where and by what places and how much each man should be obliged to maintain And that when necessity should happen by occasion whereof it might be requisite to withstand or resist the danger and violence of the Sea in repairing of the before specified Banks that the said xxiiii Iurats should meet together and view the places of danger and consider to whom the deâ—ence of the same should be assigned and within what time to be repaired And that the common Bayliff of the said Marsh should give notice to those unto whose defence the said places should be assigned that they should defend and repair them within the time assigned by the said xxiiii Iurats And if they neglected so to do that then the said common Bayliff should at his own chardge make good the said repairs by the oversight of the xxiiii Iurats And that afterwards the party so neglecting should be obliged to render to the said Bayliff double the chardge so laid out by him about those repairs Which double to be reserved for the benefit of the said Banks and the repair of them And that the party so neglecting should be distrained for the same by his lands situate within the said Marsh. Moreover in case any parcel of land should be held in common by partners so that a certain place could not be assigned to each partner for his own proportion viz. a whole or half perch in respect of the small quantity of the Land that then it should be ordained by the oaths of the xxiiii Iurats and viewed what proportion of the said land so held in common he might be able to defend and thereupon a certain portion so to be defended by the said partners in common to be assigned to them And if any of the said partners should neglect to defend his portion after admonition given to them by the Bayliff the said portion of the party so neglecting to be assigned to the other partners who ought to make the like defence Which partners to hold the portion of the party so neglecting in their hands untill he should pay his proportion of the costs laid out about the same defence by the oversight of the xxiiii Iurats and also double towards the Commodities of the said Banks and the repair of them as aforesaid And that if all the partners should happen to be negligent in the premisses then that the common Bayliff before mentioned should make good the whole defence at his own proper costs and afterwards distrain all those partners in double the chardges so by him expended in the said defence by view of the xxiiii Iurats as aforesaid Saving to the chief Lords in the said Marsh the right which they have against their Tenants touching this defence according to their Feoffments And lastly that all the lands in the said Marsh be kept and maintained against the violence of the Sea and the floods of the fresh waters with Banks and Sewers by the Oath and consideration of xxiiii Iurats at the least for their preservation as antiently had been accustomed About this time I find that the K. had advertisement that his Haven of Rumenale was in great danger of destruction to the no little damage of the publick and excessive annoyance of the Town of Rumenale unlesse the course of the River of Newendene whereupon the said Haven was founded being then diverted by the overflowings of the Sea were reduced to the said Port And that he was informed by an Inquisition made by Nicholas de Handlon whom he had sent into those parts to provide and ordain in what sort the said stream might be again brought to the same Haven by it's antient Chanel or a new one to be made that it could not be so reduced nor the said Haven preserved for the common benefit of the said Port and Town except certain obstructions which were in the old course of that River were removed and that a new Chanel were made neer to the same old course viz. from a certain Crosse belonging to the Hospital of infirm people at Rumenale standing by Aghenepend unto Effetone and from Effetone to the house of William le Byll and so to Melepend and thence descending unto the said Port so that a Sluse be made under the Town of Apeltre for reception of the Salt-water entring into the said River by the inundation of the Sea from the parts of Winchelsea and for retaining thereof in it's passage and recourse to the Sea to the intent that the same water might come together with the fresh water of that River by the antient course into the before specified new course and so by that passage directly to descend and fall into the said Haven And that another Sluse should be made at Sneregaâ—e and a third neer to the said Port where that water might descend into the Sea for restraint only of the Sea-tide on that part that it enter not into the said course but reserving the antient and oblique course from the said Crosse to the before specified Haven The King therefore providently desiring the common profit and safe-guard of the said Port by his Precept dated at Oxford the xxith of Iune commanded the said Nicholas that he should repair in his proper person upon a certain day assigned unto those parts together with the Shireeve of Kent unto whom the said King had thereupon sent his Writ and by the Oaths of xxiiii aswel Knights as other free and lawful men of the neighbourhood by whom the truth might be the better known to make estimation how much of other mens lands would be necessary to be taken for the making of the said new Chanel and Sluses and what those lands were worth by the year and to make speedy assignation to the Tenants of those lands to the value of the same lands or more out of the lands or mony of the Barons and honest men of the said Port as also to remove the said obstructions in the old Chanel and to make the said new Chanel and Sluses in the lands of whomsoever it should be requisite for the common benefit and advantage of the said Port and Town of Rumenale as aforesaid And the said Shireeve of Kent was likewise commanded that he should diligently assist and attend the before specified Nicholas in this businesse and to cause the said xxiiii Knights and others of the neighbourhood as aforesaid to be before the said Nicholas at the same day and place But notwithstanding those Ordinances so made by the said Henry de Bathe for the defence and preservation of this Marsh and taking distresses for that purpose And also notwithstanding the former Precepts from the King to the Shireeve of Kent forbidding him to intermeddle at all with any more distresses so taken as I have at large already shewed it appears that the Shireeve did again make Replevin of some distresses taken by virtue of those Ordinances For in 43 H. 3. I find that the King issued out another Writ
course of time when they issued out viz. To Robert de Setvans William de Hastings and William Maufe in 27 E. 1. To Henry de Appletrefeld Robert de Setvans and others in 28 E. 1. In 30 E. 1. to Luâ—as atte Gate Robert de Setvans Will. Maufe and William Colebrand In 31 E. 1. to Robert Paulyn Robert de Septem Vannis Will. de Hastings and Lucas atte Gate In 32 E. 1. to VVill. de Echingham Robert de Passeleye and Henry VVardeden As also to Iohn de Buran VVilliam Maufe and Lucas atte Gate In 34 E. 1. to Iohn Malemeyns Lucas atte Gate and Robert Paulyn for those Banks Ditches c. in the Marshes of Pychardesbroke and Kechenhammebroke and elswhere in the said Counties In 35 E. 1. to VVill. Pyrot Iohn Malemeyns Iohn de Gosehale and Henry de Bugthorpe In 1 E. 2. to Iohn Malemeyns Lucas atte Gate and Robert Paulyn for the Banks c. in the Marshes of Mayhamme and Losenhamme In 7 E. 2. to Iohn Malemeyns of Stoke Robert de Echynghamme and Mathew de Knelle for those on both sides the River of Newendene betwixt Mathew and Bodihamme bridge In 10 E. 2. to Robert de Bardelby and Edmund de Passele for those in the Marshes betwixt the Redehulle and the Town of Roberts-Brigge on each side the River Lymene In 14 E. 2. to Iohn de Ifeld Iohn Malemaynes of Hoo and Richard de Echiâ—ham for those in the Marshes betwixt the Town of Apuldre and Roberts-Brigge on each side of the said River of Lymene In 17 E. 2. to Stephan de Cobham Iohn Filoll VVill. de Robertsbrigge for the same So also to VVill. de Echyngham Robert Bataill and VVilliam de Robertsbrigge About the beginning of E. 3. time it being found by an Inquisition taken before VVill. Truslell then the King's Eâ—caâ—tor on this side Trent that the Chanel of a certain River running betwixt the Lands of Geffrey de Knelle and Isabell Aucher between a certain place called Knellesflete in the confines of these Counties and the Town of Robertsbrigge in Sussex was so much enlarged by the flowing of the Sea-tides into it that six hundred and fifty acres of land part belonging to the said Geffrey and part to others were thereby totally drowned and consumed And that a certain Causey which is the common high way lying betwixt the Land of Iohn de la Gate in the said County of Sussex and the bridge of Newendon as also the said bridge were broken and demolished by those tides and moreover that divers lands in the said parts would in a short time be drowned and destroyed except a speedy remedy were had And likewise that it would not be to the damage or prejudice of the said King or any other if he did grant license to the said Geffrey and Isabell and to other persons having lands contiguous to those places to exclude the said tides and to raise a Bank at Knellesflete aforesaid betwixt the lands of the said Geff. Isabell in that place to resist the said tides for preservation of the lands way bridge aforesaid to the end that the antient course of that River might be preserved by sufficient Gutters placed in that Bank And that unlesse it were by such an exclusion of the Tides by making of such a Bank that the said Lands way and bridge could not be in safeguard The King therefore being careful in all respects to provide for the defence of this his Realm as was fit granted license to the said Geffrey and Isabell as also to all those who were like to have advantage by that exclusion that they should raise a certain Bank at Knellesflete before-mentioned for that purpose and to make sufficient Gutters therein for the issuing out of the said fresh water and to repair the same Banks and Sluces being so made when and as often as neâ—d should require In 10 E. 3. VVill. de Robertsbrigge VVill. de Recolvere Ioceline de Gatele and Robert Bataille were constituted Commissioners to oversee the making of certain Sluces Banks and Guttâ—rs for the safeguard of the lands of divers Tenants in the Towns of Wightresham Idene and Pesemershe and to assesse all such as had lands in those parts which were to take benefit thereby for the performance of that work according to the proportion of what they held About the same time upon another Inquisition taken it being certified that by the ebbing and flowing of the tides into a certain stream of fresh water running betwixt the Lands of the before-specified Geffrey de Knelle and Isabell Aucher between Knelleflete above-mentioned and the said Town of Robertsbrigge six hundred and fifty Acres of Land belonging to the said Geffrey and others were drowned the King thereupon granted the like license to the said Geffrey and Isabell to raise a certain Bank at Knellesflete to restrain those Tides as also to make Sluces and sufficient Gutters for evacuation of the said fresh water so that the antient course thereof might be preserved And afterwards did appoint Roger de Bavent Roger de Hegham Thomas de Lincolne and Will. de Northo to oversee the making of that Sluce and raising of the said Bank and â—o ordain assessments and to distrain all such as by the said Inquisition should be thought needful to contribute to the chardge of that work according to the proportion of their holding which Banks Gutters and Sluce being accordingly made and the said King informed that they were grown to decay did by his Letters Patents bearing date at the Tower of London on the 8th day of Ianuary in the said tenth year of his reign constitute Will. de Orlauston Thomas de Gillingham Stephan de Padiham and Iohn de Betenham to take view of them and to provide for their repair But in 22 E. 3. there being a Petition presented to the King on the behalf of Iames de Echingham and on the morrow after the Feast of S. Hillarie exhibited before the said King and his Councel in his Parliament then held at Westminster importing that those Lands might have been preserved by the repair of the old Banks on the verge of that River and that the Bank made by virtue of the said King's Letters Patents before mentioned which thwarted the said stream was raised aswell to the damage of the said King as of him the said Iames forasmuch as thereby such ships and Boats which had used to passe with victual and other things from divers places in these Counties of Kent and Sussex unto his Mannour of Echingham through this Chanel were then hindred as also to the destruction of his Market Town of Salehurst situate upon the said River and of his Market there which by the course of that water had been supported and out of which the said Iames and his Ancestors had used to receive Toll and many
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
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
shall so require the charge to be raised in manner following viz. That all and singular persons having lands lyable to the danger whether situate neer or far off forasmuch as they have preservation by those Banks and Water-gangs they shall contribute for the quantity of their Lands and Tenements either by number of Acres or Carucates according to the proportion of what they hold so that to no Tenant of these Lands or Tenements be he rich or poor or of what order state dignity or condition soever either within Liberties or without any favour shall be shewed in this matter 4. That in every place for the levying of the said costs and chardges and faithfully laying it out upon the said Banks and Water-gangs two lawful persons out of the said sworn men to be assigned who together with the Bayliffs of the Liberties or Lords of the Fee shall make distresses for the same 5. And when the before-specified Banks shall be according to the Ordinance of the Iurats so repaired at the common chardges that there shall be assigned to every man his peculiar portion of the Bank by certain places and bounds to be sustained at his own proper costs according to the quantity of his Tenement and number of Acres subject to that danger so that it may â—e known where and by what places and to what portion every man is so obliged to make defence 6. And if any shall be negligent in paying their portions of the said contribution at the day appointed by the Iurats for that purpose or in his portion for repair of the Banks that he be distrained by his goods and Catalls wheresoever they should be found within Liberties or without till he have contributed his share and paid his chardge of the said Banks with double costs Which double to be reserved for the common benefit of the like repairs in those parts 7. And that those distresses shall be made by the Collectors of the said costs together with the Bayliffs of the Liberties or Lords of the Fee And being so made to â—e kept for the space of three dayes at the most if they upon whom they shall be made be stubborn or negligent for so longtime and then forthwith sold in respect of the perillous rage of the Sea imminent 8. And if aswell the Collectors as Tenants shall be found negligent in performing the premisses that then every Lord of the Fee within the compasse of his Fee shall cause the said Banks and Water-gangs to be repaired at his own proper chardge and the costs that he shall be at therein together with the double thereof he shall cause to be levyed upon the goods and Catalls of those that are negligent for his own use 9. And that no Shireeve of Kent for the time being or his Bayliff or Officer shall take any distresse touching the Banks and Water-gangs in any Marshes nor thenceforth meddle at all neither with the distresses taken by the Lords of the Fees Bayliffs of Liberties or Collectors of the costs or contributions to the said Banks and Water-gangs nor distrain them by Writ of Replevin nor deliver them by surety or pledge any manner of way 10. And it was also ordained and concluded that if the Iurats so chosen for the custody of the Banks and Water-gangs whether they shall be of this Marsh of Romenale or of other maritime Lands do refuse to come at the Summons of their Bayliffs for the necessary repair of the said Banks and Water-gangs they shall for that their negligence be punished by their Bayliffs as in this Marsh of Romenhale they had been heretofore accustomed 11. And that the Collectors also of the costs bestowed in repair and support of the Banks and Water-gangs after the said repairs are perfected shall forthwith make their accompt before the Iurats and Bayliff of that Country aswell within the Marsh of Romenhale as without of all monies assessed and levyed for the before-specified repairs as also for the double whensoever it may fortune to be levyed And if they shall not so do then to be distrained by the Bayliffs of the Country or place to make accompt thereupon Saving alwayes to the chief Lords of the Fees their right which they have and hitherto had wont to have touching the defence of their Lands according to their feoffments of levying the double according to antient custome used as it is contained in the Ordinace of the said Henry de Bathe In testimony whereof Sir Walter de Ripple and Sir William de Haute Knights Adam Wastechar William Wasteâ—har William le Ros Guy de Trulegh Iohn Amfrey Peter de Maryns Thomas le Reade Thomas Elys Hugh de Suthlonde Richard Ion William Collol Henry de Bettesangre Iordan Collol Iohn atte Ware Hamon atte Porte Iohn Sprott Iacob de Pastre Iohn de Mossederme Henry Kenet Thomas le Frensse Henry Woodman and William de Mereworth did put to their Seals That the Ordinance of the said Henry de Bathe for preserving this Marsh as it was in no mean esteem we see by all those of the Country whom it immediately concerned so had it a high regard with the succeeding Kings of this Realm as by their Confirmations thereof of which I shall in due place take notice will appear The first of which Confirmations was made by King Edward the second whose Charter for that purpose beareth date at Westminster the xxiijth of November 7 E. 2. In which he first makes mention of his Grand-father K. Henry the 3ds Patent in 36º of his reign whereby he declareth his Royal pleasure that no Shireeve of Kent shall intermeddle with such distresses as should be taken for the repair of the Banks and Water-gangs of this Marsh. And next in that of 42º which expresseth the occasion of his sending Hen. de Bathe his Justice into those parts and at large reciteth the said Ordinance thereupon then made by the said Henry And then concludeth thus Nos attendentes quod impetus maris in partibus illis plus solito jam accrevit c. i. e. We therefore taking into consideration that the violence of the Sea in those parts is grown greater than it had wont to be by reason whereof it 's necessary that a more diligent regard should be had for the reparation of the said Banks Forasmuch as by a breach in them though but small should it happen as God forbid an inestimable and inrecoverable losse must needs accrue to us and the men of the said Marsh. Purposing therefore to make prevention of such damage and peril and to provide for the safeguard of those parts aswell for our own benefit as the commodity of the said Marsh-men as we are obliged to do we do for us and our heirs as much as in us lyes ratifie and confirm all and singular the things in the said Letters Patents of our said Grand-father and the before-specified Ordinance contained Willing and commanding that no Shireeve of Kent or any of his Bayliffs
Jurats appointed the said whole Commonalty then and there being that they should make choice of one Bayliff and xij trusty and lawful men viz. six of the Hundred of Eastrie and six of the Hundred of Eornilo having Lands lying in peril of the Sea within the precinct of those Hundreds Who being accordingly chosen did â—orthwith swear that they would faithfully perform all things which on the King's behalf might therein be enjoyned Whereupon the said Commissioners appointed them that they should upon their Oaths justly measure all the Lands aswell of the Lords as Tenants which lay in danger of the Sea within those places And having so done that then the said Jurats should cause the said Banks and Sewers to be made at the common chardge of all those which had Lands in those parts within the compasse of that danger for the safeguard of them from the like peril and defence of the Lands lying so in danger And moreover that they should frequently oversee those Ditches and Sewers and cause them to be kept in repair at the common chardges as aforesaid whensoever need should require And if any of the said xij Jurats should happen to dye or could not attend the care of the said Banks and Sewers that then another of the same Hundred should be forthwith chosen by the rest of the surviving Jurats in each hundred and sworn to perform all the premisses faithfully and diligently together with the said other Jurats According to which Ordinance the said xij Jurats of the before-specified Hundred of Cornylo did then cause all the Acres of Land and Marsh lying in the said Hundred and in the peril of the Sea to be measured the number whereof were as followeth viz. Acres Belonging to the Abbot and Covent of St. Augustines in Canterbury CLiii The Tenants of Scholdone Ciii The Tenants of Northbourne Lxx. The Tenants of Fenglesham Lx. Dionyse de Foulmed Cx. Thomas de Bonyngton xcii Smothemershe contained in it self xlv Mennese of Cornylo contained Liii Collol and Laurence Marscall had one Marsh called Calhill containing iiii The Tenants of Dale CXLvi Brokes of Monyngeham x. The Fee of Scholdone CLv The Prebend of Dale xlii The Chamberlain of S. Augustines of Canterbury xiii The Tenants of Lydene in the whole CCxxxiiii The Prior of Dovor and his Tenants CCCvi The Abbot and Covent of Langedone xliii The Cotiers of Northbourne Lix The total of all the Acres MDC The total of the Assessment xxxvl. viiis. iiijd. In like manner did the same Jurats measure the Lands lying within the the Hundred of Eastrie wherein they found that Acres The Prior and Covent of Christ-church in Canterbury had in the whole CCCCiii The Tenants of Halklyng Lx. The Tenants of Worthe XC Likewise towards Henelyng iii. The Field called Herynglond x. The Field adjoyning to Herynglond on the North xv In one Marsh called Garestoft xxv In the Marsh called Stapynberghe Cviii. In the Marsh called Prestemed xv In the Marsh from Hamme bridge to the curtilage of Iohn Feykyn L. The total of all the Acres DCCLxxix The total of the Assessment xvil. iiiis. viid. Acres Sir Bertram de Trauncrey and his Tenants Lviii Iohn Fitz Bernard xl Nicholas de Sandwyche â—xxxix The Heirs of Simon de Ercheslo L. Thomas Edwards and his Partners at Sanddowne Cxxxiiii The Heirs of Henry de Schenebroke vi The total number of Acres CCCLxxvii The total of the Assessment viil. xviis. id. The total of the Acres in both Hundreds MMDCCCLvii Acres The total of the whole Assessment Lixl. xs. In the same year viz. 17 E. 1. William Barry of Rolvyndenne complaining that whereas one William de Potone in respect of his Lands lying within the Marsh of Neubrok and Rolvyndene neer to the Sea coast betwixt Smalhede and Mayhamme ought to repair and maintain certain Banks Ditches c. for the defence of his Lands and Tenements and of others having lands in that Marsh against the violence and rage of the Sea and that the said William de Potone notwithstanding that himself and his Ancestors had alwayes wont to repair and maintain them did then withdraw himself from so doing the King therefore by his Letters Patents bearing date at Ledes xxi Aug. did constitute Henry de Appeltrefeld Robert de Savauuz and Henry de Ledes his Commissioners to enquire the truth thereof and to make redresse accordingly The next year following upon the like complaint of Osbert de Forshamme Hugh de Herindenne and Eustace de Casinghamme that whereas Iohn Malemeins by reason of his lands in Rolvindenne aforesaid lying neer the Sea coast betwixt Mayhamme and Newindenne ought to repair and maintain certain Banks Ditches c. for the defence of the said Lands and the Lands of others against the force of the Sea he the said Iohn notwithstanding that himself and his Ancestors had usually so repaired them did maliciously neglect so to do by means whereof the said Osbert and others holding Lands in those parts did through the violence of the Sea undergo grievous and intolerable losses the said King by his Patent dated at Kings-Clipston 30 Oct. 18 E. 1. appointed the said Henry de Apletrefeld and Bertram de Tancre his Justiceâ— to enquire and make redresse thereof The like Commission upon the complaint of William de Barry of Rolvyndene against the said Iohn Malemeins who by reason of his lands in the Marsh of Westbroke ought to have repaired certain Banks and Ditches there and neglected so to do was directed to the before-specified Henry and Bertram In the same year 8 Dec. Hugh de Blund Iohn de Dovor and William de Gatecumbe were constituted Commissioners to oversee the Banks Ditches c. lying on the Sea-coast within this County of Kent And the next ensuing year upon a farther complaint made by the before-specified Osbert de Hamme and others against the said Iohn Malemeyns for his neglect to repair the Banks and Ditches betwixt Mayhamme and Newindenne formerly mentioned the said King by his letters Patents dated at Asherugge associated Wil. de Gaselhamme to the said Henry and Bertram to make a new enquiry thereof In 20 E. 1. the King being informed that Richard Ferynge Parson of the Church of Lymene having by reason of his Lands and Tenements belonging to his said Church at his own proper costs repaired and was still ready so to do a certain Bank at Westhethe situate neer the Sea-coast as often as need required and that therefore he ought not to contribute to the repair of any other Banks forasmuch as neither himself nor his Predecessors Parsons of that Church had ever been accustomed so to do And that neverthelesse Iohn de Chert Bayliff of Romenhale Marsh and the xxiiij Jurats of the said Marsh had newly distrained him together with others of those parts for the repair of the Banks and Ditches neer the Sea-â—oast at Appeldere the said King herefore not willing that the said Parâ—on should suffer wrong therein granted
common Forland as before that time had been used upon which such carriages as should be necessary for the repair maintenance or making of those Walls might without impediment be made And likewise the said Jurors being in form aforesaid sworn did severally say that the Land-holders in the said Marsh called the Becard who ought to pay and contribute to the repair and maintenance of the Banks within those limits except before excepted had not any way by which they might go ride or drive to that Marsh nor from it except over other mens Lands or upon the Banks or Forland leading thence to and from the said Marsh. And they said that according to the Custome of the Marsh-law there in all such cases before that time used the Tenants of that Land at their pleasure might go ride and drive to and fro to the said Marsh and from the said Marsh over and upon the Forland of the Banks leading to the said Marsh and from the same And as to the number of Acres or partition of the Lands and Marshes c. within those limits except before excepted or of the certainty of the Land-holders and how much land every such Tenant had or held of the said Lands and Marshes within the said limits except before excepted the said Jurors did severally present the certainty thereupon according to the form and as it was contained in the Books of Sewers within those limits except before excepted then exhibited before the said Justices And thereupon the said Iohn Fogge Iohn Scotte and others to the number of eight of the said Justices forasmuch as upon their said view and inquisitions aforesaid made and taken in form aforesaid it evidently appeared to them that the said Lands and Marshes within those limits except before excepted were lyable to the danger of drowning by default in repâ—ir and maintenance of those Banks whereupon in short time inestimable damage might accrue unless a fitting remedy in that behalf were the sooner had and that all the Lands and Marshes within those limits except before excepted might very well be preserved and defended by the repair and support of those Banks and by the making of Sewers Ditches and Gutters in those Marshes from the danger of the Sea and the flouds of fresh waters to the great commodity of all the Landholders within those precincts except before excepted and that in default of such repair and support of those Banks and every of them all the lands and Marshes those excepted as aforesaid would be in peril of the Sea and easily overwhelmed to the inestimable losse of all the Landholders there whereby all those Tenants except before excepted ought equally to contribute to the cost and chardge of such repair and maintenance for the safeguard and defence of their lands and Marshes there from this peril and inundation viz. every one of them according to the proportion of what he held as his number of Acres and Perches of land there as in the said Marsh of Romeney according to the Ordinances Statutes and Customes thereof had and to that time used in the like case there had wont and ought to be done Considering besides that the said lands and Marshes lying within those limits except before excepted were never before setled under any certain and fit Statutes or Ordinances by any Authority for their secure defence and preservation And moreover forasmuch as the said King desiring seasonably to provide for the safeguard of this his Realm and chiefly for those parts upon the Sea-coasts in his Parliament held at Westminster the sixth of October in the xijth year of his reign and by divers prorogations continued till the first day of May in the xiiijth year thereof by the assent of the Lords Spiritual and Temporal sitting in the said Parliament at the Petition of the Commonalty of this his Realm then and there exhibited to him amongst other things ordained and constituted that several Commissions of Sewers should be issued out to sundry persons by the Chancelour of England for the time being throughout all the parts of this Realm where need should require according to the form of a certain Commission in a Statute made in the Parliament of Henry the sixth in Deed but not in Right King of England held at Westminster in the sixth year of his reign And that the said Commissioners should have full Power and Authority to make ordain and constitute Statutes and Ordinances and to perform all other things according to the power and effâ—ct of those Commissions as in the said Statute of the said xijth year published is more fully contained Whereupon the said King issued out his Letters Patents to the before-specified Sir Iohn Fogge and the rest of the Justices before-mentioned in form aforesaid the tenor of which Petitions and answers thereto and of the Statutes Ordinances and Customes of the said Romeney Marsh were contained in a certain Roll annexed thereunto Having also regard to the publick advantage and common profit aswell by virtue and authority of the said Statute published in the said xijth year as of the said Letters Patents as aforesaid hereupon made to the before-specified Justices in form aforesaid and other premisses that it would seem just and equal to them in this behalf and most consonant to reason to establish and ordain what should be most proper for the avoiding of the perils and damages abovesaid calling together such as the businesse concerned for the perpetual safeguard and preservation of the said lands and Marshes within those limits except before excepted by the assent aswell of all those Jurors of the Enquest aforesaid appearing before the said Justices who had lands within the limits aforesaid lyable to the said danger to be preserved in form aforesaid as also of very many Lords of Fees and other Land-holders there being on the said Friday at Lyde aforesaid in pursuance of the said King's Royal purpose for more advantage and lesse detriment the said Justices did provide make and publish certain proper and commodious Statutes and Ordinances for the King's people and especially for all the Land-holders in those grounds and Marshes within the said limits except before excepted not favouring any person therein to endure and be observed for ever as followeth First it was decreed and ordained by the said Iustices with the consent aforesaid that thenceforth and for ever there should be within the Lands and Marshes aforesaid within the limits aforesaid except before excepted two Bayliffs twenty four Iurats two Collectors and two Expenditors of the Land-holders within those limits except before excepted for the preservation safeguard and defence of the said Lands and Marshes except before excepted and of the Banks belonging thereto By the consideration of which said xxiiij Iurats ten or eight of them at least the said Lands and Marshes except before excepted ought to be governed kept defended and preserved from the peril of the Sea and inundation of the fresh maters by Banks
Commonalty And in like manner at either of the said principal and general Lasts there should be yearly made an Accompt of the Bayliffs aforesaid before the said Lords of the Fees or their Attornies if they would be present thereat and before those of the Iurats and Commonalty as would also be there present viz. of those things whereof it should happen or concern the said Bayliffs to make Accompt that is to say to be made by Indentures betwixt them the said Bayliffs and the said Iurats Commonality The Oath of the xxiiij Jurats It was likewise decreed and ordained that every one of the said xxiiij Iurats to be elected in form aforesaid should swear that he together with his Fellows would make right Iudgements Decrees and Awards not favouring any rich or poor aswell for making distresses and assessing of Taxes as of the Banks Land waters Water-courses Sewers Ditches Gutters and Bridges to be made repaired and maintained or taken away and of all other impediments whatsoever within those limits which should happen to be removed and for punishing offenders And it was farther ordained that the said xxiiij Iurats should make exercise and perform and have full power and authority in making exercising and performing all and singular the things specified in the said Oath to be by them done exercised and performed That the xxiiij Jurats be observant to the Bayliff Also it was decreed and ordained that the said Iurats or three or two of them should attend the Bayliffs for the valuing and selling in places accustomed or that should be thereafter assigned for that purpose the distresses taken and impounded for three dayes at the most and that they should cause to be enrouled all Iudgements Decrees and Awards by them made and cause Indentures thereupon to be made betwixt themselves and the said Bayliffs for the time being The Oath of the Collectors and Expenditors It was also decreed and ordained that the Collectors and Expenditors to be chosen as aforesaid should swear that they would faithfully levy collect expend and Account in form aforesaid for all Taxes assessed or to be assessed before the said Lords of the Fees and by the said Bayliffs and ten or eight at the least of the Iurats aforesaid according to their Ordinance And the like observance to be made in all Sewers within the before-specified limits except before excepted before the Lords of the Fees touching every such Sewer if they would be present thereat And it was ordained and decreed that the said Collectors and Expenditors should make exercise and perform and have full authority and power of making exercising and performing all and singular the things specified in this Oath to be done exercised and performed The Oath of the Bayliffs and executions to be made by them It was also decreed and ordained that the said Bayliffs chosen or to be chosen as aforesaid should swear to make faithfull execution of the Iudgements and Determinations of the said xxiiij Iurats ten or eight of them and of those things which did or should belong to them to judge determine and award And that the said Bayliffs in their proper persons should chardge all the Collectors aswell of the general Assessment as of the several as aforesaid upon their Oaths that they should faithfully levy collect expend and accompt for the same And that the same Bayliffs in their proper persons should take view of all the Banks Water-gangs Sewers Gutters and Bridges within the before-specified limits except before excepted as often as need required at least twice in the year viz. once in the moneth of January and again in the moneth of May. And that they at the going out of their Office should deliver unto their successors all the evidences in their custody that is to say the Charters of the Kings of England if they had any such in their hands the Ordinances and Statutes of the Lands and Marshes within those limits before-specified except before excepted the Copies or Exscripts of the said Statutes and Ordinances the Roules of Iudgements Considerations Decrees and Awards of the said xxiiij Iurats ten or eight of them and the Rents with all the processe of Accompts of the Bayliffs Collectors and Expenditors whatsoever had in their time And it was also decreed and ordained that the same Bayliffs should do exercise and perform and have full power and authority of doing exercising and performing all and singular the things specified in this Oath which were for them to be done exercised or performed That Damms or Fords be not made It was likewise decreed and ordained that it should not be lawful to any one for the future in the said Lands and Marshes within the limits aforesaid except before excepted to make Dams or other impediments in any Lands or Land-eas Water-gangs Ditches or common Gutters there whereby the common course of the waters might in any sort be hindered or any publick damage grow there and if any such thing were done and the same witnessed by the said Bayliffs and six of the said xxiiij Iurats the party delinquent be amerc'd and the amerciament levyed by the said Bayliffs to the common profit aforesaid And moreover if any other than the Commonalty of those Lands and Marshes within the said limits except before excepted did receive prejudice therein he should make satisfaction to the party wronged at the discretion of the said Bayliff and six Iurats aforesaid That the Taxes Assessed be proclamed It was also decreed and ordained that every Tax assessed in the said lands and Mar within those limits except before excepted be publickly proclamed in certain places there and that the dayes and place of payment be thereupon assigned and proclamed to the end that ignorance may excuse none when and where within the precincts aforesaid those Taxes ought so to be paid The buying of Acres It was also decreed and ordained that every Acre in the said Lands and Marshes within the limits aforesaid except before excepted being necessary for the Banks in-Ditches and Water-gangs to be therein made should be bought for xls. and measured by a rod of twenty foot And that if before that present Friday any Bank called a See Wall should be raised within those Lands and Marshes except before excepted upon or of any mans land there or that any Forland or in-ditch should be made for the defence and safeguard of the said Lands and Marshes except before excepted from the peril of the Sea and that it were fit or expedient that the said Bank Forland or in-ditch for this defence and safeguard to be longer maintained and kept so that the Land-holdeâ— upon whose ground that Bank was raised or where the said Forland or in-ditch were made could not occupy the said Land and receive his peculiar profit thereof and that such Tenant had never any satisfaction for the said Land it was decreed and ordained by the consent abovesaid that the same Bank Forland and in-ditch should be raised and kept
in form aforesaid as long as it should be meet so to be done for the safeguard defence aforesaid And that for every acre of the common measure xls. as aforesaid be paid to the Tenant of the said land where the same Bank Forland or in-ditch was so placed And if it should happen so hereafter that there were any other defence on the out-side the said Bank and Forland by the casting up of the Sea or otherwise to be made for the avoiding the danger of the Sea so that thenceforth there were no need of maintaining any such Bank Forland or in-ditch nor longer keeping thereof in form aforesaid it should then be lawful for the said Land-holder and his Heirs to repossesse his said Land again and use it as he pleased paying to the Bayliffs aforesaid for the publick commodity asmuch as ought to be paid to the said Tenant for the same Land in form aforesaid And in like manner to be done concerning the Land upon which or where any Bank Forland or in-ditch by virtue of the Statutes and Ordinances aforesaid within those limits should happen to be made in form aforesaid to be avoided And that it should not be lawful for any man to take away to his own peculiar work or any other place any workmen imployed in the publick work for the safeguard of the said Lands and Marshes except before excepted before such time as the said publick work were compleated And if it hapned that any person were convicted hereupon by the testimony of the said Bayliffs and six of the said Iurats that he be amerced in the common Last in x s which money to be levyed forthwith by the said Bayliffs to the common utility aforesaid Likewise it was decreed and ordained that all the Sewers in the said Lands and Marshes within the limits aforesaid except before excepted should be so kept in every place that the water might not run out of it's right course there to the damage of any one upon penalty of the quantity of the offence to be levyed by the said Bayliffs to the common benefit as often as any one should in the principal and general Last be convicted thereof by the testimony of the said Bayliffs and six of the said xxiiij Iurats And it was also decreed and ordained that the Bayliffs Iurats Collectors and Expenditors of the said Lands and Marshes within the before-specified limits except before excepted should for the time being do and execute and have full authority and power of doing and executing within the said Lands and Marshes except before excepted viz. in the premisses and all other things for the continuall conservation defence and safe custody of those Lands and Marshes except before excepted and of the said Banks and other things fit and profitable for the defence safeguard and custody thereof viz. in making orders and doing other things in the Lasts aforesaid in laying of Taxes and Lots and the taxing and levying of them their Wanes and double taking of distresses detaining prizing and selling thereof choice and removal of all Officers as also of imposing of penalties and punishments and of all other things necessary and profitable for the safeguard and defence of the said Lands Marshes and Banks except before excepted and of all other things proper for those safeguards and defences viz. according to the form of the Ordinances and Statutes aforesaid and in such sort as according to the form of the before-mentioned Statutes Ordinances and Customes of the said Romeney marsh and the Concessions for the preservation defence and safe custody of the said Marsh of Romeney had used there to be done no Custome by any person formerly introduced notwithstanding Provided alwayes that if hereafter at any principal and general Last within the limits aforesaid in form aforesaid it should seem more expedient to the Lords of the Fees within those limits except before excepted for the time being or the greater part of the Lords of the Fees to have one Bayliff than two of and in the said Lands and Marshes except before excepted to do and exercise all things there according to the form and effect of the Oath and chardge of the Bayliffs above specified that then it should be performed in that behalf as it should happen to be ordained and decreed by the said Lords of the Fees or the major part of them And in like sort if thenceforth it should seem more expedient to the said Lords of the Fees or the greater part of them and to the said Iurats or the major part of them to have fewer Iurats than xxiiij or one Collector and not two or one Expenditor and not two of and in the Lands and Marshes within the limits aforesaid except before excepted to do exercise and perform in the premisses according to the form and effect in the Oaths of the said Iurats Collectors and Expenditors specified that then thereupon it should be so done on that behalf in such sort by the said Lords of the Fees or the major part of them and the said Iurats or the major part of them as should happen to be ordained done or decreed any thing in the premisses notwithstanding The Penalty of making rescue from the Bayliffs xxiiij Jurats or any of the Officers aforesaid It was likewise decreed and ordayned that if any person should make rescue or give resistance to any such Bayliff Iurat Collector or Expenditor of any distresses whatsoever taken or to be taken or any other things to be done or executed by them or any of them through pretext of the Ordinances and Statutes aforesaid or any of the premisses and that thereupon the party were convicted by the testimony of the said Bayliff and six or eight of the said Iurats or Dike-Reeves where any such distress should happen to be taken he should be punished by an amerciament of xs. of his goods and Catalls Lands and Tenements by the Bayliffs aforesaid to be levyed for the common profit aforesaid And it was farther decreed and ordayned that no Shireeve nor any of the King's Officers should make Replevin of any distresses taken by the Bayliffs of the said Lands and Marshes within the limits aforesaid except before excepted which should be for that time for any thing contained in the said Statutes and Ordinances taken or to be taken nor any of the said King's Officers to arrest any one within those limits except before excepted being then in the publick work And lastly it was decreed and ordained that if and when any Tax should be assessed by the said Iurats ten or eight of them in any principal special or several Last within the limits aforesaid except before excepted by reason of the premisses and proclamed in form aforesaid and that at the day and place of payment thereupon limitted and assigned any part of the said Tax were unpaid to the said Collectors that then the said Bayliffs for the time being should lay out of their own proper moneys so much
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
the end that they might not get their ships back who discerning what was done left them and fled towards Severne That which is here called a Castle is supposed to be some Fort made at or neer Hartford situate upon the Bank of this River for before the tides were kept back at Stratford Bowe by a large Sasse there made to keep the levell above it from drowning no question but that they flowed above Ware and brought up small Vessels neer to Hartford there being betwixt Ware and Hartford a Hill which to this day beareth the name of Shipman's Hill and a tradition of the Country people that ships did in antient time lye at Anchor in that Valley The first mention wherewith I have met concerning the Marshes of Essex is in King Iohn's time Roger de Crammavill being then attached to shew cause why he did not stand to the determination made in the said King's Court by a Fine betwixt himself and the Prior of S. Iohns of Ierusalem touching the Banks Gutters and Ditches to be made in Renham marsh at which time the said Prior produced the before-mentioned Fine so made betwixt them which testified that the said Roger did then agree that he and his heirs would make and repair those Banks c. according to the proportion of his Land in that Marsh so that every Acre which the said Roger did possess should be taxed as those that belonged to the Prior. And the said Roger came and acknowleged the agreement and justified that he had fully made those Banks according to what belong'd to his Tenement and thereupon put himself upon the view of those who knew the Laws of the Marsh. Upon complaint made to the King in 8 E. 1. by the Abbot of Stratford that whereas he did use yearly to repair the Banks and Ditches of the Marshes of West-Hamme as often as need required for the preservation of his Lands and the Lands of his neighbours lying within those Marshes againts the over-flowings of the Rivers of Thames and Luye and that his said neighbours did neglect to do the like for what belong'd to them the said King directed his Precept to the Shireeve of Essex commanding him to distrain all those that were faulty therein to the end that the said Abbot might have contribution in that behalf In 15 E. 1. Iohn de Lovetot and Will. de Lamburne had Commission to view and repair the Banks and Ditches in this County upon the side of Thames and parts adjacent then in decay and to enquire through whose default they became so ruinous In 20 E. 1. the Abbot of Stratford made a new complaint to the King in the like manner as abovesaid Whereupon the said King required the Shireeve to distrain all those who were obliged to such repair of their Banks and Ditches and had not accordingly done their duty therein as also those who did refuse to contribute to the said Abbot according unto their due proportions In 31 E. 1. Walter le Baud Richard de Perneford and Iohn de Dovor were assigned to view and repair the Banks Ditches c. in this County and those at Wolwyche in Kent The like Commission had Iohn le Bretun and Will. de Wauton in 34 E. 1. for those in Essex only Several other of the same kind for this County only were in King Edward the second 's time viz. to H. Spigurnell Iohn de Dovor and Iohn de Malegraffe in 3 E. 2. To Walter le Baud Will. Fitz Robert and Iohn de Norton in 6 E. 2. To the same William Henry Gernet and Thomas Dakenham in 7 E. 2. To Will. de Hanyngfeld Iohn le Burser and Thomas de Ultyng in 8 E. 2. To Nich. Frembaud Henry Gernet Iohn de Davor and Richard Bastard in 9 E. 2. In 14 E. 2. Henry Grene Iohn de Dovere and Thomas de Chene had the like Commission for the view and repair of the Banks c. at Renham Benington and Alvitheley In 17 E. 2. Iohn de Doure Robert de Ashele and Nich. de Scotford the like for all the Marshes upon the Thames in this County So also had the said Iohn Iohn de Wydefeld and Walter de Hegham for the Banks c. betwixt Stretford atte Bough and Est-Tilbury and the parts adjacent In 18 E. 2. Iohn Boteler and Iohn de la Hay were appointed to view a certain Causey betwixt Maldon and Hebrugg under which through an arch the fresh waters had used to run into the Sea which waters were then stopt And likewise to view and repair the Banks c. in the Marshes of Esthamme in Essex and Wolwiche in Kent So also in 5 E. 3. had Robert de Rochford and Will. de Stanford for all the Banks c. within the Hundreds of Densey and Rochford In 10 E. 3. Henry Gernet and his fellow Justices assigned for the view and repair of the Banks c. on the Coast of Thames in this County sate at West Hamme on Wednesday being the Feast of S. Edmund the King where the Prioresse of Stratford made complaint before them that Will. de Masun Bayliff of the Marsh of Westhamme had distrained her for Cs. for the repair of a certain Bank called the Prior's Wall for she said that she neither had nor held any land nor ground in the said marsh for the which any wall ought by her to be repaired and therefore required judgement But she said that one Iohn de Covele long ago viz. in the time of King Henry the third held in the said Marsh as of the fee of Muntfichet which then belonged to Sir Iohn de Handlo fifty acres of land together with the said Bank then called Coveles Wall and a certain piece of Pasture called the Hope lying neer the said Bank without the precinct of the said Marsh viz. between the same Bank and the course of the River of Thames which land together with the said Bank of Hope were before that time ever assessed together for the repair of that Bank whensoever it stood in need And the said Iohn de Couele being so seized aliened the said Bank and Hope to Robert le Ku to hold to him and his heirs for the repairing and maintaining of the said Bank for ever the said Hope then being sufficient for the Pasturage of six Kine as it was reported And afterwards the said Iohn de Couele long before the Statute entituled Quia emptores terrarum sold the said Land by parcells to divers Tenants to hold to them and their heirs of him the said Iohn and his heirs for a certain yearly Rent and sute of Court to be thereupon performed And afterwards the said Iohn did wholly sell from himself and his heirs all the demesn of the before-specified Tenements together with the whole Rent and service which he had wont to receive of his said Tennants unto one Simon de
Passelewe and the said Simon sold them to one Cecelie de Lancaster And she the said Cecelie granted the said whole Lordship together with the Rents and services before mentioned to the Church of S. Leonard of Stratford and to the Nunns there serving God to hold in pure Alms And so the said Prioresse then had and possessâ—d the said Lordship together with the Rent and service aforesaid And she farther alleged that the said Robert le Ku whilst he lived and held those Lands and Hope alway repaired that Bank And after his decease the said Bank and Hope descended to Ioane his daughter and heir who was wedded to one Will. de Rokesle in whose time all the said Hope by a great inundation of the Thames was wholly destroyed and drowned And the said William then considering that the chardge of repairing of that Bank would much exceed the profit of the said Tenement wholly relinquisht all that Tenement and would not meddle any more with the said Bank and so the said Bank lyes unrepaired And she alleged moreover that the said Prioresse only received of her Tenants of those lands in that Marsh of the said Fee of Covele a certain Rent of xiiijs. over and above the service due and accustomed to the said Iohn de Handlo then chief Lord of that Fee and that she was ready according to the quantity of that Rent to contribute to the repair of that bank and therfore required justice to be done to her in the premisses And hereupon came the Abbot of Stratford by his Bayliff as also Iohn de Brumpton and Thomas le Bret in their proper persons and as Tenants of the lands in the said Marsh lying within the danger of the same bank alleged that the said Prioresse did unjustly prosecute that Writ forasmuch as she thereby endeavoured to excuse her self from the repair of the same Bank and to lay the burthen thereof upon the said Abbot and others They also alleg'd that the said Prioresse and all her Predecessors from the time that the said Lordship of the Fee of Covele came to their hands did use till that very time to make and repair the said Bank and that as often as they refused so to do they were ever thereto compelled and this they said they were ready to prove whereupon they required judgement And the said Prioresse saying as she did before added that forasmuch as she had been thus disquieted and molested by grievous and intolerable distresses she then did complain and brought her action and as before she did so she still required remedy acccording to the Precept of the said King Whereupon the said Justices having heard her complaint in this businesse and having respect to the said Kings Precept were willing to enquire and be informed touching the premisses and therfore yielded that an Inquision should be taken which was accordingly done by the said Iohn de Dakenham and his fellow Jurors who said upon their Oaths that there had been time out of mind and then were certain Lordships in the Town of Westhamme viz. the Lordship of Handlo the Lordship of Lancastre the Lordship of Placetz and the Lordship of the Prioresse of Stratford and that antiently all the Lords of those Lordships met together and agreed amongst themselves that each Lord should have a certain part of the Bank of Thames belonging to his Lordship And they said that to the Lordship of the said Prioresse there was assigned a certain parcell of that Bank now called Priores-Wall and that the said Prioresse was obliged to make and repair the same Bank at her own proper chardges in such sort as the other Lords before-specified are theirs And they said farther that the defects then in that Bank might be made good for Cs. And the said Prioresse having heard the verdict of the said Jurors alleged that they had not in any thing made answer to what they had in chardge Whereupon she required that they might make a further answer And therefore because the said Justices were not satisfied that the above-mentioned verdict was sufficient for them to ground any judgement upon by the tenor of their Commission they appointed that the said Jurors should appear before them again and have a new chardge for a better enquiry Whereupon they the said Jurors together with Nicholas le Forestere Richard le Saltere c. also sworn and associated with them came and said upon their Oaths that the said Iohn de Covele long ago viz. in the time of King Henry the third held xliij Acres and a half of Land in the marsh of West Hamme together with the said Bank now called Prioreswall which was then called Coueles-wall as also with a Hope adjoyning which Land and Hope were then wholly chardged with the making and repair of the said Bank And that afterwards the said Iohn long before the Statute of Quia emptores terraram c. being so seized demised all the said Land particularly to divers Tenants to be held of him the said Iohn and his heirs by certain services to be performed to him and his heirs for ever and that then he reserved to himself the said Bank and Hope together with the chardges of the same Bank and that he afterwards dimised the said Bank and Hope to one Robert de Ku to hold for ever because that the said Hope did then afford Pasturage for ten Kine yearly in Summer time And that afterwards the said Iohn did totally alienate all those his services together with all his Fee and Lordship of all his Tenants and their Tenements unto one Simon de Passelewe And that afterwards by divers alienations so made from hand to hand the same services with the whole Fee and Lordship aforesaid came to the hands of the said Prioresse who did then enjoy the said services and so likewise the said Fee and service of all that Land And they farther said that the before-specified Robert le Ku whilst he held the said Banks and Hope did undergo the chardge of the said Bank all his time as aforesaid And that after his decease the said Bank and Hope came to the hands of one William de Rokeslee and Ioane his wife daughter and heir of the said Robert in whose time by reason of an extraordinary floud of the Thames it was much spoiled and almost drowned so that the said William and Ioane considering the chardge of the Bank to be great and that they should not for the future receive any more benefit of the said Hope forasmuch as there was little of it left they wholly relinquished the said Bank and rendred it into the hands of the same Prioresse then Lady of that Fee as aforesaid And hereupon the said Jurors being asked whether any part of the Hope did then remain or not they answered that there did not And being farther asked who were then the Tenants of the said Lands which had so belonged formerly unto the said Iohn de Covele and they said that Iohn
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
of Idel to Trent bank men rowing also with lesser Boats to look Swans over all parts of it betwixt Lammas and Michaelmasse And in like sort over Starr Carr and Axholme Carr insomuch as there was no lesse than sixty thousand acres of land thus overflowed by the said fresh waters The said King therefore being seized of this Island and of divers lands and waste grounds belonging to the same as also of and in the Chase called Hatfield Chase with Dikes mersh together with the Lordships of Wroote and Finningley in the County of Yorke all lying upon the same flat out of his Royal and Princely care for the publick good in regaining so great a proportion of surrounded land which at the best yielded little or no profit to the Common wealth but contrariwise nourished beggars and idle persons and having a Chase of Red Deer through a good part of this Fen which much annoyed and opprest the residue resolving by the advice of his Counsel partly for the easing of his chardge and increase of his revenue and partly for the improvement and reducing of so great a quantity of drowned and boggy ground to be made good Meadow Arable and Pasture for the general good did under the great Seal of England contract with Cornelius Vermuden then of the City of London Esquire by Articles bearing date the twenty fourth day of May in the second year of his reign the substance whereof was as followeth First that the said Cornelius should at his own chardge drain and lay the same dry beginning the work within three months after the said King should have agreed with those persons that had interest of common therein and finish it with all possible expedition That he the said Cornelius in consideration thereof should have to him and his heirs for ever one full third part of the said surrounded grounds to hold of the said King his heirs and successors as of his Mannour of East Geenwiche in free and common socage That he the said Cornelius should pay and satisfie to the owners of all lands lying within the same level and so surrounded such summs of mony as the said lands should be thought worth by four Commissioners whereof two to be named by the Lord Treasurer of England for the time being and the other two by him the said Cornelius That the work being finished there should be for the better preservation thereof a Corporation made to make Acts and Ordinances to that end as occasion should require consisting of such persons as he the said Cornelius and his heirs did nominate That within three years after they should be finished six Commissioners to be appointed viz. three by the Lord Treasurer of England for the time being and three by the same Cornelius his heirs c. to view them and estimate what the future yearly chardge might amount unto for the perpetual maintaining of them whereupon the said Cornelius to convey and assure the Inheritance of lands to such a value as might be thought sufficient to support that chardge And that whereas divers did claim common of Pasture in sundry of the said grounds it was agreed that the King should issue out his Commission under the great Seal of England to certain persons to treat and conclude with those Commoners by way of composition in land or mony concerning the same VVhereupon Commissions were accordingly directed to several Gentlemen of those Counties to treat and agree with all such as pretended right of Common within any of the Mannours above-mentioned which took effect with each of them except those of the Mannour of Epworth in this Isle But Sir Robert Heath being the then Attorney General exhibiting an information in the Exchequer Chamber against them three hundred and seventy who were all that at that time could be discovered to have right of common there came and submitted to such an Award as Sir Iohn Bankes the then Attorney general should make therein Who upon several hearings of all parties and their Councell made this Award viz. that of thirteen thousand and four hundred Acres belonging to that Mannour which was then to be drayned with the rest of the levell six thousand Acres should be allotted to the Commoners as their part or portion lying next to the Towns and so preserved for ever at the chardge of the said Cornelius Vermuyden and the remaining seven thousand and four hundred Acres to be set out in the remotest parts of those wastes to Sir C. Vermuyden and his participants for their third part and for the said late King's part in right of his interest as Lord of the soil which by consent was decreed in the Exchequer Chamber and possession thereupon established with the said Cornelius Vermuyden and his participants and to their assigns The agreement being therefore thus made this great work was accordingly begun and had so successful a progresse that with the chardge of fifty five thousand eight hundred twenty five pounds or thereabouts it became fully finished within the space of five years the waters which usually overflowed the whole levell being conveyed into the River of Trent through Snow Sewer and Althorpe River by a Sluse which issued out the drayned water at every ebb and kept back the tides upon all comings in thereof And now that the world may see what an advantage accrued to the publick by this noble though chardgable work I shall here from the before-specified Depositions observe First that since the drayning of Haxey Carr a great part thereof hath been sowed with Rape and other Corn for three years together and born plentiful crops That some part of the said Carr not worth above six pence an Acre per annum was after the said drayning worth xs. the Acre That several houses have been since built and inhabited in sundry places of the said Carr which formerly was drowned land So likewise in other parts of the levell That since the drayning the gounds are better worth xiijs. iiijd. an Acre than they were two shillings an Acre before That of ten Acres of drayned land fifty quarters of Rape seed have been gotten in one year and sold at xxxs. the quarter That of the said drayned grounds thâ—y have usually had three quarters and a half of wheat upon one Acre three quarters of Rye upon one Acre and eight quarters of Oats upon one Acre And for six years together seven quarters of Oats on one Acre That before this drayning the Country thereabouts was full of wandring Beggars but very few afterwards being set on work in weeding of Corn burning of ground thrashing ditching Harvest work and other Husbandry All wages of Labourers by reason of this great use of them being then doubled Hereunto I shall add what I find in that printed Relation before-mentioned viz. the State of the Case id est that the said Cornelius Vermuyden together with his participants and their assigns being in quiet and peaceable possession of what belonged to them by
his associates above-mentioned did declare that upon view and perambulation through the said levell they adjudged that the said Sir Iohn Monson had sufficiently drayned and recovered those surrounded grounds according to the first undertaking therein And that therefore considering the great chardge which he the said Sir Iohn haâ— been at therein and the advantage which had already accrued and would farther accrew to the Lords and owners and all others interessed in the same as also the further chardge which he the said Sir Iohn was like to sustain therein did adjudge to him the said Sir Iohn and his heirs the before-specified quantity of five thousand eight hundred twenty and seven acres according to the Statute de terris mensurandis of the said Fenny grounds to be severed and divided in such sort from the said other grounds as he the said Sir Iohn Monson his heirs or assigns should think most convenient VVhich said number of Acres were accordingly assigned out of the several Lordships c. so drayned according to a particular schedule whereby the number out of each is exprest All which was exemplified in the said Kings Letters Patents dated at Westminster 24º Februarii 15º Caroli the said Commissioners and every interessed person seeming very well satisfied therewith Neverthelesse of such pernitious spirits were divers of the Free-holders and Commoners that taking advantage of the late troubles in this Realm they did about the beginning of the late warrs re-enter upon those lands by reason whereof not only the works became neglected but the drayns have been filled up and Sluses decayed And though the said Sir Iohn Munson made his complaint to those who of late years took upon them regâ—l power under the name of the Parliament of the Common-wealth of England yet did he obtain no redresse therein CAP. XXIX I Now come to those Banks and Sewers in the other parts of this Province of Lindsey whereof some do lye upon the South side of Humbre and the residue upon the Sea coast The first mention of these wherewith I have yet met is by a Fine levyed at Lincolne upon the morrow after the Feast of the blessed Virgins Purification in 41 H. 3. before Iohn Abbot of Peterborough Roger de Thurkelby Peter de Perci Nicholas de Hanlou and Iohn de Wyvile Justices Itinerant and others betwixt Raphe Abbot of Croyland Gilbert de Gaunt Robert de Welle Robert de Wilgeby Nicholas de Grendale Iollane de Hamby and Gilbert de Orreby Plantiffs and William de Gaunt and Alice his wife deforciants concerning a certain Sewer which they claimed to have in the lands of the said William and Alice in Munby and Hoggesthorpe By the which Fine the said William and Alice did grant for themselves and the Heirs of the said Alice that the before-specified Abbot and his successors as also the said Gilbert de Gant and the rest and their heirs together with all the Tenants of the Fee of Guy de Crun Gilbert de Gaunt and Robert de Tatersale betwixt the Towns of Brunthorpe and Orreby should have a certain common Sewer through the midst of the lands of the said William and Alice and the heirs of the said Alice in Munby and Hoggesthorpe of xxiiij foot in bredth for the drayning of all their lands within that Fee saving that the said Gilbert de Orreby and his heirs should not drayn above three hundred Acres of land so that the same Sewer should begin from Frethermersklide and so extend it self to the Sea by these following bounds viz. from Frethermersklide to Kamericroft thence to Grimescrike and so through the midst of Haverholm and the midst of Boyntoft Common unto the Sea-bank thence to a certain bank called Nâ—w Haven through the middle of the Fen unto the Sea and that the said Abbot and his successors as also the said Gilbert Robert c. and their heirs should have liberty to scour clense and repair the said Sewer and cast the earth on each side thereof at their pleasure without the impediment of the said William and Alice and the heirs of the said Alice for ever For which grant and concession the said Abbot Gilâ—ert Robert c. gave to the said William and Alice the â—umm of xxl. sterling And the said Abbot for himself and his successors as also the said Gilbert Robert c. for themselves and their heirs did then Covenant to make and maintain three Bridges over the same Sewer at their own proper costs and chardges by which Carts and Carriages might have passage and likewise one bridge betwixt Frethemskilde and Camericrofte and two bridges betwixt Haverholme and the Sea-bank and one bridge for foot folk betwixt the Church of Munby and the Chapel of S. Leonards in that Town and moreover a certain Gutter at the Sea-bank by which the water which cometh through the said Sewer may alwayes passe into the Sea so that if the said Abbot or his successors and the said Gilbert Robert c. or their heirs should fail in maintaining and repairing the said Sâ—wer Bridges or Gutter it might be lawful for the said William and Alice and the heirs of the said Alice to distrain their Cattel found in any of the lands of the said Fee untill the repairs of the said Sewer Bridges and Gutter should be repaired After this viz. in 8 E. 1. the King directed his VVrit to Iohn Beke and the Shireeve of this County commanding them to enquire by the Oaths aswell of Knights as other honest and lawful men within his precincts whether it would be to the damage of the said King and the Inhabitants of this Country if the course of the River of Friskeney were diverted and brought into the Town of Grimesby for the better opening of that Port which was then so filled up with silt and mud by frequent inundations that ships could not have free ingresse and egresse out of it VVhereupon a Jury being accordingly impanelled and sworn did say upon their Oaths that the said River might be so diverted without any damage to the King but to the prejudice of divers of the Country viz. of William de Apeltrefeud who then had the seat of a Mill which he might if he pleased new build whereby it would yield him four pounds and tâ—o shillings by the year And that it would be to the damage of Sir Walter de la Lynde two shillings which he had wont to receive for drying of Nets upon his land And to the damage of Gilbert of Little Cotes Robert de Kirketon Sir Walt. de la Lynde Philip de Wynelesby and their Tenants four shillings and four shillings yearly for two acres and an half of pasture And they said that if it hapned the same water of Friskeney to passe by Milnewell Creeke the Town of little Cotes would lose it's Common of pasture of two hundred Acres and more except they should have a sufficient Bridge for Carriages and Cattel to their said
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
one half and the Abbot of Thorney the other And they said that the other part of Nene which passeth from Peterborough bridge aforesaid unto Wodeshed in Wytlesey thence to Wittleseybrigge thence by Wittlesey to Wardiscote in Wittlesey and thence into the great River of Wisebeche ought to be scoured from the said Wodeshed to Wardysgote aforesaid by the Town of UUittlesey and the Landholders late Pavy's in March and that it was not then clensed And they said that the Town of UUittlesey ought to clense one Sewer beginning at Goose UUillow drove in UUitlesey unto the North part of Adernale in the same Town and thence to Brodreche in UUisebeche called Upstanlake and that it was not clensed And that the Bishop of Ely ought to clense the said Upstavinlake unto the great River of UUisebeche which was not then done In 9 E. 4. W. Bishop of Ely George Duke of Clarence Richard Earl of UUarwick and Salisbury Iohn Earl of Northumberland Iohn Earl of Oxford Humfrey Bourchier Lord Cromwell Iohn Catesby Will. Ienny Thomas Grey Roger Tounsende Henry Spilman Thomas Daniel and others were constituted Commissioners for to view the Banks Ditches Sewers c. of Marshland Upwelle and Outwelle and of other Towns and Fens by the water which goeth from Erith brigge directly to Benwyke thence to Paddok mere thence to Farset brigge thence to Standground and so to Muscote and from Muscote to Thorney mille and Godelakcrosse by Noman's land and thence to Dowysdale and so to Clowecrosse thence to Wylowedyke thence to Edgreynes thence to Tydegote and thence to the Sea And to make Statutes and Ordinances for the repair of them according to the Laws and constitutions of this Realm and the Statutes of Romeney marsh As also to imprest such and so many Diggers and other Labourers to be imployed in those Works as they should deem necessary for the expedition thereof The like Commission w had they for the view and repair of those in the Marshes betwixt the water running from Erith brigge aforesaid by Ely to Salterslode and Wigenall to Bishops Lenne and the water passing from the same Bridge at Erith by Benwick Gretecrosse and Wyssebeche to the Sea About this time I suppose it to be for it is without date that the Landholders of Pokediche field in Welle exhibited a Petition to the Lords and Commoners of Marshland shewing that the said Field was agisted for its number of acres in as high a measure towards the repair of the Bank called Pokediche for the safeguard of that Country as any part thereof which lay within the precinct of that Bank and that the water of Pokediche did so overflow the same field that they could not dig earth upon occasion for repair of the before-specified Bank and therefore desired that they might drayn the same by a Sewer through the said Bank into Marshland in such a place where it would be of least damage thereto Whereupon they were allowed to have a certain Clow neer Thwart medows for that purpose In 20 H. 8. at a Session of Sewers held at Stuntney in the Isle of Ely by Sir Thomas Knight Tho. Dereham Iohn Fincham and others there was a Presentment then made by the Jurors of all the Sewers at that time in being within this part of the Countrey instancing to whom the repair of each belonged the tenor whereof I shall here insert The Bishop of Ely ought to scour Crekelode extending from the great stream towards Sotherey unto the Willough by the space of two furlongs And from the said Willough to Pulverlake the Cellerar of Bury hath an half part against all others for the space of a mile and more From the said Willough also to Pulverlake the Prior of Modney hath a share So likewise the Prior of Norwich for the Church of Fordham and the Parson of Helgay for the Church of Helgay And the Landholders late Massingham's and Bekeswell's ought to clense the same against the Cellerar of Bury from the said Willough to Pulverlake Which Cellerar of Bury hath also an half part in the middle of this lode against all others for two miles The Abbot of Ramsey ought to scour the Sewer called Balkwere abutting upon Gnat lode for one quarter of a mile And the Prior of Norwich the Rector of Helgay with the Tenants of the lands late Massingham's and Bekeswell's ought to repair the same unto the four Lodes end In Crekelode also Thomas Boteler of Helgay ought to scour a place called Hogges middle for the length of one furlong And the Duke of Gloucester one part in Gretwere a part of the said Crekelode for the length of a mile against all others And another part there for half a mile the Prior of Castelacre Abbot of Wendling and the Tenants of those lands late Bekeswell's Sheting middil in Crekelode ought to be clensed by the said Cellerar of Bury for the space of one mile and more Chutting in Crekelode by the Duke of Glouc. for half a furlong and more Strem middil by the Cellerar of Bury for one mile In Ung medil the Prior of Modney holdeth one part by the space of two furlongs against the Prior of Chetford Iohn Ashfield and the Abbor of Ramsey for the lands late Nich. Gunnes The same Iohn Ashfield holdeth one part in Lodwere in Creklode aforesaid for two furlongs In Bullinger the Prior of Modney holdeth half a part for two furlongs and more against the Abbot of Ramsey The said Prior of Modney and the Tenants of the Lands late Massingham's ought to clense all Gredy middil for one mile The Prior of Chetford ought to scour Iellis middil for the space of one mile The Town of Lyttilport the Widow of Nich. Orme and the Earl of Worcester ought to clense Newdike unto Welney court for one mile Criklode in March beginneth at the Great Ee betwixt March and Welle and goeth on directly to Elme containing by estimation six miles and ought to be scoured by the Bishop of Ely and Abbot of Bury equally Gnat lode beginneth at Hawkyns bytte and continueth to four lodes end containing by estimation three miles and ought to be scoured by the Towns of Elme and Littilport Small lode betwixt Welle and Outwelle ought to be clensed by the Abbot of Dereham from the great River in Welle to Ingram's hirne by the space of three quarters of a mile Another part in the said Smal lode from Ingram's hirne to Seman's gole containing one mile the Abbot of Ramsey and Iohn Aylesham ought jointly to clense Maidlode beginneth at Welneywater and continueth to Sheppe lode and thence to Sheppeslodes end which ought to be clensed by Richard Cranford and Clarice late Wife of Iohn Cranforth by the space of one furlong and by the Town of Upwell for the Lands of Mr. Will. Dunthorne by the space of one mile and for another mile and more by the Town of Welle Shiplode ought to be clensed by Iohn Sambroke for half a mile by
sewers where it divideth into two branches as before is mentioned And the one branch going South Eastward in form aforesaid extendeth in distance and length from the said great Crosse unto Shrewysnest point and so by the said South branch unto the said North Seas at K. Lynne aforesaid Liiij miles And the same River descending from the said great Crosse unto Shrewysnest point aforesaid and from thence by the North branch unto Outwell Sholle and so to the said North Seas is in distance xxxiij miles And from the said Sewer called Creeklode in March aforesaid unto the said North Seas at K. Lynne aforesaid by the said South branch is xlviij miles and by the said North branch xxviij miles And from the said Sewer called the Leame in March aforesaid unto the North Seas at K. Lynne aforesaid by the said South branch is xlvii miles and by the North branch aforesaid xxvii miles The decay of which said several Sewers with the Rivers Lodes and Drayns from them extending unto the said Town of Wisebeche they say be the chief and special occasions of the drowning aswell of the said Marish and Pasture in Upwell and Outwell as of the whole Countrey of Marshland and Wigenall adjoyning and in continuance of time as they think in their consciences will utterly drown the said Parishes and the said Country of Marshland unlesse the same decayed Sewers be scoured according to the antient Ordinances so as a great part of the said fresh waters of the same great Ee in March aforesaid may be conveyed unto the said North Seas by the Town of Wisebeche in manner and form aforetime used And they said that there is another great occasion of the drowning of the said Marish grounds by reason of the decay of the said old Sewer in Upwell aforesaid called Maide lode and a part thereof called Ship lode the which Lode beginneth at Welney water otherwise called the South branch coming from Shrewysnest poynt aforesaid and extendeth from thence unto a certain fen of the said Edmund Beaupre called Weeke fen and from thence into a certain place in Helgay called Shiplode Helgay house and there into the said great River of Ouse The which Sewer they say hath been most specially decayed by reason that there hath not been kept a good Sluce of stonework or timber with sufficient falling and hanging dores to the same to stop out the Floudsilty waters And also by reason that the same Sewer falleth not lower towards the said North Seas viz. at and against a certain place in Denver called Denver hithe at the which place they think it most meet for to set and build the said Sluce And they said that for the preservation of the said Sluce there ought to be a substantial Clouse of stone work and Timber with two sufficient drawdores to the same to be set within half a furlong of the said Sluce to stop the fresh waters aswell in the time of repairing the same Sluce as to keep and preserve a sufficient portion of waters within the said Drayn in the time of extreme drought Furthermore they said that forasmuch as there hath not been a substantial Bridge over the said Sewer called Maid lode of the length of xx foot next unto Welney water so as the same water at the entry thereof might have full passage hath been in like manner a great decay of the said Sewer And they said that the heirs of Richard Cranford ought to scour the said Mayd lode next from the said Welney water called the South branch by the space of one furlong at the widenesse of xx foot and of sufficient depth And next unto that the Inhabitants of Upwell and Welney ought to dike the same by the space of one mile for certain lands which they hold in common call'd Dunthorn's fens otherwise called our Lady fenns and one other mile for their Common called Blakmereshall And then the Landholders belonging to the Prior of Fakenham to scoure the said Lode called Shiplode by the space of half a mile And then the said Edmund Beaupre for lands belonging to Beaupre Hall in Outwell aforesaid half a mile And for his Mannour of Upwell late â—â—longing to the dissolved house of Ramsey half a mile And then Richard Fyncham Gent. for certain Fen grounds and Marish half a mile And the Landholders late belonging to the Monastery of Walsingham three quarters of a mile Then the Dean of Norwich for lands belonging to the late Celle of Monks in K. Lynne three furlongs and from thence to the said place against Denver hithe where the said Sluce shall be set the Townships of Denver Helgay and Fordham shall dyke c. the rest of said lode for four furlongs in consideration that they be not charged in any part of the said Sewer called Mayd lode and Shiplode and yet the same Townships shall drayn by the same Sewer by estimation a thousand acres of Common Fens and more And forasmuch as great Commodity shall grow aswell to the Inhabitants of Denver Helgay and Fordham as to the Inhabitants of the whole Countrey of Mershland and Wygenhall by reason that the same Sewer as well shall drayn the Fenns of Denver Helgay and Fordham as also shall receive the great abundance of fresh waters the which before this time have descended against a certain Bank in Outwell and Dounham aforesaid called the New Powdich being the only defence and safeguard of the same Country of Marshland and Wigenhall the which for lack of this provision at this present by them agreed have been divers times of late years drowned that in consideration thereof aswell the Inhabitants of Marshland and Wigenhall as of the said 4. Infields in Upwell and Outwell called Plawfield Kirkfield Budbeche field and Landy field shall bear and sustain the Costs in and about the sufficient making of the said Sluce and Clowes And that after the same Sluce and Clowes be well and sufficiently made that then the same shall be repaired at the Costs of the said Inhabitants and Landholders of Denver Fordham and Helgay aforesaid except when the yearly chardges in amending the same shall come to above the summe of xxvis. viijd. Also they said that there is another great destruction aswell to the said Fenns as to a great part of the low grounds within the I le of Ely by reason of the decay of the said drayn called in part New dike in Littilport aforesaid and in part thereof called Crikelode in Sothery aforesaid betwixt Sothery poole and Modney and there entreth into the said great River of Ouse And they said that the Bishop of Ely ought to scour the said Creeklode from the said great River of Ouse unto a certain place called the Willow by the space of two furlongs and then the Landholders of the Lands of late belonging to the Cellerer of Bury ought to dyke from the said Willough unto Pulver lake The Dean of Norwich for his Church of Fordham the Parson of Helgay for his
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
maritime lands in his Bayliwick by whom the truth in the premisses might be the better enquired into and known and to do farther in the pâ—emisses as it should be decreed Who came accordingly And the said xxiiij Jurats of the Marsh before named together with the Commonality of the said Marsh said that King Henry Father of the then King did by his Charter grant to them certain Liberties in his own Lands within the said Marsh And they therefore required that those their Liberties might be preserved As also that nothing might be attempted or deâ—reed in prejudice of their said Liberties and produced the same Charter of the said K. Henry And they likewise said that K. Henry father to the then King in the xlii year of his reign by reason of a certain controversie arisen betwixt divers men of this Marsh occasioned for the repair of the Banks and Water-gangs therein sent Henry de Bathe his Justice into those parts to hear and determine the differences in that businesse betwixt the xxiiij Jurats and the same Marshmen and to provide for the defense and security thereof and against the peril of inundation by other waters in causing the Banks and Water-gangs to be repaired by those who were obliged thereto for the lands which they held therein according to the proportion thereof Whereupon they said that the said Henry de Bathe by authority of the same King Henry's Mandate ordained and decreed for them a certain Law and Ordinance by which this Marsh was to that time kept and preserved and therefore desired that they might for the future be guided and defended by that Ordinance and Law as they had wont to be till that present time And thereupon produced the said Ordinance of him the said Henry under the King's Seal And because the said Ordinance seemed consonant to equity and had been to that time approved command was given and it was decreed that the same should be in all things observed without diminution Adding neverthelesse that in regard there was no mention therein of the election of the King 's common Bayliff in the said Marsh how and by whom be ought to be chosen it was determined that for the future upon the decease of the said common Bayliff or his quitting the Office another to be chosen who should reside and have lands in this Marsh And that the said election should thenceforth be by the common assent of the Lords of the Towns Lying therein or by their Atturnies and as the Major part should determine to submit to that election because till that time the usage had been so And touching that double of the costs imposed for repairing the defaults to be levyed upon those through whose neglect they had hapned it was decreed that the same double should be levyed in such sort as by the former Ordinance had been appointed and imployed to the common profit of this Marsh and not to the bâ—hoof of the said Bayliff And forasmuch as there were divers Banks and Water-gangs in the said Marsh to the maintenance of which the commonality thereof did not contribute except only they whose lands lay contiguous to the said Banks and Water-gangs And thaâ— some through the oppression of the Lords of the said Marsh did sometime pay as much for the repair and maintenance of those Banks and Water-gangs for fourty Acres as others did for fifty which was much against the law of the Marsh and the Ordinance of the said Henry de Bâ—the It was therefore decreed and ordained that notwithstanding and Custome by whomsoever introduced all and singular persons who had lands therein which were subject to the danger of the Sea and had preservation by the same Banks and Water-gangs should thenceforth be distreined for the reparation and maintenance of them so that every man might contribute equally according to the number of Acres which they had therein and that no person be he of whatsoever state or condition that had preservation and defence thereby should be favoured And because before that time in this Marsh of Romenale beyond the course of the water of the Port running from Suergate towards Romenhale on the West part of the same Port till it come to the County of Suâ—sex there had not been any certain Law of the Marsh ordained nor used otherwise than at the will of those that had lands in the same insomuch as divers dangers and intolerable losses hapned by the Seas inundâ—tion To the end therefore that the like perils might for the future be prevented and the common benefit provided for it was agreed and jointly ordained that in the said Marsh beyond the before-specified Port towards Sussex there should be Iurats establisht chosen by the Commonality who being sworn to that purpose for the security of those parts having respect to the number of Acres lying subject to that danger and to the proportion of the Banks Watergangs to be repaired sustained there should upon their Oaths consider and ordain how much might be necessary for such repair sustentation so that according to the portion of their Acres and value of them there might be assigned in the said Banks and Water-gangs an equal portion of perches to be maintained as it is more fully contained in the Ordinance of the said Henry de Bathe And moreover forasmuch as till that time there had been no common Bayliff constituted in those parts beyond the before-specified Port towards Sussex who ought for the publick benefit take care and provide against the perils there hapning and to prevent the like for the future it was ordained that thenceforth there should one common Bayliff be made choice of in the said Marshes beyond that course of the water toward Sussex for overseeing keeping and repairing of the said Banks and Water-gangs in such places and bounds of the said whole Marsh as should seem most expedient to all the whole Commonality As also to summon together unto places necessaryâ— the Iurats of the said Marsh as often as need should require for the making of Ordinances and Laws for preservation of the lands in those parts causing distresses to that purpose to be made and levying a double proportion upon such as should make default according to the tenour of the Ordinance made by the saiâ— Henry de Bathe Provided that at the election of the said Bayliff when ever it might happen to be the Lords of the Towns in the said Marsh beyond the said course of the water towards Suâ—â—ex should be summoned and called if they would be present thereat as also the Iurats and whole Commonality of that Marsh. And it was likewise ordained that for the future the King 's said common Bayliff in the Marsh of Romenale should be the Supervisor of the before-mentioned Bayliffs and Iurats in this Marsh beyond the course of the water towards Sussex and that he should summon together to fit places all the Iurats chosen on both sides the
at More and other his Complices having confederated themselves together by false contrivance to constitute another Bayliff there in favour to his friends and to lay load unjustly upon others contrary to the before-specified Ordinance did so terrifie the said Iohn by grievous threats and otherwise hinder him that he neither would or durst take upon him that Office according to the said Ordinance So that by reason of the said Bayliffs default all the before-specified Marsh being dayly lyable to be overflown was in danger to be destroyed without speedy remedy were had The said King therefore taking this complaint into mature consideration for prevention of that imminent mischief granted his Royal Commission bearing date at Westminster 17º Febr. in the same thirty fifth year of his reign to Thomas de Lodelowe Robert Belknap and Thomas Colepepir appointing them or any three or two of them aswell to oversee the said Banks Gutters c. and cause them to be repaired as to take a view of the said Ordinances And in case they should find them any way defective as to the defence of the said Marsh against those inundations then to correct and amend them and if need were to make a new Ordinance to direct how the same Marsh might be better defended and preserved against the said waters upon any chance that should thenceforth happen And to decree certain strict punishments against all such as should transgresse the said Ordinances so to be made by them the said Thomas Robert and Thomas or any two of them And moreover to cause Proclamation to be made all about in those parts for the perpetual observance of them And likewise to do all other things for the safeguard and defence of the said Marsh in exclusion and evacuation of those waters as should be necessary and fit And lastly to enquire by the Oaths of honest and lawful men of that Country of all the confederacies and practices before specified as also of such trespasses and contempts as had been made against the said King by the before-mentioned Matthew and his Complices By virtue of which Precept the said Thomas Robert and Thomas being met at Crowethorne the Monday next after the Feast of the Translation of S. Thomas the martyr in the year abovesaidâ— by the consent of the Lords of the Towns the Bayliff xxiiij Jurats and Commonality of the said Marsh viz. by Iohn Franceis Attorney to Simon Archbishop of Canterbury â— the Abbot of S. Augustines in Canterbury the Prior of Christs-Church in Canterbury Simon Master of Gods-House in Dovor Edmund Staplegate Lord of Nether-Bilsyngton and other Lords to this purpose specially elected with certain also of the Commonality scil William de Echyngham Stephan de Valeyns c. chosen likewise for the said Commonality did ordain and appoint 1. that the common Bayliff of the said Marsh who hath lands and residence therein should be elected by the publick consent of the Lords of the Towns of the same Marsh or their special Attornies And where the greater number consenteth the câ—oice to stand Which election to be made at Demecherche or Newecherche or some other fit place within the compasse of the said Marsh in the xv me of S. Michael yearly upon summons of the before-specified Bayliff except upon necessity and reasonable cause the said Bayliff ought to be removed within that year and another put in his place 2. And if the person so elected shall be present and refuse to undergo the said Office that he be forthwith amerc'd in xls. to be levyed by the succeeding Bayliff upon his Goods and Catals for the common benefit of the said Marsh And so forthwith a new choice to be made of another Bayliff who will undergo the Office and take his Oath and receive for his Fee the double of all the money assessed upon any whomsoever for their negligence And if the person so elected shall be hereafter hindered by any man so that he dare not undergo the Office that then the parties so hindering him to be severally punished by the said Electors in such sort as the said Bayliff should have been punished if he had refused to take his Oath and to bear the same Office 3. And if iâ— happen that he that shall so be chosen be absent at the time of election all his Goods and Catals to be forthwith distrained by the preceding Bayliff of the Marsh and impounded in fit and wanted places and there detained until he shall repair to the Arch-bishop of Canterbury Abbot of S. Augustines and Prior of Christs-Church for the time being or to one of them and admit of the said Office and take his Oath and thereupon carry to the preceding Bayliff his Letters sealed And this he shall do within six dayes next after the election made and if he do not then to be punished as aforesaid and a new election to be presently made 4. At which principal Last if the said common Collectors of all the former general Taxes will be present they shall make their accompt to the Bayliff xxiiij Iurats and Commonalty of the said Marsh Which accompt to be written by Indentures made betwixt them and the Bayliff xxiiij Iurats and Commonalty of the said Marsh. And after the same manner shall the Bayliff make his accompt of those things which belong to him to reckon for And if any of the xxiiij Iurats do make default in the said principal Last except he have a reasonable excuse he shall be amerc'd in xii d to be levyed by the Bayliff to the use of the Commonalty 5. And if it happen that any of the xxiiij Iurats do depart within the year or ought to be removed that then another be made choice of in his place and put in the said principal Last by the Lords of the Fees Bayliff xxiiij Iurats and Commonalty of the most faithful discreet and wealthy men of the said Marsh to the number of xxiiij compleat 6. In like sort it shall be done touching the Collectors and Expenditors so that they be not chosen out of the said xxiiij Iurats if the said Lords will be there And if the said xxiiij Iurats Collectors or Expenditors shall be chosen and will not take his Oath he shall be amerc'd in xxs. to be levyed as aforesaid and forthwith another chosen in his place and receive the chardge 7. And if the before-specified xxiiij Iurats shall be summoned wheresoever within the precinct of the said Marsh to the common or several Last where no more than eight or ten at the most do come by reason whereof there can be no Iudgement and Decree made for the safeguard of the said Marsh considering the absence of the greater number that then every absent person shall be â—merced by the Bayliff in vi d to be levyed as aforesaid whereof the said Bayliff shall make accompt in the principal Last 8. Also
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
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
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
â—is Commission bearing date at Chauâ—one the 18th of Febr. unto Stephan de Pencestre and William de Echingham to make enquiry in the Premisses and to make redresse of such injury as they should find to have been done therein And in 27 E. 1. the Sea-banks in this County being grown to decay in divers places Robert de Septvaâ—s and William Mause were constituted the King's Justices to take view of them and to take order for their speedy repair In 2 E. 2. William de Walleins and others being constituted Commissioners for the viewing of the Banks and Water-gangs in this County sate at Newcherche upon the Monday next following the Feast of S. Mildrede the Virgin in the said year where by the common assent of the Lords of the Marshes of Lyde and Oxney and the appointment of the King it was ordained that thenceforth the said King's common Bayliff in Romeney Marsh should oversee the Bayliffs and Jurats of the said Lyde and Oxney and when necessity should require to summon them together with the xxiiij Jurats of Romeney Marsh to fit places to consult of Ordinances and making Laws for the defence of the Lands in the said Marshes so that they should alwayes abide by the Determinations and Customes of the said Jurats for the lesse losse and more safeguard of their Lands notwithstanding any Custome to the contrary Saving alwayes the tenor of the King's Charter granted to the Commonalty of the said Marsh and likewise the Ordinances of Sir Henry de Bathe as also of Iohn de Lovetot and his associates for to remain in their full power In the same year Henry de Cobham Junior Iohn Malemeyns and William de Bernefeld were appointed by the King to take view of the Banks Sewers c. in East-Kent So likewise were Waresâ—o de Valeynes Iohn Malmeynes and Henry de Worhope assigned to make enquiry of the Banks Ditches c. in the Marshes of Meyhamme and Gatesdenne upon the Sea coast betwixt Smallyde and Meyhame then wanting repair through the default of Raphe de Thordonne Scoland de Forshamme Thomas Fitz Hubert of Hechyndenne and Walter de Marcleshamme â— who held lands in those Marshes In 6 E. 2. the Jury for the Hundred of Cornylo exhibited a Presentment unto Hervic de Stantone and his fellow Justices Itinerants sitting at Canterbury in the Octaves of S. Iohn Bapt. importing that the Prior of Christs-Church in Canterbury did about ten years then past divert the course of a certain water called Gestling in which such Felons as were condemned to death within the before-specified Hundred ought to suffer judgement by drowning so that by this turning of that stream those condemned persons could not there be drowned as formerly and that this was to the prejudice of the King c. And they likewise presented that the said Prior about two years then past raised a certain Trench of four foot by which the same water of Gestling coming from the upper part of that Country had wont to passe unto the Sea and wherein the King had used to have fishing worth Cs. by the year And that by the said diversion the King not only lost the profit of his fishing but a thousand and five hundred Acres of Land were thereby drowned to the great damage of the said King and all the Country thereabouts The Shireeve therefore had command to summon the said Prior c. Who appearing and the said Jury taking the premisses into farther consideration said upon their Oaths that as to the Fishing the said Prior and Covent had antiently a certain mill in a place called Lydene which Mill being burnt in the time of warr there was no other there built till that the Prior then living about ...... years past erected a new one And they said that after the building thereof the said Prior raised a certain Gutter four foot high which had there been made in former time for conveyance of the water from the upper parts of the Country And they said likewise that without the said Gutter there then was a certain Fishing which the Kings Officers belonging to Dover Castle it being within the liberties thereof sold sometimes for 30s. per annum sometimes for 20s. and sometimes for lesse And that the course of the said water which passed through the before-specified Gutter passed to that place wherein those condemned persons had wont to be drowned and their bodies carryed to the Sea And they moreover said that after the same Gutter was so raised the water so descending from the upper parts before-mentioned could not passe through it whereby not only the said fishing became totally lost but the drowned bodies could not be conveyed to the Sea by that Stream as formerly and all this by reason that the water had not it's passage there as usually and that the ground without the Gutter so increased and grew higher that the stream could not have it's course there And the said Jury being asked how long that Gutter had been so raised they answered for four years onlyâ— And what the said fishing was yearly worth they replyed one Mark The Shireeve thereof had command that he should cause the said Gutter to be put into the same condition as it was before and that the earth without the Gutter so raised should be thrown down again at the chardge of the said Prior c. so that the course of the before-mentioned water might run as it formerly did and the said Prior was amerced About two years afterwards viz. in 8 E. 2. Will. de Basinges Will. de Swantone and Will. de Leteriche were constituted Commissioners to oversee the Banks Ditches c. in the Marshes of Romenale and Oxene in this County and to take order for their repair So also in 9 E. 2. was Robert de Kendale then Constable of Dovor Castle Iohn Malmeyns of Hoo and Will. de Cotes for those in East-Kent The like Commission had Iohn de Ifelde Will. de Cotes Stephan de la Dene and Will. Lotriche in 10 E. 2. As also the said Robert de Kendale Nich. Kyriell Iohn Malemeyns of Hoo and William de Cotes In 11º E. 2. Thomas de Sandwiche Will. de Cotes Will. de Derby and Thomas de Poveyn were specially appointed to view the Banks Ditches c. in the Marsh of Chistelet lying also in East-Kent and to cause the defects therein amended The next year following Edmund de Passele Will. de Dene and Iohn de Ifeld were assigned to take the like view c. for those Banks and Ditches lying neer Newendene and Rolvyndene In 14 E. 2. Iohn Abell and Robert de Shirlond for those on the Banks of Medway neer to Reynham and the parts adjacent which had received much decay by the fresh waters And in 16 E. 2. the before-specified Edm. de Passele Iohn de Ifeld and Stephan de la Dane again for those
Water-courses and other necessary means And for execution of that their Statute and Ordinance in this behalf the said Iustices by the said assent upon the said Friday at Lyde aforesaid did nominate choose ordain and constitute of the Land-holders within those limits except before excepted Henry Bate and Simon Godard Bayliffs Andrew Bate John a Bregges and others Iurats Peter Fermour and Will Aleyn Collectors and Stephan Lovecock and John Inglet Expenditors of and in those Lands and Marshes except before excepted for the preservation safeguard and defense of those Lands and Marshes except before excepted and the Banks thereof And the said Bayliffs xxiiij Iurats Collectors and Expenditors so named chosen ordained and constituted personally and severally before the said Iustices upon the same Friday at Lyde aforesaid did take their Oaths and were chardged viz. every of them to his Office and to all which thereto pertained or should pertain in that businesse to do exercise and perform well and faitfully that is to say the said Bayliffs according to the form and effect of the Oath of the Bayliffs whereof mention is hereafter made and the before-specified xxiiij Iurats according to the form and effect of the Oath of the Iurors afterwards also recited and the said Collectors according to the form and effect of the Oath of the Collectors afterwards likewise noted and the said Expenditors according to the form and effect of the Oath of the Expenditors in like sort hereafter specified Also forasmuch as it did evidently appear to the said Iustices by the view and Inquisitions aforesaid made and taken in form aforesaid that the said Banks called Symondes Wall and Kent Wall and also the said Banks of those Marshes called Est mersh aad Becard within the limits aforesaid were defective and broken in divers parts to the great peril of inundation thereby like to befall all the said Lands and Marshes within the limits aforesaid except before excepted unlesse a speedy remedy were applyed it was ordained and decreed by the consent aforesaid that the said Banks should be sufficiently repaired and new made with all possible haste and so repaired and made new to be kept and continually maintained for the defence and safeguard of the said Lands and Marshes within the limits aforesaid except before excepted And as to the reparation and renewing of the said Banks called Symondes Wall and Kent Walle to be forthwith for the present made it was upon certain reasonable considerations moving the said Iustices decreed and ordained by the consent aforesaid that every person having Land within the said Banks called Symondeswalle and Kent Walle and the Bank called Goneswalle within the limits aforesaid for every acre of his Land there And likewise every one having Lands in the Marsh called Ockolt within those limits for every Acre of his Land there should pay two pence more than any other Land-holder within the Marshes aforesaid except before excepted should pay for one acre there to the assessing of the Tax for the instant repair and new making of those Banks called Kent Walle and Symondes Walle And then afterwards for ever according to the Ordinances and Statutes of Romeney marsh aforesaid all the Land-holders within the Lands and Marshes aforesaid except before excepted for the time being equally to contribute to the repair maintenance and custody of all the Banks of those Lands and Marshes within the said limits except before excepted for the repairing sustaining and making what should be for the defence and safeguard thereof viz. every of the said Tenants according to the proportion of his tenure and number of his Acres and Perches there And that the reparations scowring and making of all the Sewers Ditches Water-gangs Gutters and Bridges in the said Lands and Marshes within the limits aforesaid except before excepted then being or to be made for the safeguard and defence of the same should be done at the chardge and expenses of such as antiently they had wont to be Also it was ordained and decreed that it should be lawful for the Bayliffs Iurats Collectors and Expenditors of the Lands and Marshes aforesaid within the limits aforesaid except before excepted for the time being and for every of them and to all Labourers and Workmen imployed about any work to be done for defence and preservation of those Marshes except before excepted to go ride drive and carry upon and over the Land called the inner Forland and outer Forland of every Bank witin those precincts except before excepted or the Land lying neerest to that Bank and in other places wheresoever within those limits except before excepted where it should seem good to the said Bayliffs and ten or eight of the Iurats aforesaid to do and perform such things which do or should belong to their Offices or to do that work in such sort as in the like case had wont to be done in Romeney Marsh and as it should be expedient to be done for the putting the Statutes and Ordinances in execution which had been or should be made by said Iustices And if it should happen that any Land-holder within those Lands and Marshes except before excepted who ought to contribute to the premisses for his Lands therein in form aforesaid to be deprived or hindred of any way to go ride drive or carry to his Lands there or other Lands adjoyning by reason of the inundation of salt water or the raising of any Bank or other thing for the defence and safeguard aforesaid there made or to be made or so to be stopped or prevented that he could make use of the said way and having no other passage either to go ride drive or carry in form aforesaid it should be lawful to him for the future during the time of such his hinderance to go ride drive and carry upon and over the Land called the inner Forland adjoyning to the Bank or Banks wheresoever in the said Lands and Marshes within the before-mentioned limits except before excepted where he should think most meet to go ride carry and drive to his Land there or to his adjacent Land and over the said Bank or Banks overthwart them to such his Land without the impediment of any person whatsoever repairing and maintaining at his own proper chardges the said Bank or Banks sufficiently in that part where he the said Land-holder should so happen to go ride drive or carry Also it was decreed and ordained that twice every year for ever there should be held a principal and general Last within the said Land and Marsh except before excepted by the said xxiiij Iurats for the time being or ten or eight of them at the least viz. once within the xv me of Easter and again within the xv me of S. Michael the Arch-Angel at Brokland or in another place within the precinct of those Lands and Marshes except before excepted to be summoned and appointed by the Bayliffs aforesaid for the time being and that other several Lasts should be there
half of all the said grounds so to be inned according to the purport and true meaning of the said recited Indenture the other moytie to belong to the owners of the said Marsh grounds according to the several proportion of their quantities which they then had in those grounds to be holden of Edmund Cooke Esquire his heirs and assigns as of his Mannoâ—r of Lesnes and Fants in free Socage by fealty and one penny Rent for every Acre and not in chief nor by Knights service And that in consideration of the great chardge of this work the said inned Marshes to be dischardged from all Tithes and Tenths whatsoever for and during the term of seven years next after the inning winning and fencing of the same CAP. XIV AND now though by what hath yet been instanced touching the improvements made by Banking and Drayning upon the Verge of this River the first Commissions which I have vouched bear not date above three hundred and fifty years since yet do I make no question but that this good Husbandry was far more antient for notwithstanding the like Commissions for the defence and safeguard of the other Marshes situate higher upon this stream whereof I shall give instance by and by are not much elder it will by great circumstances be evident that some of these Banks are not of lesse antiquity than the time of the Romans here in Britaine otherwise how could that antient Borough of Suthwarke have been built the ground whereon it stands being at first naturally flat and low and within the power of the usual tides as the adjoyning Marshes still would be were not they defended by the like Banks though now by reason of the vast buildings there which do stand upon artificial ground it being in the nature of a Suburb to that great and antient City of London there be little notice taken that it hath been so raised where besides divers Roman coynes that are still frequently digg'd up I my self in the year 1658 saw in those fields on the backside of Winchâ—ster house called Suthwark Parkâ— upon the sinking of divers Cellers for some new buildings at about two foot below the present levell of the ground a Roman pavement made of Bricks not above an inch and an half square and adjoyning to it a more curious piece of the like small bricks in length about ten foot and in bredth five wrought in various colours and in the midst thereof betwixt certain borders in the fashion of wreathed columns the form of a Serpent very lively exprest in that kind of Mosaique work I now come to the Commissions The first whereof our publick Records do take notice is in 23 E. 1. which was directed to Iohn de Metingham and Will. de Carleton for the view and repair of the Banks c. betwixt Lambehethe and Grenewiche After this about three years through the neglect of those who ought to have maintained the Banks neer Retherhithe the breaches thereof were such as that a great part of those Marshes became drowned Whereupon the King committed the managing of their repair to his trusty and beloved Will Haward soon after one of the Justices of his Court of Common Pleas to whom he assigned a certain summ of mony for that purpose which not being sufficient for the accomplishment of the work though he the said William even beyond his abilities added thereto of his own purse the said King by the advice of his Counsail ordained that all those Lands which through the before-specified neglect were thus overflown and drowned should be seized into his own hands and committed to some such honest and trusty person as would be willing to take upon him the chardge of the said repair and new making of the said Bank to have and enjoy by an extent to be made thereof untill he should reimburse himself out of the profits of the said Lands to the full of whatsoever he might lay out upon that work In 2 E. 2. Iohn de Foxle Walter de Gloucestre with some others were assigned to take view of a certain breach of a Bank neer Bermundsey and to provide for the repair thereof In the same year it hapned that by reason of the said breach the Prior and Covent of Bermondsey received great losse by the drowning of certain grounds belonging to that House the King therefore at the request of Isabell his Queen granted this favour to the said Prior and Covent that nothing of the Corn Hay or any the Good or Catalls belonging to the said Priory should be taken to the use of the King or any other without the assent of them the said Prior and Covent The like breach also hapning in the Banks of the Marshes in Suthwarke which not long before pertained to the Knights Templars but then were in the King's hands he being advertised thereof directed his Precept bearing date at Barwick upon Twede 23º Maii 4 E. 2. unto William de Montalt at that time Guardian of those Lands commanding him that out of the profits of them he should cause them to be speedily repaired And in 9 E. 2. Richard de Repham and Edmund de Passele were constituted Commissioners for the view and repair of the Banks c. betwixt London bridge and the Mannour called Fauxes-Halle as also of a certain Bank in the Land of the Bishop of Winchester in Suthwerke which having been antiently made for the safeguard thereof was then ruinous and broken And likewise of certain Ditches whereby the fresh waters had formerly used to descend into the Thames which were then choak'd up And to distrain all such persons for the repait of the said Banks and Ditches who in respect of any lands that they held or otherwise were obliged thereto In 13 E. 2. upon an Inquisition taken before Iohn de Everdon and Geffrey de Hertelpole then the Kings Justices assigned to enquire of the defects in repair of those Banks which were situate betwixt London bridge and Grenewiche the Jury presented upon their Oaths that part of a Bank at Retherhethe containing thirteen perches in length was then broken and that Sir Iohn Latimer Knight in respect of a certain messuage that he had there was and had been chardged with the repair thereof time out of mind It was likewise presented that at a place there called Milnewardstrete there was a Gutter called Mouse goter so obstructed that the water which had used and ought to passe through it into the Thames was stopped and that one Richard le Chaundeler was obliged by right to clense and scowr the same by reason of his Lands there And moreover that there was another Gutter in the Land lately belonging to Richard de Dunle so stopped likewise the clensing whereof belonged to Agnes his widow then Tenant to the said Lands As also that there was another Gutter in the grounds whereof Richard de Ashwy had been lately possessed which Gutter being then likewise
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
de Brumpton held xiij Acres thereof Walter le Rooke two Acres c. And being asked if the said Prioresse held any part of the said Marsh in demesne or not they answered that she did not excepting a certain Rent of xiiijs. which she received of her said Tenants in the same Marsh over and above the service due and accustomed unto Sir Iohn de Handlo chief Lord of the Fee And because it was found by the said Jurors that at such time as the said Iohn de Covele held those Tenements in that Marsh he then held them wholly chardged with the repair of the said bank c. And that though by the alienation which he made of the same Bank together with the said Hope he only chardged them with the repair of the said Bank as aforesaid by reason whereof forasmuch as the said Hope was then gone the same Bank lay so unrepaired and became dangerous of necessity and according to the assize of the said Marsh recourse ought to be to all the said Tenements formerly and of antient time as aforesaid chardged therewith and to lay a new chardge upon them for that repair therefore it was decreed that all the said Tenements which formerly did belong to the said Iohn de Covele within that Marsh to whose hands soever they had come should be retained and chardged for the future to the making repairing and maintaining thereof And that all and singular the Tenants of the said Lands for the time being as also all others who were to have any benefit of them should be assessed for the repair of whatsoever defects should afterwards happen in the said Bank as often as need required viz. every Tenant or person receiving such benefit according to the proportion of his holding for ever And that the said Prioresse should not thenceforth be distrained and compelled to any repair thereof or contribution thereto above the rate of her due proportion of what she held And that these and all other the Banks in this County might be the better preserved for the future several Commissions were frequently issued out to sundry persons of note in these parts viz. in 12 E. 3. to Iohn de Brianzon Henry Gernet Humfrey de Northwode Benedict de Ditton Will. de Tendring and Richard de Henham In 15 E. 3. to Will. de Wauton Henry Garnet Henry Darcy Will. de Treye Benedict de Ditton and William de Tendring In 19 E. 3. to Richard de Kelleshull Henry D'arcy Will. de Tey and Benedict de Ditton and in 24 E. 3. to Richard de Kelleshull Thomas Tirell Iohn de Bergholt and Iohn Samkyn of Berkyng In 26 E. 3. upon a sute touching the clensing of the River betwixt Haveryng and Reynham the Jurors found that the Prior of S. Iohns of Jerusalem ought to do one half thereof which was then choakt up to the midst of the stream towards the Land of the said Prior in Reynham only And that every Tenant on that side towards Haveryng should do the like for that towards their own Land In 27 E. 3. Iohn de Staunton Henry Darcy Thomas Yonge Iohn de Rokewode William de Rokeswelle Will. de Horneby and Iohn de Tendring were appointed to view and repair the Banks c. betwixt Berking and Est-Tilbury In 29 E. 3. upon several breaches in the Banks within the Hundred of Dansey through the violence of the tides Iohn de Coggeshale Iohn de Newport Simon de Ogremount and Iohn Gamen of Tyllingham were constituted Commissioners for their repair By which Commission to take so many labourers as should be needful for that businesse aswell of those as had been before imployed therein as others born within Liberties and without where they should see fit the Fee of the Church excepted and to settle them in the work as also to arrest and imprison all such as they should find refractory therein till the said King should think fit to dispose of them otherwise In 30 E. 3. Iohn de Haveryng Henry Darcy Thomas Yonge Iohn de Rokewode and others were assigned in like sort for those betwixt Berkyng and Est-Tilbury So also in 32 E. 3. were Iohn de Haveryng Iohn de Bolyngton and others In this 32 year of E. 3. it was by the Jurors at Stratford-Langthorne presented that the Tenants of Haveryng had suffered the Chanel betwixt the said Lordship of Haveryng and the Lordship of Reynham to be so stopped up as that the stream which ought to passe that way was so much hindred thereby that it almost drowned the Pastures of the Commonalty of Havering lying neer that Chanell to the great damage of the said Commonalty which Chanel every Tenant on Havering side ought to clense towards his own Land The Shireeve therefore was commanded to summon the said men of Haveryng to answer thereto Who appeared accordingly in the Kings bench at Westminster on the Octaves of S. Hillarie viz. the master of the House of Hornchirche Iohn atte Dâ—une c. And being required to say what they could for themselves why each of them ought not to repair and scour the said Chanel on Haveryng side towards their own Land as it was presented the said Master and the rest said that neither they nor any of their Predecessors or Ancestors Tenants of the lands aforesaid did ever scour or repair the same nor of right ought so to do and thereof they did put themrelves for tryall upon the Country And Simon de Kegworth then the Kings Attorney said that they the said men and Tenants ought to repair and clense the same Chanel as it was before presented and this he offered to prove on the said King's behalf by the Country Whereunto the said Tenants assenting the Jurors were brought and upon their Oaths said that the said Master and others ought of right to repair and clense the said Chanel towards Haveryng against their own land as it was before presented Therefore it was adjudged that they should be distrained so to do c. After this about two years the like Presentment was made against the Prior of the Hospital of S. Iohn of Ierusalem and Sir Iohn de Staunton Knight viz. that they had injuriously suffered the said River betwixt Haveryng and Reynham to be choakt up so that the course of the water which had wont to passe through that Chanel did by the said obstruction drown the Pastures of the Commonalty of Haveryng which lay neer the same River Which Iohn being dead after that presentment so made it was decreed that his heirs should be distrained But it being proved that his wife then held those his Lands and that she gainsaid not but that she was ready to clense the one moytie of the said Chanel to the mid stream on her own side and likewise that the Tenants of Havering ought to clense the other moytie on their side the said Prior was dismist In 36 E. 3. Sir Iohn
whereof the said Marsh lay situate and Dionyse then Abbot of Robertsbrigge and the Covent of that Monastery for the title of that whole Marish and that upon an amicable agreement then made betwixt them the said Abbot and Covent did quit all their title thereto unto the before-specified Prior and Covent of Christ-Church But the said Prior and Covent out of a pious regard to the wants of the said Abbot and Covent did by their special favour then grant them and their successors one hundred Acres of those seven hundred viz. one hundred lying next to the Bank of the said Abbot and Covent neer unto the Land of Adam de Cherringe which at that time they had inclosed about the Newewodrove and that this Agreement was by the before-mentioned Earl then ratified and confirmed as the Instruments testifying the same then exhibited did fully manifest so that the said Abbot Covent ought not to challenge any thing more in that marish other than in those C Acres so given to them as aforâ—said In consideration therefore of all the premisses and circumstances thereof and especially of the Antiquity of the Evidences produced on each part as also to the obscurity of the bounds and limits of the said Towns of Snergate and Apuldre the perfect knowledge whereof by reason of the great and continual inundation of the Sea could not or was ever likely to be well discovered all parties therefore more desiring peace than strife and contention did unanimously agree that the said Prior and Covent of Christs-Church should release unto the Abbot and Covent of Robertsbrigge and their successors all their title to that parcell of land called the Newewoderove and in xxviij Acre of land then newly inclosed in the Bâ—ecarde towards Apuldre and in the said CCLxxi Acres and a half of Land then to be inclosed in the Becarde adjoyning to the said parcell of land called the Newewoderove lying in length under the Bank dividing the said Land of the Newewoderove and the said Marsh so to be inclosed in the Becard so that the said Prior and Covent of Christs-Church nor their successors should have power to claim any right therein after that time And in like sort the said Abbot and Covent of Robertsbrigge did release unto the said Thomas Archbishop of Canterbury and to the Prior and Covent of Christs-Church and their successors all their right and title to the residue of that Marish lying next to the Church of Fayrefelde towards the East and the course of the Sea passing from Rye to Apuldre towards the West and the bounds dividing the Counties of Kent and Sussex towards the South so that they should chalenge no title therein from thenceforth Which agreement was so made by the said Instrument under their publick Seals and beareth date at Canterbury on the xxth day of March in the year before-mentioned In 2 H. 4. Thomas Erpyngham then Constable of Dovor Castle Will. Brenchesle Robert Oxenbrigge Will. Marchaunt and others had Commission for the view and repair of those Banks and Sewers lying betwixt Farlegh in Sussex and Apuldre in Kent with power to act therein according to the Custome of the Marsh and the Law and Custome of this Realm The next year following Will. Rikhill Will Makenade Stephan Betenham Will. Bertyn Henry Horne and Iohn Proude had the like for those in the Marshes of Lyde Promhull Middele and old Romney with direction to do all things therein according to the Law and Custome of this Realm and the Custome of Romney marsh In 2 H. 5. Sir Iohn Pelham Knight Richard Nortone Thomas Colepepir William Cheyne and others had the like Commission for the view and repair of the Banks betwixt the Port and Town of Rye and Bodyham bridge and to act therein according to the Custome of the Marsh and the Law and Custome of this Realm In 5 H. 5. Robert Oxenbrigge VVilliam Marchaund Iohn Halle junior VVilliam Cheyne and Adam Iwode had the like appointment for those betwixt the Town of Rye in Sussex and Ebbeneye in Kent and to act according to the Custome of the Marsh and the Law and Custome of this Realm of England So also in 7 H. 6. had Sir Roger Fenys Knight Henry Hoorne Robert Oxenbrigge Thomas Auger Richard VVakeherst and others for those betwixt Bodyhain bridge in Sussex and Smalhyde in Kent with direction to proceed therein according to the Law and Custome of this Realm and the Custome of Romney marsh as also to take up so many labourers upon competent wages as should be necessary for the said work CAP. XIX I Now come to Sussex alone Where the first Commission of Sewers that our Records do take notice of was in 17 E. 1. being directed to Roger de Leukenore and Lucas de la Gare. The next year following upon complaint made by the Abbots of Bataille and Bekeham as also by the Priors of Okeburne Lewes and Hastings together with Baldwin de Aldham and many others who had Lands about Pevenesel marsh that whereas the King had assigned the before-mentioned Roger de Leuknore and Lucas de la Gare to take view of the Banks and Sea-diches neer the said Marsh and to provide for the safeguard and defence of all persons aswel rich as poor as had lands thereabouts the said Lucas together with the Prior of Michelham Will. de Donne c. not prosecuting the said King's appointment and order did begin to raise a certain Bank overthwart the Haven of Pevenesel as also a Sluse intending to finish them so that the fresh water could not passe through the midst of the said Marsh to the Sea by the same Haven to the great peril of all persons there dwelling and apparent drowning of their lands by the frequent overflowing of the said fresh water For remedy thereof the King therefore by his Letters Patents dated at Westminster 15º Iulii in the 18th year of his reign constituted Iohn de Lascy and VVill. de Echingham his Justices to make enquiry by the Oaths of honest and faithful men touching the same and then to do therin according to their discretion In 23 E. 1. Will. de Stoke was associated to the before-mentioned Roger and Lucas for the viewing and repair of the Banks c. in this County In 31 E. 1. the King being informed that the Banks and Ditches which had been made in the Marsh of Wynchelse for the defence of his lands there and preservation of the adjacent parts were then so broken by the overflowing of the Sea that the said Lands were in danger to be drowned and lost and that his Tenants of those lands by reason of a certain antient composition made betwixt them and the Tenants of other lands in that Marsh which was that the said Kings lands should be defended in such reparations by the other Landholders there refused to contribute to the repair of those Banks and Ditches And being
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
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
upon their Oaths that the common Watercourse betwixt Asheburnehamesmyll and Batesford to Godyngeshavene was so obstructed by sand mud grasse and other filth that three thousand seven hundred eighty and three Acres of land were by this stoppage of the course of the fresh waters drowned that it would be necessary profitable for the safeguard restoration of those lands that the common current from Morespicheswalle to the Mark dyke were newly clensed which contained six furlongs by estimation and might be scoured for xij Marks Which Chanel all the Landholders as well above Borham bregge as Rokland Morhale Hoo Ladyland Cralle and of the Land of Christian atte Mershe ought to make clense and scour And they also said that the current from Markdyke to Pevenese bridge contained in length xiij furlongs which being then likewise filled with mud and sand by the ebbing and flowing of the tides might be clensed and scoured according to their estimation for xll. And that there was need of a new Sluse at the said Pevenese bridge in length xx foot in bredth xiiij and in height four foot which might be made for xl. by estimation to the scouring of which Chanel and making the Sluce all the Land-holders above Borham bregge in Brodewyshe and Cornbroke ought to make full contribution and the Land-holders above Tonleghebregge to Condennesbregge half contribution according to the proportion of their lands And likewise all the Landholders on the South side of Morespicheswalle half contribution according to the quantity of their said lands And that all the Land-holders in the marsh of Mankesye Bestenovere Marchalls Bakers and Wykham to contribute for the purposes abovesaid a fourth part for this present occasion but not to be claimed as a due in time to come And they farther said that it would be necessary and profitable for all the Land-holders aforesaid and for the security of Pevense Haven that all the Banks on the other side upon the Saltes from Morespicheswalle to the Sea should be broken and taken away without any impediment of the Tenants of those Banks And they said moreover that if the said Port of Pevenese had not been stopt up with mud and sand by the ebbing and flowing of the Tides so that the fresh water from the said Sluse could not have it's course then would it have been needfull that the said Sluce should be pulled up and set down anew at Wyldemershe betwixt the Sluce of Hoo and the Sluce of Mankeseye and that a new Sewer should be made from the said Sluce so placed anew through the midst of the Lands of Iohn Aske unto the Kokyr of Mankesye allowing for the Land of the said Iohn Aske according to the Law Custome of Romene marsh Also they said that it would be necessary and beneficial for the Abbot and Covent of Begham for his lands at Roklond that they and their successors have one little Sewer with a bolt fastned under the common Water-course into the Brook of Hoo for evacuation of the dead water arising from rain and springs in the said grounds of Roklond and this to be made at their own proper chardges And the said Abbot and his successors to maintain the said VVater-course from that bolt called Morespicheswalle at their own proper chardges And if the said current through the increase of the water should go out of it's course by the neglect of the said Abbot or his successors that then it might be lawful for the Tenants of Hoo to shut up the said bolt untill he the said Abbot and his successors did make full satisfaction to the said Tenants of Hoo for their losses therby occasioned And the said Jurors did likewise affirm that it would be necessary to have one Bayliff one Collector one Expenditor and other Skawers of the most sufficient land-holders who might have power to do all things therein according to the Law and Custome of Romene marsh and to make new Ordinances of Pevense marsh and to return them into the Chancery to be exemplified with the said Kings great Seal so that if the said Sewers or Floudgates should be so repaired they might have benefit and full safety thereby And that in case a proper remedy were not the sooner had therein an inestimable losse would be like to happen within a very short time VVhereupon there was a Precept issued out both to the Constable of Dovor Castle or his Lieutenant and to the Shireeve of Sussex that both of them should give warning to all and every the land-holders of the Tenements within those Towns to appear before the said Commissioners at Marchalleswalle neer the ......... of Pevense upon the Thursday being the Eve of S. Margaret the Virgin then next ensuing to shew what they could say for themselves why they ought not to be chardged with the performance of those repairs according to the proportion of their holding and form of the said Inquisition and to do and undergo what the Kings Court should further appoint in that behalf And accordingly Iohn Colbrond was elected to the Oâ—fiâ—e of Bâ—yliff and sworn to act according to the Custome of the Marsh And Richard Palmere to the Office of Collector and Expenditor and sworn as aforesaid And Thomas Colbrond William Bulke and others to the Office of Skawers and sworn likewise to undergo that Office according to the Law and Custome of the said Marsh. At which day the said Lieutenant to the Constable of Dovor Castle made his return to the before-specified Prior of Michesham and his Fellow Justices that he did summon Iohn Aske Robert Redyng with divers others to appear before them and likewise the Abbot of Begham But the said Iohn Aske and many others appeared not But Iohn Wodelond and some others who did appear were ready to contribute to those repairs c. In 8 H. 4. Sir Iohn Dalingrugge Knight George Ballard Stephan Bettenhamme Will. Snayth Henry Horne and others were constituted Commissioners for the view and repair of the Banks upon the Sea-coast from a certain place called Blakwose in Kent unto Rye in this County and the coasts of the water called Apoldreflete from the Sea to Bodihamme on both sides the said water which at that time were much broken with the Tides And to perform all things therein according to the Law and Custome of England and the Custome of Romeney Marsh. And the next year following the same Sir Iohn Dalingregge Sir Iohn Pelham Knight Robert Oxenbrigge Iohn Hall the elder and Iohn Hall the younger had the like Commission for the Banks upon the Sea-coast betwixt Hastynges and Boxle within the Parishes and Towns of Wyltyng Holyngton Boxle Crowherst Hastynges and Bulwerhythe and to transact all things therein according to the Law and Custome of this Realm In 2 H. 5. upon an Inquisition taken before Thomas Erpyngham Constable of Dovor Castle Will. Brenchesle Robert Oxenbrigge and others for the view and repair of the Banks betwixt Farleghe in
de Metham for those betwixt Faxflete and Cawode And in the same year to Will. de Vavasur Will. de Houk and Thomas de Fisheburne for those in the parts of Merskland Inclesmore Hovedenshire then much broken and in decay In 8 E. 2. upon complaint made by the men of Merskland inhabiting upon the River of Done that the said River whereunto the Sewers of the neighbouring parts did use to run was partly by reason of the Sea-tides and partly by undue straightnings so obstructed and stopt that most part of the lands thereabouts were overflowed VVhich complaint being exhibited to the King in Parliament then sitting at Westminster he constituted Iohn de Doncastre Roger de Cloherne and Robert de Amecotes his Commissioners to enquire thereof and proceed to the redresse of the same In 9 E. 2. the said Iohn de Doncastre Peter d'Eyvill and Alexander de Cave were assigned to enquire of the defaults in repair and clensing of certain Ditches in the parts of Spaldyngmore within the Bishop of Duresme's liberty of Hovedene whereby the low grounds there were overflowed And in the same year the said Iohn and Alexander together with Hugh de Louthre Adam de Midleton and Adam de Hopton had the like assignation for the view and repair of those Banks upon Ouse betwixt Rikhale and Hoveden dyke In 12 E. 2. Hugh de Pykworth Iohn Travers and Adam de Hopertone were appointed to view the Banks c. in Merskland upon the River of Done to make them new in such places where they should think fit The like appointment in 13 E. 2. had Iohn de Doncastre Adam de Haperton and Nich. de Sutton for those upon Ouse betwixt Bardelby and Hemingbrough So also in 14 E. 2. had Alexander de Cave Thomas de Houke and Hugh de Pikworth for those betwixt Faxflete and Cawode And in 16 E. 2. the same Thomas de Houke Gerard de Ufflet and Iohn the Son of Richard de VVhitgift had the like for those on the verge of Ouse in Merskland betwixt the River of Ayre and Trent fall So likewise the same year had the said Thomas de Houke and VVill. Basset for those upon the said stream of Ouse from Berlay Water-house to Ayremynne and thence upon the water of Ayre to the passage of Carletone neer Snaythe In that year also did the King send his Precept to Adam de Strikeland then Guardian of his Mannour of Hathelsay at that time in his hand that he should cause the banks upon the River AEre belonging to that Mannour to be repaired in all places needful according to the view and testimony of honest and lawful men of those parts In 17 E. 2. VVill. Basset Thomas de Egmanton and Iohn the Son of Richard de VVhitgift and Commission to view the defects in repair of all the banks upon Ouse in the parts of Mersklond betwixt the River of Ayre and Trentfall And the same year had Alexander de Cave Thomas Houke Peter de Saltmersh Robert D'amcotes VVill. de Lincolne and Geffrey de Edenham the like Commission for the view and repair of those betwixt Suth Cave and Barneby neer Hoveden then broken in divers places As also for the VVater-courses and Ditches of Beleby wyk Fuâ—nath Ragolf dyke Lange dyke Skelflete Hingbriksik Blaktoft damme Thornton's damme Temple damme Miklestek Hebewisgote Trakput Mulnedam of Broukflet Frisdike and Hoddeflete all which were diverted out of their right courses by which diversions and obstructions and the want of repairing those banks the low grounds betwixt Thornetone Muleburne Cathwayt Suth Cave Yverthorpe North Cave and Barneby neer Hoveden were overflowed And in case that they who had thus diverted and obstructed these VVater-courses were not able to repair them again then to distrain all such to give assistance therein as by such reducing them to their former Chanels and deobstruction of those stops should receive benefit and safeguard The next year following had Roger de Somery Hugh de Pikworth and Robert de Babthorpe the like assignation for the view and repair of those banks Ditches c. on the East part of Ouse betwixt Turneheved and Barneby ferry As also for those on the VVest part betwixt Cawode and Ayremyn and betwixt Feribrig and Ayremyn on the South and VVest part In the same year likewise were Alexander de Cave Thomas de Houke Peter de Saltmersh and Iohn de Kilvyngtone constituted Commissioners for those banks c. upon the coasts of Humbre and Use betwixt the towns of Suth Cave and Barneby neer Hoveden then broken and ruinous and also of the VVater-courses from Wartre Brunnom Brunneby Hayton Beleby Beveldale Myllington Ulvesthorp Killingwyke Pokelington Arnethorpe Wappelington Thorneton Melborne and Cathwayt then obstructed and diverted out of their right courses by reason whereof the low grounds betwixt Beleby Suth Cave and Barneby viz. Fulne Rageldyke Langdyke Skelflete Hingbrigstike Blacktoft dam Thornton dam Temple dam Mychelsyk Helewysgot Crakeput and the Mylndam of Bromflet Frisdyke were drowned And to compell all those who had so diverted and stopt the said waters to reduce them to their antient courses and where need should be to make new Chanels for that purpose The like Commission had they for the banks c. betwixt the River of Done and Bykerdyke within the Isle of Axeholme in Lincolnshire In 5 E. 3. Iohn Travers Peter de Midleton Peter de Saltmersh and Simon de Baldreston were assigned to enquire concerning the breach of a certain Causey called Foxholedyke made by certain malefactors in the parts of Merskland in this County by which breach the lands of the inhabitants of those parts were drowned In 7 E. 3. VVill. de Hathelse Iohn de Clif and Hugh de Bradeford were appointed to view and repair the banks c. betwixt AErmyne and Selby So likewise in 11 E. 3. were Will. Basset Thomas de Brayton and Iohn de Lacy of Gateford for those betwixt Temple hirst and Ayrmyne on the North side of Ayre as also upon both sides of the River Ouse betwixt Ayrmyne and Selby In 13 E. 3. the King directed his special Precept to Richard de Aldeburgh and Will. Basset whereby he made recital that whereas he had by his VVrit under the Privy seal commanded Simon de Grimesby then Guardian of his Mannor of Brustwyk that he should cause his demesne Lands Meadows and pastures and likewise the Lands of his Tenants within that Mannour to be drayned which had been drowned by the overflowing of water and to make a certain trench there whereby the water might passe away and have a direct course as before that time it had And the said Simon together with his Free-holders and Bondmen of that Lordship did by virtue of that precept make a trench there in a certain place where long before there had been one And the said King being informed
that Margerie the VVidow of Robert de Botheby of Rihill conspiring cunningly to supplant him in his right caused the same trench in the said Kings absence from England to be stopt up and his Tenants of that Mannour who were at the making thereof to be impleaded by divers VVrits as trespassers to the said Margerie alleging that they had broken the Banks of a certain Sewer at Rihill aforesaid so that the water thereof by that breach did drown her lands that she could have no profit by them And that certain VVrits of Nisi prius for to take Inquisition upon the premisses were granted to the said Richard and VVilliam by which in case they should be taken or that there should be such proceedings therein he the said King might easily receive prejudice and disherison especially if thereby his said Tenants should be convicted of those trespasses for then it would appear that he had no right to make that trench Therefore the said King being desirous by all wayes he could to prevent such damage and disherison commanded the before-specified Richard and William that they should wholly supersede the taking of any such Inquisitions by virtue of his said VVrit of Nisi prius In 17 E. 3. Sir Thomas Ughtred Sir Gerard de Useflet and Sir Will. de Kednesse Knights Iohn de Bekingham and Iohn de Langeton were assigned to view the banks betwixt Turnbrigg neer Rouclif and the antient course of the River of Done in the parts of Merskland as also those upon the Rivers of Ayre Use and Done thereabouts which were then much broken by the flouds of fresh waters and to take order for the repair of them In the same year upon a Petition exhibited to the King in Parliament by the Inhabitants of Merskland in this County and they of â—xholme in Lincolnshire shewing that whereas King Edward the second at the sute of them the said Inhabitants suggesting that the River of Done which is the division betwixt the said Counties where the course of the water had wont to be aswell for the passage of ships from the town of Doncastre unto the River of Trent as for the drayning of the adjacent lands was obstructed by the Sea-tides and thereupon gave Commission to Iohn de Donecaster and others to clear the same and reduce it to it 's antient course VVhich Commissioners did accordingly cause a trench of xvi foot and one grain of Barly in bredth to be thereupon digged at the chardge of the men of those parts from a certain place called Crulleflet hill unto Denmyn and did thereby reduce that stream into it's antient course And that since the said trench so digg'd there were bridges floud-gates and divers other obstructions made anew in the said stream so that it had not sufficient bredth but that the passage of ships was hindred and the adjacent grounds overflowed he therefore constituted Roger de Newmarsh Thomas de Levelannor Iohn de Ludington and Iohn de Rednesse his Commissioners to remove those obstructions In the same year upon information by the Inhabitants of Rykhale Skipwith Eskrik Styvelyngflet Duffeld and Bardelby that the banks of a certain Sewer which passeth from the River of Ouse unto Rikhale were so low and ruinous at Rikhale that by the flowing of the Ouse entring that Sewer and going over the banks thereof divers lands and Meadows of the said Inhabitants of those places as also a certain Road-way which goeth from Hoveden to Yorke and another which commeth from Selby to Yorke through want of repair of those banks and raising them higher were many times overflowed so that the before-specified Inhabitants for many years past had lost the benefit of their said lands the King therefore assigned Will. Basset Sir Will. de Rednesse Knight Robert de Haldanby and Iohn de Bekyngham his Commissioners to enquire thereof and to redresse the same By virtue of which Commission they the said Robert and Iohn sate at Rikhale upon Friday being the Feast of the decollation of S. Iohn Baptist in the year abovesaid before whom Henry de Moreby and his Fellow Jurors being impanelled and sworn did present upon their Oaths that there was a certain Sewer at Ryhkale called Rykhaleflete in the land of the Bishop of Duresme and the Prebendary of the Prebend of Rykhale by which the waters that descended from the Fields of Eskrik Skipwith and Rikhall fell into the River of Ouse and had done so time out of mind and that the banks of the said Sewer and those lying near thereto upon the said River were so low and the same Sewer by the frequent ebbing and flowing of the Ouse so worn away and enlarged in regard that the course of that River from Rikhale towards the Sea was then more straightned than formerly by banks upon the verge thereof newly made for the safeguard of the Country in divers places which causing it in Floud-times to rise higher than usually did by it's entrance of that Sewer over those banks drown much land meadow wood and pasture belonging to the Inhabitants of Rikhale Skipwith Eskrik and Thurgramby so that they often lost their benefit of those lands through the want of repair and raising the banks of the same Sewer viz. of the Bishop of Dureâ—me his Lands about Lxiiij Acres of the Lands belonging to the Prebendary of Rikhale and his Tenants about an hundred Acres of the land of Iohn de Manesergh about xxx Acres of the lands belonging to the Abby of S. Marie in Yorke lying in Escrik Park about Lx Acres of the lands pertaining to Sir Raphe de Lascels Avice la Constable Nicholas Damory the Prioresse of Thikheve and her Tenants about Cxx Acres of the lands of Edmund de Averenges and Iohn de Skipwith about Cxx Acres And they also said that the Road-way which leadeth from Hoveden to Yorke as also that High way from Selby to Yorke were by reason of that overflowing of the water entring by the said Sewer so often drowned that no man could passe them And that one Will. le Mareschall by reason of the said overflowing was drowned in that Road betwivt Seleby and Yorke the year before and so likewise was one Walter Redhed at another time in a place called Welebrig overflowed in such sort by the said water And being asked through whose neglect it was that those banks were not repaired and who ought to repair them they answered that the Prebendary of the Prebend of Rikhale had in times past a certain Mill which stood in the said Sewer in a place called Rikhaldrun for his own private commodity and a pool raised to a certain height upon which pool was a Causey for the passage of Carts and Waines and under that pool a Sluse six foot in bredth for evacuation of the water descending from the before-specified fields by which Causey and Sluse the tides of Ouse coming up the same Sewer and flowing over the banks thereof entring the said pool were
Roclyff Alexander Lound Will. Mostone and Thomas Maners for those in the Wapentakes of Hertelle and betwixt Ouse and Derwent and the Liberty of Holdenscire In 30 H. 6. to Iohn Portyngton Sir Thomas Metham Sir Iames Pykering Knights Raphe Babthorpe Guy Roclyff Henry Thwaytes Iohn Vavasour Will. Moston and Thomas Maners for the same Banks c. In 33 H. 6. to Iohn Nevill Esquire Nich. Girlyntone Iohn Vavasoure Geffrey Blakey and Henry Bury for the same So likewise in 37 H. 6. to the said Iohn Nevill Iohn Thwaytes Rob. Drax Raphe Reresby and Richard Knight And in 1 E. 4. to Guy Fairfax Iohn Vavasour Rob. Shefelde Edw. Saltmarshe Geffrey Blakey Iohn Haldynby Iohn Barker and Iohn Yeland In 5 E. 4. to Iohn Earl of Northumberland Sir Robert Constable Knight Iohn Pilkyngton one of the Esquires for the Kings body Iohn Vavasour Alexander Lounde Rob. Sheffeld junior Edw. Saltmersh Rob. Portyngton senior and Leonard Knight for those Banks c. in the Wapentakes of Herthyll and betwixt Ouse and Derwent and liberty of Holdenshire In 6. E. 4. to the same Earl Guy Fairfax Iohn Vavasoure Rob. Sheffeld Edw. Saltmershe Rob. Portyngton senior Geffrey Blakey Iohn Haldenby Iohn Berker and Iohn Yeland for those in the parts of Mersland betwixt the Rivers of Ouse Doone Ayre and Went. In 49 H. 6. to Iohn Marquesse of Montagu Sir Robert Constable Knight Guy Fairfax Iohn Vavasour Rob. Sheffelde Edw. Saltmershe Rob. Portyngtone senior Rob. Lucas and Leonard Knyght for those in the Wapentake of Hâ—rthill and betwixt Ouse and Derwent and liberty of Hovedenâ—shire In 13 E. 4. to Sir Thomas Borough Knight Thomas Fitz William Iohn Haldenby Richard Portyngtone Iohn Egmantone Rob. Haldenby Rob. Sheffeld Edward Saltmershe Iohn Vavasour senior and Thomas Belwode for those within the bounds of Marshland betwixt the Rivers of Ouse Went and Mardyke as also within the Isle of Arholme in Lincolnshire In 19 E. 4. to Richard Duke of Gloucester Henry Earl of Northumberland Sir Robert Constable Knight Sir Tho. Metham Knight Iohn Vavasour senior Iohn Vavasour junior Rob. Sheffeld Edw. Saltmersh Iohn Aske Esquire Rob. Portyngtone and Leonard Knyght for those in the Wapentake of Herthill as also betwixt Ouse and Derwent and liberty of Houdenshire And in 22 E. 4. to the same Commissioners for all the places abovesaid CAP. XXIII NOr were the improvements of this kind lesse antient in that part of the County lying nearer to the Sea for in 13 E. 1. the King being informed that both his own Lands and the Lands of divers of his good subjects were often drowned for the want of repairing certain Banks in Holdernesse on which the violence of the River of Humbre had made sundry breaches assigned Thomas de Normanvill to take a view of them and to see them speedily amended The like Commisâ—â—on in 23 E. 1. had Thomas de Weston then Guardian of all the said Kings lands in that part of this Shire So likewise in 1 E. 2. had Miles de Stapeltone and Raphe Lelle and in 2 E. 2. Will. de Vaus and the said Raphe Lelle In 4 E. 2. Iohn de Lisle Thomas de Fisheburne Iohn de Sutton and Adam de Hoptune were constituted Commissioners for the view and repair of the banks c. betwixt Hull and Paphel In 5 E. 2. the King being informed that the Sewer betwixt the Port of Hedone and his Mannour of Brustwyk wanted clensing and repair and that the chardge thereof in regard of his Demesnes there belonged to himself directed his special Precept to Edmund de Mauley then his Guardian of that Lordship commanding him to take order for to scour and repair the same In 6 E. 2. Will. de Houke Alexander de Cave and Robert de Sandale goverâ—our of the Town of Kingston upon Hull were assigned to view and repair the Banks upon the coasts of the Rivers of Humbre and Hull So also the same year were Robert Tiliol and Gilbert de Stapelton for those upon the coast of Humbre betwixt Esingtone and Hedone And the next year following the same King directed his Precept to the said Robert de Sandale then likewise governour of Hull and Guardian of the said Kings Mannour of Mitone that he should take xll. of the Ferm of the same town of Hull and issue of the Mannour of Mitone aforesaid and imploy the said money in the repair of the Banks and Ditches upon those Rivers of Humbre and Hull according to the discretion and view of Richard de Gretford and other honest men of that town And the same year had Walt. de Faucumberge the elder Herbert de S. Quintin Iohn de Barton of Oswaldkirke appointment to view and repair the Banks that were then in decay either upon the Sea-coast or coast of Humbre within the precinct of Holdernesse in this County In 9 E. 2. Iohn de L'isle Iohn de Donecaster and Robert de Sandale were directed to view and repair the banks c. for safeguard of the Mannour of Mytone neer Kingston upon Hull which had forcibly andriotously been broken in the night time by Gerard de Useflet Rich. de Anlouby Raphe de Nevill and others and to enquire touching that misdemeanour The like Commission in 10 E. 2. was directed to Robert de Hastang Alexander de Cave and Robert de Hedon to enquire of the breach of those Banks by Loretta the VVidow of Iohn de Usflete Iohn her son Gerard de Usflete and others In 12 E. 2. Robert Constable of Burton Gilbert de Rishetone and Rob. de Hetone were assigned to view and repair the Banks and Ditches upon the coast of the Sea and water of Humbre in these parts and in the Wapentake of Dykering in Yorkshire The like appointment in 1 E. 3. had Robert de Constable Robert de Hedon Rob. de Burton and Iohn de Thwaits So also in 10 E. 3. had Iohn Sutton of Holdernesse Simon de Grimesby Thomas de Burton and Amand de Forthingham In 12 E. 3. Margerie the VVidow of Robert de Botheby and the Burgesses of Hedon in Holdernesse did by divers Petitions exhibited to the King and his Council in Parliament represent unto them that whereas by a certain Sewer called the Sturch which goeth from the Town of Bond brustwyk through the midst of Hedon unto the River of Humbre and betwixt the lands of the said Kings Teâ—ants of his Mannour of Brustwyk residing at Bond brustwyk on the one part and the Lands of the said Margerie at Ryhill on the other all the said lands on both sides had been drayned time out of mind and not by any other Sewer And that by pretence of a certain Mandate from the said King under his privy Seal obtained at the sute of some of his said Tenants threatning to oppresse the said Margerie and alleging
that the course thereof had been newly diverted by her out of it's antient Chanel which Mandate being directed unto Simon de Grimesby the said Kings Steward there requiring him to reduce the same into it's old course divers trenches were made upon the banks thereof in the grounds of her the said Margerie at Ryhill through which it extended in several places where no current of water had ever been till that time by a number of armed people in those parts insomuch as the Lands and Meadows of her the said Margerie which lay neer to that Sewer were totally overflowed by the tides of Humbre and aswell she the said Margerie in danger to lose the whole profit of her said Lands and Meadows as those Burgesses who held the said Town of Hedon of the King by a certain yearly Ferm and for their better paying thereof used to receive much Commodity by Boats and other Vessels that had wont to be carryed to that Town by the water of the said Sewer which by the making of those trenches was then dryed up The King therefore for remedy thereof gave Commission to Iohn de Stonore Iohn de Molyns Robert Parnyng and Hugh de Berwyk to view the same and to rectifie what was amisse therein In 14 E. 3. Raphe de Bulmere Iohn de Sutton Iohn de Meux Thomas de Burton and Thomas de Cayton were assigned to view and repair the Banks c. upon the coast of Humbre in the Towns of Frismersh Tharlesthorpe Kayngham Ryel Burton Pidse and Halsham The like assignation in 16 E. 3. had Robert de Hilton Will. L'engleys Iohn le Constable of Halsham and Walter de Waldegrave for those in the Towns of Patrington Frisemersk Tharlesthorpe Otrygham Weynestede Frothingham Newsum Rymmeswell Outhorne Wythornes Redmayr Holaym Risum Holmton Thorpe juxta Wellewyk and Penysthorpe So also had Herbert de S. Quintin Richard de Ros Iohn de Sourdenhale and Robert de Wythornwyk for those from Lamwath bridge Northwards within this liberty of Holdernesse The chardge in supporting of which Banks and Sewers was such that the Inhabitants of Frismerk finding it very burthensome did in 18 E. 3. by Petition to the King and his Counsel in Parliament exhibited complained that their lands were often overflowed by the tides of Humbre and that they had been at a constant and very great chardge for the safeguard of them so that they could not pay such taxes and impositions as they had done being lesse able to maintain their said Banks for preservation of their Town than formerly and therefore humbly besought him that taking the premisses into consideration he would command that the Fifteen then granted to him in Parliament by the Commonalty of this Realm for two years ensuing as also all other Assessments for the future might be ratâ—d according to the value of the goods and Catalls which they then had in that Town VVhereupon the King compassionating their condition assigned Michael de Wathe Iohn de Constable of Hasham Robert de Sprotle Clerk and Iohn Sturmy his Commissioners to enquire thereof VVho did accordingly and certified that the said lands were very often overflowed by the before-specified River of Humbre as also that the third part thereof were totally destroyed and consumed by the tides and that the said Inhabitants had often been at inestimable costs for the safeguard of that their town and must still be the King therefore deeming it not consonant to rightâ— that they should be unduly chardged in any Tenths Fifteens or other Assessments for their lands so wasted and destroyed directed his Precept to the Assessors and Collectors of the Tenth and Fifteen granted to him by the said Commonalty of this Realm in that Parliament beforespecified requiring them that having farther information touching the value of the movables which they then had in that town they should assesse them accordingly and supersede the collection thereof according to the tax of the old Fifteen By virtue of which Precept the said Inhabitants of Frismerk being assessed at xxvis. viijd. per annum for each of the said two years the King sent his Mandate to the Barons of his Exchequer requiring them that in that Fifteen nor the like for the future to be granted they should not be rated at any greater summ The like Mandate was also directed to the Collectors of VVools for the Est-Rithing of this County for a proportionable abatement to the Inhabitants of the said Town of Frismerk upon the same considerations In 26 E. 3. Thomas Metham William Playce and Henry Greystoke were constituted Commissioners for to set up certain metes and bound-marks in the Kings Marshes and Fishings within the parts of Holdernesse in the presence and with the advice of honest and trusty persons of the Country so that the said King and others might have full knowledge of their severals in those Marshes and Fishings In the same year Iohn Sutton of Holdernesse Thomas de Seton Will. de Skipwith and Iohn de Wilton were appointed to view the Banks c. upon the coast of Humbre betwixt the Towns of Hesele and Ravensere as also upon the coast of Hull betwixt Beverley and Kingston upon Hull So also were Sir Robert de Hilton Knight Illard de Usflete Iohn de Bilton Peter de Grymesby and Will. de Hoton for those within the Precincts of Holdernesse and Ravensere unto Wistede in this County In 30 E. 3. the King being informed that the tides in the Rivers of Humbre and Hull did then flow higher by four foot than they had wont to do by reason whereof the common Road-way leading from the Town of Anlaby to Kingston upon Hull as also the lands and Pastures lying betwixt both those places and the Town of Hesell were overflowed and consumed And being also advertised that it would be necessary that the antient Ditch which had extended from the said Town of Anlaby to Anlaby ker should be new clensed and enlarged for the space of twelve foot in bredth and that from thence a new Ditch of xxiiij foot in bredth should be made extending to the Pasture of Miton neer unto the said Town of Kingston upon Hull and so through the midst of that Pasture unto the same town of Kingston by which Ditches the said waters at every tide might passe to and fro And that the said way ought to be raised much higher the said King by his Letters Paâ—ents bearing date the tenth of May in the year abovesaid assigned Thomas Ughtred Gilbert Chasteleyn Will. de Skipwith Thomas de Ingelby Iohn de Bentele and Iohn de Wilton to cause the premisses to be effected How long the tides upon this coast kept their course so much higher than they had formerly done I am not able to say but 't is like that they did so for no short time after there being scarce a year in the succeeding part of this
associates then Justices of Sewers in this County touching their proceedings in a Commission directed to them for the view of the Banks and Ditches betwixt Boston and Barton aforesaid and enquity through whose default the breaches and decays therein were not repaired they certified that the Jurors impanelled and sworn before them by virtue of that Commission did upon their Oaths present that it would be much to the benefit of the North Common of Burghe near Waynflete and of the Tenants of the lands Meadows and Pastures in Wynthorpe and Ingoldmels on the VVest part of a certain Wardyke called Dâ—fdyke that there sâ—ould be a new Sewer made in Wynthoâ—pe contâ—ining in bredth xij foot by the Kinâ—s Elâ— for the drayning of the lanâ— meadow and Pasturâ—s there viz. from a place called Nedderhowe in Wynthorpe uâ—â—o a comâ—on High way called Châ—lgâ—tâ— beginning first from Nedderâ—owe at the lands sometime belonging to Robert Herrier of Wynthorpe on the East and West part and the lands of Robert the son of William Buttercake of Wâ—nthorpe on the East part and thence betwixt the lands of the said Rob. on both parts to the common high way called Chelgate And that one Floudgate should be new made and fixed athwart the same high way by which the said Sewer might run whereupon a Bridge to be erected by which travailers and Carriages might securely passe too and fro and from that Floudgate the said water to passe into an old Sewer made in Skegnes to Whete croft gote within that town and thence to the main Sea And they said that the quantity of the Lands Meadows and Pastures aforesaid which had preservation and benefit by the said Sewer were MCLxix Acres and 1 Rode whereof every Acre was assessed at xij â— for making of the said Floud-gate and bridge the name of every Land-holdâ—r and the particular number of Acres then held by him being there exprest In 41 E. 3. Sir Godefrey Foljaumbe Sir Will. Croiser and Sir Iohn Dâ—mock Knightâ— Simon Simeon and others were appointed to view and repair the Banks and Sewers upon the Verge of the River of Wythom from Marton dyke to Boston The like appointment in 42 E. 3. had Thomas de Ingelby Godefrey Foljaumbe Simon Simeon with others for those betwixt the Towns of Skidbroke and Humberstone So also had the said Thomas de Ingelby Iohn Moubray Godefrey Foljaumbe Will. Croiser and others for those betwixt Boston and Stikeswald Several other Commissions do I find afterwards to the like purpose viz. in 42 E. 3. to the said Godefrey Foljambe Iohn de Stafâ—ord and Iohn de Nessefeld Clâ—rks Iohn de Haghe and Iohn Amery for those from Saâ—tdet haven to Waynflet In which year it was presented that the Sewer pasâ—ng on the West part of of the High Road which drayned â—heves Creke South lade Northlade Lusdyke and Bullingbrooke Fenn ought to be repaired by the Tenant of the Duke of Lancasters fishing in Waynflete In 44 E. 3. to Richard de Raveâ—sere Archdeacon of Lincolne Sir Iohn de Welle Knight Thomas de Ingelby and others for those betwixt Ingoldmels and Grymesby In 47 E. 3. to Henry Asty Iohn de Boys Will. Wascelyn and others for those betwixt Buterwyk and Doneheved In 48 E. 3. to the same Henry and Iohn with Thomas de Brunham and others for those betwixt Gaynesourgh and Doneheved In 49 E. 3. to Robert de Wylughby Rob. de Crumwell Will de Skipwith and othâ—rs for those betwixt Skegnes and Grymesby In 3 R. 2. to Sir Robert de Wylugâ—by Sir Raphe de Cromwell and Sir Will. de Skipwith Knights Iohn de Hagh and others for those betwixt Skegnes and Goushull In 4 R. 2. to Iohn K. of Castile and Leon Robert de Wylughby Iohn de Welle Raphe de Crumwelle Will. de Skipwith and otherâ— for those betwixt the Towns of Wrangell and Barton upon Humbre The like in 6 R. 2. to the same Iohn K. of Castile c. Henry de Percy Earl of Northumberland Robert de Wilughby and others So also to l Henry Asty Will. de VVilughby Iohn Bussy Iohn de Hawe Robert de Haldanby and others for those betwixt Gaynesâ—urgh and Doneheved upon the Verge of Trent In the same year to Sir VVill. de Skipwith Sir Will. de Wilughby and Sir Raphe Paynell Knights and others for those betwixt the Towns of Coryngham and Frethyngham And betwixt Gaynesburgh and Coryngham In 12 R. 2. to Iohn Markham Gerard de Sothill Hugh de Mitford and others for those betwixt Gaynesburgh and Burton Stather on the East side of Trent and betwixt a certain place called Prest croft dyke and Donehed on the West part thereof In 13 R. 2. to Sir Iohn de Welle Sir Thomas Hungerford and Sir VVill. Skipwith Knights Iohn de Rochford and Iohn Hawe for those betwixt Tedeney and Skegenay In 15 R. 2. to Sir Philip Spenser Sir Henry Retteford and Sir Iohn Powether Knights VVill. Crosby Iohn Hawe VVill. Holme and Iohn Redenesse for those upon the coast of Humbre in the Marshes of Stallyngburgh betwixt the Towns of Imyngham and great Cotes By an Inquisition taken at Bullingbroke before Iohn Rocheford Iohn de la Lande and Iohn VVallis in the 17th year of King Rich. 2. and in the presence of Iohn Bushey high Steward of the Dutchy of Lancaster it was found that the Sewer called Goodike extending it self through the East fenne unto the Eas end had wont and ought to be xvi foot in bredth betwixt the banks and in depth eight foot but was then stopped by a VVear which VValter de Athall and VValter Randson had made there for that it was not then four foot deep and that it ought to be scoured and clensed by the said Walter and VValter Fermours of the fishing there or whomsoever else should be the Fermours thereof by the assignation and dimise of the Lords of Busâ—ingbroke and Dalby or their Bayliffs And it was also presented that the Sewer called the South lade extending from the Eastfenne aforesaid unto the Eas end ought and had used to be in bredth xvi foot and in depth eight foot and likewise to be repaired by those Fermours as aforesaid but was then also stopt by those Fermours of the Fishing And that the Banks of a third Sewer called Lyme beginning at Stepinge mill and extending it self to the Clow betwixt Steping and Thorpe ought to be repaired and raised higher by the Township of Thorpe And thence to the Ease ende called Lusdyke the bank on the East side to be repaired by the Towns of All hallows and S. Maries so that the water running into the said Sewers might no way enter the Fenn And that the said Sewer from the Clowes of Thorpe to the Eas end ought to be xvi foot in bredth and eight foot in depth being then obstructed by a VVear which those Fermours
of the Fishing had set up And that Henry Earl of Northumberland of right ought to repair the same Sewer from the Clowes to the Southdykehyrne by reason that he held the Fishing there in severalty as belonging to his Mannour of Thorpe And that the Lords of Bullingbroke and Dalby or their Fermours ought to clense the said Sewer from Southdike hirne unto the Eas ende because they had the fishing there in severalty And they likewise presented that there was a fourth Sewer called Theviscrik beginning in the Mosses of Friskenay at VVilliam Barnagates and extending it self to the Eas end where the four streams do meet and that it ought to be in bredth ten foot and dept five but was then also obstructed by a certain Were which the Fermours of the fishing had made and ought to be repaired by the said Town of Friskenay And that the Sewer called Eas end where the four streams meet ought to be in bredth fourty foot and in depth fourteen to the Sea and repaired by the Soke of Bullingbroke as often as need should require And they farther presented that it would be requisite that a new pair of Floud-gates should be made at the Damme in bredth xij foot and depth according to the discretion of skilful persons And that all the Towns within the Soke of VVapentake of Bolingbroke as also the towns of Wrangle Leake Leverton Benington Butterwick Freston and Tofte ought of right to repair maintain open and shut those Floud-gates at proper times on their own costs and chardges for ever excepting in Timber Iron VVork and also VVages of Carpenters And to the end that all discord betwixt those Towns touching the repair of the said Floud-gates might for the time to come be prevented it was then accorded by and between them with the common assent aswell of the said Duke of Lancaster's Counsel the Lord of Willughby and Abbot of Revesby as of all other Lords and Inhabitants or their Free-holders dwelling in those Towns in form following viz. that every of the said Townsmen should then at the first levy and collect for the said repair the fourth part of such a summ as the same Town had antiently been assessed at to a Fifteen granted and payable to the King by the Commons of England VVhich said summ so levyed to be delivered unto two discreet men to be chosen by four throughout all those Towns who should be obliged from year to year as followeth First two of the Soke of Bullingbroke at the next Court of the Duke of Lancasteâ— at Bullingbroke before Michaelmasse yearly to be held before the Steward or his Deputy there And two other of the Towns within the Wapentake of Skirbeck above named to be chosen from year to year at the said Duke's Court next before Michaelmasse at Wrangle before the Steward thereof or his Deputy which four so to be elected to be aswell of the Tenants of the said Lord as of the Tenants of any other Lords according to discretion And they to meet at Waynflete twice every year viz. once within a month after Easter and Michaelmasse and then to oversee those floud-gates and all the Sewers aforesaid and if any defect should be found in them then to cause them to be repaired and amended with all speed according as in their discretions they should think most meet And that at such their meeting after Easter the said two so elected for those disbursements as aforesaid to render their Account before the said four touching those common repairs and expences And in 17 R. 2. to Sir Philip Tilney Knight Iohn de Crosby Iohn de Rocheford of Boston Iohn Laund of Pynchebek Thomas de Tofte and Iohn Waleys for those betwixt Hildyke and Bolyngbroke and to hear and determine all things therein according to the Law and Custome of this Realm and the Custome of Romeney marsh as also to take up so many Labourers upon competent wages as they should think needfull for that work considering the necessity of expedition therein In 19 R. 2. there was a Presentment made in the Kings Bench in Easter term which was then held at Lincolne by the Jurors of divers VVapeâ—takes in this County that the Marshes of Est Fenne and Westfenne as also divers Lands Meadows and Pastures lying in the towns of Leek Wrangel Frâ—fkeneye and Waynflete betwixt the waters of Wythom and Waynflete were drowned by a great â—undation of water so that all the Inhabitants of those towns and of the Soke and VVapentake of Bolingbroke did wholly lose the benefit of their lands and Marshes there through the defect of a certain floud-gate at Waynflete which was so narrow that the course of the waters passing that way could not go to the Sea and that the town of Waynflete ought to repair that floud-gate as antiently they had wont to do And the said Jurors farther alleged that the same floud-gate was not of bredth and depth sufficient to convey the said water to the Sea and that it would be necessary to have another floud-gate new erected near unto the same of xviij foot in bredth and that the towns of Leek Wranghill Friskeney and Waynflete together with the Soke and VVapentake of Bolingbroke as also all thâ—se which had Common of Pasture in the said Marshes ought to contribute to the making thereof And that when is should be made then the said town of Waynflete to repair and maintain it at their own proper costs untill it should be necessary to make it anew excepting timber and Iron And they said moreover that except this were done both the Marshes lands meadows and Pastures aforesaid and Commons in those towns Soke and wapentake before-specified would wholly be lost And they also said that there was a certain Sewer from Hasend at UUaynflete unto the said Floud-gates wherein the Duke of Lancaster and the Lord of Dalby had fishing who in respect thereof ought to repair and clense the same The Shireeve thereof had command to summon all those Towns to answer this their neglect The next year following the Towns of Dunham Scothorne Reresâ—y and Staynton being presented for neglecting to repair the Sewer called Fen dyke which extends it self from the town of UUelton to Langwath and not denying but that they ought to maintain the same were each of them amerc'd at xld. In the same year the Inhabitants of Wytherin Scrubby UUodethorpe Malteby Besby Hamby Markeby Billesby Alford UUelle Salby Thoresthorpe Riggesby and Aby being presented for not repairing the Sewer called the South gâ—ist lying betwixt Malberthorpe and Trusthorpe which extends it self from a place called Axiltrehirne to the Sea and by which all the course of the water of those towns had used of right to run to the Sea for the safeguard of the said Towns which said Sewers together with the Gote called UUall-gote was then stopt up did put themselves upon the Country the Shireeve therefore had command to summon a Jury
County did exhibit a Presentment in the Court of Kings Bench importing that this Chanel called Fossedike extending it self from the River of Trent at Torksey unto the City of Lincolne having been antiently open and full of water so that ships and boats laden with Victual and other vendible Commodities did use to passe to and from Notingham Yorke Kingston upon Hull and sundry other places and Counties by the said River of Trent and so by this Chanel to Lincolne and from Lincolne to Boston to the great benefit of the said City of Lincolne and advantage of all Tradesmen passing that way as also of the whole Country adjacent was then choakt up for want of clensing and repair And that the Prior of Torkesey and town of Torksey with the members thereof the Prioresse of Fosse Iohn Bishop of Lincolne Gilb. Earl of Angos his Tenants Sir Raphe Daubney Knight and his Tenants the Abbot of Newsum Iohn Frunell â— the Tenants of the lands of Gilbert de Bridshull the Tenants of the lands of Hugh de Normanton of Saxelbie the Lady Katherine Swinford Iohn Brett of Thornhagh in the County of Notingham Sir Raphe Painell Knight and all other the Lords of the Towns lying on each side the said Chanell and their Ancestors whose Lordships lay on either side and abutting on the same every man according to the proportion lying against his own Lordship did and ought to clense and repair the said Chanel And they said moreover that it had been so choakt up and obstructed for above thirty years then last past to the great damage of the King as also of the whole Country and City aforesaid Notwithstanding which Presentment the King issued out a Commission the very next ensuing year unto Sir Michael de la Pole Knight Mr Geffrey le Scrope and Iohn de Stafford Clerk to enquire touching the obstruction thereof But I make a question whether it was thereupon clensed for in 8 R. 2. which was about nine years after I find that Iohn Duke of Lancaster Iohn Bishop of Lincolne Henry Percy Earl of Northumberland Sir Michael de la Pole Knight Sir Philip Darcy Knight and others were appointed by the said King to cause it to be repaired and scoured so that ships and boats might have a clear passage through it as antiently they had used CAP. XXXI The Marshes on Withom ON the South side of this Province lyeth the River of Witham extending it self from the Suburb of Lincolne to Boston by which stream great Vessels have antiently come up from Boston to that City as the Inhabitants thereof do by tradition affirm and as may seem by large ribs of them which within memory have been there dig'd up But the descent of this stream from the said City to the Sea is so little that the water having a slow passage cannot keep it wide and deep enough either for navigation or drayning of the adjacent Marshes without the frequent helps of digging and clearing the same the mud and weeds increasing so much therein I shall therefore in the next place take notice of what I have met with tending to that purpose as also of it's course above that City whereof the first mention that I find is in 6 E. 3. Henry de Fienton Will. Dysney and Thomas de Sibthorpe being then constituted the Kings Commissioners for the viewing thereoâ— betwixt the Town of Bekingham and the City of Lincolne it being turned out of it's right Chanel in sundry places and so obstructed with sand mud and plantation of Trees as also by Floud-gates Sluses Mills Causeys and Ditches that the course of the same being hindred caused frequent inundations to the lands adjacent After this viz. in 37 E. 3. there was a Presentment exhibited to Iohn de Repynghale and H. Asty then the said Kings Commissioners of Sewers sitting at Newerk upon Monday next after the Feast of S. Laurence for the view of the said River of Withom and removing all obstructions and impediments wherby the free current thereof from the Town of Claypole unto the said City of Lincolne was hindred VVhich Presentment being made by the Jurors for the Wapentakes of Boby and Graffow importeth that the East Mill at Bracebrigge belonging to the Knights Hospitalars of S. Iohn of Ierusalem in England standing in the right course of that River did obstruct the current thereof to the great damage of the said King and the Country and that this was through the default of those Knights Hospitalars And they farther said that the same River then had not sufficient depth nor bredth from the Sheep-cote belonging to the Prior of S. Katherines unto the bridge at Bracebrigge and that the said Knights Hospitalars had certain Floud-gates therâ— which did turn the right course of that River out of it's proper Chanel whereupon the Shireeve of Lincolnshire was commanded to summon the Prior of the said Hospital of S. Iohn of Ierusalem to appear before those Commissioners at Newerk the Wednesday next after the Feast of the Assumption of the blessed Virgin then next ensuing to answer to these particulars Who appearing accordingly did allege that he and his Predecessors had been seized of the said Mill time out of mind as in the right of their House and that the said Mill then stood as it had antiently used to do without that that either he or his Predecessors had built any new Mill there and that this he was ready to justifie And as to the Floud-gates he said that it was erected there time out of mind with this Order viz. that the Gates thereof should be yearly removed from the Feast day of S. Elene in the month of May unto the Feast day of the Exaltation of the Holy Crosse but that after that day untill the Feast of S. Elene they should stand in their places And if the said River of Withom should happen upon any occasion to be so much raised as to be above a certain stake standing on the South side of the said Floudgates then the same Gates to be removed untill the water should abate to the height of that stake which said stake had been there made and placed for a gage time out of mind without that that any Floud-gates were raised higher than that stake or that the same Floud-gates ought to be removed The businesse therefore being come to this issue the said Commissioners sitting at Carleton in Moreland on Friday next after the Feast of S. Iohn Baptist in the year abovesaid it was found by a verdict of the Jurors that the said Prior of S. Iohns and his Predecessors were not seized of the said Mill and Floud-gates time out of mind as had been before alleged but that they were erected there after that time though not by the said Prior therefore it was decreed that the said Mill and Floud-gates should be removed and the Shireeve of Lincolnshire had command to remove them accordingly and to make certificate of his doings
Crouland bridge to Wodelademouth the River of Weland is the fence thereto having the before-specified Isle on the East part of itâ— and the Fen called Goggeslound on the West And from Wodelademouth to the common Sewer of Asendik the said River of Weland is the limit thereof having the said Isle on the South part and Spaâ—ding fen on the North. And from the said Sewer to Aswiktost doth the water of Asendik bound it having the same Isle on the South parâ— and the Fens of Spalding Weston and Multon on the North. Moreover of the Fens lying opposite to the said Isle on the West side these were then the limits viz. from Namans land hirne to Finset thence to Groines thence to Folwardstaking thence Northwards to the stream of Weland where South lake enters thereinto and so passing over the said River of Weland and ascending to Aspath thence Northwards to Werwerlake and so by Harinholt to Mengarlake thence to Oggot otherwise called Dedmans lake and so by Apinholt and Wodelake Eastwards to Wodelademouth which is the boundary of the Isle on that side towards the North as Namans land hirne is towards the South Howbeit the Common of Pasture for Cattel extendeth farther than the before-specified bounds of those Fens Southwards even to the lands belonging to the Monks of Medeshamsted now Peterborough and towards the West of the Lands of the Monks of S. Pega now Peakirke in the South fens of Weland and in the North fens towards the West to the Town of Deping â— Northwards to Spaldeling The other boundary is by Edred King of great Britaine thus described in the year of Christs Incarnation DCCCCxlviij viz. from the triangular Bridge at Crouland by the River of Weland towards Spalding unto Asâ—ndike where Asendik falleth into the River of UUeland on the North part of a certain Crosse of stone there erected by Abbot Turketill and so upwards to the East by Asendick to Aswicktost Thence to Shepishee on the East side of the same Isle and so to Tedwarthar and there entring South Ee to Naman land hirne where the said Abbot Turketill set up another Crosse of stone six perches distant from South Ee the division of the Counties of Lincolne and Cambridge being in that water and the said Crosse being distant from the River of Nene five perches VVestwards And so along the said River of Nene as it runneth to the before-specified Bridge at Crouland VVhereunto belonged likewise the several fishing aswell in all the waters invironing the said Isle as in the Pools and Fens within the Precincts thereof together with the Marshes and woods of Alderlound situate VVestwards and opposite thereto all which were annexed to the County of Lincolne according to these subsequent boundaries viz. from Naman land hirne by the River of Nene westwards to Finset where there is a Cross of stone set up near the River Thence to Grinis thence to Folwardstaking and thence to Southlake where it falleth into Weland And so passing over the said River of Weland and beginning at Kenulphston near the stream over against Southlake where Kenulph the first Abbot of this Monastery fixed a Crosse of stone for the limit betwixt Crouland and Deping And thence tending Northwards near Aspath unto Werwarlake and so to Harinholt and then up by Mengarlake and Lurtlake where the bounds of Holand and Kestevene are Thence to Oggot and so to Apinholt otherwise called Wodelade where the same UUodelade falleth into UUeland VVhich ample possessions though they yielded not much profit in regard so great a quantity of them lay then for the most part under water yet can it not be denyed but that upon the invasion of those Pagan Danes in the time of Beorred King of Mercia they hapned to be their chiefest refuge the lives of most of the Monks of this Abby being then secured by means of these spacious Fenns in the reeds and thickets whereof they hid themselves to avoid the cruelties of those barbarous people whilst the rest of their Covent were murthered and the Abby burnt VVhich Monks so preserved and after that woful masacre returning again contented themselvs with such habitations as the ruines there left would afford them Nor had they better untill the time of King Edred that Turketill then his Chancellour taking to heart those their sufferings procured that King to rebuild it and not only so but out of his singular devotion to God and affection to this place giving six goodly Mannours thereto and causing himself to be shorn a Monk became afterwards Abbot there Whereupon through the munificence of that good King and the bounty of the said Turketill being thus restored to it 's former splendor there was no good means unattempted that might conduce to the bettering and improving of the lands thereto belonging for the most advantage as may seem by those endeavors of Abbot Egelric in the times of King Edward the elder and King Edgar who plowed up a large proportion of them for Corn which could not have been done without the help of drayning I presume for saith Ingulphus Fecit etiam in annis sicciatis culturam in suis paludibus c. In dry years he tilled the Fens in four places at the four corners of them and for three or four of years had the increase of an hundred fold of what seed soever he sowed Amongst which that Fen at Tedwarthar was the most fruitfull the Monastery being so much enricht by these plentifull crops that the whole Country thereabouts was supplyed therewith and a multitude of poor people resorting thither for that respect Crouland became a large Town The same Ingulphus who was Abbot here in the Norman Conquerers time saith that in his days they had not any such Tenants residing here at Crouland as upon their other Lands no man delighting to inhabit here any longer than he was necessitated so to do insomuch as those who in time of warr betook themselves hither for security as great numbers of rich and poor from the neighbouring Countries did afterwards returned back to their particular homes none continuing here but their own domestique family with their wives and childrenâ— to whom he did let to ferm a great proportion of the Marshes and Meadows belonging to this Abby for certain annual Rents and other services For without Boats there was not then any accesse thereto there being no path farther than to the gate of the Monastery But notwithstanding that the lands and possessions of this Abby were through the great bounty of several Kings and others given thereto with divers ample privileges and immunities and not only so but with fearful curses pronounc'd by those pious Donours against such as should violate any of their grants neverthelesse it appears that the Inhabitants of Holand bordering on the North-side of Crouland having drayned their own Marshes and converted them to good and fertile arable land whereof each Town had their proper portion wanting
said Duke by his own power removed the said Abbot from that bank and compelled him more by violence than any reason to make a bank from Dyke end to Wodelode which banks the said Duke and his Lordship ought to have made by reason whereof the said Abbot and his Tenants were chardged more than they ought to be almost by three parts In Easter Term which was held at Lincolne xxiij E. 3. the Jurors for divers Wapentakes in this County presented that a certain Sewer called ShepEe had antiently wont to run from South Ee from a place called Douvefdale through the midst of the Precinct and circuit of the Abby of Crouland by a place termed Sandistowe and so directly to the gates of the Brother houses which is a Mannour of the Abbots of Crouland and that it did there descend into an antient Sewer called the Old hee and so Westwards under the Gates and Bridges of Brother house unto a Pool of the said Abbots there where Henry at that time Abbot of Crouland had erected a certain house for Oxen upon the said VVatercourse and Sewer of Old hee where it had used to run by right and so fall into the River of Weland for the benefit and Commodity of Cambridge Lincolne Northampton and Huntendon shires and of all the grounds from Tydd S. Maries in Lincolnshire unto Baston on the borders of Kesteven as also unto Surflet in Holand and that it ought to be xx foot in bredth And they said that the same Sewer called Shep Ee was first obstructed by Roger sometime Abbot of Crouland and that the same obstruction was at that time upheld by the before-specified Henry the then Abbot to the great damage of those Towns as lye betwixt the Town of Tydd S. Maries and Surflet And moreover they presented that there had wont and ought to be a certain common high way from Spalding unto Brother house and from thence to Crouland of such bredth as that all passengers might travel thereon with Horses Carts and usual droves of Cattel which Road-way ought to be repaired by the Abbot and Town of Crouland who likewise ought to make Bridges thereupon over all the Trenches and repair them as often as need should require so that the passage of Travellers might not be hindred as then it was to the great damage of the common people And they likewise presented that the said Road-way from Brotherhouse was obstructed by a certain Dunghill laid there by the said Abbots servants to the hinderance of all people passing that way And they farther presented that the before-mentioned Henry then Abbot of Crouland with his Covent had appropriated to themselves the particular soil of that high way at the end of Crouland town and planted willows and other trees thereon to the great hinderance of those that passed thereon And they likewise presented that there was a certain Causey made by the town of Spalding for the benefit of that place directly from Wode lode unto Midfen of Deping for safeguard of the Pasture of Deping and that the said Henry Abbot of Crouland had in the night time broken down the same Causey to the damage of the towns of Spalding and Pyncebek as also that the water of Spalding could not be preserved unlesse the same Causey were repaired and maintained By reason of which presentment the Shireeve had command to summon a Jury who appearing accordingly said upon their Oaths that the Sewer called Shepee was a certain Ditch and one of the bounds of the precinct of Crouland Abby and so had been time beyond memory which boundary did extend it self to certain other limits of the said Abby called Asewygtoft and from thence to other limits of the same Monastery And they said that there was not then nor ever had been any common Sewer running from South Ee through the midst of the precincts of that Abby since the time of memory And they also said that there was not then any common Sewer at the Brotherhouse but that the Sewer there was only a drayn peculiar to the Precinct of the before-specified Abby and within the several grounds of the said Abbot and boundaries aforesaid as also at the pleasure of the Abbot and Commodity of the Abby viz. to make it and stop it again in what place soever the Abbot and Covent should think fittest And that the Ox-house there built was in the several soil of the said Abby and within the before-mentioned limits And they said morever that there was not any common Road-way for passengers by land from Brotâ—erhouse to Crouland but only for all passengers by Barges and Boats in the River of Weland and that in consideration of hire to be given by those who were owners of the said Vesselss And that the said Abbot and Town of Crouland ought not to repair any way there nor make or maintain any bridges And they likewise said that the servants of the said Abbot did not obstruct any way at Brotherhouse by any Dunghill but they said that the place where the same Dunghill lay was the particular soil of the said Abbot as in right of his Church of Crouland and within the limits of that Abby neither was it laid there to the hinderance of any passengers And they also said that there was not any common Road-way at the end of Crouland town excepting in the River of Weland with Barges and Boats for all passengers upon hire And that the place where the said Abbot had planted willows was and had been his own proper soilâ— time beyond memory in right of his Church of S. Guthlake at Crouland And as to the Presentment that there was a certain Causey made by the men of Spalding for the benefit of that Town directly from Wode lade to Midfen of Deping they said that the same Causey was wholly upon the land of the Abbot of Crouland and not to Midfen of Deping And that the said Abbot was Lord of the Mannour and Town of Crouland within the precinct whereof was a certain Fen called Goukeslound which Fen was the proper soil of the said Abbot and so had been of his Predecessors time out of mind as parcell of their Mannour and Town of Crouland And they said moreover that the floud of fresh waters descending from the West into the said Marsh â—ad always used to passe from thence into the River of Weland and so to the Sea And that certain men of Spalding and other Towns had raised the said Causey upon the soil of the said Abbot of Crouland where never any Causey was before by which means the current of the fresh waters flowing in the said Marsh was stopped and by that obstruction the Marsh of Goukeslound and other Marshes adjacent thereto were overflowed and the Abby and Town of Crouland in danger of drowning And the said Abbot perceiving the said Causey to be so unjustly made and to the danger of drowning the before-specified Abby and Town came and caused it to be
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
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
least and if the tumbrell should make default to pay for every day four pence and a man two pence which hire to be allowed of by the said Wardens for the behoof of those towns and that once in the year an Account should be given thereof upon notice given in the Churches of the said Towns by the Common Cryer And they also presented that the stream of Spalding should be made narrower at Skitishirne near Peccebrig on the East part thereof and opposite thereto on the West part with piles rayes and stones by those that received benefit thereby And that there was one passage at Peccebrig the profits whereof the Wardens ought to receive for the benefit of the Commonalty of Spalding And they farther ordained for the advantage of the Commonalty of Spalding that the Prior of Spalding should defend his corner called Pesâ—holmehirne with piles and stones and at the Coningeâ— likewise and they that had the Sea Banks to do the like over against the messuage of Gilbert atte Stowe And that the Prior and his Bondmen should repair that corner in the River which was the Frontier in Getegodisplace near unto Coldalegote And they said that the antient Gutter called Covenham gote ought to be repaired and the Sewer of the same Gutter in the old current unto the Wardic and that from the Wardic to Pinegate the said Sewer should be in bredth ten foot And they likewise said that all the Ditches on each part of Spalding drove from the Fen to the Sea ought to be opened in Winter so that the current of the water might not be hindred towards the Sea And that the antient Sewer betwixt Robert le Organce and Maud atte Barre ought to be repaired and cleâ—sed and that the course of the water of Chaplgate and of Newgate descending by rain might passe away and descend to Coldalegate And moreover that the common way which goeth from the great Bridge unto Westlode out-fall was too narrow and ought to be repaired by those who had the Frontiers so that people might go and ride that way And they said moreover that the common Road-way betwixt Pichale and Brotherhous was cut in sunder with trenches by the Prior of Spalding and his Bayliffs they therefore ordained that thenceforth Bridges should be made thereon to the end that men might pass with Carts and Carriages and ordinary droves and so from Brotherhous unto the Clote And that the common way from the Clote unto Croyland was then in decay through the default of the Abbot and Town of Croyland and thereupon they ordained for the common benefit of the Country that from thenceforth there should not be any trenches made in those places where Bridges were to the hinderance of the Kings high way And they said that Newgote ought to be repaired by the town of Weston So also the South dike of Quappelode and Holbeche by those two towns And that the Common dic and Chepdic from Fletebridge to Asewicklade ought to be repaired by the same Towns So likewise the Sewer at Galwegote running from Thomlande to the Sea and to be digg'd deeper as in ancient time it had been by those towns And that the Croffendic of Quappelode ought to be repaired by the Town of Quappelode So also the Bridge at Wikesdic in Quappelode so that the passage of the water running under that Bridge might be in bredth ix foot and the courses of the others towards the Sea be xij foot broad And that the Sluses built in the River of Quappelode â— from the Fen to the Sea from thenceforth should be taken away And the said Jurors for safeguard of the town of Holbeche said that there was a certain Sewer called Pulvâ—rgote which ought to be removed because it did damnifie the whole town And that the stream of Holbeche from Bodinesbrigge to the Sea ought to be clensed as also that the said Town of Holbeche could not be effectually drayned by one Gutter except another were made in Iocesaculand by the midst of the Creek called Fouleflete And they likewise presented that the Southhedic of Gedeney and Flete from the town of Sutton unto the Town of Holbeche ought to be repaired and made thicker than it had wont to be by three foot And that the Sewer called the Grist was obstructed by Adam fitz Alan and Iohn fitz Alan as also that the Bridge called Igerambrigge was broken and ought to be repaired by the town of Multon And they said that all these Ordinances were to the common benefit of the Towns of Spalding and Pinchebec and the other Towns before-mentioned and that every acre ought to be equal in all Assessments and chardges for the Gutters Sewers Bridges and other things necessary to be repaired and that all the defects in those Banks and in the Frontiers which occasioned them were appointed to be surveyed in such sort as the Bills fixed to the said Inquisition did assign And by another Inquisition taken on Saturday being the morrow after Holy rood day in the xviiijth year of the said King Edward the second 's reign before the said Roger William and Alan the Jurors presented that the Sewer which led from Peseholmgate in Spalding was very antient but that the course of the water was in part new changed the length of one furlong for the more benefit than it had been formerly as 't was believed and this by the assent of the Prior and Covent of Spalding And that the Gutter newly placed there was in bredth three foot and an half whereunto a Sewer of xiiij foot in bredth did suffice aswell for drayning the lands belonging to the Abbot of Croyland and his Tenants as the lands of the before-mentioned Prior and his Tenants And they said that the Gutter of Fulne and that of Coldalegote as also the Sewer called Eusinersgote and the Gutter called Stelgote being principal Gutters were broken and stood in need of repair so that without the help of Peseholme gote they would not suffice nor Peseholme gote without the help of the said Gutters they all being in such great decay And that the Hevedinges of Spalding on Westone side had used and ought to be whole but then were cut through in divers places upon the land of the Prior of Spalding and others by reason of which cuts the water of Westone did overflow the lands of Spalding to the common damage of the said Town In the Same year had the said Roger Nich de Leeke Iohn de la Gotere of Boston and Roger de Kymberle for those on the Sea coasts and parts adjacent within the Wapentake of Skirbek Divers other Commissions also were issued out in the like kind in King Edw. the third's time viz. in 1 E. 3. to Humfrey de Litlebury William de Dunton and William de Farford for the banks in sundry parts of this Province In 3 E. 3. to Richard de Castreton William de Fairford and Iohn de la Gotere for those
the next Parliament which was in the xv of Easter in the xvijth year of the said King Edward the third's reign to which Parliament the parties abovesaid came and after divers arguments in the presence of Sir Nicholas de Cantilupe Sir Iohn de Wilughby and others the said Sir Nicholas de Ry did release all his right as abovesaid VVhich release beareth date at Peterborough upon the xvijth of May in the year abovesaid In the same year Thomas de Lucy Sayer de Rochford Thomas de Sibthorpe Iohn parson of the Church of Benington and Laurence de Leeke were appointed to view the Banks Ditches and Sewers within the VVapentake of Skyrbek and to take order for their repair But notwithstanding the before-specified agreement made by the said Abbot of Peterborough with the Prior of Spalding and Sir Nicholas de Rye he was not yet at quiet for that land touching which there had been so much dispute betwixt them For about six years after there was a presentment exhibited into the Kings Bench by divers VVapentakes in this County against the said Abbot of Peterborough for purchasing CCC acres of waste ground in Gosbercherche without License from the King VVhereunto the Abbot pleaded that this Land was not purchased by him but gained from the Sea it being the Custome of the Country and so had been time out of mind that all and singular Lords possessing any Mannours or Lands upon the Sea coast had usually silt and sand more or lesse cast up to their land by the tides and that this land so supposed to be purchased was acquired in that sort All which being proved by the said Abbot the Jurors gave up their verdict accordingly Neverthelesse the said Abbot could not yet be quiet as appears by several other pleadings therein afterwards so that final sentence was not given therein till Easter Term in 41 E. 3. In 23 E. 3. William de Thorpe Philip le Despenser Nich. de Rye Saier de Rochford and others were constituted Commissioners for the view and repair of the Banks and Sewers in this Province And in the same year there were several presentments exhibited against the Abbot of Crouland by the Jurors of divers VVapentakes for stopping of certain Sewers and common high-ways within the Fens So likewise against the Prior of S. Saviours for the not repairing of Brigedyke In 25 E. 3. Saier de Râ—cheford Laurence de Leeke Iohn Mosse Roger de Meres and Will. Baiard were appointed to view the Sea-banks and Ditches of Skirbek and Kirketon Several other Commissions to the like purpose were issued our shortly afterwards viz. in 26 E. 3. to Sir Thomas de Lucy Knight Iohn de Litleburs Roger de Meres and Iohn Rybrede of Spaldâ—ng for the view and repair of all those in the VVapentake of Ellowe which were then in great decay So also to Saier de Rocheford Laurence de Lecke Iohn Mosse and Iohn Claymond for those in the VVapentake of Skirbek The like in 27 E. 3. to Will. de Huntingfeld and the rest last mentioned In 28 E. 3. to Iohn Cleymond Roger de Meres Robert de Spaigne and William de Spaigne for those on the South side of Wythum from the Town of Skirbeâ— to a place called the Shuft In 30 E. 3. to Henry Grene Saier de Rocheford Roger del Mâ—re Will. de Surflete and Iohn de Nessefeld for those betwixt the Towns of S. Saviours and Donyngton In 33 E. 3. to Will. de Huntingfeld Will. de Thorpe Will. de Notton and others for those in the VVapentake of Kirketon And in 34 E. 3. to Sir Nicholas de Rye Knight Iohn Claymond Roger de Meres and others for those within the Towns of Flete and Holbeche By a pleading in 35 E. 3. touching an Inquisition taken about two years before in the presence of Sir Will. de Huntingfeld and others Justices of Sewers for the Wapentake of Kirketon at the prosecution of the Inhabitants of Gosberkirke and Surflete in which Inquisition certain errors were said to be it appeareth that the Jurors then sound that there was a Gutter called Wistard gote in Sotterton then in decay which ought to be repaired by the said Town of Sotterton Also that Wigtoft gote ought to be repaired by the Towns of Wygtoft and Swyneshevâ—d That the Town of Swinesheved ought to repair Swineshed Ee from the North side of Swinesheved unto Byker Ee. That the Towns of Biker Donington Quadring and Gosberkirk ought to repair Biker Ee from the beginning of Biker to the Sea and to make it xxiiij foot in bredth and six foot in depth viz. the Town of Biker from the beginning of Biker to Bonstake and from thence the Town of Donington to Quadriug and from thence Quadring and the Commoners thereof to Gosbâ—rkirke and Gosberkirke to the Sea And that it ought to run all the year They also then presented that the Gutter of Quadring called Angot was broken and that it was necessary that it should be removed neerer to the Sea by an hundred pâ—rches as also that the Ditches wherein the Salt water came should be stopped and that the sides thereof on each part should be raised â—our foot in height which repairs to be always done by those whose lands were drayned thereby And moreover that the Gote called Sangote in Gosberkirke was ruinous and that it ought to be repaired by the Tenants of seven Carucates of land in Surflete and of five Carucates in Gosberkirke according to equal proportions And that the Newgote of Surflete ought to be repaired and made two foot in depth by the said Town of Surflete unto Totisbrige And that the Town of Gosberkirke ought to maintain the Gutter called the Thurgote because that at that time the said Town and Surflete were almost drowned by an arm of the Sea which grew by reason of the said Gutter and Salten Ee. In which Inquisition it appeareth how the said Gutter might be removed to the best advantage for the safeguard of those places and through whose lands it ought to run and of the value thereof And that it ought to be repaired by the Town of Gosberkirke betwixt Alvelode and Surflete As also how Crosse gote ought to be repaired and removed And the said Jurors then presented that the Sea-banks and others belonging to Surflete Gosberkirke and Quadring were too weak and low and that they knew not who ought to repair them Whereupon the Shireeve had command to summon those Towns to appear Who accordingly making their appearance said that they could not deny but that they ought of right to repair them and therefore they were amerc'd and distrained thereto And the Town of Sotterton with all the rest were likewise amerc'd because they came in by great distresse In the same 35 year of King Edward 3. Roger la Warre Will. de Thorpe Robert de Thorpe and others were assigned to
of Crabhous with some lands belonging thereto all being then waste and in the nature of a Fen But afterwards the Inhabitants of that place and of divers other came and with drayning and banking won as much thereof by their industry as they could And that they might the more securely enjoy the same were contenâ— to be Tenants for it unto such great men of whom they held their other lands and upon this occasion by a common consent amongst themâ— was the old Podike first raised about the year MCCxxiij 7 H. 3. Nor was a great part of this Country any other than a Marsh about that time for by that Precept to the Shireeve of Norfolk for giving unto Hubert de Burgo then Justice of England the like possession thereof as he had in King Iohn's time when he went into Poictou for the serviâ—e of that King it was so called and bounded with the Towns of Wigenhale Welle Hagebeche Tilney and Tirington which I take to be little lesse than half Marshland all which was soon after restored to the Church of Ely as having a better interest to it than this great man But notwithstanding the said Bank called Podike so made as hath been said it seems that the Marshland men had no cleer title to the whole soil whereon it was erected Will. Bardolfe at that time Lord oi the Mannors of Stow Wimbotesham and Dounham Lordships lying on the other side of the Ouse chalenging some right therein for in 35 H. 3. they came to an agreement with him by a Fine levyed before the Justices itinerant at Norwich in the xv of S. Martin the principal parties to the said Fine being the then Bishop of Ely the Prior of Lewes the Abbots of Ramsey Dereham and S. Edmundsbuâ—y Thomas de Ingaldesthorp and Will. de Shouldham By which Fine the said Will. Bardolf quitted all his title in the whole Marsh called West fen through which the same bank extended unto the said Bishop Prior Abbots c. and their successors for ever And they to him and his heirs the before-specified old bank viz. Podike and an Cxx acres of marsh with the appurtenances lying in the said West fen within the same bank Northwards containing xij furlongs in bredth About three years after the Sea-banks of this Province wanting repair the Shireeve of Norfolk was required to distrain all those persons in the Lete of Clenchwarton and West Len who were Tenants of such lands as ought to repair those Banks in such sort as they had wont to be repaired for repelling the inundations of the Sea and fresh waters which Tenants to have afterwards allowance for the same from their Landlords What was then done therein I find not but within four years ensuing it appears that the Inhabitants of this Country had exceeding great losse by the breach both of the Sea-banks and those which should have kept off the fresh waters insomuch as the King being advertised thereof commanded the Shireeve of Norfolk that he should forthwith distrain all the Land-holders who might have benefit thereby to repair and maintain those Banks and Ditches according to the proportion of their said lands lying within the bounds of them And the next year following upon more damage hapning by a new inundation of the Sea through the breach of those Banks towards Wisbeche within the liberties of the Bishop of Ely having required the said Bishop to distrain all his Tenants within this Province of Mershland and elswhere within his said liberties who had defence and safeguard thereby according to the quantity of their lands lying within the said Banks to repair and maintain them as they ought and had used to do he sent his Precept to the Shireeâ—e of Cambridgshire thereby chardging him that after the said Bishop had so distrained his said Tenants as abovesaid he the said Shireeve should not dâ—liver any Cattel so taken by way of distresse without the Kings special command In 16 E. 1. Will. de Carleton and Will. de Middilton were constituted Commissioners to enquire of certain breaches in the Banks of Robert de Scales in the Hawe and Ilsington in this Province and to distrain all those who ought to repair them The like Commission had they the next year ensuing for the view and repair of the Banks in Tilney and Ilsington then broken by the raging of the Sea So also in 18 E. 1. had the said Will. de Carleton and Will. de Pageham for the banks called Pokediche Siwellediche Fendiche and Gildangordiche then broken by flouds in divers places In 21 E. 1. the Inhabitants of this Country made a grievous complaint to the King importing that whereas the bank called Pokediche was antiently made and had till that time been maintained by them for the safeguard and preservation of those parts against flouds of water certain Malefactors having a purpose to do them mischief had made a hole in the said bank and did by force and arms hinder those that would have stopt it by reason whereof aswell the tides from the Sea as the fresh watâ—rs overflowed the Pastures lying within the precincts thereof the said King therefore being very sensible of this great injury assigned Peter de Campania Thomas de Hacford and Adam de Shropham to enquire by the Oaths of honest and lawfull men of this County who they were that did make this breach and to hear and determine of that trespasse And the said King being informed that in case the fresh waters coming by Utwell could have their course to the Sea in such sort as that they might not mix with the waters running in Mershland this Country of Mershland by that severing of them would be much amended he commanded the said Commissioners that they should forthwith go to the Town of Utwelle and there take order that the said fresh waters so descending that way should have their due and antient course to the Sea as formerly so that this Country of Marshland might have it's Drayn to the Sea by the same out-fall The next year following the King directing his Commission to Simon de Elysworth and Thomas de Hageford to enquire touching the defects in repair of the Bank called Pokediche as also of other Banks and Sewers in this County the Jurats for the Hundred of Frethbrigge by virtue of the said Commission did upon their Oaths present that through the default of the Town of Wigenhale in making and repairing of their Ditches above the Podyke great losses had hapned in those dayes to these parts of Mershland so that the lands of divers men were drowned by the inundations both from the Sea and fresh waters And they also said that the said Pokedyke could not be sufficiently repaired before the Feast of the Nativity of S. Iohn Baptist for the safeguard thereof and of the Country in regard that certain men of Wigenhale had divers lands lying adjacent to the same Bâ—nk
out the Malefactors Anâ— for the better discovery of them did the year following issue out another Commission unto Will. de Bereford Will. de Carletone and Simon de Ellesworth by which there is mention made that Peter de Campania Thomas de Hacford and Adam de Shorpham having been appointed to view where and in what manner the water of Utwelle before spoken of might have it's passage to the Sea by Chanels and Gutters without mixing with the waters of the adjacent Towns for the more security of the Inhabitants of that Country did cause it to be stopt in three places and reduced to it's right and antient Chanel The like Commission about three years after was directed to William de Carletone and Will. Haward Whereupon they met at UUelle upon Wednesday after the Octaves of Easter at which time and place the Shireeve of Norfolk brought a Jury who being then and there sworn said upon their Oaths that Robert Russel Bayliff to the Abbot of Ramseye Iohn Mayner Walter Hulleman and others did by force and arms break down that Dam so made at Smalelode as hath been observed and that Richard Curteys broke the other at UUadyngstowe for which respect the said Shireeve was commanded to take the said Robert Iohn Walter and the rest of those Malefactors and imprison them safely till hâ— should receive farther order In 1 E. 2. at a Session of Sewers held at Cowstowe within the Liberties of Tilney before Richard de Halstede and others upon the Monday next after the Feast of the Apostles Peter and Paul it being found by the Jurors that the Sea-bank from the stone Crosse unto Cowstowe aforesaid was then in good repair viz. in bredth xij foot and as high as was necessary the Prior of Meremonde and Sir Henry de Walpole Knight Attorneys to the Prior of Ixworth did take exceptions against that verdict because it was presented to be a Sea-bank alleging that from Lakebrigge to Cowstowe there was not any Sea-bank or Marsh-wall but that there was a certain Causey for driving of Cattell belonging to the Towns of Upwell and Utwell into and out of their Common within the Fen which Causey was no safeguard to any mans land and that it was then sufficient for that purpose with some repair of a sew defects therein Whereupon the said Prior and Henry required judgement from the before-specified Commissioners therein and that the persons who had benefit by such driving of their Cattel too and fro should contribute to the making and repair thereof according as they had Commodity thereby as it was the Custome of the Country and as the said Kings Commission did direct which Judgement and Decree was published accordingly and the said Jurors amerc'd for their erroneous presentment After this viz. upon Saturday next after the Translation of S. Thomas the Martyr in the first year of the said Kings reign at a Session of Sewers held at Wisebeche came the said Prior of Mermonde and Sir Henry de Walpole before R. de Seytone and his fellow Justices in the behalf of the said Prior of Ixworth and took exceptions against the verdict of the Jurors made at Welle in the fourth year of the said Kings reign in regard they then presented that the said Prior had two brecks upon the brink of his Frontier which he ought to amend and repair and that they said and decreed that from the said Stone-crosse unto Cowstowe each man ought to be chardged to the making of his brinks so adjoyning to his Frontiers Which Prior then said that from Lakebrigge to Cowstow there was neither Sea-bank nor Marsh-wall or any other defence than only a Causey whereupon the Commoners of the Countrey did drive their Cattel and that every man ought to be assessed for the repair thereof according to the benefit which he had by it and this he desired might be enquired of by the Jurors Who being accordingly impanelled and sworn did on the behalf of the said Commoners of Welle justifie the said Decree and thereupon they put themselves upon tryal of another Jury Which Jury being sworn said that the said Bank from Lakebrigge to Cowstowe was not then a Bank for the safeguard of any mans land as aforesaid howbeit in antient time before the fresh waters had their passage towards Wigenhale it was a Bank of defence â—ut since that it neither was nor could be except a new Ordinance were made in regard of the excesse of water and height of the ground And they farther said that the before-specified Prior in those days was not alone lyable to the making and repair of the same Bank from his Priory unto Cowstowe as the sâ—id Jurors had presented because he did not alone receive benefit thereby And they said that the Bank within those bounds was the safeguard and defence of the Fishing there and for the Pasturage of the Commoners because that by the said Bank the same Priors fishing and other borderers was both kept from the Sea-water and that the Fish could not get away into the Fen. And as to the Pasturage they said that the same Bank did serve for divers Commoners and people of the Counties of Huntendon Cambridge and Norfolke to drive their Cattel to and fro from the Commons of the Fen. And they did finally ordain that the said Prior and every person having fishing within the bounds from Lakebrigge towards Cowstowe should according to the quantity thereof and the Commodity he had thereby make the said Causey and Bank And that the said Prior and every Commoner of the whole Hundred of Wisebeche and all others who had drift for their Cattel that way should contribute to the repair and maintenance thereof according to the benefit which accrued to them thereby as abovesaid And moreover that the said Prior should recover damages for that erroneous presentment which were tax'd at xxs. In 7 E. 2. Walter Bishop of Cov. and Lich. and Henry de Stantone were assigned to view the Banks and Sewers in these parts of Marshland and to take order for their repair The like assignation in 12 E. 2. had Iohn Haward and Iohn Hotoft for those at Tirington So also the next ensuing year had Thomas de Ingoldesthorpe Iohn de Fitton Iohn de Hotoft and Will. Bataile for all the banks throughout this Province of Marshland But in this last specified Commission the said Thomas de Ingoldesthorpe and his associates did nothing in effect so that great complaint was made to the King by the Inhabitants in these parts he therefore issued out a new Commission to them bearing date the 24th of August in the 14th year of his reign commanding them that without delay they should proceed therein Whereupon a Jury was summoned to attend them at Tyrington upon Fryday being the Feast day of the Decollation of S. Iohn Baptist. Who appearing accordingly did upon their Oaths present that the preservation of the Town of Wigenhale
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
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
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
Fryday bridge did run and the Sluce at Welle River was stopt the waters in the Drayn rose over the Dam called the Stintings and Oldfield and so ran into Marshland For remedy whereof and that the Land-holders of Oldfield were at the making of the said Law tyed to no conditions of restraint or stopping which they then conceived fitting by reason the said UUaltersey drayne which was not before thought of ran within their field and did overflow the Banks and fill their Dikes with water which came into Marshland contrary to their Law and by reason that they in Summer time took in waters to fill their Dikes which they might spare to take if they would dike them and make watering places for their Cattel as Marshland did it was therefore ordered that the said Land-holders of Oldfield should passe and run their said waters therein under such conditions and with such cautions as by the Law of Sewers the Land-holders on the West side of Elme and Soâ—th side of Wysebeche did and not otherwise under and upon such pains and penalties as in that Law is contained The number of Acres in the several Towns of Marshland  Acres Rodes UUest lynne CCxlviij xij Clenchwarton xvC lx i. Tylney vM viiiC xi iij. Wigenhale iiiM viiiC xi iij. Terington iiiiM iiiC xxvi iij. Walpole iiiiM viiC xxvij  Walton iiM iiiiC xlv ii UUaâ—soken iiM viiC vxx i.  Emnetâ— Hawsted iiM ixC vi  Sum total in the Franchises and Geldable xxvii M viiC xxxix Acres  Sumin the Liberties viz. Terington Walpole Walsoken Walton Emneth xvM iiiiC xxvij Acres i Rode  Adde Tylney and Clenchwarton thereto xxiiM viiC xxxix Acres  An Agistment of the new Powdiche from Saltham lake by Mullycourt to Northdelfe â—ccording to the Books and Rolls of the Country containing iiiiC Lxiii Rode and ii Foot divided thus Emneth and Hawsted xli rode iii foot ii inches Walsoken Liii rode iii foot ii inches Walton xlvi rode xi foot Waâ—pole XC rode iiii foot vi inches Terington Lxxxii rode x foot x inches Clenchwarton xxix rode ix foot iii inches Tylnâ—y vxx xii rode x foot ix inches West Lynne v rode i foot Wigenhall iiixx xii rode xiii foot From Northdelfe to the hundred Acres charge are vxx xli rode vi foot iiij inches divided thus Emneth with Hawsted xlix rode viii foot i inch Walsoken iiixx iii rode xvi foot vi inches Walton Lvi rode i inch Walpole vxx viii rode vii foot ix inches Terâ—ngton iiiixx xix rode iiii foot ix inches Clencâ—warton xxxv rode ix foot xi inches Tyâ—neâ— vxx xv rode vi foot i inch West Lynne v rode viii foot xi inches Wigenhall iiiixx vii rode viii foot iii inches The old Powdich containing ........ Agiâ—ted thus  Rodes Foot Inches Emnâ—th and Hawâ—â—ed Lxvi viii iii. Waâ—â—â—kne iiiixx xviii xii viii Waâ—ton iiii â—â— vi viii v. Walpole viâ—x viii ix o. Terington viiâ—x xiii v. x. Clâ—nchwarton Lv. o iii. Tylneâ— xxx ix ii o. Wigenhale Cxv. ii ix Note that the true sum of this is viiC ix Rode xlix foot and iii inches Of which xlix if there be allowed xvi foot iiâ— inches to a Rode as is set down under Mr. Beaupre's hand then is the sum viiiC xii Rode and ix perches The little Powdich containing CCCxliii hath agisted thereon xxiiiM viiC iiiixx vii Acres and iii Rode every hundred Acres cometh to a Rode xi foot two inches a half and a Barley-corn which is the third part of an Inch. Agisted thus  Rods. Foot Inches Tylney iiiixx xvi xii o Clenchwarton xxv xiii vii Terington Lxxiii vi vii Walpole Lxxx. iiii o. Walton xli iiii o. Walsoken xlvii viii vi Emneth and Hawsted xxxvi viii ix The Ward dich from Wel gate to Sandyrood belonging to the Fraunchises with Tylney and Clenchwarton containing viiixx xviii rode xv foot Agisted thus  Rods. Foot Inches Tylney xliiii iii. o Clenchwarton xi x. o. Terington xxxii vi vi Walpole xxxv vi vi Walton xviii iiii vi Walsoken xâ— xiiii o. Emneth with Hawsted xvi ii vii Brokendike Agistment From Kyrkham lane to the turning against Mr. Blewick's containeth ....... Rode and is agisted iiiixx Rode from the middle of Mildam towards the house of the said Iohn Blewick To the which there is said Tilney Terington Walpole Walton Walsoken and Emneth containing xxiiM CC xxxix Acres So every Acre hath almost two inches Every thousand and iiiâ—x xii Rode v foot v inches and two Barly-corns iiM Cxxiiii Rode x foot xi inches and i corn iiiiM CC hath xlix Rode v foot x inches ii Barley-corns Every hundred and vi Acres hath a Rode iii foot ix inches Every Lxiii Acres hath ix foot x inches and a half  Rods. Foot Inches Tylney Lxviii ii o Terrington xlix xi x. Walpole Lv. vii vii Walton xxviii x. viii Walsoken xxxii x. viii Emneth and Hawsted xxv iiii iii. From Emneth bridge between the Town and the Smethe be xiiiiC xv Rodes which be thus divided  Rods. Foot Inch. Emneth with Hawsted Cxxx. viii o. Walsoken CLxviii xi o. Walton Cxlvii xi iii. Walpole CCLxxx vi ii iii. Terington CCLxi xiii vi Wigenhall CCxxxviii o. vii Tylney CCCLvi xv vi Clenchwarton iiiixx xiiii o viii West Lynne xv ii vi Drayns and Bridges lying within the precincts of the several Towns of Marshland Emneth A Drayn there belonging to certain Fields called Suffield and Haulsted extending from the common Sea dike called Emneth Sea dyke on the West part of the same Field and from thence to a place called the Styldes at which place the said Drayns do meet and from thence into the Fen. Which Drayns ought to be in bredth ix foot and in depth v foot Another Drayn belonging to Churchfield and Northfield extending from a place called Seadike-dole to a place called Knape more and from thence Eastwards towards Whicks brigg and so to Myd feder into the Smethe lode which is the common Drayn of all Marshland Another Drayn belonging to Newfield extending from Hallow crofts on the West and so to Ports bush on the East thence to Hawkyns brigge and so to Hungate dyke to a place called Nomans land corner and so into Smeth lode Bridges Over the first of these Drayns are three Bridges the one at a place called Lonhole the other at the end of the Drayn and the third between Ladyes drove and the great Drove of Emneth Another Bridge situate at the North stile of Emneth Another called Knapmore bridge set over Churchfield Drayn Another called Whicks bridge Another called Little Edge bridge Another called Hawkyns bridge lying over Newfield drayn Walsoken A Drayn there called the Maiâ—t Drayn extending from Holmes bridge on the North part of the Town to the common Sewer called Smethe lode Another Drayn on the South side of the Town beginning at Small lane in Larke lande and extending to a Bridge called Bronden bridge and so to Knapemore
periit multitudo saith Math. Westm. So that of little Vessels Cattel and people very many were destroyed And about seventeen years after there hapned such another wofull accident whereupon the King directed his Precept to the Shireeve of this County requiring him to distrain all those who had Lands within the precinct of the old Banks in these parts of Wisebeche to repair the said Banks as they ought to do according to the quantity of their holdings Which losses though they were very great might the better have been supported had not the before-specified obstruction of the fresh waters annoyed them in a more than ordinary measure which so much increased that in 13 E. 1. the Tenants to the Bishop of Ely in Welle Elme Wisebeche Leverington Neuton and Tyd complained thereof to the King in particular shewing that their Lands in those Towns by the great flux of waters running towards the Sea of Wellestrem and through the defect in repair of the Sewers Bank of Rughmere and other Banks antiently raised and to be made anew from Town to Town were drowned and not only so but that divers of the Inhabitants in those Towns being averse aswell to their own as others benefit did refuse to submit themselves to the Law and Custome of the Fen for remedy thereof the said King therefore constituted Hugh de Balsham then Bishop of Ely and Hugh Peche his Commissioners to make enquiry c. and to cause the said Bank of Rughmere to be repaired at the chardge of those persons whose Lands were preserved from the perill of inundation thereby or if need were to raise another in a more fitting place provided that by such repair and making of Banks from Town to Town no disherison or damage did befall Geffrey de Sandiacre and Clementia his Wife and their Tenants in Neuton and Tyd or any other person whatsoever After this within a few years the Sea-banks in these parts being again broken by the violence of the Tides the same Geffrey de Sandiacre and Iames de Beaumeys were appointed to view them and to take order for their repair But these irruptions of the Sea as they were casuall viz. when the North or North East winds accompanied extraordinary Spring-tides so were they not frequent nor did those flouds so long continue upon the Land as to destroy it by drowning the stagnation of the fresh waters producing much more damage which for want of evacuation for the reasons above-specified were a continual annoyance to the whole Coâ—ntry thereabouts insomuch as the Inhabitants of Marshland discerning the danger to that Province by the increase of those waters did in 21 E. 1. procure a Commission from the King bearing date the xixth of Iune directed to Peter de Campania Thomas de Hakford and Adam de Schropham to enquire farther touching the same and to apply the most proper remedy thereto Who thereupon sitting at Utwell upon Monday after the Feast of S. Peter ad vincula next ensuing and taking into consideration what ought to be done for restoring those waters of Utwell for so that great River of Ouse which had formerly passed that way was then called to their due and antient course did with the assent of the Country ordain that there should be three Dams made one at Utwell bridge another at Lytlelode bâ—idge in Upwell and the third at Fen-dyke-lake in Upwell also And because the Inhabitants of Marshland at whose instance the said Commission was procured perceived that this Ordinance for the making of these three stops would be for their benefit they without any authority from the said Justices given to them or from the Shireeve or any Bayliff of the Hundred did of their own accord and contrary to the tenor of the before-specified Commission make a stop of the said water at Lytle lode aforesaid and so continued it untill by the force of the water with the help of some persons who passed that way with their Boats a part thereof was opened And finding it so opened procured another Commission to Simon de Ellesworth and Thomas de Hagford to enquire thereof Who by by virtue of that Commission sitting at Upwell upon Wednesday next after the Invention of the Holy Crosse in the xxiiith year of the said Kings reign and making enquiry accordingly were answered that they had not any power by their said Commission so to do by reason they had no appointment for the stopping thereof Whereupon the said Thomas de Hâ—gford who was likewise associated with the before-specified Peter de Campania in the first Commission being asked whether himself and his fellow Justices at that time did then consent or give command for the damming of the said water of Lytle lode answered that in the Commission so directed to Peter de Campania and himself there was nothing contained but only touching the waters descending by Utwell without any mention at all of stopping the water of Lytle lode in Upwell and consequently no command to obstruct the same whereupon they the said Simon and Thomas forbore to do any thing farther therein But afterwards the same dayâ— the said Commissioners by virtue of another Precept for the view of Pokediche in Marshland whereof I have in the Chapter of this my discourse already taken notice did receive this following verdict from the Jurors then impanelled and sworn viz. that there was a necessity that the water at Upwell should be stopt at the house of one Raphe Smith of that Town and that the old course thereof should be clensed and enlarged from the Sluse at Elme unto that stop at Upwell xl foot in bredth and made in depth full six foot more than it was at that present And that there was the like necessity that the said water of Up well should have its course by the Lytle lode to a place called Wadyngstowe till such time as the said Sewer were so clensed enlarged and repaired as hath been said And that if the said Chanel called Lytlelode and Wadingstow would not be sufficient to carry those waters that it should be enlarged by the oversight of the Shireeve of Norfolk as need required And it was then also ordained that the Lyttlelode and Wadyngstowe should be kept open untill the before-specified Sewers were clensed viz. till the Gule of August in pursuance of which Ordinance that part of Lytle lode then remaining stopt after the said breach by the power of the waters and Boats so passing that way as hath been said was opened After this viz. in 27 E. 1. the said King directing his Precept to Will. de Carletone and Will. Howard to enquire concerning the breach of the said stop at Lytle lode by reason whereof the water could not have its passage to the Sea accordingly as it had antiently usedâ— they sate at Welle upon Wednesday after the Octaves of Easter and received this following information by the verdict of the
they also said that by reason thereof the Marshes of Burgh fen North fen Talnholt fen as also the Lands Meadows and Pastures adjacent to those Fens were overflowed and drowned when any floud of waters hapned in regard that the said waters could not pass as they formerly had done so that the Lords of those Fens with their Tenants as also the Commoners in them did lose the profit unto them belonging to the damage of the said King and the Inhabitants of those parts fifty Marks per annum Upon all which Verdicts the said Adam de Fincham then the King's Attorney was appointed to wait for judgment therein And on the morrow after the Feast of S. Iohn Bapt. next after the said xv of the holy Trinity the King sent his special Precept to the said Geffrey and his fellow Justices whereby reciting what had passed he commanded them to proceed to judgment therein according to the Verdicts aforesaid which Precept beareth date the third day of Iuly in the year above-mentioned Whereupon they gave this following Sentence viz. that whereas by the Jurors for the County of Norfolk it was found that the before-specified Dam was made at Outwell by the sad Walter de Langeton and that Robert Peverell his Brother and Heir as also Edmund Son and Heir to the said Robert did at some times repair the same and that this obstruction was to the damage of the King and the said Inhabitants of Norfolk CCl. per annum And whereas it was likewise found by the Jurors for the Counties of Cambridge Huntendon Lincolne and Northampton that the lands of Thorney fen Ramsey fen and other were so drowned aforesaid they decreed that the said Dam so raised to the hurt of the said King and nusance of all the persons before-mentionedâ— and whatsoever else was of nusance in this behalf should be taken away Whereupon the Shireeve of Norfolk had command to pull it down And in like sort the Shireeves for the Counties of Cambridge Huntendon Lincolne and Northampton were required to make the like Proclamation within their respective Liberties viz. that all persons concerned therein should be at Outwell aforesaid to aid the said Shirâ—eve of Norfolk in pulling down of the said Dam. After this about five years scil in 10 E. 3. Iohn de Shardlowe Simon de Drayton Iohn de Colvill and Iohn Claver were appointed to enquire touching the decay in the Sea-banks and Sewers in these parts about Wisebeche Tyd S. Giles Elme Leveryngton and Neuton with the parts adjacent and to take speedy order for their repair And in 12 E. 3. the King being informed that the Banks Ditches and Sewers about Wysebeche Elme and Welle were broken and out of repair issued a Commission unto Mr. Iohn de Hildesley Chancellour of his Exchequerâ— Richard de Bayeux Iohn de Wilton Iohn de Stoken and Will. Neuport to enquire thereof and through whose default they became so ruinous and who were Land-holders thereabouts or had safeguard by the said Banks and to distrain them for their repair according to the proportion of their Lands By virtue of which Commission the persons above-mentioned did intend to stop the River of Nene running to a certain Fishing called Livermere lying in the Town of Welle and belonging to the Abbot of S. Edmundsbury but were hindred from so doing After this the next year following the said King receiving advertisement from the Inhabitants of the before-specified Towns of Elme Welle and Wisebeche on the South side of Wisebeche that though it had been found by an Inquisition taken before the above mentioned Commissioners that the ordinary and chief safeguard for the said Towns of Elme Welle and Wisebeche on the South part of the River of Wisebeche would be by a Causey to be made at Gongested lake unto the Crike and thence unto Marche dyke and that the Crike should be wholly stopt up and that the said Towns could not be preserved unlesse that were done and moreover that though the said Inhabitants had often requested those Commissioners that forasmuch as the said Causey and stop being made would much redound to the common benefit of the same Towns they would cause them to be done and that at that time nothing was neverthelesse performed therein he required them that in case it were so they would forthwith call such persons before them as they should think fit to make use of therein and to proceed in effecting the same according to the tenor of his Commission Whereupon a Jury being summoned to attend them upon the Saturday next after Mochaelmass day and there sworn did say upon their Oaths that the common and principal safeguard for the whole Town of Elme Welle and Wisebeche on the South side of Wisebeche would be by making of a Causey from Gongested lake to the Crike and from the Crike to Marche diche and that the said Crike should be utterly stopt up as also that the saidâ— Causey ought to be xvi foot in bredth and four foot in height and all these things to be done at the charge of the Land-holders of Elme Welle and Wisebeche on the South side as aforesaid from Mermaunde unto the house of Iohn de Vernon and they ordained that for the performance thereof every acre of Land in Elme Welle and Wisebeche within the Precincts before-specified should be agisted at iid. and more if need required But afterwards at a Session of Sewers held at Wisebeche by the same Justices came the free-holders of Tyd Neuton Leverington and Wisebeche on the North part of the River of Wise and alleged that the obstruction of that Crike ought not to be permitted because if it should be made the water running through that Chanel called the Crike would so rise increase and stand upon the Fen-bank of Wisebeche and Leverington as that the Tenants of those Towns viz. Wisebeche and Leverington could not be able to maintain them but their said Banks would be broken and their Lands totally drowned and lost whereby more damage by half would happen to those Towns than benefit to the Towns of Elme Welle and Wisebeche on the South side VVhereunto the said Tenants of Elme and Welle answered that the water of Crike had then so swift a course by Welle unto the River of Wigenhale that though the said Crike were stop't as was contained in the before-specified Ordinance the water running by the same Crike would never turn towards Wisebeche nor do any hurt And they farther said that the Crike where the water then ran was the proper and several soil of the Bishop of Ely which Bishop might lawfully at his pleasure stop the same Whereupon came the Abbot of S. Edmundsberry by his Attorney and claimed a certain fishing in the said water of Crike of the gift of Canutus sometime King of England and brought a Precept from the King directed to the said Commissioners reciting a confirmation made to the said Abby by the before-specified King Canutus and other
his Progenitors inter alia of certain Lands and fishing which Ulfkytell had in Welle And that though the said fishing was then viz. when this Inquis was taken called Livermere and in the Town of Welle which was before called Wylla and in the County of Cambridge and that a certain water called Nene had time out of mind ran to the said Lake and did then so do and that the said Abbot and his Predecessors had ever had the said Lake or fishing with the course of that River of Nene running thereinto and peaceably enjoyed the same the said Commissioners by Virtue of the King's Letters Parents for the view and repair of the Banks Ditches and Sewers in that County and by colour of an Inquisition taken before them without any notice given to the before-specified Abbot intended the obstruction of the said water-course wherein in case they should proceed the said Abbot would totally lose the benefit of his said fishing to the damage of the King himself because that the profit thereof with the benefit of the other Lands belonging to that Abby being of the said Kings Patronage ought to belong unto the Crown in the time of every Vacancy he therefore required them that they should not make any attempt therein to his prejudice without consulting with him Whereupon the Wednesday next before the Feast of the blessed Virgin being assigned the said Commissioners sate again at which time the said Inhabitants of Elme Welle and Wisebeche brought the Kings Writ by virtue whereof the Bayliffs of Tyd Neuton Leverington Wisebeche Elme and Welle were required to summon xij of the most substantial men in every of the said Towns to appear at the Castle of Wisebeche before the said Justices upon Wednesday next after the Feast of S. Luke the Evangelist there to perform what should be enjoined them on the said King's behalf touching the obstruction of that Crike And the said King did likewise issue out another Precept unto the before-specified Justices that after their said Session they should upon the Octaves of S. Hillary under their Seals transmit the Record of their proceeding therein unto him to the end that upon perusal thereof he might consider what farther to do therein according to the Law and Custome of this Realm The next ensuing year sc. 14 E. 3. Iohn de Hedersete Iohn de la Rokele and Hugh de Walton were assigned to view the Banks and Sewers on both sides the water of Well Ee within the Town of Waterwell on the borders of Norfolk and Cambridgshire and to take order for their repair And the same year at a Session of Sewers held at Wisebeche upon Monday next after the Feast of S. Iohn Baptist for safeguard of the Towns of Elme and Welle it was ordained that there was a necessity of mending and raising the Bank called the New diche lying betwixt the Rivers of Elme and Welle full two foot more than it was at that time in the highest place and so beginning by the Level of Fryday brigge to Charite Crouch thence to Gongsted lake according to the same Level height and thickness thence to the Cowestowe thence to the Garden of the Prior of Meremaund and thence to Lakebrigge every man to make his frontier of the same height thickness and Level And they also decreed that from Gonsted lake unto Charite Crouch no man should come neer the said Bank called the New diche for to mow or dig for the bredth of ten perches towards Coremere and Hendmere except for the mending of the said Bank and that to be done by common assent And they likewise ordained that a Clow of five foot in bredth and in depth two foot should be made at the Lakebrigge to carry away the waters betwixt the Newdiche and Bishops diche at the charges of those who had Lands and Commons within those places And that one Clow should also be made at Frydaybridge and another at the Stone-Crosse in Outwell for avoiding the waters of Needham each of them of the same bredth and depth as abovesaid and to be done at the costs of all those who had lands within the Bishopsdiche and Needham diche and within the River of Elme and the Greendiche and Thorndiche And they moreover ordained that the old Sewer of Deleford unto the Stone-Crosse should be clensed and digged as it ought to be at the charges of Needham and that every Ditch drawing water to the said Sewer should be opened at all times of the year wherein water could run And that Piisdrove should be raised in each low place and that from the same little Drove one Crest should be made into the large Drove unto the Grenediche having a Causey for Common Drift of Cattel at all times of the year and this to be done at the charge of Upwell and Outwell and that all Slades and low places in the same Drove and ways be amended at the charge of the Towns each for themselves And they likewise ordained for Drayning of the Lands at Bodebeche that there should be three Pipes placed the first of one foot square every way and this to be fixed in the Bank sometime belonging to Gilbert atte Delf neer the Milne hill the second in the Bank of Christian de Beaupre opposite to the School being two foot in bredth and one foot in depth and the third in the antient Sewer to be a foot square on every side All which Pipes to be made at the charge of the Landholders in Bodebeche And they also ordained that the frontier of the Abbot of Dereham in Bodebeche should be stopt and that for the future no mau should dig Turfs nor Slakkes in the common Droves of Elme and Welle for dieving of flax or hemp in the common Ditch and Sewer to the nusance of the Commonalty except by the oversight and appointment of the Guardians which were to be deputed for the present And that the Bank called the New diche extending from Charite Crouch to the Prior of Meremound's Garden should be anew repaired equally and afterwards agisted And also that the breaches in Bishopesdiche and Needham diche should be repaired and moreover that all the Frontiers of the Uausedrove unto Frydaybrigge and thence to Eustace le Vernoun's Drove should be stopped up And they also ordained that one stop should be made in Oldfield neer to the Se diche in the Ditch of Raphe atte Field and to be in thicknesse eight foot at the charges of the said Raphe And that the Floud-gates of Elme as also the old Bridge together with the great Bridge neer to the Church of Elme should be newly repaired and amended at the charges of the whole Town And that for the repair of the said New diche every Acre of land from thence to Needham diche should pay a penny and every Acre from Needhamdiche unto ....... and Uernons field and the Infield and Brodbechefield an half peny and either more or lesse as need should be About
that Ordinance to take distresses for the charges in making and repair of the Banks aforsaid as often as need should require aswell on the part of Wisebeche and Welle as on the part of Elme by turns and severally without the contradiction of any one And they ordained that Draymere diche should be repaired and raised higher where need required so that the Commoners might have chase and rechase with their Cattel unto their Commons and that every man having Lands or Tenements adjoyning or abutting upon the said Bank called Draymeresdiche should dig and clense the Frontier of his Land eight foot in bredth and cast the earth so digg'd out upon the same Bank And they likewise ordained that the Bank called the Blackdiche should be amended and repaired at the charge of all the Landholders antiently agisted thereto and that the Sewers of UUaltersey Coldham and Redmorefield with their appurtenancâ—s should be clensed and the Crests of them raised higher and maintained where need required unto the Pipes lying under the River of UUisebeche And that all the Hades of the Lands abutting on those Sewers and upon all other Sewers within that Precinct should be stopped xij foot in bredth so that the water of Lech running through those Sewers should not enter into the fields to the damage of the Lands lying therein And they moreover ordained that one Clow should be made at Hillaryes drove between UUisebeche and Elme at the cost of the Landholders antiently agisted thereto who had wont to make and repair the same And that one other Clow should be made upon the River of UUisebeche neer to the messuage of Thomas Howes Barkere so that the water coming out of the fields of Elme by the passage called Uykorisgote might Drain there in default of a Gote called Dogarde and that a Bank be made from that Clow unto the house of William Maste Bocher on the South side of that Sewer and another Bank from the said Clow unto the house of Thomas Howe Barkere on the other side of the said Sewer for hindring the Sand brought up by the Tides from choaking up of the said Sewer And they likewise ordained that there should be a Causey made neer unto Maryesâ—arre whereof the one end to begin at Maryesbarre and so overthwart beyond the River of Elme unto Loveday diche which Causey to be eight foot in height xij foot in bredth at the top and thirty two foot at the bottom and a Clow made there at the charges of those who were to have benefit thereby for the bringing in fresh water into the River of Elme when need should be And they likewise ordained that every person having Lands or Tenements Common Fishing or Pasture in the Towns of Elme UUisebeche and Welle within the Precinct aforesaid should have his portion upon the Fen-bank before-mentioned to the quantity of his holding according to an agistment thereof to be made anew And likewise each man having Lands or Tenements within the Precinct aforesaid to have his portion upon the Sea-bank beginning at the house of Thomas Mounpesson and extending it self to the Floudgates of Elme and so to UUelle each man for the quantity of his tenure according to a new agistment to be thereof made And they said moreover that the Bank before ordained was then broken for want of repair and that divers Lands and Tenements within the said Precinct were drowned by the Fresh waters to the great damage of all the Landholders there And they also said that the same Bank ought to be repaired aswell in height as in thicknesse so that it might contain in thicknesse xxxii foot at the bottom and at the top xii at the least and in height from the Level ground seven foot And that the men of UUisebeche Elme and UUelle were obliged to the repair and making of the said Bank each man according to the proportion of his holding and that the said Bank could not be preserved nor kept except those men who had Lands and Tenements within the said Precinct were new agisted upon the Bank before ordained And they also presented and ordained that one Bank should be made new and begin at Uernounes Corner upon Bishopsedike and so to extend directly to the Bank of UUelle upon the soyl lately belonging to Hamon de Vernoun in part and in part upon the common soyl and to be of the height and thicknesse abovesaid as also to be done at the charge of all the Landholders for their lands lying betwixt the River of Elme and the River of Welle And being asked of the number of Acres aswell on the South part of the River of UUisebeche unto the River of Elme as on the South part of the same River of Elme unto the River of Welle they answered that there were on the South side of the River of Wisebeche unto the River of Elme five thousand and two hundred Acres and on the South side of the River of Elme to the River of Welle two thousand and ninety Acres Whereupon command was given to the Steward of the said liberty that he should summon all the Land-holders aswell of Elme and Welle and of the Town of Wisebeche on the South side of that River as all others who had Lands or Tenements or any Pasturage or Fishing in Fee or for term of years to appear before the said Justices at Ely upon Thursday next after the Feast of the Epiphany then and there to shew what they had to say for themselves why all the before-specified Ordinances in each point ought not to be inviolably kept for the future At which day came Iohn Payne who then prosecuted for the King and the Steward of Ely and required that Thomas Bishop of Ely who had within the said precinct viz. in the Town of Wisebeche Elme and Welle divers Lands and Tenements and that Iohn Simson of Wisebeche Thomas Mounpesson and others who had also Lands and Tenements within the said Precinct in the Towns aforesaid should be attached to be at Ely before the said Justices at that time to shew as aforesaid And thereupon the said Bishop of Ely Will. Streete Lord of the Mannour of Coldham Sir Iohn Colvill Knight the Prior of Ely the Abbot of Crouland the Abbot of Wendling Iohn Vernoun Will. Newhouse Nich. Makesake Sir Nich. Golofre Knight and Iohn de Crofte of Welle who had Lands and Tenements within the said precinct within those Towns were summoned to appear at that said day to shew cause as abovesaid All which persons came accordingly and it being demanded of them and every of them wherefore the before-specified Ordinances aswell relating to the Town of Wisebeche as those of Elme and Welle ought not in every point to be observed according to the tenor and effect of them they severally answered that as to the repair of the Bank which beginneth over against the Gate of Wisebeche Castle and goeth to Goneldiche thence to Bansted hirne thence to Tylneyhirne thence to Coldham hithe
bredth six foot and in depth three betwixt the land of Martin Thompson and the land of Iohn Mendham at the charges of the landholders who had benefit thereby And that another Sewer should be made in the same field in bredth six foot and in depth three betwixt the land of Iohn Rogerson and the land of Alice Pope at the charges of all those persons who had also benefit thereby And that there should be another Sewer made in Longefelde in Neutone of the like bredth and depth neer to the lands of Iohn Derby called Barowsdyke and betwixt the land of Simon Thomsone from Mil-lane to Medow-lane at the charges of all those who had Commodity thereby And that another Sewer ought to be made in the middle of the said field called Longfield from the land of Sir Iohn Colvyle Knight neer to the land of Iohn Godeknape unto the said next Sewer in bredth six foot and depth three at the charges of all persons having profit thereby And that all the hades of the lands of Fytton croftâ—s should be digged from Doddyke to Medow-lane in bredth eight foot and depth four at the costs likewise of those who had benefit thereby And that all the hades likewise of the lands of Fytton croftes should be digg'd in bredth eight foot and depth four from Lowynsfendike unto Doddys at the charges of those persons who should have benefit thereby And they presented moreover that there should be another Sewer made by the hades of the lands in the middle of Oldfield from Fdtton croftâ—s to the land of Sir Iohn Colevile Knight called Wortheynyscroft in bredth six foot and depth three at the costs of all such persons who should have Commodity thereby As also another Sewer at Wortheynyscroft on the South side unto Dod dyke six foot in bredth and four in depth at the costs likewise of such as should have profit thereby And they also presented that the Town of Neutone time out of mind ought and had wont to repair and make a certain Bank called Lowynsfendike beginning at Fytton and leading to Tyd Siddyke two foot higher than it was at that time in the best place and xij foot in bredth And that Iohn Symondeson of Neutone for the whole time aforesaid ought and had wont to make and maintain a certain Dam at the East end of the land in Newfield to restrain the water of the said Newfield from descending into the next field called Rolsefield And that the said Town of Neutone ought and had wont to make and repair a certain Bank in Neutone called the Gordyke beginning at Blokkyslane and leading to Shoffendyche in height six foot and in bredth twelve Whereupon the said Commissioners did decree accordingly And the said Jurors likewise presented that all the Landholders in Newfield in Tyd S. Giles ought and had used to make and repair one Crest in a certain field called Beeslane field in the same Town beginning at Tyd Syddike and extending to Brounesbrigge in height four foot and in bredth eight And that the Landholders in Southfelde in the same Town ought and had used to make and repair another Crest from Tyd Syd dyke to Brounesbrigge in height four fooâ— and bredth eight And that all the Landholders in Southfelde in the same Town beginning at the land of Iohn Houshold abutting upon a certain mansion called Beesplace unto Tyd Syd dyke ought and time out of mind had used to make one Crest upon Syd dyke beginning at Beeslane end and leading to Averey's crose in the same Town four foot in height and eight foot in bredth And that the Landholders in Southfelde aforesaid of the lands abutting upon Brod gate ought and did use to repair and make one Crest neer to the common Sewer on the South side in height four foot and in bredth eight And that all the Landholders in Bradeste of the lands abutting upon Hascroft lane towards the West ought and had used for the whole time aforesaid to make and repair a certain Sewer beginning at the Sewer next unto the land called Stokwellesland unto Brossebrygge in bredth eight foot and depth four And they likewise presented that all the Landholders of the lands in Halcrofte for the whole time aforesaid ought and had wont to make and repair sufficiently the common Sewers in Halcrofte unto Welmany flete thwarting the High way called Crosse-gate and so by the land lately belonging to Thomas Retherwyk and Iohn Mayner unto the land lately belonging to Iohn Bee but then to Iohn Hunstone and so betwixt the land of the said Iohn Hunstone and Isabell Retherwyk unto Sondy lane and there to make one Bridge of one foot in bredth and asmuch in depth and so betwixt the land of Iohn Lambard and the land late of Geffrey Cosyn unto Sedyk lane and the land of a certain field called Blohevede unto the Floudgates And that all the Landholders in Edykfelde from Blakeslane to Mosselane abutting upon Edyke ought and did use to make and repair a certain Sewer at the North point of the lands of Edykfelde aforesaid in bredth eight foot and depth four And they also presented that all the Landholders in Edykfelde ought and had used to make one Sewer at the North end of the lands of Edykfelde aforesaid abutting upon Edyke from Blakkeslane to Barrowsgrene in bredth eight foot and depth four so that the fresh water might have its course to Blakkeslane unto the great Sewer and so the Sea And that all the Landholders in Hornefeld ought and had used to make and repair one Crest in Brodgate in Tyd S. Giles on the South part of the Sewer called Marteynesfendyk unto the Corner where Will. Hubert then dwelt in height four â—oot and bredth ten And that all the Landholders in Cokley field ought and had used to make and repair one Crest in Botteleslane from Bottelesbrigge to the Ee dyke in height four foot and bredth twelve And that all the Landholders in Fendykfelde and North lane feld ought and did use to make and repair one Crest in Blake lane in Tyd aforesaid from Bottelesbrigge unto Tubbesbrigge and from the land of Iohn Ingleche unto Ee dyke in height four foot and bredth eight And that all the Landholders of the lands in Carrowfelde abutting upon Ee gatâ— from Gotebrigge to Northlane ought and had wont to make and raise one Crest in Eegate in Tyd aforesaid where need should be in height four foot and in bredth twelve And that all the Landholders in Tyd aforesaid did use and ought to raise and make one Bank called Byshopesdyke from Tubbesbrigge unto the Ee dyke in height four foot and in bredth twelve And they moreover presented that the Town of Tyd S. Giles ought and had used time out of mind to make and repair sufficiently one Clow or one Dam in the Common Sewer of Tyd next to the Land of Simon Canchâ—ne and Hascroft lane on the West-part and another Clow or one Dam in the
common Sewer at Brownesbrigge and another Clow or one Dam in the Common Sewer at Wâ—singhambrigge and another at Boteleslane brigge and another at Tubbesbrigge so also one in each of the Common Sewers at Mannyngesbrigge Beeslane brigge and Stonebrigge in Kirklane And that the said Town of Tyd ought also and did use to make repair and mantain sufficiently two Banks called Wardyches in Tyd aforesaid viz. the Syd dyke and Thre dike beginning at Avereys trees in Tyd aforesaid and extending to the New fen dyke in the same Town higher by six foot than they were at that time in the best place and in bredth twelve And that the said Town of Tyd ought to raiseâ— maintain and repair sufficiently one Bank called Marteynesfendike in Tyd aforesaid beginning at Avereys trees and leading to Wesynham brigge in the same Town six foot higher than it was at that present in the best place and in bredth xij foot Whereupon the before-specified Commissioners decreed that the said Sewers and Banks should be made and raised accordingly And they likewise for the better safeguard of the said Town of Tyd did decree and ordain that a new Sewer should be made from Brownysbrigge unto Kirklane on the North side of Newgate in bredth ten foot and in depth as much as needed so that the Rivers of Elâ—tesfeld Fendykefeld Cokeleyfeld Hornefeld and Rylondfeld might have their course to the House somtime belonging to Will. Noche but then to Will. Hobart on the North part of Brodgate and so thwarting the Broadgate unto Brownesbrigge aforesaid on the South side of Brodgate and so unto the said new Sewer and then crossing Kirklane where a fitting Bridge of bredth and depth convenient was to be made and so by the hades of the Lands of Somerleswe abutting on Kirklane towards the West unto Thorgereslane and so by Thorgereslane on the North side unto Hastcroft dyke neer to Thesâ—ill brigge and from Thestely brigge unto the end of Thorgaresâ—ane unto Hascrost mylle hylle thwarting Hascroft dyke and so to the antient Sewer called Brossebrigge and so to the Sea which Sewer was to be made by all the Landholders of the Town of Tyd aforesaid And that the two Sewers on each side Brodgate and Kirkgate from the House of Will. Hobert and Brownesbrigge should be stopt up when need required And that one Sewer should be repaired and digged on the South part of Southgrafte feld neer to the Syddyke viz. from Childesgrave unto the Gorys and so to Theâ—tely brigge eight foot in bredth and as deep as needed by all the Landholders in Southgrafte feld aforesaid And that all the hade Lands of Southgrafte feld aforesaid towards Thorgaresâ—ane should be stopt by the Landholders there upon penalty of xxs. for every of them to be paid to the Bishop of Ely for the time being so that the water of Southgrafte feld aforesaid might have its course to the Sea without any impediment And that every man having Lands or Tenements in Tyd aforesaid might take Earth to repair and make the Shoffen dyke from the Common next to the River which is in Tyd aforesaid and Tyd S. Maries which is the division betwixt Cambridgshire and Lincolnshire And that the said Shoffendyke should be barred in three places to prevent Carts from coming thereon and that a certain way in Tyd aforesaid called Beeâ—lane should likewise be barred for the same respect from the Feast of S. Michael the Arch angel unto the Feast of S. Peter ad vincula by the Landholders in Newfelde And they lastly presented that Thomas Floure of Okham in the County of Roteland ought to repair and maintain upon the Bank called Wisebeche Fendyche a certain proportion containing six hundred foot in respect of xxiiij acres of land in Wisebeche and that upon Monday the Feast of S. Wolstan the Bâ—shop and Confessor in the seventeenth year of the said King Henry the sixt his reign the same portion of that Bank was broken and decayed and that the Dike Reeves aforesaid did warn the said Thomas to amend the same which he refusing to do the fresh waters made the said breach greater whereby the portions of the same Bank belonging to Geffrey Lambard and others adjoyning thereto were also broke and ruined to the danger of destroying the whole Country MMMMCCCC acres in Wisebeche MMMMDC acres in Leverington MCCCC acres in Neutone and MM. acres in Tyd being thereby at that time overflowed and drowned Not long after this viz. upon Saturday next before the Feast of the Nativity of the blessed Virgin in 17 H. 6. there was a Session of Sewers held at Wisebeche by Sir Iohn Colevile Knight Gilbert Haltoft and others at which time the Jurors presented upon their Oaths that there was a certain Sewer called South Ee but antiently Old Ee whereby the water of Nene and Weland ought to passe from Noman's land in Croyland unto Dowesdale in the same Town and thence by South Ee dyke unto the East end of the field of Throkenold in Leverington neer the Crosse in Leverington and thence into the Sewer called Fendiche in Leverington and Wisebeche unto the River of Wisebeche at Guyhirne Which Sewer of South Ee aforesaid is the division betwixt Lincolnshire and Cambridgshire And that the moytie of the said Sewer ought to be scoured by the Abbot of Crouland and the Towns of Quaplode Hotheche Fleete Gedney Sutton and Tyd S. Maries in Lincolnshire viz. by the said Abbot to Dowesdale aforesaid and thence by each village aforesaid for their proportions of land in each Town And the other moytie by the Abbot of Thorney and Bishop of Ely with his Tenants of Wisebeche Hundred viz. by the said Abbot for his Fens in Thorney and Leverington bordering upon the same Sewer and by the said Bishop and his Tenants for their Fen called Wisebeche fen in Cambridgshire abutting upon the said Sewer And the said Sewer called Fendiche ought to be clensed by the Towns of Wisebeche Leverinton Neuton and Tyd S. Giles And that the said moytie of that Sewer which ought to be scoured by the said Towns of Quaplode Holbeche Fleete Gedney Sutton Tyd S. Maries was not clensed but stopt up and filled with Reeds Haffs and other Vegetables so that the said water could not have its right course unto the said Sewer called Fendiche and thence to the River of Wisebeche and so to the Sea as it used to have whereby the whole Fen called Wisebeche fen belonging to the Bishop of Ely was drowned so that the said Bishop and his Tenants of Wisebeche Hundred could not receive any benefit in the same And they likewise presented that one part of the water of Nene descended from the Bridge at Peterborough unto Thorney barre aforesaid thence to Noman's land in Croyland Which River the Abbots of Peterborough and Thorney ought to clense from the said Bridge at Peterborough unto Thorney bart aforesaid and thence to Noman's land aforesaid viz. the Abbot of Peterborough the
to Dounham brigge unto Stow brink houses to which place it ought to be vi foot in bredth at the top and from thence unto Staple were 8 foot in bredth and of sufficient height And that the Inhabitants of Dounham Wymbottesham and Stow Bardolf ought to maintain the same in manner and form aforesaid Also they said that for the avoidance of the fresh waters falling within certain several grounds and common Fens of Denver aforesaid on the East part and South part of the said great River of Ouse there ought to be made at the costs and charges of the Inhabitants of Denver aforesaid and set at the said Hithe one good and subâ—â—antial Sluce of Stone and Timber with a falling dore for the avoidance of the said Fresh waters into the said great River And that there is an old Bank extending from Upwell Towns end by and through the Common of Upwell called Neatmore unto a place called Moule rech next unto the Common drove of Upwell extending from Upwell Towns end to Welney aforesaid the which Bank was made in the beginning as it should seem for the preservation of certain common and several Fens called Neatmore Low fen Waxbeche and Walsyngham fenns the which Fens amounting to the number of 2000 acres by estimation or more be yearly drowned by the decay of the said Bank And that the said Bank ought to be in height from the plain ground one foot and a half and in bredth in the Foundation 8 foot and in the top four foot in bredth and that the charges of making and keeping the same ought to be born by the Inhabitants of Upwell aforesaid And that there is another old Sewer called Small-lode between Upwell and Outwell aforesaid which beginneth at the great River in Upwell called Northbranch at a certain place called Welhirn yard and extending to Ingram's hirne and from thence to Seman's goole in the same Town Which Sewer ought to be scoured by the Kings Majesty for certain lands in Upwell aforesaid sometime belonging to the Monastery of West Derham by the space of three quarters of a mile And then the said Edm. Beaupre for his Mannour of Upwell â— and Will. Norman for lands sometime Iohn Aylesham's ought joyntly to keep and scour the said Smal lode from Ingram's hirne unto Seman's gole by the space of a mile And further they said that where there be 4 several fields in the Parâ—shes of Upwell and Outwell viz. Plawfield Churchfield Budbeche field and Sondy field the which fields be defended by great Banks kept by the Landholders of the said fields to their great costs they said that by reason of the aboundance of waters falling within the said fields it cannot be conveyed out of them unto the Sea by any of the Sewers before-mentioned for the avoidance therefore of the same fresh waters there ought to be made at the cost and charges of the same fields two Sewers the one to begin at a certain place in the same field called Wadingstowe and from thence directly in a Dyke by a certain Bank called Plawfield dike and so by a certain dike called Baâ—dike and then in a dyke between the Common Droves of the one part and the Lands of Robert Dannet Gent. on the other and so forth in a dike between a ground called the xxx Acres of the one part and the lands of the said Robert Dannet and Anth. Cotton on the other part and so directly into a Pipe or Sluce of Stone under the little River called the Small lode in Upwell aforesaid And the other Sewer to begin at Hilling drove in Plawfield aforesaid and to pass in two Dikes in both sides of the same Drove and so into the Common River called Hermite's Ee and from thence into a Dike between the Lands of Will. Walsyngham Gent. on both parts under the Common Drove called Sprouter's drove and so in a dike between the said Drove on the one part and the lands of William Norman on the other and from thence into the said Dike or Drayn at Bardrove and so into the said Sluce under the said River called the Smal lode and from the said Pipe or sluce unto the Dike belonging to the King in right of the late dissolved Monastery of West Dereham into the said field called Kirkfield and so in a Dike in the the same field between the Kings lands on the one part and the lands of Richard Fyncham Gent. on the other unto a certain ground of the said Richard's called Goddard's and there to be made a Dam between the lands of the King and the Lands of the said R. Fyncham And from thence the same Drayn to extend in a Dike overthware the Lands of the said Richard into a Dike of the same Richard on th' one part and the Lands of the Heirs of Peter Bateman on th' other part and there to be made a Dam between the said Lands and from thence overthwart in a Dike by the midst of certain ground of the King 's called Anbell land into a Common Drove called Dowes drove of th' one part and the said Anbell land on the other part and there to be made a new Dam between the said Lands and the said Drove And from thence to extend in a Dyke between the said Dowes drove and the lands of the King called Derebought land and the Lands late Walter Godard's and one piece of Land called Howardyn of the other part directly into Kirkfield Ditch and then overthwart in one Pipe or Gote of stone under Dowes drove aforesaid and so from thence in a Dike by a certain pasture ground of Ric. Foulesham called the xx Acres on th' other part and Kirkfield dike on the other and so in the said Dike into the Lands of Anthony Croftes and there to be made a Dam between the said Lands on the one part and the said Lands called the xx Acres on th' other part And from thence in a Dyke of the said Croftes directly by the said Kirkfield dyke unto the Common Drove called Eche drove and there to be made a Dam between the same Drove and the Lands of the said Crofte's and there to enter into a Gote or Pipe of stone under the said Drove And then in a Dike between the Lands of the said Croftes on the one part and Kirkfield Dike on the other part and there to be made a Dam on the other side of the said Drove between the same Drove and the said Lands of Croftes and so from thence in the said Dike of Croftes unto the Medow of William Norman somtime Iohn Curtis and there to be made a Dam between the Lands of the said Croftes and the said Will. Norman and from thence in a Dike between the said pasture of the said Will. on th' one part and the said Kirkfield Dike on the other part unto Kirfield Dike Corner â— and there to enter into a great Pipe of Stone and Timber under the said great River extending from
the Were and the dore and wider if need be so that no water be stopped or straightned 27 And from Clows Crosse unto the Northwest corner of Troknold in the river called Old Ee alias South Ee the one half of the said river to be clensed by the Landholders of Troknold and the other by those of Tyd S. Maries and Sutton and from Troknold field unto Marysh cote the one half to be clensed by the Bishop of Ely and his Tenants and the other by the Landholders of Sutton and Gedney it being the division betwixt Cambridgshire and Lincolnshire 28. That Guyhirne gole be stopped 29 That the Sewer called the New leame from Knar lake to Stanground being so grown up that no water can passe in dry years to the utter decay of Wisbeche river be diked 30 foot wide and 6 foot deep 30. That the Landholders of Wisbeche do make a Shut at Fytton brdg within the Town of Newton to stop the water when need shall be 31. That all the lands in Wisbeche on the North side the River ought to clense the high lode of Wisbeche from the 4 gotes to Eydikes brigge in Leverington in bredth xii foot and depth four and repair seven Bridges in the Town of Newton 32. That the great River of Wisbeche being greatly decayed raised and filted up by reason of the flowing and ebbing of the salt water for preservation therefore of the whole Hundred that a Sluse be made in the said River at the Horshoo in Leverington at the charge of all the Hundred of Wisbeche or any other place that shall take profit by it and to be made in bredth Lx foot and depth x foot from Guyhirne to the Sea 33. Also that there be two new rivers cast of each side of the said great river of Wisbeche the one to begin at Guy hirne Crosse and to extend to Kentoun's Corner the other at Tower house and to extend unto Kekys mill which rivers to be xv foot wide apeice and six foot deep and this to be done by the whole Hundred of Wisbeche 34. And that for the better preservation of the high Fen dike and the Countrey the Townships of Newton and Tyd S. Giles shall as oft as by any outragious tempests and waters it shall be in danger rise and come to give their attendance with the Townships of Wisbeche and Leverington to watch for the preservation of the same 35 That a Dam be made in the Lode at Hobs house to the end that by the stopping thereof in dry years the waâ—er may the better descend into the great river Leverington 36. That a Crest be made from Fytton bridge against the gole in Leverington by the Landholders on the North of UUysbeche that the water may run within the Bay 37. And that the heirs of Richard Everard Esquire shall maintain a dam in the xl acres lying between the lands late Geffrey Norman's and the heirs of the said Mr. Everard to keep out the gool water from drowning of Parkfield and UUratfield 38. That the Landholders of Harpfield and Sherefield in Leverington make a Crest in a place called two Lanes beginning at Shofendyke and leading to Blacklane in height 6 foot and in bredth 8. 39 That the Landholders in Southingham in Leverington make a dike called Overdyke beginning at Bellmylne Briggs and leading to Parson drove end and thence to Meysbrigge by the Landholders of Northinham And from thence to Blacklanffield otherwise called Lady outgote by the Landholders of Fenhalfield and thence unto Bond 's gote by the Landholders of Blacklanefield in height 6 foot and bredth xii 40. That the Landholders of Rymersfild in Leverington make a Crest in Pokle beginning at South-gate and so leading unto Birds drove in height six foot and bredth eight foot 41. That the Landholders of Newfield in Leverington make and repair a Crest in Alinne drove beginning at Bird's drove and so leading to Newfield pipe in height six footâ— and bredth 8. 42. That the Landholders of Pokefield make a Crest in Mill lane beginning at South gate and so leading to the Pipe at Birds drove in height six foot and in bredth 8 foot 43. That the Landholders of Richmund field make a Crest in Cattle dike beginning at Newer's dike and so leading unto Richmund pipe in height six foot and in bredth xij foot 44. That the Landholders in Richmund field and Newfield make a Crest in Turnmeredike beginning at Bond 's gote and so leading to Richmund pipe in height 6 foot and in bredth xii foot 45. That the Landholders of Longmeadow and Catfield make a Crest in Oldfendike lane beginning at Leonard's pipe and so leading on to Cakerow hill gate in height 4 foot and in bredth 8. 46. That a gool in Northinham and a gool in Southinham shall be agisted and made and the agistment thereof maintained by all the Landholders in Leverington the menure to be taken off the lands annexed paying to the Owners iiijd. for every Rod. 47. That the Landholders from the High Fendike to Newlane in Northinham shall make Newlane in bredth xii foot in the bottom and in height four 48. No stops to be made in those Sewers of Southinham and Northinham but that the narrowest place be six foot wide that Boats may passe 49. That the Landholders on the North of Wisâ—eche River who drayn through Leonard's pipe make sufficient a Crest beginning at Leonard's pipe and so leading by Popelane to Ives dike bridg in height four foot above the water and in bredth 6 foot And every one to keep their Heddings and their Cloues on the West side of Popelane according as heretofore 50. That the Landholders of Out Newlands in Leverington make a sufficient Dam in bredth 8 foot and height 6. at their lands ends at the North east side at the Windmill in Leverington to keep out the water from running in Wisbeche lode 51. That the Landholders of Southinham and Canonfield make a Crest from Dike corner unto Over dike in height six foot and bredth eight 52. That all the lands in Leverington ought to scour the high Lode from the Fendike unto the 4 gotes in bredth 12 foot and in depth 4. And all Stamps and Weres therein to be pulled up neverthelesse the Inhabitants to have a Common set in the said Lode at a place called Richmond greene from side to side according to antient old Custome Newton 53. That a Sewer be made in Longfield in Newton in bredth 8 foot and depth 4 between the lands of Ieffrey Colvile Esquire and Simon Trove and the lands of the said Mr. Colvile and Thomas Reynold from Mill lane unto Medow lane 54. That another Sewer be made in the midst of Longfield aforesaid from the lands of Ieffrey Colvile Esquire abutting upon the lands of Robert Roydan unto the aforesaid Sewer to be in bredth 8 foot and in depth four 55. That all Fish taken at the 4 gotes be converted to the use of the
said gotes 56. That the Heddings of Fytton Seacrofts be diked from Dods dyke unto Medow lane in bredth 8 foot and in depth 4. 57. That the Heddings of the lands in Fytton croft be diked in bredth 8 foot and in depth 4. from Lowing's Fendike unto Dods dike 58. That a Sewer be made by the Heddings of the lands in the midst of the old ......... viz. from Fittâ—â— Crosse unto the lands of Ieffrey Colvile Esquire called Worthens Croft in bredth 8 foot and in depth 4. 59. That a Sewer be made on the South side of Worthens Croft unto Dods dike in bredth 8 foot and depth 4. 60. That the Township of Newton time out of mind ought to repair a Dike called Lowings otherwise called Blackdike beginning at Fitton and so leading unto Tyd Sea-dyke in height 8 foot and bredth xii 61. That the Landholders of Iohn Clarke and Rolles field ought to make a Dam at the East end of Iohn Clarke's land in Newfield to keep the water of Newfield from running into Rolles field 62. That the whole Township of Newton ought to repair a Dike called Goredike from Block's lane leading to Shoffendike in height 8 foot and in bredth xii 63. That all the lands in Newton shall clense one Lode called Newton lode beginning at Fendike bridg and leading to Pickerd's stile to the four Gotes in bredth xii foot and in depth 4 foot 64. That the Landholders of Rolles field shall keep their Clotes and the Landholders of Newfield and all other fields that drayn that way shall make their Heddings in Rolles field from the lands of Iohn Clarke aforesaid unto Dod dike and there to make a Pipe of four foot square 65. That a Sewer be made in Newton from viii acres of ...... Drews at Fytton gole at the West end of meadow field and so all along by Medow lane unto West field and so by Sim. Troves 8 acres and from thence by the Heddings of Mr. Colvile's xx Acres and so over the Lane through a pipe to the Common Sewer of Newton to be diked 8 foot in bredth and depth 4 every man against his own land 66. That the Sewer in Fenlondfield beginning at Starts gate and so going into a Pipe lying over Franks lane and so to the mote of Geffrey Colvile Esquire and thence to another Pipe lying over the High way in the same Town of Newton neer to the Common Sewer be diked by all the Landholders that shall take profit thereby 67. That all the lands in Newton do make a Dike coming from Shofendike beginning at Goredike and so leading to Tyd thredding in height 8 foot and bredth 6. 68. That all Weres and Stamps being in the high lode of Newton from Shofendike into the 4 gotes be pulled up 69. That the Township of Leverington do make 8 Bridges in Newton and one Close shut which Bridges do lye towards the South the first at Stanfield's dore the second at the beginning of Black dike two at Leverington pipe with 2 stone walls one at Lords lane another at Child's grave otherwise called Taylors sheers one at Green dike and one at Start's dike 70. That the Landholders of Leverington ought to make the Heddings in Newton beginning at the burnt place in Fytton and so leading unto Fen-dike Bridges and thence by Galls field unto Start's bridge in height ... foot and in bredth 8 taking menure and paying to the Owner for every Rod of length 18 foot bredth 4 foot and depth four foot four pence Tydde S. Giles 71. That all the Landholders in Tyd S. Giles ought to make a certain agisted Dike called Shoffendike from Tyd thredding unto Ee graynes in Tyd in height six foot and bredth 8. 72. That a Bank called Ee dike and all Ee Banks from the said Eegraynes unto Tyd gote shall be made of the same height and bredth by all the said Inhabitants saving against Hockfield and other two places called the Ee dike or Bishops dike The which Ee dike to be made by the Bishop of Ely and the others by the Lord of the said Hockfield 73. That a petty Drayn be made in Newfield beginning at Brown's bridge at Newgate leading by Broad gate and Barngate to the Bridge at Churchgate in bredth 8 foot and depth 4. by the Landholders on the North side of Newgate bordering on the same Drayn 74. That a petty Drayn in Somerlesue be scoured beginning at the said Bridge at Church gate and by Church gate going to Littilbrigg in bredth ... foot and depth 4. by all the Landholders in Somerlesue and a Shut or Dam made at the said Littlebrigge as oft as need requireth 75. That all the Dikes lying against the North side of the Town drove and under Old dyke and Fen lane beginning at Skepgate brigg and so by the Droves to Shofendyke be scoured by all their Heddings every one against his front 8 foot wide and four foot deep 76. That a Crest be made in Towndrove beginning at Gaunt's brigge and so leading unto Cowstowe thence unto Fen lane and thence unto Ee dike in height 6 foot and in bredth 8 foot by all the Landholders in Rylondfield Carrow field and Northlane field And from Fenlanes end unto Shofendyke one Crest to be made in height and bredth as aforesaid by all the Landholders in Elletfield 77. That a Pipe be made in the same Bank a little from Gaunt's brigge out of the Lode for the drayning of the Fen and not to run but at such time as it shall not surround any other lands 78. That all the Wardikes in Tyd aforesaid shall be barred at all times in the year when need shall require by the advise of the Headborows and Dike-Reeves of the same Town that is to say aswell Town drove Fenlane South dike Tyd thredding Blackdyke and Beyslane as all the other agisted Banks and Dikes 79. That the Landholders in Tyd do make a Crest in Beyslane beginning at Tyd Sea dike and so leading unto Brown's brigge in height 4 foot and in bredth 8. 80. That the Landholders in South-field beginning at the lands late Iohn Houshold and abutting upon a certain land called Beyse place and leading unto Tyd Sea dike ought to make one Crest upon the Sea dike beginning at Beislane end and leading to Averie's trees or Black dike in height 6 foot bredth 8. 81. That all the Lands in Brodhest abutting upon Haftcroft lane do repair a petty Drayn beginning at the Common Sewer ....... and leading by the said lane unto Brassey lode in bredth 8 foot and depth 4. 82. That the Common Drove in Halcroft beginning at Hall pasture and so leading between the lands of Sir William Cordall Knight and so by the said Lane unto Welman's street and so into the old Sewer and so by the Sea gate green unto Skepp's board and so by the Sea bank unto the Common Sewer be clensed by all the lands lying upon the same 8 foot broad and 4
foot deep 83. And that at the said Shepes bourd be made a Bridge with a Close shut or else a Dam and the said place to be stopt at all times at the discretion of all the Head-borows and Dikereeves of the said Town 84. That the Landholders in Ee dike field from Black lane unto Mosse lane abutting upon Ee dike make one petty Drayn as oft as need shall require at the North head of the same land in bredth 8 foot and in depth 4 foot so that the water of the said field may have his course to the Common Sewer 85. And that the Landholders of the same field from Blacklane unto Barrow's greene at the North head of the same field ought to make one petty Drayn in bredth 8 foot and in depth 4 that the water may passe into the Common Sewer 86. That one Sewer be made at the East side of Crosse gate beginning at Thack ..... a little from Chaucheon's bridg and so leading through a Pipe at Black lane unto Black .... and so to Garreds lane end and so through Seagate greene unto Helgay's gote 8 foot wide and 4 footâ— deep by all the Landholders thereto adjoyning 87. That all the Landholders in Hurnefield make one Crest ..... in Broadgate at the North side of the Common Sewer thereâ— from Sheppers gate bridge unto Hubberds Corner in height 4 foot and bredth 8. 88. That all the lands in Cockley field ought to make one Crest in Bottel's lane from Bottel lane brigg unto Ee dike in height 4 foot and in bredth 8. 89. That all the Landholders in Fendyke field make one Crest in Blacklane to begin at Tubbesbrigge unto Bottlebrigge And in like sort the Landholders in Cockley field to make one Crest in Ey gate from Bottel brigg unto Ee dyke in height four foot and bredth ..... 90. And in like manner the Landholders of Carrow field to make one Crest there 100. That the whole Township of Tyd do make one Shut or Dam in Brasselode Dam in the Sewer and one other Dam at Dike Landam And another ..... head Acres under the Sea dyke with Shuts to stop out the salt water And also a Shut at Hornelanes end another at Foster's dam Another at Thursley bridge Another at Tubbes brigge another at ...... Bridge in Kyrklane All which to be stopped by the Assent of the Headborows and Dikereeves when need shall require 101. That the Landholders of Tyd ought to keep two Wardikes viz. Tyd Eedike and Thredding beginning at Averey's trees and so leading to New fendike alias Shoyfendike in height 4 foot and bredth 6. 102. And another Wardyke called Black dyke and Skeppers gate to be made by all the lands between the East side of the said Dike and the Sea-bank and by all the Commoners of the said Town Which Dike beginneth at Averey's trees and so leadeth to Tyd bridge to be made in height 8 foot and bredth 12. The Presentments of Elme and Coldham are wanting Upwell and Outwell 103. That Henry Cowper shall make his Bank in Upwell aforesaid from Lakebrigg unto Dods stile otherwise called Sewell's clout as the Abbot of Bury hath done before his time which Bank to be in height 6 foot and bredth 8. And that there shall be two good lawfull Gates between the said Lakebrigge and Dods stile for passage of people 104. That all persons having lands in Budbech field in Upwell ought to make their part of Green dike from Dod's stile and so to the Stony Crosse at Sumpter's dore every man his part 8 foot broad on the top 105. That the Sewer called the Chayre in Upwell more beginning at the great River of Welle and descending unto Coxecote tree thence to Darsey lode and so to Welney River be scoured in bredth xvi foot and depth 6 foot by the Bishop of Ely for his part Edm. Beaupre Esquire for his part and all others that have been charged heretofore 106. That Fryday lake and Magglake in Outwell and Upwell be clensed by the Inhabitants of both the said Towns in bredth ....... foot and depth 4 foot 107. That Bishop's dike which beginneth at Sewell's clout in Upwell and thence extending to Langbeche which lyeth in Elme ought to be made good by all the Lands of Upwell 108. That a pair of Barrs be kept at Sewell's clote 109. That every Were and Dore in the great River be xxiiii foot wide or more and all other Rivers and Draâ—ns in the Hundred of Wisbeche xviii foot in bredth or more 110. That Budbech Sewer beginning at Broad Common and coming to Pyes drove and thence going to a Pipe at the house of Simeon Fyncham being decayed and grown up be clensed in bredth x foot and depth 3 foot by all the Landholders of the said field 111. That the Sewer called Newdike lying in Buriall field in Outwell beginning at the East end of a Wood sometime Hilbrond's and descending unto the Chapel-bridg and thence to a Pipe at the Stone crosse at the dore of Ric. Sumpter be clensed and that there be a Sluce set at the Bridge at the house of Iohn Chambers and then that the Bank at Mildam being cut the water may passe to the River called the Salt Ee. 112. That in the watering place in Elme marsh be made a Pipe of stone with a Sluce that may stop the water when it is high in the River of Elme so that it descend not backward 113. That a pair of Barrs be set up at Dod's stile alias Seywell's Clout 114. That a Dike called Brokendike lying in Elme ..... upon the East side of the Salt Ee be made in height ...... foot and bredth xii foot by the whole Country of Marshland 115. All Weres and Stampes within the Hundred of Wisbeche to be pulled up 116. That if any person be negligent in making or repairing their Banks or in scouring their Drayns within the said Hundred of Wisbeche according to such Orders as they are bound to do that it shall be lawfull for the Dikereeves of every Town to cause them to be made and being so made to distrain any lands of every such person so neglecting And if he be not stramable then to distrain upon any other his lands lying within the said Hundred of Wisbeche or elswhere within the Realm of England and to sell the distresse paying to the Owner the overplus when the charges and expences are deducted according to the Laws and Statutes of this Realm 117. That new Agistment Books be made by the Headborows with the Dike-reeves of every Township 118. That all pains forfeited the moytie of them to redound to the Bishop of Ely and his Successors and the residue to be bestowed upon the Banks Barrs Crests c. 119. That the Bank beginning at the Horshooe and so leading directly to the Town of Wisbeche which is the defence for the East field be repaired by Thomas Orrell Esquire from the said Horshoo to Leverington Wardyke and to be
made higher by three foot 120. And that Guyhirne gole be banked with a Bank of xvi foot and in height x foot by all the lands lying in Wisbeche between Sorcel dike and the high Fendike On the 12th of Iuly in the same 13th year of Qâ—een Eliz. reign it was thus ordered by Robert Bell Ieffrey Coleville William Hunston Robert Balam William Brian Richard Nicholas Thomas Hewar and Henry Hunston Esquires Justices of Sewers for the Countrey of Marshland in the County of Norffolf and for the Borders and Confines of the same viz. Forasmuch as Bishops dyke within the Isle of Ely is greatly decayed by the abundance of fresh waters which hapned this last Winter the like whereof was never seen within the remembrance of man to the great decaying and impairing of Broken dyke being one of the defencâ—-Dikes for salvation of the whole Country of Marshlande to the great peril of the drowning the said Country of Marshland and to the utter undoing of all the Landholders of the East side of Elme between the said Bishop's dike and Broken dike if the said Bishop's dike be not sufficiently repaired and amended in time the experience wherof was too manifest this last winter to the great losse of a number of the Queen's Majesties Subjects the misery whereof is unspeakable it is therefore condescended and agreed by the said Justices That the Landholders of Elme within the Isle of Ely aforesaid between Nedeham dyke and Broken-dyke aswell for that the Countty of Marshland may the better repair and maintain the said Broken dike this last Winter decayed by the means of the overflowing of the said Bishop's dike as also to be without charge of making and defending of the said Broken dike the said Broken dyke being maintained which cannot be if the land there remain surrounded still and so thereby no profit to be reaped by the Owners of the same land shall have license to issue out the water of Oldfield between Needham dike and Broken dyke at the Gote or Pipe already laid on Broken dike not far distant from Blewick's house and to issue into Marshland by the direction of Mr. Balam Mr. Hewar and Mr. Henry Hunston through Emneth and Walsoken in the highest parts of Marshland Provided that when it shall be thought by any two of the Justices aforesaid or by any four of the chiefest Landholders of the Country of Marshland then resiant within the said Country that the same water running underneath Broken dike is hurtfull to the Country of Marshland or to any part thereof or that it shall be perceived by any two of the said Justices or by any four of the chiefest Landholders of the Country of Mershland aforesaid that the Charge bearers of Bishop's dike be negligent in the well defending the said Bishops dyke or that the Landholders of Oldfield do not sufficiently from time to time maintain and keep Needham dike or lay any Gotes or Pipes in any place of the said Needham dike to issue any water from any part of the South side of the said Needham dike or that any water is received into Oldfield by any way or device to the intent to utter the same at the Gote in Broken-dyke other than the downfall of the Ayre falling into the aforesaid Oldfield that then and at all times afterwards it shall be lawfull for any of the Inhabitants of the Country of Marshland so to cease the running of the water through the same any thing mentioned in this Order or Law to the contrary notwithstanding Or if the owners of the lands which do lye between Needham dike and Broken dike or any of them do refuse to bear and pay all and every such charges to Knight's goole or to any Sewer leading thereunto as the other lands in Marshland do according to the number of Acres and the same to be paid to the Dikereeves in Emneth Or if the Owners and Landholders of Oldfield do not from time to time well and sufficiently repair and maintain aswell the said Gote or Pipe lying underneath or through Broken dike as also as much of the Bank or Dike called Broken dike alias Oldfield dike as the same Gote or Pipe is in length or bredth Or if the same Gote have not two strong dores viz. at each end one always in readinesse to be shut or stopped when occasion shall serve at or before the day of S. Michael the Arch Angel next ensuing the date hereof and from time to time thenceforth to continue and keep the same in good reparations or else to cease as is aforesaid At a Session of Sewers held at Wisbeche 22 Aprâ— xvi Eliz. Ordered that the Causey called Norwol dam shall be raised with gravell three foot higher than it is at the costs of the Hundred of Wisbeche saving a way to be left of xii foot in bredth with a Bridg over the same as heretofore hath been accustomed which Bridg to be made at the costs of the Bishop of Ely Also that Longe's drove in Elme shall be made sufficient to keep out Says field water by the Landholders of Oldfield In An 1576 xviii Eliz. was the first Improvement of Needham Buriall fields lying within the Precincts of Upwelle by an Agreement of the Landholders there on the xxiiiith day of Iune in the same year at which time they setled an Acre-shot of six pence the Acre for defraying the charge thereof And about two years after this at a Session of Sewers held at Erith brigge viz. 4º Augusti xx Eliz. it was ordered by the Justices that there should be a Bank made from Marysse dike unto Bishop's dike alias Lovedays dike over the River of Elme to be in height eight foot in bredth xii on the upper part and in the bottom xxxii foot as also a Clouse at Marisdam but so as Boats might passe through the same And likewise that the Bank beginning at Keâ—ismill and extending to Guy hirne and so by Coldham to Fryday bridg in Elme should be repaired so that the height thereof might be six foot the bredth in the bottom xxiiii foot and at the top 8 foot At a Session of Sewers held at Wisebeche upon the 12th of Iuly in xxiii Eliz. it was thus ordered that whereas the Common called Ladwers lying in Elme is drowned for want of a Crest that there be a Crest or Bank made beginning at Tylneyhirne and so leading to the New Leame thence by the River of Nene to the Horshooe thence to Marmond land thence to the West end of Langbeche adjoyning unto Bishops dike which Bank to be xii foot in the bottom in bredth 4 foot at the top and in height 5 foot And that the Sluse upon Marys dam shall be taken up and when the said Bank is made then to be set at New Leames end As also a convenient Tenement built meet for a man to dwell in for the keeping of the same And it was likewise
then ordered that the Towns of Upwell aud Outwell should from thenceforth be discharged from any diking in Wisbeche river unlesse by the goodnesse of the Drayn their lands do take benefit thereby And in the same year in another Session of Sewers held at Wis beche 14 15 Sept. before Iohn Peyton Geo. Carleton Humfrey Michell Thomas Hewar Esquires and others there was this following Decree Whereas the great River of Wisbeche is by this our Law ordered to be digg'd for the better grinding of the Chanel low to the Sea we find that Elme River called also Elme Ee ought to be in like sort digg'd But whereas that part of the said River extending from the Floudgates in Elme to Wisbeche Sluse hath been doubted in former Sessions for Sewers who of right ought to dig the same and that thereupon in a Session held 18º Martii 23 Eliz. we find that service laid upon the whole Hundred of Wisbeche we now upon Record shewed forth before us bearing date the 6 Dec. ... R. 2. that Wisbeche from Stone Crosse otherwise called Spittel Crosse to the Sluse should make and maintain the Sea-bank And also in a Session for Sewers held the Thursday before S. Mathew's day 25 H. 8. that from the Floudgates in Elme to Spittle Crosse the Township of Elme should dig and scour the same and from Spittel crosse to Wisbeche Sluce the Township of Wisbeche to dig the same we ordain That the said River called Elme Ee shall be scoured viz from Wisbeche Sluce to Spittel Crosse being the division between Elme and Wisbeche by the Township of Wisbeche and from Spittel Crosse unto the Floud-gates of Elme by the Township of Elme and from the said Floudgates unto the Townbrigge of Elme by the Bishop or his Fermour of Brauncâ—mere and from the said Townbridge of Elme to Frydaybrigge by the Queens Majesty for her lands late belonging to the dissolved Monastery of Crouland And from Fryday brigg to Marys dam by the Lord of Coldham And from Marysdam to the cutting over the Old Ee by the said Lord of Coldham Thence unto Branchmere by the Township of Elme in consideration that the said Township shall hereafter be discharged of all such like digging in and upon any the Commons of the said Hundred Lodward excepted the Bishop of Ely for his length in Branchmere From thence to Levermere by the Township of Elme Then for the length of Levermere by the Landholders thereof Then to the River Nene by the Township of Elme And that from Marysdam under Bishop's dike unto Lakebrigge and so into Welle River shall be diked from Lakebridge unto Swan pen two parts thereof by the ......... and the third by Richard Fyncham Gent. And from Swan pen to Langbeche by the Township of Upwell and for the length of Langbeche the Bishop of Ely From thence to Gale dole the Township of Elme Upwell and Outwell And for the length of Gale-dole by those that have the profit thereof to Marys dam. Which digging viz. from Wisbeche Sluce to Spittel Crosse to be 4 foot deeper than now it is and to hold xx foot in bredth and the rest by that example Saving that the River under Bishop's dike between Marys dam and Well streme shall not exceed xvi foot in bredth And we also ordain that there be made a new Crest to begin at Tilney hirne leading to the New Leame thence to the Horshooe thence to Marmound land thence to the West end of Langbeche adjoyning upon Bishop's dike to be made a Bank of xii foot thick in the bottom 3 foot at the top and five foot broad at the charge of all the Inhabitants of the Hundred of Wisbeche And at a Session of Sewers held at Wisbeche 26 May 29 Eliz. it was presented by the Jurors that Norwold Causey being in decay ought to be raised 5 foot higher than it was at that time and in bredth 8 foot on the top at the charge of the Landholders of the whole Hundred of Wisbeche and a Bridge of xii foot in bredth at the higher end of the same Causey at the charge of the Bishop of Ely Likewise that the Watercourse on the South end of Wisbeche should have it's course under the great River of Wisbeche through the xiC Bridg and so by the high Lode unto the 4 Gotes And that the waters in Fen end in Wisbeche which have their course by the High lode from Leonards pipe unto Evysdike bridg by a cut through the Bank at Leonards pipe shall have their course in Pope lane lode unto Evsydike bridg and so to the four Gotes At another Session of Sewers held also at Wisbeche 10 Oct. 31 Eliz. by Sir Iohn Peyton Knight Nich. Hare Iohn Colvile Iohn Reppes George Carleton Thomas Hewar Charles Balam Richard Buckworth and Alex. Balam Esquires Commissioners of Sewers then constituted it was thus decreed That whereas the Fen called Needham and Buriall Fen lying in Elme and Welle had antiently been drayned into the little Lode in Welle called the Sholle at the Stone Crosse and so by Welle River descended into Ouse at Salters lode but then having no descent into the said â—ittle lode by reason that the height of the water therein was 2 foot above the Level of the same Fen And whereas the Landholders in the same Fen having to their great charge procured a new Drayn passing under the Bank called Greendike where they have erected a Sluse for that purpose and from thence by a Sewer upon the East side of Meares drove by another Sluse by them likewise erected at Stow-sted to stop Nedham water for running into Budbech field where the said Sewer taketh its course into the Drayn of the same Budbech field and so continueth therein by and through a Pipe lying under the said Little Lode of Welle and thence passeth to Hodg hirne corner where they by the consent of Sir Robert Bell Knight late Lord chief Baron of the Exchequer caused a new Sewer to be made through a several ground of the said Sir Robert called the Fences and Bardolph fen by the space of 2 miles or more in length and from thence by the consent of Nich. Hare Esquire Lord of Stow-Bardolf did carry the one half of the said Sewer called Common lode between divers severalls lying in Stow Bardolf aforesaid on the North and the Common Fen belonging unto Stow Bardolf Wimbotesham and Dounham on the South and so through another Sluse lately also erected by the before-mentioned Landholders into the River of Ouse And whereas the said Sewers and Sluces were found to be most beneficial for the drayning of the Fen above-mentioned the said Commissioners ordered that they should continue for ever and be maintained from time to time by a Common Acre-shot upon all the lands in Nedham Buriall aforesaid Which new Sewer for Nedham doth from Hodghirne before-mentioned to Ward brigge in Stow contain Lxxii Rode and a half And from thence
to the Sluse by Ouse Cxiiii Rods and a half And they then also decreed that for taking away of the Sock of Bishop's dike and better drayning of this Fen a Drayn should be made under Bishops dike within the said Fen xxx foot at the least from the said Bishop's dike in bredth x foot and depth ..... the menour whereof to be cast towards Bishops dike The which Drayn to begin at Fenbridge and to go to the Barrs that part the Fen in the possession of Alex. Baalam Gent. c. thence to a pair of Barrs standing on Bishops dike next to the West corner of Malles fen then to the Drain called Langbech thence to Dods stile and thence under Greendike to the Sluse lately erected at S. Christopher's Chapel And that there should be another Sewer made from Hall's fen to the said Sluce at St. Christopher's Chapel And likewise that an antient Sewer belonging to the said Fen called Knights dike beginning neer Benford's Hall now Mr. Alex. Balaam's house and so passing under Needham dike on the North so unto Elme drove and thence to the Drove in Buriall field neer S. Christopher's Chapel should be kept and maintained in bredth xii foot and in depth five And moreover that the agisted Dike called Ea brinke beginning at Needham dike and extending from Maryes dam unto Dod's stile should be from time to time repaired And that for default in payment of the Acre-shot the Dikereeves to levy for every iiiid. by them expended vid. and for every iiiid. unpaid to levy vid. Likewise that an Indike be made on the North side of the Sewer extending from Hodghirnâ— through Bardolph fen and a new Sluse neer the River Ouse at the East end of Common lode and an Acre-shot of xiid. the Acre imposed upon all the lands in Nedham and Buriall for supporting the charge thereof And that for default in payment of the Acre-shot distresses should be taken and sold restoring the Surplusage in any Market within ten miles And at a Session of Sewers holden at Lynne Regis ult Sept. 33º Eliz. before Sir Iohn Peyton Knight Nich. Hare Hâ—mfr Guibon Edm. Bell Rob. Forest Tho. Oxburgh Alex. Balam Iohn Willoughby and Miles Forest Esquires it was farther ordered that whereas the Acreshots imposed upon Richard Fyncham Gent. towards the drayning of Nedham fen amounting to xxxvil. viiis. were not paid noâ— any distresse to be found upon the grounds charged therewith and that Rich. Fyncham and Rob. Fyncham interessed in the reversion of the said lands did refuse to pay the same that Iohn Fyncham of Upwell Gent. having paid the said sum to the Dikereeves should have the said lands for a certain term of years Upon the 19 of Sept. 39 Eliz. at a Session of Sewers held by Edmund Bell Iohn Reppes Tho. Hewar Tho. Oxburge Rich. Ogle Anthony Irby Alexan. Balam William Guibon and Iohn Hunt Esquires there were certain Laws and Ordinances made concerning the course of Welney stream and Welle stream with other Sewers the substance whereof are as followeth viz. Whereas it is evident that not only the Rivers of Grant Nene Ouse and Weland but the land-waters from the Counties of Hunt Northampton Cambr. and Norâ—f and some part of Suff. which border upon the Isle of Ely do stay in the Fenny grounds of the said Isle c. forasmuch as neither the several Rivers nor the other streams that are fed with the same as March stream the New Leame the West-water and divers Lodes within those limits be sufficiently clensed not imbanked for the ready conveyance of them to the Sea by means whereof the Out-ring Banks of Deping Croyland and South Ea in Com. Linc. and the Fen dike Waltersey Bank Bishop's dike Elme Ee brinke Coldham and Redmore Bank in the said Isle of Ely and the out-ring of Marshland as also the New Powâ—ike in Com. Norff. are in years of water much chargable to the owners and Inhabitants of those Countries and those Fenny grounds lye unprofitable The said Commissioners deliberately considering the redress do conceive that by renewing of the former depth and wideness of those Rivers Lodes and streams as also of the decayed Banks and by farther imbanking in places convenient the said Marish grounds will be perfected or much amended and therefore did ordain that Welney stream and Well stream from Litelport Chayre to Well ea and so towards Elme as the same have been accustomed to have their fall And March stream unto Shrewysnest where it falleth into UUell stream As also that the water of South Ea antiently called the Old Ea from Clow's Crosse unto Guy hirne before the x of December which shall be in the year 1598. shall be clensed and scoured by such as were to do the same And that the Lode called Small lode from the great River in Upwell to Ingram's hyrn be scoured by Sir Iohn Peyton Knight Dame Dorothy his wife or Edm. Bell Esquire for their lands in Upwell and Outwell parcel of the Possessions of the late Abby of Dereham and thence to Seman's goole and thence to Northdelph by those whose lands lye adjacent thereto So also Darcey-lode and Coxlode Likewise that Maid lode and Ship lode and the moytie of London lode which endeth at Northdelph should be perfected the Banks to be made in the bottom xvi foot and four in the top and five foot in height And the said Maidlode to be five foot deep and xxx foot wide by the space of the first 2 miles thereof And for the next two miles in wideness 25 foot and for the residue of the same and Shiplode xx foot with a Sluce at its fall into the River of Ouse in widenesse xii foot of water and in depth below the low-water-mark of the said River as it hapneth to be about Bartholmew tide all to be done by those that have interest of Common in Neatmore And the other moytie of London lode beginning at Upwell Causey to be done by the Inhabitants of Upwell for the residue of their Common called Neatmore lying without the limits Likewise that a Tax of x s. the Acre be imposed for erecting of Sluces heightning of Banks and making of Drayns and in default of payment thereof the one half of their lands who shall neglect to be sold. Moreover that for drayning of Denver fen a Sewer of xviii or xx foot in bredth be cut through the same to the great River of Ouse and a Sluce at its entrance thereinto And that the Bank called the Causey extending from the Crosse at Upwell Town 's end unto London lode head and the Bank called the Indike leading from thence by the North side of London lode to Welle streme at Northdelph with sufficient Indikes to the said Bank and Causey should before the first of Ian. next following be made and maintained of the like widenesse height and bredth as those that should be Purchasors or Lessees did or should make theirs between London lode
and Maid lode on the West head thereof And lastly that the Dikereeves should levy iid. for id. upon all that did make default in paying of their proportions according to the Custome of Mershland And if the Dikâ—reeves should be remisse then the Commissioners to levy the said iid. for id. and id. upon the said Dikereeves besides Which Acre-shot being not paid by the said Sir Iohn Payton and his Lady and Edmund Bell Esquire as it was decreed by the before-specified Commissioners there was a Session of Sewers held at Sechie in Com. Norff. upon the eighth day of May the next ensuing year by Francis Gawdy Esquire one of the Queens Justices of the Pleas before her self to be holden and in that Session a demise for thirty nine years made unto Will. Ingelbert and others of divers lands belonging to the said Sir Iohn Dame Dorothy his wife and Edm. Bell to the end that the said Will. and his fellow Lessees should out of the profit of those their lands make performance of what had been so decreed by those Commissioners And at another Session of Sewers held at Dounham in Com. Norff. upon the xx of Sept. in the same year by the said Francis Gawdye Edmund Bell Clement Spelman Edmund Moundeford Iohn Reppes Thomas Hewar Thomas Oxburgh Esquires and others recital being made of the Laws and Ordinances for drayning the Fens and Marshes before-specified the said Commissioners decreed that Will. Engelbert Iohn Watts and others and their heirs and assigns being undertakers for the said drayning and to keep and maintain the same being perfected should have the full moytie of the said Fens so drayned which lye and adjoyn to the said Lode called Maid lode and likewise the moytie of all the several grounds wherein no Common is or ought to be enjoyed within the said limits between London lode and Mayd lode and other the Precincts aforesaid except of the several grounds of Sir Iohn Payton Kt. Dame Dorothy his wife and Edm. Bell Esquire or any of them within those limits After this at another Session of Sewers holden at Sechie aforesaid upon Wednesday in Easter week being the xi of April in the xli year of the said Queen by the said Francis Gawdy Clement Spelman and others recital being made of those Ordinances established in the former Session before noted held the 29 of Sept. 39 Eliz. for drayning the Marsh-grounds in Upwell before-specified by a lode called London lode provided for the drayning of Neatmore and certain grounds adjoyning on the North part and the drayns called Mayde lode and Ship lode on the South whereby the Banks were appointed to be xvi foot broad at the bottom in height five foot and in bredth at the top four foot as also the Dikes five foot deep and in widenesse at the top xxx foot for the first two milesâ— and for the next two miles xxv foot and for the residue of the same and Shiplode xx foot with a Level bottom unto the Sluse for the same at the River of Ouse which Sluse to be xii foot wide the one moytie to be done at the charge of all those as had interest of Common in the same and the other moytie to be done by the Inhabitants of Upwell for the residue of their Common called Neatmore lying without the limits aforesaid imbanked And that aswell every Acre of several ground as that wherein any had interest of Common lying within the Precincts above-mentioned was assessed at ten shillings the Acre towards the erecting of the said Sluse heightning of the said Banks and making of the Drayns or Lodes called Maid lode or Ship lode and the said moytie of the said Drayn called London lode and that the lands of such as were so taxed and in default to be sold the said Commissioners by virtue of the before-specified Ordinance did decree divers lands to be accordingly sold for such their default in payment of what the owners of them had been so assessed and taxed Extracted out of a Certificate of certain Commissioners assemled at Upwell 24º Sept. 41 Eliz. 1. That the Bank sometime called the Crest but now Turk-banke lately re-edified for the defence of the waters out of the Fen â—in Upwell lying betwixt Mayd lode and London lode will be of great advantage to many of her Majesties subjects for besides the improvement of the whole grounds imbanked which are esteemed 4000 Acres at the least from id. the Acre to 3s. 4d. or more there ariseth an improvement of a great number of Acres in Denver and likewise the defence of the Banks of Plawfield and Churchfield in Welle which were heretofore much oppressed with water as also of the new Podike against the fresh waters 2. That this Bankâ— called Turkes banke was erected about two years since but there was long before and yet is an antient Bank or Causey neer the said new Bank called Turks banke and on the West side thereof towards the Isle of Ely which Bank was originally made for defence of the waters coming out of the said Isle from overflowing the grounds now imbanked and other adjoyning grounds and for a way and passage for footmen between Welle and Welneye 3. That there hath been of antient time anoâ—her old Bank or Crest called the Common drove on the West part of the said old Bank towards the said Isle adjoyning unto the River of Wellenhe being the division between the said Isle of Ely and Norff. Which said Bank was made for keeping those waters of the said Isle in their antient and right course 4. That it appeareth by certain Court Rolls and Records that divers persons have been amerced and fined in the time of K. Edw. 1. and since for cutting of the said Bank whereby the said River of Welneye was turned out of his right course and whereby the grounds on Norff. side confining upon the said River of Wellnye part whereof is now inned were surrounded 5. That after the Drayns called Mayd lode and Ship lode are perfected as by a Law of Sewers is provided the Inhabitants of the said Isle and other the Countries confining shall receive much more benefit and be better drayned than before the inning of the said grounds and erection of the said Turks banke they have been The Presentment of the Iury for the Isle of Ely made 25º Sept. 41º Eliz. 1. That the Bank called Turks banke containing in compasse about xv miles will be a great hinderance to the fall of many waters flowing towards the Sea through the Isle of Ely it being planted between the two most natural Drayns on that side the Isle at the meeting of many waters flowing out of Neene Ouse and other streams falling by Dodington and March c. and so turneth them unto the other side of the said Isle towards Litleport and the Countries thereabouts where falling into the Ouse they stop the waters naturally flowing into those quarters from that ordinary Drayn
of the Marshes just to the mouth of them which in every Spring-tide affoard store of water to grinde down the Chanel whereof that on the North side is the more principal for the conducting whereof to the place of best advantage the Leame is embanked on that side â—y some certain space that the tide on the Marsh cannot fall into it but by that Finne at the very head and there by his plentifull descent scoureth to good purpose that which otherwise in Summer would be silted up such penury there is of fresh waters in the Country at that time In 19 Iac. there was a Decree made at Outwell by the Commissioners of Sewers then fitting there for levying the forfaitures and penalties imposed by the Jurors for the Hundred and half of Clakclose upon the Landholders of Churchfield and Plawfield â—or not making sufficient Sluses viz. one at the South end of the Pipe under Welle River the other in Plawfield Drayn in the xxx Acres of Iohn Fyncham Esquire And in 8 Caroli there having been an Agreement made with Henry Dereham of London Esquire for the drayning of certain Fens and surrounded grounds lying in the Parishes of Tyd S. Maries in the County of Lincolne Tyd S. Giles and Newton in this County of Cambridge made by the proprietaries and owners of the said Fens containing by estimation three thousand Acres by which Agreement the said Henry was to make his Draynes unto the outfall neer Eatts mere into the Sea so that the said grounds should be kept dry at least one foot under the soil and for his charges therein that a Tax of xls. the Acre should be imposed and in default of payment thereof that the said Henry should have two fift parts of the said grounds upon an equal division thereof into five parts to be established to him and his heirs for ever and a moity of the said two fift parts to be set out to the said Henry and his heirs for the maintaining of the said works after they should be perfected the said Agreement was fully ratified by a Decree made at Wisebeche upon the 20th of September the same year in a Session of Sewers then and there held CHAP. XLIX HOlding on my course more Westwards I come to that part of this County which is called the Isle of Ely the bounds whereof I shall next take notice and then of what else is most memorable touching the Fens which do belong thereto The circuit of this Isle saith the Register of Ramsey beginneth at Erith brigge and from thence extends to Sutton grove so to Mepehale thence to Wichhome brigg thence to Ely Dounhom thence to Litisport thence to the Town of Ely thence to Haveringmere thence to Stratam lode thence to Anglongwesche on the South side of the Isle thence to Aldirhethe brigge and so to Erith brigge The entrances into it are these the first at Litisport the second at Stuntmere brigge the third at Alderhethe brigge and the fourth at Erith brigge Moreover it is to be noted that the Commons in the Fens of this Isle are divided from those of Chateriz at Snarissode whence the Commons of Chateriz go on to Mepehale hee and so to Andelong bihee Howbeit the Commons of Chateriz fen to mow cut and dig beginneth at Dryebyresfen and so goeth on betwixt Arnyatesmere and thence to Blakwell and from Blakwell to By Ee and from thence compassing Hunn Eye unto Langereche thence to the River of Dodyngton then to Bilâ—ynge thence to Algaris-fen and so over the fen to Achinwerdore But the pasture belonging to Chateriz goeth first to Dounham thence to UUycheham thence to Sutton and so to Dodyngtone and Marche within which Precincts the Monks of Ramsey had enter Commom with Chateriz Belonging likewise to Chateriz are these Meadows scil Crow lode beginning neer Suth fen muthe and extending to Hol lode which Meadow is compassed with waters on every side And on the other side the water from Park hale to Fenton is UUelagh beside one piece which the Abbess hath The demesne Fen of Crow lode belonging to the Abbot of Ramsey's Mannour in Chateriz beginneth at Wolvey were which standeth in the great River neer to the place where Fenton lode descendeth thereinto hard by Horshithe and so goeth on in length by the said great River Southwards unto Croslode â— which Crosâ—lode is by some called Parkhale lode but by others the Draught and farther extends it self thwarting the Fen to the West by the Southside of the said Fen called Crow lode unto Wolvey lode which by some is called Fenton lode and thence to Wolvey welagh which standeth neer the said River on the North part of Wolvey lode and opposite to Wolvey were aforesaid within which precinct the Abbess of Chateriz holdeth one part of a Meadow which Hugh Folyot somtime Abbot of Ramesey gave unto her It is also to be noted that the Soke of Somersham ought to Common aswell in grazing as mowing in that Fen which extendeth from Erith brigge unto Parkhale lode by the River and thence to Fenton welugh to graze and mow and for Housebote and firebote and from Fenton welughe they ought to Common in grazingâ— unto Weremere and from Weremere likewise to Thornbrigge And it is likewise to be noted that within those Precincts Sir Will. le Moigne hath one Field which is gained land and a grove of Alders with two meres at Roweye The bounds of Higgen Eye fen recovered by Simon Abbot of Ramsey were these viz. from Calverwodeyate and so directly to Munke lade thence to Hokeslade descending towards Glatton and so by Hokeslade unto Byrchmere poolys thence to Walton elde lode directly to Byrch holt and thence to the dry land of Higgen Eye at the corner of Byrch holt and there by the dry land to North welne and thence unto Calverwodeyate which Fen containeth a thousand Acres Within the precincts of the waters belonging unto this Isle of Ely there is a little Island called Ehâ—eneie wherein the Monks of Ely had a Cell which by reason of those obstructions that hindred the fresh waters in their passage through this great Levell from evacuating themselves as I have before observed became by the swelling of those waters almost drowned upon a great complaint therefore made by the said Monkes unto Alberic Picot he gave them four Acres and an half of ground in the Isle of Denney which lay without the reach of the Fen to the end that they might translate their House thither and make Orchards and Gardens there for their use The next thing of note in reference to this Isle wherewith I have met is the repair of the Causey leading thereto in 5 H 3. the King then giving unto Peter de Valentiniis a Monk of Ely four Oakes to be taken out of his Forest of Wauberge in Huntendonshire for that purpose the Record terming it Calcetum de Ely which makes me think that it was
the first Presentment or Judgement to charge every man in particular according to the quantity of his land 3. that they had not power to commit to prison persons refractory to their Orders and lastly that actions of trespass false imprisonment and other processe at the Common Law have bâ—en brought against some of their Officers for executing their Decrees and Warrants their Lordships finding in their Wisdomes that it could neither stand with Law nor common Reason that in cases of such great consequence the Law can be so void of providence as to restrain the Commissioners of Sewers for making of new works to withstand the fury of the waters aswell as to repair the old where necessity doth require it for the safety of the Country or to lay a charge upon the Towns or Hundreds in general that are interessed in the benefit or loss without attending a particular Survey and admeasurement of Acres when the service is to have speedy and suddain Execution or that a Commission that is of so high a Nature and of so great use to the Common wealth and evident necessity and of so antient jurisdiction both before the Statute and since should want means of coercion for obedience to their Orders and Decreesâ— whereas upon the performance of them the preservation of many thousands of his Majestiâ—s Subjects lives goods and lands did depend and it plainly appearing that there would be a direct frustrating and overthrow of the authority of the said Commission if the Commissioners their Officers and Ministers should be subjâ—ct to every sute at the pleasure of the Delinquent in his Majesties Courts of the Common Law and so to weary and discourage all men from doing their duties in that behalf for the reasons aforesaid and the supreme reason above all viz. the salvation of the King and people did order that the persons formerly committed by that Board for theâ—r contempt concerning that cause should stand committed untill they did release or sufficiently discharge such actions sutes and demands as they did bring at the Common Law against the said Commissioners of Sewers or any their Officers c. The opinion of Sir Henry Hobart Knight Attorney general to King James touching the making of new Drayns the Case of the new Drayns made in the Isle of Ely and the Taxation set for the same being thus 1 THat the grounds now sought by these new Sewers to be won and drained are such as naturally and antiently were dry grounds and not continually overflown so as they were truly land and not water and are still to this day dry half the year and sometimes in good years longer 2. Nextly that there have been alwayes notorious and common Drayns maintained at publick charge for the conveying away of the waters in times of downfall or other overflows 3. Thirdly that the said antient Drayns cannot now possibly were they never so well maintained drayn the Country because their conveyance whilst they were in use was into the Sea running out at Wisbeche from whence the Sea is now departed so that there is no way now to carry these waters to the Sea but by Lynne Haven to which therefore these works are made to carry them ¶ The case I say standing thus in all these parts I am of opinion that the Law of Sewers lately made for these new works is warranted by the Commission of Sewers and that a Tax may be set aswell for the making and maintaining of it according to the meaning of the Statutes and Commission as it might have been for the old if they had remained still in use And therefore I am of mind plainly that though it may seâ—m still within the power of the Commission by the Letter of it to maintain the old Sewers yet the Commissioners cannot now enforce the mâ—intenance of them when they are no longer indeed Sewers nor benefit nor damage can arise by them for Sewers are made and maintained for the land and not the land for the Sewers On the contrary when they fail reason teacheth and necessity enforceth some other remedy be found in supply of it And the words of the Commission have it plainly that gives power in one Clause to make necessary and behooffull Laws for the safeguard and preservation of the lands lying to the premisses which premisses being restrained as much as may be to the Sewers yet the lands lying to them must be understood the landâ— about them or for which they were wont to serve So that the safeguard and preservation of the lands is the principal end of the Commission which being not to be preserved by the old Sewers are by this Clause to be preserved at largeâ— that is as best may be and by the Judgment of the Commissioners shall be found necessary and behoofull which words and meaning are satisfied in this case Henry Hubbert Nor do we want examples of greater antiquity for such new Cuts and Drayns the names of divers which to this day continue manifesting the same as 1. New-ditch alias Lents hirne in Wisebeche 2. Newdike in Buriall field in Welle 3. Newdike in Witlesey a very fair Sewer Newdraine there also xx foot wide 4. Newdrayne from Croyland to Spalding 5. Newdike alias Sandy dyke there also 6. Newdike in Neatmore in Upwell 7. New-leame there fifty foot wide 8. and New-leame in Chateriz and March Nay it is very evident that even the great Rivers themselves have for the like respects been diverted from their antient and natural Chanels For 1. The River of Ouse its outfall by Wisbeche decaying was not only cut straight but by a new River made from Littleport Chaire to Rebbech was let fall into Ouse parva or Brandon water and thence by Salters lode to Lynne Haven its former course from Littleport being by Wellenhee to Welle and so to the North Seas at Wisbeche 2. The West-water a part of Ouse magna having its course from Erith bridge to Chateriz ferry and thence to Benwick and so to March was for the crookednesse of the way conveyed by a new passage called the Leame through Chateriz Dodington and March and thence by Elme Leame to Wisbeche a course of xvi miles and so continueth all this way 3. Moreton the worthy Bishop of Ely in the time of K. H. 7. to avoid the many and crooked passages in the River of Nene between Peterburgh and the Sea by the way drowning many thousands of Acres out of the whole ground made a new River now called Morton's Leame or the New Leame xl foot wide and 4 foot or more deep viz. from Stanground steafe to Guyhirne being a course of xii miles long at the least and continuing the same through Wisbeche â— for the more speedy delivery of the waters attempted to cut through the Sea-dike to Wisbeche at Bevys-Crosse and again at Eastfields end nigh the Horshooe in Leverington which Banks were in lesse than xxx years before ordained by Commission to be maintained id
Beryall and Westmore fens to Wellenhey River and thence through certain Fenns of Norfolk into the Ouse about Mayd lode would be most necessary and that without so doing the Fenns could never be drayned Thence we went to Rebbech where Brandon River alias Ouse parva falleth into Ouse neer Preist houses Thence to Sotherey and Modney Thence to Helgay bridge Thence to Fordham Thence to Salters lode where Nene falleth into Ouse which is a very great descent viz. ten foot from the soil of the Fenns to the low water mark besides the natural descent of the Fen-grounds from the Uplands of Huntingdon-shire thither Thence to Wisbeche Thence to Tower house and so to Hobbs house where we observed that Plantwater which cometh out of Nene at great Crosse to the said Hobbs house with Staven Ea which were wont to run to Tower house and so to Wisbeche do now run from Hobbs house by Hunster stones through Hobbs dike into March River Thence we went to Marche and Dodington and between Dodington and Chateriz there is a small lode Besselinges lode which runneth through a low Marish Fenn Thence to Chateriz Towns end where there is a Sewer called Chateriz leame growing from the West-water at Chateriz Ferry unto Dodington weeles Thence to Mephall and there saw Mephall lode which runneth from Sutton lode Thence by water to Cambridge In which passage we took notice that Harrymere gravell was a great means of the overflowing of Grant As also of Burwell lode Swaffham lode and Botesham lode all which do fall into Grant Upon this view Mr. Hunt who was the Artist for the Drayning represented to the said Commissioners what Cuts Banks Sluses Clows c. would be in his judgment farther necessary in order to the perfecting this work all which they signified under their hands to the Lords of the Council together with their opinions how much it would tend to the honor and inriching of the Kingdome but declined in regard of shortness of time to give any estimate of the charge thereof or upon what conditions it would be meet to take it in hand And upon the xxiiiith day of the same Month the King himself by his Letters bearing date at Grenewich taking notice of theirs to the Lords of his Councill as aforesaid incited them to fall in hand speedily with the work and the rather because that was a dry Summer and so the more proper for it intimating also that for the better expediting thereof he had imployed his Chief Justice Popham to take pains therein Whereupon such good speed was made that upon the xiiith of the next Month this following certificate was delivered in to the said Commissioners then sitting at Wisebeche The true content or number of Acres in the Fenns described in the general Plot lying without the Fen-dikes as it was delivered by William Hayward Gent. Surveyor upon his Oath at Wisbeche 13 Iuly 1605. Acres BUrrough-soke great Fen with some severals by Catts-water 8015 Burrough little Fen. 900 Croyland Fenns in three pieces 2000 Certain several Fens and wet Meadows lying in Ely between Borrough Little fen Borrough great Fen and Catts water 763 Thorney grounds containing in all 15850 whereof in hard land 400 Acres in Fenn 15450 UUisbeche Hundred high Fen with Sutton Fen and Throkenholt severals 8365 Ladwers Ixwell-moore the Rivers c. and other severals betwen Coldham bank Bishop's dike the division of March UUelney-River and Darcey-lode 0740 UUittlesey and Stanground Common Fenns with divers severals and half severals between the old Ea and Thorney bounds the division of UUisbeche high Fenns and Dodington fenns and from that division by the High stream and Ramsey-mere to Knuts delph and by that Delph up to Horsey brigg in which bound Ramsey hath a part of a Fen next to Ramsey mere containing 2800 Acres 24435 Other Fens between the said Delph the high stream Ubmere UUittlesey mere and so by Conquest lode to Pocket-holme and the high Land 7390 Certain Fens in Huntingdonshire between the high land skirts and Ramsey-Hards and Mere and the said high stream and Conquest lode 13455 Other Fenns of Huntindonshire lying between Ramsey Mere the high stream to Benwick the West-water to Erith brigge and the skirts of the high land between the said Bridg and Ramsey Hards 13340 The Fenns of Dodington cum membris Common and several 32000 Hony Fens in all 370. viz. Hard land 90. Fen 280 Chateryz Fens together with certain Fens of Sutton and Byall fen with some severals lying between the bounds of Dodington and Hony the West-water Sutton lode and Oxwillow lode 20700 Sutton Fens on the South of Sutton lode between the West-water Haddenham fens and the Hardes of Haddenham Sutton and Mephall 2910 Haddenham fens between the former Fens the River of Ouse Wilberton fens and Haddenham hards 3870 Willingham fens on the South of the Ouse on the West of Aldrey-Causey besides Hempsall on the East thereof 2920 Wilberton Fens with part of other Fens between the Ouse and Hard land to Ely bridge 2790 Grunty-fen encompasseth with the high lands 1694 A Fen more North between Sutton lode by Coveney and the hard land of divers Towns compassing it 3780 Downham Wodfen and other Fens between the Fens of Litle port the Ouse and Ely hard-lands to the Town 2440 The Fens of Littleport on both sides of the Ouse Common and several 12660 Westmore South of Darcey-lode and West of Welney River together with divers severals 15360 Certain Fen grounds Common and several between Welney River and the Causey dike in Upwell 1105 Certain Fens Common and several between Welney River Maid lode the Ouse and Litleport grounds 8600 Part of Wisbeche high Fen lying in Waltersey with divers severals 4320 Marshland-fen and many other grounds between Maid lode and Spalding River the Fen banks and Sea banks which will be made dry by the general drayning 4220 The Fens between Helgay brigg and Stoke brigg by the River on the South-east the high lands of Stoke Wretton Wereham Dâ—reham and Wroxham on the North and the grounds of Edmund Skipwith Gent. on the West 2900 The Fens between the high grounds of Hocwold Wilton Feltwell Methwold and Northwold high lands on the East Soke River on the North the imbanked grounds of Helgay Modney Sotâ—erey and in part the River of Ouse on the West and Brandon River from Preist houses to Brandon brigg 23290 The Fens between Brandon River on the North the River of Ouse in part and Whelpmore and Burt fen on the West Mildenhall high land and River on the South and the high lands from Mildenhall to Brandon 22120 Between Mildenhall River on the North east Ouse from Prickwillow to Ely brigg on the North West Stuntney and Soham Causey the high ground of Stuntney Noruey Soham Isleham and Worlington on the South and East contain 11780 Between the said Causey and the high lands of Stuntney on the North Ouse and Grant from Ely brigg by
in from them Whereupon the business being heard at large there ensued this following Order upon the ixth of April the King himself being present and likewise the Commissioners viz. That the Undertakers should on Tuesday following exhibit in writing what it was that they promised to effect and to specifie what they would demand as a recompence for their labours c. Which accordingly was done the Propositions of the Undertakers delivered in unto the Commissioners being as followeth viz. 1. That they did intent really to perfom the work of drayning of the Fens without any tax upon the Country excepting the deep Meers and Pools c. which were under the Levell 2. That when the work should be done they would assure competent Land for ever to stand lyable for ever to maintain and repair the same 3. To effect this Drayning within 3 years after a perfect Contract made with his Majesty for such lands as should be a competent recompence for their costs and pains and the same Land set out by Metes and bounds in severalty and sufficiently assured to them their Heirs and Assigns for ever c. 4. That in order to this work they would open the out-falls of Nene and UUeland and make those Rivers navigable as high as Wisbeche and Spalding 5. And lastly not to forget to preserve the Navigation between Cambridg and Lynne In recompense whereof they demanded these proportions in the several Fens hereafter expressed viz. 1. Of Buâ—rough great Fen one third part 2. Burrough little Fen Eye-Fen and Flag Fen. a sixth part 3. Crowland Fen 3 pieces a fourth part 4. Thorney fenns a half part 5. Wisbeche high Fen Sutton and Throcknall a third part 6. Fens on both sides of March River between Darcey lode on the South and Needham fen North 2 third parts 7. Wittlesey fens 1 half part 8. Stanground 1 fift part 9. Ramsey fens 1 half part 10. Huntingdon Fenns on the West of Ramsey by the River of Nene on the North up to Yaxley and the skirts on the South and VVest one half part 11. Huntingdon Fens from Eryth bridge up to Ramsey by the West-water and the River of Nene East and North one third part 12. Donington Fens in Common one half part 13. Donington Fens in several one sixt part 14. Fens between the West-water VVest Sutton lode in the Isle of Ely and Coveney drain South Oxwillow lode East Coxlode and Chateriz lode North together with Chateriz Fens on the other side to Donington one third part 15. Hunney fen one tenth part 16. Sutton and Hadenham fens one eighth part 17. Grunty fen one third part 18. A Fen by Sutton lode and Coveney between Dounham Hards one fourth part 19. Downham Wode fen and other Fens of Ely between Litleport grounds and the Ouse Elie-uplands and Scarlet tree lode one half part 20. Litleport Fens on both sides the Ouse one third part 21. Other Fens between Darcy lode North Welney river East one third part 22. Fens in Upwell and Outwell one half part 23. Fens between Welney-river and Welney Causey one half part 24. The Hale and Mr. Hawe's fen one half part 25. Fens on the North of Stoke River to the great River between Helgay and Stoke one fourth part 26. Fens between Stoke River North and Brandon River South one fourth part 27. Fens between Brandon River North and Mildnall River South and Litleport Fens West one third part 28. Fens between Mildnall River and the great River up to Harrymere and the Uplands of Isseham Fordham and Soham one fourth part 29. Soham Fens by Wicking hards on the South one sixt part 30. Fens between Wicking hards on the South Homyng fen Quye and the River of Grant West one fourth part 31. Fens on the South of Quoy compassing of Fulberne field one fourth part 32. Fens between the River of Grant East and the Hards of Milterne UUaterbeche and Denny Abby West and so extending West between the River of Ouse on the North and the hard land South up to S. Ives bridge and a part on the other side of Ouse between Erith and S. Ives one eighth part of the better one fourth part of the worse 33. Fens or drowned Lands on the North side of Wisbeche 2 third parts The Answer of the Commissioners to these Propositions That they had no power to take away any mans land without his voluntary assent And that the authority which they had by their Commission to which they were strictly bound was only to rate the charge of every particular man towards any such general work according to the profit which every such person should receive by the same And forasmuch as 't was impossible to be discerned before the work were finished who should have profit thereby or how much they could not legally procure any such assurance before hand But if the Vndertakers would be constant to their Propositions which themselves had before that time at divers Sesions of Sewers published viz. that they required no other recompence for their intended work than a moity only of the cleer profit which by their sole industry and charge they should bring unto each particular owner of these surrounded grounds more than formerly was received they should be ready as at the first to give the said Vndertakers all lawfull furtherance and assistance Provided that before they begun their work they gave security that they would not impair the Navigation in the Rivers of Ouse and Grant Vpon which terms if the Vndertakers did refuse to proceed the said Commissioners offered to do the work themselves according to the antient course and legal power of their Commission VVhereupon ensued this Order of the Lords of the Council by reference from the King made upon this Answer of the Commissioners bearing date at White Hall 12 Iulii An. 1620. 18 Iac. 1. That according to an offer then made on the part of the Country good security should be given to the Undertakers for a moity of the cleer profits which by the drayning should be improved upon every man's ground above the rate that then the same was valued at and that the security should be partly from the Owners and partly in case of Common by aid of the Commissioners with this Condition that the lands and parts of each County should be rated by the Commissioners of the said County 2. Concerning Prejudice of Navigation in the Rivers of Ouse and Grant it was ordered that the Undertakers being agreed with for their security in form aforesaid they should shew unto the Country the means they intended in the drayning of these Levells And therefore if the Countrey should find it either prejudicial to Mershland or otherwise and present their Reasons to the Board their Lordships concurring therewith all farther proceedings to be stayed 3. That consideration should be had that particulars receive no damage by this drayning but that the Owners have satisfaction out of those that were to receive
opinions all concluding it fesible but differing much in the way to accomplish the same To give instance of the various conceipts of such whom his said Majesty imployed to inform him therein it will be needless howbeit of those that exhibited by the said Sir Cornelius Vermuden a person of greater experience in Drayning than most others were was not the least considerable and therefore it being published in Print I shall refer my Reader thereto But such speed there was made in the farther prosecution of this great and noble adventure that at a general Session of Sewers held at Huntendon on the xviijth day of Iuly then next ensuing the said King himself was declared the Undertaker and to have not only those ninety five thousand Acres which had been formerly set out for the said Earl but also fifty seven thousand Acres more from the Country his design being as by the Decree then made at Huntendon appeareth to make the said Fens as well Winter-grounds as Summer-grounds as hath before been expressed viz. out of Deping Pinchbeck Spalding South fen and Croyland fen alias Gogsland fen twelve thousand Acres And out of the rest of the lands out of which the ninety five thousand Acres had been formerly assigned to and for the said Earl of Bedford and his participants First the number of twelve thousand Acres parcell of the said ninety five thousand which twelve thousand were then in the possession of his said Majesty his Fermours or under-tenants And the quantity of one hundred and fourty thousand Acres more whereof eighty three thousand residue of the said ninety five thousand to be taken in part and fifty seaven thousand in full of the said hundred and fourty thousand Acres to be indifferently taken and set out of the residue of the said Fens where or out of which the said ninety five thousand Acres were so decreed or assigned to the said Earl of Bedford viz. out of such of the said Fens as do lye on the North-West side of the said new River called Bedford River 29 thousand Acres in part of the said 57 thousand Acres And out of those on the South-East side of the said new River 28 thousand Acres in full for the said 57 thousand Acres And for the drayning of the said Common and several low grounds lying in Holand Com. Linc. within the River Weland Porson banke the South Ea banke the Shire drayne and the several high Marshes and grounds of the Towns or Parishes of Tyd S. Maries Sutton Lutton Gedney Flete Holbeche Quaplode Moulton Weston and Spalding 19 thousand eight hundred 33 Acres And for drayning the Common and several Fen-grounds lying between the South Ea banke Wisbeche River the old Sea-bank and the Shire drayne in Wisbeche Leverington Newton S. Giles Tyd S. Maries and Porson drove the quantity of 4000. Acres And for Drayning the Common Fen-grounds of the Towns of Marshland called Marshland fen containing by estimation 4000 Acres the quantity of two third parts divided into three And for drayning the Marsh lands lying open to the Sea in or neer Walton Walsoken and Walpole in com Norff. between the old Sea bank of Marshland and the old course of Wisbeche River containing by estimation 3000 Acres and of the Marsh lands and Marsh grounds lying in or neer Wisbeche Leverington Neuton and Tid S. Giles in com Cantab. and the course of Wisbeche River and the Shire Drayne there together with one piece thereof lately imbanked next the said Shire Drayne containing by estimation 1000 Acres and of the Marshes c. lying in or neer Tid S. Maries Sutton in Holand Lutton Gedney Flete Holbeche Quaplode Moulton and Weston in com Linc. between the Marsh-grounds there formerly imbanked and the Sea extending along the Sea coast there containing by estimation 5000 Acres the quantity of two full third parts And for Drayning of Stretham meere and the Meer-grounds thereof containing by estimation 300 Acres the one half thereof or of so much thereof as shall be drayned And for the drayning of the rest of the Meers Meer-grounds Lakes and Pools the quantity of 3 fourth parts of them or so much of them as shall be drayned divided equally into four parts And that though the said Earl of Bedford had not performed his undertaking he should in recompence of his great charge in those Rivers Cuts and Drayns by him and his Participants made have 40 thousand Acres to be assigned him out of the before-mentioned 83 thousand Acres residue of the said proportion of 95 thousand Acres assigned to the said Earl as aforesaid About three dayes following for it was upon the xxith of the same Month of Iuly the said Commissioners still fitting at Huntendon dispatcht away Letters of that date to the Lords of the Council concerning their transactions then in hand the tenor whereof were as followeth Touching the Great Levell we have received many and several complaints from divers Townships therein that their lands are taken from them and they have received no benefit by the Drayning upon hearring whereof and of the proofes by them made and declaration of divers Commissioners in Court we find many of them true and according to his Majesties Instructions to some of us his Commissioners we have made an Order to permit them to take the profits of their lands and Common of pasture untill the Drayning be adjudged so as they shall not pull down or deface any Mounds Fences or Drayning without due proof made and a special Order of the Court in that behalf wherein the Country have received and expressed a great deal of contentment and satisfaction We have also two several dayes heard Mr. Holborne and Mr. St. John being of Councel with the Earl of Bedford and his participants in the great Level and they have taken divers exceptions and argued at large against the Laws of Tax and proceedings upon this Commission and their main Objections tended to destroy not only these Taxes Decrees and proceedings of this kind And the same reasons if admitted would plainly overthrow all the Presentments Taxes Decrees and Proceedings for the Earl of Bedford and his participants We are now taking into consideration the force and weight of what hath been alleged and shall therein give a just and speedy resolution and with all care and diligence proceed to the further execution of this Commission and setling of this great work I have not seen any direct Answer made by the said Lords unto this Letter but on the xxiijth of the same Month there was a Letter dated at Theobalds the Court being then there from William Lord Bishop of London and sent to the said Commissioners in answer to a Letter of theirs to him dated the xxith the tenor whereof for so much as relates to this great Level I have here likewise inserted And because his Majesty intends to see this great work of the Level prosecuted according to his first Princely design being for the Countries good and his
Westm. inchoato 8º Maii. An Act for Confirmation of certain Decrees of Sewers made by the Commissioners for the limits of the Levell of the River of Ancholme in the County of Lincolne WHereas Sir John Monson in the eleaventh year of our late King of Blessed memory Charles the first upon the request of the Commissioners of Sewers for the parts of Lindsey in the County of Lincolne And to do service for his Country did undertake the dreyning and improvement of the Fenns and Low grounds lying in those parts upon the River of Ancholme extending from Humber to Bishop-Brigge which were found and adjudged to be hurtfully surrounded both by the view of the Commissioners of Sewers and divers verdicts of Iuries impannelled of the ablest Inhabitants after several views taken And that the dreyning of those Fenns were ever heretofore much desired by the parties intressed therein and for that the designe of dreyning of the same was by the opinion of the said Commissioners held to be a work not only Honourable but Profitable for the Country therefore the said Sir John Monson according to the power and direction of divers Acts and Decrees of Sewers in that behalf ordeined undertook the dreyning of the said Fenns and low grounds and to make them fit for Arable Meadow or Pasture yet so as he admitted as many of the Lords and Owners as would adventure with him for their own upon the same terms he did and did at his own and his Participants great expences dreyn all those grounds Common and several Fenns within the parts aforesaid between Humber and Bishopp-Brigge conteining by estimation above twenty thousand acres in one intire Level or work of dreyning for the doing whereof the Commissioners of Sewers have by divers Acts or Decrees of Sewers Ordeined adjudged decreed and set out unto the said Sir John Monson five thousand eight hundred twenty seven Acres of the said grounds Commons and Fenns by certain meets and bounds whereby the same are distinguished and known from the rest of the Commons there which Decrees Schedules and Laws of Sewers upon the humble Petition of the Commissioners to his late Majesty had His Majesties Royal assent and were inrolled in the high Court of Chancery according to the Statute in that Case provided and were exemplified under the great Seal of England by vertue whereof the said five thousand eight hundred twenty and seven Acres were held and injoyed by the said Sir John Monson his Participants and Assignes untill the beginning of the late troubles the undertaking being performed and so adjudged upon the view of the Commissioners of Sewers May it please your Most Excellent Majesty that it may be Enacted And be it therefore Enacted by the Kings Most Excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by authority of the same That the said Sir John Monson his Participants and Adventurers aforesaid and his and their and every of their Heirs and Assignes shall have hold possess and enjoy the said five thousand eight hundred twenty and seven Acres so set out by several Decrees of Sewers by meets and bounds therein particularly mentioned and expressed whereunto his Majesties Royal assent was had and by privy Seal certified into his Majesties high Court of Chancery and there inrolled and remaining of Record according to the several divisions and allotments since severally and respectively made between the said Sir John Monson and his Participants and Adventurers their and every of their Heirs and Assignes freed and discharged of and from all title and Interest of the former owners and Commoners whatsoever Provided all wayes and be it Enacted by the Authority aforesaid That if it shall fall out at anytime hereafter that the said Fenns and low grounds lying upon the River of Ancholme between Humber and Bishopp-Brigge for which the said Sir John Monson his Participants and Adventurers their Heirs and assignes have their said Recompence of five thousand eight hundred twenty and seven Acres set out for the dreyning of the same shall again be hurtfully surrounded in default of the said Sir John Monson his Participants and Adventurers their Heirs or Assignes and shall so continue at any time for the space of six Months together except such Lakes Draines Sewers and Portions of the said parts as were excepted upon the Contract not exceeding two hundred Acres so that the same shall be found and adjudged defective in default of the said Sir John Monson his Participants and Adventurers their Heirs or Assignes by six of the said Commissioners for the time being whereof three to be of the Quorum And that the said view and Iudgment be certified upon record into the high Court of Chancery then it shall and may be Lawfull to and for the Lords Proprietors and Owners and Commoners of and in the said Fenns and grounds and their Heirs and Assignes and for every or any of them to enter into two thousand Acres of the said five thousand eight hundred twenty and seven Acres to be set out and portioned by the said Commissioners so that the said Commissioners do set forth and allot a rateable proportion of the said two thousand Acres out of every of the said Lordships and to have hold and enjoy the same and their several Commons therein in as large and ample manner as they do and shall in the other parts left to them untill the said parts allotted and left to the said Lords Owners and Commoners be by the said Sir John Monson his Participants and Adventurers their Heirs and Assigns or some of them sufficiently drayned and again recovered at his and their own proper cost and charges as is aforesaid And that after that same shall be sufficiently recovered and drained the said Sir John Monson his Participants and Adventurers their Heirs and Assigns shall have and enjoy the said two thousand Acres as aforesaid and so in like manner from time to time to gain and lose their said Pasture and Common in the said two thousand Acres upon such and the like Certificates and recovery had and made as is aforesaid for ever Provided also that if the Lords or Owners of the Lands and Grounds within any the limits or bounds aforesaid allotted to the said Sir John Monson shall desire their Lands again be it further Enacted that if they pay to the said Sir John Monson or his Assign◠the principal money by him disbursed in draining the said Level with reasonable damages for the same at or before the first day of May which shall be in year of our Lord One thousand six hundred sixty three or if any difference shall arise or happen between the said Sir John Monson and any of the said Lords or Owners touching the said principal monies disbursed as aforesaid or damages for the same which the said Sir John Monson shall demand then such summ and summs of mony for the said Principal
also informed that the Tenants of the other lands were not able to undergo those repairs by reason of the great expence which would be requisite thereto Taking care therefore of his own indempnity and the preservation of those Marshes he directed his Precept to Thomas Alard Guardian of his lands of that Marsh commanding him that he should for the present occasion cause an equal contribution to be made out of those his lands according to a just and proportionable Tax with the said other Land holders lest for want thereof a greater losse might afterwards happen for which he the said Thomas was to receive allowance out of the Exchequer But after this the very next ensuing year upon an Inquisition taken by Rob. de Septem Vannis Will. de Hastyngs and Robert Paulyn whom the King had assigned to take view of the Banks and Ditches in this County and to cause them to be repaired which was returned into the Chancery it was found that the said Marsh of Winchelse could not be defended and preserved by the old wall situate towards the East and that if it ought to be defended it would be necessary to have a certain new Bank there of the length of CCCL Perches and that the said new Bank could not be made by those who according to the antient composition before-mentioned had wont to repair that old bank forasmuch as they who were in that sort lyable to the repair of the said old bank were not able in regard of the diminution of their lands to bear the whole chardge thereof themselves He therefore directed another Precept unto the said Thomas Alard requiring him to take care that such contribution should be made thereto out of his own lands and the lands of others as is above exprest And hereupon the said King issued out a Commission to the said Robert William and Robert to see that the contribution which the said King's Bayliff was to make therein should be well and also faithfully assessed A multitude of other Commissions were afterwards granted to sundry persons for to take care of the banks in the other Marshes of this County viz. in 1 E. 2. to Iohn Malemeyns Lucas atte Gate and Robert Paulyn fâ—â— those in Pevenese marsh In 2 E. 2. to Will. de Echingham Henry de Wardeden and Iohn Fylol for those in the Marshes of Wylting And the same year to Robert de Clyderhoâ— and Iohn Fillol for all the Marshes in this County In 3 E. 2. to the said William Henry and Iohn for those in the Marshes of Fothie and Wyltyng And the same year to Robert de Clyderhou Iohn Fyliol and Iohn de Brydeney for those in Pevensey marsh In 4 E. 2. to Robert de Passelâ—y Henry de Wardeden and Iohn Filliol for those Banks in the parts of Tillingham by which the Marshes of Tillingham and Est-Wytenham were wont to be defended both from the overflowing of the fresh and salt waters In 5 E. 2. to Henry de Wardeden and Iohn Fillol for those in the parts of Northie and Lullingtone In 7 E. 2. to Iohn Heringod Iohn Filol Will. de Sneylham for all those upon the Sea-coasts throughout this County And so also the same year to Andrew Peverell Will. de Northo Iohn Filiol and Will. de Snaytham In 8 E. 2. to Iohn Heryngaud Iohn Filiol and Iohn de la More for those in the Marsh of Filesham Boxle Wyltyng and Crawherst In 9 E. 2. to Edm. Passheleye Stephan Alard of Wynchelse and Mathew de Knolle for those in the parts of Tillingham before-mentioned In 10 E. 2. to Will. de Echyngham Andrew Peverell Iohn Filiol and Will. de Sneylham for all those upon the Sea-coasts throughout this County The like Commission had Will. de Echyngham Iohn de Ifeld William de Northo and William de Snaylham in the same year In 13 E. 2. to Henry Beaufiz Iohn de Bergham and Iohn Dalingrugge for those in the parts of Pevenesey and Hastings So also the same year to the said Henry Andrew Lutterell and Iohn Dalingrugge In the tenth year of Edward 2. the said King at the request of Robert de Sapy in consideration of his good and faithfull service granted by Charter unto the said Robert and Aliva his wife liberty to inclose as much of Pevenese marsh as was then overflowed and in the occupation of no man and to hold it of the said King and his heirs during their two lives for a pair of gilt Spurs to be paid into the said Kings Exchequer every year upon the Feast day of S. Iohn Baptist. But forasmuch as the said Robert and Aliva did take no benefit of that grant but delivered in their said Charter into the Chancery to be cancelled the King by his Precept dated at Westminster 13 August in the 15th year of his reign commanded the Barons of his said Exchequer to supersede their demand of the said Spurs In 16 E. 2. Edmund de Passele Will. de Northo and Will. de Robertsbrigge were appointed to view and take order for repair of the banks c. at Wortling and Pevenese and elswhere in this County In 18 E. 2. Giles de Briaunzon Iohn Filol Will. de Robertsbrigge and Iohn de Dalingrigge had the like appointment for those in the parts of Pevense and Hastings In 5 E. 3. Will. de Robertsbrigge Robert de Sharden and Thomas de Wyvill had the like for those in the Rape of Hastings So also in 6 E. 3. had Thomas de Faversham Richard de Grosherst and Robert de Bataille for those in North-mershe neer Rye and Spadelond mersh betwixt Wynchelse and Damse wall The like in 8 E. 3. had Thomas de Faversham Will. de Robertsbrigge and Gosceline de Gatele About two years afterwards the King directing his precept to Will. de Robertsbrigge Robert de Shardenne and Robert Bataille wherein he recited that whereas he had assigned them the said William Robert and Robert or any two of them to view the Banks and Water-gangs in the marsh called Northmershs neer Rye and in the marsh of Spadelond betwixt Wynchelse and Daunswall and in other Marshes adjoyning and to enquire by the Oaths aswell of Knights as others through whose neglect the defaults in those Marshes had hapned And that whereas by Inquisition taken by the said William Robert and Robert it was amongst other things found that there were Cxxviij acres of land in the said marsh which did belong to the King's Mannour of Ihamme and that the said King's Bondmen there held of him xxx acres of land called Spadelond in the said Marsh as also that the said King's lands and the lands of others could not be preserved except a contribution were made out of them for necessary chardges tending to such their safeguard And that they the said Commissioners had forborn to