proceed farther therein because they had not power to compell the said King thereto as by the â—â—nor of the said Inquisition appeareth He therefore for prevention of the damage and peril which for default of such repair of those banks c. might happen being willing that in what concern'd himself all should be done according to reason commanded them the said William Robert and Robert that they should assesse his said Lands for contribution to those repairs according to the quantity of them as they did others for theirs And moreover gave command to Stephan Padiham his Bayliff of Ihamme that he should contribute out of the profits of that Mannour towards those repairs according to the proportion of what the said King held in those Marshes in such sort as others did to the end that the said repairs might not any wayes be retarded In 14 E. 3. Geffrey de Cotes Thomas de Weyvill and Philip de Ellevenwyk had Commission for the view and repair of the banks c. on the Sea-coast in the Marsh neer Pevenesey and Willingdon and those adjacent And the like Commission in 15 E. 3. had Iohn de Frenes Will. de Notton Rob. de Sharenden Thomas de Battenham for those betwixt Bremesley in the Parish of Bixle and a place called the Slough lying betwixt Pevenesey and North Eye And in 16 E. 3. the King by his Precept directed to Iohn Clynde then Bayliff of his Mannour of Ihamme wherein he reciteth his commands to Stephan Padiham his Bayliff of the same Mannour in the 10th year of his reign as I have already shewed and the necessiâ—y of the repair of those Banks in Northe mershe and Spadelonde gave him also strict chardge that he should not omit to contribute out of the revenue of that Mannour according to the proportion which he the said King had in those Marshes in such sort as others did for their Lands forasmuch as the said Banks were at that time for the most part very ruinous But notwithstanding this great care which it appears the King had the work was not perfected of three years after for in 19 E. 3. I find the like Precept directed to the same Stephan who was again his Bayliff of the said Mannour in that year In 17 E. 3. Sir Andrew de Sakevill Sir Andrew Peverell Sir Iohn de Fiens Knights and William de Sessingham had Commission to view and repair the Banks c. in Wretling Hoo Nonfield Ashburnham and Bixle Pevenesey Shipegongebrigge and also Piglynde What was done in that Marsh of Spadelonde before mentioned in pursuance of the said Kings Precept I cannot say but this is certain that within few years after through the force of great Tempests the Sea-banks betwixt Winchelse and Dauneswalle and betwixt Pykammyll and Trecherie were so broken and decayed that as well the Kings Lands as the Lands of divers other persons in that Marsh were overflowed at every Tide to the danger of their utter ruine and the apparent depauperation of the Town of Winchelse and the parts adjoyning The King therfore for the speedy repair thereof did in the 25 of his reign assign Iohn de Ore Stephan de Horsham Robert Arnald and Will. de Pageham his Commissioners to view them and to take order therein In like sort in 32 E. 3. were Sir Iohn Waleys Sir Hugh de Boucy Knights Thomas de Thorpe and others appointed Commissioners for the view and repair of those in a certain place called Pende betwixt the Towns of Brembre Shorham and Launcyng So also in 33 E. 3. were Iohn de la Lee Andrew Saukevill and others for those Banks in the Marshes of Pevenesey Bourne and Wylyngdon The like Commission had they the year following for those in the Marshes of Peveneseye Wylyngdon and Estburne between Hastings and Sefford and the parts adjacent So also in 36 and 38 E. 3. And in 40 E. 3. Raph Spigurnell Robert Bealknap Andrew de Guldeford and others were assigned to view and repair the Banks of those Marshes within the liberty of the Town of Rye towards the East unto the Kings high way which leadeth from Pladen unto the same Town of Rye and towards the South to the said Town of Rye and towards the West to the Sea-bank called Melflet and towards the North to the lands which are called Bernardeshill from Kyngeswyst with direction to determine all things therein according to the antient Law and Custome of this Realm Upon an Inquisition taken in 42 E. 3. the Jurors presented upon their Oaths that one William Fishburne Clerk had then newly made a stone wall upon the Sea-coast at Boseham in pure almâ— and of his meer and free will without any cohercion whatsoevâ—r whereas before that time there had not been in the memory of man any Bank or defence there against the Waves of the Sea but the ground lay waste through the ebbing and flowing of the Tides And they farther said that the Bishop of Exeter was then Lord of the Town of little Boseham and that his Lordship there lay abutting on the Sea-shore in length viz. â—rom the Prebend of Fouctone to .............. of Boseham on the East part to the Prebend of Westebroke in the said Church on the West part excepting one Watermill a Smiths Forge and a Cotage and that the said Bishop had divers edifices there in the hands of Bondmen which were then worth by year beyond reprises xiijs. iiijd. And that several other persons had also Lands there And moreover that the said Bishop and the rest of the Land-holders there were bound to contribute towards the making defence against the Sea-tides there according to the proportion of what they held And in the said 42 year of E. 3. it appears that Robert Bealknap Robert Churchehull William Merlot Iohn VVyn and others were appointed to see to the repair of those Banks c. at Boseham In 44 E. 3. Godfrey Folejaumbe Robert Bealknap Roger Ashburnham and others were constituted Commissioners for the view and repair of the Banks betwixt the Towns of Borne and Rye In the like sort were the Abbot of Battaile Rob. Bealknap Roger Ashburnham and others in 48 E. 3. In the same year the King being informed that the Burgers of Wynchelse had for the advantage of that Town and benefit of the whole Countrey built a certain Bridge at Pypewel over a water called the Chanel of Wynchelse upon the said Kings soyl on both sides of the water for the passage of people and all carriages which was not done with little chardge And that by the violence of the Tides and flouds of fresh water passing to the Sea the said Bridge and banks on each side the said water betwixt the said Town of Wynchelse and the Towns of Odymere and Rye were so broken down and ruined and all the High-wayes about the said Town of UUynchelse so overflowed that
the said Deping fen and thereby to adjudge and order aswel from his Majesty being Lord of the soil as from the Adventurers and others interessed therein such proportion of land as might sufficiently bear the chardge of the work And that because his Majesty intended to see that great work of the whole Levell prosecuted according to his first Princely design it being for the Countries good and his own service in such manner as might have just regard to the perfecting of the same with most publick and general advantage to the whole Fens he was farther pleased to declare himself the sole Adventurer aswell of this particular Fen called Deping fen as of the whole great Levell and that he would afterwards in ordering the same have a just respect unto such persons of Honour and others as had any former interest or engagement therein To conclude this Chapter I find by a Law of Sewers made at St. Ives the xvth of October 17 Caroli that the Commissioners therein reciting that whereas the Earl of Exeter had a third part of this Deping fen as also of Spalding and Pinchbek fens and of Gogsland belonging to Crouland by contract made with Captain Thomas Lovell for drayning of the said Fens which being not performed the said Fens did then remain drowned they then decreed that the said Fens should be surveyed by the appointment of Sir William Ayloff and Sir Anthony Thomas undertakers and six Commissioners of Holand and Kesteven and a moytie assigned to the said Sir William and Sir Anthony and their Heirs in recompence of their chardges for drayning thereof and two thirds of all the grounds surrounded lying in Spalding and Weston called Bellesmore being the grounds of Sir Francis Iones Knight and two parts of the grounds called Turpitts lying in Weston aforesaid and a fourth part of the ground called East fen lying in Moulton and in Quaplode and Holbeche the one half After which divers Gentlemen whose names are exprest in the Map here exhibited became Adventurers for the exsiccation thereof and in order thereto caused the River of Welland from Waldram Hall to Spalding and thence to the out-fall to be made wider and deeper The drayn called the Staker draine about xx foot in bredth for to ease the River of Glen together with Hill's drayne and Uernat's drayne they likewise made new and perfected Exeter drayne from Cubbet tunnell almost to the Sea Neer Spalding they also erected a great fluce and made all the partition dikes in such sort as the Map sheweth By which works the water was so well taken off that in Summer this whole Fen yielded great store of grasse and Hay and had been made winter ground in a short time but that the Countrey people taking advantage of the Confusions throughout the whole Kingdome which ensued soon after the Convention of the late long Parliament as is very well known possest themselves thereof so that the Banks and Sewers being neglected by the Adventurers it became again overflowed and so remaineth at this time CAP. XLIV HOw the greatest part of this Province was at first gained from the Sea I have already in the Chapter of this my discourse briefly manifested that therefore which now remaineth to be spoken in reference to it shall be touching the farther improvement thereof by drayning and banking and the support of what was done in that kind before Wherein I purpose to begin with Crouland made famous of old by S. Guthlake an holy Hermite who neer a thousand years since for devotions sake betook himself hither as to a place of the greatest solitude How terrible and hideouâ— the parts hereabouts then were considering the vastnesse of the Fen I need not to make farther relation having elswhere so fully discoursâ—d of them I shall now therefore briefly point at what is most memorable touching the same in order to my present purpose After the death of this pious man S. Guthlake Ethelbald then King of Mercia whose Confessor he had been discerning how renowned he grew for sundry Miracles sought out his Sepulture and having sent for a Monk of Evesham called Kenulph who was then eminent for his holy life as also consulted with him for the gathering of a Covent did in the year of Christ DCCxvi begin the foundation of a goodly Monastery in this place which he indowed with the whole Isle of Crouland bounded with these waters viz. Schepishee towards the East Nene towards the West South Ee on the South and Asendik to the North where the common Sewer then was betwixt Spalding and the said Isle Which tract of ground containeth four miles in length and three in bredth and whereunto belonged those large adjacent Fens opposite to the said Isle on the West part lying on each side the River of Weland that towards the North called Goggislond extending two miles in length from Crouland bridge to Asaph where the entrance into the Isle is and one mile in bredth viz. from the River of Weland on the South side thereof unto Apenholt on the North to the bank of the water The other part of that fen lying Southwards of the said stream of Weland containeth also two miles in length from Crouland bridge to Southlake neer the Chanel opposite to Aspath having two miles also in bredth viz. from the said River of Weland to Fynsâ—tt on the Verge of the River Nene which is on the South side of the same Fen. And because the ground whereon the King designed to erect this Abby was so moyst and Fenny that it could not of it self bear a building of stone he brought an infinite number of mighty piles made of Oak and Alder which he caused to be driven deep into the ground as also a great proportion of firm and hard earth digged nine miles thence and upon those he raised that structure that Oratory which S. Guthlake had there being only of Timber And now though I have already pointed at the extent of this Isle from the words of the before-specified Charter of King Ethelbald neverthelesse because I find it afterwards more exactly set forth by the confirmation of other Kings and that the knowledge of those places therein exprest may give a clearer light unto what I am to say of thâ—se Fenny parts I shall take notice of two other descriptions of the said boundaries that first whereof is by Bertulph King of Mercia in the year of Christ DCCCLi viz. from Aswicktost hirne to Tedwarthar the water of Schâ—pishâ—e having the said Isle on the West part and the fen of Cappelade on the East And from Tedwarthar to Namans land hirne the water of the South Ee bounds it having the same Isle on the North thereof and the wood of Ancarig id est Thorney on the South And from Namans land hirne to Crouland bridge the River of Nene is the limit thereof having the said Isle on the East part and the Fen called Alderlound on the West And from
Crouland bridge to Wodelademouth the River of Weland is the fence thereto having the before-specified Isle on the East part of itâ— and the Fen called Goggeslound on the West And from Wodelademouth to the common Sewer of Asendik the said River of Weland is the limit thereof having the said Isle on the South part and Spaâ—ding fen on the North. And from the said Sewer to Aswiktost doth the water of Asendik bound it having the same Isle on the South parâ— and the Fens of Spalding Weston and Multon on the North. Moreover of the Fens lying opposite to the said Isle on the West side these were then the limits viz. from Namans land hirne to Finset thence to Groines thence to Folwardstaking thence Northwards to the stream of Weland where South lake enters thereinto and so passing over the said River of Weland and ascending to Aspath thence Northwards to Werwerlake and so by Harinholt to Mengarlake thence to Oggot otherwise called Dedmans lake and so by Apinholt and Wodelake Eastwards to Wodelademouth which is the boundary of the Isle on that side towards the North as Namans land hirne is towards the South Howbeit the Common of Pasture for Cattel extendeth farther than the before-specified bounds of those Fens Southwards even to the lands belonging to the Monks of Medeshamsted now Peterborough and towards the West of the Lands of the Monks of S. Pega now Peakirke in the South fens of Weland and in the North fens towards the West to the Town of Deping â— Northwards to Spaldeling The other boundary is by Edred King of great Britaine thus described in the year of Christs Incarnation DCCCCxlviij viz. from the triangular Bridge at Crouland by the River of Weland towards Spalding unto Asâ—ndike where Asendik falleth into the River of UUeland on the North part of a certain Crosse of stone there erected by Abbot Turketill and so upwards to the East by Asendick to Aswicktost Thence to Shepishee on the East side of the same Isle and so to Tedwarthar and there entring South Ee to Naman land hirne where the said Abbot Turketill set up another Crosse of stone six perches distant from South Ee the division of the Counties of Lincolne and Cambridge being in that water and the said Crosse being distant from the River of Nene five perches VVestwards And so along the said River of Nene as it runneth to the before-specified Bridge at Crouland VVhereunto belonged likewise the several fishing aswell in all the waters invironing the said Isle as in the Pools and Fens within the Precincts thereof together with the Marshes and woods of Alderlound situate VVestwards and opposite thereto all which were annexed to the County of Lincolne according to these subsequent boundaries viz. from Naman land hirne by the River of Nene westwards to Finset where there is a Cross of stone set up near the River Thence to Grinis thence to Folwardstaking and thence to Southlake where it falleth into Weland And so passing over the said River of Weland and beginning at Kenulphston near the stream over against Southlake where Kenulph the first Abbot of this Monastery fixed a Crosse of stone for the limit betwixt Crouland and Deping And thence tending Northwards near Aspath unto Werwarlake and so to Harinholt and then up by Mengarlake and Lurtlake where the bounds of Holand and Kestevene are Thence to Oggot and so to Apinholt otherwise called Wodelade where the same UUodelade falleth into UUeland VVhich ample possessions though they yielded not much profit in regard so great a quantity of them lay then for the most part under water yet can it not be denyed but that upon the invasion of those Pagan Danes in the time of Beorred King of Mercia they hapned to be their chiefest refuge the lives of most of the Monks of this Abby being then secured by means of these spacious Fenns in the reeds and thickets whereof they hid themselves to avoid the cruelties of those barbarous people whilst the rest of their Covent were murthered and the Abby burnt VVhich Monks so preserved and after that woful masacre returning again contented themselvs with such habitations as the ruines there left would afford them Nor had they better untill the time of King Edred that Turketill then his Chancellour taking to heart those their sufferings procured that King to rebuild it and not only so but out of his singular devotion to God and affection to this place giving six goodly Mannours thereto and causing himself to be shorn a Monk became afterwards Abbot there Whereupon through the munificence of that good King and the bounty of the said Turketill being thus restored to it 's former splendor there was no good means unattempted that might conduce to the bettering and improving of the lands thereto belonging for the most advantage as may seem by those endeavors of Abbot Egelric in the times of King Edward the elder and King Edgar who plowed up a large proportion of them for Corn which could not have been done without the help of drayning I presume for saith Ingulphus Fecit etiam in annis sicciatis culturam in suis paludibus c. In dry years he tilled the Fens in four places at the four corners of them and for three or four of years had the increase of an hundred fold of what seed soever he sowed Amongst which that Fen at Tedwarthar was the most fruitfull the Monastery being so much enricht by these plentifull crops that the whole Country thereabouts was supplyed therewith and a multitude of poor people resorting thither for that respect Crouland became a large Town The same Ingulphus who was Abbot here in the Norman Conquerers time saith that in his days they had not any such Tenants residing here at Crouland as upon their other Lands no man delighting to inhabit here any longer than he was necessitated so to do insomuch as those who in time of warr betook themselves hither for security as great numbers of rich and poor from the neighbouring Countries did afterwards returned back to their particular homes none continuing here but their own domestique family with their wives and childrenâ— to whom he did let to ferm a great proportion of the Marshes and Meadows belonging to this Abby for certain annual Rents and other services For without Boats there was not then any accesse thereto there being no path farther than to the gate of the Monastery But notwithstanding that the lands and possessions of this Abby were through the great bounty of several Kings and others given thereto with divers ample privileges and immunities and not only so but with fearful curses pronounc'd by those pious Donours against such as should violate any of their grants neverthelesse it appears that the Inhabitants of Holand bordering on the North-side of Crouland having drayned their own Marshes and converted them to good and fertile arable land whereof each Town had their proper portion wanting
periit multitudo saith Math. Westm. So that of little Vessels Cattel and people very many were destroyed And about seventeen years after there hapned such another wofull accident whereupon the King directed his Precept to the Shireeve of this County requiring him to distrain all those who had Lands within the precinct of the old Banks in these parts of Wisebeche to repair the said Banks as they ought to do according to the quantity of their holdings Which losses though they were very great might the better have been supported had not the before-specified obstruction of the fresh waters annoyed them in a more than ordinary measure which so much increased that in 13 E. 1. the Tenants to the Bishop of Ely in Welle Elme Wisebeche Leverington Neuton and Tyd complained thereof to the King in particular shewing that their Lands in those Towns by the great flux of waters running towards the Sea of Wellestrem and through the defect in repair of the Sewers Bank of Rughmere and other Banks antiently raised and to be made anew from Town to Town were drowned and not only so but that divers of the Inhabitants in those Towns being averse aswell to their own as others benefit did refuse to submit themselves to the Law and Custome of the Fen for remedy thereof the said King therefore constituted Hugh de Balsham then Bishop of Ely and Hugh Peche his Commissioners to make enquiry c. and to cause the said Bank of Rughmere to be repaired at the chardge of those persons whose Lands were preserved from the perill of inundation thereby or if need were to raise another in a more fitting place provided that by such repair and making of Banks from Town to Town no disherison or damage did befall Geffrey de Sandiacre and Clementia his Wife and their Tenants in Neuton and Tyd or any other person whatsoever After this within a few years the Sea-banks in these parts being again broken by the violence of the Tides the same Geffrey de Sandiacre and Iames de Beaumeys were appointed to view them and to take order for their repair But these irruptions of the Sea as they were casuall viz. when the North or North East winds accompanied extraordinary Spring-tides so were they not frequent nor did those flouds so long continue upon the Land as to destroy it by drowning the stagnation of the fresh waters producing much more damage which for want of evacuation for the reasons above-specified were a continual annoyance to the whole Coâ—ntry thereabouts insomuch as the Inhabitants of Marshland discerning the danger to that Province by the increase of those waters did in 21 E. 1. procure a Commission from the King bearing date the xixth of Iune directed to Peter de Campania Thomas de Hakford and Adam de Schropham to enquire farther touching the same and to apply the most proper remedy thereto Who thereupon sitting at Utwell upon Monday after the Feast of S. Peter ad vincula next ensuing and taking into consideration what ought to be done for restoring those waters of Utwell for so that great River of Ouse which had formerly passed that way was then called to their due and antient course did with the assent of the Country ordain that there should be three Dams made one at Utwell bridge another at Lytlelode bâ—idge in Upwell and the third at Fen-dyke-lake in Upwell also And because the Inhabitants of Marshland at whose instance the said Commission was procured perceived that this Ordinance for the making of these three stops would be for their benefit they without any authority from the said Justices given to them or from the Shireeve or any Bayliff of the Hundred did of their own accord and contrary to the tenor of the before-specified Commission make a stop of the said water at Lytle lode aforesaid and so continued it untill by the force of the water with the help of some persons who passed that way with their Boats a part thereof was opened And finding it so opened procured another Commission to Simon de Ellesworth and Thomas de Hagford to enquire thereof Who by by virtue of that Commission sitting at Upwell upon Wednesday next after the Invention of the Holy Crosse in the xxiiith year of the said Kings reign and making enquiry accordingly were answered that they had not any power by their said Commission so to do by reason they had no appointment for the stopping thereof Whereupon the said Thomas de Hâ—gford who was likewise associated with the before-specified Peter de Campania in the first Commission being asked whether himself and his fellow Justices at that time did then consent or give command for the damming of the said water of Lytle lode answered that in the Commission so directed to Peter de Campania and himself there was nothing contained but only touching the waters descending by Utwell without any mention at all of stopping the water of Lytle lode in Upwell and consequently no command to obstruct the same whereupon they the said Simon and Thomas forbore to do any thing farther therein But afterwards the same dayâ— the said Commissioners by virtue of another Precept for the view of Pokediche in Marshland whereof I have in the Chapter of this my discourse already taken notice did receive this following verdict from the Jurors then impanelled and sworn viz. that there was a necessity that the water at Upwell should be stopt at the house of one Raphe Smith of that Town and that the old course thereof should be clensed and enlarged from the Sluse at Elme unto that stop at Upwell xl foot in bredth and made in depth full six foot more than it was at that present And that there was the like necessity that the said water of Up well should have its course by the Lytle lode to a place called Wadyngstowe till such time as the said Sewer were so clensed enlarged and repaired as hath been said And that if the said Chanel called Lytlelode and Wadingstow would not be sufficient to carry those waters that it should be enlarged by the oversight of the Shireeve of Norfolk as need required And it was then also ordained that the Lyttlelode and Wadyngstowe should be kept open untill the before-specified Sewers were clensed viz. till the Gule of August in pursuance of which Ordinance that part of Lytle lode then remaining stopt after the said breach by the power of the waters and Boats so passing that way as hath been said was opened After this viz. in 27 E. 1. the said King directing his Precept to Will. de Carletone and Will. Howard to enquire concerning the breach of the said stop at Lytle lode by reason whereof the water could not have its passage to the Sea accordingly as it had antiently usedâ— they sate at Welle upon Wednesday after the Octaves of Easter and received this following information by the verdict of the
the Were and the dore and wider if need be so that no water be stopped or straightned 27 And from Clows Crosse unto the Northwest corner of Troknold in the river called Old Ee alias South Ee the one half of the said river to be clensed by the Landholders of Troknold and the other by those of Tyd S. Maries and Sutton and from Troknold field unto Marysh cote the one half to be clensed by the Bishop of Ely and his Tenants and the other by the Landholders of Sutton and Gedney it being the division betwixt Cambridgshire and Lincolnshire 28. That Guyhirne gole be stopped 29 That the Sewer called the New leame from Knar lake to Stanground being so grown up that no water can passe in dry years to the utter decay of Wisbeche river be diked 30 foot wide and 6 foot deep 30. That the Landholders of Wisbeche do make a Shut at Fytton brdg within the Town of Newton to stop the water when need shall be 31. That all the lands in Wisbeche on the North side the River ought to clense the high lode of Wisbeche from the 4 gotes to Eydikes brigge in Leverington in bredth xii foot and depth four and repair seven Bridges in the Town of Newton 32. That the great River of Wisbeche being greatly decayed raised and filted up by reason of the flowing and ebbing of the salt water for preservation therefore of the whole Hundred that a Sluse be made in the said River at the Horshoo in Leverington at the charge of all the Hundred of Wisbeche or any other place that shall take profit by it and to be made in bredth Lx foot and depth x foot from Guyhirne to the Sea 33. Also that there be two new rivers cast of each side of the said great river of Wisbeche the one to begin at Guy hirne Crosse and to extend to Kentoun's Corner the other at Tower house and to extend unto Kekys mill which rivers to be xv foot wide apeice and six foot deep and this to be done by the whole Hundred of Wisbeche 34. And that for the better preservation of the high Fen dike and the Countrey the Townships of Newton and Tyd S. Giles shall as oft as by any outragious tempests and waters it shall be in danger rise and come to give their attendance with the Townships of Wisbeche and Leverington to watch for the preservation of the same 35 That a Dam be made in the Lode at Hobs house to the end that by the stopping thereof in dry years the waâ—er may the better descend into the great river Leverington 36. That a Crest be made from Fytton bridge against the gole in Leverington by the Landholders on the North of UUysbeche that the water may run within the Bay 37. And that the heirs of Richard Everard Esquire shall maintain a dam in the xl acres lying between the lands late Geffrey Norman's and the heirs of the said Mr. Everard to keep out the gool water from drowning of Parkfield and UUratfield 38. That the Landholders of Harpfield and Sherefield in Leverington make a Crest in a place called two Lanes beginning at Shofendyke and leading to Blacklane in height 6 foot and in bredth 8. 39 That the Landholders in Southingham in Leverington make a dike called Overdyke beginning at Bellmylne Briggs and leading to Parson drove end and thence to Meysbrigge by the Landholders of Northinham And from thence to Blacklanffield otherwise called Lady outgote by the Landholders of Fenhalfield and thence unto Bond 's gote by the Landholders of Blacklanefield in height 6 foot and bredth xii 40. That the Landholders of Rymersfild in Leverington make a Crest in Pokle beginning at South-gate and so leading unto Birds drove in height six foot and bredth eight foot 41. That the Landholders of Newfield in Leverington make and repair a Crest in Alinne drove beginning at Bird's drove and so leading to Newfield pipe in height six footâ— and bredth 8. 42. That the Landholders of Pokefield make a Crest in Mill lane beginning at South gate and so leading to the Pipe at Birds drove in height six foot and in bredth 8 foot 43. That the Landholders of Richmund field make a Crest in Cattle dike beginning at Newer's dike and so leading unto Richmund pipe in height six foot and in bredth xij foot 44. That the Landholders in Richmund field and Newfield make a Crest in Turnmeredike beginning at Bond 's gote and so leading to Richmund pipe in height 6 foot and in bredth xii foot 45. That the Landholders of Longmeadow and Catfield make a Crest in Oldfendike lane beginning at Leonard's pipe and so leading on to Cakerow hill gate in height 4 foot and in bredth 8. 46. That a gool in Northinham and a gool in Southinham shall be agisted and made and the agistment thereof maintained by all the Landholders in Leverington the menure to be taken off the lands annexed paying to the Owners iiijd. for every Rod. 47. That the Landholders from the High Fendike to Newlane in Northinham shall make Newlane in bredth xii foot in the bottom and in height four 48. No stops to be made in those Sewers of Southinham and Northinham but that the narrowest place be six foot wide that Boats may passe 49. That the Landholders on the North of Wisâ—eche River who drayn through Leonard's pipe make sufficient a Crest beginning at Leonard's pipe and so leading by Popelane to Ives dike bridg in height four foot above the water and in bredth 6 foot And every one to keep their Heddings and their Cloues on the West side of Popelane according as heretofore 50. That the Landholders of Out Newlands in Leverington make a sufficient Dam in bredth 8 foot and height 6. at their lands ends at the North east side at the Windmill in Leverington to keep out the water from running in Wisbeche lode 51. That the Landholders of Southinham and Canonfield make a Crest from Dike corner unto Over dike in height six foot and bredth eight 52. That all the lands in Leverington ought to scour the high Lode from the Fendike unto the 4 gotes in bredth 12 foot and in depth 4. And all Stamps and Weres therein to be pulled up neverthelesse the Inhabitants to have a Common set in the said Lode at a place called Richmond greene from side to side according to antient old Custome Newton 53. That a Sewer be made in Longfield in Newton in bredth 8 foot and depth 4 between the lands of Ieffrey Colvile Esquire and Simon Trove and the lands of the said Mr. Colvile and Thomas Reynold from Mill lane unto Medow lane 54. That another Sewer be made in the midst of Longfield aforesaid from the lands of Ieffrey Colvile Esquire abutting upon the lands of Robert Roydan unto the aforesaid Sewer to be in bredth 8 foot and in depth four 55. That all Fish taken at the 4 gotes be converted to the use of the
to the Sluse by Ouse Cxiiii Rods and a half And they then also decreed that for taking away of the Sock of Bishop's dike and better drayning of this Fen a Drayn should be made under Bishops dike within the said Fen xxx foot at the least from the said Bishop's dike in bredth x foot and depth ..... the menour whereof to be cast towards Bishops dike The which Drayn to begin at Fenbridge and to go to the Barrs that part the Fen in the possession of Alex. Baalam Gent. c. thence to a pair of Barrs standing on Bishops dike next to the West corner of Malles fen then to the Drain called Langbech thence to Dods stile and thence under Greendike to the Sluse lately erected at S. Christopher's Chapel And that there should be another Sewer made from Hall's fen to the said Sluce at St. Christopher's Chapel And likewise that an antient Sewer belonging to the said Fen called Knights dike beginning neer Benford's Hall now Mr. Alex. Balaam's house and so passing under Needham dike on the North so unto Elme drove and thence to the Drove in Buriall field neer S. Christopher's Chapel should be kept and maintained in bredth xii foot and in depth five And moreover that the agisted Dike called Ea brinke beginning at Needham dike and extending from Maryes dam unto Dod's stile should be from time to time repaired And that for default in payment of the Acre-shot the Dikereeves to levy for every iiiid. by them expended vid. and for every iiiid. unpaid to levy vid. Likewise that an Indike be made on the North side of the Sewer extending from Hodghirnâ— through Bardolph fen and a new Sluse neer the River Ouse at the East end of Common lode and an Acre-shot of xiid. the Acre imposed upon all the lands in Nedham and Buriall for supporting the charge thereof And that for default in payment of the Acre-shot distresses should be taken and sold restoring the Surplusage in any Market within ten miles And at a Session of Sewers holden at Lynne Regis ult Sept. 33º Eliz. before Sir Iohn Peyton Knight Nich. Hare Hâ—mfr Guibon Edm. Bell Rob. Forest Tho. Oxburgh Alex. Balam Iohn Willoughby and Miles Forest Esquires it was farther ordered that whereas the Acreshots imposed upon Richard Fyncham Gent. towards the drayning of Nedham fen amounting to xxxvil. viiis. were not paid noâ— any distresse to be found upon the grounds charged therewith and that Rich. Fyncham and Rob. Fyncham interessed in the reversion of the said lands did refuse to pay the same that Iohn Fyncham of Upwell Gent. having paid the said sum to the Dikereeves should have the said lands for a certain term of years Upon the 19 of Sept. 39 Eliz. at a Session of Sewers held by Edmund Bell Iohn Reppes Tho. Hewar Tho. Oxburge Rich. Ogle Anthony Irby Alexan. Balam William Guibon and Iohn Hunt Esquires there were certain Laws and Ordinances made concerning the course of Welney stream and Welle stream with other Sewers the substance whereof are as followeth viz. Whereas it is evident that not only the Rivers of Grant Nene Ouse and Weland but the land-waters from the Counties of Hunt Northampton Cambr. and Norâ—f and some part of Suff. which border upon the Isle of Ely do stay in the Fenny grounds of the said Isle c. forasmuch as neither the several Rivers nor the other streams that are fed with the same as March stream the New Leame the West-water and divers Lodes within those limits be sufficiently clensed not imbanked for the ready conveyance of them to the Sea by means whereof the Out-ring Banks of Deping Croyland and South Ea in Com. Linc. and the Fen dike Waltersey Bank Bishop's dike Elme Ee brinke Coldham and Redmore Bank in the said Isle of Ely and the out-ring of Marshland as also the New Powâ—ike in Com. Norff. are in years of water much chargable to the owners and Inhabitants of those Countries and those Fenny grounds lye unprofitable The said Commissioners deliberately considering the redress do conceive that by renewing of the former depth and wideness of those Rivers Lodes and streams as also of the decayed Banks and by farther imbanking in places convenient the said Marish grounds will be perfected or much amended and therefore did ordain that Welney stream and Well stream from Litelport Chayre to Well ea and so towards Elme as the same have been accustomed to have their fall And March stream unto Shrewysnest where it falleth into UUell stream As also that the water of South Ea antiently called the Old Ea from Clow's Crosse unto Guy hirne before the x of December which shall be in the year 1598. shall be clensed and scoured by such as were to do the same And that the Lode called Small lode from the great River in Upwell to Ingram's hyrn be scoured by Sir Iohn Peyton Knight Dame Dorothy his wife or Edm. Bell Esquire for their lands in Upwell and Outwell parcel of the Possessions of the late Abby of Dereham and thence to Seman's goole and thence to Northdelph by those whose lands lye adjacent thereto So also Darcey-lode and Coxlode Likewise that Maid lode and Ship lode and the moytie of London lode which endeth at Northdelph should be perfected the Banks to be made in the bottom xvi foot and four in the top and five foot in height And the said Maidlode to be five foot deep and xxx foot wide by the space of the first 2 miles thereof And for the next two miles in wideness 25 foot and for the residue of the same and Shiplode xx foot with a Sluce at its fall into the River of Ouse in widenesse xii foot of water and in depth below the low-water-mark of the said River as it hapneth to be about Bartholmew tide all to be done by those that have interest of Common in Neatmore And the other moytie of London lode beginning at Upwell Causey to be done by the Inhabitants of Upwell for the residue of their Common called Neatmore lying without the limits Likewise that a Tax of x s. the Acre be imposed for erecting of Sluces heightning of Banks and making of Drayns and in default of payment thereof the one half of their lands who shall neglect to be sold. Moreover that for drayning of Denver fen a Sewer of xviii or xx foot in bredth be cut through the same to the great River of Ouse and a Sluce at its entrance thereinto And that the Bank called the Causey extending from the Crosse at Upwell Town 's end unto London lode head and the Bank called the Indike leading from thence by the North side of London lode to Welle streme at Northdelph with sufficient Indikes to the said Bank and Causey should before the first of Ian. next following be made and maintained of the like widenesse height and bredth as those that should be Purchasors or Lessees did or should make theirs between London lode
Beryall and Westmore fens to Wellenhey River and thence through certain Fenns of Norfolk into the Ouse about Mayd lode would be most necessary and that without so doing the Fenns could never be drayned Thence we went to Rebbech where Brandon River alias Ouse parva falleth into Ouse neer Preist houses Thence to Sotherey and Modney Thence to Helgay bridge Thence to Fordham Thence to Salters lode where Nene falleth into Ouse which is a very great descent viz. ten foot from the soil of the Fenns to the low water mark besides the natural descent of the Fen-grounds from the Uplands of Huntingdon-shire thither Thence to Wisbeche Thence to Tower house and so to Hobbs house where we observed that Plantwater which cometh out of Nene at great Crosse to the said Hobbs house with Staven Ea which were wont to run to Tower house and so to Wisbeche do now run from Hobbs house by Hunster stones through Hobbs dike into March River Thence we went to Marche and Dodington and between Dodington and Chateriz there is a small lode Besselinges lode which runneth through a low Marish Fenn Thence to Chateriz Towns end where there is a Sewer called Chateriz leame growing from the West-water at Chateriz Ferry unto Dodington weeles Thence to Mephall and there saw Mephall lode which runneth from Sutton lode Thence by water to Cambridge In which passage we took notice that Harrymere gravell was a great means of the overflowing of Grant As also of Burwell lode Swaffham lode and Botesham lode all which do fall into Grant Upon this view Mr. Hunt who was the Artist for the Drayning represented to the said Commissioners what Cuts Banks Sluses Clows c. would be in his judgment farther necessary in order to the perfecting this work all which they signified under their hands to the Lords of the Council together with their opinions how much it would tend to the honor and inriching of the Kingdome but declined in regard of shortness of time to give any estimate of the charge thereof or upon what conditions it would be meet to take it in hand And upon the xxiiiith day of the same Month the King himself by his Letters bearing date at Grenewich taking notice of theirs to the Lords of his Councill as aforesaid incited them to fall in hand speedily with the work and the rather because that was a dry Summer and so the more proper for it intimating also that for the better expediting thereof he had imployed his Chief Justice Popham to take pains therein Whereupon such good speed was made that upon the xiiith of the next Month this following certificate was delivered in to the said Commissioners then sitting at Wisebeche The true content or number of Acres in the Fenns described in the general Plot lying without the Fen-dikes as it was delivered by William Hayward Gent. Surveyor upon his Oath at Wisbeche 13 Iuly 1605. Acres BUrrough-soke great Fen with some severals by Catts-water 8015 Burrough little Fen. 900 Croyland Fenns in three pieces 2000 Certain several Fens and wet Meadows lying in Ely between Borrough Little fen Borrough great Fen and Catts water 763 Thorney grounds containing in all 15850 whereof in hard land 400 Acres in Fenn 15450 UUisbeche Hundred high Fen with Sutton Fen and Throkenholt severals 8365 Ladwers Ixwell-moore the Rivers c. and other severals betwen Coldham bank Bishop's dike the division of March UUelney-River and Darcey-lode 0740 UUittlesey and Stanground Common Fenns with divers severals and half severals between the old Ea and Thorney bounds the division of UUisbeche high Fenns and Dodington fenns and from that division by the High stream and Ramsey-mere to Knuts delph and by that Delph up to Horsey brigg in which bound Ramsey hath a part of a Fen next to Ramsey mere containing 2800 Acres 24435 Other Fens between the said Delph the high stream Ubmere UUittlesey mere and so by Conquest lode to Pocket-holme and the high Land 7390 Certain Fens in Huntingdonshire between the high land skirts and Ramsey-Hards and Mere and the said high stream and Conquest lode 13455 Other Fenns of Huntindonshire lying between Ramsey Mere the high stream to Benwick the West-water to Erith brigge and the skirts of the high land between the said Bridg and Ramsey Hards 13340 The Fenns of Dodington cum membris Common and several 32000 Hony Fens in all 370. viz. Hard land 90. Fen 280 Chateryz Fens together with certain Fens of Sutton and Byall fen with some severals lying between the bounds of Dodington and Hony the West-water Sutton lode and Oxwillow lode 20700 Sutton Fens on the South of Sutton lode between the West-water Haddenham fens and the Hardes of Haddenham Sutton and Mephall 2910 Haddenham fens between the former Fens the River of Ouse Wilberton fens and Haddenham hards 3870 Willingham fens on the South of the Ouse on the West of Aldrey-Causey besides Hempsall on the East thereof 2920 Wilberton Fens with part of other Fens between the Ouse and Hard land to Ely bridge 2790 Grunty-fen encompasseth with the high lands 1694 A Fen more North between Sutton lode by Coveney and the hard land of divers Towns compassing it 3780 Downham Wodfen and other Fens between the Fens of Litle port the Ouse and Ely hard-lands to the Town 2440 The Fens of Littleport on both sides of the Ouse Common and several 12660 Westmore South of Darcey-lode and West of Welney River together with divers severals 15360 Certain Fen grounds Common and several between Welney River and the Causey dike in Upwell 1105 Certain Fens Common and several between Welney River Maid lode the Ouse and Litleport grounds 8600 Part of Wisbeche high Fen lying in Waltersey with divers severals 4320 Marshland-fen and many other grounds between Maid lode and Spalding River the Fen banks and Sea banks which will be made dry by the general drayning 4220 The Fens between Helgay brigg and Stoke brigg by the River on the South-east the high lands of Stoke Wretton Wereham Dâ—reham and Wroxham on the North and the grounds of Edmund Skipwith Gent. on the West 2900 The Fens between the high grounds of Hocwold Wilton Feltwell Methwold and Northwold high lands on the East Soke River on the North the imbanked grounds of Helgay Modney Sotâ—erey and in part the River of Ouse on the West and Brandon River from Preist houses to Brandon brigg 23290 The Fens between Brandon River on the North the River of Ouse in part and Whelpmore and Burt fen on the West Mildenhall high land and River on the South and the high lands from Mildenhall to Brandon 22120 Between Mildenhall River on the North east Ouse from Prickwillow to Ely brigg on the North West Stuntney and Soham Causey the high ground of Stuntney Noruey Soham Isleham and Worlington on the South and East contain 11780 Between the said Causey and the high lands of Stuntney on the North Ouse and Grant from Ely brigg by
Up-were on the West Wickynhie grounds on the South and of Soham East 4297 The Fens and low grounds between Grant from Upwere to Clay hithe and Horningsey high grounds on the West the way from Quoy to Eambridge and Quoy and Bottesham high grounds on the Southâ— the two Swafhams Reach Burwell Lanward and Fordham on the East and of Soham and Wickin North 11950 The Fens between the high grounds of Teversham and Hinton West of Fulburne South of great and little Wilbram East of Bottesham and Quoy North 1240 Between Grant from Harrymere to Ditton on the East of Ouse from Harrymere to Aldrich bridg on the North Hempsall Yram and the high grounds of Rampton West and the high grounds of Cottenham and Denney Abby South 9480 Hempsall and Ireham East of Aldrich Causey 823 The low grounds from St. Ives to Erith bridge on the South the Fens of Willingham and Over on the East the high grounds of Swasey Drayton and Stanton on the South and the high grounds of St. Ives West 3529 The low grounds below St. Ives on the North side of Ouse between the said River on the South and East and the high land of Bluntesham Hallywell and St. Ives on the North and West 1871 The total sum 307242 Acres Whereupon the said Commissioners sitting at Wisebeche aforesaid upon the day and year aforesaid the Lord Chief-Justice Popham being then and there present made certain Laws and Ordinances the extract whereof is as followeth Ordered first that Sir Iohn Popham Knight Lord Chief Justice of England Sir Thomas Fleming Knight Chief Baron of the Exchequer Sir William Rumney Knight Alderman of London and Iohn Eldred Citizen and Cloth-worker of London their heirs and assigns shall within the space of 7 years next coming at their own proper costs and charges drayn all the Fens and surrounded grounds between the old course of the River of Ouse as it now runneth from Erith bridg to Salters lode and Deping and within the land Eas hereafter mentioned And convey the said River of Ouse or the greatest part thereof from some place at or neer Erith bridg aforesaid unto such place between Salters lode and Mayden lode as the said Undertakers c. shall think meet Which conveyance to be made between the bottom of the two uttermost Banks 30 pole at the least and the Rivers to be 30 foot wide and 8 foot deep And the same utmost Banks to be each of them 30 foot wide at the bottome and 7 foot in height at the least and if that height will not do to carry away the water c. then to raise them higher That the like passage be made at the entrance of the Fens neer Peterborough for the conveyance of the River Nene from thence to Wisbeche And so likewise for the River of Weland from its entrance into the Fens at Waldram Hall untill it meet with Glen That Land-Eas from Erith to Stanground and thence to Waldram hall be made to defend the grounds within them and between the said new passage of Ouse and Weland from the Land flouds falling from the Upland-Countreys which Land eas to be from the utmost part of the Fence dike 6 pole at least That a drayn be made from Salters lode unto the Ham in March River to carry away the water which shall fall into the same Land eas c. That a new Bank be made from Erith bridg to Ely to defend the grounds between that and the same new passages from the overflowing of Ouse As also other necessary Sluses and Drayns within the precincts before-mentioned with Bridges c. for passage c. That the Undertakers shall have such sums of money as the Commissioners at their Session shall think fit from those persons who shall take benefit by this drayning and not contribute part of their Lands towards the charge thereof That the Undertakers shall allow for the drayn at Clows Crosse in ease of this charge to the Countrey That a Navigable Sluse be made at Salters lode And that Well-Creeke shall be inlarged and diked to London lode and thence through Neatmore to Wadingstowe and thence over the River of Wellenhee as directly as may be unto or above the Ham in March River And a Sluse with a bridg to be made at Wadingstow to keep so much of the River Neene as shall be needfull in its old course through both the Towns of Welle In recompence of which performance the said Undertakers to have one hundred and thirty thousand Acres of statute measure of Fen grounds at fivescore to the hundred to be taken out of the worst sort of every particular Fen proportionably by the Commissioners before the Feast of the Annunciation of our Lady next coming the whole number of surrounded Acres being 307242. And that the Undertakers their heirs c. shall enjoy all the said waters Fishings and Banks of and within the Rivers with the Indikes and Land-Eas and liberty to take sufficient menure for the repairing of the said Banks c. which Rivers Banks Indikes c. to be accounted parcell of the said 130000 Acres so assigned to them And that the said Undertakers shall make good all drowned parcells out of their own proportions or in value in case the drayning be not made perfect to the Land-owners Of which quick dispatch his Majesty being advertised he wrote to them again from Theobalds upon the xxiiith of the same Month of Iuly by which Letters he commended their endeavours in the work and progress made therein and taking notice of some opposition which had been made by certain people thereto not knowing out of what spirit it proceeded desired them to take special care to suppress the spreading of all false rumours that might give distast to the Countrey touching their proceedings therein and with those who were then imployed by his Majesty in that service as also to examine the grounds of all such rumors and to punish the Offenders giving advertisement to his Majesty and the Councel of any mutinous speeches which might be raised concerning this business so generally intended for the publick good Shortly after this viz. upon Monday Aug. 5th Mr. Hunt Ric. Atkyns and others laid out the ground where the River through Neatmore should go by a straight line to Mumbes dikes end but misliking the way on Tuesday they veiwed New ditch and in the Northeast end thereof by the Pow dich laid out the Ditch to be led line-right from thence to the Cross at Upwell Towns end And upon Wednesday about 8 of the Clock the work began in the presence of Mr. Hunt who cast the first spit the wrong way Mr. Helon Mr. Totnall Mr. Hamon Mr. Iohn Fyncham Mr. Richard Atkyns and others And was prosecuted so well as that upon the xxith of December following being the Feast day of S. Thomas the Apostle the Bank at the Cross at Upwell towns end was opened and the River
in from them Whereupon the business being heard at large there ensued this following Order upon the ixth of April the King himself being present and likewise the Commissioners viz. That the Undertakers should on Tuesday following exhibit in writing what it was that they promised to effect and to specifie what they would demand as a recompence for their labours c. Which accordingly was done the Propositions of the Undertakers delivered in unto the Commissioners being as followeth viz. 1. That they did intent really to perfom the work of drayning of the Fens without any tax upon the Country excepting the deep Meers and Pools c. which were under the Levell 2. That when the work should be done they would assure competent Land for ever to stand lyable for ever to maintain and repair the same 3. To effect this Drayning within 3 years after a perfect Contract made with his Majesty for such lands as should be a competent recompence for their costs and pains and the same Land set out by Metes and bounds in severalty and sufficiently assured to them their Heirs and Assigns for ever c. 4. That in order to this work they would open the out-falls of Nene and UUeland and make those Rivers navigable as high as Wisbeche and Spalding 5. And lastly not to forget to preserve the Navigation between Cambridg and Lynne In recompense whereof they demanded these proportions in the several Fens hereafter expressed viz. 1. Of Buâ—rough great Fen one third part 2. Burrough little Fen Eye-Fen and Flag Fen. a sixth part 3. Crowland Fen 3 pieces a fourth part 4. Thorney fenns a half part 5. Wisbeche high Fen Sutton and Throcknall a third part 6. Fens on both sides of March River between Darcey lode on the South and Needham fen North 2 third parts 7. Wittlesey fens 1 half part 8. Stanground 1 fift part 9. Ramsey fens 1 half part 10. Huntingdon Fenns on the West of Ramsey by the River of Nene on the North up to Yaxley and the skirts on the South and VVest one half part 11. Huntingdon Fens from Eryth bridge up to Ramsey by the West-water and the River of Nene East and North one third part 12. Donington Fens in Common one half part 13. Donington Fens in several one sixt part 14. Fens between the West-water VVest Sutton lode in the Isle of Ely and Coveney drain South Oxwillow lode East Coxlode and Chateriz lode North together with Chateriz Fens on the other side to Donington one third part 15. Hunney fen one tenth part 16. Sutton and Hadenham fens one eighth part 17. Grunty fen one third part 18. A Fen by Sutton lode and Coveney between Dounham Hards one fourth part 19. Downham Wode fen and other Fens of Ely between Litleport grounds and the Ouse Elie-uplands and Scarlet tree lode one half part 20. Litleport Fens on both sides the Ouse one third part 21. Other Fens between Darcy lode North Welney river East one third part 22. Fens in Upwell and Outwell one half part 23. Fens between Welney-river and Welney Causey one half part 24. The Hale and Mr. Hawe's fen one half part 25. Fens on the North of Stoke River to the great River between Helgay and Stoke one fourth part 26. Fens between Stoke River North and Brandon River South one fourth part 27. Fens between Brandon River North and Mildnall River South and Litleport Fens West one third part 28. Fens between Mildnall River and the great River up to Harrymere and the Uplands of Isseham Fordham and Soham one fourth part 29. Soham Fens by Wicking hards on the South one sixt part 30. Fens between Wicking hards on the South Homyng fen Quye and the River of Grant West one fourth part 31. Fens on the South of Quoy compassing of Fulberne field one fourth part 32. Fens between the River of Grant East and the Hards of Milterne UUaterbeche and Denny Abby West and so extending West between the River of Ouse on the North and the hard land South up to S. Ives bridge and a part on the other side of Ouse between Erith and S. Ives one eighth part of the better one fourth part of the worse 33. Fens or drowned Lands on the North side of Wisbeche 2 third parts The Answer of the Commissioners to these Propositions That they had no power to take away any mans land without his voluntary assent And that the authority which they had by their Commission to which they were strictly bound was only to rate the charge of every particular man towards any such general work according to the profit which every such person should receive by the same And forasmuch as 't was impossible to be discerned before the work were finished who should have profit thereby or how much they could not legally procure any such assurance before hand But if the Vndertakers would be constant to their Propositions which themselves had before that time at divers Sesions of Sewers published viz. that they required no other recompence for their intended work than a moity only of the cleer profit which by their sole industry and charge they should bring unto each particular owner of these surrounded grounds more than formerly was received they should be ready as at the first to give the said Vndertakers all lawfull furtherance and assistance Provided that before they begun their work they gave security that they would not impair the Navigation in the Rivers of Ouse and Grant Vpon which terms if the Vndertakers did refuse to proceed the said Commissioners offered to do the work themselves according to the antient course and legal power of their Commission VVhereupon ensued this Order of the Lords of the Council by reference from the King made upon this Answer of the Commissioners bearing date at White Hall 12 Iulii An. 1620. 18 Iac. 1. That according to an offer then made on the part of the Country good security should be given to the Undertakers for a moity of the cleer profits which by the drayning should be improved upon every man's ground above the rate that then the same was valued at and that the security should be partly from the Owners and partly in case of Common by aid of the Commissioners with this Condition that the lands and parts of each County should be rated by the Commissioners of the said County 2. Concerning Prejudice of Navigation in the Rivers of Ouse and Grant it was ordered that the Undertakers being agreed with for their security in form aforesaid they should shew unto the Country the means they intended in the drayning of these Levells And therefore if the Countrey should find it either prejudicial to Mershland or otherwise and present their Reasons to the Board their Lordships concurring therewith all farther proceedings to be stayed 3. That consideration should be had that particulars receive no damage by this drayning but that the Owners have satisfaction out of those that were to receive
or at a large distance forasmuch as they are within the peril of the Sea and had or in some sort might have had safety and defence by the same Banks Ditches c. ought to contribute thereto according to the quantity of their tenure without any favour either to rich or poor of what condition state or dignity soever And to be compelled thereto not only by distresses and amerciaments but also by double the chardge and whatsoever other wayes or means is in the said Ordinances contained And for the fulfilling of all these things in the said Marshes of Monketone and Menstre it was then ordained and agreed that a common Bayliff should be elected by the Lords of the Fees and Commonalty of the Marsh within the said Marsh of Monketone and another Bayliff in the Marsh of Menstre to supervise do and execute all such things as to the Office of Bayliff of the Marsh pertained according to the judgement of the Jurats or Dike-Reeves Also that there should be chosen xij honest and lawful men by the Lords of the Fees or their Attornies and the Commonalty of the Marsh or six of the Marsh of Monketone and six of the Marsh of Menstre who had lands in the said Marshes lying in danger of the Sea which twelve to be assigned and sworn jointly to oversee the Banks Ditches c. in the said Marshes and to measure all the Lands Tenements and common of Pasture in those parts which either had or might have safety and defence in any sort by the said Banks Ditches c. to the end it might be known for how much they ought to contribute and who afterwards upon their Oaths might supervise those walls Ditches c. and place a certain Keire in every part of the said Banks of such height and thicknesse that the Marish grounds might be fitly preserved thereby And that they should hold their Last when and as often as it might be needful for any defect in repair And that a certain day be by them assigned within the compasse whereof those defects should be made good according to their discretion And if the said repairs were not compleated within the time prefixed that then the several Bailiffs within their particular Bayliwicks should lay out their own moneys and receive the double thereof And the xij men to give notice of the several defects to those Bayliffs after the repairs were not made good within the time so assigned And if any of the said Bayliffs Jurats or Dike-Reeves did die or not give content to the said Lords of the Fees and Commonalty others should be chosen in their stead by the Lords of the Fees or their Attornies if upon notice given they would come in and by the Commonalty of the said Marshes And they to be accounted Bayliffs or Jurats of every Marsh who should have the consent of the Lords of the Fees and greater part of the Commonalty of the said Marsh lest that by long delay much peril might happen Also that there be chosen out of the xij Jurats two men in either Marsh who were to be the Collectors of all such moneys as should be assessed for those common repairs viz. in Gutters Sewers Water-gangs and of the whole Bank which lyeth in common to be repaired and sustained And those two so chosen to make Collections and disbursements and of such their receipts and layings out afterwards to render a just accompt to the said Lords of the Fees or their Attornies and to the Commonalty of the said Marshes within the several Marshes And the Bayliffs of the Lords of the Fees to assist the said Collectors in the assessing and gathering the said moneys and likewise if need be to distrain for the same Also that the said Common Bayliffs should cause the said xij men to meet together as often and whensoever there might be need or that there was any danger to supervise all the Banks Ditches Water-gangs Sewers and Gutters and to take certain consideration before they departed of all the defects and likewise to assesse a certain portion of money upon every acre to each Tenant according to the quantity of what he held and also to repair and amend the said defects within a certain time whether that they belong'd to particular persons or the whole Commonalty and for the fulfilling of all those determinations that they be not only compelled by distresses but by amerciaments and double if need required And the said Bayliffs moreover should punish all such as being refractory to their summons did not appear And if any mans Land lying within the Banks of the said Marshes were digg'd for the repair of the said Banks Ditches Sewers or Water-gangs or for any new Bank or Ditch or for the making of an in-ditch or out-ditch that then the Commonalty of every Marsh should give satisfaction to the party damnified by the discretion and judgment of the said Jurats according to the usage of Marish Lands having alwayes respect to the quantity of the ground so digged or lost Saving always to the Lords of the Fees their right which they had and ought to have against their Tenanâ—s within their proper Fee aswell for having defence as for the taking double when through their Tenants default they did lay down their own moneys And lastly that if any thing of difficulty doubt or obscurity did fortune to arise in these Ordinances that it should be reserved to the Decree and Declaration of the before-specified Justices Nor was it the intent of the said Justices that any persons who ought to have safeguard by others or that held their lands under certain conditions should be by this Ordinance excluded from their defences and agreements in case that such their agreement were not derogarory to the Law And for the performance of these Ordinances William Shirreeve and Iohn Coopere of Hoo were appointed Collectors of the moneys to be levyed in Menstre and William de Everle and Thomas Hamon in Monketone The next year following which was the xvijth of the said King's reign I find that Iohn de Lovetot and Henry de Apuldrefelde being also constitued Commissioners for the viewing of the Banks Ditches c. in the parts of East Kent which were broken and in much decay through the violence of the Sea and to provide remedy for the same met at Erchesto on the morrow after the Feast of St. Iames the Apostle where all those that held Lands lying within the Hundreds of Eastri and Cornilo which lay in danger of the Sea by virtue of the said King's Precept attended them as also such and so many lawful men by whom the truth in the premisses might be the better known And it being then and there testified by the Commonalty of the Country that it was expedient for the said whole Commonalty to have one Bayliff and xij Jurats within those Marshes in such sort as they of Romeney Marsh and the Marshes towards Sussex then had the same
The next year following Richard VVakeherst VVill. Bertyne Thomas Betenham Thomas Hordene VValter Colepeper and Iohn Derham had the like appointment for the Banks c. betwixt Smalhithe and a certain place called the Pendynge and likewise betwixt Farnehille and a Bank leading from Mayteham to Pendynge aforesaid in the Parishes of Tenterden and Rolveldene with power to make Statutes and Ordinances for the preservation of those places according to the Law and Custome of this Realm and the Custome of Romney marsh As also to take so many Diggers and Labourers in respect of the instant necessity as should be needful for that work In 28 H. 6. VVill. Kene Esquire Iohn Bamburgh Stephan Slegge and others were in like fort constituted Commissioners for the view and repair of those Banks c. betwixt the Town of Redyng and Redehille thence to Huntebornebrigge thence to the up-land of Bregge and thence to the said Town of Redyng in the Parishes of Tenterden Apuldre and Wodechirche and to make Statutes and Ordinances c. as abovesaid In 13 E. 4. Sir Iohn Fogge Knight Sir Will. Haute Knight Roger Brent Iohn Fyneux VVill. Brent Iohn Nethirsole and Iohn Hert were in like manner appointed for those Banks c. betwixt Tenterdene and Lyde as also to make Laws and Ordinances c. as abovesaid In 14 E. 4. the King having received advertisement that the Banks Ditches c. lying on the Sea-coast and Marshes betwixt Robertsbrigge in Sussex and the Town of Romney in this County of Kent were by the raging of the Sea and violence of the Tides much broken and decayed to the great damage of those parts and being therefore desirous that some speedy remedy should be used therein did by his Letters Patents bearing date at Westminster 16º Iulii in the year abovesaid constitute Sir Iohn Fogge Sir William Haute and Sir Iohn Gilford Knights and Iohn Elryngton Iohn Brumston Henry Auger Will. Belknap and Robert Oxenbregge Esquires as also Bartholmew Bolney Roger Brent Iohn Fyneux Vincent Fynche Iohn Nethersole and Iohn Hert his Commissioners giving power to any four three or two of them whereof the said Bartholmew Roger Iohn Fyneux Vincent Fynche Iohn Nethersole and Iohn Hert to be one to take view of the said Banks c. and to enquire upon the Oaths aswell of Knights as other honest and lawful men of the before-specified Counties aswell within Liberties as without by whom the truth in the premisses might be the better known through whose default these damages had there hapned and who they were that had Lands and Tenements or common of Pasture or Fishing in those Counties or had or might have preservation and benefit any manner of way by those Banks c. or losse for want of them aswell those that were remote as those that were neer to the danger and to distrain all such according to the quantity of their Lands and Tenements or number of Acres or Carucates proportionable to what they held and so likewise for their common of pasture or fishing and together with the Bayliff of the Liberties and other places of the Counties and parts aforesaid for the repair of those Banks Ditches Gutters and Sewers and to make them or some of them new where need should require And likewise for clensing the Trenches and if cause were to stop them up so that no favour should be shew'd to any person whatsoever rich or poor or of what state degree or dignity soever who might have advantage by the said Banks or detriment for want of them And moreover to make agistments upon the Sea-Ditches for the safeguard of those parts according to the number of acres or perches and as often as it should be needful to renew them And likewise to depute certain diligent and faithfull Guardians for the preservation before mentioned and to hear the Accompt of the Collectors of moneys which were to be levyed for that occasion and for the repair of the said Banks or obstruction of those Trenches And that they the said Commissioners or any four three or two of them whereof the said Bartholmew Roger c. to be one to take distresses either by themselves or others whom they should think fit to depute for that purpose for the arrerage of what ought to have been Collected as often as need should be And also to make and ordain fit and necessary Statutes and Ordinances for the defence of the Sea-coasts and Marshes aforesaid and the adjacent parts according to the Laws and Customes of this Realm of England and of Romeney Marsh. And to hear and determine all the premisses aswell at the said King's sute as the sute of any other whasoever which should come in question before them according to the Law and Custome of this Realm and the Custome of Romeney Marsh aforesaid As also to take and imploy in the said works and repairs as many Ditchers and other workmen and labourers as should be expedient for the works and repairs before mentioned upon competent salaries to be paid to them in that behalf in regard of the great urgent and instant necessity for expedition therein Futrher requiring the said Commissioners and any four three or two of them whereof the said Bartholmew Roger c. to be one to accomplish the premisses in form aforesaid and whomsoever they should find either negligent or refractory in making their proportionable repairs belonging to them to compell them thereto by distresses and amerciaments and such other wayes and means as they should deem most expedient to the end the said defects might be suddainly made good And to cause whatsoever they should ordain and determine therein to be firmly observed acting therein as to Justice appertained and according to the Law and Custome aforesaid Saving to the said King all amerciaments and other things herein to him belonging Whereupon afterwards viz. on the tenth day of April in the xviijth year of the reign of the same King the said Justices were informed that all the Lands and fresh Marshes lying within the subsequent limits viz. betwixt the Marsh called Cowelese towards the North the lands in the Ree leading from the said Marsh to the place call'd Lynkehoke neer Romeney towards the East the way leading from the said place called Lynkehoke by the inside of the Bank at Lyde and through the midst of the high street of that town to Pigwell and a place call'd the Holmestone lying without the Bank called Wikewall the Land of Promhill situate without the Banks called Simondes Wall and Kent Wall and the gulf of salt water running from the Camer unto the said Marsh called Cowelese towards the West excepting the Marshes called the Kete Denecourt mershe and Bourghser's mershe and other Marshes then lately taken in by the before-specified Iohn Elryngton and Richard Gilford Esquires with the Banks belonging to them were dayly subject to the danger of inundation by the Sea and salt water for default of repair and
support of the Banks of the Marshes called Estmersh and Becard and of divers other Marshes which lying within those limits except before excepted served for the defence and safeguard of the same Land and Marsh from the peril of the Sea and inundation of the salt water were through the violence of the tides and overflowings of the fresh waters running to the Sea broken in many places so that inestimable losses would very likely happen in a short time unlesse a speedy remedy were taken By reason whereof by virtue of the said Letters Patents the Shireeve was commanded that he should not neglect for any Liberty but cause xxiiij aswell Knights as other honest and lawful men of this County by whom the truth might be the better known to come before the said Justices at Apuldore in the said County on the Thursday before the Feast of the holy Trinity then next ensuing to enquire and make certificate to the said Justices concerning the Premisses and touching other Articles and circumstances specified in the said Letters Patents and lastly to do and receive what should be enjoyned them on the said King's behalf At which day came before the said Iohn Fogge Iohn Scotte Will. Haute Iohn Elryngton Iohn Brumstone and Iohn Nethersole six of the before-specified Justices at Apuldore aforesaid William Brent who prosecuted for the King in this businesse And Richard Haute then Shireeve of Kent made return of the said Precept to him directed executed together with two several Panells affixed thereto containing the names of the Jurors to enquire in form aforesaid All which being performed as of right it should be Robert Godfrey Thomas Ieffe Will. Hikke and others of the first Panell made their appearance and being severally sworn as is evident by those Panells and charged to enquiâ—e of the premisses and not being agreed on their Verdicts did severally request a farther day for the delivery up thereof to the intent they might in the mean time make more diligent enquiry of the premisses and then present the same before the said Justices All which upon that their desire and by the assent of the before-specified VVill. Brent then the said Kings Attorney in this businesse was granted and thereupon a day was given to the said Jurors to come before the said Justices at Lyde in this County upon the Friday then next following And the said Jurors were then advertised that they should in that interim enquire diligently of the premisses and then to appear severally to deliver their Verdict each man upon the penalty of xls. Upon which Friday the said Sir Iohn Fogge and the other Justices last mentioned did all of them personally go to the said Land and Marsh to take view of the Banks lying within the before-specified limits touching the danger whereof the said Justices had received information as aforesaid And then and there the Bayliff and divers of the Jurats of Romeney Marsh mentioned in the said Letters Patent as also other discreet persons to apply a fit and proper remedy for avoiding this danger and losse being expert men in the Statutes Ordinances and Customes of the said Marsh as also very many others who had and might have by those Banks safeguard and defence for their Lands within the said bounds except before excepted and then and there in their presence did take deliberate and diligent view of all those Lands and Marshes aswell at a distance as neerest to the danger and likewise of all the Banks and whatsoever else was necessary for the safeguard and preservation of those Lands and Marshes and did then desire of the before-mentioned Bayliff and Jurats of the said Marsh of Romney and of the other discreet and expert men advice and counsel for applying a fit and speedy remedy in this behalf And afterwards on the before-specified Friday at Lyde aforesaid came the said Will. Brent who then prosecuted for the King in this businesse before the said Sir Iohn Fogge and the rest of his said fellow Justices before named And aswell the said Jurors of the first panell as those of the second being impanelled in form aforesaid as also sworn and chardged to enquire of the premisses came and severally said upon their Oaths that in the said Lands and Marshes within those limits before mentioned except before excepted the wall of the Marsh of the Becard called Becard Wall leading from the Marsh called the Kete unto the Marsh of Estmarsh And also the Bank of the said Marsh called Estmarsh Wall leading to the Ree Wall were defective and stood in need of repair for resisting the Sea and salt water And if that the salt water of the Sea should enter on any part of the said Banks or in any place from thence to Holmystone aforesaid which is at the East part of the Bank called Newe Wall lying betwixt the Sea and the Land of Promhill aforesaid and that a resistance thereof could not be easily made all the Lands and Marshes before mentioned situate within the precincts before-specified except before excepted touching the danger whereof information was given in form aforesaid unto the said Justices would be in a very short time overflowed with the salt water to an inestimable damage And the said Jurors did likewise severally expresse that it would be proper for the safeguard and defence of all those Lands and Marshes except before excepted called Becard Wall and Estmarsh Wall to be sufficiently repaired as soon as conveniently could be and continually sustained against the violence of the Sea Storms and Tides lest the salt water should get in at any of them and thereby all these Lands and Marshes except before excepted be drowned And they farther said that it would be very expedient that the said Bank called Newe Wall which is without the said Banks called Kent Wall and Simonds Wall and within the bounds aforesaid except before excepted should be sufficiently repaired as soon as might be to withstand the rage of the Sea storms and Tides for the defence of the said Banks called Kent Wall and Simondes Wall and afterwards continually maintained for prevention of the peril of the Seas inundation whereunto those Lands and Marshes were subject And likewise the said Jurors in form aforesaid sworn and severally chardged did say upon their Oaths that it seemed to them expedient that the Lands and Marshes called Cheyncourt Seynt Thomas Innyng and White kempe which were within those precincts and lyable to the said danger should be drayned by one Sewer in the Land of Thomas then Archb. of Canterbury at Rounde mershe running into the Sea where the Gutter then was and that there should be made in that place Sluces and Gutters fit and proper for that purpose And that there should also be Bayliffs Jurats and other Officers within the said limits except before excepted for the view and conservation of the Marish grounds and Banks within those bounds except before excepted And that there should be had for every Sea-bank there a
Bataille Will. Westbury â— Provost of Eton College neer Windsore Iohn Faukes Clerk Thomas Hoo Esquire and Bartholmew Bolney were assigned to view and repair the banks c. within the Precincts of Batesford Ashburnehammesmille Godyngeshaven from Pevenese bridge to Newestclewes of Waltershaven and from Newestclewes by the Sea to the point of Godyngeshaven and from the point of Godyngeshavene to Romestrete and from Romestrete to Bellamsgutte and from Bellamsgutte to Densexgote and from Densexgote to Pykeledbrigge and from Pykeledbrigge to Swynesham brigge and to act therein according to the Law and Custome of Romeney marsh Several other Commissions there were in this King's time and afterwards in all which the Commissioners were directed to proceed according to the Law and Custome of Romeney marsh viz. in 34 H. 6. to Sir Richard Fenys Knight Thomas Echyngham Richard Dalyngregge and Iohn Passele Esquires Bartholmew Bolney and Martin Oxenbrigge for the Banks betwixt Sedlescombebregge in the Parish of Sedlescombe on the VVest part to Snaylham and the place called the Pyke in the Parishes of Brede and Gestlyng on the East part on both sides the common Watercourse betwixt the said Town of Sedlyscombe and Wynchelse In 36 H. 6. to Sir Richard Fenys Knight Sir Roger Leukenore Knight Nicholas Huse Thomas Hoo Barth Bolney and others for those from Coleworthe to Fleghambrigge and thence to the Sea In 37 H. 6. to Sir Iohn Pelham Knight Thomas Echyngham Henry Hall Robert Oxenbrigge and Iohn Copeldyke Esquires Bartholmew Bolney and Martin Oxenbrigge for those betwixt a place called Fodyr and the Town of Wynchelse In 3 E. 4. to Sir Roger Leukenore Knight Will. Sydney Iohn Ernely Thomas Tawcke Humfrey Hewester and Iohn Goryng for those Banks from Coleworthe to the Sea In 5 E. 4. to Sir Thomas Echyngham Knight Barth Bolney Henry Halle Rob. Oxenbrigge and Will. Baker for those from Yham in the Parish of S. Leonards and from Yham to the Lands called Cregge and the Lands of Iohn Fynche In 6 E. 4. to Sir Roger Leukenore Knight Nich. Huse Esquire Iohn Fuyst Iohn Goryng Will. Ernele and others from the water of Coleworth to the Sea And in 14 E. 4. to Sir Iohn Fogge Sir Iohn Scotte Sir Will. Haute and Sir Iohn Gilford Knights Iohn Elryngton Iohn Bruaston Henry Auger Will. Belknap and Robert Oxenbrigge Esquires Barth Bolney and others for those betwixt Roberts brigge in this County and the Town of Romeney in Kent In 17 E. 4. upon an Inquisition taken at a place called Dencourt's marshe the Friday next after the Feast of the Nativity of S. Iohn Baptist xvij E. 4. before Sir Thomas Echyngham Knight Henry Aucher Gervase Horne Robert Oxenbrigge VVill. Belknap Henry Belknap Iohn Bradford Iohn Copeldyke Iohn VVody and Thomas Oxenbrigge Commissioners to view and repair the Banks betwixt the River of Apildoure to Rye on the West part and thence to the Wall called Fresh walle on the East part and the Wall of the Monks of Christs-Church in Canterbury called Newe Walle as far as the lands belonging to the Abby of S. Augustines did reach on the South part the Jurors did then and there present upon their Oaths that it would be very necessary and profitable for the safeguard amendment and clearing of the said Marsh and prevention of drowning to that part of the Country adjoyning thereto that there were a new Bank made from the said VVall called Newe Walle by the Chanel leading from Apyldore to Rye and to the said water called Moreflete and thence to the said place called Freshe-walle as far as the lands then belonging to the Abby of S. Augustines did extend And that the said Bank should be in length from the said VVall called New Walle unto Moreflete aforesaid and thence to the said place called Fresh Wall upon the flat Marsh MCCiiijxx Rods and an half and in Crekes and Flets Lxix Rods. And they say that every Rod of the said Bank upon the plain Marsh might be made for two shillings and four pence and every Rod in the Crekes for xis. And they farther said that within the same Marsh by the making of that Bank there might be saved from the overflowing of the Tides MCCCCxij Acres of good Marsh of which number Miiijxx and two Acres were in Kent and CCGxxx Acres in this County and that all the said Acres in both Counties did lye together and contigious to the bounds of those Counties and adjacent to the said Marsh and that no one Acre could be conveniently taxed to the making of the said Bank without the other the assessment of them having been so time out of mind whereof were Tenants the Abbot of S. Augustines in Canterbury the Prior of Christs-Church in Canterbury Sir Iohn Elryngton and Sir Iohn Scott Knights Iohn Engham Thomas Ian the heirs of Iames Marshall the heirs of Robert Marshall the VVidow of Stephan Dene the heirs of Thomas Thurder and Robert Fermor Of which the Abbot of S. Augustines aforesaid was seized in the right of his Church in his demesne as of Fee in the said Marsh in Kent of CCij Acres the Prior of Christs-Church of Ciiijxx and xvi Acres Sir Iohn Elryngtone Knight of Dxxxiij Acres whereof CCLvi Acres in this County of Sussex Sir Iohn Scott Knight of Lxxiiij Acres in this County whereof VValter Roberd claimed a part but how much the Jurors knew not Iohn Engham of Lix Acres and one Rode of that part which lyeth in Kent Thomas Ian of xix Acres and an half of the like The heirs of Iames Marshall of half an Acre and a Rode The heirs of Robert Marshall of viij Acres and a Rode The VVidow of Stephan Deine of two Acres and a Rode The heirs of Thomas Thunder of xxiiij Acres and Robert Fermour of xxxvi Acres all lying in Kent And moreover the said Jurors affirmed that it was both reasonable and just that all the said Tenants should make contribution every man according to what he held in the said Marsh for the making and maintenance of those Banks And the said Commissioners by the consent of the said Jurors Bayliffs of Franchises and all others who were concerned in the making of the said Banks and repair of them ordained decreed and assessed upon every acre of land within the said Marsh a tax of nine shillings to be paid at the Feast of S. Peter ad vincula and at the Nativity of our Lord then next following by equal portions And they farther said that it would be most necessary and profitable for the preservation and good Government of the said Marsh that there should be chosen one Bayliff and one Collector and other Skawers of the principal Land-holders there who should have power in all things to be done therein according to the Law and Custome of Romeney marsh VVhereupon the said Commissioners by the assent aforesaid made choice of Sir Iohn Elryngton Knight to be Bayliff and
the Abbot of Fountaines was dischardged from the making and repairing a bridge called Wethington brigge lying betwixt Wethington and Thorpe Underwode In 1 H. 4. upon a Commission directed to Laurence de Allerthorpe then one of the Barons of the Exchequer Sir Thomas Metham Sir Will. Chetwyn Sir Gerard Ursflet Knights Will. Gascoigne Robert Thyrwhyt Robert de Waterton Hugh de Ardern Will. Hundegate and VVilliam Lodyngton for the view and repair of the Banks Ditches c. betwixt the Town of Pokelyngtone and the Rivers of Humbre and Derwent as also within the VVapentake of Herthill and liberty Hovedene whereby they were appointed to act according to the Law and Custome of this Realm the said Justices sate at Hovedene upon Thursday in Easter week in the year abovesaid before whom the Jurors presented upon their Oaths that there was a certain VVatercourse called Poklyngton bâ—k which had used to run directly ..................................... Hâ—re the Record is obliterated by moisture and dust in at least xl lines ...... And the said Robert ....... ought to repair all the VVatercourse of Foulnay aforesaid in form aforesaid unto the North part of Morgramenge for his Tenements in Holme aforesaid And that from thence Sir Gerard Salveyne Knight was obliged to repair the said VVater-course in form aforesaid unto the water of Peter de la Hay called Botelere water and from the beginning of the said Boteler water the said Peter was to repair the same in form aforesaid unto the water called Mallorys water for his lands in Spaldyngton And from the beginning of the said Malloryswater Sir Iohn Mauleverere Knight was bound to repair that whole VVatercourse of Foulney aforesaid in form aforesaid unto the water of the said Robert Constable for his lands also in Spaldyngton And from the beginning of the water of the said Robert Constable the said Robert ought to repair all the said Chanel of Foulney unto the water of the Prior of Ormesby for his Lands in Holme aforesaid And from the head of that water of the said Prior he the said Prior to repair all the course thereof in form aforesaid to Wâ—llumbrygge and Spaldyngholme And from thence Ioan the Widow of Iohn de Aske for the lands which she held for term of her life by the grant of Sir Hugh le Despenser Knight in Birsay the Prior of Ormesby for Spaldingholme Sir Robert Constable Knight for his Teâ—ements in Holme aforesaid Sir Thomas Bosvyle Knight and Anthony Bosvyle for his lands in Birsay and Peter de la Hay for his lands in Spaldington to repair the same VVatercourse of Foulney towards the VVest from the mid-stream therof for xij foot in bredth unto the traverse of Hebeldyke And that the Prior of Wartre ought to repair the said VVater-course of Foulney on the East part from Wellumbrygge aforesaid towards his own Land unto Hebeldyke aforesaid for xij foot in bredth And from thence Sir Thomas Bosvyle Knight and Anthony Bosvyle and Ioan the VVidow of Iohn de Aske for their Tenements in Birsay to repair the same for the bredth of xxiiij foot to a certain water belonging to the said Ioan. And she the said Ioan to repair hers to a place called Fochâ—eneere for her lands in Birsay And from thence she the said Ioan and they the said Sir Thomas and Anthony for their lands in Birsay to repair the same unto the water of Peter de la Hay there And the said Peter to repair his water for his lands in Spaldyngton in the land of the said Sir Thomas and Anthony Bosvyle And the said Sir Thomas and Anthony to repair theirs unto the water of Will. de Waldeby in Portington And the said William to repair the same from the head of his water for one Rode towards Metham enge And they said moreover that from thence Sir Thomas Metham Knight was bound to repair all the current of the before-specified water to Stokholme in Birsay towards a Meadow called the Hal enge otherwise called Metham enge in respect of that Meadow and thence to the West part of Constable Enge And that Sir Thomas Metham Knight for his Tenements in Birsay Ioan the VVidow of the said Iohn de Aske for her Tenements there and Sir Gerard Salveyn Knight for his Tenements in ...... â—me were to repair the same in form aforesaid And that Sir Robert Constable Knight was to repair the same Chanel towards his said Meadow called Constable enge And they said that the before-specified Beatrice the Prior of Wartre the Prior of Ellâ—rton William VVright Robert Constable Isabell VVill. de Thoxe Richard Simolfe VVill. Peresson Iohn Hastynges the Abbot of Seleby Iohn de Pothowe Iohn Wiltshire and Blanche Peter de la Hay Robert de Bevere Gerard Salvaine Iohn Maleverer the Prior of Ormesâ—y Ioan the VVidow of Iohn de Aske Thomas and Anthony Bosvyle Wil. de VValdeby and Thomas de Metham who ought to repair the said VVater-course of Foulnaye ought of right to have several fishing in those places where they or any of them did clense or maintain the same VVhereupon the Shireeve was required to summon the said Beatrice the Prior of Wartre and all the rest above-mentioned to answer c. Who came accordingly by their Attornyes and it being demanded of them what they had to say why they ought not to repair the said Chanel of Foulney in such sort as they had been presented they answered and severally said that they could not deny but that the same Chanel was obstructed and not scoured in those places in such manner and form as was presented and that they ought to clense and repair the same therefore they were severally amerâ—'d c. And the said Shireeve had command to distrain them to the end that he might be secured that the same water-course of Foulney should be well repaired as often as need did require And they presented moreover that Sir Robert Constable Knight thâ—n Lord of Holme in Spaldyngmore ought to repair the whole water-course called Langedyke from Constable Enge unto Whalsaye Ditch and that the same Chanel from Langedyke to Skelflete and from thence to Humbre ought to be xij foot broad and six foot deep And that the Prior of the Hospital of S. Iohns of Ierusalem in England ought to repair the said water-course of Langedyke below Whalsaye to Hotham Kerre in respect of his Lordship of Whalsaye and that the said water-course was then stopped and not scoured VVhereupon the Shireeve was commanded to summon the before-specified Robert Constable to answer c. who appearing accordingly could not deny but that he ought to repair and maintain the said water-course and therefore he was amerc'd And they likewise presented that there was a certain watercourse called Alderwent descending from a place called the Bothe hill in Queldryk unto the land belonging to the Chapel of our Lady of Storthwayt and thence to a place called the Halle bank in Storthwayt and thence to Middilhilbrygge in Est Cottyngwithe and thence
by the space of one Rode of land in the same Town and thence to a Close called Thom Parrok in the same Town of Est Cottyngwithe which Watercourse was so obstructed that the adjacent lands for default of clensing thereof were dâ—owned And that Robert Abbot of Fountaines ought and had used to repair the said VVatercourse from that place called Bothe hill to the Halle banke And that Thomas Abbot of S. Maries in Yorke ought and did use to repair the same from thence unto Middilhylbrigge And that Will. Woderowe of Queldryk ought to repair the same from thence for the space of one Rode And that the Prioresse of Thikhed ought to repair it from that Rode unto the Close called Thom Parrok And that the Chanel of the said watercourse being clensed ought to be xiiij foot in bredth and six foot in depth The Shireeve therefore had command to summon the parties abovesaid to answer c. who appearing accordingly could not gainsay but that they ought to repair the same VVherefore they were amerc'd and the Shireeve required to distrain them And they also presented that there was a certain watercourse called Newlandyke in Telburne descending from Landryk mose on the East part unto the Chanels called Dubbeldykes in Melburne which said Chanels do run to a place called Skategraves in Seton and thence by the current of two Sewers called the Fossedykes running betwixt Seton on the East part and Lathum and Folkerthorpe on the VVest unto the River of Foulnay and that the said Chanels were obstructed for want of scouring as also that the lands there sowed with corn together with the Meadows and Pastures adjacent were overflowed for want of repairing the same And that the Town of Melburne ought to scour and clense the same from Landrykmose to Skategreves and from thence the great Ditch unto a place called Doderesse on the North side And the Town of Seton Alice Hay Lady of Lathum the Prior of Ellerton the Town of Lathum Iohn de Pothowe and the Town of Folkerthorpe to repair all those other Chanels before-mentioned that is to say each of them for their lands and against their lands unto the said water of Foulnay And that the said Sewers ought to be xij foot in bredth and six foot in depth from Folkethorpe bridge unto the said water of Foâ—lnaye VVhereupon the Shireeve had command to summon them to answer c. who appeared c. and were amerc'd c. as abovesaid And they likewise presented that the VVatercourse called Blaktoft damme otherwise Haunsardamme which reacheth from Foulnay to the River of Ouse was then also obstructed and ought to be repaired by Richard Haunsard and the Town of Blaktoft for their Lands in Blaktoft and that the same ought to be xvi foot in bredth and viij foot in depth VVhereupon the Shireeve had command c. as abovesaid And they farther presented that the said Richard Haunsard ought to repair the same Chanel from Hunsardamme to Foulnay unto the South end of Gylâ—erdyke and therefore that he was amerc'd And that the Village of Blaktoft ought to repair the same from Haunsardamme as abovesaid therefore the Shireeve had command to distrain c. And the said Jurors also presented that the water-course of Langedyke from Whalsey to Skelflete ought to be xij foot in bredth and six foot in depth and that the same as also the watercourse of Ragolfdyke ought to be repaired by the towns of Spaldyngton Gripthorpe Wylughtoft Fowerthorpe Heâ—lâ—thorpe Melburne Bubwithe Lathum Seton Everyngham Herswell Holme Birsay Beleby Estryngton Portyngton Kaynyll Birland Ousâ—thorpe Hythe Sandholme Blaktoft Yneflete Cotnesse Saltmersk Skelton Sandhall Hothom Southclyff Northclyff and Scalby and that the said watercourses were obstructed wherefore the Shireeve was commanded to summon the Inhabitants of the said Towns who appearing could not gainsay the chardge therefore they were amerc'd and the Shireeve commanded to distrain them for the compleat performance of all those repairs And they likewise presented that the watercourse called Thornton damme which extended it self from Langdyke to the River of Ouse was obstructed so that the adjacent grounds were thereby drowned and that the same ought to be repaired by the Abbot of Thorntone for Thorntone house and also that Thorntone damme and ...... damme ought to be xvi foot in bredth and viij foot in depth The Shireeve therefore had command to summon the said Abbot c. And they also presented that the said Abbot was obliged to repair clense and maintain the watercourse from Langedyke unto the Town of Skalby and thence to the River of Ouse as it was before alleged wherefore he was amerc'd and command given to the Shireeve to distrain him by all his Lands And they moreover presented that the water-course called Temple damme which lately belonged to the Master of the Temple in England was obstructed so that the lands adjacent were thereby drowned which water-course ought to be repaired by Sir Stephan le Scrope of Masham Knight Lord of the Mannour of Faxflete from Mikilsyke with the Ditches in Helwysgote and Crakeputte to the water of Humbre wherefore the Shireeve had command to summon the said sir Stephan who appearing by Thomas de Waldeby his Attorney said that he could not deny but that he ought to repair the said watercourse called Temple damme from Carbrygge unto thâ— River of Humbre but said that he ought not to repair the same from Mikilsyke with it's Ditches in Hewysgote and Crakepitte to the said bridge called the Carbrygge any otherwise than a Commoner in Wallyng fen and desired that it might be enquired of by the Country c. VVhereunto the Jurors said that the said Stephan was not bound to repair the same watercourse from Mikilsyke with the Ditches in Helwysgote and Crakepiâ—te unto Carbrigge otherwise than a Commoner in the Marsh of Wallyngfen in such sort as he the said Stephan had in his pleading alleged and therefore he was dischardged thereof but because the said watercourse from Carbrygge unto the Rivâ—r of Humbre was not repaired at the time when the before-specified presentment was taken he was amerc'd and the Shireeve had command to distrain him And the said Jurors presented that a certain watercourse called Parkdyke descending from Haunsardamme Eastwards to Thornton damme and thence betwixt Scalby and Scalby grene unto Temple damme ought to be repaired by the Town of Blaktoft from Haunsardamme to Thornton damme and thence to the Temple damme by the Abbot of Thorntone and the Town of Scalby And that the said watercourse was obstructed towards Skalby by Henry de Kelme and others who threw earth into it by the command of Sir Stephan le Scrope of Masham Knight VVherefore the Shireeve was required to summon the said Sir Stephan and Henry to answer c. VVho accordingly appeared and said that there then was and had been time out of mind a certain Road-way from the Town and Mannour of Faxflete unto the same place where by
of Idel to Trent bank men rowing also with lesser Boats to look Swans over all parts of it betwixt Lammas and Michaelmasse And in like sort over Starr Carr and Axholme Carr insomuch as there was no lesse than sixty thousand acres of land thus overflowed by the said fresh waters The said King therefore being seized of this Island and of divers lands and waste grounds belonging to the same as also of and in the Chase called Hatfield Chase with Dikes mersh together with the Lordships of Wroote and Finningley in the County of Yorke all lying upon the same flat out of his Royal and Princely care for the publick good in regaining so great a proportion of surrounded land which at the best yielded little or no profit to the Common wealth but contrariwise nourished beggars and idle persons and having a Chase of Red Deer through a good part of this Fen which much annoyed and opprest the residue resolving by the advice of his Counsel partly for the easing of his chardge and increase of his revenue and partly for the improvement and reducing of so great a quantity of drowned and boggy ground to be made good Meadow Arable and Pasture for the general good did under the great Seal of England contract with Cornelius Vermuden then of the City of London Esquire by Articles bearing date the twenty fourth day of May in the second year of his reign the substance whereof was as followeth First that the said Cornelius should at his own chardge drain and lay the same dry beginning the work within three months after the said King should have agreed with those persons that had interest of common therein and finish it with all possible expedition That he the said Cornelius in consideration thereof should have to him and his heirs for ever one full third part of the said surrounded grounds to hold of the said King his heirs and successors as of his Mannour of East Geenwiche in free and common socage That he the said Cornelius should pay and satisfie to the owners of all lands lying within the same level and so surrounded such summs of mony as the said lands should be thought worth by four Commissioners whereof two to be named by the Lord Treasurer of England for the time being and the other two by him the said Cornelius That the work being finished there should be for the better preservation thereof a Corporation made to make Acts and Ordinances to that end as occasion should require consisting of such persons as he the said Cornelius and his heirs did nominate That within three years after they should be finished six Commissioners to be appointed viz. three by the Lord Treasurer of England for the time being and three by the same Cornelius his heirs c. to view them and estimate what the future yearly chardge might amount unto for the perpetual maintaining of them whereupon the said Cornelius to convey and assure the Inheritance of lands to such a value as might be thought sufficient to support that chardge And that whereas divers did claim common of Pasture in sundry of the said grounds it was agreed that the King should issue out his Commission under the great Seal of England to certain persons to treat and conclude with those Commoners by way of composition in land or mony concerning the same VVhereupon Commissions were accordingly directed to several Gentlemen of those Counties to treat and agree with all such as pretended right of Common within any of the Mannours above-mentioned which took effect with each of them except those of the Mannour of Epworth in this Isle But Sir Robert Heath being the then Attorney General exhibiting an information in the Exchequer Chamber against them three hundred and seventy who were all that at that time could be discovered to have right of common there came and submitted to such an Award as Sir Iohn Bankes the then Attorney general should make therein Who upon several hearings of all parties and their Councell made this Award viz. that of thirteen thousand and four hundred Acres belonging to that Mannour which was then to be drayned with the rest of the levell six thousand Acres should be allotted to the Commoners as their part or portion lying next to the Towns and so preserved for ever at the chardge of the said Cornelius Vermuyden and the remaining seven thousand and four hundred Acres to be set out in the remotest parts of those wastes to Sir C. Vermuyden and his participants for their third part and for the said late King's part in right of his interest as Lord of the soil which by consent was decreed in the Exchequer Chamber and possession thereupon established with the said Cornelius Vermuyden and his participants and to their assigns The agreement being therefore thus made this great work was accordingly begun and had so successful a progresse that with the chardge of fifty five thousand eight hundred twenty five pounds or thereabouts it became fully finished within the space of five years the waters which usually overflowed the whole levell being conveyed into the River of Trent through Snow Sewer and Althorpe River by a Sluse which issued out the drayned water at every ebb and kept back the tides upon all comings in thereof And now that the world may see what an advantage accrued to the publick by this noble though chardgable work I shall here from the before-specified Depositions observe First that since the drayning of Haxey Carr a great part thereof hath been sowed with Rape and other Corn for three years together and born plentiful crops That some part of the said Carr not worth above six pence an Acre per annum was after the said drayning worth xs. the Acre That several houses have been since built and inhabited in sundry places of the said Carr which formerly was drowned land So likewise in other parts of the levell That since the drayning the gounds are better worth xiijs. iiijd. an Acre than they were two shillings an Acre before That of ten Acres of drayned land fifty quarters of Rape seed have been gotten in one year and sold at xxxs. the quarter That of the said drayned grounds thâ—y have usually had three quarters and a half of wheat upon one Acre three quarters of Rye upon one Acre and eight quarters of Oats upon one Acre And for six years together seven quarters of Oats on one Acre That before this drayning the Country thereabouts was full of wandring Beggars but very few afterwards being set on work in weeding of Corn burning of ground thrashing ditching Harvest work and other Husbandry All wages of Labourers by reason of this great use of them being then doubled Hereunto I shall add what I find in that printed Relation before-mentioned viz. the State of the Case id est that the said Cornelius Vermuyden together with his participants and their assigns being in quiet and peaceable possession of what belonged to them by
associates then Justices of Sewers in this County touching their proceedings in a Commission directed to them for the view of the Banks and Ditches betwixt Boston and Barton aforesaid and enquity through whose default the breaches and decays therein were not repaired they certified that the Jurors impanelled and sworn before them by virtue of that Commission did upon their Oaths present that it would be much to the benefit of the North Common of Burghe near Waynflete and of the Tenants of the lands Meadows and Pastures in Wynthorpe and Ingoldmels on the VVest part of a certain Wardyke called Dâ—fdyke that there sâ—ould be a new Sewer made in Wynthoâ—pe contâ—ining in bredth xij foot by the Kinâ—s Elâ— for the drayning of the lanâ— meadow and Pasturâ—s there viz. from a place called Nedderhowe in Wynthorpe uâ—â—o a comâ—on High way called Châ—lgâ—tâ— beginning first from Nedderâ—owe at the lands sometime belonging to Robert Herrier of Wynthorpe on the East and West part and the lands of Robert the son of William Buttercake of Wâ—nthorpe on the East part and thence betwixt the lands of the said Rob. on both parts to the common high way called Chelgate And that one Floudgate should be new made and fixed athwart the same high way by which the said Sewer might run whereupon a Bridge to be erected by which travailers and Carriages might securely passe too and fro and from that Floudgate the said water to passe into an old Sewer made in Skegnes to Whete croft gote within that town and thence to the main Sea And they said that the quantity of the Lands Meadows and Pastures aforesaid which had preservation and benefit by the said Sewer were MCLxix Acres and 1 Rode whereof every Acre was assessed at xij â— for making of the said Floud-gate and bridge the name of every Land-holdâ—r and the particular number of Acres then held by him being there exprest In 41 E. 3. Sir Godefrey Foljaumbe Sir Will. Croiser and Sir Iohn Dâ—mock Knightâ— Simon Simeon and others were appointed to view and repair the Banks and Sewers upon the Verge of the River of Wythom from Marton dyke to Boston The like appointment in 42 E. 3. had Thomas de Ingelby Godefrey Foljaumbe Simon Simeon with others for those betwixt the Towns of Skidbroke and Humberstone So also had the said Thomas de Ingelby Iohn Moubray Godefrey Foljaumbe Will. Croiser and others for those betwixt Boston and Stikeswald Several other Commissions do I find afterwards to the like purpose viz. in 42 E. 3. to the said Godefrey Foljambe Iohn de Stafâ—ord and Iohn de Nessefeld Clâ—rks Iohn de Haghe and Iohn Amery for those from Saâ—tdet haven to Waynflet In which year it was presented that the Sewer pasâ—ng on the West part of of the High Road which drayned â—heves Creke South lade Northlade Lusdyke and Bullingbrooke Fenn ought to be repaired by the Tenant of the Duke of Lancasters fishing in Waynflete In 44 E. 3. to Richard de Raveâ—sere Archdeacon of Lincolne Sir Iohn de Welle Knight Thomas de Ingelby and others for those betwixt Ingoldmels and Grymesby In 47 E. 3. to Henry Asty Iohn de Boys Will. Wascelyn and others for those betwixt Buterwyk and Doneheved In 48 E. 3. to the same Henry and Iohn with Thomas de Brunham and others for those betwixt Gaynesourgh and Doneheved In 49 E. 3. to Robert de Wylughby Rob. de Crumwell Will de Skipwith and othâ—rs for those betwixt Skegnes and Grymesby In 3 R. 2. to Sir Robert de Wylugâ—by Sir Raphe de Cromwell and Sir Will. de Skipwith Knights Iohn de Hagh and others for those betwixt Skegnes and Goushull In 4 R. 2. to Iohn K. of Castile and Leon Robert de Wylughby Iohn de Welle Raphe de Crumwelle Will. de Skipwith and otherâ— for those betwixt the Towns of Wrangell and Barton upon Humbre The like in 6 R. 2. to the same Iohn K. of Castile c. Henry de Percy Earl of Northumberland Robert de Wilughby and others So also to l Henry Asty Will. de VVilughby Iohn Bussy Iohn de Hawe Robert de Haldanby and others for those betwixt Gaynesâ—urgh and Doneheved upon the Verge of Trent In the same year to Sir VVill. de Skipwith Sir Will. de Wilughby and Sir Raphe Paynell Knights and others for those betwixt the Towns of Coryngham and Frethyngham And betwixt Gaynesburgh and Coryngham In 12 R. 2. to Iohn Markham Gerard de Sothill Hugh de Mitford and others for those betwixt Gaynesburgh and Burton Stather on the East side of Trent and betwixt a certain place called Prest croft dyke and Donehed on the West part thereof In 13 R. 2. to Sir Iohn de Welle Sir Thomas Hungerford and Sir VVill. Skipwith Knights Iohn de Rochford and Iohn Hawe for those betwixt Tedeney and Skegenay In 15 R. 2. to Sir Philip Spenser Sir Henry Retteford and Sir Iohn Powether Knights VVill. Crosby Iohn Hawe VVill. Holme and Iohn Redenesse for those upon the coast of Humbre in the Marshes of Stallyngburgh betwixt the Towns of Imyngham and great Cotes By an Inquisition taken at Bullingbroke before Iohn Rocheford Iohn de la Lande and Iohn VVallis in the 17th year of King Rich. 2. and in the presence of Iohn Bushey high Steward of the Dutchy of Lancaster it was found that the Sewer called Goodike extending it self through the East fenne unto the Eas end had wont and ought to be xvi foot in bredth betwixt the banks and in depth eight foot but was then stopped by a VVear which VValter de Athall and VValter Randson had made there for that it was not then four foot deep and that it ought to be scoured and clensed by the said Walter and VValter Fermours of the fishing there or whomsoever else should be the Fermours thereof by the assignation and dimise of the Lords of Busâ—ingbroke and Dalby or their Bayliffs And it was also presented that the Sewer called the South lade extending from the Eastfenne aforesaid unto the Eas end ought and had used to be in bredth xvi foot and in depth eight foot and likewise to be repaired by those Fermours as aforesaid but was then also stopt by those Fermours of the Fishing And that the Banks of a third Sewer called Lyme beginning at Stepinge mill and extending it self to the Clow betwixt Steping and Thorpe ought to be repaired and raised higher by the Township of Thorpe And thence to the Ease ende called Lusdyke the bank on the East side to be repaired by the Towns of All hallows and S. Maries so that the water running into the said Sewers might no way enter the Fenn And that the said Sewer from the Clowes of Thorpe to the Eas end ought to be xvi foot in bredth and eight foot in depth being then obstructed by a VVear which those Fermours
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
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
of ground sowed with Winter Corn were in the seventh year of the reign of the said King Edward 3. overflowed and drowned to the damage of fifty pounds viz. every Acre xl d. And in the eighth ninth and tenth yearâ— for want of the like Drayning their losse was xlv l. viz. every year for each Acre xij d. And they said that the Town of West Walton with the Hamlet of Enemeth had a Bank for defence of the Sea beginning at Nobeche gotâ— and extending it self in length to a certain boundary called UUarthanglâ—stoke two miles and an half whereof one mile coâ—t them xl l. And that they had another Bank of defence against the Sea extending it self from a certain place called Mâ—râ—iche to Boxted hirne containing in length three miles the repair whereof did cost yearly in the whole vi l. And they said that the same Bank in UUest Walton was so broke in the VVinter preceding upon the said Monday next after the Feast of S. Hillarie that the Inhabitants of that Town and Hamlet were at Lx l. charge for repair thereof and for safeguard of the same over and above the cost which they yearly had used to be at therein And that in the said eighth year of the before-specified King on the same Eve of S. Andrew the Apostle they lost by the raging of the Sea fourscore Acres of land by reason whereof they were constrained to make a new Sea-bank of four â—urlongs in length which cost fourscore pounds viz. every particle x s. And that in the first year of the said King they lost seven messuages and sevenscore Acres of land and an half by the violence likewise of the Sea And in the tenth year of K. Edw. the second they also lost by the like means xiij messuages and eightscore Acres and an half of Land and in the second year of the same King Edward 2. xij messuages and sixscore Acres of Land And that they had a certain Bank called Pokediche for defence against the fresh waters containing in length one mile which stood them in xl s. per annum chardge And they said that the same Town and Hamlet did maintain three Gutters for drayning away of the fresh water one towards the Sea and two towards the Fen which were new repaired in the ninth year of the then King to the cost and expence of xl l. and that the yearly chardge in repair of them came to xx s. And that in Gutters Pipes Sewers and Bridges they spent yearly no lesse than Lx s. And they said moreover that the four Towns before-mentioned with the Hamlet had a certain Gutter called Knight's gole which then wanted repair as also a certain Sewer to thesame Gutter extending it self five miles in length the chardge in repair whereof amounted to Lx l. And they said that UUigenhale Tirington and South Lenne were neighbouring Towns and that UUigenhale had a certain Bank containing in length seven miles on one side the great River called UUigenhale hee And on the other side of that River a Bank of three miles in length And that they had a certain Bank for defending of the fresh waters as also Bridges Pipes and Sewers Causies and floudgates which occasioned them much expence every year And they said that on the morrow after the Epiphany in the third year of the then King a certain Bank on the West part of the said River by means of the raging of the Sea broke so that the Tides entred and overflowed a thousand Acres of Land sowed with Corn to the great damage of the same Town And that on the West part of the said River by reason of the like tempests hapning upon the Eve of S. Hillarie next before the before-specified Bank was broken and torn so that the tides entred bore down a House and overflowed CC. acres of land sowed with Corn. And that on the Eve of S. Andrew in the eighth year of the same King the said Bank was by the like mishap broken again for the length of three furlongs in a certain place called Burtys bithe insomuch as the tides flowing in thereat overwhelmed a thousand Acres of Land sowed with Corn And that on the morrow after the Feast of S. Hillarie then last past there was by the like means a breach made on the East part of the same River whereby eightscore Acres of Land sowed with Corn were overflowed And they said that the men of Tirington had a certain Sea-bank containing three miles in length and another Bank for defence of the fresh waters as also Gutters Bridges Sewers and Causies which occasioned them great expences every year And that the Gutter called Orehowe was broken on the Eve of S. Hijlarie then last past and likewise another Gutter called Newethrowe by the violence also of the Sea both which did then want repair And that a certain Gutter called Giggesthorne was also so broken that it stood in need of repair And they lastly said that the Town of South Lenne with the Hamlets had a Sea-bank and Sewers with Bridges and Floud-gates which were also very chargable to them The said King therefore much compassionating the great losses which the Inhabitants before-mentioned did sustain by reason of those lamentable breaches in their Banks and inundation of the Sea as aforesaid constituted Iohn Howard senior Gilbert de Hâ—thil Geffrey de Brusierd Iohn de Swaâ—ham and Adam de Walfokne his Commissioners to view the same and to make new Agistments for the same Sea-banks for the safeguard of the Country as often as need should require And the next year following there being a Tenth and Fifteenth to be Assessed and Collected which had been granted to the King in his Parliament held at Notingham about two years before upon the humble Petition of the Inhabitants of Tilneye Walpolâ— Walsoâ—ne and West UUaiton and the Hamlet of Enemethe as also of the Towns of UUigenhale and Tirington exhibited to the said King by which they represented their extraordinary losses by the before-specified inundations desiring that the Assessment might not extent to any other of their Goods and Catalls than what they had remaining after those their disasters the King tenderly commiserating their condition required Constantine de Mortimer and Iohn de Hedersete who were then appointed Collectors thereof in this County that they should not assesse it in the Towns before-mentioned otherwise than according to the direction which they had specially received from himself under his Seal to that purpose whereby Tilney was taxed at xl. UUalpole at xvil. viijs. Walsokne at xijl. UUesâ—waltone with the hamlet at xvil. ijs. UUigenhale at j xil. iiijs. Tiryngton at xvil. ixs. vid. And thereupon he commanded the Treasurer and Barons of his Exchequer that they should for the considerations aforâ—said accept thereof and upon payment of those sums dischardge them of the same In 16 E. 3. Will. Corbet Iohn de Houtone and Edmund Noen were constituted Commissioners
those fields as of all others lying within the Precinct of the said Bank called Pokediche to be then newly made that there should be made one new Pipe under the Bank called Kirkfield diche and under the great River there and the said new Bank on the VVest side of the said Priory of Mullycourt And likewise one new Sewer from the said new Pipe through Mullycourt drove to Rightforth lode thence into North hooke and thence into the great River which runneth from Salterys lode to Bishop's Lynne And that all persons having Lands and Tenements in the said fields called Plawfield and Kirkefield should always repair clense and scour the said Pipe and Sewer so to be new made unto Kightforth lode at their own proper costs and charges when and as often as need should require And that all persons and their heirs having lands in the said fields called Budbeche and Sandy field should have one Sewer there for avoiding the fresh waters thence into Blewe diche and from Blâ—we diche unto Rightforth lode And that the same persons so having lands in those fields called Budbeche and Sandyfield should repair and clense the said Sewer unto Blewediche for the future at their own costs and chardges whensoever need should require And that the same persons their heirs and assigns having lands in the said fields called Budbeche and Sandy field as also all the said Inhabitants of those Towns of Upwell and Outwell having common of Pasture within the precinct of the same Bank called Pokediche to be so new made as aforesaid should repair and maintain the said Sewer from Blewe diche to Rightforth lode for the future at their own proper costs and charges as often as need should require And that all persons having Lands in the said fields called Plawfield Kirkfield Budbeche and Sandyfield as also all the Inhabitants of Upwell and Outwell having Common of Pasture and Fishing within the Precinct of the said Bank called Pokediche so to be new made as aforesaid should repair the said Sewer called Rightforth lode unto North hooke at their own proper costs and chardges for the time to come whensoever need should require And they likewise ordained that the Abbot of UUest Dereham and his successors should new make repair and maintain well sufficiently for the time to come one Causey of six foot in bredth Eastwards throughout all that part of his land lying betwixt the old Pokediche on the North part and a certain piece of land belonging to the Abbot of Ramsey and another pertaining to Thomas Duke of Exeter on the South part and abutting on the before-specified great River towards the East And that the said Abbot and his successors should be justified and ordered for the not making and repair of the same Causey according to the Law and Custome antiently used in the Town of UUigenhale And that the said Abbot of Ramsey and his successors should also new make repair and maintain one other Causey of six foot likewise in bredth through another piece of his land lying on the East part towards the said great River And they farther ordained that every person having lands Common of Pasture or Fishing within the land of the said Abbot and Common lode should likewise new make repair and maintain one Causey well and sufficiently viz. each man against his own land towards the said great River And for the performance thereof that they should be compelled by the Steward of Thomas Duke of Exeter for his Mannour of Stow Bardolf his heirs and assigns in the Court of Stow-Bardolf And that all the Tenants and Inhabitants in the Towns of Downham hithe Wimbotesham and Stow Bardolf should new make as also repair and maintain well and sufficiently for the time to come a certain Causey beginning in a place called Common lode and extending it self from thence to Salterys lode All which Ordinances and Agistments so made in form aforesaid the Towns in Marshland before-mentioned as also Welle Wigenhale Dounham hithe Winbotesham and Stow Bardolf did for the time to come agree for themselves their heirs and assigns to observe and hold firmly It was therefore decreed by the before-specified Justices that the Inhabitants of the said Towns which had Laâ—ds Common of Pasture or Fishing within those fields and safeguard of the said Bank called Pokediche to be new made in such sort as aforesaid should for the future be obliged to repair and maintain the same according to the form and effect of the Inquisition Ordinances and Agistments before declared and to be distrained for the time to come for the performance thereof as often and when need should require In witnesse whereof the said Henry Rocheforth and Thomas Dereham did affix their Seals thereunto VVhich Inquisition and Ordinances were exemplified by the said King Henry the sixth under his great Seal upon the xijth day of May in the third year of his reign And in respect that the ground from Salterys lode to North delfe before-specified whereon the said Bank was to be raised was then the proper soyl of the said Thomas Duke of Exeter as part of his Mannour of Stow Bardolf the said Duke in confirmation thereof did by his Deed wherein he likewise stiled himself Comes Dorcestriae Harcuriae Admirallus Angliae bearing date the Monday next aftâ—r the Feast of S. Peter ad vincula in the said first year of the reign of the same King King Henry the sixth grant and confirm for himself and his heirs to Iohn Bishop of Ely Sir Iohn Colvile and Sir Henry Rocheford Knights Richard Peverell Thomas Karvile Thomas Dru Robert Karvile and Edmund Massingham Esquires and all the Inhabitants of Wigenhale Tylney Islington Cleuchwardon Terington Walton Enmethe Walpole and Walsoken in the parts of Mershland their heirs and assigns the said Bank called Pokediche so to be new made and raised for safeguard against the said fresh waters on the North part of the River which runneth from Welle to Salterys lode and Wigenhale beginning at Salterys lode aforesaid within his the said Duke's Lordship which extendeth it self in length from thence unto Northdelfe before-mentioned viz. ground containing xxiiij foot on the South side of the same Bank for the making repairing and maintaining thereof as also sufficient ground on the North side thereof xl foot distant from the same for the repair likewise and maintenance thereof provided that they should not dig any earth on the said North side thereof for the purposes abovesaid as long as the said Bank could be fitly repaired with the earth on the South side And he did moreover grant and confirm to the said Iohn Bishop of Cly and the rest of the persons above-specified their heirs and assigns that they not any of them should be molested in their passage to and fro in the making and repair of the said Bank wheresoever there might be cause for the same Saving neverthelesse to him the said Dâ—ke and his heirs Wayfe Stray and other amerciaments for
to be the charge of certain other lands of a C. Acres in Stowe on the North side of the Old Pow diche which is wholly in defect 16 All which Bank from Salters lode to the decayed messuage of North delf ought to be five foot above the Fen and in bredth in the bottom xviij foot and in bredth in the top xij foot And from the said Northdelf house to Mully court the said Bank ought to be in height vi foot and in bredth in the bottom xviij foot and in the top xij foot 17 And that the menure for the repair making of the same Bank ought to be taken on the South side xij foot from the foot of the same Bank saving in the time of great need and not on the North side of the same Bank but in the winter time and when for the inundation of the water it cannot be taken on the South side and then C. foot from the foot of the same Bank But because there is no punishment contained in the said Decrees for such offenders as take their menure within xij foot of the said Bank on the South side thereof whereby the foot of the said Bank in divers places is very sore diminished and the Lands and Tenements within the Salvation aforesaid much the more in peril wherefore we find it reasonable that it be now decreed that every person that shall take any menure on the South side of the said Bank within twelve foot of the said Bank except in time of great necessity shall lose and forfeit for every Rod so taken and decayed as aforesaid xs. the moytie to the finder of the same the other moytie to the Queens Majesty But notwithstanding all this care and cost so outragious were the storms and tempests which did beat upon these Sea-banks that on Monday and Tuesday the second and third of October in the year 1570. 12 Eliz. they made several breaches in them whereby all Marshland together with the Town of Wigenhale was overflowed with Salt water so that from old Lynne unto Magdalen bridge there were not left ten Rods of the â—aid Bank firm and whole to the extraordinary damage of all the Country How these breaches were made up I have not seen nor any thing else considerable touching these parts untill 39 Eliz. that there was complaint made at a Seâ—sion of Sewers then held at Beaupre Hall that in regard of the neglect of keeping the water in Rightforth lode within the Crests of the same the grounds on the North part of the said lode were in time of great inundations overflown which occasioned the Tenants thereof for avoiding of the water to cut the old Pow dike and to issue the said water into Marshland Fen to the great surrounding of the same and extraordinary losse to the Inhabitants and Commoners there It was therefore ordained and decreed by the said Commissioners that if any person or persons whatsoever should thenceforth attempt to cut the said Bank in any part thereof to the intent aforesaid or should lay any Pipe or Sluse for the waters to fall through the same other than such as were already laid should lose and forfeit to the said Queen her heirs and successors xxl. to be levyed of the Goods and Chatels of every such person upon every such default After this divers years there hapued a mighty tide upon the first day of April 1607. 5 Iac. which broke Catts banke and drowned Clenchwarton On the xvth of which month there was another Survey made of the before-specified New Pow dike together with an Agistment thereof by one Mr. Richard Atkins of Outwell which was performed very exactly by the Rod of xvi foot and an half of strict measure according to the number of perches charged upon every Town and began at the stone erected upon the said Bank neer Mullicourt corner by Saltham lake the number of perches from Mullicourt to Northdelf Close being there found to be CCCCxlix according to the large Hundred which perfectly agreed with the Books and Rolls of the Country From whence the repair of the said Bank on the South part and opposite to the said Northdelfe Close was assigned to the heirs of Sir Francis Gawdey Knight for the whole length thereof as antiently it had been And from that place it went on more towards the East from the East corner of the before-specified Close neer the Ditch unto a stone fixed nigh Salters lode which is the chardge belonging to Stow-Bardolf for those Lands called the Hundred Acres but this part was measured by the Rod of xvij foot and so accorded perfectly with the just number of perches antiently assigned to each Town of Marshland All which being done there were special Merestones set up by the said Richard Atkins which had peculiar names graved upon them by the consent of the Inhabitants and did distinguish the several proportions of the said Bank charged upon each Town And thence for the Hundred acres of Stow aforesaid unto the Ditch which compasseth the Tenement at Salters lode were xxiij perches and ten foot according to the said Rod. At which time it was agreed betwixt the Dyke-Reeves who were then in office that the proportion of the said Bank charged upon UUest Lynne should be transposed and agisted aswell above as below with Tilney and UUigenhale where the said Bank was more secure in regard that the Inhabitants of the said Town of Lynne had been found so negligent in repairing and maintaining their parts thereof And it was then also finally concluded betwixt the principal Guardians of the said Bank that this new survey assignation of parts should continue in force for ever and all formerly made in regard they were so confused to be utterly void The next year following on the xvith of August viz. 6 Iac. An. 1608 it was by a Law of Sewers decreed that a new Drayn or Lode should be made and maintained from the end of Chancelours lode unto Tylney Smethe on the South side of the Bank to the Fen-ward of the aforesaid antient Sewer which Drayn to be xij foot in bredth and four or five foot in depth Likewise that a Sluse or Gole should be made at the North end of Chancelour's lode to convey the waters of the Fen into the common Sewer And it was then also decreed that the Land-holders on the South side of Wisebeche should from that time forward â—ew and passe the water out of those their Lands lying on the said South side of Wisebeche between the River of Wisebeche on the North and Ingham field Halfpeny field and Spittâ—e field on the South and Gold banke on the West containing by estimation eleven hundred Acres of ground every year from the xxv of March untill the first of November by a Pipe of xviij inches square under the little River of Wisâ—beche at a place called New common into Enemeth field and so into Walsoken drayn and so to the Smethe
lode and that in consideration thereof the said Land-holders should pay to the Inhabitants of Marshland Cl. And on the xxvi of the same month it was farther decreed that all the rinde Banks within this Country of Marshland towards the Sea should be of the height and scantling hereafter expressed viz. in Terington Walpole West Walton and Emneth in height eight foot above the ordinary Marshtides and in bredth on the top ten foot And that the residue of the rinde Banks in Islington Tilney West Lynne North-Lynne and Clenchwarton to be of such height and bredth as the Dyke-Reeves should think fit As also that Register Books of Parchment be made by the Dyke-reeves in every Town containing the number of Acres of their Lands with the quantity of their Banks Walls VVood-shores and other defences which every of the said Towns are charged to make either to the Sea or otherwise And that whereas the Towns of Terington Tilney and Clenchwarton had In-dikes for their defence against the Salt water in case any sudden breach of the Sea-bank should happen it was decreed that the said In-dikes should be carefully maintained and repaired by those Dyke-Reeves out of the Common Acre-shot assâ—ssed within every of the said Towns After this at another Session of Sewers held on the xvijth day of April in the year of our Lord 1610 8 Iac. it being considered that this Country of Marshland was subject to surrounding aswell by downfalls of Rain as by the overflowing of the Sea and fresh waters and was therefore kept drayned by Sewers descending to Knight's-Gole the common out-fall to the great River of Ouse And that the said Gole by the flowing and ebbing of the Sea was then so silted up with sand at divers times especially in Summer that it obstructed the waters in the said Sewers to the utter surrounding of all the Fens and low grounds in the said Country And moreover that the said Gole in former times had been kept and perfected as also the fleet from the same unto the before-specified River by a certain antient pair of Clows placed up higher in the Sewer thereby one appointed for the taking in of the tides and so holding up the water betweâ—n a pair of Clows untill the River of Ouse were run low and then forcibly let go for the scouring of Sand out of the said Gole and Fleet And that the setting open of the said Gole and putting down and pulling up the said Clows would be both dangerous and troublesome by reason of the greatnesse and weight of the said Clows made to that purpose It was ordained and decreed that there should in consideration thereof be yearly paid out of every hundred Acres of Land being several within the said Rinde of Marshland which were drayned by the said Gole and had usually paid thereunto the sum of ijd. ob by the owners or occupyers of the said Lands and so after that rate And of every hundred Acres of Land lying on the South side of Wisebeche and Elme Oldfield and Outwell which then were or should be drayned by the said Gole by the owners or occupyers thereof vd. and so after that Rate And whereas the Land-holders of Oldfield in Clme and certain Lands in Outwell on the East side of UUelle river from Emneth unto Beaupre Hall and so to Stoning stile and thence to the old Pow dyke had at divers times drayned their said Lands in Oldfiâ—ld into Marshland through the out-rinde Bank of Marshland called Broken dyke and so through Emneth into Marshland Fenn as also their Lands in Outwell to the great hurt of the said Country by suffering those waters to run into the said Fen without any perfect Sewer to carry them down in any Gole to the Sea and likewise without paying any Tax Acre-shot or other contribution towards any Drayn Sewer or Gole in Marshland for the same It was then also ordered that the said Lands should not thenceforth be drayned into Marshland Fenn but by and under such conditions here expressed viz. that the Land-holders of Oldfield and Outwell should before the xxiiijth of August then next ensuing give unto the Land-holders of Marshland Cl. viz. the Land-holders of Oldfield Lxxvl. and they of Outwell xxvl. towards the making of a certain lode between Marshland Fenn and Smethe called Shore lode in widenesse xij foot and in depth four or five foot and towards the making of three sufficient Stone-bridges for Carts to passe over the said Lode But it was neither the strength nor height of those their Banks so repaired as aforesaid which could secure them from that dreadfull inundation of the Sea hapning on the first of November in An. 1613. 11 Iac. the memorial whereof I shall here deliver from an Inscription upon the East wall of the South Isle in Wisebeche Church To the immortal praise of God almighty that saveth his people in all adversities be it kept in perpetual memory that on the Feast day of All Saints being the first of November in the year of our Lord 1613. late in the night the Sea broke in through the violence of a North-east wind meeting with a Spring tide and overflowed all Marshland with this Town of Wisebeche both on the North side and the South and almost the whole Hundred round about to the great danger of mens lives and the losse of some besides the exceeding great losse which these Counties sustained through the breach of Banks and spoil of Corn Cattel and Howsing which could not be estimated Which losses with other things of note relating to the said Banks and the particular Towns then surrounded as they were presented upon Oath by the Jurors for the hundred of Frethebridge before the Kings Commissioners sitting at Lynne upon the ixth day of December in the year before-specified I have here likewise thought fit to transcribe The Presentment of the Iury for the Hundred of Frebridge in Marshland made at Kings Lynne 9 Decemb. 11 Jac. An. 1613. 1 Inprimis we present and say c. that there is belonging to the Town of Terington a Sea-dyke containing xiC Rode in length or thereabouts which was in good repair before the first and second day of November last whereof CCCCxx Rode were ruinated by the rage of the Sea that then happened and also one Bridge called St. Iohns bridge was then broken up 2 That there were at that time lost by the rage of the Sea c. 1876 sheep amounting to the sum of Lviij l. and more In great Beasts lost 120 valued at 322 l. In Corn sowed in the Fields 480 acres valued at xxx s. the Acre amounting to 720 l. Hay lost in the fields and barns to the value of CC l. Corn in the barns lost to the value of DCC l. Grasse in the Fields lost to the value of D l. Dwelling houses utterly ruinated and wasted xiij And Cxlii. dwelling houses there impaired to the value of a M l. Bedding and other Houshold-stuff
Fryday bridge did run and the Sluce at Welle River was stopt the waters in the Drayn rose over the Dam called the Stintings and Oldfield and so ran into Marshland For remedy whereof and that the Land-holders of Oldfield were at the making of the said Law tyed to no conditions of restraint or stopping which they then conceived fitting by reason the said UUaltersey drayne which was not before thought of ran within their field and did overflow the Banks and fill their Dikes with water which came into Marshland contrary to their Law and by reason that they in Summer time took in waters to fill their Dikes which they might spare to take if they would dike them and make watering places for their Cattel as Marshland did it was therefore ordered that the said Land-holders of Oldfield should passe and run their said waters therein under such conditions and with such cautions as by the Law of Sewers the Land-holders on the West side of Elme and Soâ—th side of Wysebeche did and not otherwise under and upon such pains and penalties as in that Law is contained The number of Acres in the several Towns of Marshland  Acres Rodes UUest lynne CCxlviij xij Clenchwarton xvC lx i. Tylney vM viiiC xi iij. Wigenhale iiiM viiiC xi iij. Terington iiiiM iiiC xxvi iij. Walpole iiiiM viiC xxvij  Walton iiM iiiiC xlv ii UUaâ—soken iiM viiC vxx i.  Emnetâ— Hawsted iiM ixC vi  Sum total in the Franchises and Geldable xxvii M viiC xxxix Acres  Sumin the Liberties viz. Terington Walpole Walsoken Walton Emneth xvM iiiiC xxvij Acres i Rode  Adde Tylney and Clenchwarton thereto xxiiM viiC xxxix Acres  An Agistment of the new Powdiche from Saltham lake by Mullycourt to Northdelfe â—ccording to the Books and Rolls of the Country containing iiiiC Lxiii Rode and ii Foot divided thus Emneth and Hawsted xli rode iii foot ii inches Walsoken Liii rode iii foot ii inches Walton xlvi rode xi foot Waâ—pole XC rode iiii foot vi inches Terington Lxxxii rode x foot x inches Clenchwarton xxix rode ix foot iii inches Tylnâ—y vxx xii rode x foot ix inches West Lynne v rode i foot Wigenhall iiixx xii rode xiii foot From Northdelfe to the hundred Acres charge are vxx xli rode vi foot iiij inches divided thus Emneth with Hawsted xlix rode viii foot i inch Walsoken iiixx iii rode xvi foot vi inches Walton Lvi rode i inch Walpole vxx viii rode vii foot ix inches Terâ—ngton iiiixx xix rode iiii foot ix inches Clencâ—warton xxxv rode ix foot xi inches Tyâ—neâ— vxx xv rode vi foot i inch West Lynne v rode viii foot xi inches Wigenhall iiiixx vii rode viii foot iii inches The old Powdich containing ........ Agiâ—ted thus  Rodes Foot Inches Emnâ—th and Hawâ—â—ed Lxvi viii iii. Waâ—â—â—kne iiiixx xviii xii viii Waâ—ton iiii â—â— vi viii v. Walpole viâ—x viii ix o. Terington viiâ—x xiii v. x. Clâ—nchwarton Lv. o iii. Tylneâ— xxx ix ii o. Wigenhale Cxv. ii ix Note that the true sum of this is viiC ix Rode xlix foot and iii inches Of which xlix if there be allowed xvi foot iiâ— inches to a Rode as is set down under Mr. Beaupre's hand then is the sum viiiC xii Rode and ix perches The little Powdich containing CCCxliii hath agisted thereon xxiiiM viiC iiiixx vii Acres and iii Rode every hundred Acres cometh to a Rode xi foot two inches a half and a Barley-corn which is the third part of an Inch. Agisted thus  Rods. Foot Inches Tylney iiiixx xvi xii o Clenchwarton xxv xiii vii Terington Lxxiii vi vii Walpole Lxxx. iiii o. Walton xli iiii o. Walsoken xlvii viii vi Emneth and Hawsted xxxvi viii ix The Ward dich from Wel gate to Sandyrood belonging to the Fraunchises with Tylney and Clenchwarton containing viiixx xviii rode xv foot Agisted thus  Rods. Foot Inches Tylney xliiii iii. o Clenchwarton xi x. o. Terington xxxii vi vi Walpole xxxv vi vi Walton xviii iiii vi Walsoken xâ— xiiii o. Emneth with Hawsted xvi ii vii Brokendike Agistment From Kyrkham lane to the turning against Mr. Blewick's containeth ....... Rode and is agisted iiiixx Rode from the middle of Mildam towards the house of the said Iohn Blewick To the which there is said Tilney Terington Walpole Walton Walsoken and Emneth containing xxiiM CC xxxix Acres So every Acre hath almost two inches Every thousand and iiiâ—x xii Rode v foot v inches and two Barly-corns iiM Cxxiiii Rode x foot xi inches and i corn iiiiM CC hath xlix Rode v foot x inches ii Barley-corns Every hundred and vi Acres hath a Rode iii foot ix inches Every Lxiii Acres hath ix foot x inches and a half  Rods. Foot Inches Tylney Lxviii ii o Terrington xlix xi x. Walpole Lv. vii vii Walton xxviii x. viii Walsoken xxxii x. viii Emneth and Hawsted xxv iiii iii. From Emneth bridge between the Town and the Smethe be xiiiiC xv Rodes which be thus divided  Rods. Foot Inch. Emneth with Hawsted Cxxx. viii o. Walsoken CLxviii xi o. Walton Cxlvii xi iii. Walpole CCLxxx vi ii iii. Terington CCLxi xiii vi Wigenhall CCxxxviii o. vii Tylney CCCLvi xv vi Clenchwarton iiiixx xiiii o viii West Lynne xv ii vi Drayns and Bridges lying within the precincts of the several Towns of Marshland Emneth A Drayn there belonging to certain Fields called Suffield and Haulsted extending from the common Sea dike called Emneth Sea dyke on the West part of the same Field and from thence to a place called the Styldes at which place the said Drayns do meet and from thence into the Fen. Which Drayns ought to be in bredth ix foot and in depth v foot Another Drayn belonging to Churchfield and Northfield extending from a place called Seadike-dole to a place called Knape more and from thence Eastwards towards Whicks brigg and so to Myd feder into the Smethe lode which is the common Drayn of all Marshland Another Drayn belonging to Newfield extending from Hallow crofts on the West and so to Ports bush on the East thence to Hawkyns brigge and so to Hungate dyke to a place called Nomans land corner and so into Smeth lode Bridges Over the first of these Drayns are three Bridges the one at a place called Lonhole the other at the end of the Drayn and the third between Ladyes drove and the great Drove of Emneth Another Bridge situate at the North stile of Emneth Another called Knapmore bridge set over Churchfield Drayn Another called Whicks bridge Another called Little Edge bridge Another called Hawkyns bridge lying over Newfield drayn Walsoken A Drayn there called the Maiâ—t Drayn extending from Holmes bridge on the North part of the Town to the common Sewer called Smethe lode Another Drayn on the South side of the Town beginning at Small lane in Larke lande and extending to a Bridge called Bronden bridge and so to Knapemore
out both in this King's time and K. Edward the second 's viz. in 35 E. 1. to William de Carleton Will. Houward Giles de Mounpinson and Iohn le Bretun In 1. E. 2. to the same Will. Howard Iohn le Bretun and Thomas de Ingoldethorp In 2 E. 2. to Henry de Staunton Iohn le Bretoun Richard de Walsingham and Thomas de Ingoldesthorpe In 6 E. 2. to Iohn de Thorpe Richard de Walsyngham and Thomas de Snyterton for the view of all the Banks Ditches Sewers c. in the Hundreds of Frethebrigge and Clackelose In 10 E. 2 to Iohn de Milford Robert de Maddingle William de Corton and Simon de B ....... for those in the same Hundreds In 15 E. 2. upon a Session of Sewers held at Tirington by Sir Thomas de Ingaldesthorpe Iohn Fytton Iohn de Hotoft and Will. Bataile the Jurors presented upon Oath that the Causey of Watlington called East wrodiche extending from Burfenne to Polberdiche and another Causey in the same Town called Polberdiche reaching from East wrodiche to the Eebrynke of Wigenhale ought to be raised in every low place so as it might be made equal with the highest and to be six foot in bredth throughout at the top And likewise that the Eebrinke at the River of Wigenhale ought to be raised in every place from Pulberdiche to Gerys dam so as it might be full two foot higher than the highest Water-mark which was in the thirteenth year of the said King Edward the second 's reign and to be ten foot broad at the top And that the Causey of Watlington called Gerys dam be raised to the same Levell as it then was in the highest place and to be xvi foot in bredth at the top And they said that the Sewer in the Cornfen of Watlington lying betwixt the Lands of William Chaplein and Iohn Saunfoly on the North part extending it self from the Meadow gate to the Broad beche ought to be scoured and a Bridge of three foot in bredth and as much in height made over the same in the way of Broad beche so that the water might run under the same without the South side of the Beche into the Hending Westward untill it should come to Will. fitz Thomas there divert the water through the midst of the narrow Beche to Skindeslediche then to run in that Ditch unto the Kings High way there a Gutter to be made 3 foot broad 3 foot high through the midst of the Kings high way and so to run in the Ditch betwixt the land of Roger Hestings and Maud Skindwell till it come to the Eebrynke in which place there ought to be a Gutter made three foot in bredth and as much in height through the midst of the said Eebrynke through which the water might passe to UUigenhale And that the said Sewer be clensed throughout so that it might contain eight foot in bredth And they said that the Gutter called Iuresgole and Goseygole with the Gutter running through the midst of the Kings High way opposite to the other ought to be enlarged each of them to the bredth of one foot and as much in height And that the Sewer extending it self from the Kings High way to the before-specified Gutters called Iuresgole and Goseygole ought to be scoured and enlarged to the bredth of six foot And for the repair and enlarging of those Causeys and Sewers that land should be purchased in some placesâ— every acre so imployed to be estimated at 5 Marks And they said that all the before-mentioned Causeys togeâ—her with the Eebrynke and Sewers aforesaid with the Bridges and Gutters ought to be made repaired inlarged and clensed as often as need required at the chardge of those which held Lands or Tenements in the said Cornfen of Walington betwixt the same Causeys or elswhere each man to be assessed according to the proportion of what he held and according to the benefit and safeguard which he had thereby And that there were in the field of Cornfen betwixt those Causeys four hundred and fourscore Acres and one rode of land And they said moreover that the Sewer in the Cornfen of Watlington extending from Eastwrodiche unto Meadow gate betwixt the arable lands meadows Sewers on the West part of Meadow gate from Watlington Hall meadow Southwards unto the Dam and the Sewer from the Lake at the Thwarlbek towards the South betwixt the Flegester and the Common and Westwards toward the Meadow gate on the East side of the Meadow gate Northwards to the Meadow gates end And the Sewer on the East part of the Beche from Polberesdich Southwards to the Gutter passing through the midst of Thurlanegate betwixt the Beche and the Hedlondole And the Sewer from the Calkecotecroft Southwards betwixt the Reyndole and Thurlongpythils and Forkescroft to the Cheker And the Sewer from the Thurlongpightels Southwards betwixt Thurlongate and the Lake to the Dam. And the Sewer from the Gutter passing through the midst of Thurlongate Westwards to Wigenhale crofts betwixt the Dam and Dich furlong And the Sewer from the Dam to Wigenhale crofts and the Dich furlong the Beche Northwards to Skindelesdiche And the Sewer on the East part of the Kings High way from the Dam Northwards unto Polberdich ought to be clensed as often as need should require so that the water coming into those Sewers might passe without any impediment at the chardges of those persons which have lands abutting upon them And that every Sewer should be six foot in bredth And they said that the Causey in Newland and Watlington on the South part of Gerys Dam ought to be raised from the land of Robert atte Dam Eastwardâ— unto the meadow of Peter fitz Iohn And that the Causey froÌ„ Gerys dam to Geylode drove lying at the East had lands in the Newland ought to be raised in every low place as much as where it was then highest and to be six foot in bredth at the top And that the said Causeys ought to be made at the chardges of those which have lands in Newlond quilot according to each mans proportion and the Commodity and defence which they have by them And they said that the Gutter in Newlond through the midst of Ee brynke betwixt the lands of Will. Lucas and of Maude the Daughter of Iohn Geylode And the other Gutter lying betwixt the land of Will. de Clenchwarton and the land of Thomas the Son of Rich. atte Greene ought to be enlarged as aforesaid And another Gutter lying betwixt the land of Thomas Bennyng ought to be enlarged As also another Gutter lying betwixt the Messuage of Will. Seaman and the Messuage of Clarice the Widow of Henry And likewise another Gutter lying betwixt the land of Iohn Leff and Peter Heward And another lying betwixt the land of Will. fitz Thomas called Wadys and the land belonging to the heirs of Thomas Bond And another lying betwixt
said River viz. from the great Bridge of Wysebeche to Sozelsdyke and the New dike from Sozelsdike to Geyhirne and the Fen-dike from Geyhirne aforesaid to Pigges drove each man according to the proportion of his tenure as often as need should require And they moreover presented that the Landholders in Leveringtone did use time out of mind to repair maintain and new-make a certain Fen-bank in Leveringtone from Pigges drove Crosse unto the Clouse which is the division betwixt Leverington and Sutton each man according to the quantity of his land according to an antient Agistmentâ— Whereupon the said Commissioners did decree the same accordingly And they likewise presented that the Landholders in Leveringtone did use and ought time out of mind to repair maintain and new make a certain Bank called Shoffendyke extending it self from the said Clouse to Gore-dyke in Neuton each man according to the proportion of his holding Whereupon it was accordingly decreed And they also presented that the Landholders in Neutone used time out of mind and ought to repair maintain and new make a certain Bank called the Shoffendyke beginning at the Gore-dyke of Neutone and extending it self to Tyd-Threddyng each man according to the proportion of his tenure as often as need should require Whereupon it was decreed accordingly And they presented that all the Landholders in Tyd S. Giles did use time out of mind to repair maiâ—tain and new make a certain Bank called Shoffendyke extending it self from Tyd-Threddyng unto the Egryndes in Tyd S. Giles each man according to the proportion of his Land Whereupon it was decreed accordingly And they likewise presented that there had been time out of mind and also ought to be two Clows in Leverington one at Rotespipe aâ— the charge of all the Landholders from Newbrigge drove in Wisebeche unâ—o the See dyke and the other at Meysland at the costs and charges of all the Landholders from Sozel dyke in Wisebeche unto Newbrigge drove in the same Town And they presented that the Prior of Ely and Sir Thomas Tudenham Kt. ought and had wont to repair time out of mind one Crest in Tholymesse drove in Wisebeche beginning at the Fendyke and extending it self to Tolymers in the same Town four foot in height and eight foot in bredth And that the Landholders of Geyhirne field of Wisebeche time out of mind had used and ought to repair a certain Crest extending it self from Blakedyke unto Mariotts brigge in the same Town in height four foot and in bredth eight And that the said Landholders of Geyhirnefield did use also time out of mind to repair the Crest from Maryottisbrigge to Tolymers drove neer to the common Sewer on the West side four foot in height and eight foot in bredth And they said moreover that the Landholders of Geyhirne Crosse in Wisebeche unto Sozel dyke ought to make and repair one Crest upon Blake dyke from Geyhirne crosse to Sozel dyke aforesaid in height four foot and in bredth eight And that the Landholders in Geyhirnfield as also of the lands of Will. Cause in Tolymersfield in Wisebeche ought to make and repair one Crest from Mariottesdrove in Wisebeche unto Doddesbrigge in the same Town neer to the common Sewer on the North part in height four foot and in bredth eight And that all the Landholders in Rechey field ought to make and repair one Crest from the said Clow unto Belymylle brygge neer to the common Sewer on the East part in height four foot and in bredth eight And that Thomas Hyptoft and his Tenants ought to make and repair one Crest in Rat Rowe on the East side of the way called Tolymersdrove unto Rat Rowe brigge in height four foot and bredth eight And that the Tenants of Hugh Sozell's lands in Wille Lake and of the lands of Mundeforth felde ought to make and repair a Crest in Gamyl drove from Doddesbrygge to Blakedyke in height four foot and bredth eight And they likewise presented that all the Landholders of the xxx acres in the Town hende in Wisebeche ought to make a repair a certain Bank called Belymylle dike from Belymylle brigge unto the land late belonging to Will. Beteyns in height four foot and bredth eight And that the Landholders in Sayersfield in Wisebeche ought to make and repair one Crest in Waldysgate from Belymylle brigge to Robyns brigge in the same Town in height four foot and in bredth eight And that the Landholders in Briggefield in Wisebeche on the North side of the River abutting upon Bridgedrove Eastwards ought to make and repair one Crest in Briggedrove in Wisebeche in height four foot and in bredth eight And that all the landholders in Wisebeche ought to make and repair a Clow in the Sewer of Wisebeche at a certain Bridge in Neutone neer to Fytton Gole for to stop the water there when need should require And they also presented that whereas there were three Pipes newly made in a certain field called Smal medows in Wisebeche one by the Bishop of Ely and his Participants the second by the Lord by Coldham and his and the third by the Landholders on the South side of the River of Wisebeche they were made too big in bredth and contrary to the Presentment of the Jurors it was therefore decreed that they should be amended the said Commissioners therefore did ordain and decree that the Bishop of Ely and his successors Sir Thomas Todenham Knight Thomas Hyptoft Will. Caus and his heirs the Lord of Coldham and his Participants and all others before-mentioned and all the Landholders within the said Town of Wisebeche as aforesaid should for the future be charged to make repair and maintain all and singular the Banks c. specified in the said Presentment according to the proportion of what they held as often as need should require And for the better safeguard of the said Town of Wisebeche they moreover did ordain that the Bank called Wisebeche fen dike should be barred in certain places needfull to prevent Cattel from passing thereon and that hassocks should be gotten in the Fen and laid at the foot of the said Bank in several places where need required And that all the Landholders of Oldfield in Wisebeche abutting upon the Sewer of Coldham ought to stop the ends of their Ditches beginning at Tylyry lane unto Coldham pipe And the said Commissioners also decreed and ordained that all Kedylls Stamps Dams and other Engines in the River of Wisebeche whereby the water was in any sort straightned or stopped should be removed and taken away and that no man thenceforth should make any stamps dams Kedills or other Engines in the said River from Geyhirne to the Sea upon penalty of Cs. to be paid to the Bishop of Ely for the time being And that there should be a Guardian appointed for the safeguard of the Countrey to oversee open and shut the four Gotes of Wisebeche Leverington Neuton and Tyd S. Giles yearly at the
bredth six foot and in depth three betwixt the land of Martin Thompson and the land of Iohn Mendham at the charges of the landholders who had benefit thereby And that another Sewer should be made in the same field in bredth six foot and in depth three betwixt the land of Iohn Rogerson and the land of Alice Pope at the charges of all those persons who had also benefit thereby And that there should be another Sewer made in Longefelde in Neutone of the like bredth and depth neer to the lands of Iohn Derby called Barowsdyke and betwixt the land of Simon Thomsone from Mil-lane to Medow-lane at the charges of all those who had Commodity thereby And that another Sewer ought to be made in the middle of the said field called Longfield from the land of Sir Iohn Colvyle Knight neer to the land of Iohn Godeknape unto the said next Sewer in bredth six foot and depth three at the charges of all persons having profit thereby And that all the hades of the lands of Fytton croftâ—s should be digged from Doddyke to Medow-lane in bredth eight foot and depth four at the costs likewise of those who had benefit thereby And that all the hades likewise of the lands of Fytton croftes should be digg'd in bredth eight foot and depth four from Lowynsfendike unto Doddys at the charges of those persons who should have benefit thereby And they presented moreover that there should be another Sewer made by the hades of the lands in the middle of Oldfield from Fdtton croftâ—s to the land of Sir Iohn Colevile Knight called Wortheynyscroft in bredth six foot and depth three at the costs of all such persons who should have Commodity thereby As also another Sewer at Wortheynyscroft on the South side unto Dod dyke six foot in bredth and four in depth at the costs likewise of such as should have profit thereby And they also presented that the Town of Neutone time out of mind ought and had wont to repair and make a certain Bank called Lowynsfendike beginning at Fytton and leading to Tyd Siddyke two foot higher than it was at that time in the best place and xij foot in bredth And that Iohn Symondeson of Neutone for the whole time aforesaid ought and had wont to make and maintain a certain Dam at the East end of the land in Newfield to restrain the water of the said Newfield from descending into the next field called Rolsefield And that the said Town of Neutone ought and had wont to make and repair a certain Bank in Neutone called the Gordyke beginning at Blokkyslane and leading to Shoffendyche in height six foot and in bredth twelve Whereupon the said Commissioners did decree accordingly And the said Jurors likewise presented that all the Landholders in Newfield in Tyd S. Giles ought and had used to make and repair one Crest in a certain field called Beeslane field in the same Town beginning at Tyd Syddike and extending to Brounesbrigge in height four foot and in bredth eight And that the Landholders in Southfelde in the same Town ought and had used to make and repair another Crest from Tyd Syd dyke to Brounesbrigge in height four fooâ— and bredth eight And that all the Landholders in Southfelde in the same Town beginning at the land of Iohn Houshold abutting upon a certain mansion called Beesplace unto Tyd Syd dyke ought and time out of mind had used to make one Crest upon Syd dyke beginning at Beeslane end and leading to Averey's crose in the same Town four foot in height and eight foot in bredth And that the Landholders in Southfelde aforesaid of the lands abutting upon Brod gate ought and did use to repair and make one Crest neer to the common Sewer on the South side in height four foot and in bredth eight And that all the Landholders in Bradeste of the lands abutting upon Hascroft lane towards the West ought and had used for the whole time aforesaid to make and repair a certain Sewer beginning at the Sewer next unto the land called Stokwellesland unto Brossebrygge in bredth eight foot and depth four And they likewise presented that all the Landholders of the lands in Halcrofte for the whole time aforesaid ought and had wont to make and repair sufficiently the common Sewers in Halcrofte unto Welmany flete thwarting the High way called Crosse-gate and so by the land lately belonging to Thomas Retherwyk and Iohn Mayner unto the land lately belonging to Iohn Bee but then to Iohn Hunstone and so betwixt the land of the said Iohn Hunstone and Isabell Retherwyk unto Sondy lane and there to make one Bridge of one foot in bredth and asmuch in depth and so betwixt the land of Iohn Lambard and the land late of Geffrey Cosyn unto Sedyk lane and the land of a certain field called Blohevede unto the Floudgates And that all the Landholders in Edykfelde from Blakeslane to Mosselane abutting upon Edyke ought and did use to make and repair a certain Sewer at the North point of the lands of Edykfelde aforesaid in bredth eight foot and depth four And they also presented that all the Landholders in Edykfelde ought and had used to make one Sewer at the North end of the lands of Edykfelde aforesaid abutting upon Edyke from Blakkeslane to Barrowsgrene in bredth eight foot and depth four so that the fresh water might have its course to Blakkeslane unto the great Sewer and so the Sea And that all the Landholders in Hornefeld ought and had used to make and repair one Crest in Brodgate in Tyd S. Giles on the South part of the Sewer called Marteynesfendyk unto the Corner where Will. Hubert then dwelt in height four â—oot and bredth ten And that all the Landholders in Cokley field ought and had used to make and repair one Crest in Botteleslane from Bottelesbrigge to the Ee dyke in height four foot and bredth twelve And that all the Landholders in Fendykfelde and North lane feld ought and did use to make and repair one Crest in Blake lane in Tyd aforesaid from Bottelesbrigge unto Tubbesbrigge and from the land of Iohn Ingleche unto Ee dyke in height four foot and bredth eight And that all the Landholders of the lands in Carrowfelde abutting upon Ee gatâ— from Gotebrigge to Northlane ought and had wont to make and raise one Crest in Eegate in Tyd aforesaid where need should be in height four foot and in bredth twelve And that all the Landholders in Tyd aforesaid did use and ought to raise and make one Bank called Byshopesdyke from Tubbesbrigge unto the Ee dyke in height four foot and in bredth twelve And they moreover presented that the Town of Tyd S. Giles ought and had used time out of mind to make and repair sufficiently one Clow or one Dam in the Common Sewer of Tyd next to the Land of Simon Canchâ—ne and Hascroft lane on the West-part and another Clow or one Dam in the
Pigs drove and Clows crosse to be made xi foot in height and xii in bredth by all the Landholders of the North side of Wysbeche and Leverington taking menure for the same at liberty and paying for every Rode of menure in length and bredth xvi foot and in depth 8 foot xvid. to the owner of the land 4. That Shofendyke otherwise called Harhold beginning at Clows crosse and extending to Goredyke in Newton be made in height 8 foot by all the Landholders in Leverington And from Gore dike to Tyd thredding in height and bredth as aforesaid by all the Landholders in Newton And from thence to Eegraynes in Tyd S. Giles in like sort by the Landholders in Tyd S. Giles 5. That the Conies be destroyed which do hurt to the Sea-bank beginning at Tyd gote and extending to Wysbeche Sluce 6 That a Crest be made from Fytton bridg against the gole in Leverington by the Landholders on the North of Wisbeche to keep the water within the Bay 6 That the Landholders in Iuly field make a Crest in Orech alias Mouth drove from the great River unto Black dyke in height six foot and bredth 8. 7. And that the Dean of Ely and Lord Berkley make a Crest in Tholomer's drove beginning at the Fendyke and reaching to Tholomers in height and bredth aforesaid 8. That the Landholders in Guyhirnfield do make a Crest from Blak-dike to Marytts brigge of the like bredth and height And from Maryts brigge to George Ramsey's house Corner on the East part of the Sewer to be made by the Landholders of Guyhirne field From Marytts bridg to Tholomers of the West side by William Butcher for his lands in Calves field so far as his lands do extend and the residue by the Inhabitants of Tholomer's drove From Guyhirn Crosse to Blakdyke end by the Landholders in Guyhirn field From Blakdike end to Mouth drove by the Landholders of Iuley field And from Mouth drove to Sondy dike alias Sorrâ—ll dike by the Landholders in Rummers field all of the like bredth and height 9 That the Landholders of Munthforth field make a Crest from George Ramsey's corner to Dods brigge Thence to Riche's stow to be made by the Landholders of Guyhirnfield William Butcher for Calves field and Munforth field From Riches stow to Belymyll brigg on the West side of the Sewer the Landholders of Richey field in height 4 foot and bredth 8. 10 That Tho. Gardner the heirs of Henry Repps Esquire the heirs of Laurence Cade and Agnes Talbot with their Coparceners do make a Crest in Ratrow from Tholomers drove unto Ratrow brigg in height 4 foot and bredth 8. 11 That the Lodebrinke in Murrow from Priors brigg to Mill lane end be made by the Tenants of the Dean of Ely Thence to Houshold brigg by the said Mr. Repps and Tho. Gardner and their Coparceners Thence to Belly myll brigg by the Landholders in Richey field in height six foot and in bredth 8. 12 That the Landholders in Willake and Munforth field make a Crest in Galles drove from Dods brigg unto Black dyke in height 4. foot and in bredth eight 13. That the Heirs of Talbot do make a Crest in Mampasse from Dodsbrigg on the South side the Common Sewer unto the East end of his Pasture of the like height and bredth 14 That Mil lane from Tholomers drove and reaching to Mill lane end to the Pipe in the Drove be made in height four foot and in bredth eight foot by the Dean of Ely and Lord Berkley 15 That the lands between Sorrel dyke and Bellymill dike from Belly mill unto Newdike otherwise called Sandy dike do make Sorrell dyke and Bely mill dike in height 6 foot and bredth 8 foot 16 That the Landholders in Sayrfield make a Crest in Wallys gate from Bellymill brigg unto Cheyneybrigg otherwise called Robbins brigg in height six foot and in bredth 8 foot 17. That the Crest beginning at Sorrel dyke and extending to the Church stile at S. Maryes ought to be made by the Lands lying between Newdrove and the said Crest in height 6. foot and bredth 8. 18. That the Landholders in Nymans dole make a Crest in a drove called Kilne house dike from Pigs drove to Cheyney brigg in height 6. foot and bredth 8. 19. The Bevys dike from Pig 's drove to Bevys crosse be made by the Landholders of Inhamfield and Newfield in height and bredth as aforesaid 20. That Newdrove be made by the Landholders of Newfield from Sorrels dike unto Bevys dike 4. foot high and 8. foot broad 21. That the Landholders in Hirnfield make a Crest in Fleming's drove from Bevys drove to Bowman's drove in like sort 22. That the Landholders in Longland make a Crest in Bowman's drove from Bowman's Crosse to Fleming's droves end in height 6. foot and in bredth 8. 23. That the Landholders in Briggefield on the North of the River make a Crest in Newfield drove unto Long drove end in like sort 24. That the Landholders of Fen-land make a Crest in Mill lane from the great River unto Barton lane in like height 25. That the Landholders in Harvey field make a Crest in Faulle lane from the great River unto Mill lane in like height and bredth 26. That the Landholders in Whitemathes from Barton cros alias Barton lane unto Wisbeche lode running to Callows bridg ought to make a Drove called Giggs drove in height 4. foot and bredth 8. 27. That the Landholders of Nyman's dole make a Crest from Barton Crosse unto Barret's Brigge in height and bredth as aforesaid 28. That the Landholders in Flatmore make a Crest in Netledyke lake from Leonards pipe unto Barton lane of the like height and bredth 21. That the Landholders of Gybesholme and all the Lands between Barton lane and Pycks make a Crest in Barton lane from the great River unto Gydges dike in height 4 foot and bredth xij 22 That the Landholders in Sondylond make a Crest in Pickards lane and Mill lane from Mill lane end unto the Dike between Leverington and Wisbeche in height six foot and bredth xvij 23. That vii acres called Gallow land make a Crest from Spittle Crosse uuto Whynney dike in height 6 foot and in bredth xii 24. That the Lowfieâ—ds on the North side of the River of Wisbeche from the Fendike to Bellymil dike shall scour the Lode from Belly mill to the nine hundred Briggs as need requireth and thence to Evildike brigg the nine hundreth to be Contributers And from Evysdike to the 4 gotes all the lands on the North side the River every man according to what he holdeth 25 That a Close Shut be made at Leonards pipe by the Landholders of the next fields Another at Evysdike brigge by the Landholders of the nine Hundreds to keep the water from running into the Low fields 26 That all Weres and Stampes from Guyhirne to Clows-crosse or elswhere within any part of the Fenn be xxiiij foot in
said gotes 56. That the Heddings of Fytton Seacrofts be diked from Dods dyke unto Medow lane in bredth 8 foot and in depth 4. 57. That the Heddings of the lands in Fytton croft be diked in bredth 8 foot and in depth 4. from Lowing's Fendike unto Dods dike 58. That a Sewer be made by the Heddings of the lands in the midst of the old ......... viz. from Fittâ—â— Crosse unto the lands of Ieffrey Colvile Esquire called Worthens Croft in bredth 8 foot and in depth 4. 59. That a Sewer be made on the South side of Worthens Croft unto Dods dike in bredth 8 foot and depth 4. 60. That the Township of Newton time out of mind ought to repair a Dike called Lowings otherwise called Blackdike beginning at Fitton and so leading unto Tyd Sea-dyke in height 8 foot and bredth xii 61. That the Landholders of Iohn Clarke and Rolles field ought to make a Dam at the East end of Iohn Clarke's land in Newfield to keep the water of Newfield from running into Rolles field 62. That the whole Township of Newton ought to repair a Dike called Goredike from Block's lane leading to Shoffendike in height 8 foot and in bredth xii 63. That all the lands in Newton shall clense one Lode called Newton lode beginning at Fendike bridg and leading to Pickerd's stile to the four Gotes in bredth xii foot and in depth 4 foot 64. That the Landholders of Rolles field shall keep their Clotes and the Landholders of Newfield and all other fields that drayn that way shall make their Heddings in Rolles field from the lands of Iohn Clarke aforesaid unto Dod dike and there to make a Pipe of four foot square 65. That a Sewer be made in Newton from viii acres of ...... Drews at Fytton gole at the West end of meadow field and so all along by Medow lane unto West field and so by Sim. Troves 8 acres and from thence by the Heddings of Mr. Colvile's xx Acres and so over the Lane through a pipe to the Common Sewer of Newton to be diked 8 foot in bredth and depth 4 every man against his own land 66. That the Sewer in Fenlondfield beginning at Starts gate and so going into a Pipe lying over Franks lane and so to the mote of Geffrey Colvile Esquire and thence to another Pipe lying over the High way in the same Town of Newton neer to the Common Sewer be diked by all the Landholders that shall take profit thereby 67. That all the lands in Newton do make a Dike coming from Shofendike beginning at Goredike and so leading to Tyd thredding in height 8 foot and bredth 6. 68. That all Weres and Stamps being in the high lode of Newton from Shofendike into the 4 gotes be pulled up 69. That the Township of Leverington do make 8 Bridges in Newton and one Close shut which Bridges do lye towards the South the first at Stanfield's dore the second at the beginning of Black dike two at Leverington pipe with 2 stone walls one at Lords lane another at Child's grave otherwise called Taylors sheers one at Green dike and one at Start's dike 70. That the Landholders of Leverington ought to make the Heddings in Newton beginning at the burnt place in Fytton and so leading unto Fen-dike Bridges and thence by Galls field unto Start's bridge in height ... foot and in bredth 8 taking menure and paying to the Owner for every Rod of length 18 foot bredth 4 foot and depth four foot four pence Tydde S. Giles 71. That all the Landholders in Tyd S. Giles ought to make a certain agisted Dike called Shoffendike from Tyd thredding unto Ee graynes in Tyd in height six foot and bredth 8. 72. That a Bank called Ee dike and all Ee Banks from the said Eegraynes unto Tyd gote shall be made of the same height and bredth by all the said Inhabitants saving against Hockfield and other two places called the Ee dike or Bishops dike The which Ee dike to be made by the Bishop of Ely and the others by the Lord of the said Hockfield 73. That a petty Drayn be made in Newfield beginning at Brown's bridge at Newgate leading by Broad gate and Barngate to the Bridge at Churchgate in bredth 8 foot and depth 4. by the Landholders on the North side of Newgate bordering on the same Drayn 74. That a petty Drayn in Somerlesue be scoured beginning at the said Bridge at Church gate and by Church gate going to Littilbrigg in bredth ... foot and depth 4. by all the Landholders in Somerlesue and a Shut or Dam made at the said Littlebrigge as oft as need requireth 75. That all the Dikes lying against the North side of the Town drove and under Old dyke and Fen lane beginning at Skepgate brigg and so by the Droves to Shofendyke be scoured by all their Heddings every one against his front 8 foot wide and four foot deep 76. That a Crest be made in Towndrove beginning at Gaunt's brigge and so leading unto Cowstowe thence unto Fen lane and thence unto Ee dike in height 6 foot and in bredth 8 foot by all the Landholders in Rylondfield Carrow field and Northlane field And from Fenlanes end unto Shofendyke one Crest to be made in height and bredth as aforesaid by all the Landholders in Elletfield 77. That a Pipe be made in the same Bank a little from Gaunt's brigge out of the Lode for the drayning of the Fen and not to run but at such time as it shall not surround any other lands 78. That all the Wardikes in Tyd aforesaid shall be barred at all times in the year when need shall require by the advise of the Headborows and Dike-Reeves of the same Town that is to say aswell Town drove Fenlane South dike Tyd thredding Blackdyke and Beyslane as all the other agisted Banks and Dikes 79. That the Landholders in Tyd do make a Crest in Beyslane beginning at Tyd Sea dike and so leading unto Brown's brigge in height 4 foot and in bredth 8. 80. That the Landholders in South-field beginning at the lands late Iohn Houshold and abutting upon a certain land called Beyse place and leading unto Tyd Sea dike ought to make one Crest upon the Sea dike beginning at Beislane end and leading to Averie's trees or Black dike in height 6 foot bredth 8. 81. That all the Lands in Brodhest abutting upon Haftcroft lane do repair a petty Drayn beginning at the Common Sewer ....... and leading by the said lane unto Brassey lode in bredth 8 foot and depth 4. 82. That the Common Drove in Halcroft beginning at Hall pasture and so leading between the lands of Sir William Cordall Knight and so by the said Lane unto Welman's street and so into the old Sewer and so by the Sea gate green unto Skepp's board and so by the Sea bank unto the Common Sewer be clensed by all the lands lying upon the same 8 foot broad and 4
in bredth two and a half This County of Huntendon being then a Forest the Regardors did in 34 E. 1. by virtue of the King's Precept make this following Presentment at the new Temple in London viz. that the Tenants of the Abbot of Ramsey in the Town of Ramsey the Tenants of the Abbot of Thorney in Wytlesheye and the Tenants of the Prior of Ely in Wytlysheye had wasted all the Fen of Kyngesdelfe of the Alders Hassocks and Rushes estimated at a thousand Acres so that the King's Deer could not have harbour there as they had before that perambulation Likewise that the Towns of Stangrund and Farsheved had wasted the fen of Farsheved of the Alders and Rushes estimated at an hundred Acres Also that the Abbot of Thorney had made a Purpresture in the said King's Forest within Farsheved fen and inclosed the same with a double Ditch on the side towards Farsheved which contained in length two miles by estimation and two furlongs in bredth And likewise that the said Abbot had raised a new Bank without the Town of Iakele containing one mile in length against the assize of the Forest. And that Iohn le Wode of Iakele came with the men of Wytlysheye into the Fen of Kynggesdelfe and set fire therein which burnt in length and bredth about four miles by estimation which caused great loss to the King in his Harts Hinds and Goats And likewise that the men of Benewyk had destroyed a certain place in Kyngesdelf of the Alders and Rushes called Hertyngges containing a mile in length and bredth And they likewise then presented that the Banleu of Ramsey began at Humberdale and so went on to Wystowe lowe by the middle of the Town of Wystowe and so to Ranelestone and thence to Ranelesnoge thence to Obmere-bote thence to Scaldemere thence to Ayxschebeche thence to the Newe lode which leadeth betwixt Middilmore and Kynggesdelfe thence to Beaurepeyre thence to Tyrmerekote thence to Pollyngsecote thence to Caldemowchache thence to Goldepyttelade and thence to Homberdale The division betwixt this Forest and the Bishop of Ely his free Chase of Somersham began at the great River scil at the three Willowes and thence extended to Fentone lode thence to the new Bank thence to Fentone Crosse thence to the Mill at Wardeboys thence to Pydelemare thence to Pydele dam thence to Iny mede thence to Kollangeleye thence to the Hanger of Bluntesham and thence to the great River CHAP. LII THis being the last of those six Counties into which the great Level as hath been observed extendeth containeth no more than a narrow skirt of those fens at the utmost point whereof that sometime great and famous Abby of Medeshamstede since called Peterborough was for the like advantages already taken notice of in Thorney and some others first founded by Peada King of the Mercians about the year of Christ DCL and soon after amply endowed by King Wolpherus his Brother and Successor in the government As to its situation and the more exact description of the fens belonging thereto I shall exhibit what Robert de Swasham sometime a Monk of that House saith Burch verò in regione Gyrviorum est fundatus c. Burch is founded in the Country of the Gyrvii for there beginneth the Fen on the East side thereof which reacheth Lx. miles or more in length Which Fen is of no small benefit to the bordering people for there they have wood and other fewell for the fire and Hay for fodder as also Reed for thatching of their Houses with many other necessaries There are likewise divers Rivers Waters and great Meeres for fishing the Country abounding in such things in the best part whereof Burch is seated having on the one side of it the Fen and River and on the other upland ground with Woods Meadows and many Pastures which do render it most beautifull on every part having a meet access to it by land except towards the East on which side without Boats there is no comming to it On the South side of it runneth the River Nene c. And these are the limits of the possessions Pooles Fenns Lakes Fishings Lands c. which King Wolphere gave thereto that the Monks therein placed might freely serve Godâ— viz. from Medeshamstede to Norburch and thence to a place called Folies thence directly through the main Fen to Esendic and from Esendic to the place which they call Fethermute thence directy to Cuggedic ten miles distant thence to Raggewiâ—c five miles to the principal stream which goeth to Elme and Wisebeche and thence for the space of three miles up the said principal stream to Trochenholt thence directly through the vast Fen to Derevorde in length xx miles thence to Grecescros thence by a fair current called Beadan Ea six miles to Paccelode and so through the midst of many Lakes and spacious Fens in Huntendonshire together with the Pooles and Lakes called Scelfremere and Witlesmere and several others to them belonging as also with the Lands and Houses which do ly on the South side of Scelfremere and all within the Fen to Medeshamstede and thence to Welmesford and so to Clive and Estune and from Estune to Stanforde and thence as the River runneth to Norburch before-specified But touching the improvements made here by Banking and Drayning I find little in particular till of late time whereof I shall speak anon this being the utmost Corner towards the high land which the fresh waters for want of a cleer and perfect evacuation overflowed the Banks and Sewers conducing to the exsiccation thereof having been cut from the River Nene through Cambridgshire towards their most antient and natural out-fall at Wisebeche CHAP. LIII Observations upon the Commissions and Statutes of Sewers Having now done with those particular endeavours of Banking and Drayning within the precinct of the Great Level in order to the bettering that surrounded part of the Country I come lastly to speak of that eminent and signal undertaking viz. the general winning thereof by Banks and Sewers a work certainly of no less honour to the first Adventurers therein than beneficial to the present and future Age. But before I begin therewith it will be proper I conceive by way of preparation thereto to make some short observation upon the antient Commissions and most notable Statutes of Sewers And first touching the Commissions the antiquity and extent whereof do sufficiently appear in the precedent discourse I shall briefly note First that the King ratione dignitatis suae Regiae ad providendum salvationi Regni sui circumquaque fuit astrictus c. for those are the words therein was by the prerogative of his Crown obliged to see and foresee to the safety of his Realm Secondly that by virtue of them the Commissioners might enforce the neglecters of their duty by distress of their goods and likewise fine and imprison the dissobeyers of their Orders as appeareth by those words viz. ad
this time I suppose it to be though it have no date that there was a Survey made of the Marshes about Wisebeche as followeth whereby it was found that the Marsh called the Hey fen belonging to the said Mannour of Wisebeche and to the Towns of Leverington Neuton Tyd Elme and Welle within the liberty of Ely did begin at the Shofe an continued from thence to the Horshooe by the old River thence to the Ditch of Robert de Marshe thence to Wride by the Bank belonging to the Abbot of Thorney unto the two furlongs beyond the Knor thence to Orchard sled thence to Stod path thence to Wipe by Dede hee unto Mimers thence to West fen cote by the said River thence to Wisemouth and thence by Swerdesdelf to Great Crosse and from Great Crosse by Hiden hee to Quedale and so to Mercheford by the Crike and the Heyronâ— unto Eching hee and so all along beyond Heyront to Thermercote and from Tharmares to Stanimeres and thence all along farther unto Pealyswere and so by Hold Wellen hee to Milnested and thence to Shrewid hist where the said Towns ought to Common together with their Cattel Horn under Horn Saving always to the Bishop his Royalty and Fishing within the said bounds In 21 E. 3. Sir Iohn de Colvile Knight Iohn de L'isle Iohn de Dayvile Hugh de Walton Adam de Walsokne and Will. de Neuport were constituted Commissioners for the view and repair of the Banks Ditches and Sewers in the Towns of Dodington and Elme The like Commission in 24 E. 3. had the said Sir Iohn de Colvile Iohn de L'isle Iohn de Pelham Hugh de VValton Adam de VValsokne and VVill. de Neuport So also in 26 E. 3. had Iohn de Colevill Iohn de Pelham VVill. Muchet Iames de Grauncecete and Hugh de Walton In 32 E. 3. Sir Robert del Ilde Kt. Sir Iohn de Colvill Sir Iohn de Wilton and Sir Iohn de Vernoun Kts Thomas de Ba Hugh de Walton Thumas de Welsh and Nich. de Massingham for those Banks upon the Sea coast within the Hundred of Wysebeche and Town of Marcheford in this County And in 37 E. 3. Laurence de Flete Iohn de Wilton Hugh Lovet Iohn Hoode Will. Hyptofyt and Nich. de Massyngham for all those in the Towns of Wisebeche and Leverington with the Hamlets of Neuton Elme Welle Marchford By virtue of which Commission the said Laurence and his associates sate at ........ on Thursday next after the Feast of the Annunciation of our Lady and upon Inquisition made touching the premisses they ordained that the Pipe lying under the River of Elme at the house of Iohn Massingham should be repaired and that a Clow should be made to the end that no water might passe from that Pipe unto Ieccons gote but in a measure and under the Chanel upon penalty of stopping the said Pipe in Elme at that house And they also ordained that a Causey should be made in the Smal drove in bredth eight foot and in height three at the charge of all the Landholders in the Newland on the South part of the River of Wisebeche and likewise that another Causey of the like bredth and height should be made from the Smal drove unto the Land of Gilbert Hillary where need required at the charge of the Landholders in Beckdale field And that all the Inhabitants of Elme should at their charges scour repair the Pipe lying under the Sewer of Elme at Hillâ—â—â— dich to the land of Will. Porter And they likewise ordained that a Clow should be made in Elme at the end of Hillary dich in bredth two foot and in depth as much at the charge of the Landholders drayning by that Clow And that when the River is low that no water do run through the said Clow but in the Chanel so that all the Lands of Wisebeche lying there have no damage by the said water And if any one of Elme or any other person whatsoever shall transgress this present Ordinance that then it may be lawfull for any Inhabitant of Wisebeche to stop the water so running through that Clow. And they farther ordained that the said Bank called Hillaries diche should be amended and raised higher by three foot and made eight foot in bredth from the said Clow to the River of UUysebeche at the charge of all those that had benefit by the same Clow. And that all the Heddings of the Middle dole be stopt with Clotes As also that a sufficient Bridge be made in Hillary diche betwixt the Lands of Henry Fayer and Will. Loke And that all the Crests and Clotes be sufficiently made betwixt the said Lands from Hillaryes dich to Brig diche And they moreover ordained that a Causey should be made from the old River of Elme to the River of UUisebeche in the Bridg drove â— in height three fooâ— and in bredth eight at the charge of the Inhabitants of Elme and Brig field And that a sufficient Bridge be made in the Bridg drove at the end of Iohn Mudfish his lands at the charge of the Inhabitants of Elme And likewise a Causey from the said Bridge unto the Pipe lying over the River at Mesdrove which Causey to be three foot in height and eight foot in bredth and to be done at the charge of the Land-holders of Elme drayning thereby And that the Inhabitants of Elme should at their own charges clense and repair a certain Pipe in UUsibeche lying over Meesdrove under the Sewer of Elme running by Boulstre brigg And they likewise ordained that a Clow should be made at Boulsterbrigg in height two foot and in depth as much at the charge of all the Landholders there but not suffered to run otherwise than when that Clow which was to be made at the end of Hillary diche did run upon penalty of stopping up the Sewer of Elme at Boulsterbrigg And that a Causey lying in Reynold's drove be made from Flemyng's drove to the River three foot in height and eight foot in bredth at the charge of all the Landholders in Longland And that the drayn of the Vicaridge Lands in Wisebeche called the Werch or the Weares should be raised three foot in height and eight foot in bredth at the croft of Iohn Simonde at the charge of all the Landholders in Elme that drayned thereby And they moreover ordained that Meesdrove Bolney hirst drayne and Cromediche should be raised and amended in all places needfull by a Causey of three foot in height and eight foot in bredth at the charge of the Sewer at Elme and the Lands of Bolnehirst And that all the Pipes Bridges Causeys Croftes Clotes and Clowes which ought to be made by the men of Elme be repaired and amended and sufficiently made before the Feast of S. Peter ad vincula upon penalty of stopping all the Sewers of Elme lying in Wisebeche And that two Pipes be put in East field and
Sandy land under the two Sewers in Elme so that the water of those Fields may run at Rotispipe upon penalty of stopping all the said Sewers And they likewise ordayned that the Sewer on the Southside of the River of Wisebeche beginning from the Goule hirne may have its antient course from that Pipe unto the Pipe lying in Hillary diche under the Sewer of Elme and that the said Pipes be maintained by the Landholders in the new close of Elme and that the said Sewer have its antient course from that Pipe unto Newbridgg drove and there either a Bridge or a sufficient Pipe to be made opposite to the land of Robert Cake and that the said Sewer may have its course from that Bridge or Pipe unto the Pipe in Meesdrove lying under the Sewer of Elme And that the same Pipe be made and repaired in regard it was then broken by the men of Elme if the said Sewer will run any more And that the said Sewer have its antient current from that Pipe unto Ieconnesgate on the Southside of the Nether gate and that a Bridge be made neer unto the messuage of the heirs of Iohn Pateshull over that Sewer and that the said Sewer be clensed and digged whensoeâ—er and wheresoever need required and that the Droves be raised higher with the Earth which is digged out of the said Sewer And lastly they ordained that every Acre lying on the South of Wisebeche and every Acre on the Northside of Elme should pay a peny and more if need require for the repair from Iecons gate of that Sewer and to amend the Pipes and Bridges of the same Sewer and where need required to make them new And moreover that Ieconnesgate be amended and new made when need should be as also that every Field should make the Bridges and Pipes belonging thereto and clense and scour their own Sewers In 41 E. 3. Sir Iohn de Colvill Sir Raphe de Rocheford Hugh Lovet and others were constituted Commissioners for the view and repair of the Banks Ditches and Sewers lying upon the Sea-coast and otherwise betwixt Tyd brigg and the Town of Chaterys The like Commission in 42 E. 3. had Sir Robert del Isle Sir Hugh Lovet and Sir Iohn Vernoun Knights with others for all those in Wisebeche Elme Welle Marche and Marford in this County In 47 E. 3. Iohn Cavendish and other his associats Justices of Sewers by Virtue of the said King's Commission sate at Elme before whom it was presented by the Jurors that a certain Bank antiently made for safeguard of all those Lands betwixt the River of Wisebeche and the River of Welle beginning at the foot-path opposite to the Gate of Wisebeche Castle and so extending it self to Goneldich thence to Bensted hirne thence to Tilney hirne thence to Mareys gate and thence to Charitie Crosse and from thence to Uernouns Corner and so to the River of Welle was then almost broken and in decay by reason whereof divers Lands and Tenements within the precinct thereof were overflowed by the fresh waters to the great damage of all the Landholders there And they said that the said Bank did then contain no more than four foot in height And therefore for the better safeguard of the Town of Wisebeche Elme and Welle they ordained that the said Bank should be raiseâ— three foot higher so that the whole height thereof from the Levell ground might be seaven foot and the thickness thereof at the bottome xxxij foot and at the top xij foot so that the water of the Fen might not any way enter through the same Bank And that every one having Lands Tenements Common of fishing or pasture who might have safeguard defence or benefit by the making or repair of the said Bank or loss for the not doing thereof were obliged according to the proportion of their holding to make the same consonant to the Law and Custome of the Country so that the Lands on the South side the River of Elme should be agisted upon the Bank called the Byshopesoyke and that all other Lands and Tenements betwixt the River of Wisebeche and the River of Elme be agisted upon the Sea-bank and the Fen-bank of Wisebeche and Elme on the North side of the River of Elme And they ordained that it should be lawfull to any man making his part of the said Bank to the Fen to dig and carry away Earth for the repair thereof for the space of ten perches without the said Bank without the contradiction of any man as antiently they had used to do provided that they should not dig within the length of two perches thereof upon penalty of xxs. And they farther ordained that neither the Lord nor any Commoner should depasture any of his Cattel upon the same Bank except Sheep nor make any drists with Cattel over it for the avoiding of future damage thereto upon penalty of a peny for every Beast so driven or depasturing thereon by the knowledge or default of the owner to be paid to the Lord and Commoner to whom the repair thereof belonged so often as he should offend therein And that such Cattel as should be found there depasturing or driven in manner aforesaid upon the same Bank Sheep only excepted to be impounded by the Bayliff of Waltersey or Dike Reeves of Elme Wisebechâ— or Welle at Waltersey or in the Common pound of Elme Wisebeche or Welle now made or to be made by the Lord and Commoners and therein to be detained untill they should satisfy and pay the penalty aforesaid to be imployed in repair of that man's Bank which had received damage by those Cattel And they ordained that eight barrs should be made and set upon the said Bank to hinder the passing of Cattel upon it asweel of Strangers as Commoners the first at Waltersey by the Bishop of Ely the second at the Corner of Bensted hirne the third at Hunterstones by the Bishop and his Tenants of Hunterstones the fourth at the end of Waldersey drove by the Prior of Ely the fift neer the gate of Tilney House by the said Prior of Ely the sixt at Coldham hithe by the Lord of Coldham the seaventh at Charite Crosse by the Fields of Elme and the eighth at the end of Grenediche next to Welle and that the said barrs should be repaired and maintained when need required upon pain of xxs. to be paid by him to the Lord and Commoners who ought to repair them as often as any damage should happen to the Commoners therâ—by Provided nevertheless that every one at the making of his Bank might have free ingress and egress thereto and to amend the same as need requireth and that the penalty aforesaid should be imployed to the repair thereof as aforesaid And that every Dike Reeve of Elme and Wisebeche on the South side of the River of Wisebeche and likewise every Dike Reeve of Welle on the North side of the River of Welle might have power by
foot deep 83. And that at the said Shepes bourd be made a Bridge with a Close shut or else a Dam and the said place to be stopt at all times at the discretion of all the Head-borows and Dikereeves of the said Town 84. That the Landholders in Ee dike field from Black lane unto Mosse lane abutting upon Ee dike make one petty Drayn as oft as need shall require at the North head of the same land in bredth 8 foot and in depth 4 foot so that the water of the said field may have his course to the Common Sewer 85. And that the Landholders of the same field from Blacklane unto Barrow's greene at the North head of the same field ought to make one petty Drayn in bredth 8 foot and in depth 4 that the water may passe into the Common Sewer 86. That one Sewer be made at the East side of Crosse gate beginning at Thack ..... a little from Chaucheon's bridg and so leading through a Pipe at Black lane unto Black .... and so to Garreds lane end and so through Seagate greene unto Helgay's gote 8 foot wide and 4 footâ— deep by all the Landholders thereto adjoyning 87. That all the Landholders in Hurnefield make one Crest ..... in Broadgate at the North side of the Common Sewer thereâ— from Sheppers gate bridge unto Hubberds Corner in height 4 foot and bredth 8. 88. That all the lands in Cockley field ought to make one Crest in Bottel's lane from Bottel lane brigg unto Ee dike in height 4 foot and in bredth 8. 89. That all the Landholders in Fendyke field make one Crest in Blacklane to begin at Tubbesbrigge unto Bottlebrigge And in like sort the Landholders in Cockley field to make one Crest in Ey gate from Bottel brigg unto Ee dyke in height four foot and bredth ..... 90. And in like manner the Landholders of Carrow field to make one Crest there 100. That the whole Township of Tyd do make one Shut or Dam in Brasselode Dam in the Sewer and one other Dam at Dike Landam And another ..... head Acres under the Sea dyke with Shuts to stop out the salt water And also a Shut at Hornelanes end another at Foster's dam Another at Thursley bridge Another at Tubbes brigge another at ...... Bridge in Kyrklane All which to be stopped by the Assent of the Headborows and Dikereeves when need shall require 101. That the Landholders of Tyd ought to keep two Wardikes viz. Tyd Eedike and Thredding beginning at Averey's trees and so leading to New fendike alias Shoyfendike in height 4 foot and bredth 6. 102. And another Wardyke called Black dyke and Skeppers gate to be made by all the lands between the East side of the said Dike and the Sea-bank and by all the Commoners of the said Town Which Dike beginneth at Averey's trees and so leadeth to Tyd bridge to be made in height 8 foot and bredth 12. The Presentments of Elme and Coldham are wanting Upwell and Outwell 103. That Henry Cowper shall make his Bank in Upwell aforesaid from Lakebrigg unto Dods stile otherwise called Sewell's clout as the Abbot of Bury hath done before his time which Bank to be in height 6 foot and bredth 8. And that there shall be two good lawfull Gates between the said Lakebrigge and Dods stile for passage of people 104. That all persons having lands in Budbech field in Upwell ought to make their part of Green dike from Dod's stile and so to the Stony Crosse at Sumpter's dore every man his part 8 foot broad on the top 105. That the Sewer called the Chayre in Upwell more beginning at the great River of Welle and descending unto Coxecote tree thence to Darsey lode and so to Welney River be scoured in bredth xvi foot and depth 6 foot by the Bishop of Ely for his part Edm. Beaupre Esquire for his part and all others that have been charged heretofore 106. That Fryday lake and Magglake in Outwell and Upwell be clensed by the Inhabitants of both the said Towns in bredth ....... foot and depth 4 foot 107. That Bishop's dike which beginneth at Sewell's clout in Upwell and thence extending to Langbeche which lyeth in Elme ought to be made good by all the Lands of Upwell 108. That a pair of Barrs be kept at Sewell's clote 109. That every Were and Dore in the great River be xxiiii foot wide or more and all other Rivers and Draâ—ns in the Hundred of Wisbeche xviii foot in bredth or more 110. That Budbech Sewer beginning at Broad Common and coming to Pyes drove and thence going to a Pipe at the house of Simeon Fyncham being decayed and grown up be clensed in bredth x foot and depth 3 foot by all the Landholders of the said field 111. That the Sewer called Newdike lying in Buriall field in Outwell beginning at the East end of a Wood sometime Hilbrond's and descending unto the Chapel-bridg and thence to a Pipe at the Stone crosse at the dore of Ric. Sumpter be clensed and that there be a Sluce set at the Bridge at the house of Iohn Chambers and then that the Bank at Mildam being cut the water may passe to the River called the Salt Ee. 112. That in the watering place in Elme marsh be made a Pipe of stone with a Sluce that may stop the water when it is high in the River of Elme so that it descend not backward 113. That a pair of Barrs be set up at Dod's stile alias Seywell's Clout 114. That a Dike called Brokendike lying in Elme ..... upon the East side of the Salt Ee be made in height ...... foot and bredth xii foot by the whole Country of Marshland 115. All Weres and Stampes within the Hundred of Wisbeche to be pulled up 116. That if any person be negligent in making or repairing their Banks or in scouring their Drayns within the said Hundred of Wisbeche according to such Orders as they are bound to do that it shall be lawfull for the Dikereeves of every Town to cause them to be made and being so made to distrain any lands of every such person so neglecting And if he be not stramable then to distrain upon any other his lands lying within the said Hundred of Wisbeche or elswhere within the Realm of England and to sell the distresse paying to the Owner the overplus when the charges and expences are deducted according to the Laws and Statutes of this Realm 117. That new Agistment Books be made by the Headborows with the Dike-reeves of every Township 118. That all pains forfeited the moytie of them to redound to the Bishop of Ely and his Successors and the residue to be bestowed upon the Banks Barrs Crests c. 119. That the Bank beginning at the Horshooe and so leading directly to the Town of Wisbeche which is the defence for the East field be repaired by Thomas Orrell Esquire from the said Horshoo to Leverington Wardyke and to be
made higher by three foot 120. And that Guyhirne gole be banked with a Bank of xvi foot and in height x foot by all the lands lying in Wisbeche between Sorcel dike and the high Fendike On the 12th of Iuly in the same 13th year of Qâ—een Eliz. reign it was thus ordered by Robert Bell Ieffrey Coleville William Hunston Robert Balam William Brian Richard Nicholas Thomas Hewar and Henry Hunston Esquires Justices of Sewers for the Countrey of Marshland in the County of Norffolf and for the Borders and Confines of the same viz. Forasmuch as Bishops dyke within the Isle of Ely is greatly decayed by the abundance of fresh waters which hapned this last Winter the like whereof was never seen within the remembrance of man to the great decaying and impairing of Broken dyke being one of the defencâ—-Dikes for salvation of the whole Country of Marshlande to the great peril of the drowning the said Country of Marshland and to the utter undoing of all the Landholders of the East side of Elme between the said Bishop's dike and Broken dike if the said Bishop's dike be not sufficiently repaired and amended in time the experience wherof was too manifest this last winter to the great losse of a number of the Queen's Majesties Subjects the misery whereof is unspeakable it is therefore condescended and agreed by the said Justices That the Landholders of Elme within the Isle of Ely aforesaid between Nedeham dyke and Broken-dyke aswell for that the Countty of Marshland may the better repair and maintain the said Broken dike this last Winter decayed by the means of the overflowing of the said Bishop's dike as also to be without charge of making and defending of the said Broken dike the said Broken dyke being maintained which cannot be if the land there remain surrounded still and so thereby no profit to be reaped by the Owners of the same land shall have license to issue out the water of Oldfield between Needham dike and Broken dyke at the Gote or Pipe already laid on Broken dike not far distant from Blewick's house and to issue into Marshland by the direction of Mr. Balam Mr. Hewar and Mr. Henry Hunston through Emneth and Walsoken in the highest parts of Marshland Provided that when it shall be thought by any two of the Justices aforesaid or by any four of the chiefest Landholders of the Country of Marshland then resiant within the said Country that the same water running underneath Broken dike is hurtfull to the Country of Marshland or to any part thereof or that it shall be perceived by any two of the said Justices or by any four of the chiefest Landholders of the Country of Mershland aforesaid that the Charge bearers of Bishop's dike be negligent in the well defending the said Bishops dyke or that the Landholders of Oldfield do not sufficiently from time to time maintain and keep Needham dike or lay any Gotes or Pipes in any place of the said Needham dike to issue any water from any part of the South side of the said Needham dike or that any water is received into Oldfield by any way or device to the intent to utter the same at the Gote in Broken-dyke other than the downfall of the Ayre falling into the aforesaid Oldfield that then and at all times afterwards it shall be lawfull for any of the Inhabitants of the Country of Marshland so to cease the running of the water through the same any thing mentioned in this Order or Law to the contrary notwithstanding Or if the owners of the lands which do lye between Needham dike and Broken dike or any of them do refuse to bear and pay all and every such charges to Knight's goole or to any Sewer leading thereunto as the other lands in Marshland do according to the number of Acres and the same to be paid to the Dikereeves in Emneth Or if the Owners and Landholders of Oldfield do not from time to time well and sufficiently repair and maintain aswell the said Gote or Pipe lying underneath or through Broken dike as also as much of the Bank or Dike called Broken dike alias Oldfield dike as the same Gote or Pipe is in length or bredth Or if the same Gote have not two strong dores viz. at each end one always in readinesse to be shut or stopped when occasion shall serve at or before the day of S. Michael the Arch Angel next ensuing the date hereof and from time to time thenceforth to continue and keep the same in good reparations or else to cease as is aforesaid At a Session of Sewers held at Wisbeche 22 Aprâ— xvi Eliz. Ordered that the Causey called Norwol dam shall be raised with gravell three foot higher than it is at the costs of the Hundred of Wisbeche saving a way to be left of xii foot in bredth with a Bridg over the same as heretofore hath been accustomed which Bridg to be made at the costs of the Bishop of Ely Also that Longe's drove in Elme shall be made sufficient to keep out Says field water by the Landholders of Oldfield In An 1576 xviii Eliz. was the first Improvement of Needham Buriall fields lying within the Precincts of Upwelle by an Agreement of the Landholders there on the xxiiiith day of Iune in the same year at which time they setled an Acre-shot of six pence the Acre for defraying the charge thereof And about two years after this at a Session of Sewers held at Erith brigge viz. 4º Augusti xx Eliz. it was ordered by the Justices that there should be a Bank made from Marysse dike unto Bishop's dike alias Lovedays dike over the River of Elme to be in height eight foot in bredth xii on the upper part and in the bottom xxxii foot as also a Clouse at Marisdam but so as Boats might passe through the same And likewise that the Bank beginning at Keâ—ismill and extending to Guy hirne and so by Coldham to Fryday bridg in Elme should be repaired so that the height thereof might be six foot the bredth in the bottom xxiiii foot and at the top 8 foot At a Session of Sewers held at Wisebeche upon the 12th of Iuly in xxiii Eliz. it was thus ordered that whereas the Common called Ladwers lying in Elme is drowned for want of a Crest that there be a Crest or Bank made beginning at Tylneyhirne and so leading to the New Leame thence by the River of Nene to the Horshooe thence to Marmond land thence to the West end of Langbeche adjoyning unto Bishops dike which Bank to be xii foot in the bottom in bredth 4 foot at the top and in height 5 foot And that the Sluse upon Marys dam shall be taken up and when the said Bank is made then to be set at New Leames end As also a convenient Tenement built meet for a man to dwell in for the keeping of the same And it was likewise