and Robert VVhite for those within the precincts of UUrangle to Barton upon Humbre with appointment to proceed therein according to the Law and Custome of this Realm and so likewise in 7 H. 4. to the same VVilliam Iohn Albine de Enderby VVill. de Ludington and others In 9 H. 4. to VVill. Lord VVylughby Sir VValter Talboys and Sir Richard Haunserde Knights Robert Tirwhit Will. de Lodyngton Will. Michel and Thomas Enderby for those betwixt Boston and Trent In 10 H. 4. to Sir Will. de Wylughby and Sir Iohn de Rocheford Knights Will. Lodyngton Thomas Wace Richard de Bradlay and Will. Boleyne for those betwixt Boston and Skegeneys and in divers towns and places within the Sokes of Bolyngbroke and Horncastre with direction to proceed therein according to the Custome of the Marsh and the Law and antient Custome of this Realm In 11 H. 4. to Robert Tirwhit Sir Iohn Rocheford Knight Robert Waterton Iohn Waterton Iohn Skipwyth Will. Lodyngton Richard Tournay Richard Bradley and Thomas Wace for those betwixt Boston and Friskeney and to act therein according to the Law and Custome of this Realm and the Custome antiently used in that place In 12 H. 4 to Robert Lord Wylughby Sir Thomas Wylughby Kt. Robert Tirwhit Robert Waterton and others for those betwixt Boston and UUaynflete with appointment to do all things therein according to the Law and Custome of this Realm The like Commission the same year had Rob. Tirwhit Sir Richard Haunsard Knight Will. Lodyngton Nich. Tournay Thomas Claymond Henry Morley Iohn Skipwith and Robert Feriby for those Banks and Sewers from Littulburgh all along the River of Trent to Humbre and from Bishops brigges on the River of Ancolme to Humbre So also had Thomas VVace Richard Bradley and others for all the Banks and Sewers throughout this whole Province of Lindsey as also for those betwixt Boston and Friskeney before whom sitting at Bullingbrooke on Friday being the Feast day of S. Ambrose the Jurors presented upon Oath that it would be fit for the preservation of the Eastfenne that the Dam of Waynflete be shut throughout the whole year that the salt water being kept out of the wash the grasse and weeds growing therein might be totally destroyed and to be thus stopped up by the towns of the Wapentake of Bullingbroke and the Inhabitants of UUrangle Leake Leverton Benington Butterwik Freston and Tofte in such sort that the water descending from the mountainous parts of Lindsey and running into a certain Sewer called Lusdyke in Lindsey viz. in Thorpe UUainflete and Stepinge should be so kept within the bounds of a certain trench that it might not enter into the said Washe of the Est fenne but keep it course to the Haven of UUaynflete and thence to the main Sea In 13 H. 4. the King by his Attorney impleaded Will. Leveryk of Irby and Isabell his wife for making of a Ditch in a certain place in UUaynflet called Hall dale by means whereof four Sewers which passed the fresh waters from Bullingbroke and other Towns adjacent in Est fenne and UUest fenne became obstructed to the prejudice of the said Kings fishing there and the overflowing of four Acres of his said land In 1 H. 5. Robert Tirwhit Sir Richard Haunsard and Sir William Frank Knights Thomas Enderby Richard Hawe and Simon Louthe were constituted Commissioners for the view and repair of the Banks Sewers and Ditches from Wytherne to the Sea and betwixt Saltfletby and Trusthorpe and to do all things therein according to the Law and Custome of the marsh Divers other Commissions to the like purpose were shortly after directed to sundry other persons viz. in 6 H. 5. to the same Rob. Tirwhit Will. Lodyngton Tho. Cumberworth Roger Flore Thomas Enderby Thomas Somercotes Iohn Kyme and Iohn Langholme for all the Banks and Sewers in this Province of Lindsey In which Commission they had direction to proceed according to the Law and Custome of this Realm In 1 H. 6. to the same Robert Tirwhit Thomas Santone Robert Feryby Robert Wasselyn Henry Morlay and Thomas Belwode for those betwixt the Rivers of Trent and Ankholme wherein they were to act according to the Custome of the Marsh and the Law and Custome of the Realm In 4 H. 6. to Sir Robert Wylughby Sir Raphe Crumwell Sir William Crumwell and Sir Raphe Rochford Knights Walter Talboys Robert Tirwhyt Iohn Kyme Richard Hawe and Iohn Veere for all the Banks Ditches and Sewers throughout this coast of Lindsey In 6 H. 6. to Iohn Beaumont Sir Will. Tirwhit Knight Iohn Ellerker Robert Feryby Iohn Tourney and others for those betwixt Grymesby and Burton Stather In 9 H. 6. to Sir Robert Wylughby Sir Raphe Crumwell and Sir Raphe Rocheford Knights Iohn Ellerker Walter Talboys and others for all within this whole Province of Lindsey
Thornburgh and others for those Banks and Sewers from Skegnes and Dodyngton-Pygot to Tyddegote In 7 E. 4. Thomas Kyme of Friskeney and others had the Port of Waynflâ—te to ferm with Market and Wind-mill as also the Court of the said Market and Haven and fishing within the same paying xxl. yearly and supporting all chardges belonging to the said Haven Mill and fishing In 49 H. 6. Iohn Bishop of Lincolne George Duke of Clarence Richard Earl of Warwick and Salisbury Sir Humfrey Bourchier Lord Cromwell Sir Gervase Clyfton and Sir Will. Skipwith Knights Robert Taylboys Esquire and others had Commission for the view and repair of all the Banks and Sewers throughout this whole Province The like Commission in 12 E. 4. had Sir Richard Hastyngs Sir Thomas Burgh and Sir Will. Skipwith Knights Robert Taylboys Robert Ratclyf and others So also the same year had Thomas Prior of Spaldyng Richard Welby Leonard Thornburgh Richard Pynchebeck Iohn Bolles Robert Dokkyng and others for those from Dodyngtone-Pygot to Tyd-gote and thence to Skegnesse By all which Commissions since 6 H. 6. power was given to the persons before-mentioned and their associates to act therein according to the Custome of Romeney Marsh as abovesaid In 4 E. 6. VVilliam Lord VVilloughby of Parham Sâ—r Edward Dymok and Sir Iohn Copeldyk Knights George S. Poll and others Commissioners of Sewers by a Decree made at Wrangle on the first day of September ordained that the Inhabitants of the Soke of Bullingbroke together with Sir VVilliam Brereton Knight the Lord of Dalby and the Kings Fermour of his fishing at Waynflete and all others drayning thereby should clense scour and dyke the Haven of Waynfleâ—e from the AE end unto the Sea in bredth xxij foot at the top and in the bottome xiij And in depth from the Chanel downwards three foot to be done before the Feast of S. Peter ad Vincula then next following And that a sufficient Gote or Clow set up at the outer end of the same Haven for stopping of the salt water out of the North part thereof should be made there at the costs of the Inhabitants of the said Soke the Lord of Dalby and the Kings Fermours of his fishing there And moreover that an old Gote anâ— Dreyner called Symond's gote extending in length from the deep of the East Fen unto the Fen bank and from that Fen bank to the Sea which was then decayed for lack of scouriug should be sufficiently clensed So likewise the Dyke and Sewer extending from the Deep of the Fen unto the Fen bank Also that there should be two Gotes made of the said Drayner and Sewer the one at the Fen bank and the other at the out end of the Sea at the costs of the Inhabitants of the said Soke and the Inhabitants of such towns and the Landlords therein who had before that time been chardged betwixt the Fen bank and the deep of the said Fen and all to be done before Martinmasse then next ensuing And farther than this wherein I have given instance I shall not descend to any more particulars till the time of Queen Elizabeth that Thomas Quadring Hamond Upton Thomas Marsyngberd and others then Commissioners of Sewers sate at Partenay on the 22th day of Iuly in 2 of her reign for the setling of all things touching the repair of the Banks and Ditches in this Provicne before whom the Jurors then presented that there was one Sea-bank new made in Skegnes to begin at a place called Ranson hyrne and to be xl falls in length from the North end of the said Ranson hyrne towards the South and so to be joyned and closed unto the old bank which said Sea-bank to be fifty foot in the skirt fourteen foot broad on the top and xij foot in height and to be made by the Land-holders in Skegnes aforesaid And they likewise at that time presented that the old Sea-bank ought then to be repaired for it's better withstanding the rage of the Sea Also that another new Sea-bank should be new made within the limits of Skegnes aforesaid from one slaver there wâ—ich goeth up the lands late belonging to Charls Duke of Suffolke unto the South end of the Gild Hall which new bank to be xx falls in length and to stretch from the said Gild-Hall to the old Bank and be made by the said Land-holders Likewise that the old Sea bank in Skegnes called the Haven bank should be repaired where defect was Also that Wainflet haven being defective for want of scouring from the Crosse at the Eyes end into the Sea that being a necessary drayn for the Soke of Bullingbroke and heretofore diked and scoured by the Inhabitants thereof and to be done before the Feast of S. Iohn Baptist next following Moreover that a place there called Guddyke which leadeth from the Eyes end to the Fen be also scoured viz. two parts thereof by the said Queen or her Fermour for the fishing there and the third by the Lord of Dalby as had been accustomed And that a new Gote or Clow be set in Waynflet haven within ten falls of Thorpe and Waynflet Sea-gote and a Bank on the South side of the said Haven from the said new Gote unto the .......... and that the Inhabitants of the seven towns in Holland should be at the chardge of setting up the said new Gote in respect of their benefit of common in the East and VVest fenns Also that the Bank to be then made between the new Gote and Thorpe be done viz. three parts thereof at the chardges of Hamond Upton Esquire one of the Commissioners above-mentioned and the fourth at the chardges of Iohn Whiting Rob. Whiting and the bank on the South side of the Haven to be don by the Soke of Bullingbroke Likewise that a new Gote be set at the Fen Dyke bank to take in fresh water by it to be done by the Inhabitants of Waynflete S. Mary And another Gote called Dayles gote and another to be set fourscore falls beneath the old Sea Gote both to be done by the Land-holders in Waynflet S. Mary aforesaid And that a new Cryke of xxx foot wide and six foot deep be made from the said new Gote unto the old Gote and beneath the said new Gote another new Cryke made from the said new Gote unto the old Cryke to be done by the Lords and Land-holders in Waynflet S. Mary and on either side the said Cryke a sufficient Sea-Bank to keep out the flouds of water And they also presented that one petty Gote should be made in Crosse gate against nine Acres of Mr Dyghtons and another in Westgate against Thomas Harrysons Acre as also a spout in Hall gate another in Somergate and another in Acregate Likewise that a spout be made in Waynflete All Saints over the gate on the North side of Burflet at the chardge of the holders of the Lands which did drayn it And that another
the Arch-angel to answer unto the particulars contained in the said presentment who came accordingly and said that he himself and some of his Predecessors with their Tenants and Fermours in the Towns and places adjacent to those banks had for their own Commodity and benefit often repaired divers parts of them but not at all for the advantage of the Country and thereupon did put himself upon the tryall of a Jury Which being summoned to appear came and said upon their Oaths that the said Abbot and his Predecessors as also their Servants Tenants and Fermours of their Lands and Tenements lying in the places adjoyning to those Banks had very often for the avoiding of damage to themselves repaired those Bank for their own private advantage as he the said Abbot had pleaded and not otherwise And that neither the said Abbot nor any of his Predecessors had ever repaired them for the safeguard of the Country or keeping in the water within the said banks for the benefit and Commodity of the Kings liege people Wherefore the said Abbot was dischardged from that Presentment But after this viz. in H. 6. time there was an Inquisition taken at Staunford in this County before Sir Iohn Beauchamp Knight then Steward of the Kings Houshold and Iohn Duke of Norfolk Marshal of England and the Marshal of the Court of Marshalsiâ— in the said Kings Houshold where it was found by the Jurors that there was a certain Clough called Shiphey lying at Dousdale in the parish of Crouland then broken by reason whereof the Lands and Tenements of divers persons thereabouts were overflowed to their great damage and hindrance and that the Abbot of Crouland ought to repair the same as he and his Predecessors had formerly used to do which Clough had been broken and out of repair from the Feast of Easter in the xxxvi year of the reign of King Henry the vi and did so remain at the taking of this Inquisition Upon which presentment so made by the said Jurors as aforesaid the Abbot of Crouland by his Attorneys appeared at Deping upon Thursday next after the Feast of All Saints in the second year of King Edward 4th before the Steward and Marshal of the Kings Household and pleaded not guilty as to the said chardge but because he would not contest therein with the King he submitted himself and desired that he might be admitted to his fine and was accordingly which the Court assessed at vis. viij d. In 3 H. 5. there was an Award made betwixt the Abbot of Crouland and the Inhabitants of Spaldyng and Pinchebec by Iohn Woodhouse Chancellour of the Dutchy of Lancaster Iohn Leventhorp Receiver and Will. Babington one of the Council of the said Dutchy with the assistance of Richard Norton Chief Justice of the Common Pleas and the rest of the then Justices of that Court who did decree to the said Abbot and his successors all the soil of Goggisland together with the whole fishing and fowling therein and that the said Inhabitants of Spalding and Pinchebec should be excluded from taking any other profits therein excepting Common of Pasture CAP. XLV HAving now done with what concerns that sometime famous Monastery of Crouland I shall proceed with the remainder of this Province but before I descend to speak in particular as to the support and maintenance of those antient banks so long before made for the gaining thereof from the Sea and it's defence against the fresh waters as also such works of drayning or otherwise as tended to the better improving of all or any part of the same I think it not impertinent to take notice that these following Marshes and Fens are observed to have long since been within the limits of it viz. in the year of Christ DCCCxxxij in Langtoft to the extent of two miles in length and as much in bredth In Baston xvi furlongs in length and eight in bredth In Holbeche and Capelade in the year DCCCLi five thousand acres and in the Norman Conquerors time in Algarekirk ten Ox gangs then waste by reason of the Seas inundation Next to observe that King Henry the first did afforest a great part thereof aswell as of Kesteven already spoke of And that King Iohn did in the fift year of his reign deafforest all those lands that belonged to Surflet Gosbercherche Quadavering and Dunnington As to the Sea-banks in this Province I find no mention of them till King Henry the third's time but then it appears that the said King directed his Precept to the Shireeve to distrain all those that held any Lands lyable to the repair of them to the end that they might be repaired as they ought and used to be which Tenants were afterwards to have allowance thereof from their Landlords And about four years afterwards viz. in 44. H. 3. the said King by his Letters Patents to Henry de Bathe of whom I have had occasion to make signal mention in my discourse of Romeney marsh reciting that whereas through the inundation of the Sea into these parts of Holand inestimable losse had hapned and more was imminent as he had credible information and that by reason thereof he had sent his Precept to the Shireeve of this County to distrain all those who held any Lands and Tenements in these parts which ought to contribute to the repair of the Ditches Bridges and Banks of the Sea and Fens therein in order to the repair and maintenance of them according to the quantity of their said Lands Neverthelesse for the manifestation of his greater care of that work he appointed the before-specified Henry together with the said Shireeve to provide forthwith for those repairs and to make distresses for the same in such sort as he should think most fit and conducing to the benefit and security of those parts In 47 H. 3. there was a presentment by a Jury exhibited to Martin de Litlebury and his fellow Justices Itinerant at Lincolne on the morrow after the Clause of Easter shewing that antiâ—ntly in the time of old Will. de Rumare Earl oâ— Chester it hapned that two men carrying a Corps from Stikeney to Cibecey to be buryed in the Church-yard there drowned it on North dyke Causey Which being told to the said Earl he acquainted the Abbot of Revesby therewith and advertised him that he and his Covent ought at their own proper chardges to repair and maintain the said Causey in consideration of two pieces of ground which he the said Earl had given them to that purpose for ever whereof one was called Heyholme and the other West fewer containing about sixscore Acres and worth by the year vil. And the Jurors farther said that the before-specified Abbot and Covent which then were did receive that land of the gift of the said Earl for the maintenance of the same Causey for ever and that they did accordingly repair it for a long time untill that
Gutters formerly there were then obstructed and the bridges decayed by means of a certain controversie which had long been betwixt Iohn de Britaine Earl of Richmund and Robert de Grelly touching the metes and bounds of that Fen and through the default of those who ought to have repaired those Sewers Ditches c. the King therefore appointed Iohn Beke and N. Stapleton to enquire thereof c. VVhat was done therein I find not but the next year following the King by the advice of his Justices commanded Iohn Beke N. de Stapilton and Roger Loveday to enquire who ought to repair the Bridge called Peccebrig and the two Bridges in Spalding who finding by Inquisition that the Abbot of Croyland the Prior of Spalding and all men holding lands in Spalding were obliged to the repair of them according to the proportion of land which they held in the said Town so that every acre were assessed alike summoned the Prior of Spalding and all the Free-holders in Spalding to come before them who all of them excepting the Abbot of Crouland appeared and consented for themselves their successors and heirs to repair and maintain those Bridges according to the quantity of their lands that they had there provided that the said Abbot would do the like for his And because the said Abbot absented himself and refused command was given to the Shireeve that he should summon him to appear before the Commissioners before-specified at Boston upon the Eve of S. Laurence At which time he accordingly came and in the presence of Raphe de Hengham I. de Metingham W. de Burenton and Roger de Leicestre agreed for himself and his sâ—ccessors to do as the said Prior had done viz. that they with the consent of the Free-holders of Spalding would repair and maintain those Bridges according to the proportion of their lands in that Town so that every Acre should be assessed alike of the demesnes aswell new as old and of the Villenages And that if any shops or stalls should be built upon the said Bridges all the benefit arising by them should redound to the repair and maintenance of the same In 12 E. 1. Iohn de Wigetost having commenc'd a sute against Iohn the son of Osbert de Swyneheved and divers others for making of Ditches in the said Fen called Haute hundre fen Swyneheved Wyktost Sotterton Algerkirk Kirketon Fraunkton Wyberton and Skyrbek so that he could not drive his Cattel to the said Fen desired license to withdraw his sute which was granted About two years after after this there was a great inundation in these parts at which time the most of Boston was drowned and the Monastery of Spalding suffered much loss The King therefore having advertisement that excessive damage had befallen this Province by the want in repair of the Causey called Holand Causey and by the decay of the Banks Ditches and Sewers in these parts gave special command to Iohn de Vaux and his fellow Justices itinerant in this County of Lincolne that they should search their Rolls and send unto him aswel such Inquisitions as had been made by them touching the repair of that Causey Banks Ditches c. as those which were taken by Martin de Littelbury and his associates Gilbert de Preston and his as also of other Justices itinerant in this County in the time of King Henry the third Who did accordingly which Inquisitions so transmitted as aforesaid did then remain in the custody of Sir Raphe de Hengham upon a certain file of Records of the xxth year of this Kings reign Upon perusal whereof by the Justices of the Common pleas they thought not fit to proceed to judgement nor to cause any distresses to be made because it did not appear by what had been done therein that any of the parties consented thereto but rather that thâ—y were taken in their absence for which respect they deemed it necessary that all such persons as were concern'd in that businesse should appear in Court that the matter might be argued and determined in their presence And because they thought that it would be too much trouble and inconvenience for so great a number of people to appear before the King wheresoever he might then be in this Realm and therefore that it might be better to have the same â—iscussed in these parts the said King did by the advice of those his Justicâ—s itinerant direct his precept unto Iohn Beek Nicholas de Stapilton and Roger Loveday that they should enquire who ought to repair those Banks Ditches and Bridges and to distrain them thereto Who accordingly making Inquisition first concerning the bridge called Pekkebrig and then of the two bridges in Spaldyng and finding that the Abbot of Crouland the Prior of Spalding and all the Land-holâ—ers in Spalding were obliged to those repairs according to the proportion of land which each man had in that Town so that every acre were alike did thâ—reupon summon the said Prior of Spalding and the whole number of the free-holders in that Town All which excepting the said Abbot appeared and agreed for themselves their successors and heirs to repair and maintain those Bridges according to the quantity of their lands in that Town though the said Abbot would not consent thereto for his portion And because the said Abbot did absent himself and refused the Shireeve had command to give him special summons to appear at Boston upon the Eve of S. Laurence at which tune he came thither before the said Commissionersâ— and in their presence as also in the presence of Raphe de Hengham I. de Metingham W. de Brumpton and Roger de Leycestre accorded for himself and his successors that they with the assistance of the Inhabitants of Spalding would repair and maintain the said Bridges according to the proportion of land which each of them had in that Town so that every acre might be assessed alike of the demesnes aswell old as new and of those held in Villenage and that if any shops or stalls should be built or planted upon those bridges all the profit arising thereby to be imployed in their repair In 15 E. 1. W. de Carleton and Will. de Candlesby were constituted Commissioners to enquire through whose default the Sea-banks in this Province were in decay and so consequently broken by the violence of the tides to the great damage of the Inhabitants much of their low grounds being thereby drowned And by an Inquisition taken at Scoft near Trokenhou before Simon de Ellesworth and his fellow Justices upon Monday next after the feast of the Epiphany in the xxiith year of the reign of the said K. Ed. the first it was found that the Towns of Tid and Sutton in this Province of Hoiland in Lincolnshire and of Tid Neuton and Leverington in the County of Cambridge could not be preserved except the fresh water of Scoft neer Trokenhou were restrained unto the bredth of four foot and
the Epiphany under the penalty of CCl. And the before-specified Jurors farther said that there was a certain Gutter made in the Town of Multon called Bollisgote which ought to be repaired by the Inhabitants of that Town according to the number of acres which each man held therefore summons was given them to perform the same accordingly in form aforesaid before Whitsontide following upon pain of an hundred pounds But upon Thursday which was the Eve of S. Barnabas the Apostle at the request of some of the Country the Commissioners above named came to view the before-specified Chanel and to enquire by the said Jurors what was done in order to their Decree Where being met the Jurors presented that the Sewer which led to that streightning down to the Sea lying betwixt both the Counties above-mentioned ought to be enlarged to xx foot in bredth viz. on each side ten foot And because it was found by the said Jurors that the before-specified Decree for that straightning of the Chanel abovementioned could not be done within that time prefixed as it ought to be in respect of the great abundance of water it was respited till the feast of S. Peter ad Vincula commonly called Lammas and so likewise was the making of the said Sewer and that each Town adjoyning to the same Sewer should make it so far as their Land did extend And thereupon came Adam de Tydd and other of the Inhabitants of Tydd and consented to make and repair the Ditch of Sutton Marsh betwixt Schoft and Gedeney according to their number of Acres provided that they might not be chardged for their Land lying in Tyd Marsh before the said Marsh was defended by those Sewers and straightning that Gutter of Schoft In 23 E. 1. upon an Inquisition taken at Gosberchirche within this Province of Holand on Friday in Whitson week before Adam de Crokedayk and William Inge it was found that all the Landholders within Donyngton in this Province ought according to the proportion of what they held repair and maintain the Causey of Holand with little Bridges and likewise Ditches on each side thereof from the said Town of Donyngton to the new Ditch And that the Prior of S. Saviours ought to repair and maintain the same in manner as aforesaid from the said Ditch to the Town of S. Saviours in regard that the said Prior had Lands in that Town worth xxl. a year for the repair thereof And it was then presented by the said Jurors that there were very many defects at that time in the same Causey for default of its repair by the said Prior and Inhabitants of Donington and most of all for want of Bridges which had been carried away on each side of that new Ditch And they also presented that the Sewers of Scathegarst Swyneman dam and Swane lode ought and had used to be xvi foot in bredth and so deep as that the water might have a free passage and repaired by the Town of Donyngton unto the River to Byker which runneth to the Sea and to be opened from the first day of March untill the Fâ—ast of S. Martin and so likewise from the said Feast of S. Martin to the first day of March except there should happen to be such an aâ—undance of water at that time tâ—at the Sewers could not suffice but that this Province of Holand would be drowned and in such case that it should be lawfull for them to stop the saiâ— Sâ—wers opening them again at the câ—asiâ—g of those inundations And they said that for default of râ—pair of those Sewers there was thâ—n great damage in the Common Marsh adjoyning and that then thâ—ough the surplusage of water those Sewers wâ—re stopt and not by any other means Aâ—d they also said that the before-mâ—nâ—ioned Chanel of Byker ought to bâ— râ—paired by the said Town of Bâ—ker as often as need should require and tâ—at it was not then so deep as it had used to be for carrying away the water of â—â—e said Sewâ—rs And they said moreover that the Sewer of Quadring Ee had a Gutter and that the same Sewer ought to be of the before-specified widenesse and depth and to be repaired by the Town of Quadring and that it was stopt up by the same Town three years past And that the Sewer of Risgate had Gutters which ought to be repaired and maintained by the Towns of Gosbercherche and Rysgate and that it was obstructed by Ranulph de Rye towards the Marsh but four days since and likewise that it ought to be of the said bredth and depth And that there ought to be a Sluse betwixt the Marsh and it of sixteen foot wide and also to be oâ—en in such sort as the Sewer of Scalegarst unlesse there should happen to be so great an inundation as aforesaid but that ceasing then to be opened And that the course of that Sewer which towards the Sea was called Newe Ee gate had wont antiently to run directly through the midst of the Marsh in Gosvercherche belonging to the Abbot of Pâ—terborough untill thirty six years before that by the flowing of the Sea and the fresh waters it became obstructedâ— thereupon by force made it self another current which it then held And they likewise said that aswell the water of the Sea as the fresh began about three years then past to goul the antient Chanel and that the before-mentioned Abbot discerning the same repaired it for the safeguard of his own land And the said Jurors being asked whether that the Chanel which the water had at that time was sufficient for the delivery and evacuation thereof answered that it was but they said that the antient course thereof would be more proper and beneficial than the current which it then had because it might be repaired with the lesse chardge running in a straight line than by a circuit and crookedly and sooner dischardge it self But whether it went in the old or the new Chanel they affirmed that it ought to be repaired and maintained by the Town of Gosbercherche And being enquired of the damage which the Abbot might sustain in case the same water should be reduced into it's antient Chanel they said that he would lose fourscore acres of marsh in regard he could have no way to it by reason thereof And they said moreover that the Sewer of de la Beche ought to be three foot in bredth and as much in depth at the head thereof towards the said Marsh and lower towards the Sea xvi foot in bredth and wheresoever it was to be narrower to continue the same depth as abovesaid and that it ought to run all the year long but was obstructed in the time of K. Henry the third father to the King that then was by Henry de Bathe at that time a Justice Itinerant which obstruction was continued till that time by the Towns of Gosberchirche Pinchebec and Surflet and that it ought to be repaired and maintained from the
thereof than at it's entrance therefore that those Weltres should be viewed on both sides from that messuage by such persons who had the frontiers unto the place called Dounechirne on the South side of the said River unto Matehirne and on the North side of Douncechirne unto Godramscote that they be new agisted and every man assessed according to the proportion of what he held the Agistment antiently having been by Fees and the residents upon those Fees which Fees and residents were then come to nothing and far off nor was it known in whose hands they were insomuch as every year the Marshes on each side the River were drowned And they said that the current of water passing under every Bridge of that River ought to be xij foot in bredth at the least it being then too narrow And they likewise presented that Galwe gote ought to be repaired anew by the said town of Pinchebec and all the Land-holders in Spalding on the North side of Westlode and that the Sewer thereof ought to be xvi foot in bredth as also that neither Flax or Hemp should be watered in that Sewer upon pain of forfeiture thereof And also that Chillegote did then want repair and that the Sewer leading thereto should be made in bredth xx foot from Bucifen gate unto that Gutter And they said that the Sewer leading from Galwe gote unto Chillegote under the bottom of the Sea-bank by the town side ought to be made twenty foot in bredth And that the Sewer passing to the Gutter of Scobdyke within the Town ought to be xij foot in bredth unto Lostbridge and from thence unto the said Gutter to be xx foot in bredth And that the Watercourses under every Bridge beyond those Sewers ought to be made six foot in bredth at the least and that the said River and all the Sewers of the said town of Pinchebec should thenceforth be clensed and made of the before-specified bredth by the Inhabitants there and all others who had benefit thereby as often and whensoever need should require And they presented moreover that for preservation of the Town of Spalding the Sewer of Peâ—eholme gote unto the old Fen dyke ought to be scoured and repaired as it had antiently used to be viz. from the said Gutter to Capelbrigge twenty foot in bredth and from that old current unto the Hergate eighteen foot and from the Hergate in the antient course unto the Oâ—d-Fen dyke in bredth xvi foot and that the said Gutter and Sewer were in decay through the default of the Tenants of the Abbot of Croyland and the Free-holders of the Prior of Spalding and the Tenants of the Abbot of Angiers And the said Jurors by Decree of the before-mentioned Justices did then value the several Acres of land out of which the said Sewers and all the other Sewers of that Town were to be enlarged to the value of four Marks of silver more than they had wont to be rated at And they presented that Coldale gote ought to be repaired and the Sewer belonging thereto to be xvi foot in bredth And that Fulnegote stood in need of repair and the Sewer thereof to be xx foot in bredth from the Smal gate to the said Gutter And that the current of water under every Bridge of the said Sewer was in bredth xij foot and that thenceforth neither Flax or Hemp should be dieved in the said Sewers nor in any Sewers belonging to the said town and lastly that Stelegote should be repaired in it's antient place And the said Jurors farther presented that all the Frontiers from Fulnegote unto the Abbot of Croyland's Mill in Spalding were then broken through the default of the Inhabitants there and therefore it was ordained that they should be repaired as antiently they had wont to be so that Horses with their Furniture might passe that way viz. from Peccebrigge to Coldealegote on the East side of the River and from the great Bridge unto Ratun Row on the West thereof And that every man should defend his Frontier with Piles aad stones where need required And they said that the Road-way leading from Ratun Rowe unto the House of Iohn fitz Simon ought to be so broad as that two Carts might meet thereon and therefore they decreed that so it should be So likewise from the House of Emme Colin unto the Bridge of Wectlode out-fall and so to Peccebrigge and from Coldalegote to the Abbots Mill And that of necessity the Fen-bank from the Abbot of Croiland's Mill unto Pichale should be raised two foot And that the great Bridge called Spalding brigge was then broken ought to be repaired at the chardges of the whole Town aswell religious as secular persons and in like sort Batemannebrigg from Westlode As also that the Marsh Banks being then broken in divers places should be repaired and afterwards a new Agistment made of them because many Lands and Tenements in that Town were never Agisted And they likewise said that Halmergate Newgate Fulnedrove Spaldingdrove and â—â—e Old Fen dike ought to be repaired and that turf for that purpose be not digged in those places to the damage of the Commonalty nor ....... And that the Hevidings betwixt Spalding and Weston abutting upon Weston mere by the Frontiers and to be made in thicknesse xij foot so that the waters of Weston enter not into the fields of Spalding by means whereof the fields of Spalding on the East part of the River of Spalding were drowned every year And they said moreover that the Gutter of Wike was then broken and ought to be repaired by Weston and Spalding And that Cosnergate was also broken and ought to be made and likewise the Sewer to be xij foot in bredth And they also ordained that all persons dwelling neer to the Causeys in the Town of Spalding and likewise in Newgate were obliged to scour the Gutter against it's breach And that thenceforth Fisher-men should not prejudice the Common Sewers by Lepes Weeles or other obstructions whereby the passage of the waters of Spalding and Pinchbec towards the Sea might be hindred And they said that all the Ditches carrying waters to the Common Sewers should thenceforth be opened according to the Ordinance of the Wardens of Spalding and Pinchbec And that from thenceforth no man should stop the course of Westlode by dung or the like it being a Common Sewer as also that the Gutter neer the House of Thomas Kaunt in Ratunrow should be repaired and the Sewer thereof in bredth ten foot and the Sewer of Aufinesgote in bredth xvi foot And they likewise said and ordained for the Town of Spalding and for the common profit that all persons aswell rich as poor should be obedient to all Mene-works to be made aswell in the Sewers as in the Marsh and that every man having one messuage and ten acres of Land should find towards that work one Tumbrell and he who had lesse one able man of eighteen years of age at the
the next Parliament which was in the xv of Easter in the xvijth year of the said King Edward the third's reign to which Parliament the parties abovesaid came and after divers arguments in the presence of Sir Nicholas de Cantilupe Sir Iohn de Wilughby and others the said Sir Nicholas de Ry did release all his right as abovesaid VVhich release beareth date at Peterborough upon the xvijth of May in the year abovesaid In the same year Thomas de Lucy Sayer de Rochford Thomas de Sibthorpe Iohn parson of the Church of Benington and Laurence de Leeke were appointed to view the Banks Ditches and Sewers within the VVapentake of Skyrbek and to take order for their repair But notwithstanding the before-specified agreement made by the said Abbot of Peterborough with the Prior of Spalding and Sir Nicholas de Rye he was not yet at quiet for that land touching which there had been so much dispute betwixt them For about six years after there was a presentment exhibited into the Kings Bench by divers VVapentakes in this County against the said Abbot of Peterborough for purchasing CCC acres of waste ground in Gosbercherche without License from the King VVhereunto the Abbot pleaded that this Land was not purchased by him but gained from the Sea it being the Custome of the Country and so had been time out of mind that all and singular Lords possessing any Mannours or Lands upon the Sea coast had usually silt and sand more or lesse cast up to their land by the tides and that this land so supposed to be purchased was acquired in that sort All which being proved by the said Abbot the Jurors gave up their verdict accordingly Neverthelesse the said Abbot could not yet be quiet as appears by several other pleadings therein afterwards so that final sentence was not given therein till Easter Term in 41 E. 3. In 23 E. 3. William de Thorpe Philip le Despenser Nich. de Rye Saier de Rochford and others were constituted Commissioners for the view and repair of the Banks and Sewers in this Province And in the same year there were several presentments exhibited against the Abbot of Crouland by the Jurors of divers VVapentakes for stopping of certain Sewers and common high-ways within the Fens So likewise against the Prior of S. Saviours for the not repairing of Brigedyke In 25 E. 3. Saier de Râ—cheford Laurence de Leeke Iohn Mosse Roger de Meres and Will. Baiard were appointed to view the Sea-banks and Ditches of Skirbek and Kirketon Several other Commissions to the like purpose were issued our shortly afterwards viz. in 26 E. 3. to Sir Thomas de Lucy Knight Iohn de Litleburs Roger de Meres and Iohn Rybrede of Spaldâ—ng for the view and repair of all those in the VVapentake of Ellowe which were then in great decay So also to Saier de Rocheford Laurence de Lecke Iohn Mosse and Iohn Claymond for those in the VVapentake of Skirbek The like in 27 E. 3. to Will. de Huntingfeld and the rest last mentioned In 28 E. 3. to Iohn Cleymond Roger de Meres Robert de Spaigne and William de Spaigne for those on the South side of Wythum from the Town of Skirbeâ— to a place called the Shuft In 30 E. 3. to Henry Grene Saier de Rocheford Roger del Mâ—re Will. de Surflete and Iohn de Nessefeld for those betwixt the Towns of S. Saviours and Donyngton In 33 E. 3. to Will. de Huntingfeld Will. de Thorpe Will. de Notton and others for those in the VVapentake of Kirketon And in 34 E. 3. to Sir Nicholas de Rye Knight Iohn Claymond Roger de Meres and others for those within the Towns of Flete and Holbeche By a pleading in 35 E. 3. touching an Inquisition taken about two years before in the presence of Sir Will. de Huntingfeld and others Justices of Sewers for the Wapentake of Kirketon at the prosecution of the Inhabitants of Gosberkirke and Surflete in which Inquisition certain errors were said to be it appeareth that the Jurors then sound that there was a Gutter called Wistard gote in Sotterton then in decay which ought to be repaired by the said Town of Sotterton Also that Wigtoft gote ought to be repaired by the Towns of Wygtoft and Swyneshevâ—d That the Town of Swinesheved ought to repair Swineshed Ee from the North side of Swinesheved unto Byker Ee. That the Towns of Biker Donington Quadring and Gosberkirk ought to repair Biker Ee from the beginning of Biker to the Sea and to make it xxiiij foot in bredth and six foot in depth viz. the Town of Biker from the beginning of Biker to Bonstake and from thence the Town of Donington to Quadriug and from thence Quadring and the Commoners thereof to Gosbâ—rkirke and Gosberkirke to the Sea And that it ought to run all the year They also then presented that the Gutter of Quadring called Angot was broken and that it was necessary that it should be removed neerer to the Sea by an hundred pâ—rches as also that the Ditches wherein the Salt water came should be stopped and that the sides thereof on each part should be raised â—our foot in height which repairs to be always done by those whose lands were drayned thereby And moreover that the Gote called Sangote in Gosberkirke was ruinous and that it ought to be repaired by the Tenants of seven Carucates of land in Surflete and of five Carucates in Gosberkirke according to equal proportions And that the Newgote of Surflete ought to be repaired and made two foot in depth by the said Town of Surflete unto Totisbrige And that the Town of Gosberkirke ought to maintain the Gutter called the Thurgote because that at that time the said Town and Surflete were almost drowned by an arm of the Sea which grew by reason of the said Gutter and Salten Ee. In which Inquisition it appeareth how the said Gutter might be removed to the best advantage for the safeguard of those places and through whose lands it ought to run and of the value thereof And that it ought to be repaired by the Town of Gosberkirke betwixt Alvelode and Surflete As also how Crosse gote ought to be repaired and removed And the said Jurors then presented that the Sea-banks and others belonging to Surflete Gosberkirke and Quadring were too weak and low and that they knew not who ought to repair them Whereupon the Shireeve had command to summon those Towns to appear Who accordingly making their appearance said that they could not deny but that they ought of right to repair them and therefore they were amerc'd and distrained thereto And the Town of Sotterton with all the rest were likewise amerc'd because they came in by great distresse In the same 35 year of King Edward 3. Roger la Warre Will. de Thorpe Robert de Thorpe and others were assigned to
and some not so that no earth could be digged there withont the good will of those whose lands adjoyned thereto Whereupon the said Commissioners decreed that by the oversight of Iohn de Wykenhale Iohn de Reynham Adam de Blowere and Alexander de Walpole who were deputed thereto upon their Oaths earth should be taken off those mens lands which lay so there for the repair of the â—aid Bank giving a valuable consideration for the same according to the judgement of those persons so sworn and that the repair thereof should be accomplished before the said Feast of the Nativity of S. Iohn Baptist upon penalty of an C. Marks At that time did the Jurors also for the Hundred of Clakelose present upon their Oaths that there was a certain Band betwixt the Town of Utwell and the Priory of Molycourt which bank the Land-holders betwixt it and Pokedike ought to repair and raise higher for the advantage of the bank of Pokedike and defence of the Country viz. Thomas de Ingaldesthorpe Iohn fits Gilbert and others wherefore the Shireeve had command to distrain them by all their lands betwixt Utwell and Molycourt till the said Bank was repaired as it ought to be Afterwards upon Wednesday after the invention of the holy Crosse in the 23th year of the same King Edw. 1. the said Justices made another Inquisition by Robert de Hakebeche and others who said upon their Oaths that of necessity the water of Upwell ought to be stopt at the house of Raphe Smyth of that town and that the antient course thereof ought to be scoured and enlarged from the Sluses of Elme to that stop in Upwell to the bredth of xl foot and deeper by six foot than it was at that time And they also said that it was necessary that the said water of Upwell should have it's course by the Little lade and a place called Wadyngstowe untill such time as the before-specified Sewer could be clensed repaired and so enlarged And they said that Tyd S. Giles Neutone Leveringtone Wisebeche Elme and Upwell of the County of Cambridg should at their peculiar costs repair the one half of that Sewer and that Robert de Scadeworthe Steward of Ely did undâ—rtake for that moytie And the Town of Wygenhale on the part of Marshland Tilneye Tyringtone Walpole Waltone Utwell Waisokne Enemethe Clengwartone with the Commoners in Marshland Common to repair at their costs the other moytie so that all those Land-holders above the said stop at Upwell towards Meremaund should be totally quit of any contribution thereto And the said Steward of Ely on the behalf of the said Couâ—ty of Cambridge was to superintend Iohn de Fictone and Adam de Blowere Assessors and Collectors for the Town of Wygenhale Philip de Fenne and Stephan fitz Walter Assessors and Collectors for the Town of Tâ—lneye and the Hamlets William de Sybille and Iohn de Dulingham Assessors and Collectors for the Towns of Tyringtone and Walpole and Raph fitz Iohn together with the said Iohn de Dulyngham Assessors and Collectors for the Towns of Walsokne Waltone and Enemethe all sworn and thereunto appointed that they should begin the said stop and clensing of that Chanel upon the morrow after Ascension day so that the same water should by such scouring and enlarging of the said antient Chanel run before the gule of August then next ensuing under the penalty of an Cl. And in case that passage called Lytlelode and Wadyngstowe should not be sufficient for the carrying away of those waters it was determined that they should be enlarged as they were afore time by the view of the Shireeve of Norfolke both as often and in what places need might require And the Shireeve of Norfolk had command that as often as he shouâ—d be required to assist the persons above-specified so deputed to assesse and collect those moneys he should be aiding to them not favouring either rich or poor therein And it was also decreed that Lytlelode and UUadyngstowe should be opened untill the before-specified Sewer were clensed viz. the gule of August And the Jurers of both the said Hundreds farther said that the chardge of scouring the sâ—id Sewer might be dâ—frayed for six score and two pounds whereof the Steward of Ely did undertake to levy the moytiâ— upon the Towns in Cambridgâ—â—ice And to this contribution Tiâ—â— yâ— with the Hamlets belonging thereto was taxed at xil Tiringtone at xil. UUaipole at xil UUaâ—tone and Enâ—mâ—the at xil. UUalsokne at xil UUygâ—nâ—â—lâ— at Cs. and Utwâ—il in the County of Norfolk at xxs. And if those monâ—ys would not suffice to perform the same that then the Towns of both Counties to contribute more as need should require And the said Shireeve had likewise commaâ—d to distrain Thomas de Ingaldesthorpe Thomas de S. Omer Iohn fitz Gilbert Iohn Blakeman Walter de Palmere Simon fitz Agnes the Prior of Molycourt and Alan le Mutere Land-holders in Utwâ—ll and Molycourt to repair tâ—e Baâ—k bâ—twixt UUâ—lle and Molycourt for the advantage of the said Bank of Pokedike so that every Acre should be assessed alike in the said contribution and that the said Bank should be perfected before the Feast of S. Peteâ— ad vincula commonly called Lammas upon penalty of xxl. And the said Shireeve of Norfolk had moreover command that he should distrain the before-specified Town of Utwelle to the repair of the Bank called Sandy diche before the said feast of S. Peter ad Vincula upon penalty of xxl. And likewise to distrain all the tenants of the Lands of Pachefeld and Kirkefeld in the Towns of Utwelle and Upwelle to repair the Banks and Ditches in those fields so that every Acre should be assessed alike and the said repair accomplished bâ—fore the Feast of S. Iohn Baptist upon penalty of xxl. And morâ—over to distrain all those who ought to repair the Bank at Pokedyke so that it might be finished before the Feast of S. Iohn Baptist upon pain of xxl. And because it was presented by Iohn de Wygenhale Iohn de Reynham c. then deputed by the said Justices to take earth for the repair of the said bank of Pokedike from the ground lying neerest thereto and that the Abbot of Dereham had within the same bank CCC acres of land they were commanded to take earth off the said Abbots land lying an Acre distant from the Bank provided that the said Abbot had competent satisfaction for the same according to the judgement of the said Jurats because there was no other earth within that Bank to be found so proper for that service Howbeit no sooner was the before-specified Chanel at Littlelode so made as by the Decree of the said Comissioners had been directed but that some mischievous people broke and threw down the banks thereof the King therefore upon complaint to him thereof made did grant a new Commmission â—nto the said Simon de Ellesworth and Thomas de Hakeford to view the same and to enquire
on one side the great River of the same Town i viz. upon the Southwest part was one and the same and that all the Land-holders on that side thereof were equally preserved and that the safeguard thereof likewise on the other side to the North-east was also all one And that the Causey called Old fen diche was made and repaired by the Parishioners and Tenants of S. Mary S. Peters and S. Germans of Wigenhale and not by the Parishioners of S. Mary Magdalens And it was likewise found that aswell the said Causey of Old fen diche as all other Causeys and Banks of the whole Town of Wigenhale of what kind soever as the Lands and Tenements of all and singular the Tenants of the said Town were preserved by the said banks from inundation and drowning by the Salt waters and that the repair of those Banks tended to the Commodity of the said Tenants of all that Town forasmuch as whilst the said Banks and Ditches were repaired the making and maintaining of those Causeys was no chardge at all And moreover it appeared that by the view of the said Thomas and his associates and by that Inquisition that those Banks which were good at the time of the Agistment made by the before-specified Will. de Carleton were then bad and that many places which were at that time better than ordinary were then by reason of the ebbing and flowing of the Sea much worse Whereupon the said Thomas and his associates thought fit to make a new Agistment for the common safeguard of the said Town of Wigenhale and therefore ordered that the Land-holders there should make good their Banks and Ditches on that side of the said River After this in another Session of the said Thomas de Ingaldesthorpe and William Bataile held at Tirington upon Monday next after the Feast of S. Valentine in the seventeeth year of the said King Edward 2. the Jurors of Wigenhale did ordain and say that it was necessary for the safeguard of the Inhabitants and Land-holders of that Town as often as any distresses should be made upon any persons for the proportion assessed upon them according to what they held or upon the Collectors or Receivers of the moneys so assessed that after the impounding of them by the space of three days or delivery by Replevin they should be prized by honest and lawfull men of the said Town in the presence of the Guardians of the Banks and by the said Guardians exposed to sale and the money received upon such sale â—o be imployed upon the affairs of the Commonalty And that the surplusage of such money over and above the just proportion thus assessed to be restored to the party so distrained Saving to the Guardians of those Banks and their Bedels Bylaw Byscot Triscot and Wopenys according to the Custome of those parts But as the expence in such a constant support of these Banks Ditches Bridges Sluses and Sewers within this Province was great considering the frequent assaults which the Sea in tempestuous seasons did make upon the one side thereof and the fresh waters of so spacious a Fen agitated by boysterous winds and storms especially in the time of extraordinary flouds on the other so for those respects was the regard not small For whereas the whole Hundred of Frethebrigge in this Shire considering the chardges whereunto it lay subject in supporting works of this kind by reason of the like perils had time out of mind in all publick payments whatsoever relating to the whole County enjoyed the exemption from any more than a xij part thereof the Towns of this Province viz. Walsokne Westwalton Walpole Tiringtone Tilney Wigenhale and South Lenne were rated but at a third part of that xij as is evident from the â—aid Kings Precept bearing date 16 March in the xviij year of his reign directed to Constantine de Mortimer William Bernak Roger de Kerdestone and Geffrey de Wyche then Commissioners for the levying and arraying a thousand fourty Foot-Souldiers within this County for his service By which Precept it appears that the certain chardge whereunto this Province stood then exposed was no lesse than a thousand and fifâ—y pounds per annum a vast summe in those days and that within the compasse of xl years before through the raging of the Sea no lesse than seven hundred Acres of land in this Country were utterly lost In 2 E. 3. Thomas de Reppes Richard de Depham and Thomas Shilling were constituted Commissioners for the view and repair of the Banks Ditches and Sewers lying betwixt Wygenhale Tirington and Lenne Episcopi Whereupon the Shireeve had command to summon a Jury to attend them at Islington upon Monday being the Feast day of the Decollation of S. Iohn Baptist Who appearing accordingly presented upon their Oaths that all the Lands and Tenements Common of Pasture and Fishings Gutters Sewers Bridges c. lying on the Sea-coast betwixt Wigenhale Tirington and Lenne Episcopi were within the Towns of Tylney and Islington which is a Hamlet of Tilney and did common together and betwixt which there was no metes or bounds the Parishes being limited by Fees so that they said that the defence of the whole Town of Tiâ—ney and Islington aswell on the South side of Fendiche as on the North towards the Sea was all one And that all the Land-holders of that whole Town were equally secured and defended by all the Sea banks and banks of the River and Fen invironing the said Town of Tilney and Islington And likewise that of necessity there ought to be a new Agistment made and an assignation of banks in the parts aforesaid And moreover that it would be necessary for the preservation of those parts that there should be kays anâ— six shores made betwixt Palmerys old 〈◊〉 gong and the Lands of Sir Iohn de Iâ—â—aldesthorpe at the charge of all the Landholders in those parts And tâ—at every Inhabitant in those parts should do Men werkes according to the number of Acres which they held And that from year to year according to anâ—ient custom there should be câ—osen three Guardians for the safeguard of those parts And that all the Gutters and Sewers should be maintained in common at the charge of all the Landholders there excepting Islington brigge and the house of Robert de Middilton which is done at the charges of Iohn de Engaldesthorpe and the heirs of Sir Robert de Scales and excepting Black diche brigge at Tilney Stow towards the Fen which is done at the charges of the Inhabitants of Walsokne and Emneth But the men of Ilsington who held Lands in the fields called Westfeld Harpe and Sibille were much unsatisfied with what was done by the before specified Commissioners and thereupon informed the King that though they ought not to repair a certain bank called Lesse diche of Tilney or any part of the same nor ever had wont to do and that they neither had Lands
banks in sunâ—â—y places drowned many cattel and spoylâ—d a great quantity of corn so that the Inhabitants of Tuney Walpoâ—â— Wâ—lsokne West walton 〈…〉 petitioning the King â—or râ—medy â—â—â—rein he assigned Constantine dâ— Moâ—tiâ—â—er Iohn de Hiderseâ—e and Iohn de la â—â—kele to make enquiry theâ—eof and consider of some speedy way of redrâ—ss Whereupon a Jury was impanelled and sworn who presented upon Oath that the Town of Tilney had a câ—rtain bank towards the Sâ—a on the East part of the said Town extending it self from the Town of Clenchwarton towards Wigenhale and containing in length two miles the charge in râ—pair and mâ—intenance of one mile and an halâ— thereof amounted to Lviiil. xs. viz. for â—very perch xviii d. and the other half mile vil. xs. viz. for â—very pâ—rch vi d. And they said that upon Monday next after the Feast of St. Hillary prâ—câ—ding the same bank was so broken by the raging of the Sea in no less than five places that the Town of Tilney was overflowed with the Sea water and the Lands Meâ—dows and Pastures belonging therâ—to continually drowned for the space of seven days by which means their winter-corn then sowed upon the ground was destroyed as also much of the corn and hay in their Barns with C. Murrons and Lx. Ewes to the damage of CCCl. unto the said Town And they said that before thâ—y could make good that bank called the Indike containing four furlongs and an half in length for the safety of the said Town five Messuages and xl acres of ground which were the Lands of Thomas de Ingaldesthorpe and others with divers goods then therein being were utterly lost to the damage of a Cl. And they said that the Inhabitants of that Town expended in the repairing the said four furlongs and an half of the same Indike xll. and that to make the same good as it antiently had been would require Lxl. more And they said moreover that within the compasse of Lx. years then past one Parish Church with the Parsonage was by the breaking in of the Sea ruined and within xxx years a Mannour house of Robert de Scales and of his Tenants and others xx messuages â— with an hundred Acres of Land utterly lost for ever And they farther said that the same town of Tâ—lney had another Bank on the North side tâ—ereof for its defence towards the Sea viz. in length from Tyrington one mile towards Clâ—nchwarton the repair whereof stood them in xls. by the year And that they had another Bank towards the Fen called Pokediche containing in length one mile for defence thereof against the fresh waters the repair whereof stood them in xls. per anum And that the whole yearly chardge which the said town of Tilney did undergo in the repair of the said Banks Gutters great and small Bridges Kays and Schores with several Sewers for the preservation thereof came to Cxll. And they likewise said that this town of Tilney by that grievous tempest so hapning upon the Monday before-specified lost one Gutter called Scales goule to their damage of xxxl. And that the charge in new making of xij new Gutters great and small five Bridges to be new made or repaired and divers Sewers would amount unto xxxl. which of necessity must be done the Summer following And they said that these dangers did every year much increase upon them in regard that the Fifteen taxed upon them for the two preceding years amounted to Lxl. and the raising arming and arraying of Hobelars and Mariners xxl. there being DCCxlvij acres of land lying within them which belonged to the Abbies of S. Edmundsbury and Dereham and other Religious Houses which were assessed with the Spiritualities and therefore contributed nothing therein And they said that the town of Walpole had a certain Bank on the North part thereof for its defence towards the Sea which Bank extended from the town of Tirington to the Gutter of Waltone called Noâ—â—che gole containing in length three miles whereof two miles would require CCl. per annum chardge and the residue xls. And they also said that upon the before-specified Monday next after the Feast of S. Hillarie the same Bank was so torn by the raging of the Sea that the Inhabitants of the said â—own bestowed xll in the repair thâ—reof And they said morâ—over that in the eighth year of the same Kings reign upon the Eve of S. Andrew a certain Sâ—a-bank at Ristofte broke by the violence of the waves whereby two hundred acres of land were utterly lost for ever And that within thirty years thâ—n last past they likewise lost for ever one Parish Church xx messuages and CCC acres of land And likewise that the Inhabitants of this Town were at the yearly chardge of Lxs. in repair of the Gutters great and small with divers Bridges belonging thereto And that the said Town had also another Bank towards the Fen called Pokediche for defence thereof from the fresh waters which Bank contained one mile in length and stood them in xls. per annum repair And they said that the town of Walsokne had a certain Bank for it's defence towards the Sea extending from Warfanglestowe to Emeneth menys and cotaining in length three miles whereof the repair for one mile amounted to xxvil. per annum viz. for every perch vid. And that the same Bank was so broken by the rage of the Sea upon the before-specified Monday that the Inhabitanâ—s of the said Town were at xxl. costs in repair thereof And that in the eighth year of the Reign of the said King upon the like occasion they spent xxxl And that the yearly chardge in repair of the Gutters great and small and Bridges for safeguard of the T said own amounted to Cs. And they likewise said that the same Town had a certain Bank called Pokediche towards the Fen for defence thereof from the fresh waters which Bank containing one mile in length had xls. per annum bestowed thereon in repairs And they said that the before-specified Inhabitants in repairing of one Gutter at Colevile's Mill in the twelfth year of King Edward the second 's reign and another at Coldhirne in the eighteenth year for drayning the waters from their lands to the Sea expended xl l. And that the stream of the water called Wallenhee which had wont to run towards the Sea under the Sea-bank of Walsokne where it had made so great a depth and hollownesse that the Lands in that Town had a sufficient evacuation of their waters to the Sea thereby being at the sute of the Inhabitants of the Counties of Northampton Cambridge Huntendon and Lincolne made to the King and judgement of his Court diverted towards Wigenhale by Well dam the sands were grown to that height in those Chanels wherein it had formerly passed that the waâ—ers of the said Town of Walsokne could not drayn any longer that way by reason whereof no lesse than CCC Acres
of ground sowed with Winter Corn were in the seventh year of the reign of the said King Edward 3. overflowed and drowned to the damage of fifty pounds viz. every Acre xl d. And in the eighth ninth and tenth yearâ— for want of the like Drayning their losse was xlv l. viz. every year for each Acre xij d. And they said that the Town of West Walton with the Hamlet of Enemeth had a Bank for defence of the Sea beginning at Nobeche gotâ— and extending it self in length to a certain boundary called UUarthanglâ—stoke two miles and an half whereof one mile coâ—t them xl l. And that they had another Bank of defence against the Sea extending it self from a certain place called Mâ—râ—iche to Boxted hirne containing in length three miles the repair whereof did cost yearly in the whole vi l. And they said that the same Bank in UUest Walton was so broke in the VVinter preceding upon the said Monday next after the Feast of S. Hillarie that the Inhabitants of that Town and Hamlet were at Lx l. charge for repair thereof and for safeguard of the same over and above the cost which they yearly had used to be at therein And that in the said eighth year of the before-specified King on the same Eve of S. Andrew the Apostle they lost by the raging of the Sea fourscore Acres of land by reason whereof they were constrained to make a new Sea-bank of four â—urlongs in length which cost fourscore pounds viz. every particle x s. And that in the first year of the said King they lost seven messuages and sevenscore Acres of land and an half by the violence likewise of the Sea And in the tenth year of K. Edw. the second they also lost by the like means xiij messuages and eightscore Acres and an half of Land and in the second year of the same King Edward 2. xij messuages and sixscore Acres of Land And that they had a certain Bank called Pokediche for defence against the fresh waters containing in length one mile which stood them in xl s. per annum chardge And they said that the same Town and Hamlet did maintain three Gutters for drayning away of the fresh water one towards the Sea and two towards the Fen which were new repaired in the ninth year of the then King to the cost and expence of xl l. and that the yearly chardge in repair of them came to xx s. And that in Gutters Pipes Sewers and Bridges they spent yearly no lesse than Lx s. And they said moreover that the four Towns before-mentioned with the Hamlet had a certain Gutter called Knight's gole which then wanted repair as also a certain Sewer to thesame Gutter extending it self five miles in length the chardge in repair whereof amounted to Lx l. And they said that UUigenhale Tirington and South Lenne were neighbouring Towns and that UUigenhale had a certain Bank containing in length seven miles on one side the great River called UUigenhale hee And on the other side of that River a Bank of three miles in length And that they had a certain Bank for defending of the fresh waters as also Bridges Pipes and Sewers Causies and floudgates which occasioned them much expence every year And they said that on the morrow after the Epiphany in the third year of the then King a certain Bank on the West part of the said River by means of the raging of the Sea broke so that the Tides entred and overflowed a thousand Acres of Land sowed with Corn to the great damage of the same Town And that on the West part of the said River by reason of the like tempests hapning upon the Eve of S. Hillarie next before the before-specified Bank was broken and torn so that the tides entred bore down a House and overflowed CC. acres of land sowed with Corn. And that on the Eve of S. Andrew in the eighth year of the same King the said Bank was by the like mishap broken again for the length of three furlongs in a certain place called Burtys bithe insomuch as the tides flowing in thereat overwhelmed a thousand Acres of Land sowed with Corn And that on the morrow after the Feast of S. Hillarie then last past there was by the like means a breach made on the East part of the same River whereby eightscore Acres of Land sowed with Corn were overflowed And they said that the men of Tirington had a certain Sea-bank containing three miles in length and another Bank for defence of the fresh waters as also Gutters Bridges Sewers and Causies which occasioned them great expences every year And that the Gutter called Orehowe was broken on the Eve of S. Hijlarie then last past and likewise another Gutter called Newethrowe by the violence also of the Sea both which did then want repair And that a certain Gutter called Giggesthorne was also so broken that it stood in need of repair And they lastly said that the Town of South Lenne with the Hamlets had a Sea-bank and Sewers with Bridges and Floud-gates which were also very chargable to them The said King therefore much compassionating the great losses which the Inhabitants before-mentioned did sustain by reason of those lamentable breaches in their Banks and inundation of the Sea as aforesaid constituted Iohn Howard senior Gilbert de Hâ—thil Geffrey de Brusierd Iohn de Swaâ—ham and Adam de Walfokne his Commissioners to view the same and to make new Agistments for the same Sea-banks for the safeguard of the Country as often as need should require And the next year following there being a Tenth and Fifteenth to be Assessed and Collected which had been granted to the King in his Parliament held at Notingham about two years before upon the humble Petition of the Inhabitants of Tilneye Walpolâ— Walsoâ—ne and West UUaiton and the Hamlet of Enemethe as also of the Towns of UUigenhale and Tirington exhibited to the said King by which they represented their extraordinary losses by the before-specified inundations desiring that the Assessment might not extent to any other of their Goods and Catalls than what they had remaining after those their disasters the King tenderly commiserating their condition required Constantine de Mortimer and Iohn de Hedersete who were then appointed Collectors thereof in this County that they should not assesse it in the Towns before-mentioned otherwise than according to the direction which they had specially received from himself under his Seal to that purpose whereby Tilney was taxed at xl. UUalpole at xvil. viijs. Walsokne at xijl. UUesâ—waltone with the hamlet at xvil. ijs. UUigenhale at j xil. iiijs. Tiryngton at xvil. ixs. vid. And thereupon he commanded the Treasurer and Barons of his Exchequer that they should for the considerations aforâ—said accept thereof and upon payment of those sums dischardge them of the same In 16 E. 3. Will. Corbet Iohn de Houtone and Edmund Noen were constituted Commissioners
for the view and repair of the Banks Ditches and Sewers throughout all this Country of Marshland And in 20 E. 3. Sir Robert de Causton and Sir William de Dunton Knights Edmund de Gunevyle Parson of the Church of Tyringtone Iohn de Brymmesley Adam de Walsokne and Thomas de Welverton had the like Commission for those Banks in Tyringtone with direction to make new Agistments for the better safeguard of them as often as need should require So also the same year with the like direction and power for making new Agistments had Iohn de Hedersete Robert de Hakeâ—eche Roger de Dersingham Hugh de Walton and Adam de Walsokne for all the Sea-banks throughout this whole Province In the same year the Inhabitants of Wigenhale Walpole Walsokne Tylney Tirington West Walton and the Hamlet of Enemethe complaining to the King that though the Assessors of the Fifteenth granted to the King in Parliament in the xith year of his reign of all their goods movable for the term of three years did tax them the said Inhabitants at lesse sums for the said Fifteen than they had used to be rated at before their losses by the Seas inundation as hath been observed And that though the same persons had often undergone the like since that time neverthelesse the late Assessors of another Fifteenth then granted to the King had exacted from them the antient sum wherewith their said Towns were chardged before they suffered such losses and that the Collectors of VVooll did impose the like rates upon them and not only so but that the Shireeve had endeavoured by distresses to levy the arrears of that old Fifteen whereof by the said Kings special direction they were to have abatement he therefore appointed William de Thorpe Iohn de Walton and Roger Petygard to make enquiry thereof and to certifie the truth in the prâ—misses By virtue of which Commission the said William Iohn and Roger sate at Tylney upon Monday next after the Feast of the Nativity of the blessed Virgin in the year abovesaid before whom the Jurors presented that in and after the xith year of the then King there were destroyed and drowned by the raging of the Sea ten messuages and C. acres of Land in UUigenhale belonging to divers persons and that several other Lands were there dayly overflowed and in danger likewise of being lost And that the Lands and Tenements of the Inhabitants of the said Town did lye on both sides that arm of the Sea which ran through the midst of the said Town And they said that the men of that Town by reason of the beforementioned arm did yearly repair and maintain two Banks the one containing six miles in length and the other three the chardge whereof amounted to Cxxl. per annum and more as by estimation they were given to understand And they likewise said that the before-specified Inhabitants did yearly repair and maintain one Bank called Pokediche containing two miles in length for their defence against the fresh waters the charge whereof came to Cs. per annum and more And they said that in that same xith year and afterwards there were by the said inundation Cxl. Acres of Land in Walpole drowned and for ever lost And that the Inhabitants of that Town did yearly repair and maintain a Sea-bank containing three miles in length which extendeth it self Northwest from the Town of Tyrington unto a certain Floud-gate of Waltone called Nobeche gote for the repair maâ—nâ—enance wherof the Inhabitants of the same Town did yearly expend Cxijl. And that hâ—y did repair and maintain a certain Ditch called Pokediche containing a mile in length for their defence from the fresh waters the charge whereof came to more than xl. per annum besides other new works about those Banks which yearly rose to xll. And they said that in the same xith year and afterwards two Gutters which had been then lately made at Walsokne for avoidance of the fresh waters of that Town towards the Sea were wholly filled up by the raising of silt and utterly destroyed by reason whereof CC. Acres of Land belonging to several men there were every year overflowed in Winter time to the damage of ten pounds to the Inhabitants And they said that the before-specified Inhabitants of that Town did repair and maintain for every acre of land within the same four foot of the Sea-bank for defence of their lands against the Ocean And likewise for every acre of land in the same Town one foot of the Bank of Pokedike for keeping off the fresh waters the charges of both which was more than xxx l. per annum And that they did likewise yearly repair and maintain one Sewer containing five miles in length viz. from the Town of Walsokne to UUigenhale which stood them in more than ten pounds per annum And they said that in the same xith year and afterwards seven messuages and ten acres of land belonging to divers men in the Town of Tilney were by the like outragiousnesse of the Sea drowned and for ever lost and that divers lands of the Inhabitants there were dayly overflowed And they farther said that the said Inhabitants of that Town did yearly repair certain Sea-banks towards the River called Wigenhale Ee viz. from Catysbac-gole to King's gole which contain xxiiij furlongs in length whereof xviij do extend from a certain place called the Hope to Edeyenesgole and were often subverted by the Sea-tides so that the men of that Town did thereby lose a great part of their land yearly And they said that the before-specified Inhabitants were at the yearly charge of three pounds for repair of six furlongs of the said Ditch and for every furlong besides ten Marks And they said moreover that there was a certain Gutter called Scales gole but lately made for safeguard of the lands of those Inhabitants which was then destroyed by the Sea-tides by reason whereof a great part of the said Town was drowned and made yearly much worse to the annual damage of xxl. so that for the better defence of their Lands and Bank they were constrained to make two Scores the charge whereof came to C. Marks which Scores were also by the raging of the Sea overâ—hrown and spoiled to the losse of that Town Cl. And they likewise said that the before-specified Inhabitants did every year expend xxl. in the repair of two Banks viz. Pokediche and Blakediche for defâ—nce of their lands against the fresh waters and that they were at the yearly charge of xxl. more for other common works and likewise xl. for maintenance of their Gutters and Sewers And they said that in the same xith year and afterwards a thousand Acres of land belonging to the Town of Tirington were yearly overflowed by inundation of the fresh waters in regard that the Sluse called Scales gole being destroyed and spoiled by the Sea-Tides as abovesaid did occasion
this River of Well Ee neer Salters lode be made two Jettyes of wood or stone each opposite to other and distant xviij foot to hinder the tides from flowing up Westwards towards Welle and that the fresh water may have the quicker fall into the Ouse and this to be done by the Inhabitants of Marshland and Town of Wiggenhall 13 That the common Sewer called Thiefe lake lying in Denver fenne be made within xl Rood of Salters lode between Shiplode and Salters lode and x foot wide unto the Land lake with a sufficient gole by Thomas Gawswell Gent. owner of the Mannour of East Hall in Denver 14 That the Common Sewer in Denverfenn called Streme lake be made of the widenesse of x foot to bring the water out of the Fenn by the space of six furlongs to be made and kept by the Inhabitants of Denver with a sufficient gole c. That the other common Sewer called Denver hithe lying in Denver fenn between Streame lake and Shiplode be made one furlong in length or more and x foot wide with a sufficient gole by Nicholas Haâ—e Esquire owner of the Mannour of West Hall in Denver That the brinks of Ouse between Salters lode and Shiplode be made viij foot broad in the bottom and six at the top and one foot higher than the highest water mark That some provision be made for the straightning of Lynne Haven which being wider than it was wont to be causeth the tide to rise higher by a foot at Salters lode than it was wont to do within these xx years 1 The next year following I find a Certificate and Presentment made the xxxth of Iune by Richard Nicholls Thomas Hewar and others Jurats for this Country of Marshland the tenor whereof is as followeth 1 That all the Lands and Tenements c. within the Hundred of Frebridge on the West side of the great River leading from Salters lode to Lynne and all other Lands c. in the Hundred and half of Clacklosse on the West side of the said great River and on the North side of a certain Bank called the New Pow dich situate in the Hundred and half of Clackclose on the West side of the said great River made and erected in the time of the reign of King Henry the vith are defended and saved from submersion and drowning with fresh water by the said Diche or Bank called the New Pow dich Which Bank hath been kept and defended by the lands in the Hundred of Frebridge by a certain field called Hawsted and by an hundred Acres in Stow-Bardolfe and the Frontier against North delf house on the North side of the said old Powdich only yet thereby are defended all the Lands Tenements and Commons on the South side of the said old Pow dich and Emneth marsh dich and ought to be charged for their portion and profit by the said Bank taking between the Priory of Mullycourt and Salters lode aforesaid as appeareth by certain orders made before the Commissioners of Sewers in the first year of the late King Henry the sixth yet the said Lands Tenements and Commons last abovesaid are not there chardged nor defend any part thereof contrary to equity and Justice 2 And that the Inhabitants of the said Hundred of Frebridge nor any of them nor any other ought to be distrained or troubled by the Lords of the Fee nor their Ministers when they or any of them shall come thither for the making their portions of the said Bank nor for the oversight of the making thereof nor for the depasturing of their Horses there nor for their carriage but that they may return in the meetest and most convenient ways for them and have free ingresse and egresse to the same Dyke or Bank without any amerciament or other punishment Saved to the Lords Wayf Stray punishment for blood draught and for Hue and Cry 3 And that every person is chardgable to keep their portions upon the said Bank from time to time by and after the Custome of Marshland by old Custome used that is to say by Bylawe Byscot Triscot and Wopeny And that every Town of the said Hundred of Frebridge is chardgable to keep and repair their portions upon the said Bank upon pain of xxl. to be paid to the Queens Majesty her heirs and successors Kings and Queens of this Realm 4 And that the menure for the repair of the said Bank ought to be taken on the South side of the same Bank and xij foot from the foot of the said Dike or Bank and not upon the North side but when for the Inundation of the water it cannot be taken on the South side of the said Bank called the New Pow dich 5 Item they say and find that there is a certain Ward dich or Fence Bank called the Old Pow dich which doth begin at a place called the Wech or West head next unto Rightforth lode brinke and extendeth Westwards nine hundred and twenty two Rode unto a certain place called the Thwart lane or the New Pow dich of Marshland which Bank is in good repair from the West end thereof unto a certain place in Walpole charge where against Edmund Beaupre Esquire hath fixed and set certain barrs into a pasture of his there by reason the said Edmund doth keep and maintain a certain Crest or Fen-bank on the North brink of Rightforth lode which defendeth the water on the South side thereof from the Pow diche aforesaid But at a certain Gate upon the said Old Pow diche in Emneth charge in the reach aforesaid is a certain Pipe laid by the said Edmund Beaupre for the drayning of certain Lands on the South side of the said Old Pow dich which is to the surrounding of the Fen and Smethe of Marshland and of right ought not that way to drayn but by Rightforth lode And that the said Pipe ought to be taken up and the said place stopt and made higher that no water drayn that ways 6 And the residue of the said Old Pow dich in the charge of Walpole Terington Clenchwarton and part of Tylney in part is defective for lack of height and bredth and that most chiefly by the ruine and decay of a certain Crest or Fen-bank which ought to be kept on the North side brink of Rightforth lode by Nicholas Hare Esquire and others And that the residue of the said Bank of the Old Pow dich is in good repair even unto Rightforth lode brinke By the ruine and decay of which Bank the grosse Common called the Smethe and the Fen of Marshland and certain Fens and low grounds in UUigenhall and Stow-Bardolf on the North side of the said Pow dich may be surrounded and damnified 7 And that the said Thwart lane or the New Pow dich of Marshland extending from the Old Pow dich aforesaid unto a certain place of Emneth marsh dich called Abbot's hirne as we think in our consciences ought to be kept and maintained by the
lode and that in consideration thereof the said Land-holders should pay to the Inhabitants of Marshland Cl. And on the xxvi of the same month it was farther decreed that all the rinde Banks within this Country of Marshland towards the Sea should be of the height and scantling hereafter expressed viz. in Terington Walpole West Walton and Emneth in height eight foot above the ordinary Marshtides and in bredth on the top ten foot And that the residue of the rinde Banks in Islington Tilney West Lynne North-Lynne and Clenchwarton to be of such height and bredth as the Dyke-Reeves should think fit As also that Register Books of Parchment be made by the Dyke-reeves in every Town containing the number of Acres of their Lands with the quantity of their Banks Walls VVood-shores and other defences which every of the said Towns are charged to make either to the Sea or otherwise And that whereas the Towns of Terington Tilney and Clenchwarton had In-dikes for their defence against the Salt water in case any sudden breach of the Sea-bank should happen it was decreed that the said In-dikes should be carefully maintained and repaired by those Dyke-Reeves out of the Common Acre-shot assâ—ssed within every of the said Towns After this at another Session of Sewers held on the xvijth day of April in the year of our Lord 1610 8 Iac. it being considered that this Country of Marshland was subject to surrounding aswell by downfalls of Rain as by the overflowing of the Sea and fresh waters and was therefore kept drayned by Sewers descending to Knight's-Gole the common out-fall to the great River of Ouse And that the said Gole by the flowing and ebbing of the Sea was then so silted up with sand at divers times especially in Summer that it obstructed the waters in the said Sewers to the utter surrounding of all the Fens and low grounds in the said Country And moreover that the said Gole in former times had been kept and perfected as also the fleet from the same unto the before-specified River by a certain antient pair of Clows placed up higher in the Sewer thereby one appointed for the taking in of the tides and so holding up the water betweâ—n a pair of Clows untill the River of Ouse were run low and then forcibly let go for the scouring of Sand out of the said Gole and Fleet And that the setting open of the said Gole and putting down and pulling up the said Clows would be both dangerous and troublesome by reason of the greatnesse and weight of the said Clows made to that purpose It was ordained and decreed that there should in consideration thereof be yearly paid out of every hundred Acres of Land being several within the said Rinde of Marshland which were drayned by the said Gole and had usually paid thereunto the sum of ijd. ob by the owners or occupyers of the said Lands and so after that rate And of every hundred Acres of Land lying on the South side of Wisebeche and Elme Oldfield and Outwell which then were or should be drayned by the said Gole by the owners or occupyers thereof vd. and so after that Rate And whereas the Land-holders of Oldfield in Clme and certain Lands in Outwell on the East side of UUelle river from Emneth unto Beaupre Hall and so to Stoning stile and thence to the old Pow dyke had at divers times drayned their said Lands in Oldfiâ—ld into Marshland through the out-rinde Bank of Marshland called Broken dyke and so through Emneth into Marshland Fenn as also their Lands in Outwell to the great hurt of the said Country by suffering those waters to run into the said Fen without any perfect Sewer to carry them down in any Gole to the Sea and likewise without paying any Tax Acre-shot or other contribution towards any Drayn Sewer or Gole in Marshland for the same It was then also ordered that the said Lands should not thenceforth be drayned into Marshland Fenn but by and under such conditions here expressed viz. that the Land-holders of Oldfield and Outwell should before the xxiiijth of August then next ensuing give unto the Land-holders of Marshland Cl. viz. the Land-holders of Oldfield Lxxvl. and they of Outwell xxvl. towards the making of a certain lode between Marshland Fenn and Smethe called Shore lode in widenesse xij foot and in depth four or five foot and towards the making of three sufficient Stone-bridges for Carts to passe over the said Lode But it was neither the strength nor height of those their Banks so repaired as aforesaid which could secure them from that dreadfull inundation of the Sea hapning on the first of November in An. 1613. 11 Iac. the memorial whereof I shall here deliver from an Inscription upon the East wall of the South Isle in Wisebeche Church To the immortal praise of God almighty that saveth his people in all adversities be it kept in perpetual memory that on the Feast day of All Saints being the first of November in the year of our Lord 1613. late in the night the Sea broke in through the violence of a North-east wind meeting with a Spring tide and overflowed all Marshland with this Town of Wisebeche both on the North side and the South and almost the whole Hundred round about to the great danger of mens lives and the losse of some besides the exceeding great losse which these Counties sustained through the breach of Banks and spoil of Corn Cattel and Howsing which could not be estimated Which losses with other things of note relating to the said Banks and the particular Towns then surrounded as they were presented upon Oath by the Jurors for the hundred of Frethebridge before the Kings Commissioners sitting at Lynne upon the ixth day of December in the year before-specified I have here likewise thought fit to transcribe The Presentment of the Iury for the Hundred of Frebridge in Marshland made at Kings Lynne 9 Decemb. 11 Jac. An. 1613. 1 Inprimis we present and say c. that there is belonging to the Town of Terington a Sea-dyke containing xiC Rode in length or thereabouts which was in good repair before the first and second day of November last whereof CCCCxx Rode were ruinated by the rage of the Sea that then happened and also one Bridge called St. Iohns bridge was then broken up 2 That there were at that time lost by the rage of the Sea c. 1876 sheep amounting to the sum of Lviij l. and more In great Beasts lost 120 valued at 322 l. In Corn sowed in the Fields 480 acres valued at xxx s. the Acre amounting to 720 l. Hay lost in the fields and barns to the value of CC l. Corn in the barns lost to the value of DCC l. Grasse in the Fields lost to the value of D l. Dwelling houses utterly ruinated and wasted xiij And Cxlii. dwelling houses there impaired to the value of a M l. Bedding and other Houshold-stuff
lane bridge and thence to the Smethe lode Bridges Holmes Bridge Borret bridge situate over the main Drayn Mayes Bridge upon the same Drayn Another Bridge at Small Droves end Walton THe old Drayn extending from Clynkhyrne on the North part and abutting upon Newland lane on the South end Another Drayn extending from Crosse-green by Halehyrne to a place called le Yates Wall at the foot of Walton Sea dike and thence to Gybson's bridge Another Drayn beginning at Gibson's bridge and thence to the Smethe lode Bridges Gybson's bridge Old fen dich bridge Terington THe common Drayn extending from Fawkesfield to Oxhow borde and from thence into the Smethe lode Another Drayn extending through the same Town unto the Smethe lode Bridges One Bridge over the common Drayn at St. Iohns lane end Another at the Old fen dich A third ruinous adjoyning to the common Sewer called the Smethe lode Tylney with the Hamlets THe More dich drayn beginning at Tungreen bridge and so going to Wyndbrigge Read's Drayn beginning at Rysgate and extending to the Common Sewer The Fen dich drayn beginning at the West end of Tylney drove and extending to Pollets gool Another Drayn beginning at the West end of Meeres greâ—n and so extending to Creydike from thence to Fryth dich gole and so into the main River Another Drayn coming out of Spellow field and so over Meyres green to Meyres green Drayn Another called Black dich lying from Terington to Islington Fen end Bridges Five Bridges upon Moredich drayn whereof two are in Sale yate a third called Tungreen bridge another called Moredich bridge and the fift at the end of the said Drayn Another Bridge at Rysegate Another adjoyning to the Common Sewer Another Bridge called Fen dich bridge Another Bridge called Pollets gool bridge Another called Poyse gole bridge Another called Meyres green bridge Another at Dodale fedham Another called Meyres dich bridge A Causey called Islington droves end lying between the Bridges of Islington and Wigenhall Wigenhall A Drayn that beginneth at Crow gool and extendeth to New land gate thence to Barnwell Cloyt thence to Cowstow pipe and so to Raynham gool Another called St. Peters dich leading from Islington bridge to West fen lode Another called the High fen dich leading from Cowstow to Pykers hyrne thence to Hel bottom and so into the main River Another called the Heddings beginning at Pykers hyrn and thence extending to Hel bottom Another called the Border extending from Wygenhall mere to Pykers hyrne Another lying from Wigenhall mere to Scales corner so forth to Newfield heddyng between the Spade gonge and Islington drove Another called Simons lode extending from a place called the Senston alias the Hook and thence to Symonslode gool Another called Crosse lode extending from the Hook to the main River Another called Iohn's lode extending from the said Hook unto Iohn's-lode gool Another called Bustard's lode which extendeth from the said Hook unto Buctard lode gool Another called Griggs lode extending from a place called the Lowe way to the Gool head at the main River Another Drayn coming from West fen dich to Griggs gool Another called Martin drayn Another called New dich beginning at the West part of the Common belonging to Stow Bardolf Wynbotesham and Downham and extending to the main River Another Drayn lying in Stow-Bardolf from a place called West head into the main River A Dike belonging to Dounham which extendeth from Dounham bridge unto the chardge of the C. Acres of Stow Bardolf lying at the new Powdich Bridges and Causeys Gillingore brigge A Causey called called Wigenhall mere extending from the old Pow dike to Black dich A certain Causey called Low side A Common Causey called Stow brinke extending from a place called Scapwere unto the Common gate Memorandum that the Ward dich called the Little Pow dich ought to be repaired by the Townships of Tylney with it's Hamlets Terington Walpole Walton UUalsoken and Emneth A note of the Chardges which do yearly belong to Marshland being but eight Towns INprimis in the High ways for Travellers there are xxv Bridges valued in their reparations yearly at Cl. Item there is in the other ways of the Countrey Lxxx Bridges and five Gooles without which the Country is neither habitable nor passable valued yearly for reparations at DCl Item there are two other Gooles very great ones with Drayns into the River of Ouse one called Knight's goole the other the New goole valued yearly for reparations at CCl. Item the Sea-Banks of the Countrey valued yearly for reparations at M Ml. Item the Pow dikes the one called the New Pow dike and the other the Old Pow dike which be defensive Banks against the fresh waters valued yearly for reparations at Cl. The total 3000l. CHAP. XLV HAving no more to say of Marshland I shall next take notice of the remainder of this Country lying Eastwards from the River Ouse and then of those parts of Suffolk wherein any improvement hath been made by Banking and Drayning In 55 H. 3. complaint being made that about seven hundred acres of Marish and other Lands belonging to William Bardolf and the Prior of Wyrmyngey lying in Wyrmyngey and Tokenhull were then overflowed more than formerly partly by inundations from the Sea and River of Secchehithe and partly by the making of Pools and otherwise so that the said Prior had received very much damage thereby And that there was a certain Causey lying in the proper soil of the said William overthwart the said Mannours which Causey was the Kings High-way to Lenne through the midst whereof a certain stream of water passed behind a Mill And that the said William and his Ancestors having permitted the people of the Country for their common benefit to raise the same Causey in the Winter season the said stream of water which had wont to have it's course through the midst of it as aforesaid was thereby so stopt that it overflowed all the lowgrounds therabouts the King therefore being desirous that there should be some remedy had therein granted a Commission to Iohn de Cokefeld to enquire the truth thereof and how and in what manner those Marish grounds might be drayned with the least damage to the Country In 5 E. 1. upon the like complaint that the course of the River at Wirmegay had been so obstructed by the frequent inundations of the Sea that two thousand Acres of Land Meadow and Pasture lying in the Marshes of Midleton and Wirmegeye were drowned the King assigned Raphe de Wyrham and Will. de Midleton to enquire thereof and how they might be so drained as aforesaid And in 22 E. 1. Peter de Campania and Adam de Shropham were constituted Commissioners for the view and repair of the Banks Ditches and Sewers of Middelton Rungetone and Sechithe then ruinous and in decay by reason of the Tides and flouds of fresh water Other general Commissions of the like nature were afterwards issued
be there before the said stop was so made and the water likewise coÌ„mon for fishing to all the Neighbourhood And they also said that the borderers on each part thereof were either Tenants to the Abbot of Ramsey the Earl Warren or of Iohn de Bardolf and other Lords And being farther asked whether the said Edmund or Elizabeth did in their times do any thing for the maintenance and keeping up of that Dam they said that after the before-specified Bishop had first made it it did not need any repair or amendment and that the said Robert Peverell Edmund or Elizabeth did not in their times meddle at all therewith And the Jurors for the County of Lincolne impanelled and sworn said upon their Oaths that the Chanel called South Edyke beginning at Crouland and extending it self to Tyd in that County through which the fresh waters descending from the Fens and Up-Countries used to pass unto the Sea by raising the crest thereof no more than two foot was then scarce sufficient to carry away those waters by reason of the before-mentioned obstruction though the Bank was in height no less than xv foot on each side And that before this obstruction was so made whensoever there was any occasion for the repair of the said Bank or raising it higher the agistment of every Acre of Land in those parts at an half-peny was sufficient for the same but that then through the overflowing of those waters every Acre was agisted at iiiid. and that by reason of the said obstruction no less than xl thousand Acres of Moor and Marish ground in Holand fen were overflowed and drowned And they farther said that the Abby of Crouland was founded by the Progenitors of the King 's of England and that two thousand Acres of Land Meadow Moor and Fen belonging thereto were by means of this obstruction overflowed and drowned so that the possessions of that Monastery would not suffice to maintain the House except the number of Monks were lessened and that by means thereof the King in the times of Vacancie of the said Abby did lose the benefit which might accrue to him thereby And they said moreover that by reason of this obstruction the Lands Meadows Moores Marshes and Pastures of Deping fen Burgh fen and Spalding fen which contained seaven thousand Acres as also the Moor and Marshes to the Moores of Kestevene were so overflowed and drowned that the Lords and Commoners of all the Towns adjacent on every part had by reason of that obstruction lost the profits belonging to them And they farther said that the Common passage for Ships and Boats from Crouland to the Haven of Lenne with Corn and other Commodities had wont to be by the said Town of Outwell where the before-specified obstruction was and that then they were constrained by reason of that stop to go about by Old Wellenhee and Litle port which is fifty miles farther than the other way to the damage of the King and his liege people of those parts a thousand Marks yearly And the Jurors for Cambridgshire impanelled and sworn did say upon their Oaths that the River of Ouse descending from Huntendon being the bounds betwixt Cambridge and Huntendon shires and the River of Nene descending from Peterborough and other parts above did meet at Benwick in Cambridgshire and had used to run directly from thence to the said Port of Lenne by the before-specified Town of Outwell untill xxxi years then last past that the said Bishop made that stop as aforesaid by reason whereof the Lands Meadows Fens Turbaries and a great proportion of arable belonging to all the Towns betwixt Fen Drayton and Benwick before-mentioned unto the said Town of Utwell in Cambridgshire and which were adjacent thereto and for the length and bredth of about xxx miles were commonly overflowed and drowned every year so that neither the owners of the said Lands c. nor the Commoners had any yearly profit by them to the damage of the said King and the Inhabitants of those parts and such as would pass that way CCl. and upwards every year And they said moreover that for the reasons abovesaid there was not that passage for Vessells with Corn and Merchandize towards the before-mentioned Port as had used to be neither in going nor returning except by Old Wellen hee and Lytle port which is xxxvi miles about And the said Jurors being asked how much the said Mannour of Coldham was then more worth annually than it had been before that stop was so made they answered xll. by the year And the Jurors for Huntendonshire empanelled and sworn for the same purpose said upon their Oaths that whereas men would pass from the Towns of Iakele Holme Glatton and Ramsey by the River of Nene directly towards the Haven of Lenne aforesaid with navigable Vessels laden with Corn and other vendible commodities by the said Town of Outwell they were then hindred by the said Dam that they were constrained to go about more than fifty miles And they farther said that all the Meadows Lands Pastures Fens and Turbaries from the Town of S. Neots in Huntendonshire lying adjacent or neer to the River Ouse in length xxx miles and in bredth x. miles more or less unto the Town of Benwike where the Rivers of Ouse and Nene have their confluence and likewise the Lands Meadows Pastures and Fens of all the Towns betwixt Aylington in that County unto a place called Musâ—cote in the Fen which is xvi miles in floud times were overflowed and drowned by reason that they could not pass away as they had used to do so that the Lords of those Fens and their Tenants as also the Commoners in them did totally lose the benefit which belonged to them thereby to the damage of the said King and Inhabitants of those parts six hundred Marks by the year And they said moreover that the said King was Lord of the Mannour of Glatton whereunto the Hamlet of Holme belonged to which Market men from the parts of Lenne and elswhere in Norfolk and Suffolk could not pass with their Victuals and Merchandize by Ships and Boats nor return by reason of the said obstruction insomuch as that Mannour of the Kings whereunto the said Market belonged was less worth by ten pounds per annum than formerly And the Jurors for the County of Northampton empanelled likewise and sworn said upon their Oaths that the River of Neene had wont to pass directly from Peterborough to the Port of Bishop's Lenne whereby the men of that County usually carried Merchandize Corn and all manner of Victual with Ships and Boats by Outwell in Norfolke untill within xxxi years then past that the said Walter Langtone late Bishop of Cov. and Lich. obstructed the course of the before-specified water insomuch as all persons who had a desire to go from Peterborough unto that Haven were constrained to go by Old Wellenhee and Litil port which in going and coming is a farther Journey by fifty miles And
his Progenitors inter alia of certain Lands and fishing which Ulfkytell had in Welle And that though the said fishing was then viz. when this Inquis was taken called Livermere and in the Town of Welle which was before called Wylla and in the County of Cambridge and that a certain water called Nene had time out of mind ran to the said Lake and did then so do and that the said Abbot and his Predecessors had ever had the said Lake or fishing with the course of that River of Nene running thereinto and peaceably enjoyed the same the said Commissioners by Virtue of the King's Letters Parents for the view and repair of the Banks Ditches and Sewers in that County and by colour of an Inquisition taken before them without any notice given to the before-specified Abbot intended the obstruction of the said water-course wherein in case they should proceed the said Abbot would totally lose the benefit of his said fishing to the damage of the King himself because that the profit thereof with the benefit of the other Lands belonging to that Abby being of the said Kings Patronage ought to belong unto the Crown in the time of every Vacancy he therefore required them that they should not make any attempt therein to his prejudice without consulting with him Whereupon the Wednesday next before the Feast of the blessed Virgin being assigned the said Commissioners sate again at which time the said Inhabitants of Elme Welle and Wisebeche brought the Kings Writ by virtue whereof the Bayliffs of Tyd Neuton Leverington Wisebeche Elme and Welle were required to summon xij of the most substantial men in every of the said Towns to appear at the Castle of Wisebeche before the said Justices upon Wednesday next after the Feast of S. Luke the Evangelist there to perform what should be enjoined them on the said King's behalf touching the obstruction of that Crike And the said King did likewise issue out another Precept unto the before-specified Justices that after their said Session they should upon the Octaves of S. Hillary under their Seals transmit the Record of their proceeding therein unto him to the end that upon perusal thereof he might consider what farther to do therein according to the Law and Custome of this Realm The next ensuing year sc. 14 E. 3. Iohn de Hedersete Iohn de la Rokele and Hugh de Walton were assigned to view the Banks and Sewers on both sides the water of Well Ee within the Town of Waterwell on the borders of Norfolk and Cambridgshire and to take order for their repair And the same year at a Session of Sewers held at Wisebeche upon Monday next after the Feast of S. Iohn Baptist for safeguard of the Towns of Elme and Welle it was ordained that there was a necessity of mending and raising the Bank called the New diche lying betwixt the Rivers of Elme and Welle full two foot more than it was at that time in the highest place and so beginning by the Level of Fryday brigge to Charite Crouch thence to Gongsted lake according to the same Level height and thickness thence to the Cowestowe thence to the Garden of the Prior of Meremaund and thence to Lakebrigge every man to make his frontier of the same height thickness and Level And they also decreed that from Gonsted lake unto Charite Crouch no man should come neer the said Bank called the New diche for to mow or dig for the bredth of ten perches towards Coremere and Hendmere except for the mending of the said Bank and that to be done by common assent And they likewise ordained that a Clow of five foot in bredth and in depth two foot should be made at the Lakebrigge to carry away the waters betwixt the Newdiche and Bishops diche at the charges of those who had Lands and Commons within those places And that one Clow should also be made at Frydaybridge and another at the Stone-Crosse in Outwell for avoiding the waters of Needham each of them of the same bredth and depth as abovesaid and to be done at the costs of all those who had lands within the Bishopsdiche and Needham diche and within the River of Elme and the Greendiche and Thorndiche And they moreover ordained that the old Sewer of Deleford unto the Stone-Crosse should be clensed and digged as it ought to be at the charges of Needham and that every Ditch drawing water to the said Sewer should be opened at all times of the year wherein water could run And that Piisdrove should be raised in each low place and that from the same little Drove one Crest should be made into the large Drove unto the Grenediche having a Causey for Common Drift of Cattel at all times of the year and this to be done at the charge of Upwell and Outwell and that all Slades and low places in the same Drove and ways be amended at the charge of the Towns each for themselves And they likewise ordained for Drayning of the Lands at Bodebeche that there should be three Pipes placed the first of one foot square every way and this to be fixed in the Bank sometime belonging to Gilbert atte Delf neer the Milne hill the second in the Bank of Christian de Beaupre opposite to the School being two foot in bredth and one foot in depth and the third in the antient Sewer to be a foot square on every side All which Pipes to be made at the charge of the Landholders in Bodebeche And they also ordained that the frontier of the Abbot of Dereham in Bodebeche should be stopt and that for the future no mau should dig Turfs nor Slakkes in the common Droves of Elme and Welle for dieving of flax or hemp in the common Ditch and Sewer to the nusance of the Commonalty except by the oversight and appointment of the Guardians which were to be deputed for the present And that the Bank called the New diche extending from Charite Crouch to the Prior of Meremound's Garden should be anew repaired equally and afterwards agisted And also that the breaches in Bishopesdiche and Needham diche should be repaired and moreover that all the Frontiers of the Uausedrove unto Frydaybrigge and thence to Eustace le Vernoun's Drove should be stopped up And they also ordained that one stop should be made in Oldfield neer to the Se diche in the Ditch of Raphe atte Field and to be in thicknesse eight foot at the charges of the said Raphe And that the Floud-gates of Elme as also the old Bridge together with the great Bridge neer to the Church of Elme should be newly repaired and amended at the charges of the whole Town And that for the repair of the said New diche every Acre of land from thence to Needham diche should pay a penny and every Acre from Needhamdiche unto ....... and Uernons field and the Infield and Brodbechefield an half peny and either more or lesse as need should be About
that Ordinance to take distresses for the charges in making and repair of the Banks aforsaid as often as need should require aswell on the part of Wisebeche and Welle as on the part of Elme by turns and severally without the contradiction of any one And they ordained that Draymere diche should be repaired and raised higher where need required so that the Commoners might have chase and rechase with their Cattel unto their Commons and that every man having Lands or Tenements adjoyning or abutting upon the said Bank called Draymeresdiche should dig and clense the Frontier of his Land eight foot in bredth and cast the earth so digg'd out upon the same Bank And they likewise ordained that the Bank called the Blackdiche should be amended and repaired at the charge of all the Landholders antiently agisted thereto and that the Sewers of UUaltersey Coldham and Redmorefield with their appurtenancâ—s should be clensed and the Crests of them raised higher and maintained where need required unto the Pipes lying under the River of UUisebeche And that all the Hades of the Lands abutting on those Sewers and upon all other Sewers within that Precinct should be stopped xij foot in bredth so that the water of Lech running through those Sewers should not enter into the fields to the damage of the Lands lying therein And they moreover ordained that one Clow should be made at Hillaryes drove between UUisebeche and Elme at the cost of the Landholders antiently agisted thereto who had wont to make and repair the same And that one other Clow should be made upon the River of UUisebeche neer to the messuage of Thomas Howes Barkere so that the water coming out of the fields of Elme by the passage called Uykorisgote might Drain there in default of a Gote called Dogarde and that a Bank be made from that Clow unto the house of William Maste Bocher on the South side of that Sewer and another Bank from the said Clow unto the house of Thomas Howe Barkere on the other side of the said Sewer for hindring the Sand brought up by the Tides from choaking up of the said Sewer And they likewise ordained that there should be a Causey made neer unto Maryesâ—arre whereof the one end to begin at Maryesbarre and so overthwart beyond the River of Elme unto Loveday diche which Causey to be eight foot in height xij foot in bredth at the top and thirty two foot at the bottom and a Clow made there at the charges of those who were to have benefit thereby for the bringing in fresh water into the River of Elme when need should be And they likewise ordained that every person having Lands or Tenements Common Fishing or Pasture in the Towns of Elme UUisebeche and Welle within the Precinct aforesaid should have his portion upon the Fen-bank before-mentioned to the quantity of his holding according to an agistment thereof to be made anew And likewise each man having Lands or Tenements within the Precinct aforesaid to have his portion upon the Sea-bank beginning at the house of Thomas Mounpesson and extending it self to the Floudgates of Elme and so to UUelle each man for the quantity of his tenure according to a new agistment to be thereof made And they said moreover that the Bank before ordained was then broken for want of repair and that divers Lands and Tenements within the said Precinct were drowned by the Fresh waters to the great damage of all the Landholders there And they also said that the same Bank ought to be repaired aswell in height as in thicknesse so that it might contain in thicknesse xxxii foot at the bottom and at the top xii at the least and in height from the Level ground seven foot And that the men of UUisebeche Elme and UUelle were obliged to the repair and making of the said Bank each man according to the proportion of his holding and that the said Bank could not be preserved nor kept except those men who had Lands and Tenements within the said Precinct were new agisted upon the Bank before ordained And they also presented and ordained that one Bank should be made new and begin at Uernounes Corner upon Bishopsedike and so to extend directly to the Bank of UUelle upon the soyl lately belonging to Hamon de Vernoun in part and in part upon the common soyl and to be of the height and thicknesse abovesaid as also to be done at the charge of all the Landholders for their lands lying betwixt the River of Elme and the River of Welle And being asked of the number of Acres aswell on the South part of the River of UUisebeche unto the River of Elme as on the South part of the same River of Elme unto the River of Welle they answered that there were on the South side of the River of Wisebeche unto the River of Elme five thousand and two hundred Acres and on the South side of the River of Elme to the River of Welle two thousand and ninety Acres Whereupon command was given to the Steward of the said liberty that he should summon all the Land-holders aswell of Elme and Welle and of the Town of Wisebeche on the South side of that River as all others who had Lands or Tenements or any Pasturage or Fishing in Fee or for term of years to appear before the said Justices at Ely upon Thursday next after the Feast of the Epiphany then and there to shew what they had to say for themselves why all the before-specified Ordinances in each point ought not to be inviolably kept for the future At which day came Iohn Payne who then prosecuted for the King and the Steward of Ely and required that Thomas Bishop of Ely who had within the said precinct viz. in the Town of Wisebeche Elme and Welle divers Lands and Tenements and that Iohn Simson of Wisebeche Thomas Mounpesson and others who had also Lands and Tenements within the said Precinct in the Towns aforesaid should be attached to be at Ely before the said Justices at that time to shew as aforesaid And thereupon the said Bishop of Ely Will. Streete Lord of the Mannour of Coldham Sir Iohn Colvill Knight the Prior of Ely the Abbot of Crouland the Abbot of Wendling Iohn Vernoun Will. Newhouse Nich. Makesake Sir Nich. Golofre Knight and Iohn de Crofte of Welle who had Lands and Tenements within the said precinct within those Towns were summoned to appear at that said day to shew cause as abovesaid All which persons came accordingly and it being demanded of them and every of them wherefore the before-specified Ordinances aswell relating to the Town of Wisebeche as those of Elme and Welle ought not in every point to be observed according to the tenor and effect of them they severally answered that as to the repair of the Bank which beginneth over against the Gate of Wisebeche Castle and goeth to Goneldiche thence to Bansted hirne thence to Tylneyhirne thence to Coldham hithe
thence to Mareysdam thence to Charite Crosse and thence to Vernouns Corner and as to the making of the new Dich there from that place all along to the Bank of Welle and so to the River of Welle and likewise as to the eight barrs upon the same Bank they did assent to them all And as to Drayndike and Blakedike Floudgates and Crests within the same precinct they did also concur And as to the Agistment to be new made according to the proportion that every one held and the performance of all other things they could neither for themselves nor the Towns aforesaid gainsay them And therefore they did well agree and desire that all the same Ordinances so established as aforesaid should for the future be performed in every Article to the full according to the force and effect of them and for the accomplishment thereof they did severally oblige themselves without any contradiction And Iohn Payne who then prosecuted for the King required that Iohn Simmeson with the rest before-named should be compelled on the said Kings behalf for the performance of all the said Ordinances And because the Court was not then determined to give judgment therein it was adjourned until the Wednesday in Easter week Upon which day the said Iohn with all the rest came but then there was another adjournment viz. unto the Saturday next after the Exaltation of the Holy Crosse in the xlixth year of the said Kings reign At which time the parties above specified came again but then it was also adjourned untill the Wednesday in Easter week in the 50 year of the said Kings reign And at that time they put it off till the Monday after the Feast of S. Michael then next following Upon which day all the parties before-specified appearing and in regard that the said Iohn Simmeson and the rest could not say but that the Ordinances before-specified were necessary and good they obliged themselves to the future performance of them It was therefore decreed and ordained that the same should for the time to come be put in execution and accordingly there was a Precept issued out to the before-mentioned Stewart to distrain the said Iohn Simmeson for the new-making of the said Agistment according to the form of the before-specified Presentment and to bring the same so mâ—â—e under the Seals of the framers thereof before the said Justices at Ely upon VVednesday next before the Feast of S. Nicholas the Bishop then next ensuing at which time all the persons before-mentioned had warning to be there Who appearing accordingly the before-specified Steward required of the said Justices that the said Ordinances and Agistment might be ratified and confirmed Whereupon they ordained and decreed for the better safeguard of the said Towns and place that the Inbabitants of Wisebeche should be agisted upon that Bank and begin to make the same from the division betwixt Elme and Wisebeche viz. from the Stone Crosse neer the House of Lepers unto the Town of Wisebeche and thence to the River of Wisebeche directly to Griggeshâ—rne and to maintain and repair the same for the future as often as need should require aswell in thicknesse as in height according to the above specified Ordinance at their own costs and charges And that the Bishop of Ely for his Mannour of Walterse and for all his Lands in Wisebeche and Elme with in the said precinct excepting xxxv Acres of his land lying at the Cylere in Wisebeche and all others who had Lands Tenements Common of Pasture or Fishing in the said Town of Elme within that Precinct to be agisted for the making of the same Bank from Griggeshirne aforesaid unto Banstedhirne thence to Tilney hirne thence to Coldham hithe thence to Mareys dam thence to Charite Crosse thence to Vernoun's Corner and so upon the Bank to be new made there untill over against Welhirne drove where the Bank of Elme is divided from the Bank of Welle And that all the Inhabitants of Welle who had lands within the said precinct should be agisted for the making of the said Bank from that place opposite to Welhirne-drove unto Welleclote thence to Lakebrigg thence to the River at Upwell bridg and thence to Outwell bridge and thence returning back to Loundesgote at Elme And that the men of Elme who had Lands within the before-specified precinct should be agisted to make the Sea-bank from the said place called Loundesgote unto the Floudgates of Elme and thence to the Stone Crosse neer the house of Lepers which is the division betwixt Elme and Wisebeche All which Ordinances Decrees and Agistments aswel the parties above-specified as the Towns before-mentioned did consent and agree to hold firm and stedfast for ever In 48 E. 3. Sir Roger de Kirketon Sir Raphe Rocheford Sir Iohn Colvile Kts and others were assigned to view the Sea Banks and Sewers in the Towns of Leverington and Neuton and to take order for their repair After this viz. in 1 R. 2. there were certain Presentments made at Ely in a Session of Sewers held there on Wednesday next after the Feast of S. Nicholas concerning the Banks Ditches Sewers in Ely Dounham Littleport Hadenham Sutton Chateriz Dudington March Marchford Wittlesey Elme Welle Wisebeche Leverington Neuton and Tyd S. Giles and elswhere within the Isle of Ely the tenor whereof are as followeth viz. that for the better preservation and safeguard of the three hundred acres of land in the Town of Elme on the North side thereof lying in the fields called Townfield Halpenifield and Inhamfield there should be made one Bank upon the soyl of the said Town of Elme in the Parish of Elme for stopping of the salt water and the same to be done at the charges of all the Landholders in those fields Which Bank so to be made to begin at the Sea-bank at the Stone-Crosse being the division betwixt the Lands of Elme and Wisebeche and so to go Westwards directly to Cromediche upoâ— the land of Iohn Ristoft and thence directly to Illerisdiche in Hanc drove upon the land of Reginald Toftie and thence by a straight line unto Illiresdiche upon the land of Iohn de Waltersey thence to the Bank of Bekedale and there to be joyned with that Bank which Bank to be xxiiii foot in bredth at the bottom and in height four foot from the Level ground And that there should be three Sluses or more if need were in the Sewers of Elme under the said Bank for the letting out of the fresh water and likewise sufficient barrs to hinder the driving of Cattel to and fro upon the said Bank And they likewise said that there would need an acre of Iohn Ristoft's land valued at Lvis. viiid. and of Reginald Tofties an acre valued at xlvis. viiid. and of Iohn Walterse's one acre valued at xxs. and no more because it was low ground but if there were need of more then more to be taken when and where need required making allowance for
before the Feast of S. Iames the Apostle the Jurors presented that the Tenants of the xl acres of land in Bachecroft in Wisebeche time out of mind ought and had used to maintain a certain Bank in Wisebeche called UUisebeche fen dike viz. for every acre 5 foot and had not done so And that the Prior of Spinney and his Predecessors had for the like time for xl acres of land which they had in UUisebeche repaired a part of the said Bank according to the same proportion So likewise that Nich. Howard had done for xii acres of land which he had there Likewise that the Abbot of Thorney and his Predecessors in regard of their lands in Thorney had for the like time clensed and ought to clense and scour a certain Sewer from Muscote in Thorney unto Thorney barr in the same Town and thence to Knarre and thence to Wryde both in the same Town and thence to Setting lake in UUisebeche and thence to Mariskote in Thorney and thence to South Ee dike in Wisebeche which is the division betwixt Cambridgshire and Lincolnshire and that it was not clensed Also that the whole Hundred of Wisebeche had used time out of mind and ought to clense the before-specified Sewer from South Ee dike in the said place unto Trokenholt in Leverington And that the Abbot of Thorney for his lands in Trokenholt crofts in Leverington had used in like sort and ought to scour the Sewer of Trokenholt aforesaid unto Clows crosse in Leverington neer to the Bank of Sutton on the North part and then that the whole Hundred of Wisebeche ought to clense the same from Clows crosse to Guyhyrne but had not done it Moreover that the Tenants of the lands called Pavys in March had used and ought to clense a certain Sewer from Wardyscote in Dodington unto Wisemouth in Wisebeche so that the water might have it's passage to the great River of Wisebeche and that it was not clensed Also that Will. Vernoun for his Mannour of Coldham and his partners for the whole time aforesaid ought had used to repair a certain Bridg in Elme in the Drove called Crome dike and another Bridg in Elme which then were broken And that the said Will. for his Mannour of Coldham together with his partners ought and had wont for the whole time aforesaid to maintain a Bridge in Wisebeche below the Parsonage which was then broken as also one Clow at Bolsterbrigge in Elme with two Keys whereof the one to be in the Custody of the Guardian of the Fen on the South part of the River of Wisebeche and the other in the custody of the Lord of Coldham but that then there was no Clow at all there And likewise that he the said VVilliam in respect of his said Mannour of Coldham and his partners for the whole time aforesaid ought and had used to make a Crest in Meesdrove in Wysebeche higher than it was at that time by three foot and in bredth eight foot for the which he ought to have the aid of a certain Field called Bolnehyrst field as also a Bridg in Elme in a ceriain Drove called Cromedike And they likewise presented that the said Town of Elme had not clensed a certain Sewer called the River which leadeth from Elme to Wisebeche and ought to be ten foot in bredth and of a fitting depth so that the fresh water might run in the Chanel unto Wisebeche and thence to the Sea Also that Marysdam in Elme ought to be cut so as the fresh water might passe away by the old River of Elme to the Sea according to antient Custome Also that the Bishop of Ely and Will. Venour for his said Mannour of Coldham and his partners did use and ought for the whole time aforesaid to repair one Bridge lying at the Falgote in Leverington but had not then repaired it And that there ought to be one Dam at Bolstrebrigg in Elme made by the said William for his said Mannour of Coldham as long as a Clow should be made there Likewise that the Bishop of Ely the Abbot of Croyland William Venour in respect of his Mannour of Coldham William Branch and all other persons having several Fishing used and ought to clense the River of Elme called Elme Ee from the Floudgates unto Marysdam in Elme and thence to Hedmere in ....... and thence to Lethermere in ........ and thence to Creke hirne in .... and thence to March Eee because they claimed Fishing in all those places And that Iohn Mannyng of Wisebeche did cut one Crest of Coldham Bank to the general nusance And that the Landholders of Nymenesdole in Wisebeche had used and ought to repair one Crest in Wisebeche beginning at the Tenement of Alice Cave and leading to the house of Iohn Algood in the same Town And that three Pipes newly made in a certain field called Smalmedows in Wisebeche the first by the Bishop and his Participants the second by the Lord of Coldham and his and the third by the Tenants on the South side of Wisebeche being made too large by xij foot should be amended And that the Tenants of Heighmathes in Wisebeche ought and had used to repâ—ir one Crest in Nettâ—ldykelane in Wisebeche four foot in height and as much in bredth Moreover that Will. Prior of Ely Sir Thomas Tudenham Knight and his Tenants ought and had used to repair one Crest beginning at the Fen dike in Wisebeche and leading to Bellymyll brigge in the same Town thence to Corner's Messuage on the South side of the Sewer in height three foot and in bredth four and that all the landholders in the fields called Sayrefield Nymandole Flakemore field and Heymathes ought to repair the said Crest every man according to his proportion And that the Parson of the Church of Wisebeche ought and had used to repair a Sewer in Wisebeche beginning at the house of Reginald Rogers in Wisebeche and leading into the same Town And that the Town of Wisebeche ought and had used to make a Clow in the Sewer of Wisebeche at a certain Bridge in Neuton neer Fytton gole for stopping of the water when need required And they likewise presented that Iohn Everard Esquire had straightned the common River of Wiâ—ebeche with Nets and other Engins therein placed to the general nusance c. As also that Will. Caus Esquire and Iohn Greene had done the like And that the Abbot of Dereham had one Kedel in the Common Sewer of Wisebeche called Plant's were to the common nusance c. as also another Kedel in the same Sewer Likewise that the Town of Wisâ—beche ought and had used to repair a Bridge in Neuton called Mutcroft bridg which was then ruinous And that the Bishop of Ely and his Participants ought and had used to repair a certain Bank called Blak-dike in ......... unto the Pipe called Watersey Pipe which was then in decay And that the same Bishop ought to make one Crest in Hillary drove beginning
said River viz. from the great Bridge of Wysebeche to Sozelsdyke and the New dike from Sozelsdike to Geyhirne and the Fen-dike from Geyhirne aforesaid to Pigges drove each man according to the proportion of his tenure as often as need should require And they moreover presented that the Landholders in Leveringtone did use time out of mind to repair maintain and new-make a certain Fen-bank in Leveringtone from Pigges drove Crosse unto the Clouse which is the division betwixt Leverington and Sutton each man according to the quantity of his land according to an antient Agistmentâ— Whereupon the said Commissioners did decree the same accordingly And they likewise presented that the Landholders in Leveringtone did use and ought time out of mind to repair maintain and new make a certain Bank called Shoffendyke extending it self from the said Clouse to Gore-dyke in Neuton each man according to the proportion of his holding Whereupon it was accordingly decreed And they also presented that the Landholders in Neutone used time out of mind and ought to repair maintain and new make a certain Bank called the Shoffendyke beginning at the Gore-dyke of Neutone and extending it self to Tyd-Threddyng each man according to the proportion of his tenure as often as need should require Whereupon it was decreed accordingly And they presented that all the Landholders in Tyd S. Giles did use time out of mind to repair maiâ—tain and new make a certain Bank called Shoffendyke extending it self from Tyd-Threddyng unto the Egryndes in Tyd S. Giles each man according to the proportion of his Land Whereupon it was decreed accordingly And they likewise presented that there had been time out of mind and also ought to be two Clows in Leverington one at Rotespipe aâ— the charge of all the Landholders from Newbrigge drove in Wisebeche unâ—o the See dyke and the other at Meysland at the costs and charges of all the Landholders from Sozel dyke in Wisebeche unto Newbrigge drove in the same Town And they presented that the Prior of Ely and Sir Thomas Tudenham Kt. ought and had wont to repair time out of mind one Crest in Tholymesse drove in Wisebeche beginning at the Fendyke and extending it self to Tolymers in the same Town four foot in height and eight foot in bredth And that the Landholders of Geyhirne field of Wisebeche time out of mind had used and ought to repair a certain Crest extending it self from Blakedyke unto Mariotts brigge in the same Town in height four foot and in bredth eight And that the said Landholders of Geyhirnefield did use also time out of mind to repair the Crest from Maryottisbrigge to Tolymers drove neer to the common Sewer on the West side four foot in height and eight foot in bredth And they said moreover that the Landholders of Geyhirne Crosse in Wisebeche unto Sozel dyke ought to make and repair one Crest upon Blake dyke from Geyhirne crosse to Sozel dyke aforesaid in height four foot and in bredth eight And that the Landholders in Geyhirnfield as also of the lands of Will. Cause in Tolymersfield in Wisebeche ought to make and repair one Crest from Mariottesdrove in Wisebeche unto Doddesbrigge in the same Town neer to the common Sewer on the North part in height four foot and in bredth eight And that all the Landholders in Rechey field ought to make and repair one Crest from the said Clow unto Belymylle brygge neer to the common Sewer on the East part in height four foot and in bredth eight And that Thomas Hyptoft and his Tenants ought to make and repair one Crest in Rat Rowe on the East side of the way called Tolymersdrove unto Rat Rowe brigge in height four foot and bredth eight And that the Tenants of Hugh Sozell's lands in Wille Lake and of the lands of Mundeforth felde ought to make and repair a Crest in Gamyl drove from Doddesbrygge to Blakedyke in height four foot and bredth eight And they likewise presented that all the Landholders of the xxx acres in the Town hende in Wisebeche ought to make a repair a certain Bank called Belymylle dike from Belymylle brigge unto the land late belonging to Will. Beteyns in height four foot and bredth eight And that the Landholders in Sayersfield in Wisebeche ought to make and repair one Crest in Waldysgate from Belymylle brigge to Robyns brigge in the same Town in height four foot and in bredth eight And that the Landholders in Briggefield in Wisebeche on the North side of the River abutting upon Bridgedrove Eastwards ought to make and repair one Crest in Briggedrove in Wisebeche in height four foot and in bredth eight And that all the landholders in Wisebeche ought to make and repair a Clow in the Sewer of Wisebeche at a certain Bridge in Neutone neer to Fytton Gole for to stop the water there when need should require And they also presented that whereas there were three Pipes newly made in a certain field called Smal medows in Wisebeche one by the Bishop of Ely and his Participants the second by the Lord by Coldham and his and the third by the Landholders on the South side of the River of Wisebeche they were made too big in bredth and contrary to the Presentment of the Jurors it was therefore decreed that they should be amended the said Commissioners therefore did ordain and decree that the Bishop of Ely and his successors Sir Thomas Todenham Knight Thomas Hyptoft Will. Caus and his heirs the Lord of Coldham and his Participants and all others before-mentioned and all the Landholders within the said Town of Wisebeche as aforesaid should for the future be charged to make repair and maintain all and singular the Banks c. specified in the said Presentment according to the proportion of what they held as often as need should require And for the better safeguard of the said Town of Wisebeche they moreover did ordain that the Bank called Wisebeche fen dike should be barred in certain places needfull to prevent Cattel from passing thereon and that hassocks should be gotten in the Fen and laid at the foot of the said Bank in several places where need required And that all the Landholders of Oldfield in Wisebeche abutting upon the Sewer of Coldham ought to stop the ends of their Ditches beginning at Tylyry lane unto Coldham pipe And the said Commissioners also decreed and ordained that all Kedylls Stamps Dams and other Engines in the River of Wisebeche whereby the water was in any sort straightned or stopped should be removed and taken away and that no man thenceforth should make any stamps dams Kedills or other Engines in the said River from Geyhirne to the Sea upon penalty of Cs. to be paid to the Bishop of Ely for the time being And that there should be a Guardian appointed for the safeguard of the Countrey to oversee open and shut the four Gotes of Wisebeche Leverington Neuton and Tyd S. Giles yearly at the
common Sewer at Brownesbrigge and another Clow or one Dam in the Common Sewer at Wâ—singhambrigge and another at Boteleslane brigge and another at Tubbesbrigge so also one in each of the Common Sewers at Mannyngesbrigge Beeslane brigge and Stonebrigge in Kirklane And that the said Town of Tyd ought also and did use to make repair and mantain sufficiently two Banks called Wardyches in Tyd aforesaid viz. the Syd dyke and Thre dike beginning at Avereys trees in Tyd aforesaid and extending to the New fen dyke in the same Town higher by six foot than they were at that time in the best place and in bredth twelve And that the said Town of Tyd ought to raiseâ— maintain and repair sufficiently one Bank called Marteynesfendike in Tyd aforesaid beginning at Avereys trees and leading to Wesynham brigge in the same Town six foot higher than it was at that present in the best place and in bredth xij foot Whereupon the before-specified Commissioners decreed that the said Sewers and Banks should be made and raised accordingly And they likewise for the better safeguard of the said Town of Tyd did decree and ordain that a new Sewer should be made from Brownysbrigge unto Kirklane on the North side of Newgate in bredth ten foot and in depth as much as needed so that the Rivers of Elâ—tesfeld Fendykefeld Cokeleyfeld Hornefeld and Rylondfeld might have their course to the House somtime belonging to Will. Noche but then to Will. Hobart on the North part of Brodgate and so thwarting the Broadgate unto Brownesbrigge aforesaid on the South side of Brodgate and so unto the said new Sewer and then crossing Kirklane where a fitting Bridge of bredth and depth convenient was to be made and so by the hades of the Lands of Somerleswe abutting on Kirklane towards the West unto Thorgereslane and so by Thorgereslane on the North side unto Hastcroft dyke neer to Thesâ—ill brigge and from Thestely brigge unto the end of Thorgaresâ—ane unto Hascrost mylle hylle thwarting Hascroft dyke and so to the antient Sewer called Brossebrigge and so to the Sea which Sewer was to be made by all the Landholders of the Town of Tyd aforesaid And that the two Sewers on each side Brodgate and Kirkgate from the House of Will. Hobert and Brownesbrigge should be stopt up when need required And that one Sewer should be repaired and digged on the South part of Southgrafte feld neer to the Syddyke viz. from Childesgrave unto the Gorys and so to Theâ—tely brigge eight foot in bredth and as deep as needed by all the Landholders in Southgrafte feld aforesaid And that all the hade Lands of Southgrafte feld aforesaid towards Thorgaresâ—ane should be stopt by the Landholders there upon penalty of xxs. for every of them to be paid to the Bishop of Ely for the time being so that the water of Southgrafte feld aforesaid might have its course to the Sea without any impediment And that every man having Lands or Tenements in Tyd aforesaid might take Earth to repair and make the Shoffen dyke from the Common next to the River which is in Tyd aforesaid and Tyd S. Maries which is the division betwixt Cambridgshire and Lincolnshire And that the said Shoffendyke should be barred in three places to prevent Carts from coming thereon and that a certain way in Tyd aforesaid called Beeâ—lane should likewise be barred for the same respect from the Feast of S. Michael the Arch angel unto the Feast of S. Peter ad vincula by the Landholders in Newfelde And they lastly presented that Thomas Floure of Okham in the County of Roteland ought to repair and maintain upon the Bank called Wisebeche Fendyche a certain proportion containing six hundred foot in respect of xxiiij acres of land in Wisebeche and that upon Monday the Feast of S. Wolstan the Bâ—shop and Confessor in the seventeenth year of the said King Henry the sixt his reign the same portion of that Bank was broken and decayed and that the Dike Reeves aforesaid did warn the said Thomas to amend the same which he refusing to do the fresh waters made the said breach greater whereby the portions of the same Bank belonging to Geffrey Lambard and others adjoyning thereto were also broke and ruined to the danger of destroying the whole Country MMMMCCCC acres in Wisebeche MMMMDC acres in Leverington MCCCC acres in Neutone and MM. acres in Tyd being thereby at that time overflowed and drowned Not long after this viz. upon Saturday next before the Feast of the Nativity of the blessed Virgin in 17 H. 6. there was a Session of Sewers held at Wisebeche by Sir Iohn Colevile Knight Gilbert Haltoft and others at which time the Jurors presented upon their Oaths that there was a certain Sewer called South Ee but antiently Old Ee whereby the water of Nene and Weland ought to passe from Noman's land in Croyland unto Dowesdale in the same Town and thence by South Ee dyke unto the East end of the field of Throkenold in Leverington neer the Crosse in Leverington and thence into the Sewer called Fendiche in Leverington and Wisebeche unto the River of Wisebeche at Guyhirne Which Sewer of South Ee aforesaid is the division betwixt Lincolnshire and Cambridgshire And that the moytie of the said Sewer ought to be scoured by the Abbot of Crouland and the Towns of Quaplode Hotheche Fleete Gedney Sutton and Tyd S. Maries in Lincolnshire viz. by the said Abbot to Dowesdale aforesaid and thence by each village aforesaid for their proportions of land in each Town And the other moytie by the Abbot of Thorney and Bishop of Ely with his Tenants of Wisebeche Hundred viz. by the said Abbot for his Fens in Thorney and Leverington bordering upon the same Sewer and by the said Bishop and his Tenants for their Fen called Wisebeche fen in Cambridgshire abutting upon the said Sewer And the said Sewer called Fendiche ought to be clensed by the Towns of Wisebeche Leverinton Neuton and Tyd S. Giles And that the said moytie of that Sewer which ought to be scoured by the said Towns of Quaplode Holbeche Fleete Gedney Sutton Tyd S. Maries was not clensed but stopt up and filled with Reeds Haffs and other Vegetables so that the said water could not have its right course unto the said Sewer called Fendiche and thence to the River of Wisebeche and so to the Sea as it used to have whereby the whole Fen called Wisebeche fen belonging to the Bishop of Ely was drowned so that the said Bishop and his Tenants of Wisebeche Hundred could not receive any benefit in the same And they likewise presented that one part of the water of Nene descended from the Bridge at Peterborough unto Thorney barre aforesaid thence to Noman's land in Croyland Which River the Abbots of Peterborough and Thorney ought to clense from the said Bridge at Peterborough unto Thorney bart aforesaid and thence to Noman's land aforesaid viz. the Abbot of Peterborough the
Outwell Shâ—ll unto North Delph And in like manner under the said Bank called the New Pow diche and from thence in a Sewer for the waters of both the said Fields called Plawfield and Kirkfield by and through the Common of Outwell aforesaid called Mullycourt Drove and so forth in the same Sewer or Drayn unto a certain place called the Sumptes against the Meadow of the said Edmond Beaupre called Galcroft and from thence unto a certain Bridge called Angle brigge in the Common of Outwell aforesaid And from thence unto a certain Sallow ground of the said Edm. Beaupre called Hodg hirne and there to enter into Rightforth lode which Lode beginneth at the South Corner of Hodges hirne aforesaid and extendeth from thence between the Common Drove of Outwell on the one part and the Marish and Fenn of the Earl of Arundell called Bardolf fenn on the other unto the North Corner of Hodges hirne And thence right forth between the Marishes and Fenns of the said Earl on both sides unto a certain place in Stow Bardolf aforesaid called North hooke and thence directly in a Drayn to Stow bridge in Stow Bardolph aforesaid and there through a Sluce of Stone and Timber into the great River of Ouse Also they said that for the safety of the field called Budbech field in Upwell and Outwell there ought to be made a Drayn by the Landholders of the same Field from a certain place in Upwell called Dod's style by divers heddings unto Pyes drove in Upwell aforesaid and there to enter into a Pipe or Gote of stone under the same Drove and from thence directly in a Dike between the Drove called Mayers drove of th' one part and the Lands of the said Rob. Dannet the Lands of the King as in the right of the said Monastery of West Dereham the Lands of the Dean of Ely and the Lands of Iohn Fyncham Gent. the Lands of the Heirs of Anth. Croftes the Lands of the Heirs of Edm. Chatterys the Lands of Iohn Coney the Lands of Reynold Hilbrond the Lands belonging to the Parsonage of Outwell and the Lands of the Heirs of Croftes and the Lands of the said Ric. Fyncham on th' other part and so in a Dike unto the Lands of the said Iohn Fyncham and then in a Dike between the Lands of the said Iohn on th' one part and divers men on th' other part unto the Yard stead of the said Iohn somtime Thomas Hollows of Outwell aforesaid and there to be made a Dam between the said Lands and the Lands of Iohn Coney And from thence in a Dike between the Lands of the said Iohn Fyncham unto the front of the said Iohn in Owtwell aforesaid and there to enter into a Pipe or Sluce of stone and Timber under the same front and also in the same Sluce under a certain River in Outwell aforesaid called the Little lode the which River divideth the said Counties of Norff. and Cambridgshire and so forth in the same Pipe into the said Field called Sandyfield and thence in a Drayn between the Lands of the said Edm. Beaupre called Reynolds of the one part and the Lands of the said Iohn Fincham on the other unto a certain pasture ground of the said Edm. Beaupre called the Upward and so in a Dike between the Lands of the said Edmund on both sides unto a certain pasture of the said Edm. called the xx Acres and there to enter into a Pipe or gote of Stone laid between the Lands of the said Edm. on both parts and from thence into a Drayn or Sewer by or through the grounds of the said Edmund unto a certain gysted Dike of the said Edmund called Blewick dike and there to enter into a Pipe or Sluce of Stone under the same Dike and then into a Drayn or Sewer aswell for the waters of the said Sondyfield as for the waters of the said Field called Budbech field and from thence in the same Sewer for both the said Fields called Budbeche and Sondy field by and through the Common of Outwell called Blewick fen unto the said place called Hodges Hirne and there meeting with the said Drayn for the said Fields called Plawfield and Kirk field to pass forth with the same by and through the said Sewer called Rightforth lode by and through Bardolf fen unto North hooke aforesaid and from thence unto the Pipe or Sluce at Stow bridge aforesaid and by and through the same into the great River of Ouse And they said that the said Drayn for Plawfield aforesaid ought to be in bredth from the said place where it beginneth unto the said Sluce lying under Small lode 8. foot and from the said Sluce by all the said Drayn unto Hodges hirne 8. foot and from thence unto Rightforth lode at a place called Hodges hirne 8. foot wide And the said Sewer for Budbech field to be in bredth from the said place where it beginneth unto the Pipe under the little lode in Outwell aforesaid 7 foot And from thence unto the said Sluce lying under the said Blewick dyke 7 foot And from thence unto Rightforth lode to be in bredth in the narrowest place of the same xij foot and so to Stow bridge and that they be made of depth according to the wideness All which Sewers and Drayns to be kept and maintained at the charges of all and every person chargable to the making of them After this viz. in 13 Eliz. at another Session of Sewers it was presented by the Jurors scil 1. That the Sea-bank beginning at Tyd gote in Tyd S. Giles adjoyning upon the County of Linc. and so leading to a place called the Horshooe being in great decay be made in height xx foot above the Saltmarsh and in bredth six foot by the Inhabitants of Tyd Newton and Leverington And from the Horshoâ—e unto Crabmarsh gate of the same bredth and height by all the Lands in Estfield And thence to the Sluce of Wisbeche Which Bank from Crabmersh gate was decayed in Bishop Goodrick's time and part thereof carried by the â—onsent of the said Bishop for the pavement of the Market place in Wisbeche and part by Mr. William Blomfield for making of a Windmill there 2 That the Bank called Whymeydike beginning at the Sea bank end at the Horshooe in Leverington ought to be made unto Coxe corner in Wisbeche above the brink of the water xx foot and in bredth 8 foot And from Coxe Corner the old Market of Wisbeche the Ee banke to Newdike end alias Lentshurne beyond Bevys Hall on the North side and West side of the said Rivâ—r to be made in height xii foot and bredth xvi foot by all the Landholders on the North of Wysbeche And that Newdike from Lyntyshirne unto the farther Crosse at Guyhirne be made in height xvi foot and in bredth xii foot by the said Landholders on the North of Wysbeche 3 That the High Fendike beginning at Guyhirne crosse and so leading to
Pigs drove and Clows crosse to be made xi foot in height and xii in bredth by all the Landholders of the North side of Wysbeche and Leverington taking menure for the same at liberty and paying for every Rode of menure in length and bredth xvi foot and in depth 8 foot xvid. to the owner of the land 4. That Shofendyke otherwise called Harhold beginning at Clows crosse and extending to Goredyke in Newton be made in height 8 foot by all the Landholders in Leverington And from Gore dike to Tyd thredding in height and bredth as aforesaid by all the Landholders in Newton And from thence to Eegraynes in Tyd S. Giles in like sort by the Landholders in Tyd S. Giles 5. That the Conies be destroyed which do hurt to the Sea-bank beginning at Tyd gote and extending to Wysbeche Sluce 6 That a Crest be made from Fytton bridg against the gole in Leverington by the Landholders on the North of Wisbeche to keep the water within the Bay 6 That the Landholders in Iuly field make a Crest in Orech alias Mouth drove from the great River unto Black dyke in height six foot and bredth 8. 7. And that the Dean of Ely and Lord Berkley make a Crest in Tholomer's drove beginning at the Fendyke and reaching to Tholomers in height and bredth aforesaid 8. That the Landholders in Guyhirnfield do make a Crest from Blak-dike to Marytts brigge of the like bredth and height And from Maryts brigge to George Ramsey's house Corner on the East part of the Sewer to be made by the Landholders of Guyhirne field From Marytts bridg to Tholomers of the West side by William Butcher for his lands in Calves field so far as his lands do extend and the residue by the Inhabitants of Tholomer's drove From Guyhirn Crosse to Blakdyke end by the Landholders in Guyhirn field From Blakdike end to Mouth drove by the Landholders of Iuley field And from Mouth drove to Sondy dike alias Sorrâ—ll dike by the Landholders in Rummers field all of the like bredth and height 9 That the Landholders of Munthforth field make a Crest from George Ramsey's corner to Dods brigge Thence to Riche's stow to be made by the Landholders of Guyhirnfield William Butcher for Calves field and Munforth field From Riches stow to Belymyll brigg on the West side of the Sewer the Landholders of Richey field in height 4 foot and bredth 8. 10 That Tho. Gardner the heirs of Henry Repps Esquire the heirs of Laurence Cade and Agnes Talbot with their Coparceners do make a Crest in Ratrow from Tholomers drove unto Ratrow brigg in height 4 foot and bredth 8. 11 That the Lodebrinke in Murrow from Priors brigg to Mill lane end be made by the Tenants of the Dean of Ely Thence to Houshold brigg by the said Mr. Repps and Tho. Gardner and their Coparceners Thence to Belly myll brigg by the Landholders in Richey field in height six foot and in bredth 8. 12 That the Landholders in Willake and Munforth field make a Crest in Galles drove from Dods brigg unto Black dyke in height 4. foot and in bredth eight 13. That the Heirs of Talbot do make a Crest in Mampasse from Dodsbrigg on the South side the Common Sewer unto the East end of his Pasture of the like height and bredth 14 That Mil lane from Tholomers drove and reaching to Mill lane end to the Pipe in the Drove be made in height four foot and in bredth eight foot by the Dean of Ely and Lord Berkley 15 That the lands between Sorrel dyke and Bellymill dike from Belly mill unto Newdike otherwise called Sandy dike do make Sorrell dyke and Bely mill dike in height 6 foot and bredth 8 foot 16 That the Landholders in Sayrfield make a Crest in Wallys gate from Bellymill brigg unto Cheyneybrigg otherwise called Robbins brigg in height six foot and in bredth 8 foot 17. That the Crest beginning at Sorrel dyke and extending to the Church stile at S. Maryes ought to be made by the Lands lying between Newdrove and the said Crest in height 6. foot and bredth 8. 18. That the Landholders in Nymans dole make a Crest in a drove called Kilne house dike from Pigs drove to Cheyney brigg in height 6. foot and bredth 8. 19. The Bevys dike from Pig 's drove to Bevys crosse be made by the Landholders of Inhamfield and Newfield in height and bredth as aforesaid 20. That Newdrove be made by the Landholders of Newfield from Sorrels dike unto Bevys dike 4. foot high and 8. foot broad 21. That the Landholders in Hirnfield make a Crest in Fleming's drove from Bevys drove to Bowman's drove in like sort 22. That the Landholders in Longland make a Crest in Bowman's drove from Bowman's Crosse to Fleming's droves end in height 6. foot and in bredth 8. 23. That the Landholders in Briggefield on the North of the River make a Crest in Newfield drove unto Long drove end in like sort 24. That the Landholders of Fen-land make a Crest in Mill lane from the great River unto Barton lane in like height 25. That the Landholders in Harvey field make a Crest in Faulle lane from the great River unto Mill lane in like height and bredth 26. That the Landholders in Whitemathes from Barton cros alias Barton lane unto Wisbeche lode running to Callows bridg ought to make a Drove called Giggs drove in height 4. foot and bredth 8. 27. That the Landholders of Nyman's dole make a Crest from Barton Crosse unto Barret's Brigge in height and bredth as aforesaid 28. That the Landholders in Flatmore make a Crest in Netledyke lake from Leonards pipe unto Barton lane of the like height and bredth 21. That the Landholders of Gybesholme and all the Lands between Barton lane and Pycks make a Crest in Barton lane from the great River unto Gydges dike in height 4 foot and bredth xij 22 That the Landholders in Sondylond make a Crest in Pickards lane and Mill lane from Mill lane end unto the Dike between Leverington and Wisbeche in height six foot and bredth xvij 23. That vii acres called Gallow land make a Crest from Spittle Crosse uuto Whynney dike in height 6 foot and in bredth xii 24. That the Lowfieâ—ds on the North side of the River of Wisbeche from the Fendike to Bellymil dike shall scour the Lode from Belly mill to the nine hundred Briggs as need requireth and thence to Evildike brigg the nine hundreth to be Contributers And from Evysdike to the 4 gotes all the lands on the North side the River every man according to what he holdeth 25 That a Close Shut be made at Leonards pipe by the Landholders of the next fields Another at Evysdike brigge by the Landholders of the nine Hundreds to keep the water from running into the Low fields 26 That all Weres and Stampes from Guyhirne to Clows-crosse or elswhere within any part of the Fenn be xxiiij foot in
the Were and the dore and wider if need be so that no water be stopped or straightned 27 And from Clows Crosse unto the Northwest corner of Troknold in the river called Old Ee alias South Ee the one half of the said river to be clensed by the Landholders of Troknold and the other by those of Tyd S. Maries and Sutton and from Troknold field unto Marysh cote the one half to be clensed by the Bishop of Ely and his Tenants and the other by the Landholders of Sutton and Gedney it being the division betwixt Cambridgshire and Lincolnshire 28. That Guyhirne gole be stopped 29 That the Sewer called the New leame from Knar lake to Stanground being so grown up that no water can passe in dry years to the utter decay of Wisbeche river be diked 30 foot wide and 6 foot deep 30. That the Landholders of Wisbeche do make a Shut at Fytton brdg within the Town of Newton to stop the water when need shall be 31. That all the lands in Wisbeche on the North side the River ought to clense the high lode of Wisbeche from the 4 gotes to Eydikes brigge in Leverington in bredth xii foot and depth four and repair seven Bridges in the Town of Newton 32. That the great River of Wisbeche being greatly decayed raised and filted up by reason of the flowing and ebbing of the salt water for preservation therefore of the whole Hundred that a Sluse be made in the said River at the Horshoo in Leverington at the charge of all the Hundred of Wisbeche or any other place that shall take profit by it and to be made in bredth Lx foot and depth x foot from Guyhirne to the Sea 33. Also that there be two new rivers cast of each side of the said great river of Wisbeche the one to begin at Guy hirne Crosse and to extend to Kentoun's Corner the other at Tower house and to extend unto Kekys mill which rivers to be xv foot wide apeice and six foot deep and this to be done by the whole Hundred of Wisbeche 34. And that for the better preservation of the high Fen dike and the Countrey the Townships of Newton and Tyd S. Giles shall as oft as by any outragious tempests and waters it shall be in danger rise and come to give their attendance with the Townships of Wisbeche and Leverington to watch for the preservation of the same 35 That a Dam be made in the Lode at Hobs house to the end that by the stopping thereof in dry years the waâ—er may the better descend into the great river Leverington 36. That a Crest be made from Fytton bridge against the gole in Leverington by the Landholders on the North of UUysbeche that the water may run within the Bay 37. And that the heirs of Richard Everard Esquire shall maintain a dam in the xl acres lying between the lands late Geffrey Norman's and the heirs of the said Mr. Everard to keep out the gool water from drowning of Parkfield and UUratfield 38. That the Landholders of Harpfield and Sherefield in Leverington make a Crest in a place called two Lanes beginning at Shofendyke and leading to Blacklane in height 6 foot and in bredth 8. 39 That the Landholders in Southingham in Leverington make a dike called Overdyke beginning at Bellmylne Briggs and leading to Parson drove end and thence to Meysbrigge by the Landholders of Northinham And from thence to Blacklanffield otherwise called Lady outgote by the Landholders of Fenhalfield and thence unto Bond 's gote by the Landholders of Blacklanefield in height 6 foot and bredth xii 40. That the Landholders of Rymersfild in Leverington make a Crest in Pokle beginning at South-gate and so leading unto Birds drove in height six foot and bredth eight foot 41. That the Landholders of Newfield in Leverington make and repair a Crest in Alinne drove beginning at Bird's drove and so leading to Newfield pipe in height six footâ— and bredth 8. 42. That the Landholders of Pokefield make a Crest in Mill lane beginning at South gate and so leading to the Pipe at Birds drove in height six foot and in bredth 8 foot 43. That the Landholders of Richmund field make a Crest in Cattle dike beginning at Newer's dike and so leading unto Richmund pipe in height six foot and in bredth xij foot 44. That the Landholders in Richmund field and Newfield make a Crest in Turnmeredike beginning at Bond 's gote and so leading to Richmund pipe in height 6 foot and in bredth xii foot 45. That the Landholders of Longmeadow and Catfield make a Crest in Oldfendike lane beginning at Leonard's pipe and so leading on to Cakerow hill gate in height 4 foot and in bredth 8. 46. That a gool in Northinham and a gool in Southinham shall be agisted and made and the agistment thereof maintained by all the Landholders in Leverington the menure to be taken off the lands annexed paying to the Owners iiijd. for every Rod. 47. That the Landholders from the High Fendike to Newlane in Northinham shall make Newlane in bredth xii foot in the bottom and in height four 48. No stops to be made in those Sewers of Southinham and Northinham but that the narrowest place be six foot wide that Boats may passe 49. That the Landholders on the North of Wisâ—eche River who drayn through Leonard's pipe make sufficient a Crest beginning at Leonard's pipe and so leading by Popelane to Ives dike bridg in height four foot above the water and in bredth 6 foot And every one to keep their Heddings and their Cloues on the West side of Popelane according as heretofore 50. That the Landholders of Out Newlands in Leverington make a sufficient Dam in bredth 8 foot and height 6. at their lands ends at the North east side at the Windmill in Leverington to keep out the water from running in Wisbeche lode 51. That the Landholders of Southinham and Canonfield make a Crest from Dike corner unto Over dike in height six foot and bredth eight 52. That all the lands in Leverington ought to scour the high Lode from the Fendike unto the 4 gotes in bredth 12 foot and in depth 4. And all Stamps and Weres therein to be pulled up neverthelesse the Inhabitants to have a Common set in the said Lode at a place called Richmond greene from side to side according to antient old Custome Newton 53. That a Sewer be made in Longfield in Newton in bredth 8 foot and depth 4 between the lands of Ieffrey Colvile Esquire and Simon Trove and the lands of the said Mr. Colvile and Thomas Reynold from Mill lane unto Medow lane 54. That another Sewer be made in the midst of Longfield aforesaid from the lands of Ieffrey Colvile Esquire abutting upon the lands of Robert Roydan unto the aforesaid Sewer to be in bredth 8 foot and in depth four 55. That all Fish taken at the 4 gotes be converted to the use of the
said gotes 56. That the Heddings of Fytton Seacrofts be diked from Dods dyke unto Medow lane in bredth 8 foot and in depth 4. 57. That the Heddings of the lands in Fytton croft be diked in bredth 8 foot and in depth 4. from Lowing's Fendike unto Dods dike 58. That a Sewer be made by the Heddings of the lands in the midst of the old ......... viz. from Fittâ—â— Crosse unto the lands of Ieffrey Colvile Esquire called Worthens Croft in bredth 8 foot and in depth 4. 59. That a Sewer be made on the South side of Worthens Croft unto Dods dike in bredth 8 foot and depth 4. 60. That the Township of Newton time out of mind ought to repair a Dike called Lowings otherwise called Blackdike beginning at Fitton and so leading unto Tyd Sea-dyke in height 8 foot and bredth xii 61. That the Landholders of Iohn Clarke and Rolles field ought to make a Dam at the East end of Iohn Clarke's land in Newfield to keep the water of Newfield from running into Rolles field 62. That the whole Township of Newton ought to repair a Dike called Goredike from Block's lane leading to Shoffendike in height 8 foot and in bredth xii 63. That all the lands in Newton shall clense one Lode called Newton lode beginning at Fendike bridg and leading to Pickerd's stile to the four Gotes in bredth xii foot and in depth 4 foot 64. That the Landholders of Rolles field shall keep their Clotes and the Landholders of Newfield and all other fields that drayn that way shall make their Heddings in Rolles field from the lands of Iohn Clarke aforesaid unto Dod dike and there to make a Pipe of four foot square 65. That a Sewer be made in Newton from viii acres of ...... Drews at Fytton gole at the West end of meadow field and so all along by Medow lane unto West field and so by Sim. Troves 8 acres and from thence by the Heddings of Mr. Colvile's xx Acres and so over the Lane through a pipe to the Common Sewer of Newton to be diked 8 foot in bredth and depth 4 every man against his own land 66. That the Sewer in Fenlondfield beginning at Starts gate and so going into a Pipe lying over Franks lane and so to the mote of Geffrey Colvile Esquire and thence to another Pipe lying over the High way in the same Town of Newton neer to the Common Sewer be diked by all the Landholders that shall take profit thereby 67. That all the lands in Newton do make a Dike coming from Shofendike beginning at Goredike and so leading to Tyd thredding in height 8 foot and bredth 6. 68. That all Weres and Stamps being in the high lode of Newton from Shofendike into the 4 gotes be pulled up 69. That the Township of Leverington do make 8 Bridges in Newton and one Close shut which Bridges do lye towards the South the first at Stanfield's dore the second at the beginning of Black dike two at Leverington pipe with 2 stone walls one at Lords lane another at Child's grave otherwise called Taylors sheers one at Green dike and one at Start's dike 70. That the Landholders of Leverington ought to make the Heddings in Newton beginning at the burnt place in Fytton and so leading unto Fen-dike Bridges and thence by Galls field unto Start's bridge in height ... foot and in bredth 8 taking menure and paying to the Owner for every Rod of length 18 foot bredth 4 foot and depth four foot four pence Tydde S. Giles 71. That all the Landholders in Tyd S. Giles ought to make a certain agisted Dike called Shoffendike from Tyd thredding unto Ee graynes in Tyd in height six foot and bredth 8. 72. That a Bank called Ee dike and all Ee Banks from the said Eegraynes unto Tyd gote shall be made of the same height and bredth by all the said Inhabitants saving against Hockfield and other two places called the Ee dike or Bishops dike The which Ee dike to be made by the Bishop of Ely and the others by the Lord of the said Hockfield 73. That a petty Drayn be made in Newfield beginning at Brown's bridge at Newgate leading by Broad gate and Barngate to the Bridge at Churchgate in bredth 8 foot and depth 4. by the Landholders on the North side of Newgate bordering on the same Drayn 74. That a petty Drayn in Somerlesue be scoured beginning at the said Bridge at Church gate and by Church gate going to Littilbrigg in bredth ... foot and depth 4. by all the Landholders in Somerlesue and a Shut or Dam made at the said Littlebrigge as oft as need requireth 75. That all the Dikes lying against the North side of the Town drove and under Old dyke and Fen lane beginning at Skepgate brigg and so by the Droves to Shofendyke be scoured by all their Heddings every one against his front 8 foot wide and four foot deep 76. That a Crest be made in Towndrove beginning at Gaunt's brigge and so leading unto Cowstowe thence unto Fen lane and thence unto Ee dike in height 6 foot and in bredth 8 foot by all the Landholders in Rylondfield Carrow field and Northlane field And from Fenlanes end unto Shofendyke one Crest to be made in height and bredth as aforesaid by all the Landholders in Elletfield 77. That a Pipe be made in the same Bank a little from Gaunt's brigge out of the Lode for the drayning of the Fen and not to run but at such time as it shall not surround any other lands 78. That all the Wardikes in Tyd aforesaid shall be barred at all times in the year when need shall require by the advise of the Headborows and Dike-Reeves of the same Town that is to say aswell Town drove Fenlane South dike Tyd thredding Blackdyke and Beyslane as all the other agisted Banks and Dikes 79. That the Landholders in Tyd do make a Crest in Beyslane beginning at Tyd Sea dike and so leading unto Brown's brigge in height 4 foot and in bredth 8. 80. That the Landholders in South-field beginning at the lands late Iohn Houshold and abutting upon a certain land called Beyse place and leading unto Tyd Sea dike ought to make one Crest upon the Sea dike beginning at Beislane end and leading to Averie's trees or Black dike in height 6 foot bredth 8. 81. That all the Lands in Brodhest abutting upon Haftcroft lane do repair a petty Drayn beginning at the Common Sewer ....... and leading by the said lane unto Brassey lode in bredth 8 foot and depth 4. 82. That the Common Drove in Halcroft beginning at Hall pasture and so leading between the lands of Sir William Cordall Knight and so by the said Lane unto Welman's street and so into the old Sewer and so by the Sea gate green unto Skepp's board and so by the Sea bank unto the Common Sewer be clensed by all the lands lying upon the same 8 foot broad and 4
to the Sluse by Ouse Cxiiii Rods and a half And they then also decreed that for taking away of the Sock of Bishop's dike and better drayning of this Fen a Drayn should be made under Bishops dike within the said Fen xxx foot at the least from the said Bishop's dike in bredth x foot and depth ..... the menour whereof to be cast towards Bishops dike The which Drayn to begin at Fenbridge and to go to the Barrs that part the Fen in the possession of Alex. Baalam Gent. c. thence to a pair of Barrs standing on Bishops dike next to the West corner of Malles fen then to the Drain called Langbech thence to Dods stile and thence under Greendike to the Sluse lately erected at S. Christopher's Chapel And that there should be another Sewer made from Hall's fen to the said Sluce at St. Christopher's Chapel And likewise that an antient Sewer belonging to the said Fen called Knights dike beginning neer Benford's Hall now Mr. Alex. Balaam's house and so passing under Needham dike on the North so unto Elme drove and thence to the Drove in Buriall field neer S. Christopher's Chapel should be kept and maintained in bredth xii foot and in depth five And moreover that the agisted Dike called Ea brinke beginning at Needham dike and extending from Maryes dam unto Dod's stile should be from time to time repaired And that for default in payment of the Acre-shot the Dikereeves to levy for every iiiid. by them expended vid. and for every iiiid. unpaid to levy vid. Likewise that an Indike be made on the North side of the Sewer extending from Hodghirnâ— through Bardolph fen and a new Sluse neer the River Ouse at the East end of Common lode and an Acre-shot of xiid. the Acre imposed upon all the lands in Nedham and Buriall for supporting the charge thereof And that for default in payment of the Acre-shot distresses should be taken and sold restoring the Surplusage in any Market within ten miles And at a Session of Sewers holden at Lynne Regis ult Sept. 33º Eliz. before Sir Iohn Peyton Knight Nich. Hare Hâ—mfr Guibon Edm. Bell Rob. Forest Tho. Oxburgh Alex. Balam Iohn Willoughby and Miles Forest Esquires it was farther ordered that whereas the Acreshots imposed upon Richard Fyncham Gent. towards the drayning of Nedham fen amounting to xxxvil. viiis. were not paid noâ— any distresse to be found upon the grounds charged therewith and that Rich. Fyncham and Rob. Fyncham interessed in the reversion of the said lands did refuse to pay the same that Iohn Fyncham of Upwell Gent. having paid the said sum to the Dikereeves should have the said lands for a certain term of years Upon the 19 of Sept. 39 Eliz. at a Session of Sewers held by Edmund Bell Iohn Reppes Tho. Hewar Tho. Oxburge Rich. Ogle Anthony Irby Alexan. Balam William Guibon and Iohn Hunt Esquires there were certain Laws and Ordinances made concerning the course of Welney stream and Welle stream with other Sewers the substance whereof are as followeth viz. Whereas it is evident that not only the Rivers of Grant Nene Ouse and Weland but the land-waters from the Counties of Hunt Northampton Cambr. and Norâ—f and some part of Suff. which border upon the Isle of Ely do stay in the Fenny grounds of the said Isle c. forasmuch as neither the several Rivers nor the other streams that are fed with the same as March stream the New Leame the West-water and divers Lodes within those limits be sufficiently clensed not imbanked for the ready conveyance of them to the Sea by means whereof the Out-ring Banks of Deping Croyland and South Ea in Com. Linc. and the Fen dike Waltersey Bank Bishop's dike Elme Ee brinke Coldham and Redmore Bank in the said Isle of Ely and the out-ring of Marshland as also the New Powâ—ike in Com. Norff. are in years of water much chargable to the owners and Inhabitants of those Countries and those Fenny grounds lye unprofitable The said Commissioners deliberately considering the redress do conceive that by renewing of the former depth and wideness of those Rivers Lodes and streams as also of the decayed Banks and by farther imbanking in places convenient the said Marish grounds will be perfected or much amended and therefore did ordain that Welney stream and Well stream from Litelport Chayre to Well ea and so towards Elme as the same have been accustomed to have their fall And March stream unto Shrewysnest where it falleth into UUell stream As also that the water of South Ea antiently called the Old Ea from Clow's Crosse unto Guy hirne before the x of December which shall be in the year 1598. shall be clensed and scoured by such as were to do the same And that the Lode called Small lode from the great River in Upwell to Ingram's hyrn be scoured by Sir Iohn Peyton Knight Dame Dorothy his wife or Edm. Bell Esquire for their lands in Upwell and Outwell parcel of the Possessions of the late Abby of Dereham and thence to Seman's goole and thence to Northdelph by those whose lands lye adjacent thereto So also Darcey-lode and Coxlode Likewise that Maid lode and Ship lode and the moytie of London lode which endeth at Northdelph should be perfected the Banks to be made in the bottom xvi foot and four in the top and five foot in height And the said Maidlode to be five foot deep and xxx foot wide by the space of the first 2 miles thereof And for the next two miles in wideness 25 foot and for the residue of the same and Shiplode xx foot with a Sluce at its fall into the River of Ouse in widenesse xii foot of water and in depth below the low-water-mark of the said River as it hapneth to be about Bartholmew tide all to be done by those that have interest of Common in Neatmore And the other moytie of London lode beginning at Upwell Causey to be done by the Inhabitants of Upwell for the residue of their Common called Neatmore lying without the limits Likewise that a Tax of x s. the Acre be imposed for erecting of Sluces heightning of Banks and making of Drayns and in default of payment thereof the one half of their lands who shall neglect to be sold. Moreover that for drayning of Denver fen a Sewer of xviii or xx foot in bredth be cut through the same to the great River of Ouse and a Sluce at its entrance thereinto And that the Bank called the Causey extending from the Crosse at Upwell Town 's end unto London lode head and the Bank called the Indike leading from thence by the North side of London lode to Welle streme at Northdelph with sufficient Indikes to the said Bank and Causey should before the first of Ian. next following be made and maintained of the like widenesse height and bredth as those that should be Purchasors or Lessees did or should make theirs between London lode
and Maid lode on the West head thereof And lastly that the Dikereeves should levy iid. for id. upon all that did make default in paying of their proportions according to the Custome of Mershland And if the Dikâ—reeves should be remisse then the Commissioners to levy the said iid. for id. and id. upon the said Dikereeves besides Which Acre-shot being not paid by the said Sir Iohn Payton and his Lady and Edmund Bell Esquire as it was decreed by the before-specified Commissioners there was a Session of Sewers held at Sechie in Com. Norff. upon the eighth day of May the next ensuing year by Francis Gawdy Esquire one of the Queens Justices of the Pleas before her self to be holden and in that Session a demise for thirty nine years made unto Will. Ingelbert and others of divers lands belonging to the said Sir Iohn Dame Dorothy his wife and Edm. Bell to the end that the said Will. and his fellow Lessees should out of the profit of those their lands make performance of what had been so decreed by those Commissioners And at another Session of Sewers held at Dounham in Com. Norff. upon the xx of Sept. in the same year by the said Francis Gawdye Edmund Bell Clement Spelman Edmund Moundeford Iohn Reppes Thomas Hewar Thomas Oxburgh Esquires and others recital being made of the Laws and Ordinances for drayning the Fens and Marshes before-specified the said Commissioners decreed that Will. Engelbert Iohn Watts and others and their heirs and assigns being undertakers for the said drayning and to keep and maintain the same being perfected should have the full moytie of the said Fens so drayned which lye and adjoyn to the said Lode called Maid lode and likewise the moytie of all the several grounds wherein no Common is or ought to be enjoyed within the said limits between London lode and Mayd lode and other the Precincts aforesaid except of the several grounds of Sir Iohn Payton Kt. Dame Dorothy his wife and Edm. Bell Esquire or any of them within those limits After this at another Session of Sewers holden at Sechie aforesaid upon Wednesday in Easter week being the xi of April in the xli year of the said Queen by the said Francis Gawdy Clement Spelman and others recital being made of those Ordinances established in the former Session before noted held the 29 of Sept. 39 Eliz. for drayning the Marsh-grounds in Upwell before-specified by a lode called London lode provided for the drayning of Neatmore and certain grounds adjoyning on the North part and the drayns called Mayde lode and Ship lode on the South whereby the Banks were appointed to be xvi foot broad at the bottom in height five foot and in bredth at the top four foot as also the Dikes five foot deep and in widenesse at the top xxx foot for the first two milesâ— and for the next two miles xxv foot and for the residue of the same and Shiplode xx foot with a Level bottom unto the Sluse for the same at the River of Ouse which Sluse to be xii foot wide the one moytie to be done at the charge of all those as had interest of Common in the same and the other moytie to be done by the Inhabitants of Upwell for the residue of their Common called Neatmore lying without the limits aforesaid imbanked And that aswell every Acre of several ground as that wherein any had interest of Common lying within the Precincts above-mentioned was assessed at ten shillings the Acre towards the erecting of the said Sluse heightning of the said Banks and making of the Drayns or Lodes called Maid lode or Ship lode and the said moytie of the said Drayn called London lode and that the lands of such as were so taxed and in default to be sold the said Commissioners by virtue of the before-specified Ordinance did decree divers lands to be accordingly sold for such their default in payment of what the owners of them had been so assessed and taxed Extracted out of a Certificate of certain Commissioners assemled at Upwell 24º Sept. 41 Eliz. 1. That the Bank sometime called the Crest but now Turk-banke lately re-edified for the defence of the waters out of the Fen â—in Upwell lying betwixt Mayd lode and London lode will be of great advantage to many of her Majesties subjects for besides the improvement of the whole grounds imbanked which are esteemed 4000 Acres at the least from id. the Acre to 3s. 4d. or more there ariseth an improvement of a great number of Acres in Denver and likewise the defence of the Banks of Plawfield and Churchfield in Welle which were heretofore much oppressed with water as also of the new Podike against the fresh waters 2. That this Bankâ— called Turkes banke was erected about two years since but there was long before and yet is an antient Bank or Causey neer the said new Bank called Turks banke and on the West side thereof towards the Isle of Ely which Bank was originally made for defence of the waters coming out of the said Isle from overflowing the grounds now imbanked and other adjoyning grounds and for a way and passage for footmen between Welle and Welneye 3. That there hath been of antient time anoâ—her old Bank or Crest called the Common drove on the West part of the said old Bank towards the said Isle adjoyning unto the River of Wellenhe being the division between the said Isle of Ely and Norff. Which said Bank was made for keeping those waters of the said Isle in their antient and right course 4. That it appeareth by certain Court Rolls and Records that divers persons have been amerced and fined in the time of K. Edw. 1. and since for cutting of the said Bank whereby the said River of Welneye was turned out of his right course and whereby the grounds on Norff. side confining upon the said River of Wellnye part whereof is now inned were surrounded 5. That after the Drayns called Mayd lode and Ship lode are perfected as by a Law of Sewers is provided the Inhabitants of the said Isle and other the Countries confining shall receive much more benefit and be better drayned than before the inning of the said grounds and erection of the said Turks banke they have been The Presentment of the Iury for the Isle of Ely made 25º Sept. 41º Eliz. 1. That the Bank called Turks banke containing in compasse about xv miles will be a great hinderance to the fall of many waters flowing towards the Sea through the Isle of Ely it being planted between the two most natural Drayns on that side the Isle at the meeting of many waters flowing out of Neene Ouse and other streams falling by Dodington and March c. and so turneth them unto the other side of the said Isle towards Litleport and the Countries thereabouts where falling into the Ouse they stop the waters naturally flowing into those quarters from that ordinary Drayn
the first Presentment or Judgement to charge every man in particular according to the quantity of his land 3. that they had not power to commit to prison persons refractory to their Orders and lastly that actions of trespass false imprisonment and other processe at the Common Law have bâ—en brought against some of their Officers for executing their Decrees and Warrants their Lordships finding in their Wisdomes that it could neither stand with Law nor common Reason that in cases of such great consequence the Law can be so void of providence as to restrain the Commissioners of Sewers for making of new works to withstand the fury of the waters aswell as to repair the old where necessity doth require it for the safety of the Country or to lay a charge upon the Towns or Hundreds in general that are interessed in the benefit or loss without attending a particular Survey and admeasurement of Acres when the service is to have speedy and suddain Execution or that a Commission that is of so high a Nature and of so great use to the Common wealth and evident necessity and of so antient jurisdiction both before the Statute and since should want means of coercion for obedience to their Orders and Decreesâ— whereas upon the performance of them the preservation of many thousands of his Majestiâ—s Subjects lives goods and lands did depend and it plainly appearing that there would be a direct frustrating and overthrow of the authority of the said Commission if the Commissioners their Officers and Ministers should be subjâ—ct to every sute at the pleasure of the Delinquent in his Majesties Courts of the Common Law and so to weary and discourage all men from doing their duties in that behalf for the reasons aforesaid and the supreme reason above all viz. the salvation of the King and people did order that the persons formerly committed by that Board for theâ—r contempt concerning that cause should stand committed untill they did release or sufficiently discharge such actions sutes and demands as they did bring at the Common Law against the said Commissioners of Sewers or any their Officers c. The opinion of Sir Henry Hobart Knight Attorney general to King James touching the making of new Drayns the Case of the new Drayns made in the Isle of Ely and the Taxation set for the same being thus 1 THat the grounds now sought by these new Sewers to be won and drained are such as naturally and antiently were dry grounds and not continually overflown so as they were truly land and not water and are still to this day dry half the year and sometimes in good years longer 2. Nextly that there have been alwayes notorious and common Drayns maintained at publick charge for the conveying away of the waters in times of downfall or other overflows 3. Thirdly that the said antient Drayns cannot now possibly were they never so well maintained drayn the Country because their conveyance whilst they were in use was into the Sea running out at Wisbeche from whence the Sea is now departed so that there is no way now to carry these waters to the Sea but by Lynne Haven to which therefore these works are made to carry them ¶ The case I say standing thus in all these parts I am of opinion that the Law of Sewers lately made for these new works is warranted by the Commission of Sewers and that a Tax may be set aswell for the making and maintaining of it according to the meaning of the Statutes and Commission as it might have been for the old if they had remained still in use And therefore I am of mind plainly that though it may seâ—m still within the power of the Commission by the Letter of it to maintain the old Sewers yet the Commissioners cannot now enforce the mâ—intenance of them when they are no longer indeed Sewers nor benefit nor damage can arise by them for Sewers are made and maintained for the land and not the land for the Sewers On the contrary when they fail reason teacheth and necessity enforceth some other remedy be found in supply of it And the words of the Commission have it plainly that gives power in one Clause to make necessary and behooffull Laws for the safeguard and preservation of the lands lying to the premisses which premisses being restrained as much as may be to the Sewers yet the lands lying to them must be understood the landâ— about them or for which they were wont to serve So that the safeguard and preservation of the lands is the principal end of the Commission which being not to be preserved by the old Sewers are by this Clause to be preserved at largeâ— that is as best may be and by the Judgment of the Commissioners shall be found necessary and behoofull which words and meaning are satisfied in this case Henry Hubbert Nor do we want examples of greater antiquity for such new Cuts and Drayns the names of divers which to this day continue manifesting the same as 1. New-ditch alias Lents hirne in Wisebeche 2. Newdike in Buriall field in Welle 3. Newdike in Witlesey a very fair Sewer Newdraine there also xx foot wide 4. Newdrayne from Croyland to Spalding 5. Newdike alias Sandy dyke there also 6. Newdike in Neatmore in Upwell 7. New-leame there fifty foot wide 8. and New-leame in Chateriz and March Nay it is very evident that even the great Rivers themselves have for the like respects been diverted from their antient and natural Chanels For 1. The River of Ouse its outfall by Wisbeche decaying was not only cut straight but by a new River made from Littleport Chaire to Rebbech was let fall into Ouse parva or Brandon water and thence by Salters lode to Lynne Haven its former course from Littleport being by Wellenhee to Welle and so to the North Seas at Wisbeche 2. The West-water a part of Ouse magna having its course from Erith bridge to Chateriz ferry and thence to Benwick and so to March was for the crookednesse of the way conveyed by a new passage called the Leame through Chateriz Dodington and March and thence by Elme Leame to Wisbeche a course of xvi miles and so continueth all this way 3. Moreton the worthy Bishop of Ely in the time of K. H. 7. to avoid the many and crooked passages in the River of Nene between Peterburgh and the Sea by the way drowning many thousands of Acres out of the whole ground made a new River now called Morton's Leame or the New Leame xl foot wide and 4 foot or more deep viz. from Stanground steafe to Guyhirne being a course of xii miles long at the least and continuing the same through Wisbeche â— for the more speedy delivery of the waters attempted to cut through the Sea-dike to Wisbeche at Bevys-Crosse and again at Eastfields end nigh the Horshooe in Leverington which Banks were in lesse than xxx years before ordained by Commission to be maintained id
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
diked And upon Report made to the said Lords of the Council by the before-specified Sir Clement Edmunds it was ordered by their Lordships that the Earl of Arundell the Bishop of Winchester the Lord Carew Mr. Treasurer and Mr. Comptroller of his Majesties Houshold Mr. Chancellour of the Exchequer the Mr. of the Rolls and Sir Edw. Coke or any 4. of them should take consideration of the state of the business c. and prepare some opinion to be delivered to the Board of what present course might be fit to be taken therein In pursuance of which Order the said Earl of Arundell made a journey into these parts where having treaty with Sir William Ayloff Knight and Baronet Anthony Thomas Esquire and others they the said Sir William Anthony and the rest as Undertakers in this great Adventure did in consideration of the pains and costs which they were like to bestow therein make these â—ollowing Proposalls viz. 1. To have all the Kings lands drowned with fresh or salt water which should be so recovered at the free Rent of iiijd the Acre over and above all Rents or revenues then in being or coming to his Majesty 2. To have all the Prince his lands upon the like conditions 3. To have of all Subjects lands so drowned all the year two thirds to them the said Undertakers and their heirs to hold in severalty for ever 4. And of all such lands of Subjects which lay drowned half the year to have the one half to them the said Undertakers and their heirs Of which Proposalls the King liking well he did by his Letters to the said Commissioners of Sewers bearing date the 4. of September in the xvij year of his Reign signify unto them that the said Sir William and Anthony with others had undertaken to drain all the Fens in the Counties of Cambr. and Isle of Ely Norff. Suff. Linc. Northt and Hunt with the good liking of his said Majesty and his acceptance of their Propositions And recommended them and their design to the said Commissioners to the end they might be ayding to them in expediting such Contracts as they should make and to further them therein with their Authority in all lawfull things c. And on the morrow following the Lords of the Council by their Letters to the said Commissioners of Sewers signified to them that the said Undertakers did purpose to begin their work at the Sea by opening the out-falls of Nene and Weland and to make the same navigable to Spalding and Wisbeche which would take away all fear of turning the water upon any neighbour Country and draw the same into their true and natural Chanels and that whatever Commission or assistance they should desire to further this work order should be taken for the same desiring them to observe the Kings directions therein Whereupon within three dayes after the said Commissioners met at Peterborough and in a Session of Sewers then and there held forthwith ordered That in obedience to the Instructions by them received from the Kings Majesty and the Lords of his Council the Undertakers before-specified should have the free consent and approbation of that Court to proceed with their enterprise so soon as they should think meet and likewise their furtherance in such Contracts as they should make with the Lords Owners and Commoners interessed in the said Fens And moreover that further time and longer dayes should be given to them for perfecting their works in the Rivers of Ouse Nene and Weland and all the Branches of them viz. untill the first day of August then next ensuing and no advantage taken of the Penalties in the Laws formerly made for effecting the business before that time And in a Session of Sewers held at Ely the 20 and 23 of the same Month of September having received these following Propositions from the Undertakers viz. 1. That their intent was so to drayn the said Fens and grounds as that by their said works no person should receive any hurt 2. That they would from time to time maintain and scour the same so drayned 3. That they would not receive any recompence but where through their industry an increase of benefit should be raised to the Owner thereof and that after their works should be perfected 4. That if question should arise whether any benefit were received in any particular by their industry it should be decided by a sufficient and able Jury to be named by the Commissioners of the County and such Jurors so nominated and no others to be retured by the Sheriff 5. So likewise in the Isle of Ely by a Jury of that Isle 6. And that they would give such recompence to those that should receive hurt or damage by any of their said works as the Commissioners or the greater part of them should think fit 7. That at their own charge they would make provision that water should be conveyed to stay at those Towns where water had before come and stayed for Navigation and transportation and the Townships afterwards to maintain it 8. And that they would better and not hurt or impair the Navigation in the Rivers of Grant and Ouse And did therefore order and decree that the said Undertakers should have their free consent and the approbation of that Court to proceed c. and that they would assist them c. in their Contracts c. It being not the purpose of the said Undertakers to alter or change the state of any Commons but only to have such competent part thereof to be set out in severalty to them and their heirs as should content them for their work of Drayning the same and the residue of every Common to remain in the same condition to all intents and purposes as then it did And at a Session of Sewers held at S. Ives on the morrow following they decreed that the tenor of the Order made at Peterborough 8 Sept. and that present Order should be published at every Town Village c. which the premisses should concern in all the said several Counties c. before the vith of Oct. next then coming to the end that all Owners Commoners c. Interessed in any surrounded grounds within the places aforesaid might apply themselves to the said Undertakers c. for concluding their contracts c. On the 4th of October ensuing the said Undertakers sent their Letters to the Commissioners for Norfolk sitting at a Session at Ilsington excusing their not wayting on them sooner and inclosing the Copies of those Letters of the King and the Lords of the Council to them desired that the same might be communicated to their Neighbours together with their Proposalls to the end that they might be the better prepared for contracting with them As also that they might have a meeting with the said Commissioners of Norff. at Cambridge on Wednesday the xiijth of October then next ensuing and in the mean time that they would cause
Commodity 4. That no land should contribute to this charge which was then at 8s. an Acre or upwards except it lay in small quantities and intermixt with other lands so that the work could not go forward without it and then to have a moity of profit ut supra 5. That their Lordships should not intermeddle with any part of the work which was already setled agreed on 6. That the Undertakers according to their promise should begin the work within one Month after this Agreement should be concluded All which being thus setled and agreed upon the last day of May then past with the consent of both parties for ought appeared to their Lordships Forasmuch nevertheless as the Undertakers had not then entred upon the work nor made any proceeding therein the time of the year requiring expedition it was according to his Majesties pleasure and command ordered by that Board that the said Undertakers should either go on according to the Articles so agreed on at that Board or otherwise desist from that undertaking and hold the Country no longer in suspence but to leave them to such further courses as should be expedient To which purpose it was likewise ordered that Copies of those Articles and Orders should be delivered both to the Undertakers and such Gentlemen as attended that service there for the Country And afterwards viz. upon the 25th of the same Month of Iuly the King by his Letters directed to the said Commissioners published at Cambridge 18 Aug. commending the Undertakers readiness and acceptance of such mean conditions in so hazardous an enterprise required that they might have square dealing in the valuation of the Lands as they had been truly let and security for the partage of what should be alotted to them so that there might not be any just exception thereto and likewise that the said Commissioners should give them their best assistance that they might go on with cheerfullness in the work the Lords of the Council also by their Letters to the said Commissioners inciting their assistance to the said Undertakers and for their setling of the business with them according to that Agreement In pursuance whereof in a Session of Sewers held at Cambridge upon the 17th of August following it was ordered that Sir Miles Sandys Knight and Baronet Sir Edw. Peyton Knight and Baronet and several of the Commissioners of Sewers within the County of Cambridg and Isle of Ely should view and value according to the annual worth of the same being subject to the Taxes surrounding and other inconveniences which the same had born for x. years then past all the Fen grounds within the County of Cambridge and Isle of Ely beginning at Fen-Drayton on Tuesday the 22th of that instant August And that four able and sufficient men of every Parish should attend the said Commissioners there for the better informing them in the true value of those grounds And the next year following in a Session of Sewers held also at Cambridge aforesaid it was decreed that the Adventurers in recompence of their charge of Drayning this whole Level should have out of the surrounded grounds so to be drayned one hundred and twenty thousand Acres to be set out by metes and bounds and the King himself who hath been heard to say that for the honour of his Kingdome he would not any longer suffer these Countries to be abandoned to the will of the waters nor to let them lye waste and unprofitable was then pleased to declare himself the principal Undertaker But whether it was the great disturbance he had about that time and after till the end of his reign for regaining the Palatinate then violently invaded by a powerfull Army and his Daughter with her Husband and Children exposed to the wide World for a subsistence which was the impediment or what else I shall not take upon me to say Certain it is that no farther progress was made therein nor any thing else conducing thereto till the fifth year of our late Sovereign King Charles the first of blessed memory when in a Session of Sewers held at Huntendon upon the 6th of Ianuary it was decreed that a Tax of six shillings an Acre should be laid upon all the said Marish fenny waste and surrounded grounds in order to this general Drayning Notwithstanding which Decree there was no part of the said Tax paid nor any prosecution of that work Howbeit in another Session of Sewers held at King's Lynne upon the first of September the year ensuing the Commissioners then present being xlvii in number there was a contract made with Sir Cornelius Vermuden Knight a person well experienced in works of this kind for the Drayning of this Level and he for his recompence therein to have ninety five thousand Acres of the said surrounded lands But the Country being not satisfied to deal with Sir Cornelius in regard he was an Alien they intimated their dislike to the Commissioners and withall became humble Suters to Francis then Earl of Bedford who was owner of neer twenty thousand Acres about Thorney and Wittlesey of this fenny Level to undertake the work at whose request as also of the Commissioners he condescended thereto Whereupon for the better ratifying of this Agreement there was another Session of Sewers held at King's Lynne before-specified upon the xiijth of Ianuary following and by xli Commissioners then and there present a solemn Decree made reciting these particulars viz. That the work of Drayning was first propounded 19 Iac. at Cambridg at a general Session there where the then King Iames declared by his Letters that he himself would undertake it And for satisfaction of his expence the quantity of 120000. Acres was decreed to his Majesty his heirs and successors for ever But the work being neglected by him his late Majesty King Charles the first had often recommended the care to the Commissioners of Sewers and in pursuance of this gratious intimation the Commissioners at a Session holden at Huntingdon 20 Ian. 5 Caroli did lay a tax of vis the Acre upon all and every Marsh and fen grounds which tax nor any part thereof was ever paid And moreover that whereas at a Session holden at Kings Lynne 1 Sept. then last past id est 6. Caroli the Commissioners being xlvij present did contract with Sir Cornelius Vermuden that he should undertake the work at his own charge and in recompence thereof to have 90000. Acres parcell equally and indifferently to be laid out and that the said Corn. Vermuden had presented the Commissioners with a Map and design of the work which was approved of but required 95000. Acres which the Commissioners and Country were unwilling to grant or that any contract should be made with an Alien or stranger they therefore petitioned that the Earl of Bedford then present would undertake the work which the said Earl yielded unto under the Agreements and Articles here under expressed viz. 1. That he should
presently begin the same and finish it so as to make the grounds fit for Meadow Pasture or â—arable within the compass of six years from 1 Oct. following unless the Commissioners should approve the cause of deferring it any longer 2. That suddain overflowings in places remote from the Out-falls should not be adjudged a not Drayning nor Meers Lakes Pooles and Forelands left by Art and Approbation for Receptacles Nor any part of the ground out of which he was to have his proportion 3. That there should be 95000. Acres set out by six Commissioners respect being had to Commoners accommodations before Michaelmass then next following 4. That the Earl and his associates might be incorporated for ever to make Laws Ordinances and Orders and to have power over the lands assigned but no other towards the maintaining of the works 5. That the whole 95000. Acres should be lyable to the first finishing of the work and 40000. towards the maintaining and the 40000. to be subject in case of neglect to the Commissioners of Sewers 6. That when 30000. Acres should be finished the Earl to have his proportion out of it 7. That the private Indikes for partition be made by advice of the Earl and by direction of the Commissioners 8. That the Commissioners shall set out convenient High-wayes and passages by land throughout the Levell 9. Provided that the Port and Haven of Kings Lynne be preserved and the Navigation Passage and High-wayes in upon or about all the Navigable Rivers namely Ouse Grant Neene Welland and Glene to be preserved and no prejudice annoyance hurt or hindrance to be done to them And if any such prejudice annoyance hurt or hindrance upon complaint thereof and of the Commissioners whereof the Vice-Chancellour of the University of Cambridge ....... shall be 3. if they will be present to return abate ....... and amove all such prejudice annoyance c. so that the antient Navigation passages and High-wayes may be preserved 10. For the safety of Holland and Hundred of Wisbeche Clows Crosse Drayn to be kept within soyl or Banks and in case of any prejudice then six Commissioners to reform the excesses and the Earl to make recompence 11. That the new Rivers Cutts and Dreyns the Banks Forelands and inside of the Banks not exceeding 50. or 60. foot to be the Earles paying such recompence as the Commissioners should think fit the old ones to remain as they were 12. No passages upon the Banks but for the towing of Boats 13. That the Earl might take Earth dig Drayns and Cutts upon the lands next adjoyning making recompence 14. That the Commissioners should assist the Earl to suppress ryots insolencies and disturbances 15. Such as should receive benefit by the work and yet no parties to it if their land be taken within the allotment of the 95000. Acres to pay to the Earl as the Commissioners shall assess upon pain to forfeit double 16. That the Earl might hold the 95000. Acres in free socage at xl per annum fee ferm and if any other Rents be issuing that pay be charged upon other lands 17. That the King should release any benefit which by the Law of Sewers made 19. Iac. or by any other law might accrue to him and approve of this Law and that it may be confirmed by Decree in Chancery and Council of State and by Act of the next Parliament 18. That 12000 of the 95000 acres be assured to the King for his Royal assent and laid out upon the lands belonging to the Manour of Whittlesey and the Marshes there adjoyning 19. And that for allotments out of small parcels lesse than 30 Acres there the Earl to divide and accept what 6 Commissioners should assess These things being thus setled the said Earl taking in divers Adventurers as Participants with him therein they cast the whole so allowed for their recompence into twenty parts or lots each lot consisting of four thousand Acres whereof himself was to have three shares or lots Oliver Earl of Bullingbroke one Edward Lord Gorges one Sir Robert Heath Knight one Sir Miles Sandys Knight and Baronet two Sir William Russel Knight and Baronet two Sir Robert Bevyll Knight one Sir Thomas Terringham Knight two Sir Philibert Vernat one William Sams Doctor of Law one Anthony Hamond Esquire two Samuel Spalding Gent. one Andrew Burwell Gent. one and Sir Robert Lovet Knight one And thereupon he the said Earl and those his Participants did by Indenture of fourteen parts covenant with each other that if any one of them or their assignees after notice should fail in the payment of such moneys as from time to time should be imposed on them in pursuance of that agreement for carrying on the said work that then it should be lawfull to and for the rest of the said parties or their assignes to supply the same or to admit some other person or persons to have the share of such defalture paying the sum imposed on the said share and that all such parties as aforesaid by himself or his assignes so failing should be wholly excluded and for ever debarred from demanding or receiving all or any such sum or sums of money as any such person or persons had formerly disbursed for and towards the said undertaking VVhich agreement so made the said Earl and his Participants or such unto whom several proportions of those lots or shares were by them assigned began the work and in order to the carrying off the superfluous water wherewith the Level was so much annoyed caused these several Chanels to be made viz. 1. Bedford River extending from Erith to Salters lode Lxx foot wide and xxi miles in length this being intended for taking off the high flouds from the River of Ouse having at each end thereof a Sluse of great strength 2. Sam 's Cut from Feltwell to Ouse being about six miles in length and twenty foot in bredth 3. A Cut to drain the River of Mildenhall in Burntfen neer Litleport two miles long and fourty foot wide 4. Bevill's Leame being a Cut from Witlesey meer to Guyhirne about ten miles in length and xl foot in bredth 5. Morton's Leame before-mentioned new made 6. Peakirk Drayn ten miles in length and 17 foot in bredth 7. New South Ea from Crowland to Clows crosse 8. Hill's Cut neer Peterborough about two miles in length and 50 foot in bredth 9. Shire Drayne from Clows crosse to Tyd and so unto the Sea Moreover besides these Cuts and Drayns he caused two Sluses to be made at Tyd upon Shire Drayne to keep out the Tides as also a Clow at Clows Crosse for the fresh water And likewise a great Sasse on Welle Creeke with a Stone Sluse at Salters lode upon Bedford River to keep out the Tides and Sluses at Erith for the fresh But above all that great Stone Sluse below Wisbeche at the Horshoo to hold the Tides out of Morton's Leame which cost about eight thousand pounds And to the end they
might the better accomplish this so great an undertataking as also maintain and preserve the works after they should be compleated the said Francis Earl of Bedford and his Participants did in the x year of the said Kings reign obtain Lettees Patents of Incorporation bearing date 13 Martii whereby the said King making some recital of the before-specified Laws of Sewers made at King's Lynne 13 Ian. 6 Car. with his royal assent thereunto did incorporate him the said Earl and certain other persons viz. Oliver Earl of Bullingbroke Henry Lord Maltrevers Edward Lord Gorges Sir Francis Crane Knight Chancellor of the most noble Order of the Garter Sir Miles Sandis Knight and Baronet Sir Thomes Teringham Knight Sir Robert Lovell Knight Sir Filbert Vernat Knight Sir Miles Sandis Knight William Sams Doctor of Law Oliver S. Iohn Esquire Anthony Hamond Esquire and Samuell Spalding Gentleman into a Body politick to be Guardians and Conservers of the Fen lands in the Counties of Cambridge Huntington Northampton Lincolne Norfolke Suffolke and Isle of Ely by the name of a Governour Deputy Governour two Bayliffs and Commonalty of the Society aforesaid and that they and others to be elected into that Fellowship to have a perpetual succession by those Names and Titles with power to purchase lands plead and be impleaded and to have a common Seal And moreover that out of this their Society be yearly chosen upon the xxix of September one who shall bear the name of Governour another to be Deputy Governour and two others to be Bayliffs of the same Society to continue for one compleat year each of the said Commonalty having of Inheritance five hundred Acres at the least in the said Fen lands That upon Death or Removal the Survivors to elect others in their rooms And that six shall have power to make Laws for the publick benefit of the Society whereof the Governour or Deputy Governour to be one Also that the Governour Deputy Governour and Bayliffs shall make Oath for the due execution of their Offices so likewise their Servants and Ministers By this Charter of Incorporation the said Governor Bayliffs and Commonalty of this Society and their Successors are likewise constituted Guardians of all the Waters Rivers and Fens within the Precincts aforesaid with power to seise and take all Nets and other Engines made and used therein for destroying of Fish contrary to the Laws and Customes of this Realm And they be thereby impowred to enquire by Oath of all Trespasses and Offences committed contrary to the Laws and Customes of the Kingdom and to punish the Offenders by Fines and Amerciaments which Fines and Amerciaments to be levied by their Officers and to be to the use and benefit of the Society without any Estreits thereof made into the Exchequer Likewise to build Churches or Chapels and make Church-yards in such fitting places of the said Fens as they shall judge meet and to cause them to be consecrated by the Bishop And to take reasonable Tolls of all Carriages and Commodities at such Bridges as they shall erect and maintain So also for laded Boats passing under the same Bridges And lastly to Register all conveyances of these their lands within three months after the making thereof in certain Books to be kept for that purpose by the said Governour and Bayliffs All which being accomplisht about three years after in a Session of Sewers held at Peterborough xii Oct. 13 Car. the whole Levell was adjudged drayned and the ninety five thousand Acres were set out by six or more of the said Commissioners by metes and bounds unto the said Francis late Earl of Bedford his Heirs and Assignes the charge of these works to the said Earl and his Participants having been no lesse than an Hundred thousand pounds But notwithstanding this great expence it was at length evidently discerned that though the lands were very much improved by those works yet were they subject to Inundation especially in the Winter season and therefore in a Session of Sewers held at Huntendon 12 Aprilis the year ensuing the said Earl of Bedford's undertaking was adjudged defective And on the xxiii of May following in another Session held at Wisbeche the particular defects therein being considered by the Commissioners there was a new Tax of xv s. the Acre imposed by them but upon Dâ—ping fâ—n xxx s. the Acre Waldersey and Coldham xx s. the Acre Needham fen vis viijd the Acre For the Marshes within the precincts of Walton Wallokne and Walpole in the County of Norfolke Tyd S. Maries Sutton in Holand Lutton Gedney Fleâ—te Holbeche Ouaplode Moulton and Weston in the County of Lincolne Wisbeche Leverington Newton and Tyd S. Giles in the County of Cambridge xls. the Acre Marshland â—en xxs. the Acre and other the Fens and low grounds in Marshland x s. the Acre The Common and several Fen-grounds lying within the North side oâ— Wisebeche between South Ea bank Wisebeche River the old Sea-bank and the Shire drayn viz. the Common Fen-grounds lying in Neuton and Tyd within the said North side of Wisebeche xx s. the Acre and the several Fen-grounds in Neuton and Tyd aforesaid x s. the Acre and the rest of the Common Fen-grounds lying within the North side of Wisebeche vi s. viij d. the Acre The Common and several Fen-grounds in Holand in the County of Lincolne viz. the Common at xx s. the Acre and the several at x s. And it was then decreed that the said Tax should be paid in to the Treasurers appointed to receive the same before the xviijth of Iuly then next ensuing that present Session to the end that it might be speedily imployed in the work that so the said Fens might by sufficient Drayning be made aswell Winter-grounds as Summer-grounds in all the parts thereof saving convenient Forelands and Receptacles for Winter flouds Hereupon his late Majesty King Charles the first of blessed memory taking this great business into his Princely consideration and foreseeing that these lands being a continent of about four hundred thousand Acres in case they were made Winter-grounds would be an extraordinary benefit to the Common-wealth viz. of six hundred thousand pounds per annum value as also a great and certain revenue to all parties interessed And likewise because the Owners who were very many could not agree to do so great a work one being willing and another not one able to contribute another not was therefore pleased to undertake the making of those lands Winter-ground at his own charge whereby the said four hundred thousand Acres might be profitable firm and good And for the better performance thereof did command divers Gentlemen expert in such adventures to give their advice how these lands might be recovered in such manner as that they might be made Winter-grounds to the end the said work might be compleated Amongst which the before-specified Sir Cornelius Vermuden was one who after view taken thereof returned their
opinions all concluding it fesible but differing much in the way to accomplish the same To give instance of the various conceipts of such whom his said Majesty imployed to inform him therein it will be needless howbeit of those that exhibited by the said Sir Cornelius Vermuden a person of greater experience in Drayning than most others were was not the least considerable and therefore it being published in Print I shall refer my Reader thereto But such speed there was made in the farther prosecution of this great and noble adventure that at a general Session of Sewers held at Huntendon on the xviijth day of Iuly then next ensuing the said King himself was declared the Undertaker and to have not only those ninety five thousand Acres which had been formerly set out for the said Earl but also fifty seven thousand Acres more from the Country his design being as by the Decree then made at Huntendon appeareth to make the said Fens as well Winter-grounds as Summer-grounds as hath before been expressed viz. out of Deping Pinchbeck Spalding South fen and Croyland fen alias Gogsland fen twelve thousand Acres And out of the rest of the lands out of which the ninety five thousand Acres had been formerly assigned to and for the said Earl of Bedford and his participants First the number of twelve thousand Acres parcell of the said ninety five thousand which twelve thousand were then in the possession of his said Majesty his Fermours or under-tenants And the quantity of one hundred and fourty thousand Acres more whereof eighty three thousand residue of the said ninety five thousand to be taken in part and fifty seaven thousand in full of the said hundred and fourty thousand Acres to be indifferently taken and set out of the residue of the said Fens where or out of which the said ninety five thousand Acres were so decreed or assigned to the said Earl of Bedford viz. out of such of the said Fens as do lye on the North-West side of the said new River called Bedford River 29 thousand Acres in part of the said 57 thousand Acres And out of those on the South-East side of the said new River 28 thousand Acres in full for the said 57 thousand Acres And for the drayning of the said Common and several low grounds lying in Holand Com. Linc. within the River Weland Porson banke the South Ea banke the Shire drayne and the several high Marshes and grounds of the Towns or Parishes of Tyd S. Maries Sutton Lutton Gedney Flete Holbeche Quaplode Moulton Weston and Spalding 19 thousand eight hundred 33 Acres And for drayning the Common and several Fen-grounds lying between the South Ea banke Wisbeche River the old Sea-bank and the Shire drayne in Wisbeche Leverington Newton S. Giles Tyd S. Maries and Porson drove the quantity of 4000. Acres And for Drayning the Common Fen-grounds of the Towns of Marshland called Marshland fen containing by estimation 4000 Acres the quantity of two third parts divided into three And for drayning the Marsh lands lying open to the Sea in or neer Walton Walsoken and Walpole in com Norff. between the old Sea bank of Marshland and the old course of Wisbeche River containing by estimation 3000 Acres and of the Marsh lands and Marsh grounds lying in or neer Wisbeche Leverington Neuton and Tid S. Giles in com Cantab. and the course of Wisbeche River and the Shire Drayne there together with one piece thereof lately imbanked next the said Shire Drayne containing by estimation 1000 Acres and of the Marshes c. lying in or neer Tid S. Maries Sutton in Holand Lutton Gedney Flete Holbeche Quaplode Moulton and Weston in com Linc. between the Marsh-grounds there formerly imbanked and the Sea extending along the Sea coast there containing by estimation 5000 Acres the quantity of two full third parts And for Drayning of Stretham meere and the Meer-grounds thereof containing by estimation 300 Acres the one half thereof or of so much thereof as shall be drayned And for the drayning of the rest of the Meers Meer-grounds Lakes and Pools the quantity of 3 fourth parts of them or so much of them as shall be drayned divided equally into four parts And that though the said Earl of Bedford had not performed his undertaking he should in recompence of his great charge in those Rivers Cuts and Drayns by him and his Participants made have 40 thousand Acres to be assigned him out of the before-mentioned 83 thousand Acres residue of the said proportion of 95 thousand Acres assigned to the said Earl as aforesaid About three dayes following for it was upon the xxith of the same Month of Iuly the said Commissioners still fitting at Huntendon dispatcht away Letters of that date to the Lords of the Council concerning their transactions then in hand the tenor whereof were as followeth Touching the Great Levell we have received many and several complaints from divers Townships therein that their lands are taken from them and they have received no benefit by the Drayning upon hearring whereof and of the proofes by them made and declaration of divers Commissioners in Court we find many of them true and according to his Majesties Instructions to some of us his Commissioners we have made an Order to permit them to take the profits of their lands and Common of pasture untill the Drayning be adjudged so as they shall not pull down or deface any Mounds Fences or Drayning without due proof made and a special Order of the Court in that behalf wherein the Country have received and expressed a great deal of contentment and satisfaction We have also two several dayes heard Mr. Holborne and Mr. St. John being of Councel with the Earl of Bedford and his participants in the great Level and they have taken divers exceptions and argued at large against the Laws of Tax and proceedings upon this Commission and their main Objections tended to destroy not only these Taxes Decrees and proceedings of this kind And the same reasons if admitted would plainly overthrow all the Presentments Taxes Decrees and Proceedings for the Earl of Bedford and his participants We are now taking into consideration the force and weight of what hath been alleged and shall therein give a just and speedy resolution and with all care and diligence proceed to the further execution of this Commission and setling of this great work I have not seen any direct Answer made by the said Lords unto this Letter but on the xxiijth of the same Month there was a Letter dated at Theobalds the Court being then there from William Lord Bishop of London and sent to the said Commissioners in answer to a Letter of theirs to him dated the xxith the tenor whereof for so much as relates to this great Level I have here likewise inserted And because his Majesty intends to see this great work of the Level prosecuted according to his first Princely design being for the Countries good and his
at least which was a very great work 2. The Middle Levell also they defended from Peterborough water by a large Bank made from Peterborough to Wisebeche this being raised upon the foundation of that which the King begun excepting a little turn in Waldersey Bank From the River Ouse they likewise defended it by a great Bank extending from Erith to Salters lode on the North VVest side of Bedford River and made another new River parallel to the said Bedford river from Erith to Salters lode aforesaid containing an hundred foot in bredth and imbanked it with Banks on borh sides of threescore foot wide at the bottom ten at the top and eight foot in height The other new Drayns which he and his Participants made or repaired within this Levell being these viz. Uermudens Ea Hamonds Ea Stony Draine Nene old Chanel Pophams Ea Marshland Cut Moores Drayne Witlesey Dikes and some other small ones And the Sluses those at Salters lode Pophams Ea and Marshland Cutts 3. For scouâ—ing the South Levell from the overflowings of Ouse they raised also a great Bank from Over to Salters lode The lesser Rivers viz. of Grant Mildenhall Brandon and Stoke being defended by smaller Banks From Salters lode to Stow bridge they likewise caused a large River of one hundred and twenty foot wide and ten foot deep to be cut for the more speedy conveying away of the waters which River is now called Downham Ea As also two great Sasses at Salters lode for the passage of Boats and other great Vessels with three Sluses at the end of Downham Ea And divers small Drayns viz. Grunty fen Drayn the In-Drayn to the Bank of the Hundred foot River Reach lode and many others So that having accomplisht the whole work within the compass of five years the said Level was by a Decree of Sewers made at Ely on the 25th of March Anno 1653. adjudged to be fully drayned Whereupon the said Earl and his Participants had possession of those ninety five thousand Acres awarded to them CHAP. LV. Lindsey Levell Extending from Bourne to Lincolne OF this though I might have not incongruously discourst under my title of Kesteven and Holand yet forasmuch as 't is in truth a part of the great Levell before-mentioned however not so now taken notice of in Common reputation I have thought it more proper to speak of it here The first general attempt towards the Drayning of this part of the Country whereof I have taken notice was upon a complaint of the Inhabitants at a Session of Sewers held at Sempringham in the 8 year of the late Queen Elizabeth's Reign the Earl of Lincolne high Admiral of England with several other persons of quality being then Commissioners Whereupon a general Tax was laid for repairing and enlarging the Drayns and Sewers to carry off the waters which then annoyed these parts But little was done to any purpose herein as it seems for it appears that at another Session of Sewers held at Swinstede in the 17 year of that Queens Reign the Country complained that they were drowned more than formerly so that the Commissioners then decreeed that those Drayns which the Duke of Suffolke and others had ordained to be begun about the latter end of King Henry the 8 time as also some others should forthwith be set upon and laid a Tax accordingly But no payment of that Tax being made the work proceeded not Nor was there any farther considerable attempt therein whereof I have heard till the 5 year of the late King Charles of blessed memory that Sir Anthony Ireby Knight Sergeant Callice and other Commissioners finding all former essays fruitless by reason that the Inhabitants would never pay the Taxes and that the lands being surrounded had no Cattel upon them for distress and considering that the King as 't is observable in all the Statutes of Sewers was to give direction in works of this nature they did by their Letters represent to his Majesty the necessity of Drayning these lands and the Commodity which might accrue thereby humbly beseeching him to recommend some person of Honour to contract with them as Undertaker for performance of that work The King therefore understanding their design to be for the Drayning of all the surrounded Fens on the North side of the River of Glen in this County of Lincolne referred the view of those lying on both sides the Rivers of Fosse and Wythom from beyond the City of Lincolne to Kyme Ea unto Sir Henry Vane Knight Sir Robert Carr Baronet and others who in order to that good work did in a Session of Sewers held at Sleford 26 Febr. 8 Car. where were also present and Commissioners Robert Earl of Lindsey Theophilus Earl of Lincolne the Lord Willoughby Sir Henry Fines and others lay a Tax of xiij s. iiij d. the Acre for the scouring and clensing of the said Rivers and all Gotes and Drayns c. within those precincts to be imposed upon all the Landholders in the said low grounds and to be paid before the ix of April then next following And for the better furthering and compleating thereof the said Commissioners meeting again at Boston upon the second of March then next ensuing reciting their Decree so made at Sleford did extend their said Tax of xiijs iiijd the Acre to the other parts of that Level Nevertheless little was done therein as it seems till about three years afterwards but then the said King by his Letters Patents bearing date at Westminster 2 Aprilis in the xi year of his Reign directed unto George Earl of Rutland and others Commissioners of Sewers for the said Level recommended unto them Robert Earl of Lindsey Lord high Chamberlain of England a person of very great honour to be the sole Undertaker for the drayning of the whole Whereupon the said Commissioners at another Session of Sewers held at Sleford upon the second of Iune then next following proceeded to a treaty with his Lordship for that purpose and agreed with him to accept of twenty four thousand Acres in recompence of his chardges therein which was then accordingly decreed the work being to be perfected within the space of six years next ensuing the feast of St. Michael th'archangel then following And after this viz. in a Session of Sewers held at Boston the 29. of March the next year ensuing recitall being made of that Decree made at Sleford whereby the said Earl of Lindsey for the considerations therein expressed was to have those twenty four thousand Acres of land to be indifferently allotted out of the several Fens c. to enjoy to himself and his heirs for ever viz. as soon as ten thousand Acres or more should be drayned to have his portion thereof forthwith assigned As also the like recitall that upon consideration of the same Decree and other former preceding Decrees and Ordinances made at a â—ession of Sewers held at
Swinshed upon the xi of August then last past upon full debate and consideration of the former Decrees and consideration of a true and perfect scedule of all the Fens c. comprised in a Decree of Tax bearing date at Boston upon the second of March in the eighth year of the said King Charles from Kyme Ea South-wards aswell within the parts of Kesteven as Holand to the River of Glen being part of the said Level mentioned in that Decree made at Sleford c. it did at that time appear to the said Commissioners and then to those present Commissioners at Boston that that part of the Level amounted to thirty six thousand Acres or thereabouts And recitall being likewise made that whereas at the said Session of Swineshed it was proposed that the severals within the said Level lying from Kyme Ea to the River of Glen might not contribute any part of land to the making up of the said quantity of fourteen thousand Acres but that the whole proportion should be taken out of the Fens and Commons And in a Session of Sewers held at Bourne upon the xith of August the next year following there was a speciall assignation in what particular place in each of the Fens before-specified the quantities so decreed as aforesaid should be set out and a certain mistake concerning Poynton fen rectified Which said several Decrees viz. that at Sleford 2 Iunii 11 Caroli that at Boston 29 Martii 12 Car. and this at Bourne 11 Aug. 13 Car. were afterwards in a Session of Sewers held at Sleford 25 Sept. 14 Car. ratified and confirmed And in another Session held likewise at Sleford upon the xiiijth of March then next ensuing the Commissioners receiving information by the said Earl that he had then effectually drayned all the lands between the River of Glen and Kyme Ea containing more than thirty five thousand Acres and taking view of them with all the Sluses Banks Sewers c. therein did so adjudge thereof and that he had made a full performance of his said undertaking And lastly in another Session held at Sleford also upon the 14 of Iune next following reciting and confirming all the former Decrees And that whereas but three thousand Acres were by the said Law of Sleford made 2 Iunii 11 Caroli decreed for the perpetual maintenance of the works within the said whole Level and that the said Earl had nevertheless at the instance of the Commissioners condescended to ty the said fourteen thâ—usand Acres for the perpetual maintenance of the said works made between the River of Glene and Kyme Ea over and above the Rent of iiijd the Acre thereupon reserved to be paid out of the said fourteen thousand Acres in case the said iiijd. the Acre should not be sufficient they decreed and ratified the same accordingly After which the said Earl and his Participants having been at no less than fourty five thousand pounds charge therein did inclose build inhabit plant plow sow and reap two years without disturbance but the third year divers clamorous Petitions were exhibited to the Parliament then sitting by the Country people Whereupon after examination of Witnesses Orders were granted from both Houses to quiet the possession of the said Earl and his Participants and to secure their Crops then upon the land Nevertheless the Petitioners in contempt of all entred and destroyed the Drains and buildings as also the Crops then ready to be reapt to a very great value and have ever since held the possession to the great decay and ruine of those costly works and exceeding discommodity to all that part of the Country CHAP. LVI The East and West Fenns NOrthwards of this Fenny part of the Country called Lindsey Levell are divers other Marshes lying towards Waynflete the greatest whereof are called by the name of the East and West Fenns Upon a Writ of Ad quod Dampnum in 41 Eliz. concerning the Drayning of these Fens it appears that the East fen lying betwixt the parts of Holand and Lindsey was found to contain five thousand Acres or thereabouts and that the one half thereof being the Skirt Hills and Out-rings might conveniently be drayned but the other half consisting of deeps for the most part could not be recovered and moreover that the Commons and Severals pertaining to the Towns confining on the said Fen did then amount to the number of three thousand and four hundred Acres or thereabouts all which were at that time surrounded Whether any thing was done at that time towards the drayning of those Fens I am not able to say but in 6 Caroli 15 Maii there was a Decree made in a Session of Sewers held at Boston by Robert Earl of Lindsey Lord great Chamberlain of England Edward Earl of Dorset Lord Chamberlain to the Queen Iohn Shorey Mayor of Boston Sir Robert Killegrew Vice-Chamberlain to the Queen Sir Robert Bell Sir Iohn Browne Knights Robert Callice Serjeant at Law and others which Decree makes this following recital viz. that there was a Law of Sewers made at Boston 7 9 Apr. then last past by the said Sir Robert Bell and others whereby it appeared that the grounds hereafter named were overflowed with fresh waters viz. Dockdike hurne from Armitage Causey and Howbriggs East to the River of Witham VVest and from the said River of Wytham South to Hawthorne North from the East end of Hundell house grounds and so along by Raydyke to the North side of Moorhouse grounds from thence by Marcham Revesby East Kirkby and Hagnaby to Hagnaby gate from thence along by Bar loade banck and the West end of Stickney Severals to Stickney Graunge From thence on the North side of Westhouse grounds along to Blacksyke from thence on the North side of Medlam to Gamock stake from thence directly to the East end of Hundel house grounds from Stickney graunge Southwards on the VVest side of the severals of Stickney and Nordyke gate East to Nordyke stream South and the West fenne VVest wherein is included Westhouse grounds the low grounds belonging to Stickney grange and Thornedales from Norlands lane along between Sibsey severals aâ—d the new Drayn to Hale Causey from thence along to the Shottells And that all these grounds as also the grounds mentioned in a Verdict heretofore given up at a SessioÌ„ of Sewers held at Boston aforesaid 16 Ian. An. 1629. viz. the East fenne extending in length from the severals of Wainflet on the East to the severals of Stickney on the VVest and in bredth from the severals of Waynflet Friskeney Wrangle Leake and Stickney on the South and the severals of Stichford Keales Toynton Halton Stâ—ping and Thorpe on the North were for the most part surrounded grounds And likewise that certain severals and Commons of divers Lords and Owners belonging to Waynflet and Friskeney lying between a bank called Fen-dyke bank on the East and East fen on the VVest and abutting
on the old Drayn called Symon gote towards the South and upon Thorpe-Dales towards the North and certain severals of divers Lords and Owners belonging to Wrangle lying between the said old Drayn called Symon gote on the East and Leake severals on the VVest and abutting upon Lade bank towards the North and upon the old Fendike bank towards the South were surrounded grounds most part of the year And moreover that the several grounds and Commons of divers Lords and Owners belonging to Leake lying betwixt the East fen on the North and the out-weare Bank on the South and abutting upon Wrangle severals towards the East and upon Sibsey wearbank and Stikney Wydalls towards the VVest and the severals of divers Lords and Owners of grounds belonging to Stickney Wydalls lying betwixt the East fen of the East and North and abutting upon Ualentine dyke towards the VVest and upon a Drayn leading to Nordyke brigge towards the South were surrounded grounds in the winter time And lastly that the severals of certain Lords and Owners of grounds belonging to Toyntons next Spillesby called the Demesns lying between the East fen on the South and a certain Meadow called the East fen on the North and abutting upon a Drayn called Toynton beck towards the East and upon Hare hills towards the VVest were surrounded grounds also for the winter season And that it was therefore decreed that for towards the natural outfall of Wainflet Haven Black gote Symons gote Mandfoster gote New gote and Amton gote and all or part of the same as also any other antient Drayns as the Undertakers should think or find most necessary to be used should be enlarged and made deeper as need should require with all other necessary works for drayning of the said grounds within the extent of the several recited Commissions of Sewers bearing date as above is expressed And that every Acre of Land and Common mentioned in the said Verdict and exprest upon the said view within the extent of the said Commissions to be overflown with fresh waters which might receive benefit by the said Drayning should be taxed and charged with the sum of xs. the Acre to be paid at or before the xiiij day of May then next coming unto William Locton and Gervase Scroope Esquires or to any one of them The said Tax being set upon the said lands and Commons to the end that if it should not be paid the Commissioners of Sewers might be legally authorised to make bargain for land with Sir Anthony Thomas Knight and the rest of the Undertakers And the said Tax to remain in the hands under the Locks and Keys of two of the said parties named and two of the same Undertakers the sum being first certainly known to the said Undertakers by authority of the Court to be ratably paid over to the said Sir Anthony Thomas and the rest of the Undertakers to be nominated by him their Heirs and Assigns after the said Drayning should be done wholly or in part proportionable And in default of such payment of the sums of xs. so assessed upon every Acre as abovesaid the said Court at a general Session of Sewers of six Commissioners whereof three to be of the Quorum should set forth decree and establish such proportion and portions of the said ground for which the sums aforesaid were not paid unto the Undertakers their Heirs and Assigns in recompence of the said Drayning And it was also farther ordered by authority of that Court that process should be awarded per Curiam to the Shireeve of the County of Lincolne or his Deputy requiring them to give Summons and knowledge by way of Proclamation in all the Market Towns and fitting places for those parts and within the extent of the said Commissions that all Lords Owners Commoners and parties interessed in any of the grounds aforesaid might take and have notice thereof and that they should not fail to make return of the said Process at the several Sessions of Sewers to be holden for those parts at Boston aforesaid the xvth of May then next upon xll. penalty VVhich said Decree the said Robert Earl of Lindsey and other the Commissioners of Sewers before-specified did ratifie and confirm And forasmuch as it appeared to them that no part of the Tax so assessed as aforesaid was paid in unto the said Gervase Scroope and William Locton they proceeded in the execution of the said former Decree according to the true intent and meaning thereof and according to his Majesties directions formerly signified by his royal Letters And therefore being credibly informed that for the effecting of the said works of Drayning of those surrounded grounds one great and navigable stream and River ought to be cast from out of the said East fenn and grounds and so leading from thence by the space of three miles or thereabouts unto the Haven of Boston aforesaid and that one or more very large Gotes of stone and timber and other materials requisite for the effecting of so great a work ought of necessity to be built at the Haven side and that many other petty sewers gutters and streams should also be cast to have their courses to the said main River and many Bridges built over the said streams and other matters done c. at the only costs c. of Sir Anthony Thomas Knight Iohn Worsop Esquire Henry Briggs Master of Arts and Hildebrand Pruson whom the said Court did order to perform all those things within the space of four years from the Feast of St. Michael the Arch Angel then next coming which said Sir Anthony Iohn c. were thereupon appointed Undertakers of the said works accordingly it being also decreed that in consideration of such their performance they their heirs and assigns should have the one half of the said East fenn as also a third part in three parts to be divided of all the said severals which ly in or adjoyning to and upon the said East fenn and moreover that he the said Sir Anthony and the rest of his fellow undertakers for the considerations aforesaid should have a full fourth part in four parts to be divided of all the said surrounded grounds lying in the West fenne and in the said severals thereto adjoyning butted and bounded as aforesaid to have and enjoy in several after the said Drayning should be sufficiently compleated All which parts to be set forth by six or more of the Commissioners of Sewers presently after the said Drayning should be finished as aforesaid in the most fit and convenient places of the said grounds whereby the Owners and Commoners of the other parts might hold and enjoy their several and respective interests with the least prejudice and to and for their best advantage And the said Commissioners did also decree that from and after the perfecting of this work of Drayning the said Lands so assigned to the before-specified Sir Anthony Thomas and the rest of the Undertakers and their heirs should be
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