the King discerning that all his endeavours were fruitless as to the conquering this Isle by war or power having lost so many men in his attempt to that purpose he at length by the Councel of William then Bishop of Hereford and others determined that all the goods and possessions belonging to that Abby which lay without the compass of the Isle should be seised on and divided amongst his Souldiers to the end that they might keep guards on the outsides thereof Of which the Monks having knowledge they forthwith consulted together their Abbot being returned who dissembling to go with those Earles fled with the ornaments and treasure of the Church to Angerhale and resolved not only to yield peaceably to the King in case he would restore unto them freely and honourably all the lands belonging to their Church but to give him a thousand marks and accordingly sent cunningly without the knowledge of the noble Hereward to make that tender to him the King being then at Warwick who acceptably entertaining it they gave admission to him and his Souldiers to come privately into the Isle when Hereward was gone out with his men to forage to the end that the busineâ—s might be done without resistance which being discovered to Hereward by one of the said Monks whose name was Alwyne the Son of Orgar he grew so enraged that he resolved to set fire on the Church and the Town but at the earnest intreaty and prayer of that Monk wishing him rather to have regard to his own safety as also telling him that the King with all his Army was then at Wyccheford within the distance of one furlong and desiring him that he would secure himself by flight in case he had no mind to make his peace he yielded to those his perswasions because he had often accompanied him in his military adventures and been faithfull to him and thereupon presently betook himself to those his Ships which he had to guard the Isle into a certain large and spacious Meer called Wide not far from Welle this being the seventh year of their so holding of the same Isle against the King and sailed thither in regard there were free passages out of it And there resolving to stay a while employed some of his Souldiers towards Saham to plunder and pillage the Country to whom he sent out Scouts to bring them back to him lest they should be taken Which Scouts finding them in a little Island called Stuntney thought them to be their Enemies and therefore two of them viz. Scarfulte and Broher got amongst the Reedes and with their Swords each shaved the others Crown expecting thereby to find the more favour being taken but at length discovering that they were all of a side they went away together and soon got to their Master who had not been long in the said Meer but that the Country people and the King's Souldiers so beset him that being forced to flee he kill'd his own Horse lest any mean fellow should boast that he had taken him and so getting away into Bruneswald and the great woods of Northamptonshire he very much wasted the Countrey thereabouts with sire and Sword And having thus left this Isle where the vastness and depth of the waters had yielded him such great and so long security for which respect I have made this digression I shall conclude with this Characterâ— which Ingulphus the then Venerable Abbot of Crouland gives of him Porro cum supramemorati Comites Edwinus Morkerus Rogerus Comes Herefordensis Radulfus Comes Southfolciae Waldevus Comes Northumbriae inclytâ— Regi Willielmo repugnarent Helienses paludes cum aliis multis magnatibus similiter exhaeredatis occupantes celiri nuncio Herwardus ad eos accersitus Dux belli Magister militum efficitur ubi tot bellica facinora fecit toties adversarios vicit tot vicibus illusit quod perpetuam laudem meruit quippe qui ruinas suae patriae pereuntis quamdiu potuit sustentavit inultos abire ad inferos non permisit Caeteri optimates se Regi dedentes ejus gratiam tentaverunt solus hic omnibus hoc recusans se subdere distulit ac aliâs divertitâ— id est Therefore when the before mentioned Earls Edwine and Morkere Roger Earl of Hereford Raphe Earl of Suffolk and Waltheof Earl of Northumberland not submitting to the King had together with divers other great men in like sort disherited possessed themselves of the Fenns at Ely they forthwith sent for Hereward and made him General of all their forces where he did so many warlike exploits so often beat his adversaries and so many times deluded them that he obtained lasting renown for the same forasmuch as he did so long as he could sustain the tottering ruines of his Country and was not cruel to his Enemies And when the rest of the Nobles rendred themselves in hope of the King's favour he only refusing would not submit but got away Yet afterwards he made his peace And having issue one only daughter called Turfride married to Hugh de Evermuè Lord of Deping in Lincolnshire with the Forest adjoyning entertaining the said Hugh upon a time at his House in Huntendon it hapned that through a quarrel which arose then betwixt them he was there wretchedly slain by his said Son in law And buried at Crouland CAP. XLI KIng William therefore being now possessed of this Isle which he found so troublesome and chardgable in the gaining thought it no small piece of policy to secure the same from the like danger for the future and therefore having afterwards some difference with Scotland compelled the Abbot to maintain no less than xl Souldiers for the defence thereof which being such persons or their substitutes as held of him by military service had their constant dyet in his Hall as also daily pay at the hands of the Celerer But afterwards it was not long erè that this Conventual Church of Ely became a Cathedral for in the time of King Henry the first Richard the theâ— Abbot not being well pleased to live under the Bishop of Lincolne to whose Dioces Cambridgshire within which this Isle is situate then belonged suggesting to the King that this would be a fit place for an Episcopal see and procuring the Popes consent thereunto obtained his desire therein hoping to have been the first Bishop of this new Dioces but though he was prevented thereof by death yet did not the King neglect to do what he was so sollicited unto and therefore bestowing upon the Bishop of Lincolne the Mannours of Spaldwick Bricklesworth and Bokeden in recompence of the losse which the said Bishop sustained by exempting of the said County of Cambridge from his jurisdiction compleated his purpose therein And to the intent that the revenues of this Bishoprick might afford him an honourable support they reduced the number of Monks which were Lxx. to xl whereupon Hervaeus Bishop of Bangor in Wales
heir of the said Hugh unto Richard de Rulos Chamberlain to King William the Conquerour And by his daughter and heir to Baldwin fitz Gilbert Which Baldwin leaving also issue one only daughter and heir wâ—dded to Hugh Wake the said Hugh became in her right Lord and owner of those places scil Bourne and Deping and was also principal Forester to the King H. 3. for his whole Forest of Kesteven Of what extent the Forest whereof I have already made mention to have been in these parts of this Province and possest by Leofrike Earl of Mercia was I am not able to say but it appears that King Henry the first for the pleasure of Hunting doing much hurt to the Common Wealth by enlarging of Forests as his Brother King William Rufus had done did afforest thâ—se Fenns between Keâ—teven and Holand viz. from the Bridge of East Deping now Market Deping to the Church of Swaiston on the one side from the bridge of Bicker and Wragmere stake on the otherside which metâ—s dividâ—d the North pâ—rts and the river of Weland the South excepting the Fen of Goggisland in regard it was a Sanctuary of holy Church as belonging to the Abby of Crouâ—and which Fen the Monkâ— of that House having licence from the said King did cloze for their own use making the Ditches about it bigger than ordinary for the avoyding of discord And being thus made Forest it continued so untill King Henry the third's time who in the xiiiith year of his reign granted unto all the Inhabitants within the same that it should thenceforth be deaâ—forested by thâ—se subsequent bounds viz. in length on the one side from Swaftone to East Deping as Kares â—ike extends it self betwixt Swantone and East Deping And in length on the other side towards Holand from the bridge at Bikere to the great bridge at Spalding And in bredth on the one part from that great bridge at Spalding to East Deping as the river of Weland goeth betwixt Spalding and East Deping And on the other side from the land of Swaftune unto the bridge at Bikere So that all the Lands Marshes and Turbaries within those precinctsâ— were thenceforth to be quit of waste and regard In the 18 of King Edw. the first 's reign Henry then Abbot of Croyland and his Monks were impleaded by Thomas Wake of Lidell then Lord of Deping by descent as aforesaid for fishing at Est Deping in the free fishing of the said Thomas and for throwing down a certain bank in his Fen there which the said Thomas had made for the safeguard of the said Fen from being overflowen by the fresh waters But to this the said Abbot and his Monks made answer that being possest of the Mannour and Town of Crouland within which there is a certain River called Weland running time out of mind from the boundary called Kemisf stone in the West unto the site of the Abby within the said Town and so from the said Abby to Brother house towards the North he the said Abboâ— and all his predecessors Abbots of that place were always and till that time seized thereof and of the free fishing therein as Lords of that Mannour and Town And farther said that the place where this trespass was assigned to be was within those limits and precinct of that their Mannour acknowledging that he diâ— fish there as the said Thomas had alleged And as to the said Ditch he saidâ— that within the precinct also of the Mannour of Crouland there was a certain Fen callâ—d Goukeslaund which then was his proper soil and so had been of his predecessors time beyond memory as paâ—cel of the beforespecified Mannour And moreover that the course of the fresh waters flowing from the West in the said Fenn did then run as always they had used to do from the same Fen into the said River of Weland and so to the Sea And he likewise alleged that because the said Thomas had raised a bank upon the land of him the said Abbot within his Mannoâ— of Croyland in a certain place where none had ever been before by which bank the course of those fresh waters being stopt the said Fen called Goukesland and other Fens adjoyning thereto were overflown and the Abby and Town of Crouland in danger to be thereby drowned he the said Abbot perceiving that the abovespecified bank was so raised to the end that the said Aâ—by and Town might be drowned did cause several parts thereof to be thrown down But notwithstanding this answer the Abbot was by the Jurors found guilty both of the trespass in fishing as abovesaid and breaking that bank to the damage of the said Thomas Wake no less than CCCC marks In 9 E. 2. Edmund Deincourt Lambert de Trikyngham Roger de Cuppledyk and Robert de Malberthorp were constituted Commissioners to view and repair the Banks Sewers and Ditches within this Province by which the fresh waters in the Marshes betwixt this part of the Country and Holand had used to pass unto the Sea And in the same year the said Edmund d' Eyncourt Nich. de Widmerpole and Richard de Whattone were appointed to enquire touching the Rivers of Smyte Dyvâ—ne Wycheme Middelwynene and Fulbâ—k choakt up for want of scouring by reason whereof the Inhabitants in those parts did then suffer much damage In 16 E. 3. Gilbert de Umframvill Earl of Anegos exhibited a Petition to the King whereby he represented that whereas there was a certain water called the Ee of Kyme betwixt Doc dyke on the East part and Brentfen on the South within this province which did run through the lands of the said Earl for the space of six miles in length but was so obstructed and stopt by reason of mud and other filth that Ships laden with Wine Wool and other Merchandize could neither pass through the same in Summer nor Winter as they had used to do except it were scoured and clensed and the banks so raised that the tops of them might appear to Mariners passing that way whensoever the Marshes there should be overflowed And that as the said Earl had for the common benefit of those parts bestowed no small costs towards the repair of the said place called the Ee and heightning of those banks so he intended to be at much more in case the said King would please to grant unto him and his heirs for ever certain Customs of the Merchandize passing in Ships through the same to have and receive in form abovesaid viz. for every Sack of Wool carried through that Chanel four pence for every Pocket of VVool two pence For every Tun of VVine four pence for every Pipe of VVine two pence For every four quarters of Corn a peny for every thousand of Turfes a peny For every Ship laden with Catel four pence and for every ship laden with other commodities than aforesaid two pence VVhereupon the said King directed his
one Robert de Haâ—les Archdeacon of Lincolne at the reâ—uâ—st of the said Abbot and Covent made a Collection throughout all his Archdeaconry for the maintenance thereof with which moneys so gotten the said Monks of Revesby repaired the same untill about ten years before the exhibiting of the said Presentment but after that time suffered it to go to ruine VVherefore they pâ—ecisely said that the before-specified Abbot and Covent ought to repair and maintain it still and no other And being asked whether that the Abbot and Covent could keep it in repair with the yearly value of the said land they answered that they might And they said likewise that William de Rumare son of the said William did after the death of his Father confirm to the before-specified Abbot and Covent the land above-mentioned in pure alms for the maintenance of that Causey at which time he made the said Abbot and Covent swear that notwithstanding the said confirmation so made to them in pure alms they must repair and maintain the same Causey as they had before that time used to do alleging that for the want of repair thereof divers persons were drowned every year And the said Jurors for the Wapentakes of Kirkâ—tone Ellow and Anelund chosen to enquire concerning a certain Causey called Holand Causey and of the bridge called Peckebrigge said upon their Oaths that in truth one Robert Iokem of Horbelinge antiently gave to the Prior of S. Saviours one messuage and one yard land lying at the head of the said Causey neer to the very site of the said Priory to have and to hold to them and their successors for ever for the reparation and maintenance of the before-specified Causey from the head thereof towards Kesteven to the Innome oâ— Douingtone And for that consideration were those Canons of S. Saviours enfeoffed of the said messuage and land to maintain the same Causey for ever And the same Jurors also said that the before-mentioned Canons did afterwards obtain a Bull from the Pope to exhort the people of the Country to contribute towards the repair of that Causey by means whereof they collected much money and that with those moneys as also with the profit of that messuage and land and other moneys bequeathed unto them by several great men deceased they used to repair the same till within twenty years then last past that they were hindred by reason of a floud that they could not do it And since that time that they imployed those moneys so collected and bequeathed as aforesaid in purchasing of lands And they said directly that those Canons ought to maintain the same Causey from the head of Holand bridge unto the Innome of Doningtone and not any other And that with the revenue of that messuage and what they had so purchased they might very well do it And they said moreover that the Inhabitants of Doningtone ought to repair and maintain the before-specified Causey from that place called the Innome unto the head of the same towards Holand in respect of their lands lying on each side thereof and by reason of the said ground called the Innome granted to them by the Country And as to the said bridge called Peckebrigg they said that before the foundation of the Priory of Spalding there was not any there and that the Prior of Spalding did antiently first build it and being so built that he and his successors did ever afterwards repair it by reason whereof they took Toll of all strangers passing over it and at that time did also so do For which reasons they said that the same Prior and Covent of Spalding ought to maintain the same and no other person whatsoever And being asked of what bredth the said bridge and Causey ought to be they said that the Causey ought to be so broad as that Carts and Carriages might meet thereon and the bridge of Peckebridge so wide as that men riding on Horse back might also meet upon it And because it was found by the said Inquisition that the before-specified Abbot and Covent of Revesâ—y ought to maintain the Causey called North dyke by reason of that land so given unto tâ—eâ— by the before-mentioned William de Rumare And that the Prior and Covent of S. Saviours ought to maintain that part of the said Causey called Holand bridge Causey by reason of those their Lands and Tenements as aforesaid and the men of Deningtone the other part the Shireeve had command to seize the before-specified lands into the Kings hands and to retain them until such time as they should give security for the repairs abovesaid and that this should be done before the Feast of S. Michael then next ensuing The like command he had to distrain the Prior and Covent of Spalding by all the goods which he could find of theirs within his Bayliwick for the repair of the said bridge called Peckebrigge within that time In 50 H. 3. the King being advertised that aswell his own lands as the lands of the Prior of Spaulding and others lying in this province of Holand were in very great danger through the decay of the Banks Ditches Gutters and Sewers in divers parts thereof did assign Iohn le Moyne and Alexander de Montefort to enquire by the Oaths of honest lawful men of the same Province who they were that then had safeguard and preservation by those banks and Sewers against the Sea and ought to repair the same and also to distrain all those that were Land-holders within the Wapentake of Ellowe for to repair the same Banks Ditches c. so that every Acre might be equally assessed whosoever held the same and being so repaired to maintain them in such sort as they ought to do according to the proportions of their Tenements The like Commission had Thomas de Frankton Iohn Beke and the before-specified Alexander de Montefort in 3 E. 1. for the same Banks and Sewers In the same year upon a pleading concerning the Banks lying in a certain place called Cadenham toft it was found that they were in very good repair In 6 E. 1 there was a complaint made to the King on the behalf of Henry de Lacy Earl of Lincolne that he had received extraordinary damage within his Lordship and Lands in Swaneton by inundation of the fenns betwixt Swaneton and Dunnington and other Towns adjacent by reason that the Sewers Ditches and Gutters which had wont to be there in the time of his Ancestors were then obstructed and the Bridges in ruine through the default of those that ought to repair them The said King therefore assigned Raphe de Hengham and William de Norburgh to enquire who ought to repair the same and to distrain them thereto The next year following upon inforformation that the Inhabitants within the Wapentake of Kirketou had sustained much losse by the overflowing of Haute Hundre fen in the said Wapentake in regard that the Sewers Ditches and
For it appears that Plinie described to the Emperour Trajan how it might be perfected What he did thereupon I find not for it was his successor Adrian that finisht it CAP. V. The Belgique Provinces FRom the works of the Romans in Italy wherein I have instanced I now come to Belgique Provinces This Country was part of Gallia but so full of Woods and Fenns that the victorious Caesar could not conquer it Omnes Gallias nisi quae paludibus inviae fuere ut Salustio docetur autore post decennales belli mutuas clades Caesar societati nostrae faederibus junxit aeternis saith Am. Marcellinus i. e. All France except the Fenny parts which are not paâ—sable after ten years warr was by Caesar reduced And afterwards saith farther Hae verò Galliae c. But these parts of France being by reason of the Fenns unpassable are the Province of the Menapii which Caesar could never possess as Dion Cassius testifieth who speaketh of Caesar thus After this he marched with his Forces against the Morini and the bordering Menapii whom he thought had been terrified with his other warlike atchievements and easie to be conquered though he had subdued none of them Howbeit they not dwelling in Towns but in Cottages within Fenny places compassed with thick Woods having hidden whatsoever they had most estimation of did more annoyance to the wearied Romans than they received from them 'T is true that Caesar cutting down the Woods did attempt to passe the said Fens But by reason of their greatnesse and that the Winter season approached despairing of successe he forbore the enterprize Now that this part of Gallia here spoke of is the same which we at this day call Flanders we have the testimony of a late learned Writer Quamvis in Flandriâ fuisset hic author c. saith he If this author had been himself in Flanders and made a strict ocular Survey thereof he conld not more exactly have described it as it antiently was For the Nervii and Attrebati first met with vast Woods about Gant Ipres and Cortray even to Bruges and afterwards having passed the woods with mighty Fens where now the Territory of Franc ..... Fâ—rne and Berge are extending to the main Ocean It is the opinion therefore of some learned men that it hath it's name from the watery and Fenny situation thereof And Uredius taking notice of Kilianus his exposition of the word ulacke that it signifies aestuarium locus vicissim aestu maris vel nudus vel aquis stagnantibus offertus id est a place whereunto either the Sea-tides do eb and flow or that is filled with standing waters hath this expression Adeoque quia toto illo tractu ab Ardenburgo Dixmudam usque ultra plura ejusmodi aquosa loca paludosa occurebant toto regio Ulaendren dicta undè Flandrae numero plurali voce in latinitatem deflexâ i. e. Therefore because in that whole tract from Ardenburg to Dixmuth and beyond there be many of those watrie and Fenny places all the Country is called Ulaendren and thence Flanders in the plural number the word being declined into Latine Much more could I adde from the authority of Authentique Historians to manifest how full of Marshes Lakes and Fenns this Country antiently hath been were it needful though now there be little appearance that ever it was so forasmuch as by the industry of the Inhabitants those Fenns and Marshes are so Banked and Drayned that the fertility thereof hath made it one of the most rich and populous Countries in this part of the world There are those who affirm that Baldwin the first having wedded Iudith daughter to the Emperour Charles the bald who was also King of France had by the gift of the said King this territory of Flanders whereof he was made Earl And that this Baldwin besides his building the Castle of Bruges and other places of strength did much in clearing of the Woods and exsiccation of the Marshes for making the Country more habitable and fruitfull That this is undoubtedly true I am induced to believe from what the learned Uredius before-mentioned saith of this Earl viz. Eo anno sc. DCCCLxiiii anno sequenti Baldvinus operam adhibuit Brugensi castro vico aquis firmitatibus muniendis adversus Normannos ex Edictis Synodi Pistensis anno DCCCLxii DCCCLxiii quae habentur in Capitulis Caroli Calvi editis â Sirmondo ut illi qui in hostem pergere non potâ—erint juxta antiquam aliarum gentium consuetudinem ad Civitates novas pontes ac transitus paludum operentur in Civitate atque in marchâ wuâ—actas faciant ad defensionem patriae omnes sine ullâ excusatione veniant i. e. In the year DCCCLxiiii and the year following Baldwin bestowed labour in fortifying the Castle and Town of Bruges with Moats and Bulwarks against the Normans by virtue of the Edicts of the Pistensian Synod held in the year DCCCLxii and DCCCLxiii which are recorded in the Statutes of Charls the bald published by Sirmondus viz. that they who were not able to march against the Enemy should according to the antient custome of other Nations be imployed in the making of new Cities Bridges and passages over the Fens And without any excuse should come to raise Banks in the Cities and limits of the Country for the defence thereof The story of drayning that part of this Country lying betwixt Dam and Ardenburg and thereby making it habitable being very memorable and much to the honour of those who were active in that work I shall in the next place exhibit In the year MCLxix Floris Earl of Holland demanding the Isle of Walchren in Zeeland from Philip Earl of Flanders after a warr betwixt them upon this quarrel they came to an accord viz. That Count Philip should enjoy to him and his heirs for ever the Land of Waes which is one of the best quarters of Flanders which the Earls of Holland had formerly held and Floris to be restored to the said Isle of Walchren in consideration whereof he should send to Count Philip a thousand men expert in making of Ditches to stop the breach which had been made neer unto Dam or the Sluse whereby the Countrey was drowned round about at every high Sea the which the Flemings could by no means fill up neither with wood nor any other matter for that all sunk as in a gulf without any bottom whereby in processe of time Bruges and all that jurisdiction had been in danger of being lost by inundation and to become all Sea if it were not speedily repaired Wheerupon Count Floris sent the best workmen that he could find in all his Countryes who being come to the place they found a great hole neer unto this Dam and at the entrance thereof a Sea Dog that for six dayes together did nothing but cry and howl very terribly They not knowing what it might
appearing said upon their Oaths that there was not then nor ever had been any such common Sewer in Hornese â— as was presented and therefore that the said Abbot and Covent neither did nor had used to repair any such bridge over the same But they said that the said Town of Hornese had wont to repair a certain bridge there of one foot in bredth for foot folk for their own proper useâ— and therefore the said Abbot and Covent was dischardged In 23. H. 6. Iohn Portyngton Sir Iohn Constable VValt Gryffith Robert Hatfield Rob. Rudstone and Thomas VViltone were assigned to view and repair the banks c. within this liberty of Holdernesse and the Wapentakes of Bokeres Dykeryng and Herthill in the Est Rything of this County And to make Laws and Ordinances therein according to the Laws and Customes of Romeney marsh The like assignation in 24 H. 6. had Sir Iohn Constable Knight Rob. Hattefield Alexander Lounde Rog. Rodestone Henry Thwaytes Thomas VVilton and Iohn VVencelagh and to proceed therein as aforesaid So also in 28 H. 6. had Sir Iohn Melton Knight Iohn Constable of Halsham Esquire Rob. Hatfield Alexander Lound Henry Thwaytes and the rest In 33 H. 6. Robert Aunsell Mayor of the Town of Kyngston upon Hull Hugh Clyderowe Iohn Haynson and others were constituted Commissioners for the view and repair of those banks c. from Dripole in Holdernesse to Elytone and to act as aforesaid The like Commission in 37 H. 6. had Sir Iohn Melton Knight Iohn Constable of Halsham Esquire Rob. Hattefield Alexander Lounde Henry Thwaytes Guy Fairfax VVill. Eland and Thomas VViltone for all those within the liberty of Holdernesse and in the VVapentakes of Harthill Dykering and Bukrose viz. on the East part of the way which leadeth from Hesyll to Bayntone thence to Driffelde thence to Bridyngton adjoyning to the said liberty of Holdernesse And in 4 E. 4. Sir Rob. Constable and Sir Iohn Constable Knight Robert Hilliard Iohn VVenslagh Rob. Sheffield and VVill. Eland were assigned to view and repair all those which were then in decay on the VVest part of the said way from Helyll to Baynetone and from thence to Bridlyngtone and thence to the Sea and so in all Holdernesse and other parts on the East and South side of those places So also in 13 E. 4. were Rob. Sheffelde Edward Saltmershe Iohn Copyndale Roger Kelk Iohn Middiltone and Thomas Minskip for those on the East part of that way which leadeth from the Lordship of Lekynfield unto Cotingham and from the Lordship of Cotyngham to Waghene and thence to the River of Hulle unto the Lordship of Eske and also to proceed therein as aforesaid CAP. XXIV FOr the repair likewise of divers banks and Sewers in several other parts of this County there were upon occasion sundry Commissions issued viz. in 16 E. 1. to Thomas de Normanvile and Simon le Conestable touching those upon the Sea-coast and Verge of Humbre And so also the year following for those betwixt the River of Humbre and Lambflete The like Commison in 31 E. 3. had Robert de Herle Thomas de Seton Iohn de Moubray and Will. de Routhe at the request of Iohn of Gaunt then Earl of Richmund a great part of his lands Meadows and Pastures from the Mill at little Hoton to the Towns of Yafford and great Daneby being by the overflowing of the River Wyske for want of clensing the Chanel thereof much dampnified And in 34 E. 3. Robert de Herle Godfrey Fuljaumbe Iohn Moubray and others were appointed to view and repair the Banks and Sewers upon the River of Wyske from Stokedale heved to Brakenbergh and thence to the River of Swale In 38 E. 3. it was by an inquisition found that through the extraordinary overflowings of the river Ouse which broke the banks very much the Mannor of Moranwick was totally drowned And upon a pleading in 44 E. 3. the Jurors presented that the Sewer called Fosse which runneth to the great river of Fosse from a place called the Walbot enge without the Town of Strensale unto the Abbots milne in the Suburbs of the City of Yorke was so filled up with mud and weeds that the rain descending thereabouts could not passe therein as it had wont to do And that it ought to be scoured by the Towns of Strensale Esterwyk Touthorp Haxby Huntingdon and Clifton Neither was it gain-said by the said Towns of Strensale Esterwyk and Haxby but that they ought to clense and repair the same wheresoever their land lay adjacent thereto therefore the Shireeve had command to distrain them In 3 R. 2. Will. Latimer Roger de Fulthorpe Iohn de Clifford Thomas Lovel and Iohn de Sadyngton were constituted Commissioners for the view and repair of the banks c. in the Wapentakes of Bulmere Ridwell and Bridford The like Commission in 6 R. 2. had Henry Percy Earl Northumberland Sir Robert Conestable Knight Sir Peter de Bukton Knight Iohn de Aske Thomas Lovel and Thomas de Beverley for those betwixt Kingston upon Hull and Darwent and the parts adjacent Upon a pleading in 5 H. 4. the Jurors found that there was not any common Road-way in Skakilthorp and Popilton through the pasture of Skakilthorpe and that the Abbot of S. Maries in Yorke ought neither to clense the Sewers there called Fowlfosse nor repair the said way the Abbot therefore was dischardged Upon the like pleading in 14 H. 4. it was also found that the River of Derwent at the Conyngdyke and over against the Calf gate was so obstructed that it did overflow the Meadows of Knapton Skamston and Wintringham and that the Abbots of Rivaulx and his Predecessors ought to scour it But the Abbot having seen the said Presentment and pleading that forasmuch as mention was made in the Presentment that the damage done thereby was only to that Town in which case a particular action lay by the said town against him by the Law of the Land and not to the King except it had been a common nusance which was not supposed by the same Presentment therefore the said Presentment being insufficient of it self he was dischardged In 7 H. 5. Will. de Lodyngton Sir Richard Redmayn Knight Rob. Waterton Rob. Maleverer Guy Roclyff and Iohn Dawney were appointed to view and repair the banks and Sewers betwixt the Rivers of Use and Ayre in this County and to do all things therein according to the Custome of the Marsh and the Law and Custome of this Realm The like in 11 H. 6. had Iohn Archbishop of Yorke Rich. Duke of Yorke Rich. Earl of Salisbury Iames Strangeways Sir Rich. Stanhope Knight Raphe Bapthorpe others for all those betwixt the River of Trente the Kings High way which leads from the town of Ferribrigge unto the town of Worsoppe called Watlyngstrete and thence by the common
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
here at Ely with high solemnity as the custome then was the Abbots of Ely in their turn performing the service in the King's Court as they had used to do there being no other access to it considering the bredth and depth of the Fenn but by shipping he set sayl thitherward and when he came neer to the land raising up himself commanded the Mariners to make what hast they could to a little Port but to go stedily and fixing his eyes towards the Church which stood on high on the top of the Rock he heard a pleasant voice on every side where listning farther the nearer he approached to landâ— the more sensible he was of the melody and at length perceiving that it was the Monks then singing in the Quiâ—e and with shrill voices performing their divine Offices he commanded all the rest that were in the next ships to come nearer to him and exhorting them to sing with him became so transported that expressing the joy of his heart he presently composed and sung this Hymn Merie singende Monekes ben in Ely tha chut singende therby Royal chites noer the land And here yve thes Moneks sang Which in Latine is thus Dulcè câ—ntaverunt Monachi in Ely Dumi Canutus Rex navigat propè ibiâ— And now my Knights quoth he sayl ye nearer and let us jointly hear the harmony of these Monks All which were long afterwards publickly sung in the Quire in memory of that devout King and kept in mind as Proverbs the King thereupon ceasing not thus to sing with his venerable College till he came to land where being received with solemn Procession as the Custome had been to the Prìnce or any eminent person and brought into the Church he ratified all the donations conferred thereto by his Royal Predecessors Kings of England and established them with their immunities and privileges in the face of the Church where the body of the holy Virgin S. Audrey lay entombed upon the high Altar before all the persons there present Not long afterwards it so hapned that at the solempnity of this Feast the Fen was so much frozen that the said King could not repair thither as he desired neverthelesse it did not alter his purpose though he was sorrowful and much troubled Howbeit putting his trust in God being then upon Soham mere he contrived to be drawn upon a slead over the Ice and for his better security considering the danger of the passage that one should go before him to try the way But it so fell out that as he stood thus consulting a lusty and big man and an inhabitant of the Isle who for his corpulency was called Brithmer Budde came before him and offred to lead the way whereupon the King followed on the Slead all that beheld him admiring his boldnesse and coming safe thither celebrated that solempnity according as he had wont with great joy and in gratitude to the said Brithmer made him with all his posterity â—ree mâ—n for ever In further testimony likewise of the security of this place by reason of the vast and deep waters wherein it was situate I find that in the time of King Edward the Confessor the English having advertisement of great preparations then making by the Daâ—es for another invasion of this Realm bestirred themselves in fortifying their Cities and Castles hiding their treasure and mustering of souldiers for their defence And that Alfric the Abbot of S. Albans much fearing the danger did not only take care to convey the Shrine of that glorious prothomartyr S. Alban into a secret corner where he immured it but the better to disguise the businesse wrote Letters to the Abbot of this place humbly requesting him that he would take chardge thereof till all things should be in a quiet condition again â—or saith my Author erat eorum Insula intransmeabilibus circundata paludibus arundinetis unde hostium incursus nequaquam timuerunt id est This Isle of Ely is environed with Fenns and Reed-plecks unpassible so that they feared not the invasion of the Enemy Whereunto the said Abbot assenting Alfric like a politick and wary man fearing that these of Ely having gotten such a treasure into their hands might deny to restore it when it should be again required sent instead of S. Albans Shrine the reliques of an old Monk put up in a rich Chest as if they had been S. Albans bones and kept the before-specified Shrine walled up in their own Abby as hath been said But the most signal testimony of the strength of this place by reason of the said waters encompassing it is that recourse which divers of the principal nobility of the English Nation had unto it as their greatest refuge against the strength and power of the Norman Conqueror as also the defence that they then and there made against a powerful Army brought by that King for the subduing of it the substance of which story because it is but briefly pointed at by our publick Writers I suppose it will not seem tedious if I here succinctly deliver After that William Duke of Normandy invading this Realm with a puissant Army in the year MLxvi had subdued the forces of K. Harold in open batail wherein that King lost his life Stigand Archbishop of Canterbury whom the Conqueror affected not fled into this Isle for safety So likewise did Egfrid then Abbot of S. Albans with the Reliques of that Saint and treasure of his Church As also Edwine and Morkere two great and potent Earls of this Nation with Egelwine Bishop of Durham besides many thousands of the Clergy and Laity And understanding that Hereward Lord of Brunne in Lincolnshire a younger son to the famous Leofrike Earl of Mercia being a person much renowned for his valour and military skill for at the age of xviij years being banished the land by King Edw. the Confessor for his extraordinary dissolutenesse towards his parents and others he went into Flanders and other forein parts where he gained most high repute of his prowesse and noble exploits was returned from beyond Sea they forthwith sent for him desiring that he would repair thither with all his power and joyn with them in the defence of their native Country and redeeming their just liberties And in particular they importuned him in behalf of Thurstane then Abbot of that place and his Monks whose the said Island wholly was and on whose behalf the same was then fortified against the King that he would make no delay because the said King brought in a forein Monk out of France to obtrude upon them as Abbot there and that he purposed to do the like in all other Churches throughout England To which request of theirs he willingly condescended and forthwith began his journey towards them accordingly whereof the Earl Warren having notice whose brother long before the said Hereward had killed he laid ambushes for him on the out-side of the Fens belonging to
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
presently begin the same and finish it so as to make the grounds fit for Meadow Pasture or â—arable within the compass of six years from 1 Oct. following unless the Commissioners should approve the cause of deferring it any longer 2. That suddain overflowings in places remote from the Out-falls should not be adjudged a not Drayning nor Meers Lakes Pooles and Forelands left by Art and Approbation for Receptacles Nor any part of the ground out of which he was to have his proportion 3. That there should be 95000. Acres set out by six Commissioners respect being had to Commoners accommodations before Michaelmass then next following 4. That the Earl and his associates might be incorporated for ever to make Laws Ordinances and Orders and to have power over the lands assigned but no other towards the maintaining of the works 5. That the whole 95000. Acres should be lyable to the first finishing of the work and 40000. towards the maintaining and the 40000. to be subject in case of neglect to the Commissioners of Sewers 6. That when 30000. Acres should be finished the Earl to have his proportion out of it 7. That the private Indikes for partition be made by advice of the Earl and by direction of the Commissioners 8. That the Commissioners shall set out convenient High-wayes and passages by land throughout the Levell 9. Provided that the Port and Haven of Kings Lynne be preserved and the Navigation Passage and High-wayes in upon or about all the Navigable Rivers namely Ouse Grant Neene Welland and Glene to be preserved and no prejudice annoyance hurt or hindrance to be done to them And if any such prejudice annoyance hurt or hindrance upon complaint thereof and of the Commissioners whereof the Vice-Chancellour of the University of Cambridge ....... shall be 3. if they will be present to return abate ....... and amove all such prejudice annoyance c. so that the antient Navigation passages and High-wayes may be preserved 10. For the safety of Holland and Hundred of Wisbeche Clows Crosse Drayn to be kept within soyl or Banks and in case of any prejudice then six Commissioners to reform the excesses and the Earl to make recompence 11. That the new Rivers Cutts and Dreyns the Banks Forelands and inside of the Banks not exceeding 50. or 60. foot to be the Earles paying such recompence as the Commissioners should think fit the old ones to remain as they were 12. No passages upon the Banks but for the towing of Boats 13. That the Earl might take Earth dig Drayns and Cutts upon the lands next adjoyning making recompence 14. That the Commissioners should assist the Earl to suppress ryots insolencies and disturbances 15. Such as should receive benefit by the work and yet no parties to it if their land be taken within the allotment of the 95000. Acres to pay to the Earl as the Commissioners shall assess upon pain to forfeit double 16. That the Earl might hold the 95000. Acres in free socage at xl per annum fee ferm and if any other Rents be issuing that pay be charged upon other lands 17. That the King should release any benefit which by the Law of Sewers made 19. Iac. or by any other law might accrue to him and approve of this Law and that it may be confirmed by Decree in Chancery and Council of State and by Act of the next Parliament 18. That 12000 of the 95000 acres be assured to the King for his Royal assent and laid out upon the lands belonging to the Manour of Whittlesey and the Marshes there adjoyning 19. And that for allotments out of small parcels lesse than 30 Acres there the Earl to divide and accept what 6 Commissioners should assess These things being thus setled the said Earl taking in divers Adventurers as Participants with him therein they cast the whole so allowed for their recompence into twenty parts or lots each lot consisting of four thousand Acres whereof himself was to have three shares or lots Oliver Earl of Bullingbroke one Edward Lord Gorges one Sir Robert Heath Knight one Sir Miles Sandys Knight and Baronet two Sir William Russel Knight and Baronet two Sir Robert Bevyll Knight one Sir Thomas Terringham Knight two Sir Philibert Vernat one William Sams Doctor of Law one Anthony Hamond Esquire two Samuel Spalding Gent. one Andrew Burwell Gent. one and Sir Robert Lovet Knight one And thereupon he the said Earl and those his Participants did by Indenture of fourteen parts covenant with each other that if any one of them or their assignees after notice should fail in the payment of such moneys as from time to time should be imposed on them in pursuance of that agreement for carrying on the said work that then it should be lawfull to and for the rest of the said parties or their assignes to supply the same or to admit some other person or persons to have the share of such defalture paying the sum imposed on the said share and that all such parties as aforesaid by himself or his assignes so failing should be wholly excluded and for ever debarred from demanding or receiving all or any such sum or sums of money as any such person or persons had formerly disbursed for and towards the said undertaking VVhich agreement so made the said Earl and his Participants or such unto whom several proportions of those lots or shares were by them assigned began the work and in order to the carrying off the superfluous water wherewith the Level was so much annoyed caused these several Chanels to be made viz. 1. Bedford River extending from Erith to Salters lode Lxx foot wide and xxi miles in length this being intended for taking off the high flouds from the River of Ouse having at each end thereof a Sluse of great strength 2. Sam 's Cut from Feltwell to Ouse being about six miles in length and twenty foot in bredth 3. A Cut to drain the River of Mildenhall in Burntfen neer Litleport two miles long and fourty foot wide 4. Bevill's Leame being a Cut from Witlesey meer to Guyhirne about ten miles in length and xl foot in bredth 5. Morton's Leame before-mentioned new made 6. Peakirk Drayn ten miles in length and 17 foot in bredth 7. New South Ea from Crowland to Clows crosse 8. Hill's Cut neer Peterborough about two miles in length and 50 foot in bredth 9. Shire Drayne from Clows crosse to Tyd and so unto the Sea Moreover besides these Cuts and Drayns he caused two Sluses to be made at Tyd upon Shire Drayne to keep out the Tides as also a Clow at Clows Crosse for the fresh water And likewise a great Sasse on Welle Creeke with a Stone Sluse at Salters lode upon Bedford River to keep out the Tides and Sluses at Erith for the fresh But above all that great Stone Sluse below Wisbeche at the Horshoo to hold the Tides out of Morton's Leame which cost about eight thousand pounds And to the end they
might the better accomplish this so great an undertataking as also maintain and preserve the works after they should be compleated the said Francis Earl of Bedford and his Participants did in the x year of the said Kings reign obtain Lettees Patents of Incorporation bearing date 13 Martii whereby the said King making some recital of the before-specified Laws of Sewers made at King's Lynne 13 Ian. 6 Car. with his royal assent thereunto did incorporate him the said Earl and certain other persons viz. Oliver Earl of Bullingbroke Henry Lord Maltrevers Edward Lord Gorges Sir Francis Crane Knight Chancellor of the most noble Order of the Garter Sir Miles Sandis Knight and Baronet Sir Thomes Teringham Knight Sir Robert Lovell Knight Sir Filbert Vernat Knight Sir Miles Sandis Knight William Sams Doctor of Law Oliver S. Iohn Esquire Anthony Hamond Esquire and Samuell Spalding Gentleman into a Body politick to be Guardians and Conservers of the Fen lands in the Counties of Cambridge Huntington Northampton Lincolne Norfolke Suffolke and Isle of Ely by the name of a Governour Deputy Governour two Bayliffs and Commonalty of the Society aforesaid and that they and others to be elected into that Fellowship to have a perpetual succession by those Names and Titles with power to purchase lands plead and be impleaded and to have a common Seal And moreover that out of this their Society be yearly chosen upon the xxix of September one who shall bear the name of Governour another to be Deputy Governour and two others to be Bayliffs of the same Society to continue for one compleat year each of the said Commonalty having of Inheritance five hundred Acres at the least in the said Fen lands That upon Death or Removal the Survivors to elect others in their rooms And that six shall have power to make Laws for the publick benefit of the Society whereof the Governour or Deputy Governour to be one Also that the Governour Deputy Governour and Bayliffs shall make Oath for the due execution of their Offices so likewise their Servants and Ministers By this Charter of Incorporation the said Governor Bayliffs and Commonalty of this Society and their Successors are likewise constituted Guardians of all the Waters Rivers and Fens within the Precincts aforesaid with power to seise and take all Nets and other Engines made and used therein for destroying of Fish contrary to the Laws and Customes of this Realm And they be thereby impowred to enquire by Oath of all Trespasses and Offences committed contrary to the Laws and Customes of the Kingdom and to punish the Offenders by Fines and Amerciaments which Fines and Amerciaments to be levied by their Officers and to be to the use and benefit of the Society without any Estreits thereof made into the Exchequer Likewise to build Churches or Chapels and make Church-yards in such fitting places of the said Fens as they shall judge meet and to cause them to be consecrated by the Bishop And to take reasonable Tolls of all Carriages and Commodities at such Bridges as they shall erect and maintain So also for laded Boats passing under the same Bridges And lastly to Register all conveyances of these their lands within three months after the making thereof in certain Books to be kept for that purpose by the said Governour and Bayliffs All which being accomplisht about three years after in a Session of Sewers held at Peterborough xii Oct. 13 Car. the whole Levell was adjudged drayned and the ninety five thousand Acres were set out by six or more of the said Commissioners by metes and bounds unto the said Francis late Earl of Bedford his Heirs and Assignes the charge of these works to the said Earl and his Participants having been no lesse than an Hundred thousand pounds But notwithstanding this great expence it was at length evidently discerned that though the lands were very much improved by those works yet were they subject to Inundation especially in the Winter season and therefore in a Session of Sewers held at Huntendon 12 Aprilis the year ensuing the said Earl of Bedford's undertaking was adjudged defective And on the xxiii of May following in another Session held at Wisbeche the particular defects therein being considered by the Commissioners there was a new Tax of xv s. the Acre imposed by them but upon Dâ—ping fâ—n xxx s. the Acre Waldersey and Coldham xx s. the Acre Needham fen vis viijd the Acre For the Marshes within the precincts of Walton Wallokne and Walpole in the County of Norfolke Tyd S. Maries Sutton in Holand Lutton Gedney Fleâ—te Holbeche Ouaplode Moulton and Weston in the County of Lincolne Wisbeche Leverington Newton and Tyd S. Giles in the County of Cambridge xls. the Acre Marshland â—en xxs. the Acre and other the Fens and low grounds in Marshland x s. the Acre The Common and several Fen-grounds lying within the North side oâ— Wisebeche between South Ea bank Wisebeche River the old Sea-bank and the Shire drayn viz. the Common Fen-grounds lying in Neuton and Tyd within the said North side of Wisebeche xx s. the Acre and the several Fen-grounds in Neuton and Tyd aforesaid x s. the Acre and the rest of the Common Fen-grounds lying within the North side of Wisebeche vi s. viij d. the Acre The Common and several Fen-grounds in Holand in the County of Lincolne viz. the Common at xx s. the Acre and the several at x s. And it was then decreed that the said Tax should be paid in to the Treasurers appointed to receive the same before the xviijth of Iuly then next ensuing that present Session to the end that it might be speedily imployed in the work that so the said Fens might by sufficient Drayning be made aswell Winter-grounds as Summer-grounds in all the parts thereof saving convenient Forelands and Receptacles for Winter flouds Hereupon his late Majesty King Charles the first of blessed memory taking this great business into his Princely consideration and foreseeing that these lands being a continent of about four hundred thousand Acres in case they were made Winter-grounds would be an extraordinary benefit to the Common-wealth viz. of six hundred thousand pounds per annum value as also a great and certain revenue to all parties interessed And likewise because the Owners who were very many could not agree to do so great a work one being willing and another not one able to contribute another not was therefore pleased to undertake the making of those lands Winter-ground at his own charge whereby the said four hundred thousand Acres might be profitable firm and good And for the better performance thereof did command divers Gentlemen expert in such adventures to give their advice how these lands might be recovered in such manner as that they might be made Winter-grounds to the end the said work might be compleated Amongst which the before-specified Sir Cornelius Vermuden was one who after view taken thereof returned their
at least which was a very great work 2. The Middle Levell also they defended from Peterborough water by a large Bank made from Peterborough to Wisebeche this being raised upon the foundation of that which the King begun excepting a little turn in Waldersey Bank From the River Ouse they likewise defended it by a great Bank extending from Erith to Salters lode on the North VVest side of Bedford River and made another new River parallel to the said Bedford river from Erith to Salters lode aforesaid containing an hundred foot in bredth and imbanked it with Banks on borh sides of threescore foot wide at the bottom ten at the top and eight foot in height The other new Drayns which he and his Participants made or repaired within this Levell being these viz. Uermudens Ea Hamonds Ea Stony Draine Nene old Chanel Pophams Ea Marshland Cut Moores Drayne Witlesey Dikes and some other small ones And the Sluses those at Salters lode Pophams Ea and Marshland Cutts 3. For scouâ—ing the South Levell from the overflowings of Ouse they raised also a great Bank from Over to Salters lode The lesser Rivers viz. of Grant Mildenhall Brandon and Stoke being defended by smaller Banks From Salters lode to Stow bridge they likewise caused a large River of one hundred and twenty foot wide and ten foot deep to be cut for the more speedy conveying away of the waters which River is now called Downham Ea As also two great Sasses at Salters lode for the passage of Boats and other great Vessels with three Sluses at the end of Downham Ea And divers small Drayns viz. Grunty fen Drayn the In-Drayn to the Bank of the Hundred foot River Reach lode and many others So that having accomplisht the whole work within the compass of five years the said Level was by a Decree of Sewers made at Ely on the 25th of March Anno 1653. adjudged to be fully drayned Whereupon the said Earl and his Participants had possession of those ninety five thousand Acres awarded to them CHAP. LV. Lindsey Levell Extending from Bourne to Lincolne OF this though I might have not incongruously discourst under my title of Kesteven and Holand yet forasmuch as 't is in truth a part of the great Levell before-mentioned however not so now taken notice of in Common reputation I have thought it more proper to speak of it here The first general attempt towards the Drayning of this part of the Country whereof I have taken notice was upon a complaint of the Inhabitants at a Session of Sewers held at Sempringham in the 8 year of the late Queen Elizabeth's Reign the Earl of Lincolne high Admiral of England with several other persons of quality being then Commissioners Whereupon a general Tax was laid for repairing and enlarging the Drayns and Sewers to carry off the waters which then annoyed these parts But little was done to any purpose herein as it seems for it appears that at another Session of Sewers held at Swinstede in the 17 year of that Queens Reign the Country complained that they were drowned more than formerly so that the Commissioners then decreeed that those Drayns which the Duke of Suffolke and others had ordained to be begun about the latter end of King Henry the 8 time as also some others should forthwith be set upon and laid a Tax accordingly But no payment of that Tax being made the work proceeded not Nor was there any farther considerable attempt therein whereof I have heard till the 5 year of the late King Charles of blessed memory that Sir Anthony Ireby Knight Sergeant Callice and other Commissioners finding all former essays fruitless by reason that the Inhabitants would never pay the Taxes and that the lands being surrounded had no Cattel upon them for distress and considering that the King as 't is observable in all the Statutes of Sewers was to give direction in works of this nature they did by their Letters represent to his Majesty the necessity of Drayning these lands and the Commodity which might accrue thereby humbly beseeching him to recommend some person of Honour to contract with them as Undertaker for performance of that work The King therefore understanding their design to be for the Drayning of all the surrounded Fens on the North side of the River of Glen in this County of Lincolne referred the view of those lying on both sides the Rivers of Fosse and Wythom from beyond the City of Lincolne to Kyme Ea unto Sir Henry Vane Knight Sir Robert Carr Baronet and others who in order to that good work did in a Session of Sewers held at Sleford 26 Febr. 8 Car. where were also present and Commissioners Robert Earl of Lindsey Theophilus Earl of Lincolne the Lord Willoughby Sir Henry Fines and others lay a Tax of xiij s. iiij d. the Acre for the scouring and clensing of the said Rivers and all Gotes and Drayns c. within those precincts to be imposed upon all the Landholders in the said low grounds and to be paid before the ix of April then next following And for the better furthering and compleating thereof the said Commissioners meeting again at Boston upon the second of March then next ensuing reciting their Decree so made at Sleford did extend their said Tax of xiijs iiijd the Acre to the other parts of that Level Nevertheless little was done therein as it seems till about three years afterwards but then the said King by his Letters Patents bearing date at Westminster 2 Aprilis in the xi year of his Reign directed unto George Earl of Rutland and others Commissioners of Sewers for the said Level recommended unto them Robert Earl of Lindsey Lord high Chamberlain of England a person of very great honour to be the sole Undertaker for the drayning of the whole Whereupon the said Commissioners at another Session of Sewers held at Sleford upon the second of Iune then next following proceeded to a treaty with his Lordship for that purpose and agreed with him to accept of twenty four thousand Acres in recompence of his chardges therein which was then accordingly decreed the work being to be perfected within the space of six years next ensuing the feast of St. Michael th'archangel then following And after this viz. in a Session of Sewers held at Boston the 29. of March the next year ensuing recitall being made of that Decree made at Sleford whereby the said Earl of Lindsey for the considerations therein expressed was to have those twenty four thousand Acres of land to be indifferently allotted out of the several Fens c. to enjoy to himself and his heirs for ever viz. as soon as ten thousand Acres or more should be drayned to have his portion thereof forthwith assigned As also the like recitall that upon consideration of the same Decree and other former preceding Decrees and Ordinances made at a â—ession of Sewers held at
Swinshed upon the xi of August then last past upon full debate and consideration of the former Decrees and consideration of a true and perfect scedule of all the Fens c. comprised in a Decree of Tax bearing date at Boston upon the second of March in the eighth year of the said King Charles from Kyme Ea South-wards aswell within the parts of Kesteven as Holand to the River of Glen being part of the said Level mentioned in that Decree made at Sleford c. it did at that time appear to the said Commissioners and then to those present Commissioners at Boston that that part of the Level amounted to thirty six thousand Acres or thereabouts And recitall being likewise made that whereas at the said Session of Swineshed it was proposed that the severals within the said Level lying from Kyme Ea to the River of Glen might not contribute any part of land to the making up of the said quantity of fourteen thousand Acres but that the whole proportion should be taken out of the Fens and Commons And in a Session of Sewers held at Bourne upon the xith of August the next year following there was a speciall assignation in what particular place in each of the Fens before-specified the quantities so decreed as aforesaid should be set out and a certain mistake concerning Poynton fen rectified Which said several Decrees viz. that at Sleford 2 Iunii 11 Caroli that at Boston 29 Martii 12 Car. and this at Bourne 11 Aug. 13 Car. were afterwards in a Session of Sewers held at Sleford 25 Sept. 14 Car. ratified and confirmed And in another Session held likewise at Sleford upon the xiiijth of March then next ensuing the Commissioners receiving information by the said Earl that he had then effectually drayned all the lands between the River of Glen and Kyme Ea containing more than thirty five thousand Acres and taking view of them with all the Sluses Banks Sewers c. therein did so adjudge thereof and that he had made a full performance of his said undertaking And lastly in another Session held at Sleford also upon the 14 of Iune next following reciting and confirming all the former Decrees And that whereas but three thousand Acres were by the said Law of Sleford made 2 Iunii 11 Caroli decreed for the perpetual maintenance of the works within the said whole Level and that the said Earl had nevertheless at the instance of the Commissioners condescended to ty the said fourteen thâ—usand Acres for the perpetual maintenance of the said works made between the River of Glene and Kyme Ea over and above the Rent of iiijd the Acre thereupon reserved to be paid out of the said fourteen thousand Acres in case the said iiijd. the Acre should not be sufficient they decreed and ratified the same accordingly After which the said Earl and his Participants having been at no less than fourty five thousand pounds charge therein did inclose build inhabit plant plow sow and reap two years without disturbance but the third year divers clamorous Petitions were exhibited to the Parliament then sitting by the Country people Whereupon after examination of Witnesses Orders were granted from both Houses to quiet the possession of the said Earl and his Participants and to secure their Crops then upon the land Nevertheless the Petitioners in contempt of all entred and destroyed the Drains and buildings as also the Crops then ready to be reapt to a very great value and have ever since held the possession to the great decay and ruine of those costly works and exceeding discommodity to all that part of the Country CHAP. LVI The East and West Fenns NOrthwards of this Fenny part of the Country called Lindsey Levell are divers other Marshes lying towards Waynflete the greatest whereof are called by the name of the East and West Fenns Upon a Writ of Ad quod Dampnum in 41 Eliz. concerning the Drayning of these Fens it appears that the East fen lying betwixt the parts of Holand and Lindsey was found to contain five thousand Acres or thereabouts and that the one half thereof being the Skirt Hills and Out-rings might conveniently be drayned but the other half consisting of deeps for the most part could not be recovered and moreover that the Commons and Severals pertaining to the Towns confining on the said Fen did then amount to the number of three thousand and four hundred Acres or thereabouts all which were at that time surrounded Whether any thing was done at that time towards the drayning of those Fens I am not able to say but in 6 Caroli 15 Maii there was a Decree made in a Session of Sewers held at Boston by Robert Earl of Lindsey Lord great Chamberlain of England Edward Earl of Dorset Lord Chamberlain to the Queen Iohn Shorey Mayor of Boston Sir Robert Killegrew Vice-Chamberlain to the Queen Sir Robert Bell Sir Iohn Browne Knights Robert Callice Serjeant at Law and others which Decree makes this following recital viz. that there was a Law of Sewers made at Boston 7 9 Apr. then last past by the said Sir Robert Bell and others whereby it appeared that the grounds hereafter named were overflowed with fresh waters viz. Dockdike hurne from Armitage Causey and Howbriggs East to the River of Witham VVest and from the said River of Wytham South to Hawthorne North from the East end of Hundell house grounds and so along by Raydyke to the North side of Moorhouse grounds from thence by Marcham Revesby East Kirkby and Hagnaby to Hagnaby gate from thence along by Bar loade banck and the West end of Stickney Severals to Stickney Graunge From thence on the North side of Westhouse grounds along to Blacksyke from thence on the North side of Medlam to Gamock stake from thence directly to the East end of Hundel house grounds from Stickney graunge Southwards on the VVest side of the severals of Stickney and Nordyke gate East to Nordyke stream South and the West fenne VVest wherein is included Westhouse grounds the low grounds belonging to Stickney grange and Thornedales from Norlands lane along between Sibsey severals aâ—d the new Drayn to Hale Causey from thence along to the Shottells And that all these grounds as also the grounds mentioned in a Verdict heretofore given up at a SessioÌ„ of Sewers held at Boston aforesaid 16 Ian. An. 1629. viz. the East fenne extending in length from the severals of Wainflet on the East to the severals of Stickney on the VVest and in bredth from the severals of Waynflet Friskeney Wrangle Leake and Stickney on the South and the severals of Stichford Keales Toynton Halton Stâ—ping and Thorpe on the North were for the most part surrounded grounds And likewise that certain severals and Commons of divers Lords and Owners belonging to Waynflet and Friskeney lying between a bank called Fen-dyke bank on the East and East fen on the VVest and abutting
this Isle and kept guards about the waters near to the land hoping to take him cunningly without any slaughter of his own men But Hereward being aware thereof as also that some of those guards had encountred with part of his souldiers and pursued them he came in to their aid and by taking some of them discovering that the said Earl had set these ambushes for him and likewise that he was on the morrow to be at Hoherhed he hastned thither with his ships and placing some armed souldiers near the bank of the River went himself with three Horsmen and fouâ— Archers well armed unto the mouth thereof where the Earl himself with his men was then also come on the other side and seeing them sent some of his party nearer who enquiring whether they belong'd to Hereward and finding that they didâ— endeavoured to perswade them to forsake himâ— but prevailing not they returned to the Earl and told him that Hereward himself was on the other side of the water Whereupon the said Earl animated his souldiers to swim over with him presently and revenge his brothers death But they told him that it was not possible so to do saying that his coming thither was purposely thus to delude them whereupon the Earl sighing said to them on the other side of the water Oh that I had that Devilish fellow your Master here I would certainly torment him to death To which words of his Hereward replyed If we should happen to be so fortunate as to meet alone in any fit place you would not wish me in your feeble hands nor like well of my company and having so said stooping a little he bent his Bow and letting fâ—ye an Arrow hit the Earl on the breast but his Coat of mail would not suffer it to enter neverthelesse it came with such a force that it struck him off his Horse so that his servants took him up for dead in their arms In the mean while Hereward went away and came with his company into the Isle the same day where he was received with great honour by the Abbot and his Monks as also by those noble persons that were there viz. Edwine Earl of Leicester and Morkere his brother Earl of Warwick and other eminent men of the Country who having been much oppressed by the said Conquerour fled thither Whereof the King hearing and being much inraged thereat he resolved to get the Isle by assault and to that end caused a rendezvous of his whole Army at Alrehede neer which place there is a military rampire yet to be seen where the Fen was four furlongs in bredth and having brought store of wood stone and fagots of all kinds with a multitude of Trees and great pieces of timber fastned them together underneath with Cow-hides and to the end that they might the better passe over them they stript off the skins of beasts and filled them with wind like bladders which being done there were so many that pressed on to get over being greedy of the gold silver whereof they supposed store to be in the Isle that they that went formost were drowned with their Bridge and those in the midst became swallowed up in the depth of the Fenn but of those that were hindmost a few throwing away their weapons made a shift by the mud to escape Nevertheless multitudes perished in this adventure whose bodies were long after found putrified in their Harnesse and dragg'd out from the bottome of the water but one onely man whose name was Beda getting into the Isle The King therefore beholding this lamentable disaster and much grieving thereat departed thence with those few which he had left without any hope to conquer it placing guards of soldiers about it to prevent those within from wasting the Country In the mean time the said Beda being taken and brought before the chief persons that were in the Isle and asked why he so boldly adventured himself told them that the King did promise that whosoever should first enter and do some notable exploit there to the danger of those that defended it let him ask what he would of any mans therein and he should obtain it which when they heard they commended his valour and kept him there with them for certain days using him with great respect Having therefore had this experience of their civilities and observed how secure the place was by reason of the fortifications there made as also the number and valour of the souldiers therein he professed that as he had often heard them reputed to be persons more expert in warr than others he now found it to be true and faithfully promised them upon liberty to go back to the King's camp that he would there relate as much which he accordingly did all being joyful to see him safe returnedâ— even the King himself for he was one of his most eminent souldiers unto whom he related the strength of the Isle and his own adventure and that those Earls before-mentioned were there with two noble men viz. Orgar and Thirchitell surnamed Childe but extolled Hereward not only beyond them all comparing him with the most famous Knights which he had seen through France the whole Roman Empire or Constantinople At which story the Earl Warren took no small offence not enduring to hear such a commendation of him that had slain his brother as hath been observed and suggested the King that the relator was bribed to make so partial a report But the King going on in making more enquiry of his particular observations there had this farther account from him That the Monks of this place â—earing to be subject to a soreiner in regard the King had designed to bring over such out of France to be chief in all Monasteries and Churches of England did entertain those persons there for their defence and thereupon fortified the said Isle affirming that they were much more willing to live by the labour of their hands than to be reduced to such a servitude And that the same Isle was not then at all burthened by those forcesâ— For quoth he they matter not the siege the Husbandman not neglecting his Plow nor the Hunter his sports neither doth the Fowler cease from his imployment concluding that they were securely dâ—fended by their own Souldiery Nay I shall tell you more saith he both what I know and saw This Isle it extraordinary fruitfull in all sorts of grasse there being no place in England that hath a more fertile turf Moreover it is compassed about with huge waters and Fenns as it were with a strong wall and aboundeth not only with domestique Cattell but with a multitude of wild beasts viz. Harts Does Goats and Hares both in the woods and neer the Fens as also Ermines Pole-Cats Weesels and the like Vermine which are taken with traps and other Engins in the winter time And of Fish and foul which there breed what shall I say At the Floud-gates upon the skirts of those waters what
the land between the Briggecroft and the Messuage late Peter Mountfords Also that the Eâ—brynke at the River of Wygenhale from Geyrys dam to Geylode drove ought to be raiâ—ed two foot above the high Water-Mark as it was in the xiiijth year of the reign of K. Edw. the second and to be ten foot in bredth at the top And the said Ee brynke to be made maintained at the charge of the landholders in Newlond Watlington And that all the Ee brynks in Watlyngton be made and repaired before the days assigned by the Dichgreves upon penalty of Bylaw which is for every perch xiid. And that all the Banks in the said Town for defence against the fresh waters be likewise made according to the days assigned by the Dichgreves upon the like penalty of By-law which is for every perch vid. And they said that all the Sewers and Gutters in the Cornfen and Newland ought to be made before the days so likewise assigned by the Dichgreves according to the Ordinance made before the Justices upon penalty of the Bylaw viz. for default of every perch iijd. Also that the Custome of Marshland is that they who ought to make or repair their Banks shall be warned to do the same by a certain day and that if they fail therein then that the Bylaw shall be levyed upon them And they moreover ordainedâ— that all such as had Stowes lying in their Sewers any year or after the Feast of All Saints should pay to the Dichgreves for every such transgression vid. And that all the Tenants and Commoners in Watlington should meet twice in the year and hold the Customes of Marshland And that there should be chosen from year to year certain Bayliffs which are called Dichegreves who may have power on the Kings behalf to distrain the offenders both within and without their houses by all their Goods and Catals found in the said Town And that whensoever those Dichgreves should find any Hoggs rooting upon the Ee bryuk it should be lawfull for them to impound them and to keep them so impounded till they shall receive three pence for every Hog And that when any man is reasonably required to repair and maintain his said Banks Ditches c. and shall neglect so to do so that his Goods and Catals are thereupon taken by the said Dichgreves or their Deputies the said Dichgreves shall receive for their pains in so distraining them id for each distress By another Inquisition n taken about that time before Sir Robert de Scales Sir Iohn de Fytton and others it appears that the Jurors presented upon Oath that the Inhabitants of Watlington and Runcton holme suffred great losses in the Common of Pasture belonging to those Towns for want of Gutters and Sewers there And they said that the Sewer which extendeth it self from Monyescroft in South old Ee Westwards to the Hirne croft and from the East end of Hirne croft into the Ditch which is betwixt the Field called the Sight from Geylode drove directly to the Eebrynke of Wigenhale ought to be amended made deeper so that the water running therin might pass without any impediment and to be in bredth eight foot for the whole length thereof And that a Gutter should be made through the midst of Heibrynke in bredth three foot and as much in height through the midst whereof the water may run in Wigenhale Ee. And they said that the same Gutter and Sewer at Geylode drove ought to be made maintained repaired and clensed as often as need should require at the charges of those which had Common of Pasture or that had Common betwixt Gerys dam and Flemyngs hithe each man according to the proportion of what he held and as they had benefit and preservation by the said Sewer And that the said Commoners should every year meet at the Old Ee on the morrow after Trinity Sunday and keep the Customes of Marshland And for the performance of the premisses there were chosen four Guardians by the said Jurors In 7 E. 3. Iohn Claver Robert de Welle Thomas de Birston and Simon Costyn were constituted Commissioners for the view and repair of the Banks Ditches Sewers c. in the Towns of Midleton Sechithe Rungetone Westwynche Watlyngtone Wirmegey Shuldham and Pentney in this part of Norfolk Upon a Presentment in 37 E. 3. there was a Precept directed to the Shireeve and Iohn Berney to enquire how the River of Smal Ee came to be obstructed and who ought to scour it as also what Towns had damage thereby By a pleading in 41 E. 3 Sir Hamond de Felton Knight then Lord of the Mannour of Dansey could not deny but that he ought to clense the several waters running from Gaywood to the Sea called Danseye hee which was then obstructed and that he ought likewise to make and repair a Bridge there then ruinous the Shireeve thereof had command to distrain him and his Tenants both to clense the said Chanel and repair that Bridge In 44 E. 3. the Mayor Aldermen and Constables of Lenne were commanded to view the Ditches compassing that Town which by reason of its situation upon an arm of the Sea were through the ebbing and flowing of the Tides filled up with mud and other filth to the great damage of that Town and to take course for the speedy remedy thereof In 4 H. 4. Iohn Hevenyngham Iohn White Raphe Ramsey Will. Snetesham Iohn Clere and Robert Marcham had Commission to view the Banks Ditches and Sewers c. betwixt the Town of great Iernemuth and the City of Norwich on the one part and the said Towns of great Iernemuth and Bekles on the other which were then in decay with special direction to perform all things therein according to the Law and Custome of this Realm and those parts of this County By an Indenture tripartite made in the Church of S. German at Wigenhale on the Feast day of S. Mark the Evangelist in 11 H. 4. it appeareth that the Abbot of Dereham Prior of Shuldham Prior of Pentney Robert Kervill and Iohn Elwin Tenants of the Lands lying on the East side of the River of UUigenhale aforesaid and the xij Jurors then in the Sembec there did for themselves and their successors with the consent and assent of all the Land-holders on the said East part of UUigenhale and of the Hamlet of Sadylbow â— grant unto the Prior and Covent of UUestacre and to the Prioresse and Covent of Blackvergh and their successors as also to Will. Campneys and Margerie his wife their heirs and assigns that they the said Prior Prioresse William and Margery of their own proper costs might make a certain VVater-course or Sewer sufficient for all the Lands and Tenements of the said Prior and Prioresse and their successors and of the said William and Margerie and their heirs and assigns lying in the Erles march viz. betwixt the Erles dich on the North part
and Bond 's dam on the South side of Grenedich so that by the same Sewer the before-specified lands might drayn from time to time whensoever the said Prior and Prioresse William and Margery their heirs and assigns should think fit And that they should have enjoy and maintain the said Sewer so made for ever from a certain place called the Erlesmarsh and so through the midst of Sadilbow pitts to the bredth of eight foot and thence to a certain Gutter called Feresgote With power to make a sufficient Bridge over the same for Carts at the South East Corner of Geffrey Siward and another also for Carts neer the gate of the heirs of Iohn Drew and a third likewise for Carts together with a Clow having two bars with Keys at the West end of Brod will Ea whereof one Key to be kept by the Dyk Reeves for the time being to remain on the said East part of Wigenhale and the other by the said Prior and Prioress and their Successors and the said Will. and Margaret and their heirs and assigns for ever to the intent that if an excess of water should fortune to come on the side of Erlesfeld then the said Dike Reeves might shut the same Clow untill the said Sewer might in reasonable time convey it away so that the Lands in Wigenhale and Sadilbo might not be overflowed therewith And in like manner if such an excess of water should come from Wigenhale and Sadilbo that then the said Prior and Prioress and their successors and the said Will. and Margerie and their heirs and assigns for prevention of the inundation of their Lands might shut the same Clow untill the said water should be carried away And that otherwise than for the evacuation of such excess of water coming from Erlesmarsh or from that part of Wigenhale and Sadilbow neither of the said parties to shut the same Clow. And the said Prior and Prioress for themselves and their successors and the said Will. and Margerie for them and their Heirs did Covenant to keep sufficiently and maintain the said Sewer Bridges and Clow at their own proper costs and chardges And the said Land-holders in Wigenhale and Sadilbow Covenanted likewise to permit them the said Prior and Prioress and their successors and the said Will. and Margerie and their Heirs to have a sufficient Sewer for the draining of their Lands in Erlesmarsh aforesaid In consideration whereof they the said Prior and Prioress for themselves and their successors and the said William and Margery for themselves their Heirs and Assigns did grant to the said Landholders of Wygenhale and Sadilbow an yearly rent of viiis. to be received yearly out of the Lands beforespecified After this about two years scil on Thursday next after the Invention of the Holy Cross there was a Perambulation made on the East part of the River of Wigenhale by xij Jurors who said upon their Oaths and ordained that for safeguard of the said Town the Newland dich ought to be eight foot in bredth at the â—op And that all the Sea-banks opposite to the messuage Walls and elswhere from the said Newland dich to Rouse beche ought to be xij foot broad at the top And that the Rouse beche Briggebeche Yernemouth dole Dukesbeche Gromesdiche and Cannesbeche ought to be xij foot in bredth at the top And they said that all the Sea-banks opposite to the messuage Wall of Sechegole unto Pulbergole ought to be six foot in bredth at the top and within the Wall four foot but elswhere xij foot And that all the said Sea-banks ought to be raised above the highest tides two foot and perfected before the Feast of the Nativity of S. Iohn Baptist upon penalty of the Bylaw viz. for every perch not repaired vid. And that they be well turfed before the Feast of All Saints upon penalty of Biscot and at the utmost that they be sufficiently repaired before the Feast of the Nativity of our Lord upon penalty of Triscot And they likewise ordained for the better safeguard of the said Town that all the said Sea-banks should be strengthned with Stakes and Piles or with Timber viz. of schoring where need required before the Feast of All Saints upon penalty of vis. viiid. for every perch not repaired And that all the Sewers should be clensed and scoured where need was before the Feast of the Nativity of S. Iohn Baptist upon penalty of Bylaw viz. for every perch not repaired ijd. without damage to the Land sowed And that where the Sewers lay upon the sowed Land that they should be clensed before the Feast of S. Michael the Arch Angel upon the like penalty And that all the warp should be thrown into the Common wayes to fill up haggs and lakes where need was upon a great penalty where it should ly neer the Common rode And they furthâ—r ordained that all Dunghills lying in Common to the nusance of any should be amerc'd viz. for each Dunghill iiâ— there was therefore warning given for their removall before the Feast of S. Michael the Arch-angel upon penalty of iiiiâ— for every Dunghill And they said that there was a certain Lake in the Kings High way betwixt the Messuage of Iohn Hastings Chaplain and the Plot lately belonging unto Edm. Blower command was therefore given to fill the said Lake with earth on each side before the Feast of S. Iohn Baptist upon penalty of vis. viiiâ— As also that all Trenches Lakes and Haggs in the faiâ— publick ways within the before-specified limits should be filled up with earth lying neer thereto before the said Feast of the Nativity of S. Iohn Baptist upon penalty of viâ— And they likewise ordained that all those old Cuâ—tomes of Bylaws and othâ—r touching the safeguard of that Town antiently used and approved by the Kings Justices should be firmly kept And to quicken the observance of them that the said By-laws Biscot and Triscoâ— should be levyed according to antient Custome by the oversight and advice of the Jurors of the Purale And that the principal Guardians called Dike-Reeves as often as they should think fit should make inquisition of the trespasses touching the common obstruction in the Sewers and Stows and the like and amerce those whom they find faulty according to the measure of the offence Which Dike Reeves to have the one half and the Commonalty the residue for those common nusances to be imployed in menwarke and grundegole And the persons taking the said distresses to have id. called Wopeny for every one so taken as also twelve pence in every xxs of Tallages and Amerciaments by them Collected And that the chief Guardians of the Town should for the future from year to year upon the Feast of S. Marke the Evangelist give up their accompt at a publick meeting of all Tallages Bylaws Biscot and Triscot in what sort soever levyed and be answerable for the same unto the Commonalty according to antient usage and the same day to deliver up their