the end that they might not get their ships back who discerning what was done left them and fled towards Severne That which is here called a Castle is supposed to be some Fort made at or neer Hartford situate upon the Bank of this River for before the tides were kept back at Stratford Bowe by a large Sasse there made to keep the levell above it from drowning no question but that they flowed above Ware and brought up small Vessels neer to Hartford there being betwixt Ware and Hartford a Hill which to this day beareth the name of Shipman's Hill and a tradition of the Country people that ships did in antient time lye at Anchor in that Valley The first mention wherewith I have met concerning the Marshes of Essex is in King Iohn's time Roger de Crammavill being then attached to shew cause why he did not stand to the determination made in the said King's Court by a Fine betwixt himself and the Prior of S. Iohns of Ierusalem touching the Banks Gutters and Ditches to be made in Renham marsh at which time the said Prior produced the before-mentioned Fine so made betwixt them which testified that the said Roger did then agree that he and his heirs would make and repair those Banks c. according to the proportion of his Land in that Marsh so that every Acre which the said Roger did possess should be taxed as those that belonged to the Prior. And the said Roger came and acknowleged the agreement and justified that he had fully made those Banks according to what belong'd to his Tenement and thereupon put himself upon the view of those who knew the Laws of the Marsh. Upon complaint made to the King in 8 E. 1. by the Abbot of Stratford that whereas he did use yearly to repair the Banks and Ditches of the Marshes of West-Hamme as often as need required for the preservation of his Lands and the Lands of his neighbours lying within those Marshes againts the over-flowings of the Rivers of Thames and Luye and that his said neighbours did neglect to do the like for what belong'd to them the said King directed his Precept to the Shireeve of Essex commanding him to distrain all those that were faulty therein to the end that the said Abbot might have contribution in that behalf In 15 E. 1. Iohn de Lovetot and Will. de Lamburne had Commission to view and repair the Banks and Ditches in this County upon the side of Thames and parts adjacent then in decay and to enquire through whose default they became so ruinous In 20 E. 1. the Abbot of Stratford made a new complaint to the King in the like manner as abovesaid Whereupon the said King required the Shireeve to distrain all those who were obliged to such repair of their Banks and Ditches and had not accordingly done their duty therein as also those who did refuse to contribute to the said Abbot according unto their due proportions In 31 E. 1. Walter le Baud Richard de Perneford and Iohn de Dovor were assigned to view and repair the Banks Ditches c. in this County and those at Wolwyche in Kent The like Commission had Iohn le Bretun and Will. de Wauton in 34 E. 1. for those in Essex only Several other of the same kind for this County only were in King Edward the second 's time viz. to H. Spigurnell Iohn de Dovor and Iohn de Malegraffe in 3 E. 2. To Walter le Baud Will. Fitz Robert and Iohn de Norton in 6 E. 2. To the same William Henry Gernet and Thomas Dakenham in 7 E. 2. To Will. de Hanyngfeld Iohn le Burser and Thomas de Ultyng in 8 E. 2. To Nich. Frembaud Henry Gernet Iohn de Davor and Richard Bastard in 9 E. 2. In 14 E. 2. Henry Grene Iohn de Dovere and Thomas de Chene had the like Commission for the view and repair of the Banks c. at Renham Benington and Alvitheley In 17 E. 2. Iohn de Doure Robert de Ashele and Nich. de Scotford the like for all the Marshes upon the Thames in this County So also had the said Iohn Iohn de Wydefeld and Walter de Hegham for the Banks c. betwixt Stretford atte Bough and Est-Tilbury and the parts adjacent In 18 E. 2. Iohn Boteler and Iohn de la Hay were appointed to view a certain Causey betwixt Maldon and Hebrugg under which through an arch the fresh waters had used to run into the Sea which waters were then stopt And likewise to view and repair the Banks c. in the Marshes of Esthamme in Essex and Wolwiche in Kent So also in 5 E. 3. had Robert de Rochford and Will. de Stanford for all the Banks c. within the Hundreds of Densey and Rochford In 10 E. 3. Henry Gernet and his fellow Justices assigned for the view and repair of the Banks c. on the Coast of Thames in this County sate at West Hamme on Wednesday being the Feast of S. Edmund the King where the Prioresse of Stratford made complaint before them that Will. de Masun Bayliff of the Marsh of Westhamme had distrained her for Cs. for the repair of a certain Bank called the Prior's Wall for she said that she neither had nor held any land nor ground in the said marsh for the which any wall ought by her to be repaired and therefore required judgement But she said that one Iohn de Covele long ago viz. in the time of King Henry the third held in the said Marsh as of the fee of Muntfichet which then belonged to Sir Iohn de Handlo fifty acres of land together with the said Bank then called Coveles Wall and a certain piece of Pasture called the Hope lying neer the said Bank without the precinct of the said Marsh viz. between the same Bank and the course of the River of Thames which land together with the said Bank of Hope were before that time ever assessed together for the repair of that Bank whensoever it stood in need And the said Iohn de Couele being so seized aliened the said Bank and Hope to Robert le Ku to hold to him and his heirs for the repairing and maintaining of the said Bank for ever the said Hope then being sufficient for the Pasturage of six Kine as it was reported And afterwards the said Iohn de Couele long before the Statute entituled Quia emptores terrarum sold the said Land by parcells to divers Tenants to hold to them and their heirs of him the said Iohn and his heirs for a certain yearly Rent and sute of Court to be thereupon performed And afterwards the said Iohn did wholly sell from himself and his heirs all the demesn of the before-specified Tenements together with the whole Rent and service which he had wont to receive of his said Tennants unto one Simon de
his associates above-mentioned did declare that upon view and perambulation through the said levell they adjudged that the said Sir Iohn Monson had sufficiently drayned and recovered those surrounded grounds according to the first undertaking therein And that therefore considering the great chardge which he the said Sir Iohn haâ— been at therein and the advantage which had already accrued and would farther accrew to the Lords and owners and all others interessed in the same as also the further chardge which he the said Sir Iohn was like to sustain therein did adjudge to him the said Sir Iohn and his heirs the before-specified quantity of five thousand eight hundred twenty and seven acres according to the Statute de terris mensurandis of the said Fenny grounds to be severed and divided in such sort from the said other grounds as he the said Sir Iohn Monson his heirs or assigns should think most convenient VVhich said number of Acres were accordingly assigned out of the several Lordships c. so drayned according to a particular schedule whereby the number out of each is exprest All which was exemplified in the said Kings Letters Patents dated at Westminster 24º Februarii 15º Caroli the said Commissioners and every interessed person seeming very well satisfied therewith Neverthelesse of such pernitious spirits were divers of the Free-holders and Commoners that taking advantage of the late troubles in this Realm they did about the beginning of the late warrs re-enter upon those lands by reason whereof not only the works became neglected but the drayns have been filled up and Sluses decayed And though the said Sir Iohn Munson made his complaint to those who of late years took upon them regâ—l power under the name of the Parliament of the Common-wealth of England yet did he obtain no redresse therein CAP. XXIX I Now come to those Banks and Sewers in the other parts of this Province of Lindsey whereof some do lye upon the South side of Humbre and the residue upon the Sea coast The first mention of these wherewith I have yet met is by a Fine levyed at Lincolne upon the morrow after the Feast of the blessed Virgins Purification in 41 H. 3. before Iohn Abbot of Peterborough Roger de Thurkelby Peter de Perci Nicholas de Hanlou and Iohn de Wyvile Justices Itinerant and others betwixt Raphe Abbot of Croyland Gilbert de Gaunt Robert de Welle Robert de Wilgeby Nicholas de Grendale Iollane de Hamby and Gilbert de Orreby Plantiffs and William de Gaunt and Alice his wife deforciants concerning a certain Sewer which they claimed to have in the lands of the said William and Alice in Munby and Hoggesthorpe By the which Fine the said William and Alice did grant for themselves and the Heirs of the said Alice that the before-specified Abbot and his successors as also the said Gilbert de Gant and the rest and their heirs together with all the Tenants of the Fee of Guy de Crun Gilbert de Gaunt and Robert de Tatersale betwixt the Towns of Brunthorpe and Orreby should have a certain common Sewer through the midst of the lands of the said William and Alice and the heirs of the said Alice in Munby and Hoggesthorpe of xxiiij foot in bredth for the drayning of all their lands within that Fee saving that the said Gilbert de Orreby and his heirs should not drayn above three hundred Acres of land so that the same Sewer should begin from Frethermersklide and so extend it self to the Sea by these following bounds viz. from Frethermersklide to Kamericroft thence to Grimescrike and so through the midst of Haverholm and the midst of Boyntoft Common unto the Sea-bank thence to a certain bank called Nâ—w Haven through the middle of the Fen unto the Sea and that the said Abbot and his successors as also the said Gilbert Robert c. and their heirs should have liberty to scour clense and repair the said Sewer and cast the earth on each side thereof at their pleasure without the impediment of the said William and Alice and the heirs of the said Alice for ever For which grant and concession the said Abbot Gilâ—ert Robert c. gave to the said William and Alice the â—umm of xxl. sterling And the said Abbot for himself and his successors as also the said Gilbert Robert c. for themselves and their heirs did then Covenant to make and maintain three Bridges over the same Sewer at their own proper costs and chardges by which Carts and Carriages might have passage and likewise one bridge betwixt Frethemskilde and Camericrofte and two bridges betwixt Haverholme and the Sea-bank and one bridge for foot folk betwixt the Church of Munby and the Chapel of S. Leonards in that Town and moreover a certain Gutter at the Sea-bank by which the water which cometh through the said Sewer may alwayes passe into the Sea so that if the said Abbot or his successors and the said Gilbert Robert c. or their heirs should fail in maintaining and repairing the said Sâ—wer Bridges or Gutter it might be lawful for the said William and Alice and the heirs of the said Alice to distrain their Cattel found in any of the lands of the said Fee untill the repairs of the said Sewer Bridges and Gutter should be repaired After this viz. in 8 E. 1. the King directed his VVrit to Iohn Beke and the Shireeve of this County commanding them to enquire by the Oaths aswell of Knights as other honest and lawful men within his precincts whether it would be to the damage of the said King and the Inhabitants of this Country if the course of the River of Friskeney were diverted and brought into the Town of Grimesby for the better opening of that Port which was then so filled up with silt and mud by frequent inundations that ships could not have free ingresse and egresse out of it VVhereupon a Jury being accordingly impanelled and sworn did say upon their Oaths that the said River might be so diverted without any damage to the King but to the prejudice of divers of the Country viz. of William de Apeltrefeud who then had the seat of a Mill which he might if he pleased new build whereby it would yield him four pounds and tâ—o shillings by the year And that it would be to the damage of Sir Walter de la Lynde two shillings which he had wont to receive for drying of Nets upon his land And to the damage of Gilbert of Little Cotes Robert de Kirketon Sir Walt. de la Lynde Philip de Wynelesby and their Tenants four shillings and four shillings yearly for two acres and an half of pasture And they said that if it hapned the same water of Friskeney to passe by Milnewell Creeke the Town of little Cotes would lose it's Common of pasture of two hundred Acres and more except they should have a sufficient Bridge for Carriages and Cattel to their said
distringendum per amerciamenta alio modo prout c. All which was by the Authority of the Common law id est the antient usage of this Kingdome as the learned Sergeant Callice well infers from the words dignitatis suae Regiae all Prerogatives being without limitation of time Now for the Statutes The first of these was in 6 H. 6. and this adds to the power of the said Commissioners for it gives them Authority to make Officers to take Accounts of their Expenditors to set Labourers on work and to rate the wages of such Labourers Then that of 8 H. 6. Cap. 3. which supplying the defect of the former grants power to the said Commissioners to ordain and execute the Statutes Ordinances and other things to be made according to the effect and purport of the said Commissions Next that of 18 H. 6. Cap. 10. which continueth the power of that Statute of 6 H. 6. for ten years longer the time first limitted therein being then expired Then that of 23 H. 6. Cap. 9. prolonging that of 18 H. 6. to xv years more Next that of 12 E. 4. Cap. 6. which not only addeth the like number xv years more thereto but enlargeth it to the Marches of Caleis Guynes and Hammes on the borders of France and Flanders Then that of 4 H. 7. Cap. 1. prolonging that of 12 E. 4. to xxv years more Likewise that of 6 H. 8. Cap. 10. ratifying the former Acts and giving power to the Lord Chancellor of England for the time being to grant out Commissions of Sewers into all parts of this Realm Next that of 23 H. 8. Cap. 5. in the Preamble whereof there are these words viz. the King nothing erthely so highly weighing as advancing of the CommoÌ„ profit wealth and Commodity of this Realm Whence saith the before-specified learned Sergeant it appeareth that the making of this Law was of all other thought to be most necessary and of greatest consequence the King preferring the same before any earthly thing and the King's care therein became his Royal person very worthily because by this Statute safety was brought to the Realm and wealth and profit to the people thereof In that Preamble 't is likewise observable First that Marshes and low grounds had formerly been by politick wisdome won and made profitable for the good of the Common-wealth Secondly that if more speedy and further remedy were not had and provided though divers provisions had been formerly made yet none of them were sufficient remedy for reformation thereof And thirdly that power is given thereby to six Commissioners of Sewers whereof three to be of the Quorum to take any man's timber c. to be used therein and to set the price thereof as also to sell any mans Lands nay the King 's also or part thereof in fee or for what other term they pleased All which being confirmed by the King 's Royal assent had thereunto are not to be repealed but by Act or Parliament and makes them therefore an absolute Court to hear and determine all things concerning Sewers After this about two years viz. 25 H. 8. Cap. 10 there was another Statute which extendeth this last Commission to the Town and Marches of Caleis and imposeth a penalty of five Marks upon every Commissioner who shall refuse to be sworn according to the Act of 23 H. 8. Then that of 3 4 E. 6. Cap. 8. which taking notice how beneficial the Statute of 23 H. 8. had been to this Realm ordained that it should continue with these additions thereto for ever viz. that all Skots Loâ—s and summs of money thenceforth to be rated and taxed upon any of the King's Lands his Heirs or Successors for any thing concerning the Articles of the said Commission of Sewers should be gathered and levied by distress or otherwise in like manner and form as should and might be done in the Lands of any other persons And that no Commission of Sewers should thenceforth have continuance for above five years after the date thereof Next that of 13 Eliz. Cap. 9. which authoriseth the Commissions of Sewers thenceforth to stand in force for the term of ten years next after their dates unless they were repealed by reason of any Commission or by supersedeas And lastly that of 3 Iac. Cap. 14. which comprehendeth the Walls Ditches Banks Gutters Sewers Gates Causeys Bridges Streams and Water-courses having their passage into the River of Thames and within two miles of the City of London as subject to the Commissions and Statutes of Sewers and to the penalties of the same To these for removing of some scruples touching the power of the Commissioners of Sewers for erecting of new Sluses and for making new Cuts and Drayns where none were before I shall add the opinion of those two Chief Justices viz. Popham and Anderson men famous in their times for their learning in both these Cases and which is observed by the before-specified Serg. Callice in his said Reading upon the Stat. of 23 H. 8. As also of Sir Henry Hobart Knight Attorney general to King Iames. In 43 44 Eliz. a great controversy did arise in the County of Lincoln about the erecting of two new Gotes at Skirbeck and Langare for drayning the waters of South Holland and the Fenns into Boston Haven which work Sir Edward Dimock Knight did by himself and his friends further what he could but it was opposed by the Country of Kefâ—even and they very exception taken thereto was that the Commissioners of Sewers could not by the power of their Commission make a Law for the erecting of these new Gotes where never any stood before Whereupon the decision of this point coming at length before the then two Justices viz. Popham and Anderson they delivered their opinions that the said new Gotes if they were found to be good and profitable for the safety and advantage of the Country they might be erected by the power of this Statute The like controversie arose in 12º Iacobi in the Counties of Cambridge Huntingdon and Northampton about the making of new Cuts and Drayns in the Isle of Ely by the power of the Commissioners of Sewers which being much opposed the businesse came in the end to be heard before the King and the Council Whereupon the said King by the advice of his Council upon mature deliberation comparing the undue proceeding of those who had disturbed his Commissioners of Sewers in those Counties with the antient Laws of this Realm as also with the constant practice of antient and later times and the opinions of the Lord chief Justice Popham delivered in writing very exactly and fully upon the said Questions touching the power and authority of the said Commissionersâ— it being objected 1. that the Commissioners had no power to raise new Banks Drayns or Sluses where there had been none before 2. that they might not lay the Tax upon Hundreds Towns or the Inhabitants thereof in general but upon
maritime lands in his Bayliwick by whom the truth in the premisses might be the better enquired into and known and to do farther in the pâ—emisses as it should be decreed Who came accordingly And the said xxiiij Jurats of the Marsh before named together with the Commonality of the said Marsh said that King Henry Father of the then King did by his Charter grant to them certain Liberties in his own Lands within the said Marsh And they therefore required that those their Liberties might be preserved As also that nothing might be attempted or deâ—reed in prejudice of their said Liberties and produced the same Charter of the said K. Henry And they likewise said that K. Henry father to the then King in the xlii year of his reign by reason of a certain controversie arisen betwixt divers men of this Marsh occasioned for the repair of the Banks and Water-gangs therein sent Henry de Bathe his Justice into those parts to hear and determine the differences in that businesse betwixt the xxiiij Jurats and the same Marshmen and to provide for the defense and security thereof and against the peril of inundation by other waters in causing the Banks and Water-gangs to be repaired by those who were obliged thereto for the lands which they held therein according to the proportion thereof Whereupon they said that the said Henry de Bathe by authority of the same King Henry's Mandate ordained and decreed for them a certain Law and Ordinance by which this Marsh was to that time kept and preserved and therefore desired that they might for the future be guided and defended by that Ordinance and Law as they had wont to be till that present time And thereupon produced the said Ordinance of him the said Henry under the King's Seal And because the said Ordinance seemed consonant to equity and had been to that time approved command was given and it was decreed that the same should be in all things observed without diminution Adding neverthelesse that in regard there was no mention therein of the election of the King 's common Bayliff in the said Marsh how and by whom be ought to be chosen it was determined that for the future upon the decease of the said common Bayliff or his quitting the Office another to be chosen who should reside and have lands in this Marsh And that the said election should thenceforth be by the common assent of the Lords of the Towns Lying therein or by their Atturnies and as the Major part should determine to submit to that election because till that time the usage had been so And touching that double of the costs imposed for repairing the defaults to be levyed upon those through whose neglect they had hapned it was decreed that the same double should be levyed in such sort as by the former Ordinance had been appointed and imployed to the common profit of this Marsh and not to the bâ—hoof of the said Bayliff And forasmuch as there were divers Banks and Water-gangs in the said Marsh to the maintenance of which the commonality thereof did not contribute except only they whose lands lay contiguous to the said Banks and Water-gangs And thaâ— some through the oppression of the Lords of the said Marsh did sometime pay as much for the repair and maintenance of those Banks and Water-gangs for fourty Acres as others did for fifty which was much against the law of the Marsh and the Ordinance of the said Henry de Bâ—the It was therefore decreed and ordained that notwithstanding and Custome by whomsoever introduced all and singular persons who had lands therein which were subject to the danger of the Sea and had preservation by the same Banks and Water-gangs should thenceforth be distreined for the reparation and maintenance of them so that every man might contribute equally according to the number of Acres which they had therein and that no person be he of whatsoever state or condition that had preservation and defence thereby should be favoured And because before that time in this Marsh of Romenale beyond the course of the water of the Port running from Suergate towards Romenhale on the West part of the same Port till it come to the County of Suâ—sex there had not been any certain Law of the Marsh ordained nor used otherwise than at the will of those that had lands in the same insomuch as divers dangers and intolerable losses hapned by the Seas inundâ—tion To the end therefore that the like perils might for the future be prevented and the common benefit provided for it was agreed and jointly ordained that in the said Marsh beyond the before-specified Port towards Sussex there should be Iurats establisht chosen by the Commonality who being sworn to that purpose for the security of those parts having respect to the number of Acres lying subject to that danger and to the proportion of the Banks Watergangs to be repaired sustained there should upon their Oaths consider and ordain how much might be necessary for such repair sustentation so that according to the portion of their Acres and value of them there might be assigned in the said Banks and Water-gangs an equal portion of perches to be maintained as it is more fully contained in the Ordinance of the said Henry de Bathe And moreover forasmuch as till that time there had been no common Bayliff constituted in those parts beyond the before-specified Port towards Sussex who ought for the publick benefit take care and provide against the perils there hapning and to prevent the like for the future it was ordained that thenceforth there should one common Bayliff be made choice of in the said Marshes beyond that course of the water toward Sussex for overseeing keeping and repairing of the said Banks and Water-gangs in such places and bounds of the said whole Marsh as should seem most expedient to all the whole Commonality As also to summon together unto places necessaryâ— the Iurats of the said Marsh as often as need should require for the making of Ordinances and Laws for preservation of the lands in those parts causing distresses to that purpose to be made and levying a double proportion upon such as should make default according to the tenour of the Ordinance made by the saiâ— Henry de Bathe Provided that at the election of the said Bayliff when ever it might happen to be the Lords of the Towns in the said Marsh beyond the said course of the water towards Suâ—â—ex should be summoned and called if they would be present thereat as also the Iurats and whole Commonality of that Marsh. And it was likewise ordained that for the future the King 's said common Bayliff in the Marsh of Romenale should be the Supervisor of the before-mentioned Bayliffs and Iurats in this Marsh beyond the course of the water towards Sussex and that he should summon together to fit places all the Iurats chosen on both sides the
shall so require the charge to be raised in manner following viz. That all and singular persons having lands lyable to the danger whether situate neer or far off forasmuch as they have preservation by those Banks and Water-gangs they shall contribute for the quantity of their Lands and Tenements either by number of Acres or Carucates according to the proportion of what they hold so that to no Tenant of these Lands or Tenements be he rich or poor or of what order state dignity or condition soever either within Liberties or without any favour shall be shewed in this matter 4. That in every place for the levying of the said costs and chardges and faithfully laying it out upon the said Banks and Water-gangs two lawful persons out of the said sworn men to be assigned who together with the Bayliffs of the Liberties or Lords of the Fee shall make distresses for the same 5. And when the before-specified Banks shall be according to the Ordinance of the Iurats so repaired at the common chardges that there shall be assigned to every man his peculiar portion of the Bank by certain places and bounds to be sustained at his own proper costs according to the quantity of his Tenement and number of Acres subject to that danger so that it may â—e known where and by what places and to what portion every man is so obliged to make defence 6. And if any shall be negligent in paying their portions of the said contribution at the day appointed by the Iurats for that purpose or in his portion for repair of the Banks that he be distrained by his goods and Catalls wheresoever they should be found within Liberties or without till he have contributed his share and paid his chardge of the said Banks with double costs Which double to be reserved for the common benefit of the like repairs in those parts 7. And that those distresses shall be made by the Collectors of the said costs together with the Bayliffs of the Liberties or Lords of the Fee And being so made to â—e kept for the space of three dayes at the most if they upon whom they shall be made be stubborn or negligent for so longtime and then forthwith sold in respect of the perillous rage of the Sea imminent 8. And if aswell the Collectors as Tenants shall be found negligent in performing the premisses that then every Lord of the Fee within the compasse of his Fee shall cause the said Banks and Water-gangs to be repaired at his own proper chardge and the costs that he shall be at therein together with the double thereof he shall cause to be levyed upon the goods and Catalls of those that are negligent for his own use 9. And that no Shireeve of Kent for the time being or his Bayliff or Officer shall take any distresse touching the Banks and Water-gangs in any Marshes nor thenceforth meddle at all neither with the distresses taken by the Lords of the Fees Bayliffs of Liberties or Collectors of the costs or contributions to the said Banks and Water-gangs nor distrain them by Writ of Replevin nor deliver them by surety or pledge any manner of way 10. And it was also ordained and concluded that if the Iurats so chosen for the custody of the Banks and Water-gangs whether they shall be of this Marsh of Romenale or of other maritime Lands do refuse to come at the Summons of their Bayliffs for the necessary repair of the said Banks and Water-gangs they shall for that their negligence be punished by their Bayliffs as in this Marsh of Romenhale they had been heretofore accustomed 11. And that the Collectors also of the costs bestowed in repair and support of the Banks and Water-gangs after the said repairs are perfected shall forthwith make their accompt before the Iurats and Bayliff of that Country aswell within the Marsh of Romenhale as without of all monies assessed and levyed for the before-specified repairs as also for the double whensoever it may fortune to be levyed And if they shall not so do then to be distrained by the Bayliffs of the Country or place to make accompt thereupon Saving alwayes to the chief Lords of the Fees their right which they have and hitherto had wont to have touching the defence of their Lands according to their feoffments of levying the double according to antient custome used as it is contained in the Ordinace of the said Henry de Bathe In testimony whereof Sir Walter de Ripple and Sir William de Haute Knights Adam Wastechar William Wasteâ—har William le Ros Guy de Trulegh Iohn Amfrey Peter de Maryns Thomas le Reade Thomas Elys Hugh de Suthlonde Richard Ion William Collol Henry de Bettesangre Iordan Collol Iohn atte Ware Hamon atte Porte Iohn Sprott Iacob de Pastre Iohn de Mossederme Henry Kenet Thomas le Frensse Henry Woodman and William de Mereworth did put to their Seals That the Ordinance of the said Henry de Bathe for preserving this Marsh as it was in no mean esteem we see by all those of the Country whom it immediately concerned so had it a high regard with the succeeding Kings of this Realm as by their Confirmations thereof of which I shall in due place take notice will appear The first of which Confirmations was made by King Edward the second whose Charter for that purpose beareth date at Westminster the xxiijth of November 7 E. 2. In which he first makes mention of his Grand-father K. Henry the 3ds Patent in 36º of his reign whereby he declareth his Royal pleasure that no Shireeve of Kent shall intermeddle with such distresses as should be taken for the repair of the Banks and Water-gangs of this Marsh. And next in that of 42º which expresseth the occasion of his sending Hen. de Bathe his Justice into those parts and at large reciteth the said Ordinance thereupon then made by the said Henry And then concludeth thus Nos attendentes quod impetus maris in partibus illis plus solito jam accrevit c. i. e. We therefore taking into consideration that the violence of the Sea in those parts is grown greater than it had wont to be by reason whereof it 's necessary that a more diligent regard should be had for the reparation of the said Banks Forasmuch as by a breach in them though but small should it happen as God forbid an inestimable and inrecoverable losse must needs accrue to us and the men of the said Marsh. Purposing therefore to make prevention of such damage and peril and to provide for the safeguard of those parts aswell for our own benefit as the commodity of the said Marsh-men as we are obliged to do we do for us and our heirs as much as in us lyes ratifie and confirm all and singular the things in the said Letters Patents of our said Grand-father and the before-specified Ordinance contained Willing and commanding that no Shireeve of Kent or any of his Bayliffs
every one of the xxiiij Iurats shall swear that he will together with his fellows â—ustly make all Iudgements and Decrees not favouring rich or poor either in making distresses or in what concerns the Banks Land-eas Water-gangs Sewers Ditches and Gutters or the removing of Bridges and other impediments whatsoever within the precinct of the said Marsh and punishing of Trespassers And that they be observant to the Bayliff of the said Marsh for the valuing and selling of the distresses taken and impounded for three dayes or more in the places accustomed And that they cause all the Iudgements and Decrees by them made to be enrolled and thereof an Indenture to be made betwixt them and the men of the said Marsh for the time being 9. Likewise the Collectors and Expenditors chosen as aforesaid shall swear that they will faithfully levy collect disburse and make accompt of all the Taxes and Assessments made by the Lords Bayliff and xxiiij Iurats or the greater part of them And the same course shall be observed in all the Water-gangs within the precinct of the said Marsh and before every of the Lords of the Towns if they will be present thereat 10. Also the Bayliff shall swear that he will make faithful execution of the Iudgements and Decrees of the before-specified xxiiij Iurats and of those things which do pertain to them to judge and determine ofâ— As also that in his proper person he will chardge upon all the Collectors and Expenditors by Oath that they shall faithfully levy collect disburse and accompt for aswel all general Taxes as several Water-gangs so assessed as abovesaid And that he will in person take view of all the Banks Land-eas Water-gangs Sewers Gutters and Bridges when need shall require at least twice in the year viz. once in the month of January and afterwards in the moneth of June And that he will deliver unto his successor all the evidences which he hath in his custody aswell the Charters of the Kings of England concerning the Liberties and Customes of the said Marsh as the Roules of Iudgements Decrees and Awards made by the said xxiiij Iuratsâ— with every processe of accompts of the Collectors and Expenditors whatsoever done in their times And the Clerk of the said Bayliff shall have for his Fee from the Commonality of the said Marsh vis. viijd. 11. Moreover it shall not be lawfull for any man thenceforth to make any Dams or Fords or other impediments in any Land-eas Water-gangs Ditches or common Water-courses in the said Marsh whereby the right course of the waters may in any sort be hindred And if they shall so do and testimony given thereof by the Baylik and six of the Iurats or the Commonality of the Water-course where such danger shall be made he shall be forthwith amerc'd according to the proportion of his offence by the said Bayliff and xxiiij Iurats which amercement to be likewise forthwith levyed to the common benefit as aforesaid And neverthelesse if any other than the Commonality shall receive damage by that means and that proof be made thereof by the testimony of the Bayliff and six Iurats satisfaction shall be made to him for the same 12. Likewise they did ordain and appoint that every Tax assessed in the said Marsh should be proclaimed in certain publick places and a day of payment thereupon assigned And this Proclamation to be so made that no man might plead ignorance as to the time and place he ought to pay it at 13. And they did farther ordain and decree that every Acre for the Banks in Ditches and Water-gangs be bought for xls. and that it shall not be lawful for any man to draw away any workmen being in the publick work for his own private imployment nor to take them to any other place till that work be perfected And if any man shall be found faulty therein by the testimony of the Bayliff or Iurats in the common Last he shall be amerc'd in xs. to be forthwith levyed by the said Bayliff to the common benefit as abovesaid 14. Also they ordained and decreed that all the Water-â—ourses within the said Mash by whatsoever Lands and Tenements in each Chanel be so kept that the water shall not run out of it's right course to the damage of any man upon penalty of the value thereof to be levyed by the said Bayliff for the behoof of the Commonalty when any shall be found guilty thereof in the common Last by the testimony of the Bayliff and six Iurats 15. And because of antient time it was appointed by the King that all the maritime Lands from the Isle of Thanet unto Pevenese aswell in the County of Kent as County of Sussex should be governed by the Laws Ordinances Statutes and Customes of the said Marsh of Romene it shall be lawful to the said Bayliff and xxiiij Iurats to require and have his reasonable chardges of those which shall have a mind to bring them to the places be they Lords or of the Commonalty where they ought to make their Ordinance according to the maritime Law aswell in the Banks as Water-gangs Gutters Sewers and Fishings and other things whatsoever touching that Law 16. And Lastly they ordained and decreed that if any person should make a rescue from the Bayliff of the Marsh or his Officers of any distresse whatsoever taken by any of them by virtue of the before-specified Articles or any Ordinance made or to be made for the benefit of the said Marsh and thereof to be found guilty by the testimony of the said Bayliff and six or eight of the said xxiiij Iurats or of the Water-course where the distresse shall fortune to be taken he shall be amerc'd in xls. to be levyed to the Bayliff for the use of the Commonalty as aforesaid And in the same manner it shall be done in those places where the maritime Law is used within the Isle of Thanet and Pevenese whether in Kent or Suffex After this I have not met with any thing else of this Marsh worthy the observation untill the 43º E. 3. that the before-mentioned Thomas de Lodelowe as also Robert Belknap Iohn Woodhall Roger Dygge William Topclive and William Horne were constituted Commissioners for oversight of the Banks and Ditches therein Nor from that time till 48 E. 3. that William Latymere Constable of Dovor Castle and Warden of the Cinque Ports Thomas Reynes then his Lieutenant Roger Dygge and some others were assigned by the King to view the Banks Water-courses c. thereof lying betwixt the Towns of Hethe and Newendon By which Commission they had power to imprest so many Carpenters and other Labourers as they should deem necessary for the accomplishment of the work in hand wheresoever they could be found within the County of Kent To King Edward the 3d succeeded Richard the 2d in the first year of whose reign it appears that
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
held when and as often as there might be occasion by the summons of their Bayliffs The manner of choosing the Bayliff Likewise it was decreed and ordained that the said Iurats Collectors and Expenditors chosen constituted and directed as aforesaid should be Bayliffs Iurats Collectors and Expenditors in form aforesaid And that if and as often as any of the Bayliffs xxiiij Iurats Collectors or Expenditors of and in the said Lands and Marshes within the before-mentioned limits except before excepted for the time being should decease or be removed from his Office that then in the room of the said Bayliff so deceasing or removing another of the Landholders and residents within those Lands and Marshes except before excepted to be chosen and constituted by the common assent of the Lords of the Fees having authority there for that time or by their Attornies And where the greater number of them should consent the said election to stand in the said principal and general Last to be held in form aforesaid unlesse upon necessity or cause reasonable any of those Bayliffs for the time being should sooner within the same year be removed and that it were expedient before the said principal and general Last ought to be held in form aforesaid that another were put in his place and that then an election be made of a Bayliff in form aforesaid in any other Last as aforesaid to be held So likewise in the stead of any of the said xxiiij Iurats Collectors and Expenditors so deceasing or removed from his Office as aforesaid another of the said Land-holders and residents to be chosen and constituted so that the said election be made by the said Lords of the Fees and Bayliffs and ten or eight of the Iurats aforesaid out of the most trusty discreet and wealthy Land-holders within those Lands and Marshes except before excepted The Penalty of the Bayliff elected not consenting thereto Also it was decreed and ordained that if the Bayliff so chosen should be present and would not undergo and take upon him the said Office or should refuse to take his Oath in that behalf that for such his refusall he should be amerced in xls. to be levyed of his Goods and Catalls Lands and Tenements wheresoever they should be within the County of Kent to the common benefit reparation and maintenance as aforesaid and other things to be performed by the said Bayliffs and then that forthwith there be a new election of a Bayliff made in the said Last in form aforesaid instead of him that so refused who should take his Oath in manner before specified and undergo the Office How those that are absent in the general or principal Last ought to be amerced Also it was decreed and ordained that if any one of the said xxiiij Iurats should make default in any such general and principal Last to be held in form aforesaid unlesse he had a reasonable and allowable excuse he should be amerced in xijd. to the common profit aforesaid to be levyed by the before-specified Bayliffs The penalty of the Collectors Jurors and Expenditors not submitting to their election Also it was farther decreed and ordained that if any one being of the before-mentioned xxiiij Iurats Collectors or Expenditors in form aforeâ—aid who did refuse to accept of the said Office and to take his Oath on that behalf he should be amerced in xxs. to be imployed to the benefit aforesaid and to be levyed by the said Bayliffs and forthwith another made choice of in his stead in form aforesaid And if the said Iurats should be summoned within those limits except before excepted to be at the said several or special Last to be held in form aforesaid where at the least eight or ten did not come so that such Iudgements and Decrees for the safeguard of the said Lands and Marshes except before excepted could not be made for want of a greater number of the said Iurats so absent that then every one of the said Iurats so absent to be amerced in vid. to the common benefit aforesaid to be levyed and expended by the Bayliffs of those Marshes Of which said amerciaments and other the like above specified the said Bayliffs to make accompt for in the said principal Last in form aforesaid The receiving of double by the Bayliff Also it was decreed and ordained that the said Bayliffs for the time being should have for their pains the doubles so to be levyed which did happen to be assessed and gathered in their times to be equally divided amongst them The penalty of hindring the Bayliffs so that they dare not exercise their Offices Also it was decreed and ordained that if the before-specified Bayliffs chosen as aforesaid or to be hereafter chosen were hindred by any so that they being elected durst not undergo and exercise that officeâ— that then such hinderers to be severally punished by the Electors of the said Bayliffs in such sort as any of the said Bayliffs elected should be punished in case he refused to take his Oath and undergo that Office In what sort he that is absent and chosen Bayliff ought to be compelled to receive his Office Also it was decreed and ordained that if it should happen that either the persons chosen or to be chosen Bayliffs in form aforesaid to be absent at the time of such their election that the parties so chosen should be forthwith distrained by the said Iurats for the time being or some of them by all their Goods and Catalls which ought to be impounded in certain places for that purpose to be assigned and there detained untill they did repair to the Archbishop of Canterbury the Prior of Christs-Church in Canterbury or the Abbot of Robertsbrigge for the time being or some one of them and accept of the said Office and take their Oaths thereupon and upon this did bring the Letters of the said Archbishop Prior and Abbot or one of them sealed unto the preceding Bayliffs or the said Bayliffs being dead then unto two of the said xxiiij Iurats and this within six dayes next after the said distresse so taken otherwise to be punished as is before expressed of the said Bayliffs so refusing and then to be a new election at some other Last there to he held In what sort the Collectors and Expenditors should render an Accompt of their Receipts It was also decreed and ordained that at both of the said principal and general Lasts yearly all the Collectors of all the precedent general assessments within the limits aforesaid except before excepted and the Expenditors of whom mention is before made should make their Accompt before the Lords of the Fees above-specified or their Attornies in case they be present and before the the said Bayliffs and those of the said Iâ—rats and Commonalty of the said Lands and Marshes within the precincts aforesaid except before excepted and the said Accompt to be made in writing by Indenture betwixt them and the said Bayliffs Iurats and
in form aforesaid as long as it should be meet so to be done for the safeguard defence aforesaid And that for every acre of the common measure xls. as aforesaid be paid to the Tenant of the said land where the same Bank Forland or in-ditch was so placed And if it should happen so hereafter that there were any other defence on the out-side the said Bank and Forland by the casting up of the Sea or otherwise to be made for the avoiding the danger of the Sea so that thenceforth there were no need of maintaining any such Bank Forland or in-ditch nor longer keeping thereof in form aforesaid it should then be lawful for the said Land-holder and his Heirs to repossesse his said Land again and use it as he pleased paying to the Bayliffs aforesaid for the publick commodity asmuch as ought to be paid to the said Tenant for the same Land in form aforesaid And in like manner to be done concerning the Land upon which or where any Bank Forland or in-ditch by virtue of the Statutes and Ordinances aforesaid within those limits should happen to be made in form aforesaid to be avoided And that it should not be lawful for any man to take away to his own peculiar work or any other place any workmen imployed in the publick work for the safeguard of the said Lands and Marshes except before excepted before such time as the said publick work were compleated And if it hapned that any person were convicted hereupon by the testimony of the said Bayliffs and six of the said Iurats that he be amerced in the common Last in x s which money to be levyed forthwith by the said Bayliffs to the common utility aforesaid Likewise it was decreed and ordained that all the Sewers in the said Lands and Marshes within the limits aforesaid except before excepted should be so kept in every place that the water might not run out of it's right course there to the damage of any one upon penalty of the quantity of the offence to be levyed by the said Bayliffs to the common benefit as often as any one should in the principal and general Last be convicted thereof by the testimony of the said Bayliffs and six of the said xxiiij Iurats And it was also decreed and ordained that the Bayliffs Iurats Collectors and Expenditors of the said Lands and Marshes within the before-specified limits except before excepted should for the time being do and execute and have full authority and power of doing and executing within the said Lands and Marshes except before excepted viz. in the premisses and all other things for the continuall conservation defence and safe custody of those Lands and Marshes except before excepted and of the said Banks and other things fit and profitable for the defence safeguard and custody thereof viz. in making orders and doing other things in the Lasts aforesaid in laying of Taxes and Lots and the taxing and levying of them their Wanes and double taking of distresses detaining prizing and selling thereof choice and removal of all Officers as also of imposing of penalties and punishments and of all other things necessary and profitable for the safeguard and defence of the said Lands Marshes and Banks except before excepted and of all other things proper for those safeguards and defences viz. according to the form of the Ordinances and Statutes aforesaid and in such sort as according to the form of the before-mentioned Statutes Ordinances and Customes of the said Romeney marsh and the Concessions for the preservation defence and safe custody of the said Marsh of Romeney had used there to be done no Custome by any person formerly introduced notwithstanding Provided alwayes that if hereafter at any principal and general Last within the limits aforesaid in form aforesaid it should seem more expedient to the Lords of the Fees within those limits except before excepted for the time being or the greater part of the Lords of the Fees to have one Bayliff than two of and in the said Lands and Marshes except before excepted to do and exercise all things there according to the form and effect of the Oath and chardge of the Bayliffs above specified that then it should be performed in that behalf as it should happen to be ordained and decreed by the said Lords of the Fees or the major part of them And in like sort if thenceforth it should seem more expedient to the said Lords of the Fees or the greater part of them and to the said Iurats or the major part of them to have fewer Iurats than xxiiij or one Collector and not two or one Expenditor and not two of and in the Lands and Marshes within the limits aforesaid except before excepted to do exercise and perform in the premisses according to the form and effect in the Oaths of the said Iurats Collectors and Expenditors specified that then thereupon it should be so done on that behalf in such sort by the said Lords of the Fees or the major part of them and the said Iurats or the major part of them as should happen to be ordained done or decreed any thing in the premisses notwithstanding The Penalty of making rescue from the Bayliffs xxiiij Jurats or any of the Officers aforesaid It was likewise decreed and ordayned that if any person should make rescue or give resistance to any such Bayliff Iurat Collector or Expenditor of any distresses whatsoever taken or to be taken or any other things to be done or executed by them or any of them through pretext of the Ordinances and Statutes aforesaid or any of the premisses and that thereupon the party were convicted by the testimony of the said Bayliff and six or eight of the said Iurats or Dike-Reeves where any such distress should happen to be taken he should be punished by an amerciament of xs. of his goods and Catalls Lands and Tenements by the Bayliffs aforesaid to be levyed for the common profit aforesaid And it was farther decreed and ordayned that no Shireeve nor any of the King's Officers should make Replevin of any distresses taken by the Bayliffs of the said Lands and Marshes within the limits aforesaid except before excepted which should be for that time for any thing contained in the said Statutes and Ordinances taken or to be taken nor any of the said King's Officers to arrest any one within those limits except before excepted being then in the publick work And lastly it was decreed and ordained that if and when any Tax should be assessed by the said Iurats ten or eight of them in any principal special or several Last within the limits aforesaid except before excepted by reason of the premisses and proclamed in form aforesaid and that at the day and place of payment thereupon limitted and assigned any part of the said Tax were unpaid to the said Collectors that then the said Bayliffs for the time being should lay out of their own proper moneys so much
as the part so being in arear called Wanys might amount unto for the common profit aforesaid And the said Bayliffs aswell for the said parcell so in arear called Wanys as for the double thereof to distrain in all the Lands and Tenements of him or them who ought to pay the same by all their goods and Catalls and the distresses so taken to keep for three days or more And if the said part so being in arear called UUanys together with the double thereof should not be paid within the said three days that then the goods and Catalls so distrained by two or one of the Iurats aforesaid to be sold in some place within the said limits except before excepted thereunto assigned and the said part so in arear called UUanys together with the double thereof out of the money arising of the said goods and Catalls so sold to be delivered to the same Bayliffs to their own use And having now done with these Laws and Ordinances for those Marshes before-specified I shall say no more concerning this part of Kent but that in 19 E. 4. the King by his Letters Patents dated at Oburne 17º Iunii directed to Thomas Archbishop of Canterbury Cardinal of England Will. Prior of Christ-Church in Canterbury Richard Prior of Hortone Robert Prior of Bilsyngtone William Master of God's house in Dovor Sir Iohn Fogge Sir William Haute Sir Iohn Scotte Knights Will. Cheyne Iohn Broomston Hen. Hoorne Gervase Hoorne Iohn Fyneux Vincent Fynche Rog. Brent Wil. Brent Iohn Nethersole constituted them Commissioners for the view and repair of the Banks c. from Appuldoure to Cawmbury and from Cawmbury to Fulstone then ruinous by the violence of the Sea and to make Laws and Ordinances for the same according to the Laws and Customes of Romeney marsh And lastly to take so many Diggers and other Labourers to be imployed therein upon competent salaryes as should be thought requisite in respect of the urgent and instant necessity of the work CAP. XIII I Now come to the remanent Marshes in this County which are those that border on the River Thameo Concerning which the first mention that I find is in 8 E. 2. Iohn Abel and Iohn de Hortone being then by the Kings Letters Patents dated the 10th of April at Wyndsore constituted Commissioners for to view and take order for the repair of the Banks Ditches c. for the safeguard of those from the overflowing of the Tide which lye betwixt Dertford Flete and Grenewich And not long after this for it was in February ensuing Iohn de Ifeld Iohn de Hortone and Will. de Northo had the like Commission for the very same Marshes In 13 E. 2. Iohn de Evredon and Iohn Abell were also appointed to view the broken Banks betwixt Grenewich and London-Bridge and to apply speedy remedy for their repair In 15 E. 2. Robert de Bardelby Will. de Leicestre Iohn de Merton and Robert de Kellesteye had the like assignation for the view of a certain breach then newly made in the Bank betwixt Grenewiche and Wolwiche by the violence of the Tides and to provide for the suddain repair thereof And the next year following Robert de Ashele and Robert de Swaleclyve were made Commissioners for the view and repair of those about Grenewiche and the parts adjacent In 17 E. 2. there hapning anoâ—her breach betwixt Grenewiche and Wolwiche Robert de Bardelly Will. de Leycestre Robert de Kellesey and Iohn de Merton were appointed to view the same and to distrain all those persons through whose default it had hapned to the making good thereof Farther enjoyning them that if they should find the persons through whose neglect it came not able to repair it so speedily as that the damage and peril which would be occasioned thereby might be prevented that then they should distrain all those which had Lands and Tenements in those parts who might have safeguard by the making up of that breach to the end that they should contribute thereto Within two yâ—ars after the King being informed of another breach in the Bank above Grenewiche towards Bermondseye which through the violence of the frequent tides and neglect of some persons who were obliged in respect of their lands in the adjacent Marshes to have made good upon all occasions had then newly hapned to the great damage of all those that had lands there did assign Adam de Brom William de Leycestre Laurence de Rustyngton and Robert de Kelleseye or any three or two of them to veiw the said breach and all other defects in those Banks which by reason of the flouds had hapned and to enquire by the Oathes of honest and lawfull men of this County upon whose land the said breach first began and through whose default and who ought to repair and maintain the said Banks as also how and in what sort and likewise what other persons had Lands Tenements or Common of Pasture in those Marshes and had or might have defence and safeguard by the said Banks in any sort And moreover with the Bayliffs of the Liberties to distrain all those through whose default that breach had so hapned and who were obliged to the repair and maintenance of that Bank according to such a proportion as might be sufficient to make good the said breach with all possible speed And if it should so fall out that those persons so lyable to the repair thereof were not able to perfect the work with that haste as the case required that then for the avoyding of greater damage and mischief to compell all such persons who had or might have loss thereby to contribute thereto for that present time every one according to the proportion of what he held as well in Common of Pasture as Land not favouring rich or poor therein And to levy the money upon those who were obliged to the said repair so as restitution might be made to those who had contributed thereto being not obliged with all speed that could be After this divers years viz. in 10 E. 3. I find that Henry de Secheford Reginald del Dyk and Iohn de Heyton were appointed Commissioners to take view of a certain Sewer called Erlesthron neer Grenewich and to repair the Sluces thereof where need should be And in 27 E. 3. Otto de Grandisone Thomas de Lodelowe Simon de Kegworth and Will. de Roderham were assigned to take view and make enquiry touching certain breaches in the Banks and Marshes of Dertford Erde and Stone and of the stopping of the Gutters and Sewers there forasmuch as by that obstruction the Corn sowed in those Marshes as also the Meadows and Pasture grounds thereof became often drowned by the Tides And to use some speedy remedy for the same In that year likewise Will. Vaghan Richard de Birton Thomas de Ludlowe Iohn de Dielleston and Simon de Lee were appointed to oversee
written and indented betwixt them the Bayliff the xij Skawers and all the Commons of the said Marsh and so in like wise the Bayliff to make his accompts of such things as pertain unto him to account for And if any of the said xij Skawers make default at the said Last or principal Court except they have a reasonable excuse they shall be amerced in xijd. to the common work to be levyed by the Bayliff Likewise if any of the Skawers dye or be put out of his Office within the year upon any reasonable cause that then another be chosen and put in the principal Last or Court by the Lords of the Fee the Bayliff the xij Skawers and the wisest eldest and most discreet men of the Commons of the said Marsh. In like manner that election be made of the Collectors and Expenditors so that they be not chosen of the before-specified xij if any other may be found able within the said Marsh. And if any of the said xij Skawers Collectors or Expenditors be chosen and will not make his Oath according to the said Ordinance that then he be amerced in xxs. to be levyed for the common work as aforesaid and after that another be forthwith chosen and sworn And moreover if the xij Skawers be summoned to come to the common or principal Last or Court and there appear not above the number of four whereby the Decrees and Awards for safeguard of the said Marsh cannot proceed for want of more that then every person so absent shall be amerced in six pence by ihe Bayliff and Skawers then present which money shall be levyed by the Bayliff and be by him accounted for at the principal Court Likewise every man singularly of the said xij Skawers shall swear that he shall with his fellows make true Iudgements and Awards not sparing rich or poor neither of their Distresses Banks Landings Watergangs Sewers Ditches Gutts Bridges Nets or other impediments within the bounds of the said Marsh but that the trespassers be punished and also that they in their proper persons be attendant on the Bayliff of the said Marsh to take distresses and to impound them for three dayes and after that to prize and sell them according to the Custome of Romney marsh And the said Collectors and Expenditors shall swear that they shall truly cause to be levyed and Collected as also expend and account for all manner of Scottis by the Lords of the Fee Bayliff and xij Skawers or of the greater part of them and so in this manner to be made and kept in all In-streams within the bounds of the said marsh before the Lords of the towns of what In-stream soever it be if they be present Also the said Bayliff shall swear that he shall do true execution of all manner of Iudgments Awards and Considerations made and judged by the Skawers of the said marsh And likewise the said Bayliff in proper person as also all Collectors and Expenditors aswell of general Scottis as of In-streams shall swear and chardge them truly to gather and expend the said Scottis and thereof yield a true accompt And the said Bayliff in his proper person shall oversee all Banks Landings Watergangs Sewers Guts and Bridges as often as need is And shall deliver to his successor in that Office all manner of Evidences Records Payments and Exemplifications which contain the Customes of the Marsh with all the Court-Rolls Iudgements Considerations and Awards of his time made by the Skawers and judged with all manner of Accompts of receipts and disbursments Furthermore the Bayliffs Clerk shall have for his labour of the Commons of the said Marsh vis. viijd. Also it shall not be lawfull hereafter to any man to make Dams Fords set Nets or any other impediments in the Landings Watergangs Ditches or common streams in the said Marsh whereby the right course of the water may be letted and if the right course of the water be hindred by any man in such manner as aforesaid and testimony given thereof by the Bayliff and six Skawers or the Commoners of the In-streams where the hurt was made that the trespasser shall be amerced forthwith according to the proportion of his trespasse by the said Bayliff and the xij Skawers which Bayliff shall levy the said Amerciaments to the common benefit as aforesaid And if any other man than the said Commons be damaged in like sort and testimony made thereof by the said Bayliff and six Skawers recompence of the same shall be given and the harms amended to him that is so wronged according to the discretion of the Bayliff and the Skawer Likewise every Scot assessed shall be proclamed in certain places and dayes of payment assigned where and in what place they shall be paid so that those that are assessed may have no excuse but that payment be duly made at the day prefixed Moreover every acre of land lying by the said Walls and Watergangs where Guts or Floudgates ought to be made shall be bought for xls. No man shall take away from the common work any Labourer or Workman to his own private imployment untill such time as the said common work be finished and if any man shall do contrary to these Ordinances he shall be amerced in the common Last or Court by the Bayliff and the Skawers in xs. to be levied by the said Bayliff forthwith to the common profit as is before expressed Also that all manner of In-streams by whose Lands or Tenements soever they go be kept in such sort that the water exceed not it's right course to the damage of any man upon penalty of the value of such trespasse to be levyed by the said Bayliff of the Marsh and six Skawers And if any man do make an assault or rescue against the said Bayliff and the xij Skawers or against any of them or their servants for the taking of distresses or for any other manner of Article appertaining to the execution of their Offices for the common profit according to the Ordinance before-specified that then the said trespassor shall be amerced by the Bayliff and six or eight of the xij Skawers in xxs. which shall be levyed by the said Bayliff to the common work Lastly it shall be lawfull to the said Bayliff of the Marsh and the xij Skawers during their term to distrain the trespassers by their amerciaments for all manner of Articles before rehearsed and to keep the distresses three dayes except the owner pay what is due within that term And if he so do that then it shall be lawfull for the Bayliff to sell the said distresses and keep the money unto the common profit of the said Marsh. In 4 H. 4. the same Thomas Erpyngham and Prior of Michelham Will. Brenchesle and others had the like Commission for those Banks within the Precincts of Batesford Asheburneshammesmylie and Goddyngeshavene and to act therein according to the Law and Custome of this Realm Before which Commissioners the Jury presented
pasture And moreover that if the same water should be brought to Milnewel Cryke as the Inhabitants of Grimâ—sâ—y desired it would be forced back by the Sea-rides and overflow the land at great Cotes little Cotes and Lysceby to the damage of those Towns xll. per annum excâ—pt the Chanel of Mylnewelcryke were sufficiently digged and strong Sluses made to keep back the tides And they moreover found that the said water was near to the same town of Grimesby and that the Chanel so made ought to contain in length Cxl perches and every perch to be xx foot in length and in bredth xij perches And that the Burgesses of that Town might have benefit by the said current of water for the clensing of their Haven and that it might be yearly worth vis. viijd. Upon a pleading in 18 E. 1. touching the repair of a Sea-bank at Thedelthorpe in a certain place there called â—othun it appeareth that the King assigned Will. de Carleton and Will. de Candelesby to view the same and to take order for the repair thereof who thereupon ordained that every Acre should be taxed alike for supporting the chardge thereof notwithstanding any Custome to the contrary but the businesse was not fully determined at that time because the Jurors appeared not till the Octaves of S. Martin In 26 E. 1. upon a sute concerning the repair of the Ditches and Sewers at Waynflete the Jurors found that the Custome of that Town was such that the Ditches there ought to be clensed every year for the drayning the lands belonging to that place and that every Inhabitant thereof having lands there ought to be assessed and taxed according to the quantity of his lands to contribute to the chardge of such clensing and scouring of them And they also found that one Roger the Son of Walter de Waynflet being then assessed at two shillings for xxiiij Acres of land which he held there denyed not the said Custome but alleged that the mony taxed for those repairs ought according to the said Custome to be levyed and collected by certain of the Inhabitants of the said town called Dyke-rieves and not by any others The next year following upon a sute commâ—nced by Alan the son of Peter le Toller of North Weynflete against William le Toller for the distraining of his Cattel at South Weynflete in a certain place called the Sale ham the said William justified the taking of that distresse and said that such was the Custome in that Townâ— of North Waynflete that as oft as the Sewers there made for drayning of their lands did want repair they ought to be viewed by the Commonalty of that place and that thereupon every person having lands and Tenements there ought to be assessed for the repair of those Sewers according to the proportion of his said lands And the said William farther affirmed that the said Alan was assessed by the before-specified Commonalty for the repairing of seven Perches of a certain Ditch opposite to a place called Cannon dayle by reason of seven acres of land which he held that in former time belonged to the Ancestors of one Iohn de Bardne and lay abutting upon that Ditch where the said seven Perches wanted repair and that he the said Alan neglecting to repair the same was distrained as abovesaid Wherâ—unto the said Alan made answer that he did acknowledge the before-specified Custome yet said that he was not to perform those repairs in respect of the seven Acres above-mentioned but for other Tenements viz. xl Acres of land with the appurtenances lying in Waynflete aforesaid And in the same year upon another sute betwixt the said parâ—ies upon the taking of the like distress the before-specified William avowed that such was the Custome in that Town of North Waynflete that certain of the Inhaâ—itants therâ—of were assigned to view the Marsh-Ditches therein every year on the Feast day of S. Andrew and to present the defaults which they should find in them at the next Court of Henry de Lacy Earl of Lincolne then Lord of that Town And that every Tenant of that Lordship who ought to make any repairs there to be amerced in xvid. at the said Court VVhereunto the said Alan answered that there might have been a sufficient distresse found by the same William and not to have taken his Cattel which were for the Plow In 28. E. 1. Thomas de Burnham and Raphe de Friskeneye were constituted Commissioners to view and repair the Banks and Sewers in the Marshes of Mersâ—e and Lindeseye and chiefly the obstruction of a Sewer in those Marshes called the Flete So also were Thomas de Burnham and Gilbert de Toutheby for those Ditches and Gutters in North Weynflet Divers other Commissions of the like nature do I find viz. in 32 E. 1. to William Howard Thomas de Burnham and Raphe de Freskeneye for the view and repair of all the Banks and Ditches upon the Sea-coast in these parts of Lindeseye In 33 E. 1. to the said Thomas de Burnham and Thomas de Gunneys for those in the parts of Malberthorp Thedilthorpe and Saltfletby In 34 E. 1. to the same Thomas de Burnham Henry de Bayeux and Roger de Cubbledike for those at Little Cotes upon Humbre In 35 E. 1. to Raphe de Friskenay Henry de Bayeux Gilbert de Toutheby and Robert de Malborthorp for all the Banks and Sewers in this Province of Lindsey In 2 E. 2. to the said Henry de Bayeux Nich. de Bolyngbrok and Walter de Stalynburgh for those at Northcotes Tetenay Humberstan Thernesco Itterby Hole Grymesby little Cotes and great Cotes upon Hombre As also to Rog. de Scotere Walt. de Freskeneye and Alan de Reytheby for those at Malberthorp and Thedilthorpe In 4 E. 2. to Iohn de Kyme Adam de de Welle Will. de Malberthorp and others for those betwixt Mumby and Saltfletby In 6 E. 2. to the said Henry de Bayeux Nicholas de Bolingbrok and Walter de Stalingburgh for those betwixt Grimesby and Hotoft and upon Trent betwixt Burton-Stather and Torkesey In 7 E. 2. to Philip de Kime Roger de Cubbeldyk VValter de Friskenay and Rob. de Malberthorp for those Banks Ditches and Sewers throughout this whole Province of Lindsey The like Commission had Thomas Wiloughby VValter Friskenay Robert de Malberthorpe and Robert de Rigge in 11 E. 2. So also in 12 E. 2. had Simon de Chamberlayn Gilbert de Toutheby and Robert de Malberthorpe In the same 12 year of E. 2. to Roger de â—ubbeldyke Simon le Chamberleyn and VValt de Friskenay for those Banks and Sewers upon the Sea-coast betwixt Friskenaye and Thorpe near Waynflâ—te In 14 E. 2. to Robert de Malberthorp Simon Chamberleyn and Thomas VVillâ—ghby for those betwixt Cokhill and North cotes In 18 E. 2. to VValter de Friskeney Robert de Malberthorp