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
said course of that water when need required to make their Ordinances and Laws for preservation of the said Marshes so that alwayes on both parts of that Water-course they should abide by the Ordinances and considerations of the said Iurats as to the prejudice or more safeguard of any mans land notwithstanding any custome whatsoever Saving alwayes the tenour of the King's Charter granted to the Commonality of Romney Marsh and the Ordinance of Henry de Bathe ever to remain in full power and strength Not long after this there hapned certain differences beâ—wixt the Master of the Hospital called God's house in Dover and certain of his Tenants within the Mannours of Hunychilde and Estbrigge in Romenale marsh touching some Banks and Water-gangs upon the Sea coast which the said Master alledged that his said Tenants for the antient demesnes belonging to him in those Mannours as often as need required should at their proper costs repair and maintain against the violence of the Sea and inundations of the Fresh waters For the hearing and determining of which controversies according to the Law and Custome of the said Marsh Iohn de Lovet Robert de Septvaus Master Thomas de Gudinton and Henry de Appletrefeld were by the King assigned Whereupon the parties so at difference weighing all circumstances touching the same put themselves upon the Inquisition of the Country But the taking thereof in regard that the said Master refused that any persons residing in the said Marsh should be admitted thereof and the said Tenants not being content with any Foreiners was delaid to the great damage of those parts as by complaint the King was informed To put therefore a speedy end to the businesse the said King by his Letters Patents dated at Tydeswell xxiiij Sept. constituted Stephan de Pencestre then Constable of Dover-Castle Henry de Appletrefeld and Bertram de Tancrey his Justices for to make farther enquiry thereof But what was done therein I have not seen About four years afterwards the said King Edward the first taking great care for the defence and preservation of this Marsh by his Letters patents bearing date at Westminster xx April in the xviijth year of his reign wherein he hath this observable expression viz. quod cum nos ratione dignitatis regiae per juramentum astricti sumus ad providendum salvationi Regni nostri circumquaque i. e. in respect of his royal dignity and that he was obliged by Oath to provide for the safeguard of his Kingdome round about assigned H. de Apeldrefeld and Bertram de Tancrey to oversee the Banks and Ditches upon the Sea coasts and parts adjacent in the County of Kent which by reason of the roughnesse of the Sea were in many places broken and to enquire through whose default that damage had hapned As also of all those that held lands and tenements in those parts and had or might have safeguard and defence any manner of way by the said Banks and Ditches and to distrain them for the quantity of their said Lands or number of Acres or Carucates according to the portion that they held together with the Bayliffs of Liberties and others of those parts for the repair of the said Banks and Ditches in necessary places as often and where there should be need so that no Land-holder rich or poor of what estate dignity or condition soever he was in case he had defence and preservation any manner of way by the same Banks of Ditches were he within Liberties or without should have favour in any kind Commanding them moreover that in the execution of that businesse they should behave themselves with such fidelity and discretion that aswell the Inhabitants of those places as their lands might be preserved from the like perils and casually worse any Custome through favour by whomsoever it had been introduced notwithstanding And what they should do and ordain therein to certifie the said King thereof under their Seals and the Seals of xxiiij aswell Knights as other honest and lawful men distinctly and plainly And for their better accomplishment of that businesse directed his Precept to the Shireeve of Kent appointing him that at certain dayes and places of which he was to give them notice he should cause to come before the same King's Justices such and so many honest and lawful men of his Bayliwick by whom the truth in the premisses might be the better known and enquired into By virtue also of which Mandate the said Shireeve had command to bring before the said Justices at that time the xxiiij Jurats of Romene Marsh and all the Lords of the Towns therein and such and so many honest and lawful men of all of the maritime parts in his Bayliwick by whom the truth in the premisses might likewise be the better known and enquired of and to do farther what should be ordained in the premisses Which Commissioners came accordingly as also the said xxiiij Jurats together with the Commonality of this Marsh and alleged that K. Henry the Father of the said King Edward by his Charter granted to them certain Liberties in their Lands within the same Marsh and required that those their Liberties might be preserved and nothing accepted or ordained in prejudice of them producing the Charter of the said King Henry in which was recorded the Ordinance of Henry de Bathe And farther declared their approbation of the said Ordinance with the additions thereto in such manner and form as they had before done in the xvith year of this King's reign before Iohn de Lovetot and the said Henry de Apeldrefeld then the Kings Justices as I have at large already shewed whereunto for avoiding repetition I refer my Reader Adding moreover by common agreement to those wholsome Ordinances these ensuing Constitutions viz. 1. That through all other maritime places in the said County lyable to the danger of the Sea the River of Thames or any other water wherein the Marsh Law had not formerly been established and used and that divers perils through defect of Banks and Water-gangs had there hapned Lest therefore for the future the like or worse might accrue 2. That in every Hundred and Town aswell by the Sea coast as bordering on the Thames and other waters in which the Marsh lands are subject to inundation there be chosen and sworn xij or six lawful men according to the largeness of the Hundreds or Towns who have lands in danger of the Sea the Thames other waters Which men to be assigned keepers of the Banks and Water-gangs in the Hundreds Towns aforesaid who upon their Oath shall keep safe the saidâ— Banks and Water-gangs and when and as often as need requireth repair them As also shall in respect of the raging of the Sea raise the said Banks higher by four foot at the least than formerly they were and make them of thickness answerable to that height 3. For the reparation of which Banks and Water-gangs when need
or at a large distance forasmuch as they are within the peril of the Sea and had or in some sort might have had safety and defence by the same Banks Ditches c. ought to contribute thereto according to the quantity of their tenure without any favour either to rich or poor of what condition state or dignity soever And to be compelled thereto not only by distresses and amerciaments but also by double the chardge and whatsoever other wayes or means is in the said Ordinances contained And for the fulfilling of all these things in the said Marshes of Monketone and Menstre it was then ordained and agreed that a common Bayliff should be elected by the Lords of the Fees and Commonalty of the Marsh within the said Marsh of Monketone and another Bayliff in the Marsh of Menstre to supervise do and execute all such things as to the Office of Bayliff of the Marsh pertained according to the judgement of the Jurats or Dike-Reeves Also that there should be chosen xij honest and lawful men by the Lords of the Fees or their Attornies and the Commonalty of the Marsh or six of the Marsh of Monketone and six of the Marsh of Menstre who had lands in the said Marshes lying in danger of the Sea which twelve to be assigned and sworn jointly to oversee the Banks Ditches c. in the said Marshes and to measure all the Lands Tenements and common of Pasture in those parts which either had or might have safety and defence in any sort by the said Banks Ditches c. to the end it might be known for how much they ought to contribute and who afterwards upon their Oaths might supervise those walls Ditches c. and place a certain Keire in every part of the said Banks of such height and thicknesse that the Marish grounds might be fitly preserved thereby And that they should hold their Last when and as often as it might be needful for any defect in repair And that a certain day be by them assigned within the compasse whereof those defects should be made good according to their discretion And if the said repairs were not compleated within the time prefixed that then the several Bailiffs within their particular Bayliwicks should lay out their own moneys and receive the double thereof And the xij men to give notice of the several defects to those Bayliffs after the repairs were not made good within the time so assigned And if any of the said Bayliffs Jurats or Dike-Reeves did die or not give content to the said Lords of the Fees and Commonalty others should be chosen in their stead by the Lords of the Fees or their Attornies if upon notice given they would come in and by the Commonalty of the said Marshes And they to be accounted Bayliffs or Jurats of every Marsh who should have the consent of the Lords of the Fees and greater part of the Commonalty of the said Marsh lest that by long delay much peril might happen Also that there be chosen out of the xij Jurats two men in either Marsh who were to be the Collectors of all such moneys as should be assessed for those common repairs viz. in Gutters Sewers Water-gangs and of the whole Bank which lyeth in common to be repaired and sustained And those two so chosen to make Collections and disbursements and of such their receipts and layings out afterwards to render a just accompt to the said Lords of the Fees or their Attornies and to the Commonalty of the said Marshes within the several Marshes And the Bayliffs of the Lords of the Fees to assist the said Collectors in the assessing and gathering the said moneys and likewise if need be to distrain for the same Also that the said Common Bayliffs should cause the said xij men to meet together as often and whensoever there might be need or that there was any danger to supervise all the Banks Ditches Water-gangs Sewers and Gutters and to take certain consideration before they departed of all the defects and likewise to assesse a certain portion of money upon every acre to each Tenant according to the quantity of what he held and also to repair and amend the said defects within a certain time whether that they belong'd to particular persons or the whole Commonalty and for the fulfilling of all those determinations that they be not only compelled by distresses but by amerciaments and double if need required And the said Bayliffs moreover should punish all such as being refractory to their summons did not appear And if any mans Land lying within the Banks of the said Marshes were digg'd for the repair of the said Banks Ditches Sewers or Water-gangs or for any new Bank or Ditch or for the making of an in-ditch or out-ditch that then the Commonalty of every Marsh should give satisfaction to the party damnified by the discretion and judgment of the said Jurats according to the usage of Marish Lands having alwayes respect to the quantity of the ground so digged or lost Saving always to the Lords of the Fees their right which they had and ought to have against their Tenanâ—s within their proper Fee aswell for having defence as for the taking double when through their Tenants default they did lay down their own moneys And lastly that if any thing of difficulty doubt or obscurity did fortune to arise in these Ordinances that it should be reserved to the Decree and Declaration of the before-specified Justices Nor was it the intent of the said Justices that any persons who ought to have safeguard by others or that held their lands under certain conditions should be by this Ordinance excluded from their defences and agreements in case that such their agreement were not derogarory to the Law And for the performance of these Ordinances William Shirreeve and Iohn Coopere of Hoo were appointed Collectors of the moneys to be levyed in Menstre and William de Everle and Thomas Hamon in Monketone The next year following which was the xvijth of the said King's reign I find that Iohn de Lovetot and Henry de Apuldrefelde being also constitued Commissioners for the viewing of the Banks Ditches c. in the parts of East Kent which were broken and in much decay through the violence of the Sea and to provide remedy for the same met at Erchesto on the morrow after the Feast of St. Iames the Apostle where all those that held Lands lying within the Hundreds of Eastri and Cornilo which lay in danger of the Sea by virtue of the said King's Precept attended them as also such and so many lawful men by whom the truth in the premisses might be the better known And it being then and there testified by the Commonalty of the Country that it was expedient for the said whole Commonalty to have one Bayliff and xij Jurats within those Marshes in such sort as they of Romeney Marsh and the Marshes towards Sussex then had the same
The next year following Richard VVakeherst VVill. Bertyne Thomas Betenham Thomas Hordene VValter Colepeper and Iohn Derham had the like appointment for the Banks c. betwixt Smalhithe and a certain place called the Pendynge and likewise betwixt Farnehille and a Bank leading from Mayteham to Pendynge aforesaid in the Parishes of Tenterden and Rolveldene with power to make Statutes and Ordinances for the preservation of those places according to the Law and Custome of this Realm and the Custome of Romney marsh As also to take so many Diggers and Labourers in respect of the instant necessity as should be needful for that work In 28 H. 6. VVill. Kene Esquire Iohn Bamburgh Stephan Slegge and others were in like fort constituted Commissioners for the view and repair of those Banks c. betwixt the Town of Redyng and Redehille thence to Huntebornebrigge thence to the up-land of Bregge and thence to the said Town of Redyng in the Parishes of Tenterden Apuldre and Wodechirche and to make Statutes and Ordinances c. as abovesaid In 13 E. 4. Sir Iohn Fogge Knight Sir Will. Haute Knight Roger Brent Iohn Fyneux VVill. Brent Iohn Nethirsole and Iohn Hert were in like manner appointed for those Banks c. betwixt Tenterdene and Lyde as also to make Laws and Ordinances c. as abovesaid In 14 E. 4. the King having received advertisement that the Banks Ditches c. lying on the Sea-coast and Marshes betwixt Robertsbrigge in Sussex and the Town of Romney in this County of Kent were by the raging of the Sea and violence of the Tides much broken and decayed to the great damage of those parts and being therefore desirous that some speedy remedy should be used therein did by his Letters Patents bearing date at Westminster 16º Iulii in the year abovesaid constitute Sir Iohn Fogge Sir William Haute and Sir Iohn Gilford Knights and Iohn Elryngton Iohn Brumston Henry Auger Will. Belknap and Robert Oxenbregge Esquires as also Bartholmew Bolney Roger Brent Iohn Fyneux Vincent Fynche Iohn Nethersole and Iohn Hert his Commissioners giving power to any four three or two of them whereof the said Bartholmew Roger Iohn Fyneux Vincent Fynche Iohn Nethersole and Iohn Hert to be one to take view of the said Banks c. and to enquire upon the Oaths aswell of Knights as other honest and lawful men of the before-specified Counties aswell within Liberties as without by whom the truth in the premisses might be the better known through whose default these damages had there hapned and who they were that had Lands and Tenements or common of Pasture or Fishing in those Counties or had or might have preservation and benefit any manner of way by those Banks c. or losse for want of them aswell those that were remote as those that were neer to the danger and to distrain all such according to the quantity of their Lands and Tenements or number of Acres or Carucates proportionable to what they held and so likewise for their common of pasture or fishing and together with the Bayliff of the Liberties and other places of the Counties and parts aforesaid for the repair of those Banks Ditches Gutters and Sewers and to make them or some of them new where need should require And likewise for clensing the Trenches and if cause were to stop them up so that no favour should be shew'd to any person whatsoever rich or poor or of what state degree or dignity soever who might have advantage by the said Banks or detriment for want of them And moreover to make agistments upon the Sea-Ditches for the safeguard of those parts according to the number of acres or perches and as often as it should be needful to renew them And likewise to depute certain diligent and faithfull Guardians for the preservation before mentioned and to hear the Accompt of the Collectors of moneys which were to be levyed for that occasion and for the repair of the said Banks or obstruction of those Trenches And that they the said Commissioners or any four three or two of them whereof the said Bartholmew Roger c. to be one to take distresses either by themselves or others whom they should think fit to depute for that purpose for the arrerage of what ought to have been Collected as often as need should be And also to make and ordain fit and necessary Statutes and Ordinances for the defence of the Sea-coasts and Marshes aforesaid and the adjacent parts according to the Laws and Customes of this Realm of England and of Romeney Marsh. And to hear and determine all the premisses aswell at the said King's sute as the sute of any other whasoever which should come in question before them according to the Law and Custome of this Realm and the Custome of Romeney Marsh aforesaid As also to take and imploy in the said works and repairs as many Ditchers and other workmen and labourers as should be expedient for the works and repairs before mentioned upon competent salaries to be paid to them in that behalf in regard of the great urgent and instant necessity for expedition therein Futrher requiring the said Commissioners and any four three or two of them whereof the said Bartholmew Roger c. to be one to accomplish the premisses in form aforesaid and whomsoever they should find either negligent or refractory in making their proportionable repairs belonging to them to compell them thereto by distresses and amerciaments and such other wayes and means as they should deem most expedient to the end the said defects might be suddainly made good And to cause whatsoever they should ordain and determine therein to be firmly observed acting therein as to Justice appertained and according to the Law and Custome aforesaid Saving to the said King all amerciaments and other things herein to him belonging Whereupon afterwards viz. on the tenth day of April in the xviijth year of the reign of the same King the said Justices were informed that all the Lands and fresh Marshes lying within the subsequent limits viz. betwixt the Marsh called Cowelese towards the North the lands in the Ree leading from the said Marsh to the place call'd Lynkehoke neer Romeney towards the East the way leading from the said place called Lynkehoke by the inside of the Bank at Lyde and through the midst of the high street of that town to Pigwell and a place call'd the Holmestone lying without the Bank called Wikewall the Land of Promhill situate without the Banks called Simondes Wall and Kent Wall and the gulf of salt water running from the Camer unto the said Marsh called Cowelese towards the West excepting the Marshes called the Kete Denecourt mershe and Bourghser's mershe and other Marshes then lately taken in by the before-specified Iohn Elryngton and Richard Gilford Esquires with the Banks belonging to them were dayly subject to the danger of inundation by the Sea and salt water for default of repair and
as the part so being in arear called Wanys might amount unto for the common profit aforesaid And the said Bayliffs aswell for the said parcell so in arear called Wanys as for the double thereof to distrain in all the Lands and Tenements of him or them who ought to pay the same by all their goods and Catalls and the distresses so taken to keep for three days or more And if the said part so being in arear called UUanys together with the double thereof should not be paid within the said three days that then the goods and Catalls so distrained by two or one of the Iurats aforesaid to be sold in some place within the said limits except before excepted thereunto assigned and the said part so in arear called UUanys together with the double thereof out of the money arising of the said goods and Catalls so sold to be delivered to the same Bayliffs to their own use And having now done with these Laws and Ordinances for those Marshes before-specified I shall say no more concerning this part of Kent but that in 19 E. 4. the King by his Letters Patents dated at Oburne 17º Iunii directed to Thomas Archbishop of Canterbury Cardinal of England Will. Prior of Christ-Church in Canterbury Richard Prior of Hortone Robert Prior of Bilsyngtone William Master of God's house in Dovor Sir Iohn Fogge Sir William Haute Sir Iohn Scotte Knights Will. Cheyne Iohn Broomston Hen. Hoorne Gervase Hoorne Iohn Fyneux Vincent Fynche Rog. Brent Wil. Brent Iohn Nethersole constituted them Commissioners for the view and repair of the Banks c. from Appuldoure to Cawmbury and from Cawmbury to Fulstone then ruinous by the violence of the Sea and to make Laws and Ordinances for the same according to the Laws and Customes of Romeney marsh And lastly to take so many Diggers and other Labourers to be imployed therein upon competent salaryes as should be thought requisite in respect of the urgent and instant necessity of the work CAP. XIII I Now come to the remanent Marshes in this County which are those that border on the River Thameo Concerning which the first mention that I find is in 8 E. 2. Iohn Abel and Iohn de Hortone being then by the Kings Letters Patents dated the 10th of April at Wyndsore constituted Commissioners for to view and take order for the repair of the Banks Ditches c. for the safeguard of those from the overflowing of the Tide which lye betwixt Dertford Flete and Grenewich And not long after this for it was in February ensuing Iohn de Ifeld Iohn de Hortone and Will. de Northo had the like Commission for the very same Marshes In 13 E. 2. Iohn de Evredon and Iohn Abell were also appointed to view the broken Banks betwixt Grenewich and London-Bridge and to apply speedy remedy for their repair In 15 E. 2. Robert de Bardelby Will. de Leicestre Iohn de Merton and Robert de Kellesteye had the like assignation for the view of a certain breach then newly made in the Bank betwixt Grenewiche and Wolwiche by the violence of the Tides and to provide for the suddain repair thereof And the next year following Robert de Ashele and Robert de Swaleclyve were made Commissioners for the view and repair of those about Grenewiche and the parts adjacent In 17 E. 2. there hapning anoâ—her breach betwixt Grenewiche and Wolwiche Robert de Bardelly Will. de Leycestre Robert de Kellesey and Iohn de Merton were appointed to view the same and to distrain all those persons through whose default it had hapned to the making good thereof Farther enjoyning them that if they should find the persons through whose neglect it came not able to repair it so speedily as that the damage and peril which would be occasioned thereby might be prevented that then they should distrain all those which had Lands and Tenements in those parts who might have safeguard by the making up of that breach to the end that they should contribute thereto Within two yâ—ars after the King being informed of another breach in the Bank above Grenewiche towards Bermondseye which through the violence of the frequent tides and neglect of some persons who were obliged in respect of their lands in the adjacent Marshes to have made good upon all occasions had then newly hapned to the great damage of all those that had lands there did assign Adam de Brom William de Leycestre Laurence de Rustyngton and Robert de Kelleseye or any three or two of them to veiw the said breach and all other defects in those Banks which by reason of the flouds had hapned and to enquire by the Oathes of honest and lawfull men of this County upon whose land the said breach first began and through whose default and who ought to repair and maintain the said Banks as also how and in what sort and likewise what other persons had Lands Tenements or Common of Pasture in those Marshes and had or might have defence and safeguard by the said Banks in any sort And moreover with the Bayliffs of the Liberties to distrain all those through whose default that breach had so hapned and who were obliged to the repair and maintenance of that Bank according to such a proportion as might be sufficient to make good the said breach with all possible speed And if it should so fall out that those persons so lyable to the repair thereof were not able to perfect the work with that haste as the case required that then for the avoyding of greater damage and mischief to compell all such persons who had or might have loss thereby to contribute thereto for that present time every one according to the proportion of what he held as well in Common of Pasture as Land not favouring rich or poor therein And to levy the money upon those who were obliged to the said repair so as restitution might be made to those who had contributed thereto being not obliged with all speed that could be After this divers years viz. in 10 E. 3. I find that Henry de Secheford Reginald del Dyk and Iohn de Heyton were appointed Commissioners to take view of a certain Sewer called Erlesthron neer Grenewich and to repair the Sluces thereof where need should be And in 27 E. 3. Otto de Grandisone Thomas de Lodelowe Simon de Kegworth and Will. de Roderham were assigned to take view and make enquiry touching certain breaches in the Banks and Marshes of Dertford Erde and Stone and of the stopping of the Gutters and Sewers there forasmuch as by that obstruction the Corn sowed in those Marshes as also the Meadows and Pasture grounds thereof became often drowned by the Tides And to use some speedy remedy for the same In that year likewise Will. Vaghan Richard de Birton Thomas de Ludlowe Iohn de Dielleston and Simon de Lee were appointed to oversee
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
so to Sakevylestrow and so to Yortham thence to Rikenebrigs and so to the old Sluce of Pevenese time out of mind with the rest of the Tenements in the said Town of Wortlyng Eltham Herst-Monceux c. And without that that by evacuation of the fresh waters by those Gutters and Sewers though they should be so repaired and made as by the Presentment was supposed they should have benefit and safeguard and this they were all ready to justifie c. And William Grangiam the King's Attorney there at that time said that the Sewer beginning at the boundary called Squabber tending to Gorebreggs and so to Sakevylastrowe and thence to the old Sluce of Pevenese had been usually repaired in common by the Landholders in the said Towns of Wortlyng Otham Herst-Monceux c. and that by such evacuation of the fresh waters by those repairs they had commodity and safeguard as in the said Presentment was alleged c ..................... ................................ In 3 H. 4. Thomas Erpyngham Constable of Dovor Castle the Prior of Michelham Iohn Pelham William Fenys Will. Makenade and others were constituted Commissioners for the view and repair of the Banks in Pevensey Marsh betwixt Birle and Bechief and to perform all things therein according to the Custome of that marsh as of the marsh of Romeneye and the Law and Custome of this Realm Whereupon the said Prior Iohn Pelham and William Makenade went unto Westham in the Parish of Pevensey upon Friday next before the Feast of S. Gregory by the consent of the Lords of the Towns the Bayliff and the xii Jurats otherwise called Skawers and of the Commons of the said Marsh and ordained these following Statutes for the due governance of the same marsh and salvation thereof in the time to come First because there was no certain Law of the said Marsh ordained nor used before that time but at the will of those Lords who had Lands within the same so that divers perils and hurts intolerable dayly grew therefore for eschewing thereof and for increasing of the common profit they ordained and fully agreed that a principal Court should be yearly held in the said Marsh within xv dayes of the Feast of S. Michael the Arch-Angel whereat one Bayliff xij Skawers as also Collectors and Expenditors of the Scotts or Assessments should be chosen by the Lords of the Towns of the said Marsh or by their Attorneys for the safeguard thereof which Bayliff to oversee the defects and the xij Skawers to make Orders and Decrees according to the Law and Custome of Romney Marsh and also that every man by lawful quantitie of his holding of common of Pasture and Fishing within the bounds of the said Marsh shall contribute by equal portions to the reparation and maintenance of the Banks Gutters Sewers Bridges and all other necessary things within the said Marsh by the consideration of the xij Skawers and that all the reparations of the said Banks Watergangs Gutters and Sewers be done as often as needeth the costs whereof to be made and raised in this form viz. That every man that hath any land subject to danger be it neer or far off from the said peril so that the said land may be saved or the owners have profit by the Banks Watergangs Gutts and Sewers before-mentioned shall be contributory for their Lands and Tenements according to the proportion of their tenure so that no man holding such Lands and Tenements under the form of afâ—resaid shall be spared in that part be he rich or poor of what state dignity or condition soever be he within Liberties or without and in case any man be negligent in paying of his portion at a certain day ordained by the Skawers for repairing the said Banks Gutts and Watergangs that then such men shall be distrained of their Goods and Cattell wheresoever they be found within Liberties or without within the Precinct of the said Marsh untill such time as they shall have duly paid their said proportions with their Wanes the which Wanes to be reserved to the profit of the Bayliff And that the said distresses taken by the Bayliffs and the xij Skawers shall be kept for three dayes and if the owner be obstinate or negligent of his payment during that time then that the said distress be sold and the mony reserved for the safeguard of the said Marsh against the violence of the Sea And that the common Bayliff of the said Marsh of Pevensey who hath lands within the same be chosen if it be profitable but otherwise that another be elected by the assent of the Lords of the Towns of the said Marsh or by their Attorneys in sitting and holding of the Courts and Lasts at West Ham or at some other lawful place within the bounds of the said Marsh and within xv dayes of the Feast of S. Michael before-mentioned yearly upon the summons of the Bayliff except the said Bayliff for some reasonable cause happen to be changed within the said year and another be chosen in his stead And if the said Bayliff be present at such his election and will not accept of that Office that then he shall be amerced by the Electors in xls. which the succeeding Bayliff shall levy of his Goods and Catalls to the comman profit of the said Marsh and so forthwith a new choyce of another Bayliff to be made who shall accept of that Office and take his Oath and have for his labour the Wanes that fall in his time of the Scotts so assessed and levyed And if the said Bayliff so chosen be hindred by any man so that he dare not accept of that Office by reason of any threats that then he which so threatneth him or by any suggestion causeth him to decline that Office shall be punished by the Electors in such sort as the Bayliff himself should be in case he refused the same Office And if the Bayliff be absent at the time of his election that then he be distrained by the Bayliff of the Marsh his Predecessor by all his Goods and Catalls the which shall be pounded in certain places ordained by the said Electors and there kept unto the time the said Bayliff go to the Constable of the Castle of Pevensey the Abbot of Begham or Prior of Michelham or to one of them and make his Oath accepting of his said Office whereupon he shall receive Letters of him who hath so taken his Oath sealed with his Seal and directed to the Bayliff his Predecessor And thus shall he do within six dayes after his election and if he do not so he shall then be punished as aforesaid and forthwith a new choyce made And at this principal Last or Court the common Collectors and Expenditors of all the general Scots before-mentioned shall make their accompts before the Lords of the Marsh or their Attorneys if they be present before the Bayliffs xij Skawers and the Commons of the said Marsh which Accompts to be
the Shireevâ— of this County wherein he reciteth that whereas Sir Robert Bealknap Knight and Iohn Lucy lately constituted his Justices of Sewers for the Banks c. on the coast of Severne and the parts adjoyning did ordain and appoint that the breach made by the men of Aylberton in a certain Causey dividing the Fields of Luttelton and Aylberton should be repaired and made good in as perfect a manner as it was before And that for the drayning of the waters out of the Towns and Fields aforesaid a certain Ditch which extended it self from the South side of the said Causey from the town of Aylberton unto Severne should be competently amended in such places where need required at the chardge of those who had estates in the Lands and Tenements adjoyning that is to say of those who had used to make and repair them and that this should be done as often as need required And moreover that six sufficient men having lands in those parts and also one Bayliff should be chosen and sworn to view as often as they should think fit all the said Ditch from the one end thereof to the other and to cause it to be amended and repaired from time to time according to the tenor of the said Ordinance and Decree And that a certain Sluse antiently set in the said Ditch at the common chardges of all those who had benefit by the drayning of those waters which did descend thereby should be competently maintained by the view of the said six men and the Bayliff before-specified And that certain men of those parts specified in the said Processe ought severally to scour and clense some perches of the said Ditch and that they should be distrained thereâ—o by the said six men and the Bayliff as often as occasion required as by the Record and processe thereof had on that behalf and by the said King's Letters Patents exemplified under his great Seal more plainly might appear And forasmuch as at that time upon the relation of divers of the said King's faithful Subjects he was informed that through the neglect in observing the said Ordinance and Decree much losse had hapned to divers of his Loyal Subjects and others residing in those parts and many worse in processe of time were like to fall out except a more speedy remedy were used therein the said King for prevention thereof commanded the said Shireeve to view the exemplification of that Record and processe and calling before him those six men and the Bayliff and fully declaring the premisses unto them to warn and distrain them for the performance of all things which did belong to them therein In 11 H 4. Sir Gilbert Denys Knight Robert Poynns Iohn Grevill Iohn Giffard Iohn Russell Will. Godefelawe Gilbert Gylberd and Will. Merbury were assigned to view and take order for the repair of all those Banks c. betwixt Gloucester and Bristoll which were then broken by the violence of the tides and to do all things therein according to the Law and Custome of this Realm and the Customes used in those places As also to take so many Labourers upon competent wages in respect of the great necessity as should be needful for that work And in 1 H. 5. Robert Poyntz Alexander Clevedone Thomas Mille Iohn Derhurst Robert Stanshawe and Nich. Alderlegh were appointed to view and repair all those Banks c. in Salt marshe betwixt Olston and Hembury and to act therein according to the Law and Custome of the Marsh. CAP. XXII FROM Gloucestershire I must make a large step the more Western parts of this Realm affording no considerable Marshes nor the North VVest neerer than Yorkeshire but that Country is well stored with such Fenny grounds especially neer the Rivers of Ouse Darwent Aire Done Crent and Humber some part whereof do lye in the East Riding but the greatest proportion in the West Riding of that County for in that flat about Hoveden and bordering upon it it hath been observed that there are no lesse than fifty eight Villages and that it hath heretofore been vulgarly called Waulyng fenne though now as I think Dikes marsh and Hatfield Levell are the most noted names whereby it is commonly known Pursuing therefore my accustomed method in discoursing of the improvements here likewise made by banking and drayning I shall observe that the first Commission for that purpose wherewith I have met is in 23 E. 1. and directed to H. de Cressingham and I. de Lithgreines who upon complaint made to the King by Walter de Langeton then Master of the Hospital of S. Leonards at York that divers persons having lands lying neer the River Ouse betwixt the towns of Houke and Rednes who in respect of those their said lands ought to repair and maintain certain Banks and Sewers upon the borders of that stream for the securing of them from inundation as they and their Ancestors in times past had done did neglect so to do whereby great losse accrued to many other Land-holders in those parts the said King assigned them the said Hugh and Iohn to enquire the truth thereof and to take such course for the redresse of the same as should be consonant to the Laws and Customeâ— of this Realm The like Commission had the said Hugh and Iohn touching the view and repair of the Banks Ditches c. upon the same River of Ouse from Cawode to Faxflete on both sides the water So also in 27 E. 1. had Thomas de Burnham and Gerard Salveyne for the same Banks c. betwixt Cawode and Faxflete In 28 E. 1. upon information made by the Land-holders of Brunkestet and Faxflet that one Peter Betard and the townsmen of Beleby had diverted the stream of Beleby Wathe out of it's antient Chanel into the Watercourse of Fulnathe and likewise that the Inhabitants of Estringtone and Portingtone had turned the course of those such waters as passed neer those towns by several trenches so variously that upon any great rain they drowned the greatâ—st â—art of the lands adjacent so that neither passengers could travel in the common Road betwixt Beleby and Pokelington nor the said men of Brunkeflet and Faxflet till and sow their low grounds or dig turf in the Moor of Walingfen or depasture their Cattel in the parts thereabouts the King therefore assigned the before-mentioned Iohn de Lythegreyns and Robert de Boulton to view those places and to redresse the said nusances Several other Commissions for the view and repair of the Banks Ditches and Sewers in those parts were afterwards issued viz. in 32 E. 1. to Thomas de Burnham William de Hake and Thomas de Fisheburne concerning those upon Ouse betwixt Cawode and Brungflete In 2 E. 2. to Alexander de Cave and Geffrey de Hothum for those upon the verge of Humber and Ouse betwixt Ellerker and Barneby neer Hoveden In 4 E. 2. to Will. de Huke Gerard Salveyn and Iohn
the above-specified presentment the said obstruction was supposed to be and thence unto Hovedene and divers other places And they said that the same Henry and others by the appointment of the said Sir Stephan did cast earth and sand there for the amendment of that way without that that there was any antient watercourse descending as abovesaid into Temple damme as it was presented and desired that the Country might enquire therof And the said Jurors also said that there was not any common or antient watercourse descending from Thornton damme aforesaid unto Temple damme as had been alleged wherefore the said Sir Stephan and Henry were dischardged And the same Jurors likewise presented that a certain watercourse called Newe Derwent from the end of Hovedene Town viz. from the way from Hale to Dykysmin was obstructed and ought to be repaired by the Towns of Hovedene Knedelyngtone Askylby Kylpyn Neusome Brend Spaldyngtone Kayvill and Thorpe VVhereupon the Shireeve had command to summon the Inhabitants of the said Towns c. whereof they of Hovedene Knedelyngtone Kylpyn Kayvill and Thorpe appearing severally said that they could not deny but that they ought to repair the same water-course in manner and form aforesaid therefore they were amerc'd And the said Towns of Askylby Neusome Brend and Spaldyngtone severally answered that they ought not to repair that water-course as it had been presented and did therefore request that the Country might enquire thereof VVhereupoâ— the Jurors being called said that the before-specified Towns of Askylby Newsome Brend Spaldingtone ought not to repair the same and therefore they were then dischardged And they moreover presented that a certain watercourse called Ruddeflete descending from Wallyngfen to Ruddeflete and so by the Milne damme of Brounflete to Humbre was obstructed and that William then Master of the Hospital of S. Leonard in Yorke ought to repair the same And that there was a certain watercourse called Hodflete descending from Wallyngfen to Humbre which ought to be repaired by the said Master whereupon the Shireeve had command to summon the said Master c. who appearing could not gainsay but that he ought to repair the same therefore he was amerc'd c. and the said Shireeve was commanded to distrain him And they also presented that there was a certain watercourse called Frisdyke which was totally obstructed so that the adjacent grounds were thereby drowned and that it ought to be repaired by Sir Stephan le Scrope of Masham Knight Lord of the Mannour of Faxflete .......................... And as touching the plaae called Whitenge to the River of Humbre they said that the before-specified Master of the Hospital of S. Leonards in Yorke ought to repair the same whereupon the Shireeve had command to summon him the said Sir Stephan who accordingly appearing by his Attorney answered that he could not gain-say but that he ought to repair the said water-course from that place called Whitenge unto Oxmer dyke as it had been presented therefore he was amerc'd and the Shireeve commanded to distrain him c. And the said Master also by his Attorney answered that he could not deny but that he once did together with the said Stephan repair the same watercourse from that place called Whitenge unto the River of Humbre that is to say the said Master the one half thereof and the said Sir Stephan the other half therefore he was amerc'd c. And they lastly presented that a certain watercourse called Daneldyke through which the water of Neusome Park did passe to Alderwent near Lostsome was stopped and ought to be repaired by the Town of Newsome and by the Landholders in Neusome bordering upon the said water-course whereupon the Shireeve had command to summon the Inhabitants and Land-holders abovesaid who appearing accordingly said that they could not deny but that they togethâ—r with the Towns of Lostsome Askylby and Barnby near Hovedene ought to repair that watercourse therefore they were amerc'd In the same first year of King H. 4. Sir Iohn le Scrope Knight Sir Gerard de Ouseflete Knight Thomas Egmantone Robert de Haldenby Richard de Nortone Will. de Lodyngtone and Nich. Rosselyn were assigned to view and repair the Banks and Ditches c. upon Ouse Ayre and Done in the parts of Merskland and Osgodcrosse in this County and to proceed there according to the Law and Custome of this Realm So also in 3 H. 4. were Edmund Duke of Yorke Sir Gerard Sothill Knight Robert Tirwhyte Iohn Rome Clerk Iohn Gaytesford Thomas Brunham Will. Ludyngton Edm. Fitz William Thomas Sheffield and Thomas Egmanton for the banks c. in the Isle of Axholme in Lincolnshire and betwixt the water of Bykersdyke on each side in the County of Notingham and the River of Done on each side as well in this County as in Lincolnshire and the confines of them from the Town of Doncastre to the River of Trent and to do all things therein according to the Law and Custome of this Realm And in 8 H. 4. Henry le Scrope of Maâ—ham William Gascoigne Alexander Metham Thomas Bromeflete Richard Tirwhyt Alexander Lounde Hugh Arderne and Wil. Roâ—â—elyn had the like assignation for those banks upon the coasts of Humbre and Ouse from the River of Derwent to Hesyll and to proceed therein likewise according to the Law and Custome of this Realm By virtue of which Commission the said Henry le Scrope with his associatâ—s met at Hovedene upon Saturday next after the Feast of S. Laurence in the year abovesaid before whom the Jurors of divers Wapentakes of this County on the coasts of Humbre and Ouse from the River of Derwent to Hesill did present that there was and had been time out of mind a certain common Sewer called Aldederwent which did reach in length directly from the town of Hovedene betwixt the marsh and town of Knedellyngtone Askilby and Barneâ—y in Hovedenshire on the South part and the land of the Tenants in Hoveden Bernhill the Towns of Newsome and Lostsome in Spaldyngmore on the North part to the River of Derwent towards the West and so by the said River of Derwent unto the Ouse which ought to be xii foot in bredth and six in depth VVhich said Sewer the towns of Neusome Lostsome Birnd Knedyllyngtone Askilby and Barneby of right ought to clense and maintain by reason of their Lands and Tenements lying in those â—owns And that the said Sewer was not then repaired through the default of the Tenants of Nâ—wsome Lostsome Birnd Knedyllyngtone Askylby and Barnâ—by aforesaid And they also said that the before-specified Sewer betwixt Barneby mersh on the South part of the same and the land of Thomas Haukesworth in Lostsome on the North part aâ— the head of the said Sewer towards the VVest neer the said River of Derwent had bâ—en newly obstructed by the said towns of Newsome Lostsome Birnd Knedyllyngtone Askylby and Barneby insomuch as the lands on each side the same Sewer were
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
one Robert de Haâ—les Archdeacon of Lincolne at the reâ—uâ—st of the said Abbot and Covent made a Collection throughout all his Archdeaconry for the maintenance thereof with which moneys so gotten the said Monks of Revesby repaired the same untill about ten years before the exhibiting of the said Presentment but after that time suffered it to go to ruine VVherefore they pâ—ecisely said that the before-specified Abbot and Covent ought to repair and maintain it still and no other And being asked whether that the Abbot and Covent could keep it in repair with the yearly value of the said land they answered that they might And they said likewise that William de Rumare son of the said William did after the death of his Father confirm to the before-specified Abbot and Covent the land above-mentioned in pure alms for the maintenance of that Causey at which time he made the said Abbot and Covent swear that notwithstanding the said confirmation so made to them in pure alms they must repair and maintain the same Causey as they had before that time used to do alleging that for the want of repair thereof divers persons were drowned every year And the said Jurors for the Wapentakes of Kirkâ—tone Ellow and Anelund chosen to enquire concerning a certain Causey called Holand Causey and of the bridge called Peckebrigge said upon their Oaths that in truth one Robert Iokem of Horbelinge antiently gave to the Prior of S. Saviours one messuage and one yard land lying at the head of the said Causey neer to the very site of the said Priory to have and to hold to them and their successors for ever for the reparation and maintenance of the before-specified Causey from the head thereof towards Kesteven to the Innome oâ— Douingtone And for that consideration were those Canons of S. Saviours enfeoffed of the said messuage and land to maintain the same Causey for ever And the same Jurors also said that the before-mentioned Canons did afterwards obtain a Bull from the Pope to exhort the people of the Country to contribute towards the repair of that Causey by means whereof they collected much money and that with those moneys as also with the profit of that messuage and land and other moneys bequeathed unto them by several great men deceased they used to repair the same till within twenty years then last past that they were hindred by reason of a floud that they could not do it And since that time that they imployed those moneys so collected and bequeathed as aforesaid in purchasing of lands And they said directly that those Canons ought to maintain the same Causey from the head of Holand bridge unto the Innome of Doningtone and not any other And that with the revenue of that messuage and what they had so purchased they might very well do it And they said moreover that the Inhabitants of Doningtone ought to repair and maintain the before-specified Causey from that place called the Innome unto the head of the same towards Holand in respect of their lands lying on each side thereof and by reason of the said ground called the Innome granted to them by the Country And as to the said bridge called Peckebrigg they said that before the foundation of the Priory of Spalding there was not any there and that the Prior of Spalding did antiently first build it and being so built that he and his successors did ever afterwards repair it by reason whereof they took Toll of all strangers passing over it and at that time did also so do For which reasons they said that the same Prior and Covent of Spalding ought to maintain the same and no other person whatsoever And being asked of what bredth the said bridge and Causey ought to be they said that the Causey ought to be so broad as that Carts and Carriages might meet thereon and the bridge of Peckebridge so wide as that men riding on Horse back might also meet upon it And because it was found by the said Inquisition that the before-specified Abbot and Covent of Revesâ—y ought to maintain the Causey called North dyke by reason of that land so given unto tâ—eâ— by the before-mentioned William de Rumare And that the Prior and Covent of S. Saviours ought to maintain that part of the said Causey called Holand bridge Causey by reason of those their Lands and Tenements as aforesaid and the men of Deningtone the other part the Shireeve had command to seize the before-specified lands into the Kings hands and to retain them until such time as they should give security for the repairs abovesaid and that this should be done before the Feast of S. Michael then next ensuing The like command he had to distrain the Prior and Covent of Spalding by all the goods which he could find of theirs within his Bayliwick for the repair of the said bridge called Peckebrigge within that time In 50 H. 3. the King being advertised that aswell his own lands as the lands of the Prior of Spaulding and others lying in this province of Holand were in very great danger through the decay of the Banks Ditches Gutters and Sewers in divers parts thereof did assign Iohn le Moyne and Alexander de Montefort to enquire by the Oaths of honest lawful men of the same Province who they were that then had safeguard and preservation by those banks and Sewers against the Sea and ought to repair the same and also to distrain all those that were Land-holders within the Wapentake of Ellowe for to repair the same Banks Ditches c. so that every Acre might be equally assessed whosoever held the same and being so repaired to maintain them in such sort as they ought to do according to the proportions of their Tenements The like Commission had Thomas de Frankton Iohn Beke and the before-specified Alexander de Montefort in 3 E. 1. for the same Banks and Sewers In the same year upon a pleading concerning the Banks lying in a certain place called Cadenham toft it was found that they were in very good repair In 6 E. 1 there was a complaint made to the King on the behalf of Henry de Lacy Earl of Lincolne that he had received extraordinary damage within his Lordship and Lands in Swaneton by inundation of the fenns betwixt Swaneton and Dunnington and other Towns adjacent by reason that the Sewers Ditches and Gutters which had wont to be there in the time of his Ancestors were then obstructed and the Bridges in ruine through the default of those that ought to repair them The said King therefore assigned Raphe de Hengham and William de Norburgh to enquire who ought to repair the same and to distrain them thereto The next year following upon inforformation that the Inhabitants within the Wapentake of Kirketou had sustained much losse by the overflowing of Haute Hundre fen in the said Wapentake in regard that the Sewers Ditches and
betwixt the Crosse at Wolmerstye and Tyd bridge In 4 E. 3. to the said Iohn de la Gutere William de Ros of Hamlake Iohn de Multon Parson of Skirbek and Will. de Farford for those betwixt Wrangel haven and Boston and in 5 E. 3. to Robert de Malbethorpe Geffrey de Edenham Will. de la Lound and William de Poynton for those upon the Sea coast betwixt Kesteven and Holand In 7 E. 3. the King directing his Precept unto Geffrey le Scrope and his fellow Justices of the Pleas before himself to be holden signified unto them that whereas by an Inquisition then lately taken before Robert de Malberthorpe and his associates Commissioners for the view of the Banks Ditches Gutters Sewers Bridges Causeys and Floud-gates in the parts of Kestevene and Holand it was found that the Prior of the Chapel of S. Saviours ought to repair and maintain the Causey called Holand brigg and thirty Bridges upon the same according to certain boundaries and limits and that they the said Justices at the sute of him the said Prior affirming that he ought not to be charged with the said repairs the said King caused the Record Process of the said Inquisition to be brought before him And that afterwards by the Petition of the said Prior exhibited to him the said King and his Council in the Parliament held at Yorke setting forth that upon their giving Judgement afterwards in that businesse there hapning a manifest error therein to the no little damage of the said Prior he the said King caused the Record and Processe thereof to be brought before him and that upon perusing the same it clearly appeared that one Godwine a rich Citizen of Lincolne founder of that house of S. Saviours gave the site of that Monastery and certain other lands to the Canons of Sempryngham there residing to the intent that the profits thereof should be expended to the glory of S. Saviour and the brethren there serving God and the surplusage imployed in the repair of the before-specified bridge And that upon their giving judgement therein as aforesaid there was an errour because by the Charter of Foundation before-mentioned the maintenance of the said Prior and his brethren was first provided for and the surplusage only assigned for the repair of the said Causey but by that their judgement they had put the maintenance of the said Prior and his brethren in the last place which ought to have been in the first The King therefore for the rectifying thereof commanded the said Geffrey le Scrope and his fellow Justices to look upon the Record before expressed and cause it to be amended and to inform him both of the value of the lands so given to that Monastery by the said Founder and of some way whereby the repair of that Causey might be ascertained and lastly to supersede the distraining of the said Prior for that respect whilst the businesse was thus undetermined In 11 E. 3. Sir Richard de Roos Knight Will. de la Launde Will. de Poynton Laurence de Leeke Thoma Levelaunce and Will. de Thorpe were constituted Commissioners for the view and repair of those Banks and Sewers betwixt the Crosse of Wolmersty and the bridge at Tid And in 13 E. 3. Roger de Cobledyk Roger the Parson of Framton Lambert de Hiptoft and Iohn de Polincroft for those in the Wapentake of Kirketon Mâ—morandum that in the year of our Lord MCCCxlij 16 E. 3. the Abbot of Swinâ—sheved and Sir Nicholas de Ry Knight did implead the Abbot of Peterborough for CCCxl acres of marsh with the appurtâ—nances in Gosberchirche viz. the Abbot of Swinesheved for CC. and Sir Nicholas for Cxl. by two Writs And the first day of the Assises at Lincolne was on Wednesday bâ—ing the morrow after the Feast of S. Peter ad vincula at which time there camâ— thither Gilbert de Stanford then Celerer to the Covent Iohn de Achirche Bayliff of the said Abbots Mannours together with Sir Iohn de Wilughby Lord of Eresby Sir Iohn de Kirketon and Sir Saier de Rocheford Knights Iohn de Multon Parson of Skirbek as also divers others of the said Abbots Counsel And because the defence of this sute seemed difficult and costly to the Abbot in regard that his advâ—rsaries had privately and subtilly made the whole Country against him especially the Wapentake of Kirketon he submitted to an amicable Treaty of peace on the day preceding the Assise the place of their meeting being in the Chapter-house of Lincolne At which Treaty in the presence of Sir Nicholas de Cantilupe who was the principal Mediator betwixt them as a friend to both sides and other Knights and friends above-specified the said Abbot of Swynesheved and Nicholas de Ry did set forth their claim in that Marsh affirming that it did belong to them of right by the Custome of the Country because that it was increased and grown to their own antient Marshes by addition of sand which the Sea had by it's flowings cast up insomuch as by that means coming to be firm land they said that they ought to enjoy it as far as Saltenee and in regard that the said Abbot of Peterborough had possessed himself thereof contrary to right and against the said Custome they had brought the Assise of Novell disseisin in form aforesaid Whereunto the Counsel for the Abbot of Peterborough answered that the Custome of this province of Holand so stated by the Plantiffs ought thus to be understood and qualified viz. that when by such addition of any silt or sand there should happen an increase of land and by the Seas leaving thereof become firm ground it ought to belong unto him to whose firm and solid ground it first joyned it self without any respect whether it grew directly to it or at one side And they farther said that the before-specified Marsh did originally joyn it self to the antient Marsh of the said Abbot of Peterborough whereof that Monastery had been seized time beyond memory as it appeareth by Domesday book where it is recorded that the Abbot of Peterborough had xvi Salt pans in Donington Moreover in the Charter of King Richard the first there were confirmed to the said Abbot three Caâ—ucates of land with the Salt pans and Pastures and all their appurtenances in Holand So that the said soil increasing by little and little ought not to belong unto the Abbot of Swinesheved and Sir Nicholas according to the Custome of the Countrey because that a certain part of Salten Ee which was not then dry land did lye betwixt the old Marsh belonging to the said Abbot of Swinesheved and Sir Nicholas and the Marsh whereof they pretended so to be disseised Which part of Salten Ee could not at all be drayned because that the fresh waters had used to run through that place from the parts of Kesteven to the Sea untill Geffrey Abbot of Peterborough Predecessor to the then
had promoted a Bill in the Parliament then sitting wherein it was alleged that the course of the said River ought not to be made narrower under pretence that if it should not only the Port of the said Town of Lenne would be destroyed but the Counties of Cambridge Huntendon Northampton Bedford Buckingham Leycester UUarwick Derby and Suffolk would sustain much damage thereby and that the said Bill was maliciously made and without reason as it might be justly proved in case the said King would condescend that the Justices put in Authority for the preservation of the said Country would do their duty therein and proceed according to the Law and Custome of the Country considering the sudden mischief and destruction which might happen by one hours neglect the whole Country being in danger of irrecoverable drowning desiring that the said Justices might not be superseded but that they might proceed to reduce the same River into it's antient bounds and in such sort as it was before the boysterous flouds had carryed away the before-specified Banks and the Country so surrounded In 37 E. 3. Sir Saier de Rocheford Sir Robert de Causton Sir Hugh Lovet and Sir Raphe Rocheford Knights Thomas atte Lathe and others were appointed to view and repair the Banks Ditches and Sewers betwixt the Rivers of Wellestreme Wysebeche Welle and Wigenhale in this Province of Mershland with direction to proceed therein according to the Law and Custome of this Realm The like Commission had Rob. de Ufford Earl of Suffolk Robert de Thorpe and Iohn Knyvet for those Banks c. betwixt Lenne and Wygenhale So also in 51 E. 3. had Robert Howard Iohn Colevyle Raphe de Rocheford and others for all the Banks c. throughout this whole Province And in 1 R. 2. Roger Scales Robert Howard Iohn Colevill Raphe de Rocheford Reginald Hakebeche William de Petworth Clerk Hugh de Gandeby Clerk Iohn de Rochefort Iohn Mareschall and William Newehous It seems that there was nothing done upon that Petition exhibited to King Edward the third by the Inhabitants of Wygenhale and the other Towns therein mentioned for reducing the River into its antient bounds for I find that in 2 R. 2. they presented another to the then King importing the same in effect as the other did adding that the said water by reason of its extraordinary bredth after the Banks on the one side thereof were worn away had so great a power upon the Bank on the other side that all the Towns in those parts were frequently overflowed and the chardge in maintaining of the said Bank grown so great that they were not able longer to support it so that their Country was in much danger to be totally destroyed in case some fit remedie were not speedily used The said King therefore by the advice and assent of his Prelates and Nobles then assembled in Parliament constituted William de Ufford Earl of Suffolk Robert de Wilughby William de Wychingham and Iohn de Hawe his Justices to take view of those Banks and to enquire what remedy might be had therein whether by reducing the said stream into a narrower compasse or otherwise and if by making the course thereof narrower thenin what place to make new Banks for that purpose and in what manner and likewise to enquire through whose default those losses had thus hapned and who did hold any Lands Tenements Common of Pasture or Fishing in those parts or that had safeguard and benefit or losse or might any ways have either by the said stream aswell those that inhabited at a distance as those that lived neer unto it and to distrain them for the repair thereof according to the proportion of their Lands to be new measured by Acres if need were or by Carucates or quantity of Common of Pasture and Fishing By virtue of which Commission the Shireeve was required to impanell a Jury to enquire c. Which he did accordingly and attended the said Justices at Wigenhale on Saturday next after the Feast of the Apostles Peter and Paul where being sworn they presented as followeth viz. that the Banks on each side the before-specified River running up from the main Sea into the Countrey through the midst of the Towns of Clenchwarton Tilney Islington Wigenhall Watlington and Roungeton-Holme and farther even to Pokediche were through the extraordinary raging of the Sea so miserably broken and torn that the greater part of the Lands and Tenements in South Lenne Hardwick UUestwinche Secchithe magna and Secchithe parva was overflowed and destroyed And that there was no other remedy for the safeguard of those Towns and the parts adjacent against the fore-mentioned dangers but only the reducing of the said River within narrower bounds and other means following And they said that such a restraint thereof might well and conveniently be done for the safeguard before-mentioned in a certain place called Larkes hirne in South Lynne in this manner viz. that whereas the same River did in that place then contain in it self xl perches in bredth every perch being reckoned at xvi foot it ought of necessity to be restrained in that place on both sides for the safety of those Towns xxxiiij perches every perch being of the length abovesaid so that the bredth of the Chanel of the same River should be reduced to six perches And thence on the East side of the same River that a new Bank should be made directly to a certain other River called Secchithe and so to the House of the Friers Carmelites of South Lenne which River of Secchithe was then five perches wide as they presented but ought to be reduced to the bredth of one perch accounting the said perch at xvi foot long as aforesaid And they said that if such restraint of that River before-mentioned and a new Bank were not made all the Banks on each side the said stream betwixt the Town of Lynne and Pokediche would be totally ruined and consequently the said Country wholly destroyed And that all such straightning of the said Rivers ought to be made by the Land-holders in Clenchwarton Tylney Islington and Wigenhale and that for the same defence to be performed in form aforesaid they ought every one of them to give their assistance according to what each man held provided always that no Tenant or Commoner upon a certain place called Tylney Smethe and on another place called Marshland fenne should by reason of any Commodity had in either of those places contribute any thing thereto And they likewise said that all the owners of land from Larkyshyrne to the common way which leadeth from the Bridge at Wigenhale S. Germans unto the Bridge at Secchithe magna and from Hardwick house directly Southwards to the said Bridge at Secchithe in length and from Greâ—nediche which joyneth upon Hardwick dam Northwards and Gerys dam Southwards and from UUest Wynchegreene which joyneth upon Gerys dam Northwards in a place where
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
the land between the Briggecroft and the Messuage late Peter Mountfords Also that the Eâ—brynke at the River of Wygenhale from Geyrys dam to Geylode drove ought to be raiâ—ed two foot above the high Water-Mark as it was in the xiiijth year of the reign of K. Edw. the second and to be ten foot in bredth at the top And the said Ee brynke to be made maintained at the charge of the landholders in Newlond Watlington And that all the Ee brynks in Watlyngton be made and repaired before the days assigned by the Dichgreves upon penalty of Bylaw which is for every perch xiid. And that all the Banks in the said Town for defence against the fresh waters be likewise made according to the days assigned by the Dichgreves upon the like penalty of By-law which is for every perch vid. And they said that all the Sewers and Gutters in the Cornfen and Newland ought to be made before the days so likewise assigned by the Dichgreves according to the Ordinance made before the Justices upon penalty of the Bylaw viz. for default of every perch iijd. Also that the Custome of Marshland is that they who ought to make or repair their Banks shall be warned to do the same by a certain day and that if they fail therein then that the Bylaw shall be levyed upon them And they moreover ordainedâ— that all such as had Stowes lying in their Sewers any year or after the Feast of All Saints should pay to the Dichgreves for every such transgression vid. And that all the Tenants and Commoners in Watlington should meet twice in the year and hold the Customes of Marshland And that there should be chosen from year to year certain Bayliffs which are called Dichegreves who may have power on the Kings behalf to distrain the offenders both within and without their houses by all their Goods and Catals found in the said Town And that whensoever those Dichgreves should find any Hoggs rooting upon the Ee bryuk it should be lawfull for them to impound them and to keep them so impounded till they shall receive three pence for every Hog And that when any man is reasonably required to repair and maintain his said Banks Ditches c. and shall neglect so to do so that his Goods and Catals are thereupon taken by the said Dichgreves or their Deputies the said Dichgreves shall receive for their pains in so distraining them id for each distress By another Inquisition n taken about that time before Sir Robert de Scales Sir Iohn de Fytton and others it appears that the Jurors presented upon Oath that the Inhabitants of Watlington and Runcton holme suffred great losses in the Common of Pasture belonging to those Towns for want of Gutters and Sewers there And they said that the Sewer which extendeth it self from Monyescroft in South old Ee Westwards to the Hirne croft and from the East end of Hirne croft into the Ditch which is betwixt the Field called the Sight from Geylode drove directly to the Eebrynke of Wigenhale ought to be amended made deeper so that the water running therin might pass without any impediment and to be in bredth eight foot for the whole length thereof And that a Gutter should be made through the midst of Heibrynke in bredth three foot and as much in height through the midst whereof the water may run in Wigenhale Ee. And they said that the same Gutter and Sewer at Geylode drove ought to be made maintained repaired and clensed as often as need should require at the charges of those which had Common of Pasture or that had Common betwixt Gerys dam and Flemyngs hithe each man according to the proportion of what he held and as they had benefit and preservation by the said Sewer And that the said Commoners should every year meet at the Old Ee on the morrow after Trinity Sunday and keep the Customes of Marshland And for the performance of the premisses there were chosen four Guardians by the said Jurors In 7 E. 3. Iohn Claver Robert de Welle Thomas de Birston and Simon Costyn were constituted Commissioners for the view and repair of the Banks Ditches Sewers c. in the Towns of Midleton Sechithe Rungetone Westwynche Watlyngtone Wirmegey Shuldham and Pentney in this part of Norfolk Upon a Presentment in 37 E. 3. there was a Precept directed to the Shireeve and Iohn Berney to enquire how the River of Smal Ee came to be obstructed and who ought to scour it as also what Towns had damage thereby By a pleading in 41 E. 3 Sir Hamond de Felton Knight then Lord of the Mannour of Dansey could not deny but that he ought to clense the several waters running from Gaywood to the Sea called Danseye hee which was then obstructed and that he ought likewise to make and repair a Bridge there then ruinous the Shireeve thereof had command to distrain him and his Tenants both to clense the said Chanel and repair that Bridge In 44 E. 3. the Mayor Aldermen and Constables of Lenne were commanded to view the Ditches compassing that Town which by reason of its situation upon an arm of the Sea were through the ebbing and flowing of the Tides filled up with mud and other filth to the great damage of that Town and to take course for the speedy remedy thereof In 4 H. 4. Iohn Hevenyngham Iohn White Raphe Ramsey Will. Snetesham Iohn Clere and Robert Marcham had Commission to view the Banks Ditches and Sewers c. betwixt the Town of great Iernemuth and the City of Norwich on the one part and the said Towns of great Iernemuth and Bekles on the other which were then in decay with special direction to perform all things therein according to the Law and Custome of this Realm and those parts of this County By an Indenture tripartite made in the Church of S. German at Wigenhale on the Feast day of S. Mark the Evangelist in 11 H. 4. it appeareth that the Abbot of Dereham Prior of Shuldham Prior of Pentney Robert Kervill and Iohn Elwin Tenants of the Lands lying on the East side of the River of UUigenhale aforesaid and the xij Jurors then in the Sembec there did for themselves and their successors with the consent and assent of all the Land-holders on the said East part of UUigenhale and of the Hamlet of Sadylbow â— grant unto the Prior and Covent of UUestacre and to the Prioresse and Covent of Blackvergh and their successors as also to Will. Campneys and Margerie his wife their heirs and assigns that they the said Prior Prioresse William and Margery of their own proper costs might make a certain VVater-course or Sewer sufficient for all the Lands and Tenements of the said Prior and Prioresse and their successors and of the said William and Margerie and their heirs and assigns lying in the Erles march viz. betwixt the Erles dich on the North part
Sandy land under the two Sewers in Elme so that the water of those Fields may run at Rotispipe upon penalty of stopping all the said Sewers And they likewise ordayned that the Sewer on the Southside of the River of Wisebeche beginning from the Goule hirne may have its antient course from that Pipe unto the Pipe lying in Hillary diche under the Sewer of Elme and that the said Pipes be maintained by the Landholders in the new close of Elme and that the said Sewer have its antient course from that Pipe unto Newbridgg drove and there either a Bridge or a sufficient Pipe to be made opposite to the land of Robert Cake and that the said Sewer may have its course from that Bridge or Pipe unto the Pipe in Meesdrove lying under the Sewer of Elme And that the same Pipe be made and repaired in regard it was then broken by the men of Elme if the said Sewer will run any more And that the said Sewer have its antient current from that Pipe unto Ieconnesgate on the Southside of the Nether gate and that a Bridge be made neer unto the messuage of the heirs of Iohn Pateshull over that Sewer and that the said Sewer be clensed and digged whensoeâ—er and wheresoever need required and that the Droves be raised higher with the Earth which is digged out of the said Sewer And lastly they ordained that every Acre lying on the South of Wisebeche and every Acre on the Northside of Elme should pay a peny and more if need require for the repair from Iecons gate of that Sewer and to amend the Pipes and Bridges of the same Sewer and where need required to make them new And moreover that Ieconnesgate be amended and new made when need should be as also that every Field should make the Bridges and Pipes belonging thereto and clense and scour their own Sewers In 41 E. 3. Sir Iohn de Colvill Sir Raphe de Rocheford Hugh Lovet and others were constituted Commissioners for the view and repair of the Banks Ditches and Sewers lying upon the Sea-coast and otherwise betwixt Tyd brigg and the Town of Chaterys The like Commission in 42 E. 3. had Sir Robert del Isle Sir Hugh Lovet and Sir Iohn Vernoun Knights with others for all those in Wisebeche Elme Welle Marche and Marford in this County In 47 E. 3. Iohn Cavendish and other his associats Justices of Sewers by Virtue of the said King's Commission sate at Elme before whom it was presented by the Jurors that a certain Bank antiently made for safeguard of all those Lands betwixt the River of Wisebeche and the River of Welle beginning at the foot-path opposite to the Gate of Wisebeche Castle and so extending it self to Goneldich thence to Bensted hirne thence to Tilney hirne thence to Mareys gate and thence to Charitie Crosse and from thence to Uernouns Corner and so to the River of Welle was then almost broken and in decay by reason whereof divers Lands and Tenements within the precinct thereof were overflowed by the fresh waters to the great damage of all the Landholders there And they said that the said Bank did then contain no more than four foot in height And therefore for the better safeguard of the Town of Wisebeche Elme and Welle they ordained that the said Bank should be raiseâ— three foot higher so that the whole height thereof from the Levell ground might be seaven foot and the thickness thereof at the bottome xxxij foot and at the top xij foot so that the water of the Fen might not any way enter through the same Bank And that every one having Lands Tenements Common of fishing or pasture who might have safeguard defence or benefit by the making or repair of the said Bank or loss for the not doing thereof were obliged according to the proportion of their holding to make the same consonant to the Law and Custome of the Country so that the Lands on the South side the River of Elme should be agisted upon the Bank called the Byshopesoyke and that all other Lands and Tenements betwixt the River of Wisebeche and the River of Elme be agisted upon the Sea-bank and the Fen-bank of Wisebeche and Elme on the North side of the River of Elme And they ordained that it should be lawfull to any man making his part of the said Bank to the Fen to dig and carry away Earth for the repair thereof for the space of ten perches without the said Bank without the contradiction of any man as antiently they had used to do provided that they should not dig within the length of two perches thereof upon penalty of xxs. And they farther ordained that neither the Lord nor any Commoner should depasture any of his Cattel upon the same Bank except Sheep nor make any drists with Cattel over it for the avoiding of future damage thereto upon penalty of a peny for every Beast so driven or depasturing thereon by the knowledge or default of the owner to be paid to the Lord and Commoner to whom the repair thereof belonged so often as he should offend therein And that such Cattel as should be found there depasturing or driven in manner aforesaid upon the same Bank Sheep only excepted to be impounded by the Bayliff of Waltersey or Dike Reeves of Elme Wisebechâ— or Welle at Waltersey or in the Common pound of Elme Wisebeche or Welle now made or to be made by the Lord and Commoners and therein to be detained untill they should satisfy and pay the penalty aforesaid to be imployed in repair of that man's Bank which had received damage by those Cattel And they ordained that eight barrs should be made and set upon the said Bank to hinder the passing of Cattel upon it asweel of Strangers as Commoners the first at Waltersey by the Bishop of Ely the second at the Corner of Bensted hirne the third at Hunterstones by the Bishop and his Tenants of Hunterstones the fourth at the end of Waldersey drove by the Prior of Ely the fift neer the gate of Tilney House by the said Prior of Ely the sixt at Coldham hithe by the Lord of Coldham the seaventh at Charite Crosse by the Fields of Elme and the eighth at the end of Grenediche next to Welle and that the said barrs should be repaired and maintained when need required upon pain of xxs. to be paid by him to the Lord and Commoners who ought to repair them as often as any damage should happen to the Commoners therâ—by Provided nevertheless that every one at the making of his Bank might have free ingress and egress thereto and to amend the same as need requireth and that the penalty aforesaid should be imployed to the repair thereof as aforesaid And that every Dike Reeve of Elme and Wisebeche on the South side of the River of Wisebeche and likewise every Dike Reeve of Welle on the North side of the River of Welle might have power by
to the said Shireeve bearing date the xxth of April requiting him to return back those distresses to the end that no more complaint might be made against him upon that occasion for which he might farther incurr the said King's displeasure To give instance of all the particular persons who opposed these Ordinances it would be too tedious could I exactly do it I shall therefore here take notice of one only sute in this case which was commenced by one Godfrey le Fauâ—oner against Hamon Pitte Iohn Cobbe and others for taking ten Cows by way of distresse upon his the said Godfrey's Mannour of Hurst for his disobedience to the said Ordinances To which action the said Hamon and his Fellow-defendants pleaded that the said Godfrey enjoyed certain possessions lying in Romney Marsh in which Marsh all that hold any lands ought according to the quantity of their Tenements to make the Banks and Water-courses against the Sea and other inundation of water And that the xxiiii men oâ— that Marsh chosen and sworn by the commonality thereof ought to make distresses in the same upon all the Landholders according to the quantity of their Tenements whensoever the Banks and Water-courses thereof should stand in need of repair Which said Jurats as the custome was because they could not attend it themselves made choice of the said Hamon to take those distresses and constituted him their Bayliff so to do And that they have this liberty by the antient Custome of the said Marsh and by the Kings Charter which they then produced Whereupon they say that by teason of the said Godfrey's default that distresse taken for repair of those Banks and Watergangs was justly made Of which there were assigned by the said Jurats three perch and a half at the least for his proportion in the Bank of Apuldre to be repaired at his costs and according to the overflowing of the waters more if need should be in divers places And whether they might not have taken a greater distresse upon him they appeal to the Country They say neverthelesse also that they took upon one A. B. a Fermour to the said Godfrey ten Steers and ten Lambs belonging to I. N. Tenant also to the said Godfrey by reason of his default in repairing the said Banks and Water-gangs for which they afterwards made satisfaction and had their Cattel again And being questioned for how much he took the first distresse and for how much the second he said that the first default of the said Godfrey was estimated at four Marks and the second at xlviiis. And the said Godfrey alleged that he held those Tenements in the Marsh aforesaid by the grant of Henry sometime King of England Grand-father to King Henry then being And that the same King Henry gave them to William the Son of Balderic ancestor of the said Godfrey whose heir he is And that by this grant both his Ancestors and himself after them alwayes held their Tenements in the said Marsh as freely and quietly as the said Baldric first held them And he farther said that this custome for the repair of those Banks and Watergangs was never required neither of his said Ancestors nor himself till about five years then last past that the said Hamon was made Bayliff for the custody of the same Banks and Watergangs nor that they ever made them at any time and produced the Charter of the said King Henry the second And moreover said that his Ancestors held those Tenements by that â—eoffment so freely that they never did any repair to the said Banks not Water-gangs And that neither he after he possessed the same lands nor his Ancestors were ever distrained till within these five or six years last passed that the said Hamon and others took his Cattel And forasmuch as they knew who they were that made those distresses for that defect in repairing the said Banks and Water-gangs which neither he nor his ancestors made nor were us'd to make he required judgement of their recognition Whereunto the said Hamon and the rest replyed that in former time there was a difference betwixt the Tenants in the said Marsh touching the repair of the before-specified Banks and Water-gangs Upon which there grew a sute in the Country before the Shireeve wherein the said xxiiii Jurats deeming themselves wronged came to the King's Court and complained to the Shireeve alleging this Plea did not pertain to the Shireeve to hold It was therefore determined by the King's Counsel that the Kings Justices should be sent thither to ordain and dispose of those differences according to Justice and accordingly Henry de Bathe being sent all the Tenants of the said Marsh had summons of xl dayes as in the Iter of the Justices And the said Henry upon his view of those Banks and VVater-gangs by the consent good liking of the whole commonality of the said Marsh then ordained that the Arch-bishops Bishops Abbots Priors Earls Barons and all the tenaÌ„ts in the said Marsh should coÌ„tribute to the repair of those Banks Water-gangs according to the quantity of their tenements VVhereupon as the said Godfrey desired to be defended by the said Banks water-gangs the said Hamon required that he the said Godfrey should contribute to those repairs as it was ordained in the presence of the said Justice And that there was such an Ordinance as aforesaid he referred himself to the Record in the Rolls of the said Henry de Bathe And also the said Hamon further alleged that of necessity the said Godfrey ought to contribute to the said Banks c. Because that if his land should not be defended by them it would be wholly drowned made salt But to this the said Godfrey answered that though that Ordinance was so made by the said Henry yet he the said Godfrey never gave his consent thereto and that he was neither summoned nor called to come before him at the making thereof And moreover said that neither before the same Ordinance so made nor after either he or his Ancestors ever so contributed but alwayes held their land quietly without any exaction at all according to the Tenor of the before-specified King Henry's Charter Grandfather to the then King Henry untill two years before that the before-specified Hamon and others took his Cattel Whereupon he required judgement whether the same Ordinance ought to prejudice him in that behalf Howbeit the said Hamon and others replyed that he had the common summons of xl dayes in such sort as the whole Commonality of the said Marsh had whereof he ought not to be ignorant And thereupon said that though the said Godfrey would not come as he ought to have done with his neighbours he ought not therefore to be free from payment of the before-specified contribution for repair of those Banks because it conduced to the common profit of all the Tenants in the same Marsh that aswell his lands as the lands of the other Tenants be defended by the
said Banks and Water-gangs whereupon he required judgement And he also said that after the said Ordinance the said Godfrey and his Tenants gave one Mark towards the repair of the said Banks and Water-gangs before he the said Hamon was Bayliff And that this he was ready to justifie To which the said Godfrey answered that he held himself to the before-specified Charter of King Henry And to the liberty which he and his Ancestors had used against which no Ordinance made by the said Henry de Bathe could or ought to do him harm And stood upon it that neither himself nor any by him had given ought either before the said Ordinance so made or afterwards and that this he was ready to justifie After which on the morrow after the feast of S. Martin in the xlii of H. 3 came the said Godfrey Hamon and others And the Shireeve had command that he should bring xii aswell Knights as others having no lands in the said Marsh on the morrow three weeks after Easter by whom the truth might be the better discovered to enquire whether the said Godfrey and his Ancestors after they had their land of Hurst of the gift and grant of the before-mentioned King Henry had wont to repair the said Banks and Water-gangs together with others that had lands in the said Marsh and to contribute with them for their repair when need should require Whereupon the said Godfrey by a certain Ordinance in which he acknowledged before the said Henry de Bathe whom the King had sent to that end that though he gave a Mark to the repair of the said Banks and Water-gangs before the said Hamon was Bayliff of the said Marsh as they the said Hamon and Iohn did affirm yet he apâ—pealed whether himself or his Ancestors were not quit of the said repairs and payments thereto by the Charter of King Henry Grand-father to the then King forasmuch as he did not consent to the said Ordinance nor ever gave any thing to the repair of those Banks and Water-gangs as he affirmed But the Shireeve not making his Precept as above-said was amerc'd and another VVrit directed to him to summon the said xij men to appear c. the morrow after the Feast of the Holy Trinity At which time the said Godfrey Hamon and others came and required that judgement should be done according to the Record and processe upon the before-specified Plea VVhereupon the Plea was recited before the King and his Council And because it was found according to that Record that the King had sent Henry de Bathe his Justice thereunto assigned unto the said Marsh of Romenale who determined that all they that had lands in the said Marsh ought to contribute according to the proportion of their Tenements for the repair of the said Banks and VVater-gangs thereof as the said Hamon and others did allege and to which contribution he the said Godfrey said he was not obliged And that as yet nothing did appear to the King's Court here of the said Ordinance or Determination without which of right there could be no proceeding to Judgement a farther day was given viz. until the xvme of S. Michael that in the mean time the Rolls of the said Henry de Bathe might be lookt into And that the Plea thus depending no distresse should be farther made upon the said Godfrey At which time viz. in the xvme of S. Michael in xliijo H. 3. the said Godfrey came and withdrew his processe against the said Hamon and others therefore being amerc'd he consented for himself and his Heirs that for the future they would repair the said Banks and Water-gangs together with their neighbours according to the quantity of their land as it was the Custome of the Country without any contest or contradiction for ever And that the said Hamon granted and became obliged for himself and the rest that he would make a due accompâ— before the xxiiij Jurats chosen by the Country touching the distresses and Catals of the said Godfrey taken from the time of the beginning of the sute until that present And deducing so much as should be sufficient to satisfie the said repairs according to the proportion belonging to the said Godfrey to repay the surplusage of the mony for the Catals of him the said Godfrey so sold. And the said Godfrey agreed that if the said Hamon by his accompt could make it manifest that the value of the Catals so distrained by him for the cause premised would not suffice for his portion in repair of the said Banks and Water-gangs according to the quantity of his Land he the said Godfrey would make satisfaction to him of the whole arrerage from the beginning of the sute till that present time according to the view and estimation of the before mentioned xxiiij Jurats of the Country The next thing memorable touching this Marsh is that King Edw. the first by his Letters Patents bearing date at Westminster the xxth of Novem. in the xvith year of his reign granteda commissioÌ„ to Iohn de Lovetot Hen. de Apuldrefeld to view the Banks and Ditches upon the Sea-coast and parts adjacent within the County of Kent in divers places then broken through the violence of the Sea and to enquire by whose default this damage had hapned And together with the Bayliffs of Liberties and others in those parts to distrain all those which held any Lands and Tenements there and had or might have defence and preservation in any sort by the said Banks and Ditches according to the quantity of their said Lands and Tenements either by the number of Acres or by Carucates for the proportion of what they held for the necessary repair of those Banks and Ditches as often and where there should be need so that no man of what condition state or dignity whatsoever who had safeguard in any sort by those Walls or Ditches whether it were within Liberties or without should have favour therein Commanding also the said Iohn any Henry to behave themselves so faithfully and discreetly in the execution of this businesse that aswel the men residing in those parts as their lands should be safe against the like dangers and perhaps worse no custome favourably introduced notwithstanding And that of their transaction in this imploymâ—nt they should distinctly and plainly certifie the said King under their Seales and the Seals of the Jurats aswel Knights as other honest and lawful men Commanding moreover his Shireeve of Kent to cause so many and such persons of his Bayliwick to appear before the said Iohn and Henry at certain days and places whereof he should give them notice by whom the truth in the premisses might be the better enquired into and known By virtue of which Mandate the said Shireeve was required to summon the xxiiij Jurats of the Marsh of Rumenale and all the Lords of the Banks of the same Marsh as also such and so many honest and lawful men of all 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
every one of the xxiiij Iurats shall swear that he will together with his fellows â—ustly make all Iudgements and Decrees not favouring rich or poor either in making distresses or in what concerns the Banks Land-eas Water-gangs Sewers Ditches and Gutters or the removing of Bridges and other impediments whatsoever within the precinct of the said Marsh and punishing of Trespassers And that they be observant to the Bayliff of the said Marsh for the valuing and selling of the distresses taken and impounded for three dayes or more in the places accustomed And that they cause all the Iudgements and Decrees by them made to be enrolled and thereof an Indenture to be made betwixt them and the men of the said Marsh for the time being 9. Likewise the Collectors and Expenditors chosen as aforesaid shall swear that they will faithfully levy collect disburse and make accompt of all the Taxes and Assessments made by the Lords Bayliff and xxiiij Iurats or the greater part of them And the same course shall be observed in all the Water-gangs within the precinct of the said Marsh and before every of the Lords of the Towns if they will be present thereat 10. Also the Bayliff shall swear that he will make faithful execution of the Iudgements and Decrees of the before-specified xxiiij Iurats and of those things which do pertain to them to judge and determine ofâ— As also that in his proper person he will chardge upon all the Collectors and Expenditors by Oath that they shall faithfully levy collect disburse and accompt for aswel all general Taxes as several Water-gangs so assessed as abovesaid And that he will in person take view of all the Banks Land-eas Water-gangs Sewers Gutters and Bridges when need shall require at least twice in the year viz. once in the month of January and afterwards in the moneth of June And that he will deliver unto his successor all the evidences which he hath in his custody aswell the Charters of the Kings of England concerning the Liberties and Customes of the said Marsh as the Roules of Iudgements Decrees and Awards made by the said xxiiij Iuratsâ— with every processe of accompts of the Collectors and Expenditors whatsoever done in their times And the Clerk of the said Bayliff shall have for his Fee from the Commonality of the said Marsh vis. viijd. 11. Moreover it shall not be lawfull for any man thenceforth to make any Dams or Fords or other impediments in any Land-eas Water-gangs Ditches or common Water-courses in the said Marsh whereby the right course of the waters may in any sort be hindred And if they shall so do and testimony given thereof by the Baylik and six of the Iurats or the Commonality of the Water-course where such danger shall be made he shall be forthwith amerc'd according to the proportion of his offence by the said Bayliff and xxiiij Iurats which amercement to be likewise forthwith levyed to the common benefit as aforesaid And neverthelesse if any other than the Commonality shall receive damage by that means and that proof be made thereof by the testimony of the Bayliff and six Iurats satisfaction shall be made to him for the same 12. Likewise they did ordain and appoint that every Tax assessed in the said Marsh should be proclaimed in certain publick places and a day of payment thereupon assigned And this Proclamation to be so made that no man might plead ignorance as to the time and place he ought to pay it at 13. And they did farther ordain and decree that every Acre for the Banks in Ditches and Water-gangs be bought for xls. and that it shall not be lawful for any man to draw away any workmen being in the publick work for his own private imployment nor to take them to any other place till that work be perfected And if any man shall be found faulty therein by the testimony of the Bayliff or Iurats in the common Last he shall be amerc'd in xs. to be forthwith levyed by the said Bayliff to the common benefit as abovesaid 14. Also they ordained and decreed that all the Water-â—ourses within the said Mash by whatsoever Lands and Tenements in each Chanel be so kept that the water shall not run out of it's right course to the damage of any man upon penalty of the value thereof to be levyed by the said Bayliff for the behoof of the Commonalty when any shall be found guilty thereof in the common Last by the testimony of the Bayliff and six Iurats 15. And because of antient time it was appointed by the King that all the maritime Lands from the Isle of Thanet unto Pevenese aswell in the County of Kent as County of Sussex should be governed by the Laws Ordinances Statutes and Customes of the said Marsh of Romene it shall be lawful to the said Bayliff and xxiiij Iurats to require and have his reasonable chardges of those which shall have a mind to bring them to the places be they Lords or of the Commonalty where they ought to make their Ordinance according to the maritime Law aswell in the Banks as Water-gangs Gutters Sewers and Fishings and other things whatsoever touching that Law 16. And Lastly they ordained and decreed that if any person should make a rescue from the Bayliff of the Marsh or his Officers of any distresse whatsoever taken by any of them by virtue of the before-specified Articles or any Ordinance made or to be made for the benefit of the said Marsh and thereof to be found guilty by the testimony of the said Bayliff and six or eight of the said xxiiij Iurats or of the Water-course where the distresse shall fortune to be taken he shall be amerc'd in xls. to be levyed to the Bayliff for the use of the Commonalty as aforesaid And in the same manner it shall be done in those places where the maritime Law is used within the Isle of Thanet and Pevenese whether in Kent or Suffex After this I have not met with any thing else of this Marsh worthy the observation untill the 43º E. 3. that the before-mentioned Thomas de Lodelowe as also Robert Belknap Iohn Woodhall Roger Dygge William Topclive and William Horne were constituted Commissioners for oversight of the Banks and Ditches therein Nor from that time till 48 E. 3. that William Latymere Constable of Dovor Castle and Warden of the Cinque Ports Thomas Reynes then his Lieutenant Roger Dygge and some others were assigned by the King to view the Banks Water-courses c. thereof lying betwixt the Towns of Hethe and Newendon By which Commission they had power to imprest so many Carpenters and other Labourers as they should deem necessary for the accomplishment of the work in hand wheresoever they could be found within the County of Kent To King Edward the 3d succeeded Richard the 2d in the first year of whose reign it appears that
Richard de Horne Stephan Wettenham Iohn Franceys and Hamon Wodeman were put in Commission for to supervise the Banks in this Marsh from the Town of Hethe all along the Sea-coast unto Apuldre as also in other Marshes within this County viz. from the Haven of Romney to Promhill Church and thence by the Sea coast to Apuldre before mentioned they being at that time in decay in sundry places thereof Which King viz. Richard the 2d out of his special care also for the safeguard of this Marsh having viewed the Charter of his Royal Ancestor King Edward the first wherein aswell that of King Henry the 3d whereof I have taken notice in it's due place as that memorable Ordinance of Henry de Bathe likewise before repeated are recited did not only make Confirmation of them both but farther out of his Princely favour by the assent of his Councel at the request of the Inhabitants of the said Marsh granted for himself and his heirs to the Bayliff and xxiiij Jurats which then were and that thenceforth should be that they as also their heirs and successors should for ever have this Liberty viz. they and every of them to be exempt from serving at any Assizes on Juries Inquisitions or Recognitions aswell within this County of Kent as out of it excepting in what should relate to the said King or his heirs And that they nor any of them should be Shireeve Eschaetor Bayliff Collector of Tenths or Fifteens or of any other Subsidy Chardge Tax or Tallage to be granted to him the said King or his heirs or any other Officer or Minister to him or his heirs aforesaid against their own good will during the time that they or any of them should be in the said Office of Bayliff or one of the Jurats aforesaid And the reason of this his Royal grant for such immunity he there declareth viz. that by their absence the whole Marsh as he had been informed might be overflown in a very short time and so utterly lost and destroyed to the infinite peril and damage of all his liege people in those parts In like manner and with the like recitals at large did King Henry the 4th and King Henry the sixth confirm the said Charter of King Henry the 3d and the so often mentioned Laws and Ordinances of Henry de Bathe concerning this Marsh Adding the like Liberties and Privileges as King Richard the second by his Charter last before observed did Which said Laws with all others relating to this Marsh as also the Customes thereof were grown at length so famous that the said King Henry the sixth in the 6th year of his reign by the advice and assent of the Lords spiritual and temporal and at the special instance of the Commons of this Realm then assembled in his Parliament holden at Westminster having considered the great damage and losses which had often hapned by the excessive rising of waters in divers parts of the Realm and that much greater was like to ensue if remedy were not hastily provided And thereupon ordaining and granting that for ten years â—â—â—n next ensuing several Commissioâ—s of Sewers should be made to diverâ— persons by the Chancellor of Engâ—and for the time to come in all paâ—ts of this his Realm where should be needful the form of which Commission is there recited amongst other things gave unto the said Commissioners special power and direction by that Act to make aud ordain necessary and convenable Statutes and Ordinances for the salvation and conservation of the Sea-Banks and Marshes and the parts adjoyning according to the Laws and Customes of this Romney Marsh. And after the expiration of the said ten years by Act of Parliament in 18 of his reign continued the same form of Commissions So also in 23. The like did K. Edw. the 4th in 12º of his reign and K. Henry the 7th in 4º of his And now having thus manifested how great a care and regard the successive Kings of this Realm had for divers ages of this famous Marsh I will cloze up what I have farther to say thereof with that notable Charter of King Edward the 4th bearing date at Westminster 23º Febr. in the first year of his reign whereby he incorporated the Bayliff and Jurats thereof the tenor whereof is as followeth viz. That whereas he the said King held himself obliged to take care of the defence of this his Realm and his loyal Subjects thereof from what place soever especially those who lay neerest to the first assaults and attempts of his Enemies And considering that many Towns and places situate neer the Sea had been laid waste by the spoils and burnings of the said Enemies and through the affrights of the Inhabitants who thereupon forsook them left unhabitable and desolate Thinking it therefore most necessary to repair the said Towns and places or to new build others neer unto them and being so built to endow and arm them with Liberties and Privileges that being so fortified they may by the peoples recourse to them be made more powerful and strong for the better safeguard of the whole Country And considering that in this Marsh of Romeney in the County of Kent which is situate neer to the Sea there was not at that time such a plenty of people and inhabitants as were wont to be But were it better defended there would a much greater confluence resort thereto and dwell therein for the more safeguard of the whole Country as he the said King had been informed from the credible relation of the Inhabitants of the said Marsh and other parts adjacent Taking therefore the premisses into consideration of his special grace and favour at the instant request of all the Commonalty and Inhabitants within the said Marsh as also for the preservation thereof and more security of the adjacent Towns he gave and granted to the said Inhabitants residing within the limits and bounds thereof that they should be one body in substance and name and one Commonalty perpetually incorporate of one Bayliff and xxiiij Jurats and the Commonalty of the said Romeney Marsh in the County of Kent for ever And that the said Bayliff Jurats and Commonalty shall have a continual succession and they and their successors for ever called termed and named by the name of the Bayliff Jurats and Commonalty of Romeney Marsh in the County of Kent And that they and their successors shall be persons proper and capable in Law to purchase Lands and Tenements and other Possessions whatsoever to themselves and their successors to enjoy iâ— Fee and perpetuity And that that they shall have a common Seal for their affairs and businesses relating to them the said Bayliff Jurats and Commonalty and their successors And shall plead and be impleaded answer and be answered by the name of the Bayliff Jurats and Commonalty of Romeney Marsh in the County of Kent in every of the said King's Courts and the Courts of
his Heirs and Successors and in all other Courts and places whatsoever Which said Bayliff and Jurats to be elected in like manner and form as also exercise their Offices and be displaced from them as heretofore it was wont and accustomed to be in the said Marsh. And moreover that the said Bayliff Jurats and Commonalty and their Successors shall have a certain Court before them the said Bayliff and Jurats of the said Marsh for the time being at some certain convenient place within the same to be held from three weeks to three weeks for ever And have full power and authority to hear and determine in the said Court by Bills of complaint therein all and singular Pleas of Debts Accompts Covenants Contracts Trespasses by force and Arms or otherwise in contempt of the said King or his Heirs with many other Liberties and Privileges of which for brevity I omit the rehearsal referring my Reader to the Record it self if he desire to be farther informed therein And likewise the said King for himself and his Heirs then granted to the said Bayliff Jurats and Commonalty and their successors that they shall from time to time have power to make reasoable Ordinances and Constitutions of good credit and consonant to reason for the common good of the said Marsh as also for the sound and wholsome Government thereof and for the common profit of the Inhabitants and residents therein to make use of them and put them in execution within the bounds and limits thereof And likewise to change them and every of them for ever as they shall see best And that the said Bayliff Jurats and Commonalty and their successors for the necessities and profits relating to the said Marsh shall amongst themselves assess and levy Taxes and lay impositions upon the Goods Lands Tenements and Merchandizes of the Inhabitants and residents being within the bounds and limits of the said Marsh and otherwise as it shall seem best to them without the letâ— or impediment of the said King or his heirs or his or their Justices or other their Officers whatsoever And moreover granted to the said Bayliffs Jurats and Commonalty and their successors that none of them or of their heirs and successors thenceforth should be put or impanelled in any Assizes Juries Recognitions Attaints or any other Inquisitions whatsoever out of the bounds and limits of the said Marsh nor to be compelled to go out of those bounds or limits to travail on any Juries Inquisitions Assizes Recognitions Attaints or matters whatsoever though they concern the said King or his Heirs Nor that any of them shall be made an Assessor Taxer or Collector of Tenths Fifteens or any parcell thereof or of any other Chardge Subsidy Tallage c. whatsoever CAP XII HAving now done with Romney marsh I come to East Kent in which the first thing observable wherewith I have met is that the K. Edw. the first by his Letters Patents bearing date at Westminster xvio Maii in the thirteenth year of his reign making mention that he had granted license to his Barons of Sandwich for the digging of a certain Trench over the lands lying betwixt Gestlinge and Stonflete and from Stonflete to the said Town of Sandwich to the intent that the passage of the water called Northbroke which was at Gestling should be diverted so that it might run to Sandwich for the perpetual commodity of that Town and his Barons thereof he the said King assigned Solomon de Rochester and Roger de Norwode to enquire by the Oaths of honest and lawful men of the County of Kent in what place the said Trench and over whose lands and to the least damage of the said Landholders it might be most fitly made As also to provide and take care that the same Trench and turning of the said water should be so done that the owners of those Lands over which it was to passe might be satisfied for the hurt they should receive thereby before the work was begun About three years after the said King directing his Precept dated at Tuttebury the xvijth day of November in the 16th year of his reign unto Edmund de Passele Iohn de Ifelde and Stephan de la Dane and therein expressing that by reason of the defect in repair and support of the Banks Ditches c. on the Sea-coasts and adjacent Lands lying in the parts of East-Kent very great damage through the violence of the Sea and overflowing of the fresh waters had hapned and that greater would ensue unlesse some speedy remedy were applyed for prevention thereof he constituted the said Edmund Iohn and Stephan his Justices to supervise and take care thereof By virtue of which Precept the Shireeve of Kent was commanded to bring before the said Justices at a certain day and place xxiiij aswell Knights as other honest and lawful men of the Vicinage of Monketone and Menstre in the Isle of Thanet and to enquire of the premisses At which day he accordingly returned his Writ and brought before them Iohn Fryday Roger Belringer and others who being sworn to take view of the defects in those Banks Ditches Gutters and Sewers in the Marshes of Monketone and Menstre and to certifie unto the said Justices through whose default those damages had hapned they answered that they knew not except it were by the boysterousnesse of the Sea and the flouds of fresh waters And being asked when the said Banks and Ditches were so destroyed and who ought and had wont to repair them They said upon their Oaths that when the Sea-bank was new made all the men that had lands lying within the danger of inundation whether they were neer or remote and who had preservation by the same Bank did contribute according to the proportion of what they held for a certain time to the making and reparation thereof And after the making and first repair of the same those then who had lands adjacent thereto did at their own costs repair the same defects which afterwards hapned and not any others And having perused the Ordinances of Sir Henry de Bathe Iohn de Lovetot and other Justices their associates which were approved and confirmed by the King in which Ordinances it was expresly contained that all persons having Lands or Tenements or common of Pasture or Fishing or that had defence and preservation in any sort or might have by the Banks Ditches Gutters Sewers c. in those Marish grounds ought to contribute according to the quantity of their said Lands and Tenements either by number of Acres or by Carucates according to the proportion of their said tenure not only to the new making of the said Banks Ditches c. but to their repair and support as often and whensover need should require Whereupon it seemed meet to the said Justices that not only they who had grounds lying neer to those Banks but also they who held lands situate within the before-specified Marshes of Monketone and Menstre whether neer
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
de Langley and Thomas St. Nocholas were constituted Commissioners for viewing and repairing the Banks and Ditches in certain Marshes lying betwixt the Towns of Sesalter Gravene and Hornehill and others adjoyning thereto So also were William de Scotheni Will. de Cotes and Stephan de la Dane for the like Banks Ditches c. lying on the Sea-coast in East-Kent In 25 E. 3. Iohn de Cobham Otto de Grandison Will. Waure and Stephan de Horsham had the like Commission for those betwixt Bigpole and Estflet in this County So also had Sir Robert de Cheyne Knight Will. de Stavere and Iohn de Broke for the Banks c. lying betwixt Newenton and Dovor In 31 E. 3. Thomas de Lodelawe VVill. de Halden and Robert Bilknappe were appointed to take view of the Banks c. in the Marshes of Tenham Lodenham Stone Ore and Faversham in this County much broken by the violence of the tides and to provide for their repair In 27 E. 3. Robert de Herle VVill. de Haldene and Stephan Donet had Commission to take view of all the Banks c. in the Isles of Shepeye and Thanet as also in the parts of Gravene Harnhull Sesaltre Gunneston Chistelet Recolvre and Leyden neer Sandwich and likewise in the Marshes of Tenham Lodenham Stone Ore and Faversham in this County of Kent and to determine all things touching their repair according to the Custome of the Marsh Lands formerly used in this County And the next year following Robert de Belknap and Thomas de VValton Clerk were appointed to do the like in the Marshes of Tenham and other adjacent places In 39 E. 3. the King being informed that the Sea had more than formerly overflowed the Lands Marshes and other Tenements extending from a certain place called the Clivesende within the Isle of Tanet unto the Town of Stonore which contained in compasse two miles whereby in a short time the hurt and damage done thereto was such as that it was almost destroyed And that within a few dayes except some help were had to resist those violent overflowings all the low grounds adjoyning to the Sea and Arms thereof within the Hundreds of Ryvesko Wyngham Prestone and Dounhamford to an inestimable damage would be overwhelmed he assigned Raphe Spigurnell then Constable of Dovor Castle Iohn Cobham Robert Belknap and others to enquire and determine thereof according to the Law and Custome of this his Realm And in 41 E. 3. Iohn Flemmyng Parson of the Church of Whitstaple Iohn de Feversham and Will. Tidecombe were constituted Commissioners to view the Banks Ditches c. lying betwixt Swalclif and Graveney In 43 E. 3. Iohn de Coâ—ham Robert de Belknap Will. de Horne Simon de Kegworth and Thomas de Garwynton were appointed to cause all the coasts of the Isle of Thanet where Shfps or Boats might land to be fortified with Banks and Ditches if they were capable thereof In 47 E. 3. the said Robert Belknap with Roger de Asheburnham Will. de Toppeclyve and Thomas de Harcheregge were assigned to view all the Banks c. betwixt Hetecrone and Ealdyng as also between Patyndennesmel and Elherst in this County of Kent and to do what should be requisite concerning them according to the Law and Custome of this Realm In the same year also was such an assignation to Sir Thomas de Lodelowe Knight Will. Horne and Thomas de Shardelowe touching the Banks c. betwixt Pekesende and the Marsh of Lesnes In 48 E. 3. Roger Digge Will. Tydecombe Nicholas Heryng and others had the like Commission for the Banks in Harnhull marsh betwixt Whitstaple and Faversham So also had Robert Bealknappe Roger Dygge Will. Hornâ— and others for those betwixt Gravesend and Shepeye and thence to Reculâ—re and so to Sandwiche Dovor Romeneye Promhelle and Newendenne The next year following Robert Beleknap Thomas Reynes Lieutenant of Dovor Castle and Warden of the Cinque Ports with Roger Dygge and others were in like manner appointed for those Banks c. upon the Sea-coast extending from the Town of Hethe to Romeneye and thence to Promhull and Apuldre So also were Nich. Heryng VVill. Symme Richard de Blore and others for those in the King's Marshes of Slayhill Werkeworthe Greneberghe Daundeleye and North mersh in the Isle of Shepeye And Sir Iohn de Cobham Knight Iohn de Sudbury VVill. Toppeclive and others for the Banks c. in the Marsh called Court broke in the Isle of Oxene to do therein as to Justice should belong according to the Law and Custome of this Realm In 50 E. 3. Thomas de Garwynton Will. Makenhad Stephan Bittyngham with some others were constituted Commissioners for the view of those Banks c. situate in the Marsh of Harnhull betwixt Whitstaple and Faversham And Nicholas Heryng Iohn Godewot VVill. Symme of Uppechirche and others for those in Motteneye marsh at the Mannouâ— called Quenescourte in this County and to proceed in both these according to the Law and Custome of this Realm In 1 R. 2. the before-specified Thomas Garwynton VVill. Makenhede Stephan Bettenham and Richard Sandre had the like appointment for those Banks c. in the said Marsh of Harnhull betwixt Whitstaple and Faversham So also had VVill. Horne Stephan Bettenham and Iohn Fraunceys for those in the Marshes of Ebbenesorok and Sharlee In 3 R. 2. Robert Bealknap Iohn Barry VVill. Horne VVill. Makenade Stephan Betenham Stephen Pestenden and Iohn Brode being constituted Commissioners for view of the Banks c. in the Parishes of Stone Witresham Appuldore and Snergate in this County as also of Idenne in Suffer had command to proceed in the repair of them according to the Custome of the Marsh and Law and Custome of this Realm And in the same year the said Rob. Bealknap VVill. Horne with Nich. Heryng Thomas Shardelowe VVill. Makenade and VVill. Ellys had the like Commission for the view and repair of those Banks c. lying betwixt Pekesmere and Stonore neer Sandwiche and to do therein what should be consonant to Justice according to the Law and Custome of the Marsh aforesaid So also had VVill. Topclyf VVill. Makenade and Iohn Fraunceys for those in the Marsh of Harnhull betwixt Whitstaple and Faversham The next year following the said Robert de Bealknap VVill. Topclyf VVill. Makenade Iohn Roper Thomas Chiche and VVill. Brenchele had the like appointment for those betwixt Feversham and Muston And in 5 R. 2. Rob. de Ashton Robert Bealknap Arnald Sauvage Thomas Garwynton VVill. Symme and Elyas Reyner for those in the Marsh of Ore within the Hundred of Middleton and to determine of all things therein according to the Custome of Romeney marsh to that time reasonably used In 9 R. 2. Simon de Burley Constable of Dovor Castle and Warden of the Cinque Ports Sir Thomas
held when and as often as there might be occasion by the summons of their Bayliffs The manner of choosing the Bayliff Likewise it was decreed and ordained that the said Iurats Collectors and Expenditors chosen constituted and directed as aforesaid should be Bayliffs Iurats Collectors and Expenditors in form aforesaid And that if and as often as any of the Bayliffs xxiiij Iurats Collectors or Expenditors of and in the said Lands and Marshes within the before-mentioned limits except before excepted for the time being should decease or be removed from his Office that then in the room of the said Bayliff so deceasing or removing another of the Landholders and residents within those Lands and Marshes except before excepted to be chosen and constituted by the common assent of the Lords of the Fees having authority there for that time or by their Attornies And where the greater number of them should consent the said election to stand in the said principal and general Last to be held in form aforesaid unlesse upon necessity or cause reasonable any of those Bayliffs for the time being should sooner within the same year be removed and that it were expedient before the said principal and general Last ought to be held in form aforesaid that another were put in his place and that then an election be made of a Bayliff in form aforesaid in any other Last as aforesaid to be held So likewise in the stead of any of the said xxiiij Iurats Collectors and Expenditors so deceasing or removed from his Office as aforesaid another of the said Land-holders and residents to be chosen and constituted so that the said election be made by the said Lords of the Fees and Bayliffs and ten or eight of the Iurats aforesaid out of the most trusty discreet and wealthy Land-holders within those Lands and Marshes except before excepted The Penalty of the Bayliff elected not consenting thereto Also it was decreed and ordained that if the Bayliff so chosen should be present and would not undergo and take upon him the said Office or should refuse to take his Oath in that behalf that for such his refusall he should be amerced in xls. to be levyed of his Goods and Catalls Lands and Tenements wheresoever they should be within the County of Kent to the common benefit reparation and maintenance as aforesaid and other things to be performed by the said Bayliffs and then that forthwith there be a new election of a Bayliff made in the said Last in form aforesaid instead of him that so refused who should take his Oath in manner before specified and undergo the Office How those that are absent in the general or principal Last ought to be amerced Also it was decreed and ordained that if any one of the said xxiiij Iurats should make default in any such general and principal Last to be held in form aforesaid unlesse he had a reasonable and allowable excuse he should be amerced in xijd. to the common profit aforesaid to be levyed by the before-specified Bayliffs The penalty of the Collectors Jurors and Expenditors not submitting to their election Also it was farther decreed and ordained that if any one being of the before-mentioned xxiiij Iurats Collectors or Expenditors in form aforeâ—aid who did refuse to accept of the said Office and to take his Oath on that behalf he should be amerced in xxs. to be imployed to the benefit aforesaid and to be levyed by the said Bayliffs and forthwith another made choice of in his stead in form aforesaid And if the said Iurats should be summoned within those limits except before excepted to be at the said several or special Last to be held in form aforesaid where at the least eight or ten did not come so that such Iudgements and Decrees for the safeguard of the said Lands and Marshes except before excepted could not be made for want of a greater number of the said Iurats so absent that then every one of the said Iurats so absent to be amerced in vid. to the common benefit aforesaid to be levyed and expended by the Bayliffs of those Marshes Of which said amerciaments and other the like above specified the said Bayliffs to make accompt for in the said principal Last in form aforesaid The receiving of double by the Bayliff Also it was decreed and ordained that the said Bayliffs for the time being should have for their pains the doubles so to be levyed which did happen to be assessed and gathered in their times to be equally divided amongst them The penalty of hindring the Bayliffs so that they dare not exercise their Offices Also it was decreed and ordained that if the before-specified Bayliffs chosen as aforesaid or to be hereafter chosen were hindred by any so that they being elected durst not undergo and exercise that officeâ— that then such hinderers to be severally punished by the Electors of the said Bayliffs in such sort as any of the said Bayliffs elected should be punished in case he refused to take his Oath and undergo that Office In what sort he that is absent and chosen Bayliff ought to be compelled to receive his Office Also it was decreed and ordained that if it should happen that either the persons chosen or to be chosen Bayliffs in form aforesaid to be absent at the time of such their election that the parties so chosen should be forthwith distrained by the said Iurats for the time being or some of them by all their Goods and Catalls which ought to be impounded in certain places for that purpose to be assigned and there detained untill they did repair to the Archbishop of Canterbury the Prior of Christs-Church in Canterbury or the Abbot of Robertsbrigge for the time being or some one of them and accept of the said Office and take their Oaths thereupon and upon this did bring the Letters of the said Archbishop Prior and Abbot or one of them sealed unto the preceding Bayliffs or the said Bayliffs being dead then unto two of the said xxiiij Iurats and this within six dayes next after the said distresse so taken otherwise to be punished as is before expressed of the said Bayliffs so refusing and then to be a new election at some other Last there to he held In what sort the Collectors and Expenditors should render an Accompt of their Receipts It was also decreed and ordained that at both of the said principal and general Lasts yearly all the Collectors of all the precedent general assessments within the limits aforesaid except before excepted and the Expenditors of whom mention is before made should make their Accompt before the Lords of the Fees above-specified or their Attornies in case they be present and before the the said Bayliffs and those of the said Iâ—rats and Commonalty of the said Lands and Marshes within the precincts aforesaid except before excepted and the said Accompt to be made in writing by Indenture betwixt them and the said Bayliffs Iurats and
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
Crowemere Iohn Westone and Richard Wakehurse had the like and to act according to the Law and Custome of this Realm And in 8 H. 4. Sir Arnald Savage Knight George Ballard Richard Clitherowe Stephan Bettenhamme Iohn Martyn Will. Elys Will. Notebem and Thomas Ikham were constituted Commissioners as aforesaid for the view and repair of those Banks c. lying betwixt West-Grenewyche and S. Margarets â—tte Clyve and to proceed therein according to the Law and Custome of this Realm and the Custome of antient time used in Romeney Marsh. In 10 H. 4. Sir Iohn Oldcastell Knight George Ballard Richard Clyderhowe Iohn Martyn and Iohn Urban were constituted in like sort for the view and repair of those Banks c. situate betwixt Grenewyche and Depford and to perform all things concerning that businesse according to the Marish Law till then used and Law and Custome of this Realm And in 12 H. 4. the said Sir Iohn Oldcastell Iohn Martin Iohn Urban Iohn Krepen Iohn Weston Walter Roo and Iames Dyngle for those betwixt Northflete and Grenewyche and to do all things therein according to the Law and Custome of England In 15 H. 6. Richard Bamme Reginald Pekham Iohn Bamburgh Iohn Chymbeham Rob. Reynold and Walter Groveherst for those in the Marshes of Dertford and Stone and in Swainescompe with power to make Laws and Statutes for the same according to the Laws and Customes of Romeney marsh and the Law and Custome of England As also to imprest as many Labourers c. upon a competent salary as might accomplish the work considering the great necessity in respect of the damage impending In 14 E. 4. Sir Edward Nevill of Bergenny Knight Iohn Abbot of Bermundsey William Abbot of Lesnes Wil. Hatteclyf Iohn Bromstone Iohn Grene Iohn Bam Roger Appiltone Rob. Ballard et Iohn Alfegh were constituted Commissioners for the viewing and repairing the Banks from West-Grenewich to Gravesend and to proceed in all things tending thereto according to the Laws and Câ—stomes of this Realm and the Custome of Romeney marsh The same year the like Commission was issued unto Will Abbot of S. Augustines in Canterbury Sir Edward Nevill of Bergavenny Knight Iohn Abbot of Lesnes VVill. Hatclyf Iames Haute Esquire Iohn Bromston Esquire Iohn Grene Esquiâ—e Richard Page Iohn Bavyn Roger Appeltone Roger Brent Iohn Alfegh VVill. Swan Robert Balard Roger Shelley Iohn Nethersole and Iohn Hurt for those Banks betwixt Wolwiche and Northflete and to act therein as aforesaid Howbeit notwithstanding these good Laws and Customes and the care of the Commissioners in seeing them put in execution such hath been the backwardnesse of some that for want of timely repair of those breaches which through the violence of the tides were made in the Banks of Plumsted Lesnes Erith the Marshes of Plumsted and Lesnes were not only suffered to be drowned but after several Taxes made for regaining of them and for making a new crosse wall from the Thames to the upland for inning of the said Marsh called Plumsted marsh and a certain number of Acres in the levell and Marshes of Lesnes and defending them from the overflowing of the water which entred at Erith breach and for further maintenance of the old Marsh-walls by the Thames side from the said new crosse wall nigh unto Wolwiche divers that were assest paying not their proportion the same Marshes and levell would have been irrecoverably lost had not the Bayliff of the Marsh and others by his assignment laid down the money For recovery therefore of the said Assessments and the better levying of such summs of money as had been before imployed for the inning and defence of those Marshes upon complaint made in Parliament in 22 H. 8. it was then enacted that the Bayliff of the Marsh should cause Proclamation to be made upon any Sunday afterward in the Parish Church of Plumstede for the payment of all such arrears of the said Taxes within xx dayes then next ensuing and that he who made payment of the same accordingly should be dischardged of his doubles otherwise not And if the said Tax and Doubles should not be paid by the Feast of S. Michael the Arch-Angel then next following that then every possessor or Tenant of any lands lying within the said Marshes or any other who would pay that Tax to the said Bayliff his Executors or Assignes might enter into the Lands and Tenements so assessed and hold the same to himself and his Heirs for ever except it should be redeemed within three years then next following And in 37 H. 8. upon the like complaint made in Parliament that the Marshes called the New Marshes Combe Marshes in the Parish of East Grenewiche were often in peril of overflowing through the neglect of some persons chardgable with the repair of those Banks which had antiently been raised for their preservation from that danger it was also enacted that all and every such person and persons as then were or which thenceforth should be owners of the said Marshes or of any parcell thereof should at all times after the end of that Session of Paliament pay and be contributory towards the reparation of the said Marshes from time to time after the rate of the Acre as other owners had before that time been chardged And that the Expenditors and Collectors or one of them from time to time when any Assessment or Tax should be had or made in that behalf to distrain the goods and Cattell of such persons that should refuse to pay after such rate and the same distresses to retain keep and use according to the Laws of Romeney Marsh in such behalf of antient time used But notwithstanding that care taken by the Act of Parliament of 22 H. 8. before recited touching the Marshes of Erith Plumsted and Lesnes it was represented to the Parliament in 5 Eliz. that there was a certain ground containing about two thousand Acres lying in the Parishes of Erith Lesnes and Plumstede before-specified which in former times were good Pasture grounds and meadows but by certain breaches within the space of xxx years then past laid waste by the inundation of the Thames And that one Iacobus Acontyus an Italian and servant to the Queen had undertaken at his own chardges the recovery thereof in consideration of a moytie of it for his chardges but that the Lords and owners thereof were many and had several kind of estates therein whereby their assents and good assurances could not be procured It was therefore enacted that the said Iacobus and his assigns and their Servants Factors Labourers c. should at the costs and chardges of the said Iacobus after the tenth day of March in the year MDLxii for the term of four years then next following inne fence aâ—d win the said grounds or any parcell of them And that having so won and fenced the same or any of them that he the said Iacobus and his
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
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
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
Kings High way betwixt Taunton and Bathepole brigge was spoiled by the reflowing of the said water And that the Boats which had wont to have their passage with Merchandize from Briggewater to Taunton were hindred c. the said Abbot answered that the said Richard de Atton was seised of the said Mills and those other Lands and held them of the Abbot of Glastonbury his Predecessor as of his Mannour of Monketon and in right of his Church of Glastonbury and that he the said Richard and all they whose estate he then had in those Mills Lands c. had held them of the Predecessors of him the said Abbot by certain services time out of mind And forasmuch as the said Mills were grown old and ruinous he the said Richard did new build them and made them of the same height bredth and depth as they were before he so pulled them down and that this he was ready to prove VVhich said Mills with the Lands and Tenements aforesaid the said Richard by the Kings license then and there exhibited gave to one Walter Abbot of Glastonbury the preceding Abbot to hold to him and his Successors for ever And so said that the then Abbot held those Mills in form aforesaid without that that they were built higher in any sort other than is before alleged and that this he was ready to prove And he said that before those Mills were so new built by the said Richard the fresh waters descending into the said Chanel in great flouds did overflow the Meadows and Pastures adjoyning and also the before-specified Road-way betwixt Taunton and Bridgwater so that the overflowing of those grounds and prejudice to the same way was not at all worse after the said new building of those Mills than it had been before and that this he was likewise ready to prove And the said Abbot farther answered that he was not obliged to repair the said Kings high wayes so spoiled as by the before-mentioned Presentment was supposed in regard that neither he nor any of his predecessors nor any one whose estate he had in any of the Lands and Tenements aforesaid he used to perform such repairs in those wayes time out of mind and that this he was ready to prove And he said moreover that there was a certain place below the said Mills called Bathepole Crosse whereunto all the Boats coming from Briggewater towards Taunton by the same water and not above nor farther in the said River of Tone ought of antient time to go up or passe or could so do but had used to be unloaded there and this he was ready to prove And he likewise said that one Walter late Abbot of Glastonbury his predecessor then Tenant of those Mills within eighteen years before did of his own good vvill and not of right make a certain Chest of boards for the ease of the then Bishop of Winchester Lord of Taunton and put it into the poole of those Mills by which Chest the boats in time of flouds might be drawn up into the said poole by which means the boats being drawn by that Chest sometimes got up to the said Bishop's Mill called Tobrigge Mill without that that the said Boats did use to passe up towards Taunton in the same River of Tone any farther than the place called Bathepole Crosse time out of mind And without that that the Fish in the said River were more hindred in their passage towards Taunton than they had wont to be before the new building of the said Mills And as to the Presentment of certain ground in Monketon appropriated to the before-specified Abbot by the planting of VVillows and other Trees thereon by his servants and Tenants the said Servants and Tenants affirmed that the said nusance was amended and totally removed and that this they were ready to prove And the said Abbot likewise answered that as to the planting of the Trees and appropriating the soil in Monketon aforesaid he was not at all guilty and that he was ready to prove it And because his servants and Tenants did not deny that the said nusance was not removed at the time of the said presentment they were therefore amerc'd in half a Mark. All which things they the said Abbot with his servants Tenants being ready to prove they required judgement there in Whereupon a Jury being summoned to appear before the said Justices on Thursday in Easter week and there sworn did say that the said Bank called Southlake wall was in Othery which is parcel of the said Abbot's Mannour of Sowy and not in Weston and so was and had been time out of mind as the same Abbot had before pleaded And they said that there never were or ought to be any Sewers Gutters Trenches or Ditches in the said Bank and that no Runes were stopped by the said Bank as he the said Abbot and his Tenants had also pleaded And as to the two Weres called Tappyng Weres in the River of Peret they said that the said Abbot held the Mannour of Sowy as parcel of the foundation of that Monastery and that he had a Floudgate called Tappyng were in the same River which vvas parcel of the said Mannour and had been time out of mind And that the Watercourse there was not otherwise stopped than it had been from the said time as he had formerly pleaded and alleged And as to the Presentment of those Mills called Bathepole mills they said that they were old and ruinous and new built by the before-specified Richard after the great plague and of the same height and depth as they had been time out of mind and not otherwise so that neither the Lands Meadows and Pastures before-mentioned nor the High way betwixt Taunton and Bridgewater in Bathepole were drowned or prejudiced by the said new building of them in any other manner than as they had used to be in great Flouds and time out of mind as the said Abbot had also pleaded and alleged And as to the Presentment concerning the passage of Boats and fish from Bridgwater to Taunton they said that there was a place called Bathepole Crosse on the lower side of those Mills and that there all the Boats coming from Briggewater towards Taunton had used to be unloaded time out of mind and that they neither could nor ought of right to go farther And likewise that the said Chest for the drawing up of Boats neer to the said Mill was made by the said Walter late Abbot of Glastonbâ—ry Predecessor of the then Abbot about xvi years before voluntarily and not of any right for the ease of the said Bishop of UUinchester Lord of Taunton to draw his Boats to Tobrigge mill And they said that the Fish were not at all hindred to swim in that River any otherwise than what they had been time out of mind as the said Abbot did before plead and allege And as to the course of the water called Wythrune which was stopped they said that the before-specified nusance
the Abbot of Fountaines was dischardged from the making and repairing a bridge called Wethington brigge lying betwixt Wethington and Thorpe Underwode In 1 H. 4. upon a Commission directed to Laurence de Allerthorpe then one of the Barons of the Exchequer Sir Thomas Metham Sir Will. Chetwyn Sir Gerard Ursflet Knights Will. Gascoigne Robert Thyrwhyt Robert de Waterton Hugh de Ardern Will. Hundegate and VVilliam Lodyngton for the view and repair of the Banks Ditches c. betwixt the Town of Pokelyngtone and the Rivers of Humbre and Derwent as also within the VVapentake of Herthill and liberty Hovedene whereby they were appointed to act according to the Law and Custome of this Realm the said Justices sate at Hovedene upon Thursday in Easter week in the year abovesaid before whom the Jurors presented upon their Oaths that there was a certain VVatercourse called Poklyngton bâ—k which had used to run directly ..................................... Hâ—re the Record is obliterated by moisture and dust in at least xl lines ...... And the said Robert ....... ought to repair all the VVatercourse of Foulnay aforesaid in form aforesaid unto the North part of Morgramenge for his Tenements in Holme aforesaid And that from thence Sir Gerard Salveyne Knight was obliged to repair the said VVater-course in form aforesaid unto the water of Peter de la Hay called Botelere water and from the beginning of the said Boteler water the said Peter was to repair the same in form aforesaid unto the water called Mallorys water for his lands in Spaldyngton And from the beginning of the said Malloryswater Sir Iohn Mauleverere Knight was bound to repair that whole VVatercourse of Foulney aforesaid in form aforesaid unto the water of the said Robert Constable for his lands also in Spaldyngton And from the beginning of the water of the said Robert Constable the said Robert ought to repair all the said Chanel of Foulney unto the water of the Prior of Ormesby for his Lands in Holme aforesaid And from the head of that water of the said Prior he the said Prior to repair all the course thereof in form aforesaid to Wâ—llumbrygge and Spaldyngholme And from thence Ioan the Widow of Iohn de Aske for the lands which she held for term of her life by the grant of Sir Hugh le Despenser Knight in Birsay the Prior of Ormesby for Spaldingholme Sir Robert Constable Knight for his Teâ—ements in Holme aforesaid Sir Thomas Bosvyle Knight and Anthony Bosvyle for his lands in Birsay and Peter de la Hay for his lands in Spaldington to repair the same VVatercourse of Foulney towards the VVest from the mid-stream therof for xij foot in bredth unto the traverse of Hebeldyke And that the Prior of Wartre ought to repair the said VVater-course of Foulney on the East part from Wellumbrygge aforesaid towards his own Land unto Hebeldyke aforesaid for xij foot in bredth And from thence Sir Thomas Bosvyle Knight and Anthony Bosvyle and Ioan the VVidow of Iohn de Aske for their Tenements in Birsay to repair the same for the bredth of xxiiij foot to a certain water belonging to the said Ioan. And she the said Ioan to repair hers to a place called Fochâ—eneere for her lands in Birsay And from thence she the said Ioan and they the said Sir Thomas and Anthony for their lands in Birsay to repair the same unto the water of Peter de la Hay there And the said Peter to repair his water for his lands in Spaldyngton in the land of the said Sir Thomas and Anthony Bosvyle And the said Sir Thomas and Anthony to repair theirs unto the water of Will. de Waldeby in Portington And the said William to repair the same from the head of his water for one Rode towards Metham enge And they said moreover that from thence Sir Thomas Metham Knight was bound to repair all the current of the before-specified water to Stokholme in Birsay towards a Meadow called the Hal enge otherwise called Metham enge in respect of that Meadow and thence to the West part of Constable Enge And that Sir Thomas Metham Knight for his Tenements in Birsay Ioan the VVidow of the said Iohn de Aske for her Tenements there and Sir Gerard Salveyn Knight for his Tenements in ...... â—me were to repair the same in form aforesaid And that Sir Robert Constable Knight was to repair the same Chanel towards his said Meadow called Constable enge And they said that the before-specified Beatrice the Prior of Wartre the Prior of Ellâ—rton William VVright Robert Constable Isabell VVill. de Thoxe Richard Simolfe VVill. Peresson Iohn Hastynges the Abbot of Seleby Iohn de Pothowe Iohn Wiltshire and Blanche Peter de la Hay Robert de Bevere Gerard Salvaine Iohn Maleverer the Prior of Ormesâ—y Ioan the VVidow of Iohn de Aske Thomas and Anthony Bosvyle Wil. de VValdeby and Thomas de Metham who ought to repair the said VVater-course of Foulnaye ought of right to have several fishing in those places where they or any of them did clense or maintain the same VVhereupon the Shireeve was required to summon the said Beatrice the Prior of Wartre and all the rest above-mentioned to answer c. Who came accordingly by their Attornyes and it being demanded of them what they had to say why they ought not to repair the said Chanel of Foulney in such sort as they had been presented they answered and severally said that they could not deny but that the same Chanel was obstructed and not scoured in those places in such manner and form as was presented and that they ought to clense and repair the same therefore they were severally amerâ—'d c. And the said Shireeve had command to distrain them to the end that he might be secured that the same water-course of Foulney should be well repaired as often as need did require And they presented moreover that Sir Robert Constable Knight thâ—n Lord of Holme in Spaldyngmore ought to repair the whole water-course called Langedyke from Constable Enge unto Whalsaye Ditch and that the same Chanel from Langedyke to Skelflete and from thence to Humbre ought to be xij foot broad and six foot deep And that the Prior of the Hospital of S. Iohns of Ierusalem in England ought to repair the said water-course of Langedyke below Whalsaye to Hotham Kerre in respect of his Lordship of Whalsaye and that the said water-course was then stopped and not scoured VVhereupon the Shireeve was commanded to summon the before-specified Robert Constable to answer c. who appearing accordingly could not deny but that he ought to repair and maintain the said water-course and therefore he was amerc'd And they likewise presented that there was a certain watercourse called Alderwent descending from a place called the Bothe hill in Queldryk unto the land belonging to the Chapel of our Lady of Storthwayt and thence to a place called the Halle bank in Storthwayt and thence to Middilhilbrygge in Est Cottyngwithe and thence
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
with directioâ— and power to make Laws and Ordinances for the safeguard and preservation of the Sea-coasts and Marshes of the same and of the adjacent parts consonant to the Laws and Customes of Romeney marsh and to hear and determine of all things touching the same according to the Law and Custome of this Realm and the Custome of the said Marsh As also to imprest so many Artificers and other Labourers for that work upon reasonable salaries as they should deem necessary to imploy therein considering the great and urgent necessity to hasten the same The like Commission in 11 H. 6. had the said Sir Robert Wylughby Sir Iohn Beaumont Sir Raphe Cromwell and Sir Thomas Cumberworth Knights Iames Strangways Iohn Ellerker and others In 12 H. 6. it was found by Inquisition that the Haven of Waynflete ought to be repaired by the Tenants of the Duke of Lancaster and the Lord of Dalby And so likewise the Ea from that bridge which is towards the Church of All Saints towards the Dam. And in 15 H. 6. I find that there was an allowance of xxijl. iiijs. ixd. for the repair of that Haven whereof the Lord of Dalby for his third part allowed vijl. viijs. iij d. and the Lord of Bullingbroke xijl. iijs. ij d. over and above Liijs. iiij d. to be paid by the Bayliff upon agreement At which time it was likewise presented that the said Haven of Waynflete from the Dam unto Lymgreynes and thence to Norman dâ—epe ought to be repaired by the Lords of Bullingbroke and Dalby In 17 H 6. at a Session of Sewers held at Louthe upon Saturday next after the Feast of the Epiphany before Richard Haghe and Iohn Langholme with their associates then in Commission for the view and repairs of the Banks Ditches and Sewers in these parts there was a presentment exhibited by the Jurors shewing that it would be most profitable and necessary for the drayning and evacuation of the superfluous water from the North Common of Wynthorpe towards the Sea that there should be made one new and competent Sewer in that common extending it self from Tonlond gate in Wynthorpe unto a certain Sewâ—r there called the Old Sewere and so descending towards the North unto the Fee of the Dutchy of Lancaster called Fivescore acres in Ingoldmels thence towards the East into a certain Sewer there called the Old Sewer where it would be commodious and expedient for the conduct of the superfluous water towards the Sea to make a new Gutter in that very place where the Chanel called the Old Gote in Ingoldmels was unto the said Old Sewer and so descending to the Fee of the Lord Wylughby and Sir Iohn Gryffith Knight called Redelandes in Skâ—gnes and thence into a certain Sewer called the Old Sewer in Skegnes to the Sea And that the said Sewer and Gutter ought to be made and afterwards repaired by all those who had lands or Tenements in the North Common of Wynthorpe and the North Common of Skegnes in respect of what they enjoyed in those places that is to say every one according to the number of his Acres there and by the Land-holders of Fivescore Acres in Ingoldmels aforesaid viz. every man according to the number of his Acres there The Shireeve therefore of this County was commanded to summon all the said Land-holders in the said places called the North Common of Wynthorpe and the North Common of Skegnes and likewise in the Fivescore Acres in Ingoldmels before-mentioned to appear before the above-mentioned Commissioners at Louthe upon the Monday before Palme Sunday then next ensuing to shew what they could say for themselvs why they ought not to make and repair those Sewers according to the form of the before-specified Presentment At which day Robert Etton then the Kings Attorney came to Louthe aforesaid but the said Shireeve not receiving his Precept soon enough could not summon those Land-holders to be there as abovesaid therefore he was required to give them warning to appear at Burwell on the Monday in Whitson week then next following which he did do accordingly but none of them came the Court therefore ordered that the before-specified Sewers and Gutter should be made repaired by all the said Land-holders at their own proper costs and chardges according to the form of the same Presentment In 22 H. 6. Sir Robert VVylughby Sir Leon Welles and Sir Raphe Cromwell Kts Robert Sheffield Iohn Langholme and others were constituted Commissioners for the view and repair of all the banks c. in these parts of Lindsey and to determine all things therein according to the Custome of the Marsh till that time used and approved and according to the Custome of this Realm In 24 H. 6. Iohn Viscount Beaumont Sir Raphe Cromwell Sir Thomas Cumberworth and Sir VVilliam Tirwhit Knights Iohn Tailboys Richard Waterman Robert Sheffield and others had the like Commission for the view and repair of all the Banks Ditches and Sewers in the Wapentakes of Yarburgh Mauley Coryngham Weâ—le Lanres Haslokhowe and Walsh croft within this Province and to make Laws and Sâ—atutes proper for the same consonant to the Laws and Customes of Romeney marsh As also to do all things therein according to the Law and Custome of this Realm and the Custome of that Marsh And to take so many Labourers upon competent wages to be imployed in the said work as should be necessary for the same considering the great necessity of expedition to be used therein Many other Commissions for the Banks and Sewers aswell throughout this whole Province as in sundry places therof were afterwards issued out to several persons of the superiour rank in these parts viz. in 29 H. 6. to Sir Robert Wylughby Sir Leon Welles and Sir Raphe Cromwell Knights Richard VVelles Esquire Iohn Taylboys Rich. Waterton and others for those Banks c. throughout this coast of Lindsey with direction and authority to proceed therein as abovesaid So likewise in 31 H. 6. to Iohn Viscount Beaumont Sir Leon Wellys and Sir Raphe Cromwell Knights Iohn Tailboys and others As also to the said Iohn and Raphe with Sir Hugh Wythom Knight Richard Bedyngton and others for those within the Precincts of Skegney Dodyngton-Pygote and Tyd-gote in this County In 34 H. 6. to the said Iohn Viscount Beaâ—mont Iohn Taylboys Richard Waterton Robert Sheffield and others for those in the Wapentakes of Yarburghe Manley Coryngham Welle Laures â—aslokhowe and Walshcrofte in these parts of Lindeseye In 35 H. 6. to the said Iohn Sir Richard Welles Lord Wylloughby Iohn Taylboys Robert Sheffield Richard Benyngtone of Boston and others for all those throughout this whole coast The like Commission in 2 E. 4. had Sir Humfrey Bourchier Lord Cromwell Sir William Skipwith Knight Thomas Burghe Thomas Blount Iohn Whichecote and divers others In 6. E 4. to Richard Pynchebek Richard Welby Iohn Pynchebek Thomas Meres Leonard
that the same water hath no issue towards the Sea except by a certain Gutter in bredth three foot and an half therefore it was considered that the said Towns according to the number of their Acres belonging to every Inhabitant should restrain the same in manner aforesaid and defend the ends of those Towns abutting on the Fen And there was a day assigned for making such a restriction or Dam upon the borders of both Counties within the Quinzime of the Epiphany then next ensuing upon the penalty of CCl. And at the same time the Jurors for the County of Lincolne did present that there was a certain Gutter made in the Town of Multone called Bollesgote and that it ought to be repaired by the men of that Town according to the number of their Acres for the quantity of what they held it was therefore commanded that the said Townsmen should repair that Gutter in form aforesaid before Whitsontide following upon pain of an Cl. And on the Thursday being the Eve of S. Barnabas the Apostle at the suggestion of some of the Country came the said Simon and his fellow Justices to view that restriction and to enquire by those Jurors what had been done upon the Ordinance aforesaid Whereupon it was then presented that the Sewer which led from thence unto the Sea betwixt the Counties of Cambridge and Lincolne ought to be enlarged to the bredth of twenty foot scil ten foot on the Lincolnshire side and ten on the Cambridgshire side And because it was found by the Jurors that the said Ordinance for that restriction before-mentioned could not be observed as it ought to be by reason of the excessive flouds of water it was decreed that aswell the Dam as the Sewer should be repaired by the view of those Jurors as it had been ordained before the Feast of S. Peter ad vincula then next following upon penalâ—y of Cl. every Town adjoyning upon the same Sewer making good their particular proportions abutting towards them And Adam de Tid with other the Inhabitants of Tyd came and condescended that they would for what they held according to the number of Acres repair and make good the Banks of Sutton Marsh betwixt Scoft and Gedeney provided that they were not chardged with their Acres lying in Tid Marsh before the said Marsh was defended by the Sewer and Dam before-mentioned In 21 E. 1. the Abbot of Pâ—terborough brought an Assise of Novell disseisin against Ranulph de Rye Philip Phiket and others for putting him out of possession of his freehold in Gosberkirk viz. of xl acres of Marsh with the appurtenances whereunto the said Ranulph and the rest of those defendants pleaded that the said Abbot had brought his action against them unjustly because he was not seised at all of the premisses And they farther said that the Custome of that Country was such that whensoever the Sea did by its raging overflow any mans lands and meeting with any resistance or upon its going back waste away any of the said Land and make a hollow place no man ought to fill up that place but to clense and drain it for the common benefit of the Country and so to let it remain iâ— the same condition that the Sea first left it And they moreover said that about xviii years then past the Sea did make such an hollow in the Land of the said Abbot which so continuing for a long time they did afterwards drain it according to that Custome without doing any injury at all Whereunto the Abbot replyed that the said Ranulph could not under colour of any Custome excuse himself for he said that the place before-mentioned was his own several ground and that it was not lawfull for any man to dig in another mans land nor drayn the same without the leave of the owner excepting only one Ditch which lay in the confines of the two Hundreds of that Country called Gotecrike which Ditch whosoever had a mind to do it might drayn it and scour it at their pleasure And he also said that the above-mentioned Ranulph had in his own particular land made a certain Ditch whereby the said Abbot was hindred from coming to his Marsh and this he desired might be enquired of c. VVhereupon the Jurors delivered in this verdict viz. that the place before-mentioned was the several ground of the said Abbot in which no person without his leave had any thing to do And that there had been a kind of Ditch there which was xl years before filled up and then reduced to firm ground And they said that there did happen in that very year such a floud in those parts aswell of the fresh water as from the Sea that it broke the Abbots bank at each end thereof which breach he the said Abbot did make up as it was well lawfull for him to do And they said that the before-specified Ranulph and the other defendants afterwards made a Ditch of ten perches in length upon the soyl of the said Abbot against his leave and did exclude him from coming to that Marsh. Wherefore the said Abbot had judgement to recover his seisin and xxs. damage The next year following the King being advertised that by reason of the more than ordinary bredth of the River of Shoft neer Trokenhout which is in the confines of this County and Cambridgshire and likewise through want of repair of the Banks Ditches Gutters and Sewers in those parts great losse had hapned to the Inhabitants thereabouts the King therefore to contract the said Chanel for the more security of the Country and for repairing those Banks and Ditches did assign S. de Ellesworth R. de Chadeworth and R. de Coupledik to enquire aswel by the Oaths of Knights and others of the said Counties of the course of that stream as of those Banks Ditches Gutters and Sewers before-mentioned who they were that possessed Lands and Tenements thereabouts and had or might have benefit by the contracting of the said Chanel and repair of the Banks and Sewers aâ—oresaid and to distrain them thereto for the proportion of their said Lands and Tenements according to the number of Acres so that no favour should be used therein either to rich or poor Upon which Enquiry the Jurors delivered this following Verdict viz. that the Towns of Tydd and Sutton lying in Holand in this County and Tidd Neuton and Leverington in Cambridgshire could not be preserved from damage except the said stream of Shoft neer Trokenhout were restrained to the bredth of four foot so that it might not run towards the Sea but by a Gutter in widenesse three foot and an half therefore it was concluded that the Towns before-mentioned should streighten the said Chanel according to the proportion of their lands in those Towns and likewise defend the hades of those Towns abutting upon the fen And a day was thereupon given them to make the same Chanel of that narrownesse viz. within the xv of
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
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
common of Pasture or fishing neer the same bank nor any safeguard or defence thereby but that for their Lands and Tenemâ—nâ— they thâ—n did and of antient time had repaired a certain bank called Blake diche by which they had benefit and preservation Nevertheless at the prâ—sâ—cution of the Inhabitants of Tilney wâ—o ought and had alwaies used to repair and maintain totally the banks câ—â—led Hâ—ddich under colour of an Inquisitioâ— touching certain things which were amiss in those parts taken â—efore them the said Commissioners they did adjudge a certain part of that bank to be repaired and maintained by the saiâ— men of Ilsingtone whereupon they were distrained so to do The said King tâ—erefore being desirous that all parties should have right done to them therein required the before specified Commissioners to transmit the whole proâ—ess of their doings therein unto him in the xv of St. Iohn Bapt. then next following At which day both the men of Islington and Tilney came but the hearing thereof was then respited till the Octaves of St. Michael and at that time did Thomas atte Lache one of the Inhabitants of Tilney appear accordingly but they of Ilsington appeared not therefore the men of Tilney had execution of what had been decreed by the before mentioned Commissioners At the same time there was complaint made to the King on the behalf of the Abbot of St. Edmundsbury that whereas he the said Abbot held certain Lands in Tilney and Ilsyngton which had antiently belonged to that Monastery and notwithstanding that every Landholder there and in the parts adjacent ought to defend their own proper grounds at their own peculiar charge against the force of the Sea and make and repair certain banks for their better preservation by the appointment of the Justices of Sewers and likewise by custom nevertheless certain men of those parts having an aim to alter that their custom and to compell the said Abbot and câ—rtain others who to their great charge did make and maintain the banks against their own Lands to contribute likewise in common to the repair of all the other banks had procured certain Justices of Sewers to view those banks which they did accordinglyâ— not giving notice to those complaynants the said King therefore by his Writ directed to Henry le Scrope and his fellow Justices of the Kings Bench required them to take the business into consideration and in case they should finde that the before specified information was true then to discharge the said Abbot and the other persons concerned therein In 5 E. 3. Iohn de Cantebrig Will. Lovell Walt. de Glemesford and Iohn de Waltham were assigned to view the banks and ditches in these parts of Mersh land and to take order for their repair The like appointment in 7 E. 3. had Simon de Drayton Will. Lovell Will. de Dunton and Peter Fitz waryn In 9 E. 3. at a Session of Sewers held at the Church of Wigenhale St. Mary upon the Monday next after the Clause of Easter before Iohn Howard the elder and other Justices the Jurors presented that the safeguard of the whole Town of Tilney and Islington was one and the same and that all the Lands and Tenements and the holders of them as also of common of Pasture and fiâ—hing there were equally secured and defended by the Banks Ditches and Sewâ—rs belonging thereto from the inundation of the Sea and flowing of the fresh waters And they said that in the dayes of K. Edward the first there was an equal assignation made to the Inhaitants and Tenants of these Towns according to each mans proportion of the banks ditches and causeys belonging thereto by Will. de Carleton and his associats then Justices of Sewers at which time the charges were easy but then through the raging of the Sea and flouds of fresh waters very heavy and grievous to bear As also that the said charge was then so unequally assessed that some persons were burthened more by an hundred fold considering their proportions of Land than others whereby they were so impoverish'd that they were not then able to contribute any farther to these repairs and that by their decay much damage had already accrued there and more was likely to happen if speedy remedy were not had Wherefore they said that of necessity there ought to be a new Agistment made of the said banks and ditches and an assignation of a fit proportion to each man for the maintaining whereof they might be continually compell'd And they said moreover that the ground whereupon the Ditches and Banks stood betwixt Edyensgole and the East corner of the Tenement of Iohn de Engaldesthorpe in the Freth within the said Towns of Tilney and Ilsington was daily torn up by the boysterous Sea tides and flouds of fresh waters insomuch as the said banks could not be preserved in any sort by that Agistment to defend the said Town from drowning therefore they said that for safeguard of that Town there must of necessity be made certain Kays and four or six Schrops betwixt Edyensgole and the said corner at the charge of all the Landholders throughout the whole Town And they ordained that whereas by reason of the like danger in another place between Knight's gole and the gutter called Cattesback dole the Sea banks would not be sufficient to defend the Town from drowning there should be made forthwith certain Kays and Schrops at the charge of the whole Town and and that no bank should be thrown down towards the River betwixt those Goles in any place but where they then were untill by assessment they could be maintained at less charges And that the whole bank and chanel of the river betwixt the said gutters be made and if need required raised two foot higher so that it should contain xiii foot in bredth at the top and at the bottom a thickness proportionable thereto And they also said that the banks upon the river side betwixt Skalys gole and Cattesbak were grown so narrow towards the bottom by reason of the often sinking down of the Earth that the Cart way which is of xxiiii foot in bredth towards the said banks and ditches for the whole length thereof was by those banks and ditches totally interrupted and stopt whereupon they ordained as before that time it had been that xxiiii foot of ground should be added thereto from the Land next adjoyning And they farther said it was necessary that all the Sewers and Gutters great and small as also the common Bridges in Tilney and Islington with the gutters of Sibley and at the Mill sometime belonging to William de Fen upon the Fen ditch in Tilney should be continually repaired at the charges of the whole Town as often as need should require with the help of the Town of Tirington and for scouring the Sewers of Wesenhamdale in Tilney to the gutter called Scales gole and to make and maintain the same gutter continually which said assistance did
meerly belong to the Inhabitants and Landholders of Tilney for the drayning and avoiding of the waters from all the Tenements of the Town of Tirington betwixt New Fen ditch viz. from the house of Laurence Chapell Northwards to the great Sea bank within which space more than five thousand acres were contained excepting the great gutter called Knight's gole which was to be made and maintained aswell at the costs of Tirington Walpole Walsokâ—n and Emneth and that part of Wigenhale which hath commodity thâ—râ—by as the Towns of Tilney and Ilsington and excâ—pting the Bridge at Robert de Midleton's house which was to be alwaies made and maintained by Iohn de Engaldesthorpe and Robert de Scales in consideration of the fishing thâ—re antiently granted to them and their ancestors and accordingly enjoyed in common with the Towns of Tilney and Ilsington And excepting likewise the Bridge called Black ditch bridge unto the Fen at Tilney stowe which the Inhabitants and Land-holders of Walsoken and Emnethe were obliged to make and continually maintain for the waters descending thereby to the Sea as they had used to do for the cause aforesaid time out of mind And likewise excepting the sâ—veral Bridges of all the Tenants and persons conversant upon that Sewer which was betwixt the house of Rob. de Midleton and Gullysgole in Islington exceâ—ting all the particular Briges of such persons as were conversant upon the Sâ—â—â—rs betwixt the Fedditch and Cuntesforth brigge in Tilney because they â—elonged specially to those persons And they said that the Sewer from Custowe in Tirington to Tilney Fen brigge ought to be xii foot in bredth throughout and the Bridge there of the same wideness at the bottom And that the Sewer from thence to Islington bridge ought to contain xvi foot in bredth throughout and the same bridge xii foot at the ground And the Sewer from thence unto the gutter called Knight's gole xviii foot in bredth for the water course every Bridge beyond that Sewer upon that current xvi foot in bredth And that all the said Sewers with the Gutter called Knigâ—t's gole and tâ—e common bank adjoyning to the said Gâ—tter ought to be repaired cleansed from thenceforth aswell by the remote Towâ—s which have benefit thereby as by the saâ—d Towns of Tylney and Islâ—ngton aâ— antiently had been accustomed And that the common Sewerâ— betwixt Old fen diche and Osgood hirne should be eight â—oot in bredth at the least aâ—d that upon the cleansing and scouring thereof in every place half the â—arth so cast out to be carryed to raise the common Drave higher And all the Bridges over the said Sewer six foot in bredth at the least which Sewer to be scoured at the charge of all those that resided neer thereto And they likewise said that the Sewer from the west side of the croft belonging to the messuage of Will. de Westbrigg ought to be alwaies scoured and maintained amongst the rest of the common Sewers unto the North part of the Abbot of Dereham's Land by the Hadeland there lying and tâ—ere turning neer the same Laâ—d to the Sewer next unto the Drave And that the Trenches betwixt the tenement of Iohn the Son of Peter Drugh Iohn Sabine anâ— elswhere in the Hâ—â—eland called Sonnerâ—â—ye which is unduly made a comon path should be forthwiâ—h stopp'd up and so kept thenceforth to the end that the same path might be hindred And they moreover ordained all the Sewers belonging to the said Town of Tilney and Islington to be opened in every place and so kâ—pt for ever And they farthâ—r decreed that for the inviolable performance of all the before-specified Ordinances reasonaâ—le Taxes should be moderatâ—ly assessed by the Guardians for the safeguard of those places and chiefly by xij others authorized and associated to them and then collected by Geffrey at Falyate c. And that the said Guardians with the assistance of those twelve should diligently enquire of the transgressors of those Ordinances and compell them to make due satisfaction for the same by distress sâ—le of their goods grievous amercements as often as there should be occasion And the said Jurors did also decree that the same penalties and punishments against such as should violate those ordinances or negligently in any sort withdraw themselves in the observance of them should firmly and inviolably be imposed from thenceforth forever as were then and had time out of mind been used in Wigenhale and other Towns in these parts of Marshland for the safeguard of the Country viz. that as often as any one of what estate or condition soever should not repair his proportion of the banks ditches and causeys before-specified for the preservation of the said Towns of Tilney and Islington as also the said common Sewers belonging to him according to the Ordinances aforesaid that a fit day should be assigned him by the before-specified Guardians before which no peril might probably happen and in case he did not perform the same within that time that xiid. which is called a Bilawe should be levyed upon him fâ—r every perch unrepaired And then aâ—â—â—â—er day to be given him to accompâ—â—â—â—â—he same before which no dangâ—r might in likelyhood happen and in case he did not make performance thereof before that time that then he should pâ—y for every perch two shillings which is called Biscot And then that a third day should be allowed him to effâ—ct the same before which no peril might probably happen within which time in case he fayled to pay for every acre three shillings which is called Triscot And thenceforth that the said delinquents in those neglects to be alwaies distrained and the distresses to be prized openly and sold by xij honest and lawfull men of the said Towns of Tilney and Ilsington and the moneys arising by such sale oâ— those distresses imployed in the performance of the said repairs and the remainder in case there should happen to be any to be forthwith restored Saving alwaies to the said Guardians the forfeitures of the Bilaws Biscots and Triscots for the causes aforesaid In the Winter season of this year so great were the tempests that the Towns of Walsoken Westwalton and Enemuthe received extraordinary loss by inundations from the Sea insomuch as they became Petitioners to the King for some alleviation of the taxe of a Fifteen then granted to him in Parliament by the Commons of this Realm whereunto the said King did graciously conâ—escend and thereupon directed his Prâ—câ—pt to the Treasurer and Barons of his Exchecquer as also to the Assessors and Collectors of the same to abate unto them eight pounds thereof the whole sum being Lxâ— the next yâ—ar â—ollowing Geffrey de Colevill Roger de Hakebeche Geffrey Bryseyard and Adam de Fincham were constituted Commissioners for the view and repair of the banks and Sewers neâ—r Walpole in this Province In the winter of which year the Sea was so outragious that it brake the
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
formerly had been a stone Bridge and thence directly to the Mannour of Coldham and from thence and the Crofts of Secchithe magna and beyond to Secchithe bridge and thence Westwards and in bredth to a certain way which leadeth from Sech gate unto Iones dole fence and thence to Lynne dyke Northwards unto the How dyke and so directly to Larkyshirne aforesaid in the said Town of South Lynne Hardwick Westwinche and Secchithe magna ought to contribute to the making of that defence every man according to the proportion of his Land And they farther said that all persons which had Lands and Tenements in a certain place called Clenchwarton-Marshland within the Town of South Lynne aforesaid and all the Land-holders in Secchithe magna South Lynne Secchithe parva and Watlington in divers places from Secchithe gate Southwards to the Crofts of Secchithe parva and from Secchithe draine Westwards to East wroe dyke at Watlingtone and the Old Ee of Wigenhale as also all the Land-holders in Watlingtone in a certain place called the Cornfen which extendeth it self from the Wroedike Westwards to the River of Wigenhale and from Poâ—dyke Southwards to Gerys dam and thence Southwards in the Newlande to Deylode Drove and from Wigenhaleâ—bedding to the River of Wigenhale Westwards and likewise all the Land-holders in the Towns of Roungeton holme in a certain place called Holme Bight which reacheth from Deyslode drove to Greene yates Southwards ought to contribute to the straightning of the said Rivers and Banks to be made in the before-specified places as aforesaid because they lay within the defence and safeguard and had or might have benefit or losse by the said Rivers and Banks And that all their Tenants likewise ought to make repair and maintain the said new Banks for the restraining of those Rivers within the before-mentioned limits when and as often as need should require And they said that this restriction of the said Rivers by the making of those new Banks in the places before-specified would be a secure lasting and perpetual defence to all the Banks and all the lands lying within the Towns and places aforesaid It was therefore ordained by the said Justices that the said work should be done accordingly In 11 R. 2. Sir Edmund de Thorpe and Sir Philip de Tilney Knights together with Iohn Marshall were appointed to view and repair the Banks c. betwixt Cattesbak and the Fen ende within the Town of Tilney The like Commission in 7 H. 4. had Sir Thomas de Skelton Sir Iohn de Rocheford Sir Pain Tiptoft and Sir Raphe de Shelton Knights Richard Norton Will. Ludington and William Snetesham for all those Banks Ditches and Sewers aswell upon the Sea-coast as otherwise belonging to the Towns of Tiryngtone Walpole Walton Walsokne Enemethe Welle Wigenhale Tylneye and Clenchwarton antiently ordained for the safeguard of those Towns and to proceed therein according to the Law and Custome of this Realm So also in 10 H. 4. had the same Sir Thomas de Skelton with Sir Edmund de Thorpe Sir Iohn Colvyle Sir Raphe Shelton and Sir Iohn Rocheford Knights Richard Norton William Rees William Ludyngton Laurence Trusebut and Richard Gegge for all those Sea-banks lying within the Town of Tyringtone for the safeguard thereof and to proceed therein as abovesaid In the same year the Abbot of Ramsey was impleaded for damages which were sustained by his neglect in repairing his proportion of Pokedike for his lands in Walsokne And in 8 H 5. Iohn Cokain Sir Thomas de Skelton Sir Iohn Colvill Sir Iohn de Rocheford and Sir Henry de Rocheford Knights Robert Tirwhit Richard Norton William Ludyngtone Iohn Benard Thomas Derham Nich Morys William Fulbarne â— and Robert Bird were assigned to view the Banks Ditches and Sewers in Tyrington Walpole Waltone Walsokne Enemethe Welle Wygenale Tilneye and Clenchwarton then broken and in decay and to take order for their repair with direction to do all things therein according to the Law and Custome of this Realm What they did therein I have not seen but soon after viz. in 1 H. 6. the King receiving information that the Banks Sewers c. lying betwixt the waters of Welle and the stream which runneth from thence to Salters lode and Wigenhale in this Province of Marshland were so torn and consumed partly with the violence of the tides and partly by the great flouds of fresh waters passing that way as that very much damage had hapned to the whole Country thereabouts constituted Thomas Duke of Eâ—eter Sir Thomas Erpingham and Sir Henry Rocheforth Knights William Paston Iohn Schuldham Simeon Fyncham Iohn Mannyng and Thomas Dereham Commissioners to view the same and to make such Agistments both for raising of new Banks where need should be and repairing the breaches and decays before-mentioned in such sort as they should deem most expedient for the safeguard and benefit of the Country Which Commission bears date at Swyneshed the xij day of April in the year abovesaid By virtue whereof the Shireeve of Norfolke had command to impanell Jurors and to bring them to Downham hithe upon Thursday next before the Feast of Pentecost then next ensuing Who then and there attending the before-specified Commissioners upon their Oaths presented that the Bank called Pokediche antiently made for safeguard of the Towns in this Province of Marshland and all the Lands and Tenements within the same was then so broken and ruinous that a great proportion of ground was thereby overflowed with the fresh waters to the extraordinary damage of all such persons as were Landholders or that did enjoy Common of Pasture or Fishing there And they said that the before-specified Bank could not be made firm and sufficient by any repair thereof the weaknesse of the ground whereon it stood considered and therefore they ordained and decreed that for the better preservation of all the Towns in Marshland aforesaid and of all the Lands within the compasse thereof that there should be another Wall or Bank made new on the North side of Salterys lode brink by all the Land-holders throughout Marshland and all the Inhabitants and Residents within the Towns thereof and of the Town of Wigenhale And that the said Bank so to be made new should be made and raised upon the North side of the great River which passeth from UUelle to Salterys lode and UUigenhale viz. from the shore of that River by the space of xxiiij foot as also to begin in that place called Salterys lode and to extend it self from thence to the Priory of Mullycourt Westwards And that the height thereof from Salterys lode to North delfe shall be five foot from the levell earth and the thicknesse at the bottom xviij foot and from Northdelf to the said Priory six foot in height from the ground with xviij foot in bredth at the bottom and xij at the top of good measure so that it might sufficiently keep out the water of
those fields as of all others lying within the Precinct of the said Bank called Pokediche to be then newly made that there should be made one new Pipe under the Bank called Kirkfield diche and under the great River there and the said new Bank on the VVest side of the said Priory of Mullycourt And likewise one new Sewer from the said new Pipe through Mullycourt drove to Rightforth lode thence into North hooke and thence into the great River which runneth from Salterys lode to Bishop's Lynne And that all persons having Lands and Tenements in the said fields called Plawfield and Kirkefield should always repair clense and scour the said Pipe and Sewer so to be new made unto Kightforth lode at their own proper costs and charges when and as often as need should require And that all persons and their heirs having lands in the said fields called Budbeche and Sandy field should have one Sewer there for avoiding the fresh waters thence into Blewe diche and from Blâ—we diche unto Rightforth lode And that the same persons so having lands in those fields called Budbeche and Sandyfield should repair and clense the said Sewer unto Blewediche for the future at their own costs and chardges whensoever need should require And that the same persons their heirs and assigns having lands in the said fields called Budbeche and Sandy field as also all the said Inhabitants of those Towns of Upwell and Outwell having common of Pasture within the precinct of the same Bank called Pokediche to be so new made as aforesaid should repair and maintain the said Sewer from Blewe diche to Rightforth lode for the future at their own proper costs and charges as often as need should require And that all persons having Lands in the said fields called Plawfield Kirkfield Budbeche and Sandyfield as also all the Inhabitants of Upwell and Outwell having Common of Pasture and Fishing within the Precinct of the said Bank called Pokediche so to be new made as aforesaid should repair the said Sewer called Rightforth lode unto North hooke at their own proper costs and chardges for the time to come whensoever need should require And they likewise ordained that the Abbot of UUest Dereham and his successors should new make repair and maintain well sufficiently for the time to come one Causey of six foot in bredth Eastwards throughout all that part of his land lying betwixt the old Pokediche on the North part and a certain piece of land belonging to the Abbot of Ramsey and another pertaining to Thomas Duke of Exeter on the South part and abutting on the before-specified great River towards the East And that the said Abbot and his successors should be justified and ordered for the not making and repair of the same Causey according to the Law and Custome antiently used in the Town of UUigenhale And that the said Abbot of Ramsey and his successors should also new make repair and maintain one other Causey of six foot likewise in bredth through another piece of his land lying on the East part towards the said great River And they farther ordained that every person having lands Common of Pasture or Fishing within the land of the said Abbot and Common lode should likewise new make repair and maintain one Causey well and sufficiently viz. each man against his own land towards the said great River And for the performance thereof that they should be compelled by the Steward of Thomas Duke of Exeter for his Mannour of Stow Bardolf his heirs and assigns in the Court of Stow-Bardolf And that all the Tenants and Inhabitants in the Towns of Downham hithe Wimbotesham and Stow Bardolf should new make as also repair and maintain well and sufficiently for the time to come a certain Causey beginning in a place called Common lode and extending it self from thence to Salterys lode All which Ordinances and Agistments so made in form aforesaid the Towns in Marshland before-mentioned as also Welle Wigenhale Dounham hithe Winbotesham and Stow Bardolf did for the time to come agree for themselves their heirs and assigns to observe and hold firmly It was therefore decreed by the before-specified Justices that the Inhabitants of the said Towns which had Laâ—ds Common of Pasture or Fishing within those fields and safeguard of the said Bank called Pokediche to be new made in such sort as aforesaid should for the future be obliged to repair and maintain the same according to the form and effect of the Inquisition Ordinances and Agistments before declared and to be distrained for the time to come for the performance thereof as often and when need should require In witnesse whereof the said Henry Rocheforth and Thomas Dereham did affix their Seals thereunto VVhich Inquisition and Ordinances were exemplified by the said King Henry the sixth under his great Seal upon the xijth day of May in the third year of his reign And in respect that the ground from Salterys lode to North delfe before-specified whereon the said Bank was to be raised was then the proper soyl of the said Thomas Duke of Exeter as part of his Mannour of Stow Bardolf the said Duke in confirmation thereof did by his Deed wherein he likewise stiled himself Comes Dorcestriae Harcuriae Admirallus Angliae bearing date the Monday next aftâ—r the Feast of S. Peter ad vincula in the said first year of the reign of the same King King Henry the sixth grant and confirm for himself and his heirs to Iohn Bishop of Ely Sir Iohn Colvile and Sir Henry Rocheford Knights Richard Peverell Thomas Karvile Thomas Dru Robert Karvile and Edmund Massingham Esquires and all the Inhabitants of Wigenhale Tylney Islington Cleuchwardon Terington Walton Enmethe Walpole and Walsoken in the parts of Mershland their heirs and assigns the said Bank called Pokediche so to be new made and raised for safeguard against the said fresh waters on the North part of the River which runneth from Welle to Salterys lode and Wigenhale beginning at Salterys lode aforesaid within his the said Duke's Lordship which extendeth it self in length from thence unto Northdelfe before-mentioned viz. ground containing xxiiij foot on the South side of the same Bank for the making repairing and maintaining thereof as also sufficient ground on the North side thereof xl foot distant from the same for the repair likewise and maintenance thereof provided that they should not dig any earth on the said North side thereof for the purposes abovesaid as long as the said Bank could be fitly repaired with the earth on the South side And he did moreover grant and confirm to the said Iohn Bishop of Cly and the rest of the persons above-specified their heirs and assigns that they not any of them should be molested in their passage to and fro in the making and repair of the said Bank wheresoever there might be cause for the same Saving neverthelesse to him the said Dâ—ke and his heirs Wayfe Stray and other amerciaments for
chardges of the said Country of Marshland as oft and when need shall require the South end whereof is in defect for lack of height yet not very needfull to be exalted and made because the Hundred is sufficiently defended by a certain Bank of the Old Pow dich which extendeth from the South end of the Thwart lane aforesaid unto the River or Sewer of Welle and from thence on the West side of the said River unto the beginning of Emneth Sea-dyke at Boxsted stile which Bank of the Old Pow dich we find necessary to be new agisted that every person may have equal chardge accordingly as they now use 8 Item they say and find that all the Lands and Tenements c. in the said Hundred on the West side of the said great River and a certain field called Hawsted are defended and saved from surrounding by a certain Bank called Broken dich or Old fen dich situate in the Town of Elme in the County of Cambridge extending from a certain place at Emneth called Mill dam unto another place called Hichcock's dam which Bank for the better security of Marshland would be exalted from the corner next the Mansion house of Robert Blewick in Emneth unto Hichcocks dam one foot at the least and more where necessity should be so that the same shall be a just Levell and in bredth in the top twelve foot and by the common chardges of all the Lands and Tenements within the Salvation aforesaid 9 Item that two Pipes are laid throughout the said Bank for the drayning of certain lands on the South side of the said Bank which are to the surrounding of Marshland and the Commons of the same and ought to be fordone and broken up for that they are to the great prejudice of Marshland 10 Item they say and find that where in the first year of Henry the sixth a Decree was made before the Commissioners of Sewers then aswell for the Salvation of certain Fields called Plawfield Budbeche field Kirkfield and Sandyfield in Upwell and Outwell as also for the perfect saving and sewing of the Lands and Tenements within the salvation of the New Powdich then to be erected and on the South side of the Old Pow diche aforesaid that there should be two Gotes made under the River in Welle for the drayning of the said fields which Gotes through the insufficiency of the Sewer called Rightforth lode extending to the great River have oft overflown and surrounded and almost every winter do overflow divers Lands Tenements and Commons in UUelle and Stow-Bardolf and much damnifie the Old Powdich to the great and inestimable hurt of the Lands Tenements and Commons within the Salvation aforesaid Wherefore it was decreed by certain Commissioners that if the Lands and Tenements that way drayning do not sufficiently keep the said Sewer that the water be kept within the Bay so that the Lands within the Salvation of the said New Powdich may drayn into and by the said Sewer that then it shall bâ— lawfull to the Inhabitants of Marshland to stop up their said Gotes 11 Which Decree for that it is profitable for the said Hundred and for all other the premisses within the Salvation of the said Nâ—w Powdich we find that it is reasonable that it be ratified by the authority of this Commission of Sewers And further that it shall not be lawfull for any man to open the said Gotes or Gote before the water be fallen within the Bay so that all the premisses within the said Salvation of the said New Powdich may drayn and be sewed which lye on the South side of the Old Powdich upon pain to lose and forfeit for every such offence xl. to be levyed by any of the Dike-Reeves of Marshland or by so many of them as the said Country shall assign of the goods of every person or persons which shall open the same or their procurers or any of them towards and for the stopping of the said Gotes to the scouring of the said Sewer and to be bestowed upon the said Old Pow dich in equal proportions 12 Item they say that neither the Lord nor no Commoner shall feed any Beasts upon the said New Pow dich besides Sheep nor make any drift with Beasts upon the said Bank for inestimable hurt that may there be done upon pain of a peny for every load so driven or under the custody will or default of any keeper of any to be paid to the Dike-Reeves of the same Bank as oft as such offence is And that the Beasts there found feeding or driveÌ„ in maÌ„ner aforesaid except such as are excepted by the said Dyke-Reeves shall be distrained impounded and in pound to be kept while the owners of them shall pay the mony forfeited which shall be imployed upon the amendment of the said Bank so hurt by the drift of the said Beasts as appeareth by the Decree made then 13 Item they say and find that all the Lands c. on the South side of the said Old Pow dich and all other Lands in Welle on the West side of the River leading from Mill dam to Welle Church are saved from surrounding and do take great benefit by the New Pow diche aforesaid and therefore ought to be charged between the Priory of Mullycourt and Salters lode for their portion and profit thereby taking but are not whereby the Queens Majesties possessions and other possessions of the Country of Marshland are very much surcharged 14 Item they say that the Inhabitants of Marshland or any other that shall come to the said New Pow dich for the menuring making or repairing of the same or oversight thereof with their Carriages Horses or other things for the defence thereof ought not to be distrained or otherwise troubled by the Lords of the Fee oâ— their Ministers but that they may return in the ways meetest for them without amerciament or punishment and that way of punishment is reserved to the Lords of the Fee but Wayf Stray punishment for bloud-draught and for Hue and Cry and for taking of menure on the North side of the said Bank within fourty foot of the foot of the same Bank 15 And they say and find that the said Dyke or Bank is in defect for lack of height or bredth between the Priory of Mullycourt and North delf house in divers places of necessity defended viz. in the supposed charges of Emneth xi foot of Terington xxiij Rods of Walsoken viij Rods and a half of West-walton x Rods of Walpole xli Rods of Tylney xij Rods of Wigenhall iij Rods and xv Rods against the decayed messuage of North delf which ought to be kept by the said messuage-land to it belonging in widenesse and height equal to the said New Pow dich And from Northdelf to Salters lode in the like supposed charges of Enmeth iij Rode Walsoken xxii Walton xxxvi Walpole Lxx Teringtone Lxij West-Lynne vi Clenchwarton xvi Tylney xli Wigenhall Lx beâ—ides a certain other part likewise supposed
to be the charge of certain other lands of a C. Acres in Stowe on the North side of the Old Pow diche which is wholly in defect 16 All which Bank from Salters lode to the decayed messuage of North delf ought to be five foot above the Fen and in bredth in the bottom xviij foot and in bredth in the top xij foot And from the said Northdelf house to Mully court the said Bank ought to be in height vi foot and in bredth in the bottom xviij foot and in the top xij foot 17 And that the menure for the repair making of the same Bank ought to be taken on the South side xij foot from the foot of the same Bank saving in the time of great need and not on the North side of the same Bank but in the winter time and when for the inundation of the water it cannot be taken on the South side and then C. foot from the foot of the same Bank But because there is no punishment contained in the said Decrees for such offenders as take their menure within xij foot of the said Bank on the South side thereof whereby the foot of the said Bank in divers places is very sore diminished and the Lands and Tenements within the Salvation aforesaid much the more in peril wherefore we find it reasonable that it be now decreed that every person that shall take any menure on the South side of the said Bank within twelve foot of the said Bank except in time of great necessity shall lose and forfeit for every Rod so taken and decayed as aforesaid xs. the moytie to the finder of the same the other moytie to the Queens Majesty But notwithstanding all this care and cost so outragious were the storms and tempests which did beat upon these Sea-banks that on Monday and Tuesday the second and third of October in the year 1570. 12 Eliz. they made several breaches in them whereby all Marshland together with the Town of Wigenhale was overflowed with Salt water so that from old Lynne unto Magdalen bridge there were not left ten Rods of the â—aid Bank firm and whole to the extraordinary damage of all the Country How these breaches were made up I have not seen nor any thing else considerable touching these parts untill 39 Eliz. that there was complaint made at a Seâ—sion of Sewers then held at Beaupre Hall that in regard of the neglect of keeping the water in Rightforth lode within the Crests of the same the grounds on the North part of the said lode were in time of great inundations overflown which occasioned the Tenants thereof for avoiding of the water to cut the old Pow dike and to issue the said water into Marshland Fen to the great surrounding of the same and extraordinary losse to the Inhabitants and Commoners there It was therefore ordained and decreed by the said Commissioners that if any person or persons whatsoever should thenceforth attempt to cut the said Bank in any part thereof to the intent aforesaid or should lay any Pipe or Sluse for the waters to fall through the same other than such as were already laid should lose and forfeit to the said Queen her heirs and successors xxl. to be levyed of the Goods and Chatels of every such person upon every such default After this divers years there hapued a mighty tide upon the first day of April 1607. 5 Iac. which broke Catts banke and drowned Clenchwarton On the xvth of which month there was another Survey made of the before-specified New Pow dike together with an Agistment thereof by one Mr. Richard Atkins of Outwell which was performed very exactly by the Rod of xvi foot and an half of strict measure according to the number of perches charged upon every Town and began at the stone erected upon the said Bank neer Mullicourt corner by Saltham lake the number of perches from Mullicourt to Northdelf Close being there found to be CCCCxlix according to the large Hundred which perfectly agreed with the Books and Rolls of the Country From whence the repair of the said Bank on the South part and opposite to the said Northdelfe Close was assigned to the heirs of Sir Francis Gawdey Knight for the whole length thereof as antiently it had been And from that place it went on more towards the East from the East corner of the before-specified Close neer the Ditch unto a stone fixed nigh Salters lode which is the chardge belonging to Stow-Bardolf for those Lands called the Hundred Acres but this part was measured by the Rod of xvij foot and so accorded perfectly with the just number of perches antiently assigned to each Town of Marshland All which being done there were special Merestones set up by the said Richard Atkins which had peculiar names graved upon them by the consent of the Inhabitants and did distinguish the several proportions of the said Bank charged upon each Town And thence for the Hundred acres of Stow aforesaid unto the Ditch which compasseth the Tenement at Salters lode were xxiij perches and ten foot according to the said Rod. At which time it was agreed betwixt the Dyke-Reeves who were then in office that the proportion of the said Bank charged upon UUest Lynne should be transposed and agisted aswell above as below with Tilney and UUigenhale where the said Bank was more secure in regard that the Inhabitants of the said Town of Lynne had been found so negligent in repairing and maintaining their parts thereof And it was then also finally concluded betwixt the principal Guardians of the said Bank that this new survey assignation of parts should continue in force for ever and all formerly made in regard they were so confused to be utterly void The next year following on the xvith of August viz. 6 Iac. An. 1608 it was by a Law of Sewers decreed that a new Drayn or Lode should be made and maintained from the end of Chancelours lode unto Tylney Smethe on the South side of the Bank to the Fen-ward of the aforesaid antient Sewer which Drayn to be xij foot in bredth and four or five foot in depth Likewise that a Sluse or Gole should be made at the North end of Chancelour's lode to convey the waters of the Fen into the common Sewer And it was then also decreed that the Land-holders on the South side of Wisebeche should from that time forward â—ew and passe the water out of those their Lands lying on the said South side of Wisebeche between the River of Wisebeche on the North and Ingham field Halfpeny field and Spittâ—e field on the South and Gold banke on the West containing by estimation eleven hundred Acres of ground every year from the xxv of March untill the first of November by a Pipe of xviij inches square under the little River of Wisâ—beche at a place called New common into Enemeth field and so into Walsoken drayn and so to the Smethe
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
verdict unto them And that the said chief Guardians their Deputies or Attorneys shall swear to execute their Office for the common benefit and safeguard not favouring any And that the Distrainers should likewise swear to observe the direction of the said Guardians and be obedient theâ—eto And they also said and presented that in times past much peril had hapned to the said Town of Wigenhale through the negligence of the Dike Reeves appointed for the safeguard thereof in regard they had not sufficient Lands and Tenement within that liberty nor knowledge of the Laws and Customes of Marshland Whereupon for the avoiding of future peril it was ordained by the consent of the whole Commonalty that thenceforth no Guardian which should be chosen for the safeguard thereof should make any Deputy or Attorney to exeâ—ute his Office except he were a fit mâ—n free and sufficient to answer to the Commonalty in case any hurt might come to the Sea-banks through his neglect and default And they likewise ordained that no man should thenceforth take upon him to measure any Seâ—-banks without the oversight and assent of the Town Officers sworn thereto upon the penalty of xxs. And they moreover presented that whensoever the Commonalty should be summoned to meet for the safeguard of the Town that they which should then be present whether more or lesse in number might together with the chief Guardians or those which should then be there have power to make Ordinances for the safeguard before-specified and that the same Ordinances should be effectual and firm And that if any of the xij Jurats should make default by not meeting or to perambulate the Sea-banks for the safeguard of the Town that each of them should be amerc'd at xiid. so often as he did so neglect And in case the said principal Guardians their Deputies or Attorneys did make default each of them to be amerc'd at iiis. iiiid. as oft as he did so transgresse And if the said distrainers should not come with their Rolls of the Sea-banks and with the perch to measure them that they should be amerc'd at xxd. for every time of such their neglect And they said that when any Grunâ—egole should happen in the Banks of the Sea or Marshes and not through his default to whom the same belonged that it should be repaired by the Commonalty of the Town and the party whose Grundegole it was to be distrained until he made satisfaction And that in case any man should be refractory or a Foreiner so that no distresse could be made upon him for such default in his Bank and that the said Bank were in danger that then the chief Guardians to summon the Men-worke and make good the Bank for certain sum of money and when time should serve a distresse to be taken and detained untill three pence were paid for every peny so expended And that whosoever should have warning to repair the said Grundegole and came not he should forfeit xijd. And whosoever should not come upon summons to special Men-worke to pay xiiâ— and neverthelesse to perform the same on the morrow And they likewise ordained for the better safeguard of the said Town that Sessings should be made in the said Banks opposite to the Messuages and Walls twice or thrice every year in case of necessity for preservation of the Bank and that the persons agisted should be distrained from day to day for the due performance thereof And they said that they had time out of mind enjoyed a Cart way for Carriages in a certain place called the Bicches on the backside of the said Sea-bank for repairing the same Banks at all times of the year when need required And they also ordained that every Ditch being within lesse than xii foot of the backside of the Sea-bank should be filled up by those unto whom the same Bank lying opposite to it belonged and that the same should be speedily accomplished upon penalty of iid. for every foot And they farther ordained that for the better safeguard of the said Town no man should thenceforth make any Ditch or Pit upon the backside of the Sea-bank within xii foot upon penalty of iiis. iiiid. for every perch And that if any Hoggs should be found feeding or rooting upon the said Sea-banks they to be amerc'd for every foot id. and for each mandible id. And for Sheep or Cattel treading or depasturing thereon from Rousebeehe to Pulberys gole to forfeit id. for every foot as often as occasion should be And they also ordained that all the lands lying in the field of Sadylbowe abutting upon Seche water leswe betwixt Thefe gate and Farlow diche should raise the Stows equal with the land on each side and with Hurdles laid upon them six foot in bredth to prevent the water coming from the Sewer of Sechewater leswe from overflowing upon penalty for every Stow vid. And that the Causey extending from Newdiche through Lenne gate and B ..... milhirne on the West part to Puelldole was in decay and from Puell dole by Thefe gate and the lands of the Prior of Schouldam ....... to .... Diche and from a place called the ...... hee by Powdiche on the North-side unto the great River of Wigenhale by reason of the excesse of water coming out of the Field of Seche and Watlington In 14 H. 4. Iohn Ingaldesthorpe Iohn Harsyk Simon Baret Iohn Mannyng and Thomas Styward were constituted Commissioners for the view and repair of the Banks Sewers c. in the Hundreds of Frebrigge and Claklose betwixt the Mill at Marham and Secchithe Bridge with direction to proceed therein according to the Law and Custome of this Realm The like Commission in 16 H. 6. had William Earl of Suffolk Sir Raphe Cromwell and Sir William Bardolf Knights Will. Godered Nich. Dyxon Clerk Sir Iohn Colvyle and Sir Thomas Tudenham Knights Andrew Sperlyng Iohn Heydone and Gilb. Haltofte for all those throughout this whole County with power to make Laws and Ordinances therein according to the Law and Custome of this Realm and of Romeney marsh and to determine all things therein according to those Laws as also to imprest so many Diggers and Labourers upon competent wages as they should think necessary to imploy in those Works in regard of the expedition which the same required But farther touching this North east part of Norfolke than what hath been said I have not observedâ— untill the xviith year of Queen Eliz. reign that Sir Nicholas le Strange and Sir Robert Bell Kts with other Commissioners of Sewers for the Hundred of Clak clos made these following Ordinances upon the fourth of Aug. in a Session of Sewers held at Kings Lynne viz. That all the Banks against the great River extending to Narborough barrs to Canons fen shall be repaired and made in bredth at the bottom xvi foot at the top 4 foot and in height 4 foot and the Chanel of the River 24 foot in widenesse The like all along
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
charge of each man according to the proportion of his lands And they moreover decreed that all the Sewers belonging to every hamlet of Wisebeche from the Fen-banks to the Sea-bank should be well scoured and clensed at certain times in the year by those who antiently used to scour them so that the water might have its course to the Sea without any impediment and that all the Bridges Clows Pipes and Gutters within every of those Towns be repaired and clensed well and sufficiently in all places needfull by those unto whom they belonged as aforesaid so that no loss might accrew to any person whatsoever for default of such repair And that all Banks called Wardyches betwixt every Town of the said Hundred should be raised higher repaired and maintained well and sufficiently by those unto whom they appertain as aforesaid viz. in bredth xvi foot and of a fitting height to stop the water of each Town from other so that no damage might accrue to any of them for want thereof upon penalty oâ— xls. to be paid to the Bishop of Ely for the time being And likewise that all the Crests aswell betwixt every Field as bordering on all the Sewers of each Town within the said Hundred should be raised higher repaired and maintained well and sufficiently in height bredth and thickness by those also to whom they belonged upon the like penalty of xls. to be paid to the Bishop of Ely for the time being And that no man thenceforth should presume to cut or cause to be cut any Wardiche or Crest within any of the Towns of the said Hundred under the like penalty of xls. to be paid to the said Bishop of Ely as often as there should be an offence of that kind committed And that the river of Wisebeche should be scoured and enlarged in all places defective from Gye hirne to the Sea as often as need required by all the Landholders within the said HuÌ„dred of Wisebeche each man according to the proportion of his holding And the said Jurors also presented that the Bank called Grenedyke of Welle which beginneth at the Stone Cross in Welle and extendeth to Sewalesclote in Welle should be raised and repaired higher than it was at that time by two foot and in bredth xij by the Landholders in Budbeche each man according to his proportion And that the Abbot of Bury ought to repair one Bank in Welle leading from Sewalesclote in Welle to Lakebrigge and make it higher than it was at that time by two foot and in bredth at the top eight foot And that the Landholders in Sayerfâ—ld in Welle ought to repair a certain Bank in Welle called Thornedyche from Lowndesâ—rove to the Stone Cross in that Town and to make it higher by two foot than it was at that time and in bredth eight foot And that a certain drove in Welle called Mâ—â—sdrove leading from Grenedyke unto Pyldrove be made higher by three foot than at that time it was and in bredth xij foot by the Landholders in Budbeche within the said Drove And the said Jurors also presented that there then was and had antiently been a certain Crest in Uppewelle called Pysdrove leading from Grenedike in Uppewelle unto the great River of Welle aforesaid which Crest ought and had antiently been made and repaired by the Landholders in the said Town of Uppewelle And they said that it was necessary for the safeguard of the parts adjacent that the said Crest should be made perfect and higher than it was at that time in the lowest places by three foot and to be eight foot in bredth at the top And that all persons having Landâ— or Tenements in the Field called Rudbeche in Outwelle and Uppewelle ought to repair a certain Gutter neer unto the messuage of Simon King in Outwelle aforesaid whereby the water of Rudbeche might run into the great River of Outwelle And they also said that for the safeguard of the Lands within the said Field of Rudbeche â—hat the same Gutter ought to be new made with Stone by those persons who had Lands or Tenements in the said Field of Rudbeche Whereupon the before-specified Commissioners did decree and ordain that the said Bank called Grenedyke as also that leading from Sewalesclote to Lakebrigge and the Bank called Thornedyche with the Droves called Meysdrove and Pyisdrove should be raised and repaired in manner and form above-specified by the said parties each man according to the proportion of his tenure as often as need should require and likewise that the said Gutter lying neer the messuage of Simon King should be new made of stone by the parties abovesaid And they moreover presented that the Bank called Elmfendiche beginning at Kekysmylle and leading to Benstedehyrne hence to Tilnâ—y hirnâ— and thence to Mareysdam in Elme ought to be raised three foot higher and to be sâ—x foot in bredth at the top according to an antient agistment And that the Bank called Redmoredyke in Elme beginning at Coldham Câ—ouse and leading to Fryday brigge in the same Town ought to be well and sufficiently repaired by all the Landholders in Redmoresfield and Walyschâ—feld by new agistments to be thereof made and to be made higher by four foot than it was at that time and eight foot in bredth at the top As also that the Bank which beginneth at Fryday-brigge aforesaid on the Westside of the River and reacheth to Maryesdam ought to be made three foot in height more than it was and to contain eight foot in bredth at the top And they also presented that the Bank called the Gebrynke in Elme on the East side of the River there beginning at S. Gilâ—s Drove and extending to Fryday brigge and from thence to Mareysdam ought to be repaired and raised higher than it was at that present by three foot and to be twelve foot in bredth at the top and this to be done by the Landholders in Oldfield and Needham according to an antient agistment And that the Bank called Nedham dyche in Elme beginning at Thornedyche in Welle and extending to Coldham Kyrfe in Elme ought to be repaired and raised higher in all the low places thereofâ— so that it might be equal to the Bank of Iohn Blewyk which is upon the same Dyche And they likewise presented that all persons having Lands abutting upon a certain Sewer in Elme which leadeth from the hades of the Lands in Nedham from Fryday brigge to Knytesdyke in the same Town and thence to S. Christophers Chapel in Outewelle and thence to the Clow at the Stone Cross in Outewelle ought and had used to repair and scour the said Sewer at the hades of their Lands so that the water of Nedeham might have its course to Wellescholle And that all men having Lands betwixt Fryday brigge in Elme and Grenedyke in Welle and betwixt Bishopisdyke and Nedehamdyke in Elme ought to make and repair one Clow as sufficiently as it could be done to stop the water of Outewelle in the Winter
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
Occupiers of Lands lying in the said Towns and Parishes of Winterton and Bishop-Noâ—ton or either of them and their Heirs Executors and Administrators respectively shall continue in the peaceable and quiet possession of all and singular the said Lands and Tenements any thing before in this Act conteined to the contrary thereof notwithstanding And in case the said Sir John Monson his Participants and Adventurers and his and their Heirs and Assigns shall not within six Months next after such Iudgment Sentence or Order made and published by the said Commissioners as aforesaid upon request to be made by the said Owners or some of them perform and execute what on his and their parts shall be so ordered to be performed and executed that then the said Lords Freeholders and Owners of Lands lying in Winterton and Bishop-Norton aforesaid their Heirs Executors and Administrators respectively shall stand and be seised possessed and interested of all and singular the said Lands in Winterton and Bishop-Norton asoresaid in as full and ample manner as they or those under whom they claim bad held and enjoyed the same before the said Sir John Monson did undertake the said dreining And in case the said Participants shall not in like mannor convey to the said Sir John Monson and his Heirs the several proportions awarded to him by the said Commissioners as abovesaid That then it shall and may be lawfull to and for the said Sir John Monson and his Heirs to enter into hold and enjoy the same to the proper use of them the said Sir John Monson his Heirs and Assigns for ever And for the more fair and speedy execution of the said Commission by the time before limited Be it Enacted and ordained That in case the said Commissioners to be nominated by the said parties respectively upon a Months notice before given each to other of the time and placâ— for the execution of such Commission shall refuse to joyn and concur in the execution of such Commission that then 〈…〉 morâ— of the Commissioners to be nominated by one of the said parties only may proceed in the execution of the said Commission as fully as if the said Commissioners on both sides did agree and concur in the execution thereof Provided also and it is further Enacted and Declared by the authority aforesaid That none of the Lords Owners or Commoners aforesaid shall be sued or any wayes molested for any entries or trespasses heretofore made or done in the said five thousand eight hundred twenty and seven Acres or any part thereof set out for the said Sir John Monson and his Participants or for any entries or trespasses that hereafter shall or may be made or done upon the said five thousand eight hundred twenty and seven Acres or any part thereof untill the four and twentieth day of March next ensuing but that they and every of them are and shall be and are hereby released discharged and indempnified for the same against the said Sir John Monson his Adventurers and Participants and all and every person or persons claiming by from or under them or any of them and that the said Lords and Owners shall hold occupy and enjoy the said five thousand eight hundred twenty and seven Acres untill the four and twentieth day of March next ensuing without any disturbance to be made by the said Sir John Monson his Adventurers or Participants And be it further Enacted by the authority aforesaid That if the Commissioners of Sewers for the time being or any four or more of them shall adjudge it necessary to make any new drain or cutts through any part of the said Level and shall appoint where and how the same ought to be done that in every such case the said Commissioners or any four or more of them shall allot to every person and persons such damages as they or any four or more of them in their Iudgments shall think any such person or persons shall or may sustain by any such new cut or drain which being in the first place paid or tendred unto such person or persons it shall be lawfull for the said Commissioners or such person or persons as they shall authorise and appoint to make any such new cut or drain through any part of the said Level And it is further Enacted by the authority aforesaid That if it shall appear to the said Commissioners or any four or more of them that the Lands and Grounds in South-Ferraby in the said County of Lincolne are or shall be undermined washed away and made worse by the new Cuts Drains or outsalls That the said Commissioners or any four or more of them shall have power and are hereby authorized and required to give satisfaction to every person or persons so dampnified out of the said five thousand eight hundred twenty and seven Acres as they or any four or more of them shall think fit Exs. Copia vera Jo. Brown Cleric Parliamentorum * See the life of K. Edw. 6. by Sir Iohn Hayward p. 45. a Gen. 1.9 b 12. c Gen. 8.13 Egypt d Herod lib. 2. cap. 35. e Ibid. l. 2. cap. 19. f Strab. lib. 17. p. 786. D. g Ibid. p. 787. D. h Ibid. 788. D i Plin. 5.9 k Herod l. 2. c. 17. l Strab. p. 788 C. m Herod l. 2. â—apâ— 13. Herodotus out-lived Artaxerxes Longimanus K. of Perâ—ia Myris or Maeris reigned in the tenth Century after the floud n Herod lib. 2. cap. 137. o liâ— 2. c. 149. p Herod l. 2. c. 107. q Strab. p. 804. B. r Hero â— 2 c 158. s 2 Kings c. 23. v. 27. t Heâ—od ut supra u Liâ— 17. p. 804. B. w Exo. 15.23 x Strab. ib. y Ibid. p. 805. z 〈◊〉 l. 1â— p. 759. a 2. Chrâ— 8 1â— b 2 King 8.20 c 14 22. d 16. 6. e S. Hieâ—on de lociâ— f Strab. l. 17. p. 815. B. g Ib. p. 79â— C. h An. 1230. i Herod l. 2. c. 154 k Ib. c. 178. l Strab. l. 17. p. 791. n Strab. p. 8â—0 o Ib. p. 795. a. p Ib. p. 793. a. q Ib. p. 799. c. r Ib. p 793. a. s Diod. Sic. p. 19. B. t Herod l 2. c. 177. u Theoc. Id. l. 17. v 82. w Suet. in Aug. cap. 18. x Suet. in Aug. cap. 18. y Ioseph de bello Jud. l. 2. cap. 16. z Hist. of the World l. 1. cap. 10. Sect. 4. a C. Plin. nat hist. lib. 5. c. 26. b Ib. lib. 6. c. 26. c Ibid. d Plin. nat hist. l. 5. c. 26. e Strâ—b l. 16. p. 740. f Heâ—od l. 1. p 76. g Iâ—id Greece h Hâ—rod Polymnia l. 7. c. 129. p. 423. i Ibid. k Herod l. 2.10 l Strab. l. 10. n. 458. n Lâ—v. 43.915.922 o Plin. l. 18 c 3â— ex Cuâ—ne p Liv. l. 39. q Strab. l. 5. r Odyss l. 10. v. 158. s Hist. plant l. 5. c. 9. * An. 460. Plin. 3.5 t Liv. Epist. 49. Florus lib. 46. u Plin. l. 3. c.