it was then likewise presented that the course of the water called Wythyrne was stopped by sand and weeds through the neglect of the said Abbot of Glastonbury and his Tenants of Wythyes on the one part Sir VVill. Cogan and his Tenants of Honyfpull on the other part And that afterwards the said Abbot and his said Tenants constituted the said Iohn Fytelton and Iohn Panes their Attornies to answer thereto And by another Inquisition taken at Taunton the Thursday next after the Feast of S. Giles the Abbot in the sixth year of the said King the Jurors upon their Oaths did say that the said Abbot did at Monketon maintain certain Trees hanging in the River of Tone overthwart the same stream insomuch as Boats could not passe there betwixt the Mill of Tobrigge and Bathepole as they had wont to do to the great damage of the whole Country And they farther said that the Mill called Bathepole for grinding of Corn was built in the midst of the River of Tone with stone walls six foot higher than they had formerly been by Sir Richard de Atton Knight VVhich Mill the said Abbot then had and supported And they also said that there was likewise a Fulling Mill built in the said River by the said Sir Richard de Atton after the great Plague which was then also in the possession of the said Abbot by reason whereof the said stream could not have it's passage as formerly but overflowed both the Corn ground Meadows and Pastures adjacent to the damage of all the Country And likewise that the Kings High wayes betwixt Taunton and Bathepole-brigge were so overflowed and spoyled by the flowing back of the said water that people could not travel that way and that the said Abbot ought to amend the same And they also said that by the building of those Mills and VValls the Boats which had wont to have passage that way with Merchandize from Bridgewater to Taunton were stopped and that the Fish were also thereby hindred of their course to and from those places And they said moreover that a certain piece of ground on one part in Monketon was appropriated to the said Abbot by the planting of VVillows and other Trees by the said Abbot and his Predecessors their servants and Tenants there And also that the said Sir Iohn Poulet Knight had appropriated the ground on the other side by the like plantations so that the Chanel which had been antiently xxx foot wide was not then above x or xij foot in bredth from the said River of Bathepole to Criche by reason whereof boats could not passe therein as they had wont to the great damage of the Country To answer all which chardge the Abbot and his Tenants appeared by their Attorney upon the Wednesday in Easter week in the seventh year of the said King and as to the bank called Southelake wall first presented said that it was in Othery and not in Weston which is parcel of his the said Abbot's Mannour of Sowy And farther said that he held a certain piece of ground called Southlakemore in Othery aforesaid containing about xl Acres of land Meadow and Pasture that it was parcel of the said Mannour and lay betwixt the same Bank and a certain Bank called Burwall which Mannour the said Abbot held as parcel of the foundation of his Church of Glastonbury and that he and all his Predecessors were seized thereof time beyond memory as in the right of their said Church And he alleged moreover that there was a certain River called Paret which is adjacent to the said ground called Southlake mere into which River the Sea water did flow and ebb and that the said Bank called Southlake wall was and had been there time out of mind for safeguard of the same ground called Southlake mere aswell to defend it from the inundation of the Tides flowing in by the said River as of the fresh waters descending by that and other Chanels to the damage thereof And that there was in that ground a certain high way called the Drene extending it self through the midst thereof And that the said Abbot and all his Predecessors and Tenants of Othery had time out of mind maintained the said Bank called Southlake wall for the defence of that ground and way as aforesaid without that that there had been any Runes Sewers Gutters Trenches or Ditches in the said Bank called Southlake wall or of right ought to be and without that that any Runes were obstructed by that bank or any bank elswhere in Weston called Southlake wall as it was supposed by the said presentment and this he was ready to justifie by the Country And as to the Presentment of the two Weres called Tappyng Weres in the River of Paret by which the current of that water was hindred he said that he held the Mannour of Sowy as parcel of the foundation of his Church of Glastonbury as also a certain Floud-gate called Tappyng Were in the said River which is parcel of that Mannour and so supposed to be to the damage of the Country And said that the same Floud-gate had been there time out of mind and that he the said Abbot and all his Predecessors were seised thereof as parcel of the said Mannour and that it then was in bredth heighth and depth as much as it had been time out of mind and that the current of the said water was not any otherwise stopped than it had been time out of mind and that he was ready to make proof thereof by the Country And as to the presentment of the said pleck of Osiars so appropriated by him the said Abbot and his Tenants in Weston he said that it was amended and totally removed and that this he was also ready to prove And as to the planting of the said Trees and appropriating of the soyl he said that he was not guilty and that he was ready to prove it And because the said Tenants could not justifie that the said nusance was removed at the time of the said presentment they were amerced at half a Mark. And as to the Watâ—rcourse called Wythyrune which was obstructed as aforesaid the said Abbot and his Tenants of Wythies answered that the said nusance was amended at the time of the said Presentment and long before and that this he was ready to prove And as to the Presentment that he had suffered Trees in Monketan to hang over the River of Tone and overthwart the same so that Boats could not passe to and fro he said that those Trees grew above Bathepole mills where Boats never used to passe neither could or ought to do and that the said Trees were not any nusance all which he was ready to justifie And as to the Presentment that Bathepole mill was built in the midst of the River of Tone with stone VValls higher by six foot than they formerly had been And that there was also a Fulling Mill built there c. And likewise that the
Kings High way betwixt Taunton and Bathepole brigge was spoiled by the reflowing of the said water And that the Boats which had wont to have their passage with Merchandize from Briggewater to Taunton were hindred c. the said Abbot answered that the said Richard de Atton was seised of the said Mills and those other Lands and held them of the Abbot of Glastonbury his Predecessor as of his Mannour of Monketon and in right of his Church of Glastonbury and that he the said Richard and all they whose estate he then had in those Mills Lands c. had held them of the Predecessors of him the said Abbot by certain services time out of mind And forasmuch as the said Mills were grown old and ruinous he the said Richard did new build them and made them of the same height bredth and depth as they were before he so pulled them down and that this he was ready to prove VVhich said Mills with the Lands and Tenements aforesaid the said Richard by the Kings license then and there exhibited gave to one Walter Abbot of Glastonbury the preceding Abbot to hold to him and his Successors for ever And so said that the then Abbot held those Mills in form aforesaid without that that they were built higher in any sort other than is before alleged and that this he was ready to prove And he said that before those Mills were so new built by the said Richard the fresh waters descending into the said Chanel in great flouds did overflow the Meadows and Pastures adjoyning and also the before-specified Road-way betwixt Taunton and Bridgwater so that the overflowing of those grounds and prejudice to the same way was not at all worse after the said new building of those Mills than it had been before and that this he was likewise ready to prove And the said Abbot farther answered that he was not obliged to repair the said Kings high wayes so spoiled as by the before-mentioned Presentment was supposed in regard that neither he nor any of his predecessors nor any one whose estate he had in any of the Lands and Tenements aforesaid he used to perform such repairs in those wayes time out of mind and that this he was ready to prove And he said moreover that there was a certain place below the said Mills called Bathepole Crosse whereunto all the Boats coming from Briggewater towards Taunton by the same water and not above nor farther in the said River of Tone ought of antient time to go up or passe or could so do but had used to be unloaded there and this he was ready to prove And he likewise said that one Walter late Abbot of Glastonbury his predecessor then Tenant of those Mills within eighteen years before did of his own good vvill and not of right make a certain Chest of boards for the ease of the then Bishop of Winchester Lord of Taunton and put it into the poole of those Mills by which Chest the boats in time of flouds might be drawn up into the said poole by which means the boats being drawn by that Chest sometimes got up to the said Bishop's Mill called Tobrigge Mill without that that the said Boats did use to passe up towards Taunton in the same River of Tone any farther than the place called Bathepole Crosse time out of mind And without that that the Fish in the said River were more hindred in their passage towards Taunton than they had wont to be before the new building of the said Mills And as to the Presentment of certain ground in Monketon appropriated to the before-specified Abbot by the planting of VVillows and other Trees thereon by his servants and Tenants the said Servants and Tenants affirmed that the said nusance was amended and totally removed and that this they were ready to prove And the said Abbot likewise answered that as to the planting of the Trees and appropriating the soil in Monketon aforesaid he was not at all guilty and that he was ready to prove it And because his servants and Tenants did not deny that the said nusance was not removed at the time of the said presentment they were therefore amerc'd in half a Mark. All which things they the said Abbot with his servants Tenants being ready to prove they required judgement there in Whereupon a Jury being summoned to appear before the said Justices on Thursday in Easter week and there sworn did say that the said Bank called Southlake wall was in Othery which is parcel of the said Abbot's Mannour of Sowy and not in Weston and so was and had been time out of mind as the same Abbot had before pleaded And they said that there never were or ought to be any Sewers Gutters Trenches or Ditches in the said Bank and that no Runes were stopped by the said Bank as he the said Abbot and his Tenants had also pleaded And as to the two Weres called Tappyng Weres in the River of Peret they said that the said Abbot held the Mannour of Sowy as parcel of the foundation of that Monastery and that he had a Floudgate called Tappyng were in the same River which vvas parcel of the said Mannour and had been time out of mind And that the Watercourse there was not otherwise stopped than it had been from the said time as he had formerly pleaded and alleged And as to the Presentment of those Mills called Bathepole mills they said that they were old and ruinous and new built by the before-specified Richard after the great plague and of the same height and depth as they had been time out of mind and not otherwise so that neither the Lands Meadows and Pastures before-mentioned nor the High way betwixt Taunton and Bridgewater in Bathepole were drowned or prejudiced by the said new building of them in any other manner than as they had used to be in great Flouds and time out of mind as the said Abbot had also pleaded and alleged And as to the Presentment concerning the passage of Boats and fish from Bridgwater to Taunton they said that there was a place called Bathepole Crosse on the lower side of those Mills and that there all the Boats coming from Briggewater towards Taunton had used to be unloaded time out of mind and that they neither could nor ought of right to go farther And likewise that the said Chest for the drawing up of Boats neer to the said Mill was made by the said Walter late Abbot of Glastonbâ—ry Predecessor of the then Abbot about xvi years before voluntarily and not of any right for the ease of the said Bishop of UUinchester Lord of Taunton to draw his Boats to Tobrigge mill And they said that the Fish were not at all hindred to swim in that River any otherwise than what they had been time out of mind as the said Abbot did before plead and allege And as to the course of the water called Wythrune which was stopped they said that the before-specified nusance
de Metham for those betwixt Faxflete and Cawode And in the same year to Will. de Vavasur Will. de Houk and Thomas de Fisheburne for those in the parts of Merskland Inclesmore Hovedenshire then much broken and in decay In 8 E. 2. upon complaint made by the men of Merskland inhabiting upon the River of Done that the said River whereunto the Sewers of the neighbouring parts did use to run was partly by reason of the Sea-tides and partly by undue straightnings so obstructed and stopt that most part of the lands thereabouts were overflowed VVhich complaint being exhibited to the King in Parliament then sitting at Westminster he constituted Iohn de Doncastre Roger de Cloherne and Robert de Amecotes his Commissioners to enquire thereof and proceed to the redresse of the same In 9 E. 2. the said Iohn de Doncastre Peter d'Eyvill and Alexander de Cave were assigned to enquire of the defaults in repair and clensing of certain Ditches in the parts of Spaldyngmore within the Bishop of Duresme's liberty of Hovedene whereby the low grounds there were overflowed And in the same year the said Iohn and Alexander together with Hugh de Louthre Adam de Midleton and Adam de Hopton had the like assignation for the view and repair of those Banks upon Ouse betwixt Rikhale and Hoveden dyke In 12 E. 2. Hugh de Pykworth Iohn Travers and Adam de Hopertone were appointed to view the Banks c. in Merskland upon the River of Done to make them new in such places where they should think fit The like appointment in 13 E. 2. had Iohn de Doncastre Adam de Haperton and Nich. de Sutton for those upon Ouse betwixt Bardelby and Hemingbrough So also in 14 E. 2. had Alexander de Cave Thomas de Houke and Hugh de Pikworth for those betwixt Faxflete and Cawode And in 16 E. 2. the same Thomas de Houke Gerard de Ufflet and Iohn the Son of Richard de VVhitgift had the like for those on the verge of Ouse in Merskland betwixt the River of Ayre and Trent fall So likewise the same year had the said Thomas de Houke and VVill. Basset for those upon the said stream of Ouse from Berlay Water-house to Ayremynne and thence upon the water of Ayre to the passage of Carletone neer Snaythe In that year also did the King send his Precept to Adam de Strikeland then Guardian of his Mannour of Hathelsay at that time in his hand that he should cause the banks upon the River AEre belonging to that Mannour to be repaired in all places needful according to the view and testimony of honest and lawful men of those parts In 17 E. 2. VVill. Basset Thomas de Egmanton and Iohn the Son of Richard de VVhitgift and Commission to view the defects in repair of all the banks upon Ouse in the parts of Mersklond betwixt the River of Ayre and Trentfall And the same year had Alexander de Cave Thomas Houke Peter de Saltmersh Robert D'amcotes VVill. de Lincolne and Geffrey de Edenham the like Commission for the view and repair of those betwixt Suth Cave and Barneby neer Hoveden then broken in divers places As also for the VVater-courses and Ditches of Beleby wyk Fuâ—nath Ragolf dyke Lange dyke Skelflete Hingbriksik Blaktoft damme Thornton's damme Temple damme Miklestek Hebewisgote Trakput Mulnedam of Broukflet Frisdike and Hoddeflete all which were diverted out of their right courses by which diversions and obstructions and the want of repairing those banks the low grounds betwixt Thornetone Muleburne Cathwayt Suth Cave Yverthorpe North Cave and Barneby neer Hoveden were overflowed And in case that they who had thus diverted and obstructed these VVater-courses were not able to repair them again then to distrain all such to give assistance therein as by such reducing them to their former Chanels and deobstruction of those stops should receive benefit and safeguard The next year following had Roger de Somery Hugh de Pikworth and Robert de Babthorpe the like assignation for the view and repair of those banks Ditches c. on the East part of Ouse betwixt Turneheved and Barneby ferry As also for those on the VVest part betwixt Cawode and Ayremyn and betwixt Feribrig and Ayremyn on the South and VVest part In the same year likewise were Alexander de Cave Thomas de Houke Peter de Saltmersh and Iohn de Kilvyngtone constituted Commissioners for those banks c. upon the coasts of Humbre and Use betwixt the towns of Suth Cave and Barneby neer Hoveden then broken and ruinous and also of the VVater-courses from Wartre Brunnom Brunneby Hayton Beleby Beveldale Myllington Ulvesthorp Killingwyke Pokelington Arnethorpe Wappelington Thorneton Melborne and Cathwayt then obstructed and diverted out of their right courses by reason whereof the low grounds betwixt Beleby Suth Cave and Barneby viz. Fulne Rageldyke Langdyke Skelflete Hingbrigstike Blacktoft dam Thornton dam Temple dam Mychelsyk Helewysgot Crakeput and the Mylndam of Bromflet Frisdyke were drowned And to compell all those who had so diverted and stopt the said waters to reduce them to their antient courses and where need should be to make new Chanels for that purpose The like Commission had they for the banks c. betwixt the River of Done and Bykerdyke within the Isle of Axeholme in Lincolnshire In 5 E. 3. Iohn Travers Peter de Midleton Peter de Saltmersh and Simon de Baldreston were assigned to enquire concerning the breach of a certain Causey called Foxholedyke made by certain malefactors in the parts of Merskland in this County by which breach the lands of the inhabitants of those parts were drowned In 7 E. 3. VVill. de Hathelse Iohn de Clif and Hugh de Bradeford were appointed to view and repair the banks c. betwixt AErmyne and Selby So likewise in 11 E. 3. were Will. Basset Thomas de Brayton and Iohn de Lacy of Gateford for those betwixt Temple hirst and Ayrmyne on the North side of Ayre as also upon both sides of the River Ouse betwixt Ayrmyne and Selby In 13 E. 3. the King directed his special Precept to Richard de Aldeburgh and Will. Basset whereby he made recital that whereas he had by his VVrit under the Privy seal commanded Simon de Grimesby then Guardian of his Mannor of Brustwyk that he should cause his demesne Lands Meadows and pastures and likewise the Lands of his Tenants within that Mannour to be drayned which had been drowned by the overflowing of water and to make a certain trench there whereby the water might passe away and have a direct course as before that time it had And the said Simon together with his Free-holders and Bondmen of that Lordship did by virtue of that precept make a trench there in a certain place where long before there had been one And the said King being informed
that Margerie the VVidow of Robert de Botheby of Rihill conspiring cunningly to supplant him in his right caused the same trench in the said Kings absence from England to be stopt up and his Tenants of that Mannour who were at the making thereof to be impleaded by divers VVrits as trespassers to the said Margerie alleging that they had broken the Banks of a certain Sewer at Rihill aforesaid so that the water thereof by that breach did drown her lands that she could have no profit by them And that certain VVrits of Nisi prius for to take Inquisition upon the premisses were granted to the said Richard and VVilliam by which in case they should be taken or that there should be such proceedings therein he the said King might easily receive prejudice and disherison especially if thereby his said Tenants should be convicted of those trespasses for then it would appear that he had no right to make that trench Therefore the said King being desirous by all wayes he could to prevent such damage and disherison commanded the before-specified Richard and William that they should wholly supersede the taking of any such Inquisitions by virtue of his said VVrit of Nisi prius In 17 E. 3. Sir Thomas Ughtred Sir Gerard de Useflet and Sir Will. de Kednesse Knights Iohn de Bekingham and Iohn de Langeton were assigned to view the banks betwixt Turnbrigg neer Rouclif and the antient course of the River of Done in the parts of Merskland as also those upon the Rivers of Ayre Use and Done thereabouts which were then much broken by the flouds of fresh waters and to take order for the repair of them In the same year upon a Petition exhibited to the King in Parliament by the Inhabitants of Merskland in this County and they of â—xholme in Lincolnshire shewing that whereas King Edward the second at the sute of them the said Inhabitants suggesting that the River of Done which is the division betwixt the said Counties where the course of the water had wont to be aswell for the passage of ships from the town of Doncastre unto the River of Trent as for the drayning of the adjacent lands was obstructed by the Sea-tides and thereupon gave Commission to Iohn de Donecaster and others to clear the same and reduce it to it 's antient course VVhich Commissioners did accordingly cause a trench of xvi foot and one grain of Barly in bredth to be thereupon digged at the chardge of the men of those parts from a certain place called Crulleflet hill unto Denmyn and did thereby reduce that stream into it's antient course And that since the said trench so digg'd there were bridges floud-gates and divers other obstructions made anew in the said stream so that it had not sufficient bredth but that the passage of ships was hindred and the adjacent grounds overflowed he therefore constituted Roger de Newmarsh Thomas de Levelannor Iohn de Ludington and Iohn de Rednesse his Commissioners to remove those obstructions In the same year upon information by the Inhabitants of Rykhale Skipwith Eskrik Styvelyngflet Duffeld and Bardelby that the banks of a certain Sewer which passeth from the River of Ouse unto Rikhale were so low and ruinous at Rikhale that by the flowing of the Ouse entring that Sewer and going over the banks thereof divers lands and Meadows of the said Inhabitants of those places as also a certain Road-way which goeth from Hoveden to Yorke and another which commeth from Selby to Yorke through want of repair of those banks and raising them higher were many times overflowed so that the before-specified Inhabitants for many years past had lost the benefit of their said lands the King therefore assigned Will. Basset Sir Will. de Rednesse Knight Robert de Haldanby and Iohn de Bekyngham his Commissioners to enquire thereof and to redresse the same By virtue of which Commission they the said Robert and Iohn sate at Rikhale upon Friday being the Feast of the decollation of S. Iohn Baptist in the year abovesaid before whom Henry de Moreby and his Fellow Jurors being impanelled and sworn did present upon their Oaths that there was a certain Sewer at Ryhkale called Rykhaleflete in the land of the Bishop of Duresme and the Prebendary of the Prebend of Rykhale by which the waters that descended from the Fields of Eskrik Skipwith and Rikhall fell into the River of Ouse and had done so time out of mind and that the banks of the said Sewer and those lying near thereto upon the said River were so low and the same Sewer by the frequent ebbing and flowing of the Ouse so worn away and enlarged in regard that the course of that River from Rikhale towards the Sea was then more straightned than formerly by banks upon the verge thereof newly made for the safeguard of the Country in divers places which causing it in Floud-times to rise higher than usually did by it's entrance of that Sewer over those banks drown much land meadow wood and pasture belonging to the Inhabitants of Rikhale Skipwith Eskrik and Thurgramby so that they often lost their benefit of those lands through the want of repair and raising the banks of the same Sewer viz. of the Bishop of Dureâ—me his Lands about Lxiiij Acres of the Lands belonging to the Prebendary of Rikhale and his Tenants about an hundred Acres of the land of Iohn de Manesergh about xxx Acres of the lands belonging to the Abby of S. Marie in Yorke lying in Escrik Park about Lx Acres of the lands pertaining to Sir Raphe de Lascels Avice la Constable Nicholas Damory the Prioresse of Thikheve and her Tenants about Cxx Acres of the lands of Edmund de Averenges and Iohn de Skipwith about Cxx Acres And they also said that the Road-way which leadeth from Hoveden to Yorke as also that High way from Selby to Yorke were by reason of that overflowing of the water entring by the said Sewer so often drowned that no man could passe them And that one Will. le Mareschall by reason of the said overflowing was drowned in that Road betwivt Seleby and Yorke the year before and so likewise was one Walter Redhed at another time in a place called Welebrig overflowed in such sort by the said water And being asked through whose neglect it was that those banks were not repaired and who ought to repair them they answered that the Prebendary of the Prebend of Rikhale had in times past a certain Mill which stood in the said Sewer in a place called Rikhaldrun for his own private commodity and a pool raised to a certain height upon which pool was a Causey for the passage of Carts and Waines and under that pool a Sluse six foot in bredth for evacuation of the water descending from the before-specified fields by which Causey and Sluse the tides of Ouse coming up the same Sewer and flowing over the banks thereof entring the said pool were
banks in sunâ—â—y places drowned many cattel and spoylâ—d a great quantity of corn so that the Inhabitants of Tuney Walpoâ—â— Wâ—lsokne West walton 〈…〉 petitioning the King â—or râ—medy â—â—â—rein he assigned Constantine dâ— Moâ—tiâ—â—er Iohn de Hiderseâ—e and Iohn de la â—â—kele to make enquiry theâ—eof and consider of some speedy way of redrâ—ss Whereupon a Jury was impanelled and sworn who presented upon Oath that the Town of Tilney had a câ—rtain bank towards the Sâ—a on the East part of the said Town extending it self from the Town of Clenchwarton towards Wigenhale and containing in length two miles the charge in râ—pair and mâ—intenance of one mile and an halâ— thereof amounted to Lviiil. xs. viz. for â—very perch xviii d. and the other half mile vil. xs. viz. for â—very pâ—rch vi d. And they said that upon Monday next after the Feast of St. Hillary prâ—câ—ding the same bank was so broken by the raging of the Sea in no less than five places that the Town of Tilney was overflowed with the Sea water and the Lands Meâ—dows and Pastures belonging therâ—to continually drowned for the space of seven days by which means their winter-corn then sowed upon the ground was destroyed as also much of the corn and hay in their Barns with C. Murrons and Lx. Ewes to the damage of CCCl. unto the said Town And they said that before thâ—y could make good that bank called the Indike containing four furlongs and an half in length for the safety of the said Town five Messuages and xl acres of ground which were the Lands of Thomas de Ingaldesthorpe and others with divers goods then therein being were utterly lost to the damage of a Cl. And they said that the Inhabitants of that Town expended in the repairing the said four furlongs and an half of the same Indike xll. and that to make the same good as it antiently had been would require Lxl. more And they said moreover that within the compasse of Lx. years then past one Parish Church with the Parsonage was by the breaking in of the Sea ruined and within xxx years a Mannour house of Robert de Scales and of his Tenants and others xx messuages â— with an hundred Acres of Land utterly lost for ever And they farther said that the same town of Tâ—lney had another Bank on the North side tâ—ereof for its defence towards the Sea viz. in length from Tyrington one mile towards Clâ—nchwarton the repair whereof stood them in xls. by the year And that they had another Bank towards the Fen called Pokediche containing in length one mile for defence thereof against the fresh waters the repair whereof stood them in xls. per anum And that the whole yearly chardge which the said town of Tilney did undergo in the repair of the said Banks Gutters great and small Bridges Kays and Schores with several Sewers for the preservation thereof came to Cxll. And they likewise said that this town of Tilney by that grievous tempest so hapning upon the Monday before-specified lost one Gutter called Scales goule to their damage of xxxl. And that the charge in new making of xij new Gutters great and small five Bridges to be new made or repaired and divers Sewers would amount unto xxxl. which of necessity must be done the Summer following And they said that these dangers did every year much increase upon them in regard that the Fifteen taxed upon them for the two preceding years amounted to Lxl. and the raising arming and arraying of Hobelars and Mariners xxl. there being DCCxlvij acres of land lying within them which belonged to the Abbies of S. Edmundsbury and Dereham and other Religious Houses which were assessed with the Spiritualities and therefore contributed nothing therein And they said that the town of Walpole had a certain Bank on the North part thereof for its defence towards the Sea which Bank extended from the town of Tirington to the Gutter of Waltone called Noâ—â—che gole containing in length three miles whereof two miles would require CCl. per annum chardge and the residue xls. And they also said that upon the before-specified Monday next after the Feast of S. Hillarie the same Bank was so torn by the raging of the Sea that the Inhabitants of the said â—own bestowed xll in the repair thâ—reof And they said morâ—over that in the eighth year of the same Kings reign upon the Eve of S. Andrew a certain Sâ—a-bank at Ristofte broke by the violence of the waves whereby two hundred acres of land were utterly lost for ever And that within thirty years thâ—n last past they likewise lost for ever one Parish Church xx messuages and CCC acres of land And likewise that the Inhabitants of this Town were at the yearly chardge of Lxs. in repair of the Gutters great and small with divers Bridges belonging thereto And that the said Town had also another Bank towards the Fen called Pokediche for defence thereof from the fresh waters which Bank contained one mile in length and stood them in xls. per annum repair And they said that the town of Walsokne had a certain Bank for it's defence towards the Sea extending from Warfanglestowe to Emeneth menys and cotaining in length three miles whereof the repair for one mile amounted to xxvil. per annum viz. for every perch vid. And that the same Bank was so broken by the rage of the Sea upon the before-specified Monday that the Inhabitanâ—s of the said Town were at xxl. costs in repair thereof And that in the eighth year of the Reign of the said King upon the like occasion they spent xxxl And that the yearly chardge in repair of the Gutters great and small and Bridges for safeguard of the T said own amounted to Cs. And they likewise said that the same Town had a certain Bank called Pokediche towards the Fen for defence thereof from the fresh waters which Bank containing one mile in length had xls. per annum bestowed thereon in repairs And they said that the before-specified Inhabitants in repairing of one Gutter at Colevile's Mill in the twelfth year of King Edward the second 's reign and another at Coldhirne in the eighteenth year for drayning the waters from their lands to the Sea expended xl l. And that the stream of the water called Wallenhee which had wont to run towards the Sea under the Sea-bank of Walsokne where it had made so great a depth and hollownesse that the Lands in that Town had a sufficient evacuation of their waters to the Sea thereby being at the sute of the Inhabitants of the Counties of Northampton Cambridge Huntendon and Lincolne made to the King and judgement of his Court diverted towards Wigenhale by Well dam the sands were grown to that height in those Chanels wherein it had formerly passed that the waâ—ers of the said Town of Walsokne could not drayn any longer that way by reason whereof no lesse than CCC Acres
Jurors then impanelled and sworn viz. that Robert Russel Bayliff to the Abbot of Ramseye Iohn Mayner Walter Halleman and others had forcibly broke down that Dam at Smal lode or Lytle lode and that one Richard Curteys had done the like at Wadyugstowe Whereupon the Shireeve had command to take them all and imprison them untill he should receive farther directions therein In 8 E. 2. the King being informed that the water whereby divers persons of Cambridge Huntendon and Northampton shires passed with Ships and Victual from the parts of Lenne to Welle to the great benefit of all the Country and especially of the Town of Holme situate thereupon was obstructed by certain men dwelling thereabouts he therefore assigned Iohn de Butetort Robert de Maddingle and Walter de Mollesworth to enquire thereof The next ensuing year Geffrey de Colvile Robert de Maddyngle Laurence de Burewelle and Iohn le Corouner were appointed to view the Banks and Sewers upon the Sea-coast lying in Tyd Neuton Leveryngton and Wysebeche as also in some Towns of Marshland and the parts adjacent within the Hundred of Wisebeche which were then in decay and to take order for their repair The like Commission had the said Geffrey Robert and Iohn together with Nich. de Houtone in 9 E. 2. And in 17 E. 2. the King receiving farther information concerning the obstruction of the water of Welstreme at the Town of Welle before-mentioned whereby Merchants and others were hindred from passing with their Ships Boats and other Vessels from the Town of Lenne unto Yakesle Holme and other places lying in the Counties of Huntendon and Norfolk in such sort as they had formerly used to do and as the Commission in 8 E. 2. above-specified importeth constituted Iohn de Mutford Walter de Friskeney and Will. de Gosefeld Commissioners to enquire thereof What they did herein I have not seen but in 3 E. 3. which was not long after there was a Presentment exhibited to the Justices Itinerant sitting at Northampton by the Jurors for several Hundreds in that County importing that wheâ—eas the course of the River Nene had antiently been directly from Peterborough unto the Lenâ—e in Norfolk by which Corn VVoo and other Commodities were carryed to that Haven and from thence Victuall and other necessaries that about xxviii years then past Walter de Langetone Bishop of Coventre and Lichfield and Treasurer to King Edward the first Grandfather to the then King did for the drayning of his Mannour of Coldham situate in a Fenny Soil by his power and greatnesse cause a Dam to be made at Utwell in the said County of Norfolk with earth and sand so that no navigable Vessells could afterwards passe to and from Lenne as they had wont to do to the great damage of the said King and his people aswell of that County as of Norfolk Cambridge Huntendon and Lincoln shires and that the same stop of those waters from descending to Lenne did cause the Lands Meadows Pastures and Marshes of Burrough fen and Thorney fen with divers others adjoyning to be overflowed and drowned to the damage of the men of that County CCCl. per annum and upwards And that Edmund Peverell son and heir to Robert Peverell Brother and heir of the said Bishop then holding the said Mannour did maintain and continue the before-specified Dam but by what Authority they knew not the Shireeve of Norfolke had command therefore to summon the said Edmund to answer thereto Who appearing in person and being required to say what he could for the keeping up of the said Dam alleged that the before-specified Bishop dying seized of the said Mannour Robert Peverell entred into it as his Brother and heir and that after the said Roberts death he the said Edmund entring as his son and heir found that water so damm'd as hath been observed without that that the said Dam was so made as aforesaid by the same Bishop or that he the said Edmund had continued and supported the same to the common damage c. as had been presented and thereupon did put himself upon the Country and so likewise did Richard Adelburgh who prosecuted for the King And therefore because it seemed expedient to the Court aswell for the King as for his people that there should be a verdict from the Country on that behalf aswell by Jurors of those Counties wherein the damage was assigned as by Jurors of Norfolk in which County the said Dam was alleged to be made command was given to the Shireeves of Cambridge Duntendon Lincoln and Northampton shires likewise that each of them should bring xij honest and lawfull men whereby the truth might be the better known to appear before the King three weeks after Michaelmass At which time came Adam de Fyncham the King's Attorney but the said Edmund though solemnly called appeared not whereupon a verdict was taken against him by default Nor did the Shireeves of any of the before-mentioned Counties make return of their said Precepts therefore new writs were issued out unto them to the same purpose as above-said returnable upon the xvth of S. Hillarie then next following At which time came the said Adam and the Shireeves of Norfolk and Northampton who alleged that the Writs were so long in coming to their hands that they could be nothing therein howbeit the Shireeve of Cambridge and Huntendonshire returned the names of Jurors but the Shireeve of Lincolnshire sent no answer Whereupon the King issued out a Precept to Geffrey le Scrope and his fellow Justices of the Pleas before himself to be holden whereby he signified to them that the Inhabitants of Marshland in Norfolke had complained and the men of Suffolk and Cambridgshire who had Lands neer unto those parts had exhibited a Petition to him the said King and his Council shewing that whereas some parts of Marshland together with a great proportion of those Counties was lost and destroyed by the inundation of the Salt waters as also of the fresh by reason that the said waters and Sewers had not their right course And that King Edward the first passing that way and taking notice thereof did by the advice of his Council assign William Howard and some other to make enquiry touching the premisses who by Inquisitions taken before them found that those parts could not be any other way preserved than by stopping of a certain water called Welle dam And whereas for that respect they did ordain the before-specified obstruction thereof to be made and that afterwards it was presented before him the said Geffrey his fellow Justices itinerant in the County of Northampton by the procurement of some persons for their own particular advantage that the same obstruction was made to their damage Whereupon they caused Edmund Peverell to be impleaded for it and proceeded so far therein as that the said Edmund submitted to an Inquisition thereof which Inquisition being to be taken before
to Dounham brigge unto Stow brink houses to which place it ought to be vi foot in bredth at the top and from thence unto Staple were 8 foot in bredth and of sufficient height And that the Inhabitants of Dounham Wymbottesham and Stow Bardolf ought to maintain the same in manner and form aforesaid Also they said that for the avoidance of the fresh waters falling within certain several grounds and common Fens of Denver aforesaid on the East part and South part of the said great River of Ouse there ought to be made at the costs and charges of the Inhabitants of Denver aforesaid and set at the said Hithe one good and subâ—â—antial Sluce of Stone and Timber with a falling dore for the avoidance of the said Fresh waters into the said great River And that there is an old Bank extending from Upwell Towns end by and through the Common of Upwell called Neatmore unto a place called Moule rech next unto the Common drove of Upwell extending from Upwell Towns end to Welney aforesaid the which Bank was made in the beginning as it should seem for the preservation of certain common and several Fens called Neatmore Low fen Waxbeche and Walsyngham fenns the which Fens amounting to the number of 2000 acres by estimation or more be yearly drowned by the decay of the said Bank And that the said Bank ought to be in height from the plain ground one foot and a half and in bredth in the Foundation 8 foot and in the top four foot in bredth and that the charges of making and keeping the same ought to be born by the Inhabitants of Upwell aforesaid And that there is another old Sewer called Small-lode between Upwell and Outwell aforesaid which beginneth at the great River in Upwell called Northbranch at a certain place called Welhirn yard and extending to Ingram's hirne and from thence to Seman's goole in the same Town Which Sewer ought to be scoured by the Kings Majesty for certain lands in Upwell aforesaid sometime belonging to the Monastery of West Derham by the space of three quarters of a mile And then the said Edm. Beaupre for his Mannour of Upwell â— and Will. Norman for lands sometime Iohn Aylesham's ought joyntly to keep and scour the said Smal lode from Ingram's hirne unto Seman's gole by the space of a mile And further they said that where there be 4 several fields in the Parâ—shes of Upwell and Outwell viz. Plawfield Churchfield Budbeche field and Sondy field the which fields be defended by great Banks kept by the Landholders of the said fields to their great costs they said that by reason of the aboundance of waters falling within the said fields it cannot be conveyed out of them unto the Sea by any of the Sewers before-mentioned for the avoidance therefore of the same fresh waters there ought to be made at the cost and charges of the same fields two Sewers the one to begin at a certain place in the same field called Wadingstowe and from thence directly in a Dyke by a certain Bank called Plawfield dike and so by a certain dike called Baâ—dike and then in a dyke between the Common Droves of the one part and the Lands of Robert Dannet Gent. on the other and so forth in a dike between a ground called the xxx Acres of the one part and the lands of the said Robert Dannet and Anth. Cotton on the other part and so directly into a Pipe or Sluce of Stone under the little River called the Small lode in Upwell aforesaid And the other Sewer to begin at Hilling drove in Plawfield aforesaid and to pass in two Dikes in both sides of the same Drove and so into the Common River called Hermite's Ee and from thence into a Dike between the Lands of Will. Walsyngham Gent. on both parts under the Common Drove called Sprouter's drove and so in a dike between the said Drove on the one part and the lands of William Norman on the other and from thence into the said Dike or Drayn at Bardrove and so into the said Sluce under the said River called the Smal lode and from the said Pipe or sluce unto the Dike belonging to the King in right of the late dissolved Monastery of West Dereham into the said field called Kirkfield and so in a Dike in the the same field between the Kings lands on the one part and the lands of Richard Fyncham Gent. on the other unto a certain ground of the said Richard's called Goddard's and there to be made a Dam between the lands of the King and the Lands of the said R. Fyncham And from thence the same Drayn to extend in a Dike overthware the Lands of the said Richard into a Dike of the same Richard on th' one part and the Lands of the Heirs of Peter Bateman on th' other part and there to be made a Dam between the said Lands and from thence overthwart in a Dike by the midst of certain ground of the King 's called Anbell land into a Common Drove called Dowes drove of th' one part and the said Anbell land on the other part and there to be made a new Dam between the said Lands and the said Drove And from thence to extend in a Dyke between the said Dowes drove and the lands of the King called Derebought land and the Lands late Walter Godard's and one piece of Land called Howardyn of the other part directly into Kirkfield Ditch and then overthwart in one Pipe or Gote of stone under Dowes drove aforesaid and so from thence in a Dike by a certain pasture ground of Ric. Foulesham called the xx Acres on th' other part and Kirkfield dike on the other and so in the said Dike into the Lands of Anthony Croftes and there to be made a Dam between the said Lands on the one part and the said Lands called the xx Acres on th' other part And from thence in a Dyke of the said Croftes directly by the said Kirkfield dyke unto the Common Drove called Eche drove and there to be made a Dam between the same Drove and the Lands of the said Crofte's and there to enter into a Gote or Pipe of stone under the said Drove And then in a Dike between the Lands of the said Croftes on the one part and Kirkfield Dike on the other part and there to be made a Dam on the other side of the said Drove between the same Drove and the said Lands of Croftes and so from thence in the said Dike of Croftes unto the Medow of William Norman somtime Iohn Curtis and there to be made a Dam between the Lands of the said Croftes and the said Will. Norman and from thence in a Dike between the said pasture of the said Will. on th' one part and the said Kirkfield Dike on the other part unto Kirfield Dike Corner â— and there to enter into a great Pipe of Stone and Timber under the said great River extending from
scarce any one could come in or out thereof he granted Commission to the Abbot of Bataille Thomas de Reyns Lieutenant to the Constable of Dovor Castle Will. Batesford Roger de Ashebornham and others to view the said Bridge and Banks and to take order for the repairing of them In 2 R. 2. Will. Horne Roger de Asheburnhamme and Iohn Edward were appointed Commissioners for the view and repair of the banks c. betwixt UUortlyng and Catesfelde In 3 R. 2. upon complaint made to the King by the Commonalty of the Town of UUynchelse shewing that there was a common way called Copgreys then lately leading from the said Town unto Bataille as also a certain Marsh called Dynsoale lying betwixt the Towns of UUynchelse and Hastyngs which way and Marsh through the neglect of some persons in those parts who of right ought to repair and maintain them were destroyed and overflowed by the Sea the said King by the assent of his Prelates Barons c. then sitting in Parliament assigned the Abbot of Bataille Rob. de Bealknappe Will. de Battesford to take view of the said way Marshâ— and to enquire by the Oaths of honest and lawful men c. through whose default those damages had hapned and who had used and ought to repair them and to compell them thereto in such sort as in Romeney marsh in the like case had been accustomed And moreover to do and perform all things therein according to the Law and Custome of this Realm and the Laws and Customes of Romeney marsh aforesaid In 4 R. 2. Sir Thomas de Hungerford Knight Iohn Prior of Michesham VVill. Horne Roger Ashburnham and others were made Commissioners for the view and repair of those banks upon the Sea-coasts betwixt the town of Bourne and the Towns of Helyng and Bixle And the next year following Sir Edward Dalyngrugge Knight Sir Edmud Fitzherbert Knight Iohn Edward VVill. Olmested and Thomas Blast were in like sort constituted for those within the Rape of Pevenese In 6 R. 2. the King directed his Precept to Adam de Limbergh Guardian of his Manour of Idene commanding him that out of the form of the said Manour he should cause the banks and ditches belonging thereto to be repaired where need was according to the judgement of honest and lawful men of those parts Other Commissions in this King's time were these viz. in 7 R. 2. to Robert de Ashton Constable of Dovor Castle Robert Bealknap Sir Edward Dalingrugge Knight VVill. de Horne Peter Rede and VVill. Batelesford for those banks c. in the Towns of Idenne Rye Odymer Brode Farlegh Pette UUynchelse Iclesham Gestling and UUestfield In 8 R. 2. to Sir Robert Bealknap Sir Tho. Hungerford Knights Roger Ashbournham Will. Batisforth and Iohn atte Broke for those betwixt the Town of Bourne and the Towns of Helyngham and Bixle In 14 R. 2. to Sir Thomas Colepepir Knight Will. Rikhill Roger Ashburnham Stephan Bettenham and Iohn Edwards for those betwixt the Town of Kentbregge and Newenden then much broken by the violence of the Sea And to act therin according to the Law and Custome of this Realm and the Custome of Romeneye marsh In the same year to Hugh de Sowches Iohn Falwesly Will. Percy VVill. Brinchesle and others for those betwixt the Town of Ifeld and the main Sea upon the River of Lewes and Passage of Pulberowe and the main Sea and upon the River of Arundell on both sides of the banks and to do all things therein according to the Law and Custome of this Realm In 15 R. 2. to the Abbot of Begehame the Prior of Michelhame Iohn Devereux Constable of Dovor Castle Sir Will. Fienles and Sir Roger Newent Knights Will. Batelesford and others for those upon the Sea-coast and Marshes in the Towns of Peveneseye Aylesham UUrotlynge Hoo Herst Monceaux Mankesheye UUylyngdon UUesthamme Horsye and elswhere from the head of Godyng to Clune of Bourne And so likewise by another Commission for those within the Precincts of the Townships of Ashbournhamme and Bourne In 17 R. 2. to Will. Rikhille VVill. Brenchesle Vincent Fynche Robert Oxenbrigge and Iohn Lynot for those in Farlegh Pette-Gestlyng Brede Westfeld Odymere and to act therein according to the Law and Custome of this Realm and the Custome of Romene marsh And in 20 R. 2. to the Abbot of Bataille Prior of Hastyngs VVill. Brenchesle Robert de Ore and others for those betwixt Hastinges and Bulwerheche and to proceed therein as abovementioned The next year following upon a Commission issued out to the Abbot of Begeham Prior of Michelham Sir Wil. Fienles Knight VVill. Makenad and Iohn Broke touching the repair of the banks c. betwixt Ashebournehamme and Bourne the Jurats inter alia presented that the bank beginning at Borham brigge and going to the land of Sir VVill. de Hoo Knight was in decay through the default of the Abbot of Begeham and his partners And from thence the Bank leading to the land of Stephan Plasted through the neglect of Sir Will. de Hoo Knight And from thence the banks reaching to the bounds of Marcopson through the default of Stephan Waller and VValter Sumpter And the banks reaching from that place to the Land of Iohn Sweteblod in default of Sir Philip Sencler Knight And thence the bank tending to the land of Sir Philip Mested Knight in default of the said Iohn Sweteblod And thence the bank stretching to the land of Sir Will. Fienles Knight in default of the said Sir Philip Mested And thence the bank tending to the land of Simon Lot in default of the said Sir VVilliam Fienles And thence the Bank tending to the old sluce of Pevenese in default of the said Simon Lot All which persons by reason of their Land-holdings within the said Marsh were obliged so to repair and maintain those banks by parcells their Ancestors and those whose estates they had having time out of mind so done And that then through such their neglect many losses had befallen those parts And they also certified that the Sewer beginning at the bounds of Squabber and extending it self to Gorebreggs and so to Sakevylestrow and so to Yortham and thence to Rikenebrigg and so to the old Sluce of Pevenese and thence to Wyllendonestrow and so to the Gutter made through the midst of a Hillock by which the fresh waters descending to the Sea from six thousand three hundred fifty eight Acres three Rodes and a half of Land Meadow and Pasture had wont to passe and of antient time ought so to do anâ— from the said bounds of Squabber to the said old Sluce of Pevenese was then filled up and obstructed with grasse reeds and other filth for a long time suffered there to grow and from the said old Sluse of Pevenese to the said Gutter in such sort as that by the shallownesse thereof the course of the water
was much hindred and obstructed through the default and neglect of all the Tenants of the before-mentioned 6358 Acres 3 Rodes and a half of Land with the appurtenances who according to their proportions were also obliged to those repairs That is to say the Tenants of two hundred and nine Acres of land Meadow and Pasture thereof lying in the Marâ—h of Megeham two furlongs and seventeen perches of that Sewer in length beginning at the said place of Squabbar and so going on unto ............ And all those Tenants from the said place of Gorebreggs to the place called Sakevylestrow for the said Tenements one moytie of the said Sewer towards the North. And all the other holding an hundred fourscore and ten Acres of land Meadow and Pasture in the Marshes of Megeham and Whelpole the other moytie of the said Sewer towards the South containing in length sixteen furlongs And the Tenants of three hundred and sixteen acres of land Meadow and Pasture in the Marshes of Boghele Balle and Herst-Monseux from the place called Sakevylestrow to the place called Ladytrowe seven furlongs of the said Sewer And from the said place called Ladytrowe all the said Tenaâ—ts of the Lands and Tenements aforesaid in the Marshes of Megeham Whelpole Boghele Ball and Herst-Monseux for those their Tenements seven furlongs of the said Sewer unto the said place of Yortham And from thence the Tenants of eight hundred ......... and four Acres in the Marshes of Horsye and Doune for their Tenements three furlongs and nine perches of the said Sewer unto the said bounds of Rikenebrigg and from that place to â—â—e old sluce of Pevenese and thence to the place called Wyllindonestrow the said Sewer to be repaired by all that hold the said lands in the Towns of Wortling ................ Horsye Mankesye Haylesham Westham and Pevenese in common and that in the evacuation of the fresh waters by the said Sewer if thaâ— Sewer should be enlarged they should have benefit and full safeguard without any contribution from the other Lands and Tenements lying in the Towns of Bourne Langenere and Willyndon which from that time by the law of the marsh ought not to contribute to their repair forasmuch as those lands could not in any wise be preserved by the said Sewer And they farther certified that there was another Sewer beginning at a place called the Hokes and extending to the Clyne of Langene and so to the said place called Wyllindonestrow by which the fresh waters of the said Lands and Tenements in the Marshes of Bourne Langeneye and Wyllingdon descending to the Sea were voided away Which said Sewer the Tenants of those lands and Tenements in the Towns of Bourne Langeneye Willyndon ought to repair and maintain for evacuation of the fresh waters and that they and their Ancestors did time out of mind so do And that the said Sewer in that place called Willindonestrow unto the said Gutter ought to be repaired by all the land-holders except within the before-specified limits so that the fresh waters being conjoyned by both the said Sewers might passe to the said Gutter and be thereby evacuated which Gutter to be repaired at the common chardge And that from .......... unto the house called Wyllindonestrow and to the Sluce of Pevensey it ought to be repaired at the chardge of all the said Land-holders in the Towns of Wortling Otham Hurst-Monceux Horsie Mankesie Haylesham Westham and Pevenesey only and that thence to the said Gutter it would be necessary for the safeguard of the whole Marsh to enlarge the same Sewer in bredth two perches and in depth three foot at the chardge of all the Tenants of the whole Marsh within the bounds and limits aforesaid And they presented moâ—eover that from the said place called Wyllendonestrow by the side of the said old Sewer on the East it would be fit to have a a new Sewer made in the common Marsh in bredth three perches and in depth xv foot extending to the said Hillock as also a new Gutter through the midst of that Hillock in length xx perches in bredth eight foot and depth two foot and an half and to enlarge the old Gutter unto sixty foot in length the chardge of all which was then esteemed at CClibr. And they farther certified that if the said Sewers and Gutters should be so repaired great profit and safeguard would accrue thereby but if speedy remedy were not had the losse in a very short time would be inestimable Whereupon command was given aswell to the Constable of Dovor Castle and VVarden of the Cinque Ports or his Lieutenant as to the Shireeve of Sussex to summon the Abbot of Begeham and his participants as also all and singular the land-holders in the Villages aforesaid to appear before the said Justices at Westham upon Monday next after the Feast of the Purification of the blessed Virgin to answer why c. as also all the land-holders within the said marsh that they should likewise then and there meet to perform and do what should be directed by the King 's VVrit so sent unto the said Lieutenant c. And the said Shireeve did make his return at that appointed day before the said Justices that he had given notice accordingly unto the Abbot of Begeham c. as also to the land-holders in the said Marsh to appear at Westham upon the day before-specified Divers others were then also summoned by the said Shireeve in like sort some whereof appeared but the Abbot of Begeham and many others came not And those that appeared answered that neither they nor their Ancestors whose estate they then had in those lands with the other lands tenements lying in the said towns of Wortlyng Otham Herst-Monceux c. had used to repair in common the before-mentioned Sewer from the place called Rikenebrig unto the old Sluce of Pevenese and that in case they had so repaired those Gutters and Sewers they should have had no benefit by the evacuation of those fresh waters as by the said Presentment was then supposed VVhereupon by virtue of another VVrit directed to the said Constable of Dovor a Jury was impanelled and Sir William Hoo Knight with divers others being summoned did appear in person and did severally say as to their Tenements lying in the said Town of Mankesye without the liberty of the Cinque Ports that there was a Sewer called Mankesey streme beginning at a certain boundary called Herstbolt and extending it self under Walleres Haven unto the old Port of Coding by which Sewer the fresh waters descending into those parts were evacuated and that they and their Ancestors whose estate they had in the beforespecified lands did use time out of mind to repair the said Sewer and had commodity and ample safeguard thereby without that that they and their Ancestors and those whose estate they had in the Tenements aforesaid did in common repair and maintain that Sewer beginning at the boundary called Squabber tending to Gorebreggs and
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
appearing said upon their Oaths that there was not then nor ever had been any such common Sewer in Hornese â— as was presented and therefore that the said Abbot and Covent neither did nor had used to repair any such bridge over the same But they said that the said Town of Hornese had wont to repair a certain bridge there of one foot in bredth for foot folk for their own proper useâ— and therefore the said Abbot and Covent was dischardged In 23. H. 6. Iohn Portyngton Sir Iohn Constable VValt Gryffith Robert Hatfield Rob. Rudstone and Thomas VViltone were assigned to view and repair the banks c. within this liberty of Holdernesse and the Wapentakes of Bokeres Dykeryng and Herthill in the Est Rything of this County And to make Laws and Ordinances therein according to the Laws and Customes of Romeney marsh The like assignation in 24 H. 6. had Sir Iohn Constable Knight Rob. Hattefield Alexander Lounde Rog. Rodestone Henry Thwaytes Thomas VVilton and Iohn VVencelagh and to proceed therein as aforesaid So also in 28 H. 6. had Sir Iohn Melton Knight Iohn Constable of Halsham Esquire Rob. Hatfield Alexander Lound Henry Thwaytes and the rest In 33 H. 6. Robert Aunsell Mayor of the Town of Kyngston upon Hull Hugh Clyderowe Iohn Haynson and others were constituted Commissioners for the view and repair of those banks c. from Dripole in Holdernesse to Elytone and to act as aforesaid The like Commission in 37 H. 6. had Sir Iohn Melton Knight Iohn Constable of Halsham Esquire Rob. Hattefield Alexander Lounde Henry Thwaytes Guy Fairfax VVill. Eland and Thomas VViltone for all those within the liberty of Holdernesse and in the VVapentakes of Harthill Dykering and Bukrose viz. on the East part of the way which leadeth from Hesyll to Bayntone thence to Driffelde thence to Bridyngton adjoyning to the said liberty of Holdernesse And in 4 E. 4. Sir Rob. Constable and Sir Iohn Constable Knight Robert Hilliard Iohn VVenslagh Rob. Sheffield and VVill. Eland were assigned to view and repair all those which were then in decay on the VVest part of the said way from Helyll to Baynetone and from thence to Bridlyngtone and thence to the Sea and so in all Holdernesse and other parts on the East and South side of those places So also in 13 E. 4. were Rob. Sheffelde Edward Saltmershe Iohn Copyndale Roger Kelk Iohn Middiltone and Thomas Minskip for those on the East part of that way which leadeth from the Lordship of Lekynfield unto Cotingham and from the Lordship of Cotyngham to Waghene and thence to the River of Hulle unto the Lordship of Eske and also to proceed therein as aforesaid CAP. XXIV FOr the repair likewise of divers banks and Sewers in several other parts of this County there were upon occasion sundry Commissions issued viz. in 16 E. 1. to Thomas de Normanvile and Simon le Conestable touching those upon the Sea-coast and Verge of Humbre And so also the year following for those betwixt the River of Humbre and Lambflete The like Commison in 31 E. 3. had Robert de Herle Thomas de Seton Iohn de Moubray and Will. de Routhe at the request of Iohn of Gaunt then Earl of Richmund a great part of his lands Meadows and Pastures from the Mill at little Hoton to the Towns of Yafford and great Daneby being by the overflowing of the River Wyske for want of clensing the Chanel thereof much dampnified And in 34 E. 3. Robert de Herle Godfrey Fuljaumbe Iohn Moubray and others were appointed to view and repair the Banks and Sewers upon the River of Wyske from Stokedale heved to Brakenbergh and thence to the River of Swale In 38 E. 3. it was by an inquisition found that through the extraordinary overflowings of the river Ouse which broke the banks very much the Mannor of Moranwick was totally drowned And upon a pleading in 44 E. 3. the Jurors presented that the Sewer called Fosse which runneth to the great river of Fosse from a place called the Walbot enge without the Town of Strensale unto the Abbots milne in the Suburbs of the City of Yorke was so filled up with mud and weeds that the rain descending thereabouts could not passe therein as it had wont to do And that it ought to be scoured by the Towns of Strensale Esterwyk Touthorp Haxby Huntingdon and Clifton Neither was it gain-said by the said Towns of Strensale Esterwyk and Haxby but that they ought to clense and repair the same wheresoever their land lay adjacent thereto therefore the Shireeve had command to distrain them In 3 R. 2. Will. Latimer Roger de Fulthorpe Iohn de Clifford Thomas Lovel and Iohn de Sadyngton were constituted Commissioners for the view and repair of the banks c. in the Wapentakes of Bulmere Ridwell and Bridford The like Commission in 6 R. 2. had Henry Percy Earl Northumberland Sir Robert Conestable Knight Sir Peter de Bukton Knight Iohn de Aske Thomas Lovel and Thomas de Beverley for those betwixt Kingston upon Hull and Darwent and the parts adjacent Upon a pleading in 5 H. 4. the Jurors found that there was not any common Road-way in Skakilthorp and Popilton through the pasture of Skakilthorpe and that the Abbot of S. Maries in Yorke ought neither to clense the Sewers there called Fowlfosse nor repair the said way the Abbot therefore was dischardged Upon the like pleading in 14 H. 4. it was also found that the River of Derwent at the Conyngdyke and over against the Calf gate was so obstructed that it did overflow the Meadows of Knapton Skamston and Wintringham and that the Abbots of Rivaulx and his Predecessors ought to scour it But the Abbot having seen the said Presentment and pleading that forasmuch as mention was made in the Presentment that the damage done thereby was only to that Town in which case a particular action lay by the said town against him by the Law of the Land and not to the King except it had been a common nusance which was not supposed by the same Presentment therefore the said Presentment being insufficient of it self he was dischardged In 7 H. 5. Will. de Lodyngton Sir Richard Redmayn Knight Rob. Waterton Rob. Maleverer Guy Roclyff and Iohn Dawney were appointed to view and repair the banks and Sewers betwixt the Rivers of Use and Ayre in this County and to do all things therein according to the Custome of the Marsh and the Law and Custome of this Realm The like in 11 H. 6. had Iohn Archbishop of Yorke Rich. Duke of Yorke Rich. Earl of Salisbury Iames Strangeways Sir Rich. Stanhope Knight Raphe Bapthorpe others for all those betwixt the River of Trente the Kings High way which leads from the town of Ferribrigge unto the town of Worsoppe called Watlyngstrete and thence by the common
high way which leadeth from the said town of Worsoppe to the Town of Dunham and from thence to the Rivers of Ouse and Eyre on both sides the Rivers of Idul North-Idull Done Wyk and Went in the Counties of Yorke Notingham and Lincolne And to make Statutes and Ordinances necessary thereto consonant to the Laws of Romeney Marsh c. As also to take up so many Labourers upon competent wages in respect of the great and urgent necessity of the work as should be requisite for that imployment So also in 17 H. 6. had Iohn Portyngton Guy Rouclyff Raphe Bapthorpe Peter Arderne Rob. Rouclyff and others for those upon the Sea-coasts and Marshes at Scardeburgh betwixt Southstele and the Hospital of S. Nicholas at Scardeburgh CAP. XXV IN this kind of improvement there was something also in Derbyshire as it seemeth and that very antiently though the particular places be not exprest for in 12 E. 2. there were two Commissions issued to certain persons of quality in this County for to view the banks Ditches and Sewers then broken and in decay in several parts thereof and to cause them to be repaired the first to Will. de Herle Richard de Wylughby Iohn Deincourt and Richard de Whatton and the second to the said Iohn Deincourt and Richard de Whatton together with William de Gretton and Roger de Breton CAP. XXVI TOuching the Banks and Sewers in this County the first mention that I find is in 11 E. 3. there being then a Presentment made in the wapentake of Bersetlawe against several persons for diverting the stream of the River of Iddle into the Hel-dyke without any penalty imposed upon them for so doing but they being summoned to appear in the Kings Bench to answer their doings therein said that the Shireeve had a VVrit to levy xl. upon them for damage the said Shireeve therefore was required by that Court to transmit the said presentment thither In 16 E. 3. the King being informed that the Rivers of Deven Smyte and Kersyk as also certain Ditches and places through which divers waters in certain parts of the vale of Belvoir within the Wapentakes of Bingham and Newerke betwixt the towns of Flintham and Orston so descending into the said River of Devene and thence into Trent did then run and had used to do were so much straightned by sand mud and plantation of trees that by reason thereof and for lack of certain trenches which would have been very necessary in those parts for the drayning and preserving the low grounds and meadows there the Lands Meadows and pastures of many people in those parts had been often overflowed by those waters and did so continue he constituted Iohn de Vaux Geffrey de Staunton and Iohn de Ker his Commissioners to view the said waters and Ditches and to cause new trenches to be digg'd in any of the said lands meadows or pastures there where need should be so that competent satisfaction were made to all such in whose grounds those trenches might happen to be cut according to the true value of the damage which would be thereby done thereto And in 25 E. 3. upon farther information that the said Rivers passing through the VVapentake of Newerk betwixt the towns of Staunton Kilvington Flanbergh Shelton Sibethorpe Syreston Eyleston Stoke Farmedone Thorpe Cotum and Houton and from those towns descending to the said River of Dyvene and thence into Trent were also in such sort obstructed as that the Lands Meadows and Pastures of divers persons were overflowed And moreover that the Bridges and Causeys at Wendlâ—sford Horscroft Bourbrig and Langbrig and divers other bridges and Causeys in those parts that there was scarce any passage at all by them in the VVinter time to the great peril of such as travailed over them the King appointed Geffrey de Staunton Thomas de Sibethorpe Iohn de Sutton Will. de Leyk and Simon de Leyk to view them and to cause new Chanels to be made where need should require making reasonable satisfaction to the owners of those lands through which they were to cut answerable to the damage which they might have thereby In 37 E. 3. Iohn Power Robert de Morton Oliver de Barton and Iohn Stirapp were assigned to view the passage of the River of Idel through the towns of West-Râ—tford Bolin Tilne Sutton Lound Matherseye Scroby Skaftâ—worth Claworth Everton and Herewell and to cause them to be clensed and scoured in regard that by their obstruction with sand weeds and the like the lands and meadows of divers persons had been overflowed and drowned The like Commission in 51 E. 3. had Raphe Lord Basset of Drayton Will. de Skypwith Roger de Kirketone and others for to view the Banks and Sewers betwixt Bykers dyke on both sides in this County and Done hevede and to cause them to be repaired where need was In 1 R. 2. Will. de Skipwith Robert de Morton Oliver de Barton Elias de Thoresby Iohn de Bekering Will. Power of Tylne and Iohn de Whetlay were constituted Commissioners for to view the course of the River Idâ—l through the towns of Elkeslay Gamelston Eton Ordeshale Est-Retford West-Retford Bolum Tylne Sutton Lound Mathersay Thorpe Scroby Scafteworth Claworth Everton Harewell and Hayton which for want of clensing had drowned the Lands of sundry persons and to cause the same to be scoured The like Commission in 18 R. 2. had Henry de Codyngton Clerk Iohn de Markham Sir Iohn de Burton and Sir VVill. Nevill Knights Robert Martell and Thomas de Sutton for certain Gutters in the vale of Belvoir and in the VVapentakes of Bingham and Newerk betwixt the towns of Langar and Bingham by the towns of Flyntham and Hokesworth and Hokesworth Thurvarton and Orston and other places descending unto the River of Dyvene and thence into Trent which Gutters were then also obstructed with sand weeds and other impediments to the great damage of the adjacent grounds by overflowing c. So also in 20 R. 2. had the said Iohn de Markham Sir Iohn Bozoun Knight and Richard Bercotes for the same Gutters and trenches which by reason of the like obstructions for lack of certain trenches that ought to have been made for the drayning of the grounds lying neer them especially overthwart Sireston meadow unto the said River of Devene with power to make new trenches where they should find it necessary and to compell every man having land capable of any benefit thereby according to the proportion thereof for to assist therein In 30 H. 6. Iohn Cardinal and Archbishop of Yorke Iohn Vicount Beaumont Sir Raphe Cromwell Knight Raphe Byngham Iohn Portyngton and others were appointed to view and repair the Banks and Sewâ—rs betwixt Bykers dyke and the River of Done on every side lying within this County and the Counties of Yorke and Lincolne and Confines of the same and
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
of the Fishing had set up And that Henry Earl of Northumberland of right ought to repair the same Sewer from the Clowes to the Southdykehyrne by reason that he held the Fishing there in severalty as belonging to his Mannour of Thorpe And that the Lords of Bullingbroke and Dalby or their Fermours ought to clense the said Sewer from Southdike hirne unto the Eas ende because they had the fishing there in severalty And they likewise presented that there was a fourth Sewer called Theviscrik beginning in the Mosses of Friskenay at VVilliam Barnagates and extending it self to the Eas end where the four streams do meet and that it ought to be in bredth ten foot and dept five but was then also obstructed by a certain Were which the Fermours of the fishing had made and ought to be repaired by the said Town of Friskenay And that the Sewer called Eas end where the four streams meet ought to be in bredth fourty foot and in depth fourteen to the Sea and repaired by the Soke of Bullingbroke as often as need should require And they farther presented that it would be requisite that a new pair of Floud-gates should be made at the Damme in bredth xij foot and depth according to the discretion of skilful persons And that all the Towns within the Soke of VVapentake of Bolingbroke as also the towns of Wrangle Leake Leverton Benington Butterwick Freston and Tofte ought of right to repair maintain open and shut those Floud-gates at proper times on their own costs and chardges for ever excepting in Timber Iron VVork and also VVages of Carpenters And to the end that all discord betwixt those Towns touching the repair of the said Floud-gates might for the time to come be prevented it was then accorded by and between them with the common assent aswell of the said Duke of Lancaster's Counsel the Lord of Willughby and Abbot of Revesby as of all other Lords and Inhabitants or their Free-holders dwelling in those Towns in form following viz. that every of the said Townsmen should then at the first levy and collect for the said repair the fourth part of such a summ as the same Town had antiently been assessed at to a Fifteen granted and payable to the King by the Commons of England VVhich said summ so levyed to be delivered unto two discreet men to be chosen by four throughout all those Towns who should be obliged from year to year as followeth First two of the Soke of Bullingbroke at the next Court of the Duke of Lancasteâ— at Bullingbroke before Michaelmasse yearly to be held before the Steward or his Deputy there And two other of the Towns within the Wapentake of Skirbeck above named to be chosen from year to year at the said Duke's Court next before Michaelmasse at Wrangle before the Steward thereof or his Deputy which four so to be elected to be aswell of the Tenants of the said Lord as of the Tenants of any other Lords according to discretion And they to meet at Waynflete twice every year viz. once within a month after Easter and Michaelmasse and then to oversee those floud-gates and all the Sewers aforesaid and if any defect should be found in them then to cause them to be repaired and amended with all speed according as in their discretions they should think most meet And that at such their meeting after Easter the said two so elected for those disbursements as aforesaid to render their Account before the said four touching those common repairs and expences And in 17 R. 2. to Sir Philip Tilney Knight Iohn de Crosby Iohn de Rocheford of Boston Iohn Laund of Pynchebek Thomas de Tofte and Iohn Waleys for those betwixt Hildyke and Bolyngbroke and to hear and determine all things therein according to the Law and Custome of this Realm and the Custome of Romeney marsh as also to take up so many Labourers upon competent wages as they should think needfull for that work considering the necessity of expedition therein In 19 R. 2. there was a Presentment made in the Kings Bench in Easter term which was then held at Lincolne by the Jurors of divers VVapeâ—takes in this County that the Marshes of Est Fenne and Westfenne as also divers Lands Meadows and Pastures lying in the towns of Leek Wrangel Frâ—fkeneye and Waynflete betwixt the waters of Wythom and Waynflete were drowned by a great â—undation of water so that all the Inhabitants of those towns and of the Soke and VVapentake of Bolingbroke did wholly lose the benefit of their lands and Marshes there through the defect of a certain floud-gate at Waynflete which was so narrow that the course of the waters passing that way could not go to the Sea and that the town of Waynflete ought to repair that floud-gate as antiently they had wont to do And the said Jurors farther alleged that the same floud-gate was not of bredth and depth sufficient to convey the said water to the Sea and that it would be necessary to have another floud-gate new erected near unto the same of xviij foot in bredth and that the towns of Leek Wranghill Friskeney and Waynflete together with the Soke and VVapentake of Bolingbroke as also all thâ—se which had Common of Pasture in the said Marshes ought to contribute to the making thereof And that when is should be made then the said town of Waynflete to repair and maintain it at their own proper costs untill it should be necessary to make it anew excepting timber and Iron And they said moreover that except this were done both the Marshes lands meadows and Pastures aforesaid and Commons in those towns Soke and wapentake before-specified would wholly be lost And they also said that there was a certain Sewer from Hasend at UUaynflete unto the said Floud-gates wherein the Duke of Lancaster and the Lord of Dalby had fishing who in respect thereof ought to repair and clense the same The Shireeve thereof had command to summon all those Towns to answer this their neglect The next year following the Towns of Dunham Scothorne Reresâ—y and Staynton being presented for neglecting to repair the Sewer called Fen dyke which extends it self from the town of UUelton to Langwath and not denying but that they ought to maintain the same were each of them amerc'd at xld. In the same year the Inhabitants of Wytherin Scrubby UUodethorpe Malteby Besby Hamby Markeby Billesby Alford UUelle Salby Thoresthorpe Riggesby and Aby being presented for not repairing the Sewer called the South gâ—ist lying betwixt Malberthorpe and Trusthorpe which extends it self from a place called Axiltrehirne to the Sea and by which all the course of the water of those towns had used of right to run to the Sea for the safeguard of the said Towns which said Sewers together with the Gote called UUall-gote was then stopt up did put themselves upon the Country the Shireeve therefore had command to summon a Jury
therein to the said Commissioners at Sleford And about two years after this there was a Presentment made in the Court of Kings Bench that the Chanel of this Rivâ—r in Wildemore neer Coningesby was bending and defective betwixt the said River and a Sewer called Muardyke in Coningesby so that the Marshes of Wildemore and Bolingbroke were overflowed and drowned thereby and that this was through the default of the said Town of Coningesby who ought to repair the same In 1 R 2. William de Skipwithâ— Raphe de Threske William Vincent and William de Candelesby were constituted Commissioners for to view the defects in repair of a certain Ditch lying betwixt Snartford bridge and the before-specified River of Wythom and to enquire who ought to repair the same And in 6 R. 2. the King being informed that the said River of Wythom as also that of Brant and certain Ditches and places whereby divers waters in the County of Noâ—ingham and this of Lincolne did and had used to run from the Town of Cleypole and so down by Lincolne unto the same River of Wythom were so choaked up with mud and obstructed with the planting of Trees that by reason thereof and of certain Floud-gates the current of the said water being hindred the lands meadows and pastures of divers persons had been very often overflowed and did at that time so continue he assigned Iohn Bussy Henry Asty Thomas Claymond and others to view the same and to make the said Chanels and Ditches larger so that they might be xl or xxx foot wide betwixt the Banks and ten foot in depth The like assignation had William de Crosseby Iohn de Rocheford of Boston Iohn de la Launde of Pynchebek Thomas de Tofte and Iohn Waleys in 18 R. 2. for the view and repair of those Banks and Sewers betwixt Hill dyke and Bullingbroke and betwixt this River of Wythom and the Sea and to do all things therein according to the Law and Custome of this Realm and according to the Custome of Romeney marsh As also to take so many Diggers and Labourers upon competent salaries in regard of the then urgent necessity as should be sufficient to accomplish that work So also in 3 H. 5. had Sir Robert de Wylughby and Sir Thomas de Wylughby Knights Iohn Cokayn William de Lodyngton Iames Strangways and others for all the Banks and Ditches from this River to the Sea and to proceed therein according to the Law and Custome of this Realm CAP. XXXII Observations touching the whole Great Levell HAving now done with all the Marshes situate within the Province of Lindsey in this County and continning still my course South-East wards I come next to that Great Levell which extendeth it self from about Halton Toynton in Lincolnshire through a good part of six Counties viz. Lincolne Norfolk Suffolk Cambridge Huntendon and Northampton being in length no lesse than Lx miles and in bredth from Peterborough in Northamptonshire to Brandon in Suffolk neer fourty miles all which excepting the Isle of Ely and some few places of that Kind as also Holland in Lincolnshire and Marshland in Norfolk both which have been long ago by great industry gained from the Sea as I shall clearly shew by and byâ— were for the space of many ages untill of late years a vast and deep Fen affording little benefit to the Realm other than Fish or Fowl with overmuch harbour to a rude and almost barbarous sort of lazy and beggerly people But before I begin to manifest how and by what means the drayning improvment thereof hath been accomplished it will be proper I conceive to shew 1. First what this large and spacious tract originally was 2. Next how it came to be overflowed by the Sea 3. How Holland and Marshland were first gained from the Sea 4. How the main Levell before-mentioned came first to be a Fen. 5. The rise course and outfalls of the several Rivers passing through it 6. How those their outfalls became obstructed 7. The vast extent and great depth of the fresh waters occasioned by these obstructions of their out-falls What this great Levell was at first THat this vast levell was at first a firm dry land and not annoyed with any extraordinary inundation from the Sea or stagnation of the fresh waters I shall now endeavour to manifest which may perhaps seem strange to many but when it is well considered that Timber-trees will not grow and thrive where water for the most part stands or in Moor which by tract of time is bred and increased in such moist places both the one and the other may with much probability be granted The casebeing then thus stated it nowremains for me to prove that such have heretofore been bred and prospered in sundry parts of this now Fenny Country which is no hard matter to do divers persons yet living being able to testifie that in the late digging of those Chanels anâ— Drayns as have been made for the exsiccation thereof great numbers of such Trees of several kinds have been found most of Oak and Firr and few of them severed from their Roots but of such as be so severed the Roots are observed to stand in the firm earth below the Moor of which sort I my self have seen some that were taken up in the Fens neer Thorney and have had credible information of multitudes found in other places whereof some were digg'd up at the cutting of that large Chanel called Downham Ea which extendeth it self from Salters lode about four miles Northwards towards Linne Moreover in Marshland about a mile VVestward from Magdalen bridge at the setting down of a Sluse very lately there was discovered at xvij foot deep divers Furze bushes as also Nut-trees pressed flat down with Nuts sound and firm lying by them the bushes and Trees standing in solid earth below the silt which hath been brought up by the inundations of the Sea and in time raised to that great thicknesse Add hereunto what I have already observed in the Isle of Axholme touching the Trees of Oak and Firr found in such great numbers at the making of those Ditches and Sewers for drayning of that Fenn which though it lye not contiguous to this out of all doubt is on the like levell and was apparently a woody Country at the first To give farther instance therefore to demonstrate so evident a truth there will be no need so that I shall hence proceed and in the next place manifest upon what occasion this great alteration grew CAP. XXXIII How it became overflowed by the Sea GRanting therefore that this Country though lying flat and low was not originally annoyed with the inundations of the Ocean or any stop of the fresh waters which might by overflowing and drowning make it fenny and considering the situation thereof to be such as that it is bounded on all parts by the high lands in the form of an Horshoo excepting towards
lane bridge and thence to the Smethe lode Bridges Holmes Bridge Borret bridge situate over the main Drayn Mayes Bridge upon the same Drayn Another Bridge at Small Droves end Walton THe old Drayn extending from Clynkhyrne on the North part and abutting upon Newland lane on the South end Another Drayn extending from Crosse-green by Halehyrne to a place called le Yates Wall at the foot of Walton Sea dike and thence to Gybson's bridge Another Drayn beginning at Gibson's bridge and thence to the Smethe lode Bridges Gybson's bridge Old fen dich bridge Terington THe common Drayn extending from Fawkesfield to Oxhow borde and from thence into the Smethe lode Another Drayn extending through the same Town unto the Smethe lode Bridges One Bridge over the common Drayn at St. Iohns lane end Another at the Old fen dich A third ruinous adjoyning to the common Sewer called the Smethe lode Tylney with the Hamlets THe More dich drayn beginning at Tungreen bridge and so going to Wyndbrigge Read's Drayn beginning at Rysgate and extending to the Common Sewer The Fen dich drayn beginning at the West end of Tylney drove and extending to Pollets gool Another Drayn beginning at the West end of Meeres greâ—n and so extending to Creydike from thence to Fryth dich gole and so into the main River Another Drayn coming out of Spellow field and so over Meyres green to Meyres green Drayn Another called Black dich lying from Terington to Islington Fen end Bridges Five Bridges upon Moredich drayn whereof two are in Sale yate a third called Tungreen bridge another called Moredich bridge and the fift at the end of the said Drayn Another Bridge at Rysegate Another adjoyning to the Common Sewer Another Bridge called Fen dich bridge Another Bridge called Pollets gool bridge Another called Poyse gole bridge Another called Meyres green bridge Another at Dodale fedham Another called Meyres dich bridge A Causey called Islington droves end lying between the Bridges of Islington and Wigenhall Wigenhall A Drayn that beginneth at Crow gool and extendeth to New land gate thence to Barnwell Cloyt thence to Cowstow pipe and so to Raynham gool Another called St. Peters dich leading from Islington bridge to West fen lode Another called the High fen dich leading from Cowstow to Pykers hyrne thence to Hel bottom and so into the main River Another called the Heddings beginning at Pykers hyrn and thence extending to Hel bottom Another called the Border extending from Wygenhall mere to Pykers hyrne Another lying from Wigenhall mere to Scales corner so forth to Newfield heddyng between the Spade gonge and Islington drove Another called Simons lode extending from a place called the Senston alias the Hook and thence to Symonslode gool Another called Crosse lode extending from the Hook to the main River Another called Iohn's lode extending from the said Hook unto Iohn's-lode gool Another called Bustard's lode which extendeth from the said Hook unto Buctard lode gool Another called Griggs lode extending from a place called the Lowe way to the Gool head at the main River Another Drayn coming from West fen dich to Griggs gool Another called Martin drayn Another called New dich beginning at the West part of the Common belonging to Stow Bardolf Wynbotesham and Downham and extending to the main River Another Drayn lying in Stow-Bardolf from a place called West head into the main River A Dike belonging to Dounham which extendeth from Dounham bridge unto the chardge of the C. Acres of Stow Bardolf lying at the new Powdich Bridges and Causeys Gillingore brigge A Causey called called Wigenhall mere extending from the old Pow dike to Black dich A certain Causey called Low side A Common Causey called Stow brinke extending from a place called Scapwere unto the Common gate Memorandum that the Ward dich called the Little Pow dich ought to be repaired by the Townships of Tylney with it's Hamlets Terington Walpole Walton UUalsoken and Emneth A note of the Chardges which do yearly belong to Marshland being but eight Towns INprimis in the High ways for Travellers there are xxv Bridges valued in their reparations yearly at Cl. Item there is in the other ways of the Countrey Lxxx Bridges and five Gooles without which the Country is neither habitable nor passable valued yearly for reparations at DCl Item there are two other Gooles very great ones with Drayns into the River of Ouse one called Knight's goole the other the New goole valued yearly for reparations at CCl. Item the Sea-Banks of the Countrey valued yearly for reparations at M Ml. Item the Pow dikes the one called the New Pow dike and the other the Old Pow dike which be defensive Banks against the fresh waters valued yearly for reparations at Cl. The total 3000l. CHAP. XLV HAving no more to say of Marshland I shall next take notice of the remainder of this Country lying Eastwards from the River Ouse and then of those parts of Suffolk wherein any improvement hath been made by Banking and Drayning In 55 H. 3. complaint being made that about seven hundred acres of Marish and other Lands belonging to William Bardolf and the Prior of Wyrmyngey lying in Wyrmyngey and Tokenhull were then overflowed more than formerly partly by inundations from the Sea and River of Secchehithe and partly by the making of Pools and otherwise so that the said Prior had received very much damage thereby And that there was a certain Causey lying in the proper soil of the said William overthwart the said Mannours which Causey was the Kings High-way to Lenne through the midst whereof a certain stream of water passed behind a Mill And that the said William and his Ancestors having permitted the people of the Country for their common benefit to raise the same Causey in the Winter season the said stream of water which had wont to have it's course through the midst of it as aforesaid was thereby so stopt that it overflowed all the lowgrounds therabouts the King therefore being desirous that there should be some remedy had therein granted a Commission to Iohn de Cokefeld to enquire the truth thereof and how and in what manner those Marish grounds might be drayned with the least damage to the Country In 5 E. 1. upon the like complaint that the course of the River at Wirmegay had been so obstructed by the frequent inundations of the Sea that two thousand Acres of Land Meadow and Pasture lying in the Marshes of Midleton and Wirmegeye were drowned the King assigned Raphe de Wyrham and Will. de Midleton to enquire thereof and how they might be so drained as aforesaid And in 22 E. 1. Peter de Campania and Adam de Shropham were constituted Commissioners for the view and repair of the Banks Ditches and Sewers of Middelton Rungetone and Sechithe then ruinous and in decay by reason of the Tides and flouds of fresh water Other general Commissions of the like nature were afterwards issued
be there before the said stop was so made and the water likewise coÌ„mon for fishing to all the Neighbourhood And they also said that the borderers on each part thereof were either Tenants to the Abbot of Ramsey the Earl Warren or of Iohn de Bardolf and other Lords And being farther asked whether the said Edmund or Elizabeth did in their times do any thing for the maintenance and keeping up of that Dam they said that after the before-specified Bishop had first made it it did not need any repair or amendment and that the said Robert Peverell Edmund or Elizabeth did not in their times meddle at all therewith And the Jurors for the County of Lincolne impanelled and sworn said upon their Oaths that the Chanel called South Edyke beginning at Crouland and extending it self to Tyd in that County through which the fresh waters descending from the Fens and Up-Countries used to pass unto the Sea by raising the crest thereof no more than two foot was then scarce sufficient to carry away those waters by reason of the before-mentioned obstruction though the Bank was in height no less than xv foot on each side And that before this obstruction was so made whensoever there was any occasion for the repair of the said Bank or raising it higher the agistment of every Acre of Land in those parts at an half-peny was sufficient for the same but that then through the overflowing of those waters every Acre was agisted at iiiid. and that by reason of the said obstruction no less than xl thousand Acres of Moor and Marish ground in Holand fen were overflowed and drowned And they farther said that the Abby of Crouland was founded by the Progenitors of the King 's of England and that two thousand Acres of Land Meadow Moor and Fen belonging thereto were by means of this obstruction overflowed and drowned so that the possessions of that Monastery would not suffice to maintain the House except the number of Monks were lessened and that by means thereof the King in the times of Vacancie of the said Abby did lose the benefit which might accrue to him thereby And they said moreover that by reason of this obstruction the Lands Meadows Moores Marshes and Pastures of Deping fen Burgh fen and Spalding fen which contained seaven thousand Acres as also the Moor and Marshes to the Moores of Kestevene were so overflowed and drowned that the Lords and Commoners of all the Towns adjacent on every part had by reason of that obstruction lost the profits belonging to them And they farther said that the Common passage for Ships and Boats from Crouland to the Haven of Lenne with Corn and other Commodities had wont to be by the said Town of Outwell where the before-specified obstruction was and that then they were constrained by reason of that stop to go about by Old Wellenhee and Litle port which is fifty miles farther than the other way to the damage of the King and his liege people of those parts a thousand Marks yearly And the Jurors for Cambridgshire impanelled and sworn did say upon their Oaths that the River of Ouse descending from Huntendon being the bounds betwixt Cambridge and Huntendon shires and the River of Nene descending from Peterborough and other parts above did meet at Benwick in Cambridgshire and had used to run directly from thence to the said Port of Lenne by the before-specified Town of Outwell untill xxxi years then last past that the said Bishop made that stop as aforesaid by reason whereof the Lands Meadows Fens Turbaries and a great proportion of arable belonging to all the Towns betwixt Fen Drayton and Benwick before-mentioned unto the said Town of Utwell in Cambridgshire and which were adjacent thereto and for the length and bredth of about xxx miles were commonly overflowed and drowned every year so that neither the owners of the said Lands c. nor the Commoners had any yearly profit by them to the damage of the said King and the Inhabitants of those parts and such as would pass that way CCl. and upwards every year And they said moreover that for the reasons abovesaid there was not that passage for Vessells with Corn and Merchandize towards the before-mentioned Port as had used to be neither in going nor returning except by Old Wellen hee and Lytle port which is xxxvi miles about And the said Jurors being asked how much the said Mannour of Coldham was then more worth annually than it had been before that stop was so made they answered xll. by the year And the Jurors for Huntendonshire empanelled and sworn for the same purpose said upon their Oaths that whereas men would pass from the Towns of Iakele Holme Glatton and Ramsey by the River of Nene directly towards the Haven of Lenne aforesaid with navigable Vessels laden with Corn and other vendible commodities by the said Town of Outwell they were then hindred by the said Dam that they were constrained to go about more than fifty miles And they farther said that all the Meadows Lands Pastures Fens and Turbaries from the Town of S. Neots in Huntendonshire lying adjacent or neer to the River Ouse in length xxx miles and in bredth x. miles more or less unto the Town of Benwike where the Rivers of Ouse and Nene have their confluence and likewise the Lands Meadows Pastures and Fens of all the Towns betwixt Aylington in that County unto a place called Musâ—cote in the Fen which is xvi miles in floud times were overflowed and drowned by reason that they could not pass away as they had used to do so that the Lords of those Fens and their Tenants as also the Commoners in them did totally lose the benefit which belonged to them thereby to the damage of the said King and Inhabitants of those parts six hundred Marks by the year And they said moreover that the said King was Lord of the Mannour of Glatton whereunto the Hamlet of Holme belonged to which Market men from the parts of Lenne and elswhere in Norfolk and Suffolk could not pass with their Victuals and Merchandize by Ships and Boats nor return by reason of the said obstruction insomuch as that Mannour of the Kings whereunto the said Market belonged was less worth by ten pounds per annum than formerly And the Jurors for the County of Northampton empanelled likewise and sworn said upon their Oaths that the River of Neene had wont to pass directly from Peterborough to the Port of Bishop's Lenne whereby the men of that County usually carried Merchandize Corn and all manner of Victual with Ships and Boats by Outwell in Norfolke untill within xxxi years then past that the said Walter Langtone late Bishop of Cov. and Lich. obstructed the course of the before-specified water insomuch as all persons who had a desire to go from Peterborough unto that Haven were constrained to go by Old Wellenhee and Litil port which in going and coming is a farther Journey by fifty miles And
they also said that by reason thereof the Marshes of Burgh fen North fen Talnholt fen as also the Lands Meadows and Pastures adjacent to those Fens were overflowed and drowned when any floud of waters hapned in regard that the said waters could not pass as they formerly had done so that the Lords of those Fens with their Tenants as also the Commoners in them did lose the profit unto them belonging to the damage of the said King and the Inhabitants of those parts fifty Marks per annum Upon all which Verdicts the said Adam de Fincham then the King's Attorney was appointed to wait for judgment therein And on the morrow after the Feast of S. Iohn Bapt. next after the said xv of the holy Trinity the King sent his special Precept to the said Geffrey and his fellow Justices whereby reciting what had passed he commanded them to proceed to judgment therein according to the Verdicts aforesaid which Precept beareth date the third day of Iuly in the year above-mentioned Whereupon they gave this following Sentence viz. that whereas by the Jurors for the County of Norfolk it was found that the before-specified Dam was made at Outwell by the sad Walter de Langeton and that Robert Peverell his Brother and Heir as also Edmund Son and Heir to the said Robert did at some times repair the same and that this obstruction was to the damage of the King and the said Inhabitants of Norfolk CCl. per annum And whereas it was likewise found by the Jurors for the Counties of Cambridge Huntendon Lincolne and Northampton that the lands of Thorney fen Ramsey fen and other were so drowned aforesaid they decreed that the said Dam so raised to the hurt of the said King and nusance of all the persons before-mentionedâ— and whatsoever else was of nusance in this behalf should be taken away Whereupon the Shireeve of Norfolk had command to pull it down And in like sort the Shireeves for the Counties of Cambridge Huntendon Lincolne and Northampton were required to make the like Proclamation within their respective Liberties viz. that all persons concerned therein should be at Outwell aforesaid to aid the said Shirâ—eve of Norfolk in pulling down of the said Dam. After this about five years scil in 10 E. 3. Iohn de Shardlowe Simon de Drayton Iohn de Colvill and Iohn Claver were appointed to enquire touching the decay in the Sea-banks and Sewers in these parts about Wisebeche Tyd S. Giles Elme Leveryngton and Neuton with the parts adjacent and to take speedy order for their repair And in 12 E. 3. the King being informed that the Banks Ditches and Sewers about Wysebeche Elme and Welle were broken and out of repair issued a Commission unto Mr. Iohn de Hildesley Chancellour of his Exchequerâ— Richard de Bayeux Iohn de Wilton Iohn de Stoken and Will. Neuport to enquire thereof and through whose default they became so ruinous and who were Land-holders thereabouts or had safeguard by the said Banks and to distrain them for their repair according to the proportion of their Lands By virtue of which Commission the persons above-mentioned did intend to stop the River of Nene running to a certain Fishing called Livermere lying in the Town of Welle and belonging to the Abbot of S. Edmundsbury but were hindred from so doing After this the next year following the said King receiving advertisement from the Inhabitants of the before-specified Towns of Elme Welle and Wisebeche on the South side of Wisebeche that though it had been found by an Inquisition taken before the above mentioned Commissioners that the ordinary and chief safeguard for the said Towns of Elme Welle and Wisebeche on the South part of the River of Wisebeche would be by a Causey to be made at Gongested lake unto the Crike and thence unto Marche dyke and that the Crike should be wholly stopt up and that the said Towns could not be preserved unlesse that were done and moreover that though the said Inhabitants had often requested those Commissioners that forasmuch as the said Causey and stop being made would much redound to the common benefit of the same Towns they would cause them to be done and that at that time nothing was neverthelesse performed therein he required them that in case it were so they would forthwith call such persons before them as they should think fit to make use of therein and to proceed in effecting the same according to the tenor of his Commission Whereupon a Jury being summoned to attend them upon the Saturday next after Mochaelmass day and there sworn did say upon their Oaths that the common and principal safeguard for the whole Town of Elme Welle and Wisebeche on the South side of Wisebeche would be by making of a Causey from Gongested lake to the Crike and from the Crike to Marche diche and that the said Crike should be utterly stopt up as also that the saidâ— Causey ought to be xvi foot in bredth and four foot in height and all these things to be done at the charge of the Land-holders of Elme Welle and Wisebeche on the South side as aforesaid from Mermaunde unto the house of Iohn de Vernon and they ordained that for the performance thereof every acre of Land in Elme Welle and Wisebeche within the Precincts before-specified should be agisted at iid. and more if need required But afterwards at a Session of Sewers held at Wisebeche by the same Justices came the free-holders of Tyd Neuton Leverington and Wisebeche on the North part of the River of Wise and alleged that the obstruction of that Crike ought not to be permitted because if it should be made the water running through that Chanel called the Crike would so rise increase and stand upon the Fen-bank of Wisebeche and Leverington as that the Tenants of those Towns viz. Wisebeche and Leverington could not be able to maintain them but their said Banks would be broken and their Lands totally drowned and lost whereby more damage by half would happen to those Towns than benefit to the Towns of Elme Welle and Wisebeche on the South side VVhereunto the said Tenants of Elme and Welle answered that the water of Crike had then so swift a course by Welle unto the River of Wigenhale that though the said Crike were stop't as was contained in the before-specified Ordinance the water running by the same Crike would never turn towards Wisebeche nor do any hurt And they farther said that the Crike where the water then ran was the proper and several soil of the Bishop of Ely which Bishop might lawfully at his pleasure stop the same Whereupon came the Abbot of S. Edmundsberry by his Attorney and claimed a certain fishing in the said water of Crike of the gift of Canutus sometime King of England and brought a Precept from the King directed to the said Commissioners reciting a confirmation made to the said Abby by the before-specified King Canutus and other
that Ordinance to take distresses for the charges in making and repair of the Banks aforsaid as often as need should require aswell on the part of Wisebeche and Welle as on the part of Elme by turns and severally without the contradiction of any one And they ordained that Draymere diche should be repaired and raised higher where need required so that the Commoners might have chase and rechase with their Cattel unto their Commons and that every man having Lands or Tenements adjoyning or abutting upon the said Bank called Draymeresdiche should dig and clense the Frontier of his Land eight foot in bredth and cast the earth so digg'd out upon the same Bank And they likewise ordained that the Bank called the Blackdiche should be amended and repaired at the charge of all the Landholders antiently agisted thereto and that the Sewers of UUaltersey Coldham and Redmorefield with their appurtenancâ—s should be clensed and the Crests of them raised higher and maintained where need required unto the Pipes lying under the River of UUisebeche And that all the Hades of the Lands abutting on those Sewers and upon all other Sewers within that Precinct should be stopped xij foot in bredth so that the water of Lech running through those Sewers should not enter into the fields to the damage of the Lands lying therein And they moreover ordained that one Clow should be made at Hillaryes drove between UUisebeche and Elme at the cost of the Landholders antiently agisted thereto who had wont to make and repair the same And that one other Clow should be made upon the River of UUisebeche neer to the messuage of Thomas Howes Barkere so that the water coming out of the fields of Elme by the passage called Uykorisgote might Drain there in default of a Gote called Dogarde and that a Bank be made from that Clow unto the house of William Maste Bocher on the South side of that Sewer and another Bank from the said Clow unto the house of Thomas Howe Barkere on the other side of the said Sewer for hindring the Sand brought up by the Tides from choaking up of the said Sewer And they likewise ordained that there should be a Causey made neer unto Maryesâ—arre whereof the one end to begin at Maryesbarre and so overthwart beyond the River of Elme unto Loveday diche which Causey to be eight foot in height xij foot in bredth at the top and thirty two foot at the bottom and a Clow made there at the charges of those who were to have benefit thereby for the bringing in fresh water into the River of Elme when need should be And they likewise ordained that every person having Lands or Tenements Common Fishing or Pasture in the Towns of Elme UUisebeche and Welle within the Precinct aforesaid should have his portion upon the Fen-bank before-mentioned to the quantity of his holding according to an agistment thereof to be made anew And likewise each man having Lands or Tenements within the Precinct aforesaid to have his portion upon the Sea-bank beginning at the house of Thomas Mounpesson and extending it self to the Floudgates of Elme and so to UUelle each man for the quantity of his tenure according to a new agistment to be thereof made And they said moreover that the Bank before ordained was then broken for want of repair and that divers Lands and Tenements within the said Precinct were drowned by the Fresh waters to the great damage of all the Landholders there And they also said that the same Bank ought to be repaired aswell in height as in thicknesse so that it might contain in thicknesse xxxii foot at the bottom and at the top xii at the least and in height from the Level ground seven foot And that the men of UUisebeche Elme and UUelle were obliged to the repair and making of the said Bank each man according to the proportion of his holding and that the said Bank could not be preserved nor kept except those men who had Lands and Tenements within the said Precinct were new agisted upon the Bank before ordained And they also presented and ordained that one Bank should be made new and begin at Uernounes Corner upon Bishopsedike and so to extend directly to the Bank of UUelle upon the soyl lately belonging to Hamon de Vernoun in part and in part upon the common soyl and to be of the height and thicknesse abovesaid as also to be done at the charge of all the Landholders for their lands lying betwixt the River of Elme and the River of Welle And being asked of the number of Acres aswell on the South part of the River of UUisebeche unto the River of Elme as on the South part of the same River of Elme unto the River of Welle they answered that there were on the South side of the River of Wisebeche unto the River of Elme five thousand and two hundred Acres and on the South side of the River of Elme to the River of Welle two thousand and ninety Acres Whereupon command was given to the Steward of the said liberty that he should summon all the Land-holders aswell of Elme and Welle and of the Town of Wisebeche on the South side of that River as all others who had Lands or Tenements or any Pasturage or Fishing in Fee or for term of years to appear before the said Justices at Ely upon Thursday next after the Feast of the Epiphany then and there to shew what they had to say for themselves why all the before-specified Ordinances in each point ought not to be inviolably kept for the future At which day came Iohn Payne who then prosecuted for the King and the Steward of Ely and required that Thomas Bishop of Ely who had within the said precinct viz. in the Town of Wisebeche Elme and Welle divers Lands and Tenements and that Iohn Simson of Wisebeche Thomas Mounpesson and others who had also Lands and Tenements within the said Precinct in the Towns aforesaid should be attached to be at Ely before the said Justices at that time to shew as aforesaid And thereupon the said Bishop of Ely Will. Streete Lord of the Mannour of Coldham Sir Iohn Colvill Knight the Prior of Ely the Abbot of Crouland the Abbot of Wendling Iohn Vernoun Will. Newhouse Nich. Makesake Sir Nich. Golofre Knight and Iohn de Crofte of Welle who had Lands and Tenements within the said precinct within those Towns were summoned to appear at that said day to shew cause as abovesaid All which persons came accordingly and it being demanded of them and every of them wherefore the before-specified Ordinances aswell relating to the Town of Wisebeche as those of Elme and Welle ought not in every point to be observed according to the tenor and effect of them they severally answered that as to the repair of the Bank which beginneth over against the Gate of Wisebeche Castle and goeth to Goneldiche thence to Bansted hirne thence to Tylneyhirne thence to Coldham hithe
thence to Mareysdam thence to Charite Crosse and thence to Vernouns Corner and as to the making of the new Dich there from that place all along to the Bank of Welle and so to the River of Welle and likewise as to the eight barrs upon the same Bank they did assent to them all And as to Drayndike and Blakedike Floudgates and Crests within the same precinct they did also concur And as to the Agistment to be new made according to the proportion that every one held and the performance of all other things they could neither for themselves nor the Towns aforesaid gainsay them And therefore they did well agree and desire that all the same Ordinances so established as aforesaid should for the future be performed in every Article to the full according to the force and effect of them and for the accomplishment thereof they did severally oblige themselves without any contradiction And Iohn Payne who then prosecuted for the King required that Iohn Simmeson with the rest before-named should be compelled on the said Kings behalf for the performance of all the said Ordinances And because the Court was not then determined to give judgment therein it was adjourned until the Wednesday in Easter week Upon which day the said Iohn with all the rest came but then there was another adjournment viz. unto the Saturday next after the Exaltation of the Holy Crosse in the xlixth year of the said Kings reign At which time the parties above specified came again but then it was also adjourned untill the Wednesday in Easter week in the 50 year of the said Kings reign And at that time they put it off till the Monday after the Feast of S. Michael then next following Upon which day all the parties before-specified appearing and in regard that the said Iohn Simmeson and the rest could not say but that the Ordinances before-specified were necessary and good they obliged themselves to the future performance of them It was therefore decreed and ordained that the same should for the time to come be put in execution and accordingly there was a Precept issued out to the before-mentioned Stewart to distrain the said Iohn Simmeson for the new-making of the said Agistment according to the form of the before-specified Presentment and to bring the same so mâ—â—e under the Seals of the framers thereof before the said Justices at Ely upon VVednesday next before the Feast of S. Nicholas the Bishop then next ensuing at which time all the persons before-mentioned had warning to be there Who appearing accordingly the before-specified Steward required of the said Justices that the said Ordinances and Agistment might be ratified and confirmed Whereupon they ordained and decreed for the better safeguard of the said Towns and place that the Inbabitants of Wisebeche should be agisted upon that Bank and begin to make the same from the division betwixt Elme and Wisebeche viz. from the Stone Crosse neer the House of Lepers unto the Town of Wisebeche and thence to the River of Wisebeche directly to Griggeshâ—rne and to maintain and repair the same for the future as often as need should require aswell in thicknesse as in height according to the above specified Ordinance at their own costs and charges And that the Bishop of Ely for his Mannour of Walterse and for all his Lands in Wisebeche and Elme with in the said precinct excepting xxxv Acres of his land lying at the Cylere in Wisebeche and all others who had Lands Tenements Common of Pasture or Fishing in the said Town of Elme within that Precinct to be agisted for the making of the same Bank from Griggeshirne aforesaid unto Banstedhirne thence to Tilney hirne thence to Coldham hithe thence to Mareys dam thence to Charite Crosse thence to Vernoun's Corner and so upon the Bank to be new made there untill over against Welhirne drove where the Bank of Elme is divided from the Bank of Welle And that all the Inhabitants of Welle who had lands within the said precinct should be agisted for the making of the said Bank from that place opposite to Welhirne-drove unto Welleclote thence to Lakebrigg thence to the River at Upwell bridg and thence to Outwell bridge and thence returning back to Loundesgote at Elme And that the men of Elme who had Lands within the before-specified precinct should be agisted to make the Sea-bank from the said place called Loundesgote unto the Floudgates of Elme and thence to the Stone Crosse neer the house of Lepers which is the division betwixt Elme and Wisebeche All which Ordinances Decrees and Agistments aswel the parties above-specified as the Towns before-mentioned did consent and agree to hold firm and stedfast for ever In 48 E. 3. Sir Roger de Kirketon Sir Raphe Rocheford Sir Iohn Colvile Kts and others were assigned to view the Sea Banks and Sewers in the Towns of Leverington and Neuton and to take order for their repair After this viz. in 1 R. 2. there were certain Presentments made at Ely in a Session of Sewers held there on Wednesday next after the Feast of S. Nicholas concerning the Banks Ditches Sewers in Ely Dounham Littleport Hadenham Sutton Chateriz Dudington March Marchford Wittlesey Elme Welle Wisebeche Leverington Neuton and Tyd S. Giles and elswhere within the Isle of Ely the tenor whereof are as followeth viz. that for the better preservation and safeguard of the three hundred acres of land in the Town of Elme on the North side thereof lying in the fields called Townfield Halpenifield and Inhamfield there should be made one Bank upon the soyl of the said Town of Elme in the Parish of Elme for stopping of the salt water and the same to be done at the charges of all the Landholders in those fields Which Bank so to be made to begin at the Sea-bank at the Stone-Crosse being the division betwixt the Lands of Elme and Wisebeche and so to go Westwards directly to Cromediche upoâ— the land of Iohn Ristoft and thence directly to Illerisdiche in Hanc drove upon the land of Reginald Toftie and thence by a straight line unto Illiresdiche upon the land of Iohn de Waltersey thence to the Bank of Bekedale and there to be joyned with that Bank which Bank to be xxiiii foot in bredth at the bottom and in height four foot from the Level ground And that there should be three Sluses or more if need were in the Sewers of Elme under the said Bank for the letting out of the fresh water and likewise sufficient barrs to hinder the driving of Cattel to and fro upon the said Bank And they likewise said that there would need an acre of Iohn Ristoft's land valued at Lvis. viiid. and of Reginald Tofties an acre valued at xlvis. viiid. and of Iohn Walterse's one acre valued at xxs. and no more because it was low ground but if there were need of more then more to be taken when and where need required making allowance for
of all sorts of trees especially wild Ashes the length and bigness whereof may be seen by the beams and rafters on the roof of the Church But now through tract of time the Woods for the most part gone the fertility of the turf is such as that the land converted to tillage beareth Corn plentifully nor is it less profitable otherwise being full of fair Gardens fat Pastures shady Groves and rich Meadows which in the Spring time make a most beautifull shew Moreover on the borders of it there are several Meeres full of Eeles as also spacious Fens and Pooles abounding with divers sorts of Fish and Waterfoul whereof one called Ramsey meere from the name of the Isle much excelleth the other adjacent waters in beaâ—ty and profit which lying on the most large and woody side of it and pleasantly beating upon that sandy shore thereof called Mereham maketh a delightfull object to the beholders in the deep and great gulfs of which Meere there are frequently taken by several sorts of Netts as also with baited Hookes and other sishing Instruments Pikes of an extraordinary bigness called Hakedes by the County people And though both Fishers and Fowlers cease neither day nor night to haunt it yet is there alwayes of Fish and Foul no little store What proportion to the Fens belonging to divers particular Towns in this County antiently were of I shallâ— in the next place from the testimony of Record make manifest by which they who are well acquainted with those parts may discern how much improvement hath been since made therein through the industry of the Borderers or whether all or any of them were by neglect expatiated to a more large extent Upon that memorable Survey made shortly after the Norman Conquest it appeareth that the Fens belonging to Colne were then reputed to be one mile in length and half a mile in bredth and those in Wardboys just as much But in 3 Edw. 1. there is a far more exact account of them it being then found by Inquisition as followeth viz. that the Fens pertaining to Stangrund and Faresheved called Faresheved ferri contained then in length from Faresheved brigge at the one end unto the other where Ramsey fen and Fairesheved fen did part two miles and in bredth from the Bank called King's delph unto Wythlesmare one mile In which Fen there was at that time a certain Meadow called Kingesdelph-mede containing Cx. Acres and another called Myleby of x. Acres the same Meadows then belonging to the Inhabitants of Stangrund and Faresheved Moreover there was then a certain division betwixt the Towns of Stanground and Flectone beginning at Brod he neer to the Mayden-cros and extending it self by the antient lode to Lauehythe and from thence directly to Blancheferye and thence to Stakengeshirste is a certain Common Pasture which belong'd to the Towns of Stangrund and Flectone Likewise that in the Hundred of Normancros there was a certain Fen called Kyngesdelf beginning at the end of Brod hee scil at the end of Kyngesdelf and extending it self circularly to Wittleseye Town 's end for two miles and from Wytlesheye by the hold Old Ee to Pokeslode for the space also of two miles and from thence by Hold Old Eee to West fen for three miles thence to Wysemuthe for two miles thence to Beynwic for three miles thence to Syrmare for two miles thence to Kyngges delfe end Southwards for one mile and thence to the utmost point of Brod Ee where Kynge's delfe endeth for five miles which whole Circuit containeth xx miles and belongâ—th to the Abbies of Ramsey and Thorney and Priory of Ely for which the Abbot of Ramsey hath the Charter of S. Edward from Gangestede Eastwards to Hyndelake in the West and so at Wendelmere and Cayeresholt with the confirmation of several Kings since that time The Fen of Glactone extends it self from Denton lade to Hubbemere containing in length a mile but it beginneth at the Town of Holme and continueth to Saldermere which is in length three miles The Fen belonging to the Town of Conyngton beginneth at Conyngton mere and reacheth to the Redipole and thence to Scelremore containing in length from Conington mere to Selremere two miles From Selremere it goeth to Berchemere and thence by Hokeslade for three furlongs unto Monks lade and so by the said lode to the new lode at Sautre for a mile and an half and two furlongs which is betwixt Sautre fen and Conyngton and so it holds on by the new lode unto the Bank of the Nesse and from the third Hassoke unto the said Bank it containeth in length one mile directly and from the said Bank it goeth on crookedly unto the North side of Conyngton mere being in length from that Bank unto the said Northern side one mile and an half within which Circuit Conington fen is included But the Abbot of Saltrey ought of right to make two Bridges in the said Fen beyond Monks lade over which the men of Conynton are to drive their Cattell to Pasture beyond that lade The Fen of Dentone containeth in length one mile and extends it self to Witlesmare one way and another way to Dentone field being four Acres in bredth But Glattone and Holme have by force appropriated to themselves a half furlong and more of the said Fen in bredth excepting one Bank and in length one mile and did there dig turves by force and carried them away nor could the men of Denton dig turves with them but they had pasturage there for their Cattell Moreover the Earl of Cornwall did appropriate to himself the Flete and ditch't it in which place contained three Acres and had been Common to Dentone Glattone and Holme The Fen of Waltone beginning at Michelholme hale extendeth it self thence for two furlongs unto Stakelode and thence for one furlong to the bar of Bollokes fen and thence for three furlongs to Croslode and thence for two miles to Hokeslode thence for three furlongs to Brichmere thence for four furlongs to Hubbemere lode and thence for one furlong to Hubbemere cote thence for two miles unto Ranelesnok and thence for half a mile unto Michelholm hale To the Town and Abby of Sautre belongeth a certain fen which beginneth at the one end at Saneshyl and the head of Monks banke and extends it self in length neer to Monks meadow crookedly for one mile and so goeth on by the stable and thence directly to the bar of Bollokes fen â— and thence directly to the head of New lade for half a mile and from thence to Esterne dyke for one mile and from Esterne dyke at the head of the Bank of Staneshille for four furlongs and thus the Fen of Sautre is perfectly bounded And beyond Monkeslade bâ— the whole fen of Waltone and Conytone to Wytlesmere bank and Hubbemere bank they are to Common with their Cattell The Common of Pasture in the Fen belonging to the two Towns of Wardeboys and Caldecote is in length two miles and
to the said Shireeve bearing date the xxth of April requiting him to return back those distresses to the end that no more complaint might be made against him upon that occasion for which he might farther incurr the said King's displeasure To give instance of all the particular persons who opposed these Ordinances it would be too tedious could I exactly do it I shall therefore here take notice of one only sute in this case which was commenced by one Godfrey le Fauâ—oner against Hamon Pitte Iohn Cobbe and others for taking ten Cows by way of distresse upon his the said Godfrey's Mannour of Hurst for his disobedience to the said Ordinances To which action the said Hamon and his Fellow-defendants pleaded that the said Godfrey enjoyed certain possessions lying in Romney Marsh in which Marsh all that hold any lands ought according to the quantity of their Tenements to make the Banks and Water-courses against the Sea and other inundation of water And that the xxiiii men oâ— that Marsh chosen and sworn by the commonality thereof ought to make distresses in the same upon all the Landholders according to the quantity of their Tenements whensoever the Banks and Water-courses thereof should stand in need of repair Which said Jurats as the custome was because they could not attend it themselves made choice of the said Hamon to take those distresses and constituted him their Bayliff so to do And that they have this liberty by the antient Custome of the said Marsh and by the Kings Charter which they then produced Whereupon they say that by teason of the said Godfrey's default that distresse taken for repair of those Banks and Watergangs was justly made Of which there were assigned by the said Jurats three perch and a half at the least for his proportion in the Bank of Apuldre to be repaired at his costs and according to the overflowing of the waters more if need should be in divers places And whether they might not have taken a greater distresse upon him they appeal to the Country They say neverthelesse also that they took upon one A. B. a Fermour to the said Godfrey ten Steers and ten Lambs belonging to I. N. Tenant also to the said Godfrey by reason of his default in repairing the said Banks and Water-gangs for which they afterwards made satisfaction and had their Cattel again And being questioned for how much he took the first distresse and for how much the second he said that the first default of the said Godfrey was estimated at four Marks and the second at xlviiis. And the said Godfrey alleged that he held those Tenements in the Marsh aforesaid by the grant of Henry sometime King of England Grand-father to King Henry then being And that the same King Henry gave them to William the Son of Balderic ancestor of the said Godfrey whose heir he is And that by this grant both his Ancestors and himself after them alwayes held their Tenements in the said Marsh as freely and quietly as the said Baldric first held them And he farther said that this custome for the repair of those Banks and Watergangs was never required neither of his said Ancestors nor himself till about five years then last past that the said Hamon was made Bayliff for the custody of the same Banks and Watergangs nor that they ever made them at any time and produced the Charter of the said King Henry the second And moreover said that his Ancestors held those Tenements by that â—eoffment so freely that they never did any repair to the said Banks not Water-gangs And that neither he after he possessed the same lands nor his Ancestors were ever distrained till within these five or six years last passed that the said Hamon and others took his Cattel And forasmuch as they knew who they were that made those distresses for that defect in repairing the said Banks and Water-gangs which neither he nor his ancestors made nor were us'd to make he required judgement of their recognition Whereunto the said Hamon and the rest replyed that in former time there was a difference betwixt the Tenants in the said Marsh touching the repair of the before-specified Banks and Water-gangs Upon which there grew a sute in the Country before the Shireeve wherein the said xxiiii Jurats deeming themselves wronged came to the King's Court and complained to the Shireeve alleging this Plea did not pertain to the Shireeve to hold It was therefore determined by the King's Counsel that the Kings Justices should be sent thither to ordain and dispose of those differences according to Justice and accordingly Henry de Bathe being sent all the Tenants of the said Marsh had summons of xl dayes as in the Iter of the Justices And the said Henry upon his view of those Banks and VVater-gangs by the consent good liking of the whole commonality of the said Marsh then ordained that the Arch-bishops Bishops Abbots Priors Earls Barons and all the tenaÌ„ts in the said Marsh should coÌ„tribute to the repair of those Banks Water-gangs according to the quantity of their tenements VVhereupon as the said Godfrey desired to be defended by the said Banks water-gangs the said Hamon required that he the said Godfrey should contribute to those repairs as it was ordained in the presence of the said Justice And that there was such an Ordinance as aforesaid he referred himself to the Record in the Rolls of the said Henry de Bathe And also the said Hamon further alleged that of necessity the said Godfrey ought to contribute to the said Banks c. Because that if his land should not be defended by them it would be wholly drowned made salt But to this the said Godfrey answered that though that Ordinance was so made by the said Henry yet he the said Godfrey never gave his consent thereto and that he was neither summoned nor called to come before him at the making thereof And moreover said that neither before the same Ordinance so made nor after either he or his Ancestors ever so contributed but alwayes held their land quietly without any exaction at all according to the Tenor of the before-specified King Henry's Charter Grandfather to the then King Henry untill two years before that the before-specified Hamon and others took his Cattel Whereupon he required judgement whether the same Ordinance ought to prejudice him in that behalf Howbeit the said Hamon and others replyed that he had the common summons of xl dayes in such sort as the whole Commonality of the said Marsh had whereof he ought not to be ignorant And thereupon said that though the said Godfrey would not come as he ought to have done with his neighbours he ought not therefore to be free from payment of the before-specified contribution for repair of those Banks because it conduced to the common profit of all the Tenants in the same Marsh that aswell his lands as the lands of the other Tenants be defended by the
his Heirs and Successors and in all other Courts and places whatsoever Which said Bayliff and Jurats to be elected in like manner and form as also exercise their Offices and be displaced from them as heretofore it was wont and accustomed to be in the said Marsh. And moreover that the said Bayliff Jurats and Commonalty and their Successors shall have a certain Court before them the said Bayliff and Jurats of the said Marsh for the time being at some certain convenient place within the same to be held from three weeks to three weeks for ever And have full power and authority to hear and determine in the said Court by Bills of complaint therein all and singular Pleas of Debts Accompts Covenants Contracts Trespasses by force and Arms or otherwise in contempt of the said King or his Heirs with many other Liberties and Privileges of which for brevity I omit the rehearsal referring my Reader to the Record it self if he desire to be farther informed therein And likewise the said King for himself and his Heirs then granted to the said Bayliff Jurats and Commonalty and their successors that they shall from time to time have power to make reasoable Ordinances and Constitutions of good credit and consonant to reason for the common good of the said Marsh as also for the sound and wholsome Government thereof and for the common profit of the Inhabitants and residents therein to make use of them and put them in execution within the bounds and limits thereof And likewise to change them and every of them for ever as they shall see best And that the said Bayliff Jurats and Commonalty and their successors for the necessities and profits relating to the said Marsh shall amongst themselves assess and levy Taxes and lay impositions upon the Goods Lands Tenements and Merchandizes of the Inhabitants and residents being within the bounds and limits of the said Marsh and otherwise as it shall seem best to them without the letâ— or impediment of the said King or his heirs or his or their Justices or other their Officers whatsoever And moreover granted to the said Bayliffs Jurats and Commonalty and their successors that none of them or of their heirs and successors thenceforth should be put or impanelled in any Assizes Juries Recognitions Attaints or any other Inquisitions whatsoever out of the bounds and limits of the said Marsh nor to be compelled to go out of those bounds or limits to travail on any Juries Inquisitions Assizes Recognitions Attaints or matters whatsoever though they concern the said King or his Heirs Nor that any of them shall be made an Assessor Taxer or Collector of Tenths Fifteens or any parcell thereof or of any other Chardge Subsidy Tallage c. whatsoever CAP XII HAving now done with Romney marsh I come to East Kent in which the first thing observable wherewith I have met is that the K. Edw. the first by his Letters Patents bearing date at Westminster xvio Maii in the thirteenth year of his reign making mention that he had granted license to his Barons of Sandwich for the digging of a certain Trench over the lands lying betwixt Gestlinge and Stonflete and from Stonflete to the said Town of Sandwich to the intent that the passage of the water called Northbroke which was at Gestling should be diverted so that it might run to Sandwich for the perpetual commodity of that Town and his Barons thereof he the said King assigned Solomon de Rochester and Roger de Norwode to enquire by the Oaths of honest and lawful men of the County of Kent in what place the said Trench and over whose lands and to the least damage of the said Landholders it might be most fitly made As also to provide and take care that the same Trench and turning of the said water should be so done that the owners of those Lands over which it was to passe might be satisfied for the hurt they should receive thereby before the work was begun About three years after the said King directing his Precept dated at Tuttebury the xvijth day of November in the 16th year of his reign unto Edmund de Passele Iohn de Ifelde and Stephan de la Dane and therein expressing that by reason of the defect in repair and support of the Banks Ditches c. on the Sea-coasts and adjacent Lands lying in the parts of East-Kent very great damage through the violence of the Sea and overflowing of the fresh waters had hapned and that greater would ensue unlesse some speedy remedy were applyed for prevention thereof he constituted the said Edmund Iohn and Stephan his Justices to supervise and take care thereof By virtue of which Precept the Shireeve of Kent was commanded to bring before the said Justices at a certain day and place xxiiij aswell Knights as other honest and lawful men of the Vicinage of Monketone and Menstre in the Isle of Thanet and to enquire of the premisses At which day he accordingly returned his Writ and brought before them Iohn Fryday Roger Belringer and others who being sworn to take view of the defects in those Banks Ditches Gutters and Sewers in the Marshes of Monketone and Menstre and to certifie unto the said Justices through whose default those damages had hapned they answered that they knew not except it were by the boysterousnesse of the Sea and the flouds of fresh waters And being asked when the said Banks and Ditches were so destroyed and who ought and had wont to repair them They said upon their Oaths that when the Sea-bank was new made all the men that had lands lying within the danger of inundation whether they were neer or remote and who had preservation by the same Bank did contribute according to the proportion of what they held for a certain time to the making and reparation thereof And after the making and first repair of the same those then who had lands adjacent thereto did at their own costs repair the same defects which afterwards hapned and not any others And having perused the Ordinances of Sir Henry de Bathe Iohn de Lovetot and other Justices their associates which were approved and confirmed by the King in which Ordinances it was expresly contained that all persons having Lands or Tenements or common of Pasture or Fishing or that had defence and preservation in any sort or might have by the Banks Ditches Gutters Sewers c. in those Marish grounds ought to contribute according to the quantity of their said Lands and Tenements either by number of Acres or by Carucates according to the proportion of their said tenure not only to the new making of the said Banks Ditches c. but to their repair and support as often and whensover need should require Whereupon it seemed meet to the said Justices that not only they who had grounds lying neer to those Banks but also they who held lands situate within the before-specified Marshes of Monketone and Menstre whether neer
or at a large distance forasmuch as they are within the peril of the Sea and had or in some sort might have had safety and defence by the same Banks Ditches c. ought to contribute thereto according to the quantity of their tenure without any favour either to rich or poor of what condition state or dignity soever And to be compelled thereto not only by distresses and amerciaments but also by double the chardge and whatsoever other wayes or means is in the said Ordinances contained And for the fulfilling of all these things in the said Marshes of Monketone and Menstre it was then ordained and agreed that a common Bayliff should be elected by the Lords of the Fees and Commonalty of the Marsh within the said Marsh of Monketone and another Bayliff in the Marsh of Menstre to supervise do and execute all such things as to the Office of Bayliff of the Marsh pertained according to the judgement of the Jurats or Dike-Reeves Also that there should be chosen xij honest and lawful men by the Lords of the Fees or their Attornies and the Commonalty of the Marsh or six of the Marsh of Monketone and six of the Marsh of Menstre who had lands in the said Marshes lying in danger of the Sea which twelve to be assigned and sworn jointly to oversee the Banks Ditches c. in the said Marshes and to measure all the Lands Tenements and common of Pasture in those parts which either had or might have safety and defence in any sort by the said Banks Ditches c. to the end it might be known for how much they ought to contribute and who afterwards upon their Oaths might supervise those walls Ditches c. and place a certain Keire in every part of the said Banks of such height and thicknesse that the Marish grounds might be fitly preserved thereby And that they should hold their Last when and as often as it might be needful for any defect in repair And that a certain day be by them assigned within the compasse whereof those defects should be made good according to their discretion And if the said repairs were not compleated within the time prefixed that then the several Bailiffs within their particular Bayliwicks should lay out their own moneys and receive the double thereof And the xij men to give notice of the several defects to those Bayliffs after the repairs were not made good within the time so assigned And if any of the said Bayliffs Jurats or Dike-Reeves did die or not give content to the said Lords of the Fees and Commonalty others should be chosen in their stead by the Lords of the Fees or their Attornies if upon notice given they would come in and by the Commonalty of the said Marshes And they to be accounted Bayliffs or Jurats of every Marsh who should have the consent of the Lords of the Fees and greater part of the Commonalty of the said Marsh lest that by long delay much peril might happen Also that there be chosen out of the xij Jurats two men in either Marsh who were to be the Collectors of all such moneys as should be assessed for those common repairs viz. in Gutters Sewers Water-gangs and of the whole Bank which lyeth in common to be repaired and sustained And those two so chosen to make Collections and disbursements and of such their receipts and layings out afterwards to render a just accompt to the said Lords of the Fees or their Attornies and to the Commonalty of the said Marshes within the several Marshes And the Bayliffs of the Lords of the Fees to assist the said Collectors in the assessing and gathering the said moneys and likewise if need be to distrain for the same Also that the said Common Bayliffs should cause the said xij men to meet together as often and whensoever there might be need or that there was any danger to supervise all the Banks Ditches Water-gangs Sewers and Gutters and to take certain consideration before they departed of all the defects and likewise to assesse a certain portion of money upon every acre to each Tenant according to the quantity of what he held and also to repair and amend the said defects within a certain time whether that they belong'd to particular persons or the whole Commonalty and for the fulfilling of all those determinations that they be not only compelled by distresses but by amerciaments and double if need required And the said Bayliffs moreover should punish all such as being refractory to their summons did not appear And if any mans Land lying within the Banks of the said Marshes were digg'd for the repair of the said Banks Ditches Sewers or Water-gangs or for any new Bank or Ditch or for the making of an in-ditch or out-ditch that then the Commonalty of every Marsh should give satisfaction to the party damnified by the discretion and judgment of the said Jurats according to the usage of Marish Lands having alwayes respect to the quantity of the ground so digged or lost Saving always to the Lords of the Fees their right which they had and ought to have against their Tenanâ—s within their proper Fee aswell for having defence as for the taking double when through their Tenants default they did lay down their own moneys And lastly that if any thing of difficulty doubt or obscurity did fortune to arise in these Ordinances that it should be reserved to the Decree and Declaration of the before-specified Justices Nor was it the intent of the said Justices that any persons who ought to have safeguard by others or that held their lands under certain conditions should be by this Ordinance excluded from their defences and agreements in case that such their agreement were not derogarory to the Law And for the performance of these Ordinances William Shirreeve and Iohn Coopere of Hoo were appointed Collectors of the moneys to be levyed in Menstre and William de Everle and Thomas Hamon in Monketone The next year following which was the xvijth of the said King's reign I find that Iohn de Lovetot and Henry de Apuldrefelde being also constitued Commissioners for the viewing of the Banks Ditches c. in the parts of East Kent which were broken and in much decay through the violence of the Sea and to provide remedy for the same met at Erchesto on the morrow after the Feast of St. Iames the Apostle where all those that held Lands lying within the Hundreds of Eastri and Cornilo which lay in danger of the Sea by virtue of the said King's Precept attended them as also such and so many lawful men by whom the truth in the premisses might be the better known And it being then and there testified by the Commonalty of the Country that it was expedient for the said whole Commonalty to have one Bayliff and xij Jurats within those Marshes in such sort as they of Romeney Marsh and the Marshes towards Sussex then had the same
The next year following Richard VVakeherst VVill. Bertyne Thomas Betenham Thomas Hordene VValter Colepeper and Iohn Derham had the like appointment for the Banks c. betwixt Smalhithe and a certain place called the Pendynge and likewise betwixt Farnehille and a Bank leading from Mayteham to Pendynge aforesaid in the Parishes of Tenterden and Rolveldene with power to make Statutes and Ordinances for the preservation of those places according to the Law and Custome of this Realm and the Custome of Romney marsh As also to take so many Diggers and Labourers in respect of the instant necessity as should be needful for that work In 28 H. 6. VVill. Kene Esquire Iohn Bamburgh Stephan Slegge and others were in like fort constituted Commissioners for the view and repair of those Banks c. betwixt the Town of Redyng and Redehille thence to Huntebornebrigge thence to the up-land of Bregge and thence to the said Town of Redyng in the Parishes of Tenterden Apuldre and Wodechirche and to make Statutes and Ordinances c. as abovesaid In 13 E. 4. Sir Iohn Fogge Knight Sir Will. Haute Knight Roger Brent Iohn Fyneux VVill. Brent Iohn Nethirsole and Iohn Hert were in like manner appointed for those Banks c. betwixt Tenterdene and Lyde as also to make Laws and Ordinances c. as abovesaid In 14 E. 4. the King having received advertisement that the Banks Ditches c. lying on the Sea-coast and Marshes betwixt Robertsbrigge in Sussex and the Town of Romney in this County of Kent were by the raging of the Sea and violence of the Tides much broken and decayed to the great damage of those parts and being therefore desirous that some speedy remedy should be used therein did by his Letters Patents bearing date at Westminster 16º Iulii in the year abovesaid constitute Sir Iohn Fogge Sir William Haute and Sir Iohn Gilford Knights and Iohn Elryngton Iohn Brumston Henry Auger Will. Belknap and Robert Oxenbregge Esquires as also Bartholmew Bolney Roger Brent Iohn Fyneux Vincent Fynche Iohn Nethersole and Iohn Hert his Commissioners giving power to any four three or two of them whereof the said Bartholmew Roger Iohn Fyneux Vincent Fynche Iohn Nethersole and Iohn Hert to be one to take view of the said Banks c. and to enquire upon the Oaths aswell of Knights as other honest and lawful men of the before-specified Counties aswell within Liberties as without by whom the truth in the premisses might be the better known through whose default these damages had there hapned and who they were that had Lands and Tenements or common of Pasture or Fishing in those Counties or had or might have preservation and benefit any manner of way by those Banks c. or losse for want of them aswell those that were remote as those that were neer to the danger and to distrain all such according to the quantity of their Lands and Tenements or number of Acres or Carucates proportionable to what they held and so likewise for their common of pasture or fishing and together with the Bayliff of the Liberties and other places of the Counties and parts aforesaid for the repair of those Banks Ditches Gutters and Sewers and to make them or some of them new where need should require And likewise for clensing the Trenches and if cause were to stop them up so that no favour should be shew'd to any person whatsoever rich or poor or of what state degree or dignity soever who might have advantage by the said Banks or detriment for want of them And moreover to make agistments upon the Sea-Ditches for the safeguard of those parts according to the number of acres or perches and as often as it should be needful to renew them And likewise to depute certain diligent and faithfull Guardians for the preservation before mentioned and to hear the Accompt of the Collectors of moneys which were to be levyed for that occasion and for the repair of the said Banks or obstruction of those Trenches And that they the said Commissioners or any four three or two of them whereof the said Bartholmew Roger c. to be one to take distresses either by themselves or others whom they should think fit to depute for that purpose for the arrerage of what ought to have been Collected as often as need should be And also to make and ordain fit and necessary Statutes and Ordinances for the defence of the Sea-coasts and Marshes aforesaid and the adjacent parts according to the Laws and Customes of this Realm of England and of Romeney Marsh. And to hear and determine all the premisses aswell at the said King's sute as the sute of any other whasoever which should come in question before them according to the Law and Custome of this Realm and the Custome of Romeney Marsh aforesaid As also to take and imploy in the said works and repairs as many Ditchers and other workmen and labourers as should be expedient for the works and repairs before mentioned upon competent salaries to be paid to them in that behalf in regard of the great urgent and instant necessity for expedition therein Futrher requiring the said Commissioners and any four three or two of them whereof the said Bartholmew Roger c. to be one to accomplish the premisses in form aforesaid and whomsoever they should find either negligent or refractory in making their proportionable repairs belonging to them to compell them thereto by distresses and amerciaments and such other wayes and means as they should deem most expedient to the end the said defects might be suddainly made good And to cause whatsoever they should ordain and determine therein to be firmly observed acting therein as to Justice appertained and according to the Law and Custome aforesaid Saving to the said King all amerciaments and other things herein to him belonging Whereupon afterwards viz. on the tenth day of April in the xviijth year of the reign of the same King the said Justices were informed that all the Lands and fresh Marshes lying within the subsequent limits viz. betwixt the Marsh called Cowelese towards the North the lands in the Ree leading from the said Marsh to the place call'd Lynkehoke neer Romeney towards the East the way leading from the said place called Lynkehoke by the inside of the Bank at Lyde and through the midst of the high street of that town to Pigwell and a place call'd the Holmestone lying without the Bank called Wikewall the Land of Promhill situate without the Banks called Simondes Wall and Kent Wall and the gulf of salt water running from the Camer unto the said Marsh called Cowelese towards the West excepting the Marshes called the Kete Denecourt mershe and Bourghser's mershe and other Marshes then lately taken in by the before-specified Iohn Elryngton and Richard Gilford Esquires with the Banks belonging to them were dayly subject to the danger of inundation by the Sea and salt water for default of repair and
as the part so being in arear called Wanys might amount unto for the common profit aforesaid And the said Bayliffs aswell for the said parcell so in arear called Wanys as for the double thereof to distrain in all the Lands and Tenements of him or them who ought to pay the same by all their goods and Catalls and the distresses so taken to keep for three days or more And if the said part so being in arear called UUanys together with the double thereof should not be paid within the said three days that then the goods and Catalls so distrained by two or one of the Iurats aforesaid to be sold in some place within the said limits except before excepted thereunto assigned and the said part so in arear called UUanys together with the double thereof out of the money arising of the said goods and Catalls so sold to be delivered to the same Bayliffs to their own use And having now done with these Laws and Ordinances for those Marshes before-specified I shall say no more concerning this part of Kent but that in 19 E. 4. the King by his Letters Patents dated at Oburne 17º Iunii directed to Thomas Archbishop of Canterbury Cardinal of England Will. Prior of Christ-Church in Canterbury Richard Prior of Hortone Robert Prior of Bilsyngtone William Master of God's house in Dovor Sir Iohn Fogge Sir William Haute Sir Iohn Scotte Knights Will. Cheyne Iohn Broomston Hen. Hoorne Gervase Hoorne Iohn Fyneux Vincent Fynche Rog. Brent Wil. Brent Iohn Nethersole constituted them Commissioners for the view and repair of the Banks c. from Appuldoure to Cawmbury and from Cawmbury to Fulstone then ruinous by the violence of the Sea and to make Laws and Ordinances for the same according to the Laws and Customes of Romeney marsh And lastly to take so many Diggers and other Labourers to be imployed therein upon competent salaryes as should be thought requisite in respect of the urgent and instant necessity of the work CAP. XIII I Now come to the remanent Marshes in this County which are those that border on the River Thameo Concerning which the first mention that I find is in 8 E. 2. Iohn Abel and Iohn de Hortone being then by the Kings Letters Patents dated the 10th of April at Wyndsore constituted Commissioners for to view and take order for the repair of the Banks Ditches c. for the safeguard of those from the overflowing of the Tide which lye betwixt Dertford Flete and Grenewich And not long after this for it was in February ensuing Iohn de Ifeld Iohn de Hortone and Will. de Northo had the like Commission for the very same Marshes In 13 E. 2. Iohn de Evredon and Iohn Abell were also appointed to view the broken Banks betwixt Grenewich and London-Bridge and to apply speedy remedy for their repair In 15 E. 2. Robert de Bardelby Will. de Leicestre Iohn de Merton and Robert de Kellesteye had the like assignation for the view of a certain breach then newly made in the Bank betwixt Grenewiche and Wolwiche by the violence of the Tides and to provide for the suddain repair thereof And the next year following Robert de Ashele and Robert de Swaleclyve were made Commissioners for the view and repair of those about Grenewiche and the parts adjacent In 17 E. 2. there hapning anoâ—her breach betwixt Grenewiche and Wolwiche Robert de Bardelly Will. de Leycestre Robert de Kellesey and Iohn de Merton were appointed to view the same and to distrain all those persons through whose default it had hapned to the making good thereof Farther enjoyning them that if they should find the persons through whose neglect it came not able to repair it so speedily as that the damage and peril which would be occasioned thereby might be prevented that then they should distrain all those which had Lands and Tenements in those parts who might have safeguard by the making up of that breach to the end that they should contribute thereto Within two yâ—ars after the King being informed of another breach in the Bank above Grenewiche towards Bermondseye which through the violence of the frequent tides and neglect of some persons who were obliged in respect of their lands in the adjacent Marshes to have made good upon all occasions had then newly hapned to the great damage of all those that had lands there did assign Adam de Brom William de Leycestre Laurence de Rustyngton and Robert de Kelleseye or any three or two of them to veiw the said breach and all other defects in those Banks which by reason of the flouds had hapned and to enquire by the Oathes of honest and lawfull men of this County upon whose land the said breach first began and through whose default and who ought to repair and maintain the said Banks as also how and in what sort and likewise what other persons had Lands Tenements or Common of Pasture in those Marshes and had or might have defence and safeguard by the said Banks in any sort And moreover with the Bayliffs of the Liberties to distrain all those through whose default that breach had so hapned and who were obliged to the repair and maintenance of that Bank according to such a proportion as might be sufficient to make good the said breach with all possible speed And if it should so fall out that those persons so lyable to the repair thereof were not able to perfect the work with that haste as the case required that then for the avoyding of greater damage and mischief to compell all such persons who had or might have loss thereby to contribute thereto for that present time every one according to the proportion of what he held as well in Common of Pasture as Land not favouring rich or poor therein And to levy the money upon those who were obliged to the said repair so as restitution might be made to those who had contributed thereto being not obliged with all speed that could be After this divers years viz. in 10 E. 3. I find that Henry de Secheford Reginald del Dyk and Iohn de Heyton were appointed Commissioners to take view of a certain Sewer called Erlesthron neer Grenewich and to repair the Sluces thereof where need should be And in 27 E. 3. Otto de Grandisone Thomas de Lodelowe Simon de Kegworth and Will. de Roderham were assigned to take view and make enquiry touching certain breaches in the Banks and Marshes of Dertford Erde and Stone and of the stopping of the Gutters and Sewers there forasmuch as by that obstruction the Corn sowed in those Marshes as also the Meadows and Pasture grounds thereof became often drowned by the Tides And to use some speedy remedy for the same In that year likewise Will. Vaghan Richard de Birton Thomas de Ludlowe Iohn de Dielleston and Simon de Lee were appointed to oversee
half of all the said grounds so to be inned according to the purport and true meaning of the said recited Indenture the other moytie to belong to the owners of the said Marsh grounds according to the several proportion of their quantities which they then had in those grounds to be holden of Edmund Cooke Esquire his heirs and assigns as of his Mannoâ—r of Lesnes and Fants in free Socage by fealty and one penny Rent for every Acre and not in chief nor by Knights service And that in consideration of the great chardge of this work the said inned Marshes to be dischardged from all Tithes and Tenths whatsoever for and during the term of seven years next after the inning winning and fencing of the same CAP. XIV AND now though by what hath yet been instanced touching the improvements made by Banking and Drayning upon the Verge of this River the first Commissions which I have vouched bear not date above three hundred and fifty years since yet do I make no question but that this good Husbandry was far more antient for notwithstanding the like Commissions for the defence and safeguard of the other Marshes situate higher upon this stream whereof I shall give instance by and by are not much elder it will by great circumstances be evident that some of these Banks are not of lesse antiquity than the time of the Romans here in Britaine otherwise how could that antient Borough of Suthwarke have been built the ground whereon it stands being at first naturally flat and low and within the power of the usual tides as the adjoyning Marshes still would be were not they defended by the like Banks though now by reason of the vast buildings there which do stand upon artificial ground it being in the nature of a Suburb to that great and antient City of London there be little notice taken that it hath been so raised where besides divers Roman coynes that are still frequently digg'd up I my self in the year 1658 saw in those fields on the backside of Winchâ—ster house called Suthwark Parkâ— upon the sinking of divers Cellers for some new buildings at about two foot below the present levell of the ground a Roman pavement made of Bricks not above an inch and an half square and adjoyning to it a more curious piece of the like small bricks in length about ten foot and in bredth five wrought in various colours and in the midst thereof betwixt certain borders in the fashion of wreathed columns the form of a Serpent very lively exprest in that kind of Mosaique work I now come to the Commissions The first whereof our publick Records do take notice is in 23 E. 1. which was directed to Iohn de Metingham and Will. de Carleton for the view and repair of the Banks c. betwixt Lambehethe and Grenewiche After this about three years through the neglect of those who ought to have maintained the Banks neer Retherhithe the breaches thereof were such as that a great part of those Marshes became drowned Whereupon the King committed the managing of their repair to his trusty and beloved Will Haward soon after one of the Justices of his Court of Common Pleas to whom he assigned a certain summ of mony for that purpose which not being sufficient for the accomplishment of the work though he the said William even beyond his abilities added thereto of his own purse the said King by the advice of his Counsail ordained that all those Lands which through the before-specified neglect were thus overflown and drowned should be seized into his own hands and committed to some such honest and trusty person as would be willing to take upon him the chardge of the said repair and new making of the said Bank to have and enjoy by an extent to be made thereof untill he should reimburse himself out of the profits of the said Lands to the full of whatsoever he might lay out upon that work In 2 E. 2. Iohn de Foxle Walter de Gloucestre with some others were assigned to take view of a certain breach of a Bank neer Bermundsey and to provide for the repair thereof In the same year it hapned that by reason of the said breach the Prior and Covent of Bermondsey received great losse by the drowning of certain grounds belonging to that House the King therefore at the request of Isabell his Queen granted this favour to the said Prior and Covent that nothing of the Corn Hay or any the Good or Catalls belonging to the said Priory should be taken to the use of the King or any other without the assent of them the said Prior and Covent The like breach also hapning in the Banks of the Marshes in Suthwarke which not long before pertained to the Knights Templars but then were in the King's hands he being advertised thereof directed his Precept bearing date at Barwick upon Twede 23º Maii 4 E. 2. unto William de Montalt at that time Guardian of those Lands commanding him that out of the profits of them he should cause them to be speedily repaired And in 9 E. 2. Richard de Repham and Edmund de Passele were constituted Commissioners for the view and repair of the Banks c. betwixt London bridge and the Mannour called Fauxes-Halle as also of a certain Bank in the Land of the Bishop of Winchester in Suthwerke which having been antiently made for the safeguard thereof was then ruinous and broken And likewise of certain Ditches whereby the fresh waters had formerly used to descend into the Thames which were then choak'd up And to distrain all such persons for the repait of the said Banks and Ditches who in respect of any lands that they held or otherwise were obliged thereto In 13 E. 2. upon an Inquisition taken before Iohn de Everdon and Geffrey de Hertelpole then the Kings Justices assigned to enquire of the defects in repair of those Banks which were situate betwixt London bridge and Grenewiche the Jury presented upon their Oaths that part of a Bank at Retherhethe containing thirteen perches in length was then broken and that Sir Iohn Latimer Knight in respect of a certain messuage that he had there was and had been chardged with the repair thereof time out of mind It was likewise presented that at a place there called Milnewardstrete there was a Gutter called Mouse goter so obstructed that the water which had used and ought to passe through it into the Thames was stopped and that one Richard le Chaundeler was obliged by right to clense and scowr the same by reason of his Lands there And moreover that there was another Gutter in the Land lately belonging to Richard de Dunle so stopped likewise the clensing whereof belonged to Agnes his widow then Tenant to the said Lands As also that there was another Gutter in the grounds whereof Richard de Ashwy had been lately possessed which Gutter being then likewise
choakâ— up did endanger the drowning the adjacent Marshes and that the clensing thereof pertained to the heirs of the said Richard And lastly that there was a certain Sewer called Ozflete pasâ—ing from the water of S. Thomas unto the Thames stopt up also for want of clensing to the great annoyance of the Lands of Iohn Capsho and Robert Allard which Sewer ought to have been scoured by the said Iohn and Robert It was therefore ordained by the before-specified Justices that the said Sir Iohn le Latimer and the rest of the persons so presented as aforesaid should be distrained to make good the several repairs above-mentioned so belonging unto them In 26 E. 3. Will. Thorpe Iames Hâ—fee and Will. de Fifhide were appointed 〈◊〉 view and repair the Banks aâ—â—he Stewes and in other places adjaâ—â—â—â—â— by the breach whereof divers groundâ— and meadows lay then totally drowned And in 37 E. 3. Edmund Chelreye Thomas Morice and Michael Skillyng had the like appointment for those Banks neer the said Stewes which were opposite to the Mannour House of Iohn de Moâ—bray Before which Commissioners divers presentments were then made touching those Banks and Sewers neer the same Stewes where divers persons being found faulty paid fines to the King others acknowleged that they ought to repair them by the perch and others had made good what belonged to them to do whereof the Prior of S. Iohns of Ierusalem was one who had two Mills there and other lands to the value of xl per annum The like was certified of Sir Iohn de Moubray Knight and Elizabeth his wife daughter and heir of Iohn de Segrave In 42 E. 3. Iohn Lovekin Will. Taâ—ke Will. de Neudigate anâ— othâ—rs had the like assignation for the Banks c. extending from a place called Dâ—nielissewalle in this County of Surrey to Roddisâ—orne in Kent And in 48 E. 3. Robert Bealknap Will. Halden Roger Dygge and others for the same Banks betwixt Danyeleswalle and the Land of the Prior of S. Marie de Overe and about a medow called Croâ—chemede by which Commiâ—sion â—hâ—y â—ere directed to proceed according to the Law and Custome of this Realm of England In 4 H. 5. Iohn Pâ—eston Sir Iohn Dâ—ayton Knight Thomas Rothewell junior Thowes Drewe Richard Wydeforde and Thomas Coventre were constituted Commissioners for the view and repair of the Banks Ditches c. all along the Verge of the Thames on both sides from Reading to Oxford which were then broken in many places with appointment to proceed therein according to the Law and Custome of England The next year following Iohn Preston Iohn Martyn Iohn Corf Iohn Appulton Robert Skyrne and Nicholas Conyngston had the like Commission for those Banks c. betwixt Depford strond and Bermundsey wherein they were directed to act according to the Custome of â—he Marsh and the Law and Custome of this Realm In 22 H. 6. Sir Iohn Burcestre Knight Ricâ—ard Bamme Richard Comâ—e Will. Oâ—â—urne Adam Lynelord Iohn Martyn Iohn Malton and Will. Kyrton were assigned to view all those Banks on the side of Thames and marshes adjoyning aswell within the Lordships of South Lambehithe North Lambehithe Lambehithe mershe and Parysh-garden as in Southwerk Bermundsey Retherhithe Depford stronde Peckham Hacham Camerwell Stokwell Clopham and Newyngton in the Counties of Surrey and Kent which were at that time broken and in decay and to take order for the repair of them As also to make necessary Laws and Ordinances for the safeguard and preservation of them according to the Laws and Customes of Romeney Marsh And morâ—over to imprâ—st so many Diggers and Labourers to be imployed thâ—rein upon compâ—â—ent salaryes as should be necessary in respâ—ct of the great necessity at that time for the speedy dispatch of that work The like Commission and direction had Iohn Bamburgh Richard Bamme Richard Drax and Philip Leweston in 25 H. 6. for the Banks in the same Lordships and places And in 31 H. 6. Sir Iohn Burcestre Knight Richard Waller Esquire Will. Laken Philip Leweston and others had the like for the view of all the Banks from East-Grenewiche in Kent to Wandesworth in Surrey So also had the said Sir Iohn Burcestre Sir Iohn Cheyne Knights Richard Waller Esquire Will. Laken and others for those betwixt West-Grenewiche and Wandesworth aforesaid viz. to the Sluces callâ—d Harescluse Râ—therhithe Suthwerke Bermondsey Parysgaâ—dyn Lâ—mbehythe Lambehythe mersh Batersey Wandesworth Clopham Pekham and Camberwerwell The like Commission for the same Places and to proceed accordingly had Sir Iohn Bourgchier of Barners Knight Sir Iohn Burcestre Sir Iohn Cheyne Knights and others in 33 H. 6. So also had Sir Raphe Iosselyn Knight Mayor of the City of London Sir Walter Moile Knight Sir Iohn Burcestre Knight Nich. Gaynesford Esquire Iohn Wode and others in 5 E. 4. And likewise Sir Richard Fenys Lord Dacres Iohn Abbot of Bermundsey Henry Prior of S. Marie Overey in Suthwerk Will. Crosse Master of the Hospital of S. Thomas the martyr in Suthwerk and divers others in 14 E. 4. CAP. XV. HAving now done with the Marshes on the South part of Thames I come to those on the North side lying in the Counties of Midlesex and Essex beginning with Middlesex where the first mention I find of any thing in this kind is that in 26 E. 1. Robert de Retford and Henry Spigurnell were assigned to view and repair the Banks and Ditches in Stebbenhethe and the parts adjacent After this viz. on Wednesâ—ay next after the Feast of S. Martin the Bishop in 18 E. 2. there was an inquisition taken at the Hospital of S. Kathrines neer the Tower of London before Will. de Broke and Robert de Kellesey then the Kings Justices for view of the Banks Ditches c. lying betwixt the said Hospital and the Town of Chadewelle and for repair of the same before whom the Jurors did present upon their Oaths that a certain person of antient time Lord of the Mannour of Stebenhethe before-mentioned whose name they knew not did by his industry recover a certain Marsh there containing about an hundred Acres of Land which Marsh was then drowned by the overflowing of the Thames and at the time of the said presentment so made had Banks Ditches c. and did so lye betwixt the said Hospital and Shadwelle but through the want of their repair was then frequently overflowed and in divers places drowned to the great damage of the people in those parts Which Lord of the said Mannour of Stebenhethe did afterwards grant by Charter to certain of his free men xlij acres and a half of Land with the appurtenances severally by parcells to be held by them and their heirs by certain services for ever and to repair and maintain the said Banks Ditches Sewers c. viz. each man upon his own proper ground bordering on the said River of Thames of which xlij
Acres and a half Iohn Gisors Iohn Peyrun and Maude de Cauntebrig held xxxij Acres the Master of the Hospital of S. Thomas the Martyr of Acon in the said City of London ten acres and Walter Crepyn half an acre and that the said Lord of that Mannour dimised the residue of those hundred Acres to the Bondmen of the said Mannour to hold at will and to repair and maintain the Banks Ditches c. aforesaid every man at his own proper costs upon the said Lands so to him demised And they farther said that the said Lord and his Court of Stebenhethe did then decree and ordain by the assent of those his Tenants two men called Wall Reeves to oversee the said Banks c. upon the ebbing and flowing of the Tides and to warn all the Tenants of the said Lands as often as need should require to repair them and likewise to present the defaults in the Court of the said Lord at Stebenheth to the end that the defects might be thereupon amended by the said Lord and his Tenants And that the said Lord ought to have of every such Tenant so in default for the repair aforesaid for every peny three pâ—nce And so to settle the order of defence repair and maintenance of the said Banks c. in time to come and likewise the manner of choâ—sing and constituting the two men aforesaid in the said Court of the Lord to oversee those Ditches c. and to warn the Tenants when need should require from that time forth for ever Which Custome and usage had ever been exercised from that time from time to time by the Tenants of the Lords of that Mannour untill that present day the state and Title of which Lord was then in the Bishop of London And the said Jurors moreover presented that through the default of the Bondmen of the said Bishop who then held the said Lands in Stebenhethe of him the said Bishop in form aforesaid and were so obliged to those repairs but could not perform them the Banks and Ditches were broken and torn and the Lands and Tenements aswell of the Free-holders as others peâ—ilously and with great damage overflowed And it was farther enquired whether any of the said Tenants did ever contribute to the aid of any other Tenant for the repair and maintenance of those Banks c. upon any such breach hapning in former times And it was answered no For they said that every Tenant had wont to repair and sustain all the Banks c. upon his own proper land at his own chardge upon perill which might befall And because that the before-specified Free-holders who were not guilty of the said breach nor the default thereof as by the said inquisition was found whereas they should have had benefit by the repair of those banks as in reason they ought and contrarywise sustained great losse that they might have their action therefore if they saw good And that the said Bishop and his Bondmen through whose neglect those breaches drowning and damages came should be distrained from day to day for the repair and maintenance aforesaid By reason of which Inquisition for that the King was informed that the said Bishop and his Bondmen did refuse to perform those repairs at their proper costs and chardges upon their lands bordering on the before-specified River the Shireeve had command that he should summon the said Bishop to appear in the Court of Kings Bench in the xvmâ— of S. Iohn Baptist to shew if he could why c. who came accordingly and alleged that soon after the said Inquisition was so made all the defects in the Banks upon his and his said Bondmens Lands were by him and them sufficiently amended and repaired and the judgement given upon the same Inquisition â—ully executed and therefore saith that the Lands and Tenements aforesaid were not overflowed and drowned through the default of the Bishop and his Bondmen in not repairing and maintaining the Banks c. aforesaid upon those their Lands But he said that on the Even of the Circumcision of our Lord in the xviith year of the said Kings reign there hapned a mighty floud proceeding from the tempestuousnesse of the Sea which overflowed all the Banks aswell those that were against other mens lands as those against the lands of the same Bishop and his Bondmen and drowned all the said grounds Which floud afterwards in it's retreat to the Sea made a certain ground-breach upon the Land of the said Bishop which could not be repaired by the labour of one Tenant so that every man having any land so overflowed ought to be chardged equally for his proportion towards the repair thereof according to the Custome of the Marsh. And farther said that if all the Land-holders there would joyn together for the repairing and maintaining of the said ground-breach in common he the said Bishop and his Bondmen would be ready for their proportions to assist and contribute thereto And Adam de Fyncham the King's Attorney then said that the said Walls c. were so broken and torn through the default of repair by the said Bishop and his Tenants upon their own grounds that all the before-specified Lands and Tenements were thereby overflowed and in divers places drowned as aforesaid to the great damage and peril of all those Land-holders And that this he was ready to make proof of And the Bishop said as he did before and that if there were any overflowing at all it was occasioned by the said impetuous floud which went over all the said Banks and Ditches and which made that ground-breach before-specified in it's retreat and not by the default of him and his Bondmen aforesaid and desired that this might be enquired of by the County And so likewise did the said Adam then the Kings Attorney Whereupon the Jurors in the said Court of Kings Bench in the xvme of S. Michael and said upon their Oathes that the Banks Ditches c. upon the coast of Thames situate betwixt the said Hospital and the Town of Shadwell were not broken through the default of the Bishop and his bondmen and that the said Lands were not so overflowed and drowned through any defect in repair of them For they said that all the Land was so overflowed by the means of that huge floud before-mentioned occasioned through the vehement tempests from the Sea about the Feast of the Circumcision of our Lord before-specified which ran over all the said Banks and Ditches and which in it's fall to the Sea made the said ground-breach whereby those Lands became afterwards often overflowed and drowned And the said Jurors being asked who ought to repair that ground-breach answered that according to the Custome of those parts every man having any part in the said Land lying betwixt the said Hospital and Shadwell ought and had wont to contribute according to his proportion to the repair and maintenance of such a ground-breach when it should happen And therefore
the end that they might not get their ships back who discerning what was done left them and fled towards Severne That which is here called a Castle is supposed to be some Fort made at or neer Hartford situate upon the Bank of this River for before the tides were kept back at Stratford Bowe by a large Sasse there made to keep the levell above it from drowning no question but that they flowed above Ware and brought up small Vessels neer to Hartford there being betwixt Ware and Hartford a Hill which to this day beareth the name of Shipman's Hill and a tradition of the Country people that ships did in antient time lye at Anchor in that Valley The first mention wherewith I have met concerning the Marshes of Essex is in King Iohn's time Roger de Crammavill being then attached to shew cause why he did not stand to the determination made in the said King's Court by a Fine betwixt himself and the Prior of S. Iohns of Ierusalem touching the Banks Gutters and Ditches to be made in Renham marsh at which time the said Prior produced the before-mentioned Fine so made betwixt them which testified that the said Roger did then agree that he and his heirs would make and repair those Banks c. according to the proportion of his Land in that Marsh so that every Acre which the said Roger did possess should be taxed as those that belonged to the Prior. And the said Roger came and acknowleged the agreement and justified that he had fully made those Banks according to what belong'd to his Tenement and thereupon put himself upon the view of those who knew the Laws of the Marsh. Upon complaint made to the King in 8 E. 1. by the Abbot of Stratford that whereas he did use yearly to repair the Banks and Ditches of the Marshes of West-Hamme as often as need required for the preservation of his Lands and the Lands of his neighbours lying within those Marshes againts the over-flowings of the Rivers of Thames and Luye and that his said neighbours did neglect to do the like for what belong'd to them the said King directed his Precept to the Shireeve of Essex commanding him to distrain all those that were faulty therein to the end that the said Abbot might have contribution in that behalf In 15 E. 1. Iohn de Lovetot and Will. de Lamburne had Commission to view and repair the Banks and Ditches in this County upon the side of Thames and parts adjacent then in decay and to enquire through whose default they became so ruinous In 20 E. 1. the Abbot of Stratford made a new complaint to the King in the like manner as abovesaid Whereupon the said King required the Shireeve to distrain all those who were obliged to such repair of their Banks and Ditches and had not accordingly done their duty therein as also those who did refuse to contribute to the said Abbot according unto their due proportions In 31 E. 1. Walter le Baud Richard de Perneford and Iohn de Dovor were assigned to view and repair the Banks Ditches c. in this County and those at Wolwyche in Kent The like Commission had Iohn le Bretun and Will. de Wauton in 34 E. 1. for those in Essex only Several other of the same kind for this County only were in King Edward the second 's time viz. to H. Spigurnell Iohn de Dovor and Iohn de Malegraffe in 3 E. 2. To Walter le Baud Will. Fitz Robert and Iohn de Norton in 6 E. 2. To the same William Henry Gernet and Thomas Dakenham in 7 E. 2. To Will. de Hanyngfeld Iohn le Burser and Thomas de Ultyng in 8 E. 2. To Nich. Frembaud Henry Gernet Iohn de Davor and Richard Bastard in 9 E. 2. In 14 E. 2. Henry Grene Iohn de Dovere and Thomas de Chene had the like Commission for the view and repair of the Banks c. at Renham Benington and Alvitheley In 17 E. 2. Iohn de Doure Robert de Ashele and Nich. de Scotford the like for all the Marshes upon the Thames in this County So also had the said Iohn Iohn de Wydefeld and Walter de Hegham for the Banks c. betwixt Stretford atte Bough and Est-Tilbury and the parts adjacent In 18 E. 2. Iohn Boteler and Iohn de la Hay were appointed to view a certain Causey betwixt Maldon and Hebrugg under which through an arch the fresh waters had used to run into the Sea which waters were then stopt And likewise to view and repair the Banks c. in the Marshes of Esthamme in Essex and Wolwiche in Kent So also in 5 E. 3. had Robert de Rochford and Will. de Stanford for all the Banks c. within the Hundreds of Densey and Rochford In 10 E. 3. Henry Gernet and his fellow Justices assigned for the view and repair of the Banks c. on the Coast of Thames in this County sate at West Hamme on Wednesday being the Feast of S. Edmund the King where the Prioresse of Stratford made complaint before them that Will. de Masun Bayliff of the Marsh of Westhamme had distrained her for Cs. for the repair of a certain Bank called the Prior's Wall for she said that she neither had nor held any land nor ground in the said marsh for the which any wall ought by her to be repaired and therefore required judgement But she said that one Iohn de Covele long ago viz. in the time of King Henry the third held in the said Marsh as of the fee of Muntfichet which then belonged to Sir Iohn de Handlo fifty acres of land together with the said Bank then called Coveles Wall and a certain piece of Pasture called the Hope lying neer the said Bank without the precinct of the said Marsh viz. between the same Bank and the course of the River of Thames which land together with the said Bank of Hope were before that time ever assessed together for the repair of that Bank whensoever it stood in need And the said Iohn de Couele being so seized aliened the said Bank and Hope to Robert le Ku to hold to him and his heirs for the repairing and maintaining of the said Bank for ever the said Hope then being sufficient for the Pasturage of six Kine as it was reported And afterwards the said Iohn de Couele long before the Statute entituled Quia emptores terrarum sold the said Land by parcells to divers Tenants to hold to them and their heirs of him the said Iohn and his heirs for a certain yearly Rent and sute of Court to be thereupon performed And afterwards the said Iohn did wholly sell from himself and his heirs all the demesn of the before-specified Tenements together with the whole Rent and service which he had wont to receive of his said Tennants unto one Simon de
de Haveryng Knight Iohn de Cavendishe Iohn de Gildesburgh and others were made Commissioners for the repair of the Bâ—nks c. betwixt Berking and Eâ—t-Tilbury with direction to proceed therein according to the Laws and Customes of this Realm The next year following Sir Will. de Waâ—ton Knight Thomas Torell and Thomas Belhouse had the like Commission for the Banks at West-Thurrok So also in 43 E. 3. had Thomas de Lodelowe Hugh de Badewe Thomas Yonge Iohn Aâ—brey and Will. Naffeâ—ton for those at Est-Hamme West Hamme Berkyng The like in 44 E. 3. had Sr Hen. de Grey of Codnore Knight Sir Rob. de Marny Knight Iohn de Goldesburgh and others for those upon the water of Markediche and others upon the coast of Thames betwixt Berkyng and Est-Tyllebury aforesaid Other Commissions in the same Kings time were these viz. in 48 E. 3. to Robert Bealknap Iohn de Bampton and others for the Banks between Stratford atte Bowe and Est-Tilbury In 49 E. 3. to Sir Hugh de Badewe Knight Sir Iohn de Sutton Knight Sir Raphe de Poley Knight and others for those in Bradwell As also to the Abbot of Stratford Nich Carreu Iohn Aubrey and Roger Germeyn for those at Est-Hamme and West-Hamme with appointment to act therein according to the Law and Custome of this Realm And likewise to Nich Carreu Robert Bealknap Will. Tank and others for those in the Marsh of the Abbesse of Berkyng And moreover to the said Nicholas Robert Bealknap and Robert de Teye for several other Banks in divers Marshes within this County In 50 E. 3. to the Abbot of Stratford Nich. Carreu and Will. Halden for those from the Town of Stratford atte Bowe to Berkyng So also to Sir Will. de Wanton Knight Roger Mareschall Thomas de Belhous and Roger Germayn for those at West Thurrok In 51 E. 3. to Robert Bealknap Thomas Maundevill Rob. de Teyes â— and others for the Banks in several Marshes and places of this County And in 1 R. 2. to the Abbot of Stratford Nich. Carreu Will. de Halden Iohn Auberey Iohn Bampton William Rykhill and Roger Gremyn for those from Stratford aâ—te Bowe to Berkyng In 2 R. 2. Sir Henry de Grey of Wilton Sir Albred de Vere Sir Will. Berland Sir Will. Wauton Sir Iohn Symond Sir Iohn Chaneeux Knights Geffrey Darsham Rob. Rigdon and others had the like Commission for the view and repair of the Banks in sundry Marshes through this County which were then in decay and power to choose and take so many Carpenters with other Artificers and Labourers as should be needful for that work wheresoever they might be found in this County aswell within Liberties as without excepting the Fee of the Church and excepting such as were assigned for the said King's special service and to imploy them therein imprisoning such as they should find refractory The next year following Sir Will. de Wauton Knight Iohn de Middleton Roger Marescall Roger Germayn and Iohn Stody were in like sort assigned for those upon the coast of Thames and the Garden of Farndon unto the Church of West Thurrok So also in 4 R. 2. were the Abbot of Stratford Henry Asty and Laurence Allerthorpe for those at Esthamme and West-Hamme In 8 R. 2. the Abbot of Stratford Nich. Brembre Maior of the City of London Robert Bealknap Nich. Carreu Will. Rykehill Richard Ryall and Roger Germyn were appointed as aforesaid for the view and repair of the Banks from Stratford atte Bowe to Berkyng So also were Rob. Bealknap Will. Wauton Iohn Guldesburgh and others for those in the Marshes of Barking and Dakenham and to act therein according to the Law and Custome of the Marshes before that time exercised in those parts And in 15 R. 2. Iohn Radyngton Prior of the Hospital of S. Iohns of Ierusalem in England Sir Iohn Deyncourt Knight Will. de Horbury Clerk Thomas Newenton and others had the like appointment for those betwixt Reynham and Alvytheley and to act as aforesaid But though by the great care which the Kings of this Realm had for the preserving of divers coasts from inundation that lay thus in danger of the tides and the safeguard of those as had by great iudustry been won from the overflowing of the Sea much advantage did accrue to the Common wealth yet such hath been the violence and irresistable force of that element being agitated by high and boysterous winds that notwithstanding the utmost endeavours that could be used for prevention thereof it sometimes wasted and consumed much in other places of which sundry examples might be given were it requisite but I shall only instance in one viz. of the Lands and Marshes belonging to the Abby of S. Osithes in this County whereof I find mention in a Petition exhibited unto Robert de Braybroke Bishop of London in the time of King Richard 2d. and to the Dean and Chapter of that Church by Sir Albred de Vere Knight who thereby sheweth that whereas that Monastery was situate neer the Sea coast and had in it an Abbot and twenty Canons of the Order of S. Augustine serving God there devoutly every day and that the revenues thereof were through various mishaps without their default so diminished that a great part of their sustenance was abated viz. in Southflete C Acres of their arable land by the overflowing of the Sea totally drowned As also there and at their Beckarie of Coketwyk in one Pasture wherein at sometimes a C Kine and a thousand Ew-sheep might be kept through the breach of the banks ' and inundation thereof then scarce Lxx Kine and eight hundred Ewes could be maintained And moreover that two Marshes called Wyggebergh mers and Holewyke mersh in which six hundred Muttons might be yearly kept were then through the continual tides dayly overflown that scarce four hundred could be maintained And that the Water-Mill situate in the Town of S. Osiths and belonging to that Abby which had been worth xxl. was by the Sea-tides so spoiled that it could not be repaired under an hundred pound chardge And lastly that the Marsh walls in that Town in length three miles which included a Pasture for Lxx Kine and a thousand Muttons and Ewes were so torn and broken at that time that for the preserving of the same there must be other banks made anew and those old ones quitted so that a great proportion of the said Pasturage being for that respect to be left out scarce fifty Kine and six hundred sheep could be there maintained In consideration therefore of these losses he petitioned that the Church of Elmestede might be appropriated to that religious House Very many Commissions have I afterwards also seen for the view and repair of the Banks c. in this County which I shall here only in a brief manner point at viz. in 9 H. 4. to
also informed that the Tenants of the other lands were not able to undergo those repairs by reason of the great expence which would be requisite thereto Taking care therefore of his own indempnity and the preservation of those Marshes he directed his Precept to Thomas Alard Guardian of his lands of that Marsh commanding him that he should for the present occasion cause an equal contribution to be made out of those his lands according to a just and proportionable Tax with the said other Land holders lest for want thereof a greater losse might afterwards happen for which he the said Thomas was to receive allowance out of the Exchequer But after this the very next ensuing year upon an Inquisition taken by Rob. de Septem Vannis Will. de Hastyngs and Robert Paulyn whom the King had assigned to take view of the Banks and Ditches in this County and to cause them to be repaired which was returned into the Chancery it was found that the said Marsh of Winchelse could not be defended and preserved by the old wall situate towards the East and that if it ought to be defended it would be necessary to have a certain new Bank there of the length of CCCL Perches and that the said new Bank could not be made by those who according to the antient composition before-mentioned had wont to repair that old bank forasmuch as they who were in that sort lyable to the repair of the said old bank were not able in regard of the diminution of their lands to bear the whole chardge thereof themselves He therefore directed another Precept unto the said Thomas Alard requiring him to take care that such contribution should be made thereto out of his own lands and the lands of others as is above exprest And hereupon the said King issued out a Commission to the said Robert William and Robert to see that the contribution which the said King's Bayliff was to make therein should be well and also faithfully assessed A multitude of other Commissions were afterwards granted to sundry persons for to take care of the banks in the other Marshes of this County viz. in 1 E. 2. to Iohn Malemeyns Lucas atte Gate and Robert Paulyn fâ—â— those in Pevenese marsh In 2 E. 2. to Will. de Echingham Henry de Wardeden and Iohn Fylol for those in the Marshes of Wylting And the same year to Robert de Clyderhoâ— and Iohn Fillol for all the Marshes in this County In 3 E. 2. to the said William Henry and Iohn for those in the Marshes of Fothie and Wyltyng And the same year to Robert de Clyderhou Iohn Fyliol and Iohn de Brydeney for those in Pevensey marsh In 4 E. 2. to Robert de Passelâ—y Henry de Wardeden and Iohn Filliol for those Banks in the parts of Tillingham by which the Marshes of Tillingham and Est-Wytenham were wont to be defended both from the overflowing of the fresh and salt waters In 5 E. 2. to Henry de Wardeden and Iohn Fillol for those in the parts of Northie and Lullingtone In 7 E. 2. to Iohn Heringod Iohn Filol Will. de Sneylham for all those upon the Sea-coasts throughout this County And so also the same year to Andrew Peverell Will. de Northo Iohn Filiol and Will. de Snaytham In 8 E. 2. to Iohn Heryngaud Iohn Filiol and Iohn de la More for those in the Marsh of Filesham Boxle Wyltyng and Crawherst In 9 E. 2. to Edm. Passheleye Stephan Alard of Wynchelse and Mathew de Knolle for those in the parts of Tillingham before-mentioned In 10 E. 2. to Will. de Echyngham Andrew Peverell Iohn Filiol and Will. de Sneylham for all those upon the Sea-coasts throughout this County The like Commission had Will. de Echyngham Iohn de Ifeld William de Northo and William de Snaylham in the same year In 13 E. 2. to Henry Beaufiz Iohn de Bergham and Iohn Dalingrugge for those in the parts of Pevenesey and Hastings So also the same year to the said Henry Andrew Lutterell and Iohn Dalingrugge In the tenth year of Edward 2. the said King at the request of Robert de Sapy in consideration of his good and faithfull service granted by Charter unto the said Robert and Aliva his wife liberty to inclose as much of Pevenese marsh as was then overflowed and in the occupation of no man and to hold it of the said King and his heirs during their two lives for a pair of gilt Spurs to be paid into the said Kings Exchequer every year upon the Feast day of S. Iohn Baptist. But forasmuch as the said Robert and Aliva did take no benefit of that grant but delivered in their said Charter into the Chancery to be cancelled the King by his Precept dated at Westminster 13 August in the 15th year of his reign commanded the Barons of his said Exchequer to supersede their demand of the said Spurs In 16 E. 2. Edmund de Passele Will. de Northo and Will. de Robertsbrigge were appointed to view and take order for repair of the banks c. at Wortling and Pevenese and elswhere in this County In 18 E. 2. Giles de Briaunzon Iohn Filol Will. de Robertsbrigge and Iohn de Dalingrigge had the like appointment for those in the parts of Pevense and Hastings In 5 E. 3. Will. de Robertsbrigge Robert de Sharden and Thomas de Wyvill had the like for those in the Rape of Hastings So also in 6 E. 3. had Thomas de Faversham Richard de Grosherst and Robert de Bataille for those in North-mershe neer Rye and Spadelond mersh betwixt Wynchelse and Damse wall The like in 8 E. 3. had Thomas de Faversham Will. de Robertsbrigge and Gosceline de Gatele About two years afterwards the King directing his precept to Will. de Robertsbrigge Robert de Shardenne and Robert Bataille wherein he recited that whereas he had assigned them the said William Robert and Robert or any two of them to view the Banks and Water-gangs in the marsh called Northmershs neer Rye and in the marsh of Spadelond betwixt Wynchelse and Daunswall and in other Marshes adjoyning and to enquire by the Oaths aswell of Knights as others through whose neglect the defaults in those Marshes had hapned And that whereas by Inquisition taken by the said William Robert and Robert it was amongst other things found that there were Cxxviij acres of land in the said marsh which did belong to the King's Mannour of Ihamme and that the said King's Bondmen there held of him xxx acres of land called Spadelond in the said Marsh as also that the said King's lands and the lands of others could not be preserved except a contribution were made out of them for necessary chardges tending to such their safeguard And that they the said Commissioners had forborn to
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
Lordships which being accepted of by the King there were Allotments then made according to the proportion of each Mannour Neverthelesse after this fair entrance to so good and beneficial a work nothing was done therein To give some encouragement therfore to posterity in case this present age shall still decline it I have here exhibited a perfect Map thereof with the particular Allotments assigned to each of those bordering Lordships The Division and Allotment of King's Sedgmore to the several Mannours and Freeholders thereunto adjoyning according to the Survey thereof taken   Quantity of the Mannors Allotment of Acres in the Moor. Names of the Mannors  Acres Acres Dunwere Bower To the heirs of Sir Robert Chichester 600 171 To William Hinkmore Esquire 350 100 To Brent's Lands there 260 75 Stawell To Sir Iohn Stawell Knight of the Bathe 960 274 Sutton Mallet To Iohn Mallet Esquire 820 234 Bawdrippe To Walter Longe Esquire 765 218 Brodney To Thomas Muttlebury Esquire 246 70 Middle Zoy. To Richard Warr Esquire 1714 488 To Sir â—ichard Strode 194 56 To the Freeholders there 80 23 Mourlinch To the heirs of Mr. Floyer 1240 354 Higham To Henry Lord Gray 2485 708 Netherham To the heirs of Sir Edward Hext 928 264 Aller To Sir Iohn Stawell   Berre To Sir William Courtney 400 114 To Iames Northover Gentleman his Farm there 300 86 To the Parsonage and other Freeholders there 100 29 â—ishcot To Sir Thomas Cheeke 1846 526 Horsey To Sir George Horsey 1293 370 Ched Zoy. To William Earl of Pembroke 1440 411 Wesâ—on To Sir Peter Van Lore 2038 582 To the Parson and Vicar Iohn Brag and Nicholas Watts   Othery To Edward Trint Esquire 1378 393 To Mr. Balle Mr. Harris and Mr. Sanders their Freeholds 121 35 Somerton To Thomas Hill Esquire 1430 408 To Iames Rese Esquire 464 132 To the heirs of Sir Edward Hext 3159 901 To the Parsonage there 171 49 To the Church-Burgages 52 15 Graynton To the heirs of Mr. Watts 1019 291 Pitteney To William Earl of Northampton 1114 318 To the heirs of Sir Iohn Hanham 882 251 Cumpton Dondon To Sir Iohn Strangways Knight 1921 548 To Baronet Portman his Freehold there   Walton To Sir Thomas Thinne 1893 540 Streete To Andrew Whittington 1711 488 To Mr. Alexander Deyer   To Freeholders omitted    Memorandum that these Allotments were rated proportionably after the rate of xxviij Acres and a half of the Moor by the perch of xv foot to every hundred Acres of the severals The total 32374 Acres The total 9522 Acres besides 4000 Acres intended for the King CAP. XXIâ— TOuching the Marshes in this County the first Commission that I have found was in 5 E. 2. and directed to Iohn de Wyllington Robert de Clyderhom and Stephan de Salt-marsh for the view and repair of the Banks c. in the parts of Hambury in Saltmersh The like about two years after was directed to Nich. de Kyngeston Richard de Rodeneye and Iohn de Dunstaple In 33 E. 3. Thomas de Berkelee of Coberlee Simon Basset William de Chiltenham Iohn de Yate and Iohn de Clifford were assigned to view and take order for the repair of all those which were bordering upon Severne betwixt Bristoll and Gloucester So also in 36 E. 3. were Thomas Moygne Iohn Tracy Iohn Clifford and Iohn Sloghtre And in 38 E. 3. the said Iohn Tracy Iohn Clifford and Iohn Sloghtre Who accordingly sate at Thornbury upon Monday next after the Feast of S. Peter ad Vincula where the Juroâ—s presented unto them upon Oath that Iohn Fitz Nicholl Lord of Hull was bound to receive the watercourse of the Rendyche lying betwixt the Lordships of Roehampton and Hull and to lead the same upon his own land unto the Severne which he had not done and that the Country was dampnified by such his neglect And the same Iohn being thereupon distrained to come before the said Justices at Sobbury on Wednesday next after the Feast of Peter Paul in the 39th year of the said K. E. 3. to answer thereunto came and said that he ought not nor ever did receive and lead the said Watercourse upon his own proper soil unto Severne as it was alleged and therefore did put himself upon the Countrey And accordingly was dischadrged therof by the Jurors In 44 E. 3. Iohn Moubray Will. Wakebrigg Iohn Sarjaunt Robert Palet and William Church hill were appointed to view and repair the Banks c. in Saltmersh neer Bristoll In 2 R. 2. it was certified that there was and antiently had been a certain standing water occasioned by rain in the Meadows and Fields of the Towns of Aylbrighton Olveston Auste neer Cotes and Littelton in the Winter season every year for the drayning whereof there likewise was and antiently had been a certain Trench wholly out of the land the Abbot of Malmesbury extending from the waters of the said Towns to a certain place called Holpole and from thence to another place called Holpole and thence to a place called Pynkenhampspull and thence to another place called Cakepull and thence to Severne which is an arm of the Sea Which trench the said towns of Aylbrighton Olveston Auste neer Cotes were obliged to scour And they said that neither the waters of Aylbrighton Olveston Auste neer Cotes and Littelton nor any other waters coming upon or overflowing the Lands and Meadows of those Towns by rain or any other means before the twentieth year of the reign of King Edward the first did use to run to Boyston nor from thence to Severne noâ— Littelton's pull nor to the trench which the said Abbot claimed only for the drayning of the waters overflowing his Lands unto Severne as by the allegation of Thomas Shardelowe then the said King's Attorney was supposed Several other Commissions there were in this King's time for the repair of the Banks Ditches and Sewers in this Shire viz. in 4 R. 2. to Sir Thomas de Berkele and Sir Iohn Thorpe Knights Raphe Waleys and Iohn Stanshawe for those in the Towns of Albrighton Olveston Luttleton and Aust neer Cotes In 6 R. 2. to Sir Iohn Beauchamp of Powyk and Sir Will. Castelacre Knights Iohn Cherleton and William Heyberer for all in general throughout this County In 8 R. 2. to Sir Thomas Berkele Sir Iohn Berkele and Sir Edward de Bradeston Knights Robert de Cherletone Iohn Sergeant Raphe Weleys and Iohn Stanshawe for those on the coast of Severne in the Hundred of Berkele Grumbaldesash Thornebury and Hembury In 9 R. 2. to Thomas Berkley of Bâ—rkley Robert Bealknap Iohn Berkley Iohn Tracy Iohn Sergeant and Iohn Lucy for those on the coast of Severne and parts adjoyning So likewise in 13 R. 2. to Sir Iohn Berkele Knight Iohn Cassey Raphe Waleys and others In 16 R. 2. the King directing his Precept to
Roclyff Alexander Lound Will. Mostone and Thomas Maners for those in the Wapentakes of Hertelle and betwixt Ouse and Derwent and the Liberty of Holdenscire In 30 H. 6. to Iohn Portyngton Sir Thomas Metham Sir Iames Pykering Knights Raphe Babthorpe Guy Roclyff Henry Thwaytes Iohn Vavasour Will. Moston and Thomas Maners for the same Banks c. In 33 H. 6. to Iohn Nevill Esquire Nich. Girlyntone Iohn Vavasoure Geffrey Blakey and Henry Bury for the same So likewise in 37 H. 6. to the said Iohn Nevill Iohn Thwaytes Rob. Drax Raphe Reresby and Richard Knight And in 1 E. 4. to Guy Fairfax Iohn Vavasour Rob. Shefelde Edw. Saltmarshe Geffrey Blakey Iohn Haldynby Iohn Barker and Iohn Yeland In 5 E. 4. to Iohn Earl of Northumberland Sir Robert Constable Knight Iohn Pilkyngton one of the Esquires for the Kings body Iohn Vavasour Alexander Lounde Rob. Sheffeld junior Edw. Saltmersh Rob. Portyngton senior and Leonard Knight for those Banks c. in the Wapentakes of Herthyll and betwixt Ouse and Derwent and liberty of Holdenshire In 6. E. 4. to the same Earl Guy Fairfax Iohn Vavasoure Rob. Sheffeld Edw. Saltmershe Rob. Portyngton senior Geffrey Blakey Iohn Haldenby Iohn Berker and Iohn Yeland for those in the parts of Mersland betwixt the Rivers of Ouse Doone Ayre and Went. In 49 H. 6. to Iohn Marquesse of Montagu Sir Robert Constable Knight Guy Fairfax Iohn Vavasour Rob. Sheffelde Edw. Saltmershe Rob. Portyngtone senior Rob. Lucas and Leonard Knyght for those in the Wapentake of Hâ—rthill and betwixt Ouse and Derwent and liberty of Hovedenâ—shire In 13 E. 4. to Sir Thomas Borough Knight Thomas Fitz William Iohn Haldenby Richard Portyngtone Iohn Egmantone Rob. Haldenby Rob. Sheffeld Edward Saltmershe Iohn Vavasour senior and Thomas Belwode for those within the bounds of Marshland betwixt the Rivers of Ouse Went and Mardyke as also within the Isle of Arholme in Lincolnshire In 19 E. 4. to Richard Duke of Gloucester Henry Earl of Northumberland Sir Robert Constable Knight Sir Tho. Metham Knight Iohn Vavasour senior Iohn Vavasour junior Rob. Sheffeld Edw. Saltmersh Iohn Aske Esquire Rob. Portyngtone and Leonard Knyght for those in the Wapentake of Herthill as also betwixt Ouse and Derwent and liberty of Houdenshire And in 22 E. 4. to the same Commissioners for all the places abovesaid CAP. XXIII NOr were the improvements of this kind lesse antient in that part of the County lying nearer to the Sea for in 13 E. 1. the King being informed that both his own Lands and the Lands of divers of his good subjects were often drowned for the want of repairing certain Banks in Holdernesse on which the violence of the River of Humbre had made sundry breaches assigned Thomas de Normanvill to take a view of them and to see them speedily amended The like Commisâ—â—on in 23 E. 1. had Thomas de Weston then Guardian of all the said Kings lands in that part of this Shire So likewise in 1 E. 2. had Miles de Stapeltone and Raphe Lelle and in 2 E. 2. Will. de Vaus and the said Raphe Lelle In 4 E. 2. Iohn de Lisle Thomas de Fisheburne Iohn de Sutton and Adam de Hoptune were constituted Commissioners for the view and repair of the banks c. betwixt Hull and Paphel In 5 E. 2. the King being informed that the Sewer betwixt the Port of Hedone and his Mannour of Brustwyk wanted clensing and repair and that the chardge thereof in regard of his Demesnes there belonged to himself directed his special Precept to Edmund de Mauley then his Guardian of that Lordship commanding him to take order for to scour and repair the same In 6 E. 2. Will. de Houke Alexander de Cave and Robert de Sandale goverâ—our of the Town of Kingston upon Hull were assigned to view and repair the Banks upon the coasts of the Rivers of Humbre and Hull So also the same year were Robert Tiliol and Gilbert de Stapelton for those upon the coast of Humbre betwixt Esingtone and Hedone And the next year following the same King directed his Precept to the said Robert de Sandale then likewise governour of Hull and Guardian of the said Kings Mannour of Mitone that he should take xll. of the Ferm of the same town of Hull and issue of the Mannour of Mitone aforesaid and imploy the said money in the repair of the Banks and Ditches upon those Rivers of Humbre and Hull according to the discretion and view of Richard de Gretford and other honest men of that town And the same year had Walt. de Faucumberge the elder Herbert de S. Quintin Iohn de Barton of Oswaldkirke appointment to view and repair the Banks that were then in decay either upon the Sea-coast or coast of Humbre within the precinct of Holdernesse in this County In 9 E. 2. Iohn de L'isle Iohn de Donecaster and Robert de Sandale were directed to view and repair the banks c. for safeguard of the Mannour of Mytone neer Kingston upon Hull which had forcibly andriotously been broken in the night time by Gerard de Useflet Rich. de Anlouby Raphe de Nevill and others and to enquire touching that misdemeanour The like Commission in 10 E. 2. was directed to Robert de Hastang Alexander de Cave and Robert de Hedon to enquire of the breach of those Banks by Loretta the VVidow of Iohn de Usflete Iohn her son Gerard de Usflete and others In 12 E. 2. Robert Constable of Burton Gilbert de Rishetone and Rob. de Hetone were assigned to view and repair the Banks and Ditches upon the coast of the Sea and water of Humbre in these parts and in the Wapentake of Dykering in Yorkshire The like appointment in 1 E. 3. had Robert de Constable Robert de Hedon Rob. de Burton and Iohn de Thwaits So also in 10 E. 3. had Iohn Sutton of Holdernesse Simon de Grimesby Thomas de Burton and Amand de Forthingham In 12 E. 3. Margerie the VVidow of Robert de Botheby and the Burgesses of Hedon in Holdernesse did by divers Petitions exhibited to the King and his Council in Parliament represent unto them that whereas by a certain Sewer called the Sturch which goeth from the Town of Bond brustwyk through the midst of Hedon unto the River of Humbre and betwixt the lands of the said Kings Teâ—ants of his Mannour of Brustwyk residing at Bond brustwyk on the one part and the Lands of the said Margerie at Ryhill on the other all the said lands on both sides had been drayned time out of mind and not by any other Sewer And that by pretence of a certain Mandate from the said King under his privy Seal obtained at the sute of some of his said Tenants threatning to oppresse the said Margerie and alleging
that the course thereof had been newly diverted by her out of it's antient Chanel which Mandate being directed unto Simon de Grimesby the said Kings Steward there requiring him to reduce the same into it's old course divers trenches were made upon the banks thereof in the grounds of her the said Margerie at Ryhill through which it extended in several places where no current of water had ever been till that time by a number of armed people in those parts insomuch as the Lands and Meadows of her the said Margerie which lay neer to that Sewer were totally overflowed by the tides of Humbre and aswell she the said Margerie in danger to lose the whole profit of her said Lands and Meadows as those Burgesses who held the said Town of Hedon of the King by a certain yearly Ferm and for their better paying thereof used to receive much Commodity by Boats and other Vessels that had wont to be carryed to that Town by the water of the said Sewer which by the making of those trenches was then dryed up The King therefore for remedy thereof gave Commission to Iohn de Stonore Iohn de Molyns Robert Parnyng and Hugh de Berwyk to view the same and to rectifie what was amisse therein In 14 E. 3. Raphe de Bulmere Iohn de Sutton Iohn de Meux Thomas de Burton and Thomas de Cayton were assigned to view and repair the Banks c. upon the coast of Humbre in the Towns of Frismersh Tharlesthorpe Kayngham Ryel Burton Pidse and Halsham The like assignation in 16 E. 3. had Robert de Hilton Will. L'engleys Iohn le Constable of Halsham and Walter de Waldegrave for those in the Towns of Patrington Frisemersk Tharlesthorpe Otrygham Weynestede Frothingham Newsum Rymmeswell Outhorne Wythornes Redmayr Holaym Risum Holmton Thorpe juxta Wellewyk and Penysthorpe So also had Herbert de S. Quintin Richard de Ros Iohn de Sourdenhale and Robert de Wythornwyk for those from Lamwath bridge Northwards within this liberty of Holdernesse The chardge in supporting of which Banks and Sewers was such that the Inhabitants of Frismerk finding it very burthensome did in 18 E. 3. by Petition to the King and his Counsel in Parliament exhibited complained that their lands were often overflowed by the tides of Humbre and that they had been at a constant and very great chardge for the safeguard of them so that they could not pay such taxes and impositions as they had done being lesse able to maintain their said Banks for preservation of their Town than formerly and therefore humbly besought him that taking the premisses into consideration he would command that the Fifteen then granted to him in Parliament by the Commonalty of this Realm for two years ensuing as also all other Assessments for the future might be ratâ—d according to the value of the goods and Catalls which they then had in that Town VVhereupon the King compassionating their condition assigned Michael de Wathe Iohn de Constable of Hasham Robert de Sprotle Clerk and Iohn Sturmy his Commissioners to enquire thereof VVho did accordingly and certified that the said lands were very often overflowed by the before-specified River of Humbre as also that the third part thereof were totally destroyed and consumed by the tides and that the said Inhabitants had often been at inestimable costs for the safeguard of that their town and must still be the King therefore deeming it not consonant to rightâ— that they should be unduly chardged in any Tenths Fifteens or other Assessments for their lands so wasted and destroyed directed his Precept to the Assessors and Collectors of the Tenth and Fifteen granted to him by the said Commonalty of this Realm in that Parliament beforespecified requiring them that having farther information touching the value of the movables which they then had in that town they should assesse them accordingly and supersede the collection thereof according to the tax of the old Fifteen By virtue of which Precept the said Inhabitants of Frismerk being assessed at xxvis. viijd. per annum for each of the said two years the King sent his Mandate to the Barons of his Exchequer requiring them that in that Fifteen nor the like for the future to be granted they should not be rated at any greater summ The like Mandate was also directed to the Collectors of VVools for the Est-Rithing of this County for a proportionable abatement to the Inhabitants of the said Town of Frismerk upon the same considerations In 26 E. 3. Thomas Metham William Playce and Henry Greystoke were constituted Commissioners for to set up certain metes and bound-marks in the Kings Marshes and Fishings within the parts of Holdernesse in the presence and with the advice of honest and trusty persons of the Country so that the said King and others might have full knowledge of their severals in those Marshes and Fishings In the same year Iohn Sutton of Holdernesse Thomas de Seton Will. de Skipwith and Iohn de Wilton were appointed to view the Banks c. upon the coast of Humbre betwixt the Towns of Hesele and Ravensere as also upon the coast of Hull betwixt Beverley and Kingston upon Hull So also were Sir Robert de Hilton Knight Illard de Usflete Iohn de Bilton Peter de Grymesby and Will. de Hoton for those within the Precincts of Holdernesse and Ravensere unto Wistede in this County In 30 E. 3. the King being informed that the tides in the Rivers of Humbre and Hull did then flow higher by four foot than they had wont to do by reason whereof the common Road-way leading from the Town of Anlaby to Kingston upon Hull as also the lands and Pastures lying betwixt both those places and the Town of Hesell were overflowed and consumed And being also advertised that it would be necessary that the antient Ditch which had extended from the said Town of Anlaby to Anlaby ker should be new clensed and enlarged for the space of twelve foot in bredth and that from thence a new Ditch of xxiiij foot in bredth should be made extending to the Pasture of Miton neer unto the said Town of Kingston upon Hull and so through the midst of that Pasture unto the same town of Kingston by which Ditches the said waters at every tide might passe to and fro And that the said way ought to be raised much higher the said King by his Letters Paâ—ents bearing date the tenth of May in the year abovesaid assigned Thomas Ughtred Gilbert Chasteleyn Will. de Skipwith Thomas de Ingelby Iohn de Bentele and Iohn de Wilton to cause the premisses to be effected How long the tides upon this coast kept their course so much higher than they had formerly done I am not able to say but 't is like that they did so for no short time after there being scarce a year in the succeeding part of this
Kings reign that one or more Commissions were not issued out for repair of the Banks in some place or othâ—r upon this great River For in 31 E. 3. Robert de Hilton Iohn de Faucoberge and Iohn de Wilton were assigned to take care of those at Kaynghamflete then torn and broken by the violence of the VVaves The like Commissions were directed as followeth viz. in 33 E. 3. to Iohn de Botheby Iohn de Faucomberge Will. Fililod and others for all the Banks c. upon the coast of Humbre in these parts of Holdernesse So also to Iohn de Monceaux Iohn de Boutheby Iohn Sturmy and Peter de Grymesby for the same Banks c. and those in the VVapentake of Dykering In 34 E. 3 to Sir Thomas de Meaux and Sir Iohn Monceaux Knights Iohn de Botheby Clerk and others for those from Hull briggs to Ravensere And likewise to Nich. Damory Will. de Skipwith and VVill. Rys for those throughout both the VVapentakes of Holdernesse and Dykering In 36 E. 3. to VVill. de Skipwith Thomas Tirel Sir Iohn de Meaux Knight and others for those from Hullbrigge to Ravensere In 38 E. 3. to Thomas Tyrell VVill. Estfeld Thomas VVythornwyk and VVill. de Hoton In 39 E. 3. to VVilliam de Skipwith Richard de Ravensere and others for those betwixt a place called the Stelle of Sudcote and the town of Kingston upon Hull through the breaches whereof the lands and meadows adjacent were much overflowed In 40 E. 3. to Iohn de Bentele Will. de Estfeld Iohn de Wandesford the elder Thomas de Wythornwyk and Will. de Hoton for those throughout the whole Est Rything of this County In 41 E. 3. to Thomas Tyrell Robert Twyer Will. de Estfeld Iohn de Wilton and others for all those throughout the whole liberty of Holdernesse The like in 42 E. 3. to Thomas de Ingelby Will. de Fyncheden Roger de Kirketon and others So also in 43 E. 3. to Will. de Fyncheden Simon de Heslarton Iohn de Estbury Roger de Fulthorp and VVill. de Estfeld In 47 E. 3. the Abbot of Meaux having bâ—en presented for not clensing and repairing the Ditchâ—s and Sewers in these parts viz. Lambwath Munkedike Holdike and others pleaded that divers towns and persons whom he there nameth ought to contribute with him thereto and that he alone was not bound to undergo that chardge but the Kings Attorney replyed that he alone ought to do it therefore a Jury was summoned In the same year Sir Simon de Heselardton Knight Roger de Fulthorp Thomas de Beverlee and Walter de Ruddestone were appointed to view and repair the Banks c. in the Towns of Lokyngton Watton Scorburgh Kilingwyk and Besewyk which by the descent of the fresh waters from the Woldes into the Rivâ—r of Hull were broken And in 49 E. 3. Roger de Fulthorp Sir Thomas Tyrell and Sir Thomas Sutton Knights with others had the like appointment for those betwixt Cammeryngton Well neer Bonne Brustewyke unto Hedon and thence to Pauleflete upon Humbre directly on each side In 51 E. 3. Peter Hildyard commenced a sute against the Abbot of Meaux for not clensing of a certain Ditch called Munkedyke at Arnold and Ristone by reason whereof his Meadows and Pastures were drowned VVhereunto the Abbot answered that he had sufficiently scoured the same but that the said Peter and his Tenants for their better passage with Carriages did fill up the said Ditch with Timber Hay Straw and Dung so that the water was thereby obstructed in it's passage a Jury therefore were summoned c. In 2 R. 3. VVill Skipwith Roger de Fulthorpe Iohn Constable of Halsham Robert de Hilton Iohn de S. Quintin Robert de Plesyngton and VVill. de Holme were constituted Commissioners for the view and repair of the Banks c. throughout the whole precinct of Holdernesse In 8 R. 2. the same VVill. de Skipwith with VVill. de Burgh Iohn de Lokton Walter Frost and Will. de Holme had the like assignation for those betwixt Kingston upon Huâ—le and the Towns of Hesil and Anlaby So also in 10 R. 2. had Sir Iohn de S. Quintin Knight Iohn de Lokton Will. de Holme Robert Sturemy Hugh de Arderne and William Hundegate for those upon the River of Hull and parts adjacent from the towns of Killingwyk Scoreburgh Watton Besewyk Lokyngton and Rotsee to the Towns of Ake Eske Erughome and the Mannour of Berghe In the same year the King having received information that there was a certain Ditch at Rosse and Burton-Pydese newly made whereby divers Brooks were hindred of their antient course and the rain descending thereinto overflowed the Queens lands and meadows at Burton aforesaid and in other places he assigned Sir Iohn Conestable and Sir Iohn de S. Quintin Knights Iohn Frankish Rob. Sturmy and Iohn Redenesse to enquire thereof c. In 11 R. 2. Sir Peter de Bukton and Iohn de Thornholme together with the said Sir Iohn de S. Quintin and others were appointed to view and repair the Banks c. from the said towns of Kyllyngwike Scorburgh Watton Besewyke Lokyngton and Rotsee to Eske Erughome and the said Mannour of Bergh In 13 R. 2. Sir Iohn Constable Sir Iohn Kentwode and Sir Robert Plessynton Knights Thomas Claymond and Iohn Frankysh were assigned to view and repair all the banks c. in these parts of Holdernesse The like assignation in 17 R. 2. had Sir Iohn Constable of Halsham Knight VVilliam Gascoigne Iohn VVodrof VVilliam Holme Will. Hundegate and Hugh Arderne So also in 18 R. 2. had Sir Robert de Hilton Sir Iohn Constable of Halsham and Sir Robert Twyer Knights Iohn Markham VVill. de Holme Robert Tirwhit and Iohn de Rednes with direction to proceed therein according to the Law and Custome of this Realm And in 19 R. 2. Sir Robert Nevill Sir Iohn de Routhe Knights Peter de Nuthill Iames de Hotone Rob. Tirwhit VVill. de Nafreton Hugh de Ardern Iohn de Rednesse and VVill. Skyerne for those at Tyktone In 20 R. 2. Sir Stephan le Scrope of Masham Sir Robert Nevill Sir Iohn de Routh Robert de Garton Clerk Peter de Nuthill Iames de Hoton Rob. Tirwhyt VVill. de Nafredon Hugh de Ardern and Iohn de Redenesse were constituted Commissioners for the view and repair of all those within this liberty of Holdernesse with appointment to act therein according to the Law and Custome of this Realm and the Custome of Romeney marsh The like Commission in 1 H. 4. had Sir Robert Hilton and Sir Gerard Usflete Knights VVill. Gascoigne Rob. Tirwhyt Rich. Beverley and Iohn Rednesse and to do all things therein according to the Law and Custome of this Realme So also had Laurence de Allerthorp Clerk VVill. Gascoigne Rob. Tirwhit
virtue of the Agreement abovesaid did build and plant a Town called Sandtoft with a Church therein placing a Minister there whereunto resorted above two hundred Families of French and Walloon Protestants fled out of their native Country for fear of the Inquisition only to enjoy the free exercise of their Religion here who erected and planted above two hundred habitations for Husbandry and plowed and tilled much of the said twenty four thousand and five hundred Acres of land to the great benefit of the Common wealth All which they enjoyed till about the Month of Iune in the year 1642 that some of the Inhabitants thereabouts pretending they had right of Common said they were not bound by the before-specified Decree and therefore taking advantage of the present distractions for then it was that the Parliament began to raise a powerful Army for the safety of the King's person defence of both Houses of Parliament and of those who had obeyed their Orders and commands and preserving the true Religion Laws Liberties and peace of the Kingdome as their votes and Remonstrances did set forth a vast proportion of money and plate being brought in by the Citizens of London and others for that purpose the King being at that time at Yorke with some slendâ—r guards which they voted to be a levying of warr against his Parliament they arose in tumults brake down the fences and inclosures of four thousand Acres destroyed all the Corn growing and demolished the Houses built thereon And about the beginning of February ensuing they pulled up the Floud-gates of Snow Sewer which by letting in the tides from the River of Trent soon drowned a great part of Hatfield Chase divers persons standing there with Muskets and saying that there they would stay till the whole levell were drowned and the Inhabitants forced to swim away like Ducks and so continued guarding the said Sluse for the space of seven weeks together letting in the tides at evâ—ry full water and keeping the Sluse shut at an ebb And about that time likewise some of the Inhabitants of Miâ—â—erton pulled down another Sluse neer that Town which occasioned the River of Trent to break down the Banks and overflow the whole levell so that the Barns and Stacks of Coâ—n were drowned a yard high at the least And thinking this not to be mischief enough the Inhabitants of the Isle of Axholme did about Michaelmasse in the year 1645 tumultuously throw down a great part of the Banks and filled up the Ditches putting in Cattel into the Corn and Pastures of those that had been Adventurers for the drayning Whereupon the said Participants in this great and costly work by their humble Petition exhibited to the Parliament in December following presented that after the expence of at least two hundred thousand pounds in those works the Tenants of the Mannour of Epworth notwithstanding their consents to that Decree before-specified which had been passed in the Exchequeâ— for settlement of what had been agreed on and set out of that Mannour for the said Participanâ—s and their Tenants had in a tumultuous manner thrown down and laid waste a proportion of at least 74000 Acres of land and destroyed a great quantity of Rape and Corn growing by forcible keeping and depasturing their Cattel thereon as also demolished very many Houses burnt others cut and burned the Plows beat and wounded those that were Plowing or resisted them in any of those their outragious acts and then threatned the drowning of the whole by cuttng of the Banks and misusage of the Sluses and moreover that they resisted the said Pâ—rticipants in levying taxes for the repair of the works to the great damage of the Common wealth in general and scandal to the Justice thereof in case these things should not be restrained and the offenders to be punished For preventing therefore of the like mischiefs and preservation of the peace of the Country it was then ordered by the Lords in Parliament that the Shireeve of the said County of Lincolne and Justices of peace there should upon complaint made to them therein punctually pursue the Statutes made in 13 H. 4. for suppressing of Riots and Routs and call to their assistance if need required the Trained bands of the said County and the Parliaments forces next adjoyning to be aiding and assisting to the said Participants in guarding and keeping these Sluses and Sewers and in repairing what had been so demolished and in levying the Taxes legally imposed tending to the preservation of so good and beneficial a work to the common wealth And for the setling of this businesse they farther ordered that the Shireeve of the County of Lincolne for the time being should upon request to him made by the said Participants appoint such a Deputy within the limits of the same levell for the sudden aiding and assisting of them when need should require as they from time to time did desire And that this Order should be forthwith published in the several Parish-Churches and Market-Towns of this County Which course being thus taken for restraint of those their tumultuous and riotous practices seven of the Inhabitants of the said Mannour of Epworth brought their actions at Law against the said Participants for recovering of what had been so formerly setled by the before specified Decree with their own consents Whereupon the said Participants exhibiting their Bill in the Exchequer Chamber for establishing their possession against those seven obtained this Order viz. that the Kings Solicitor general should proceed upon the same in that Court with all convenient speed and in the mean time the possessâ—ion of the lands in question to be held in quiet by the Plantiffs as it had been formerly setled by the said Court and enjoyed at any time since the said Decree made and likewise that their sutes at Law should be stayed by the Injunction of the same Court untill the hearing of the cause or that the Court gave farther order therein Upon which Injunction the Shireeve had a Writ of assistance and came with near a hundred persons to quiet the possession and set up the Banks of those 4000 Acres first laid waste But one Daniell Noddel Solicitor for the before-mentioned Inhabitants hearing of the said Shireeve's coming got together about four hundred men and forced him with all his assistants to flie and having so done demolished what he the said Shireeve had before caused to be set up The Participants therefore being thus forcibly kept out of possession brought their Bill to hearing which the said Noddel discerning he drew in to his aid Lieutenant Colonell Iohn Lilburne a person of a most turbulent Spirit and who since dyed a Quaker and Major Iohn Wildeman and whilst the cause was hearing joyned with the said Inhabitants in a farther Riot on the remaining 3400 Acres which till then had been kept up impounding the Tenants Cattel and refusing to admit of Replevins and so forced them to what rates
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
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
betwixt the Crosse at Wolmerstye and Tyd bridge In 4 E. 3. to the said Iohn de la Gutere William de Ros of Hamlake Iohn de Multon Parson of Skirbek and Will. de Farford for those betwixt Wrangel haven and Boston and in 5 E. 3. to Robert de Malbethorpe Geffrey de Edenham Will. de la Lound and William de Poynton for those upon the Sea coast betwixt Kesteven and Holand In 7 E. 3. the King directing his Precept unto Geffrey le Scrope and his fellow Justices of the Pleas before himself to be holden signified unto them that whereas by an Inquisition then lately taken before Robert de Malberthorpe and his associates Commissioners for the view of the Banks Ditches Gutters Sewers Bridges Causeys and Floud-gates in the parts of Kestevene and Holand it was found that the Prior of the Chapel of S. Saviours ought to repair and maintain the Causey called Holand brigg and thirty Bridges upon the same according to certain boundaries and limits and that they the said Justices at the sute of him the said Prior affirming that he ought not to be charged with the said repairs the said King caused the Record Process of the said Inquisition to be brought before him And that afterwards by the Petition of the said Prior exhibited to him the said King and his Council in the Parliament held at Yorke setting forth that upon their giving Judgement afterwards in that businesse there hapning a manifest error therein to the no little damage of the said Prior he the said King caused the Record and Processe thereof to be brought before him and that upon perusing the same it clearly appeared that one Godwine a rich Citizen of Lincolne founder of that house of S. Saviours gave the site of that Monastery and certain other lands to the Canons of Sempryngham there residing to the intent that the profits thereof should be expended to the glory of S. Saviour and the brethren there serving God and the surplusage imployed in the repair of the before-specified bridge And that upon their giving judgement therein as aforesaid there was an errour because by the Charter of Foundation before-mentioned the maintenance of the said Prior and his brethren was first provided for and the surplusage only assigned for the repair of the said Causey but by that their judgement they had put the maintenance of the said Prior and his brethren in the last place which ought to have been in the first The King therefore for the rectifying thereof commanded the said Geffrey le Scrope and his fellow Justices to look upon the Record before expressed and cause it to be amended and to inform him both of the value of the lands so given to that Monastery by the said Founder and of some way whereby the repair of that Causey might be ascertained and lastly to supersede the distraining of the said Prior for that respect whilst the businesse was thus undetermined In 11 E. 3. Sir Richard de Roos Knight Will. de la Launde Will. de Poynton Laurence de Leeke Thoma Levelaunce and Will. de Thorpe were constituted Commissioners for the view and repair of those Banks and Sewers betwixt the Crosse of Wolmersty and the bridge at Tid And in 13 E. 3. Roger de Cobledyk Roger the Parson of Framton Lambert de Hiptoft and Iohn de Polincroft for those in the Wapentake of Kirketon Mâ—morandum that in the year of our Lord MCCCxlij 16 E. 3. the Abbot of Swinâ—sheved and Sir Nicholas de Ry Knight did implead the Abbot of Peterborough for CCCxl acres of marsh with the appurtâ—nances in Gosberchirche viz. the Abbot of Swinesheved for CC. and Sir Nicholas for Cxl. by two Writs And the first day of the Assises at Lincolne was on Wednesday bâ—ing the morrow after the Feast of S. Peter ad vincula at which time there camâ— thither Gilbert de Stanford then Celerer to the Covent Iohn de Achirche Bayliff of the said Abbots Mannours together with Sir Iohn de Wilughby Lord of Eresby Sir Iohn de Kirketon and Sir Saier de Rocheford Knights Iohn de Multon Parson of Skirbek as also divers others of the said Abbots Counsel And because the defence of this sute seemed difficult and costly to the Abbot in regard that his advâ—rsaries had privately and subtilly made the whole Country against him especially the Wapentake of Kirketon he submitted to an amicable Treaty of peace on the day preceding the Assise the place of their meeting being in the Chapter-house of Lincolne At which Treaty in the presence of Sir Nicholas de Cantilupe who was the principal Mediator betwixt them as a friend to both sides and other Knights and friends above-specified the said Abbot of Swynesheved and Nicholas de Ry did set forth their claim in that Marsh affirming that it did belong to them of right by the Custome of the Country because that it was increased and grown to their own antient Marshes by addition of sand which the Sea had by it's flowings cast up insomuch as by that means coming to be firm land they said that they ought to enjoy it as far as Saltenee and in regard that the said Abbot of Peterborough had possessed himself thereof contrary to right and against the said Custome they had brought the Assise of Novell disseisin in form aforesaid Whereunto the Counsel for the Abbot of Peterborough answered that the Custome of this province of Holand so stated by the Plantiffs ought thus to be understood and qualified viz. that when by such addition of any silt or sand there should happen an increase of land and by the Seas leaving thereof become firm ground it ought to belong unto him to whose firm and solid ground it first joyned it self without any respect whether it grew directly to it or at one side And they farther said that the before-specified Marsh did originally joyn it self to the antient Marsh of the said Abbot of Peterborough whereof that Monastery had been seized time beyond memory as it appeareth by Domesday book where it is recorded that the Abbot of Peterborough had xvi Salt pans in Donington Moreover in the Charter of King Richard the first there were confirmed to the said Abbot three Caâ—ucates of land with the Salt pans and Pastures and all their appurtenances in Holand So that the said soil increasing by little and little ought not to belong unto the Abbot of Swinesheved and Sir Nicholas according to the Custome of the Countrey because that a certain part of Salten Ee which was not then dry land did lye betwixt the old Marsh belonging to the said Abbot of Swinesheved and Sir Nicholas and the Marsh whereof they pretended so to be disseised Which part of Salten Ee could not at all be drayned because that the fresh waters had used to run through that place from the parts of Kesteven to the Sea untill Geffrey Abbot of Peterborough Predecessor to the then
the next Parliament which was in the xv of Easter in the xvijth year of the said King Edward the third's reign to which Parliament the parties abovesaid came and after divers arguments in the presence of Sir Nicholas de Cantilupe Sir Iohn de Wilughby and others the said Sir Nicholas de Ry did release all his right as abovesaid VVhich release beareth date at Peterborough upon the xvijth of May in the year abovesaid In the same year Thomas de Lucy Sayer de Rochford Thomas de Sibthorpe Iohn parson of the Church of Benington and Laurence de Leeke were appointed to view the Banks Ditches and Sewers within the VVapentake of Skyrbek and to take order for their repair But notwithstanding the before-specified agreement made by the said Abbot of Peterborough with the Prior of Spalding and Sir Nicholas de Rye he was not yet at quiet for that land touching which there had been so much dispute betwixt them For about six years after there was a presentment exhibited into the Kings Bench by divers VVapentakes in this County against the said Abbot of Peterborough for purchasing CCC acres of waste ground in Gosbercherche without License from the King VVhereunto the Abbot pleaded that this Land was not purchased by him but gained from the Sea it being the Custome of the Country and so had been time out of mind that all and singular Lords possessing any Mannours or Lands upon the Sea coast had usually silt and sand more or lesse cast up to their land by the tides and that this land so supposed to be purchased was acquired in that sort All which being proved by the said Abbot the Jurors gave up their verdict accordingly Neverthelesse the said Abbot could not yet be quiet as appears by several other pleadings therein afterwards so that final sentence was not given therein till Easter Term in 41 E. 3. In 23 E. 3. William de Thorpe Philip le Despenser Nich. de Rye Saier de Rochford and others were constituted Commissioners for the view and repair of the Banks and Sewers in this Province And in the same year there were several presentments exhibited against the Abbot of Crouland by the Jurors of divers VVapentakes for stopping of certain Sewers and common high-ways within the Fens So likewise against the Prior of S. Saviours for the not repairing of Brigedyke In 25 E. 3. Saier de Râ—cheford Laurence de Leeke Iohn Mosse Roger de Meres and Will. Baiard were appointed to view the Sea-banks and Ditches of Skirbek and Kirketon Several other Commissions to the like purpose were issued our shortly afterwards viz. in 26 E. 3. to Sir Thomas de Lucy Knight Iohn de Litleburs Roger de Meres and Iohn Rybrede of Spaldâ—ng for the view and repair of all those in the VVapentake of Ellowe which were then in great decay So also to Saier de Rocheford Laurence de Lecke Iohn Mosse and Iohn Claymond for those in the VVapentake of Skirbek The like in 27 E. 3. to Will. de Huntingfeld and the rest last mentioned In 28 E. 3. to Iohn Cleymond Roger de Meres Robert de Spaigne and William de Spaigne for those on the South side of Wythum from the Town of Skirbeâ— to a place called the Shuft In 30 E. 3. to Henry Grene Saier de Rocheford Roger del Mâ—re Will. de Surflete and Iohn de Nessefeld for those betwixt the Towns of S. Saviours and Donyngton In 33 E. 3. to Will. de Huntingfeld Will. de Thorpe Will. de Notton and others for those in the VVapentake of Kirketon And in 34 E. 3. to Sir Nicholas de Rye Knight Iohn Claymond Roger de Meres and others for those within the Towns of Flete and Holbeche By a pleading in 35 E. 3. touching an Inquisition taken about two years before in the presence of Sir Will. de Huntingfeld and others Justices of Sewers for the Wapentake of Kirketon at the prosecution of the Inhabitants of Gosberkirke and Surflete in which Inquisition certain errors were said to be it appeareth that the Jurors then sound that there was a Gutter called Wistard gote in Sotterton then in decay which ought to be repaired by the said Town of Sotterton Also that Wigtoft gote ought to be repaired by the Towns of Wygtoft and Swyneshevâ—d That the Town of Swinesheved ought to repair Swineshed Ee from the North side of Swinesheved unto Byker Ee. That the Towns of Biker Donington Quadring and Gosberkirk ought to repair Biker Ee from the beginning of Biker to the Sea and to make it xxiiij foot in bredth and six foot in depth viz. the Town of Biker from the beginning of Biker to Bonstake and from thence the Town of Donington to Quadriug and from thence Quadring and the Commoners thereof to Gosbâ—rkirke and Gosberkirke to the Sea And that it ought to run all the year They also then presented that the Gutter of Quadring called Angot was broken and that it was necessary that it should be removed neerer to the Sea by an hundred pâ—rches as also that the Ditches wherein the Salt water came should be stopped and that the sides thereof on each part should be raised â—our foot in height which repairs to be always done by those whose lands were drayned thereby And moreover that the Gote called Sangote in Gosberkirke was ruinous and that it ought to be repaired by the Tenants of seven Carucates of land in Surflete and of five Carucates in Gosberkirke according to equal proportions And that the Newgote of Surflete ought to be repaired and made two foot in depth by the said Town of Surflete unto Totisbrige And that the Town of Gosberkirke ought to maintain the Gutter called the Thurgote because that at that time the said Town and Surflete were almost drowned by an arm of the Sea which grew by reason of the said Gutter and Salten Ee. In which Inquisition it appeareth how the said Gutter might be removed to the best advantage for the safeguard of those places and through whose lands it ought to run and of the value thereof And that it ought to be repaired by the Town of Gosberkirke betwixt Alvelode and Surflete As also how Crosse gote ought to be repaired and removed And the said Jurors then presented that the Sea-banks and others belonging to Surflete Gosberkirke and Quadring were too weak and low and that they knew not who ought to repair them Whereupon the Shireeve had command to summon those Towns to appear Who accordingly making their appearance said that they could not deny but that they ought of right to repair them and therefore they were amerc'd and distrained thereto And the Town of Sotterton with all the rest were likewise amerc'd because they came in by great distresse In the same 35 year of King Edward 3. Roger la Warre Will. de Thorpe Robert de Thorpe and others were assigned to
view and repair the Banks and Ditches throughout this whole Province of Holand In 37 E. 3. Will. de Huntingfeld Roger de Cobeldyk Matthew de Leeke and others had the like assignation for those in the VVapentake of Skirbok So also had the said William with Godefrey Fuljaumbe and others for those in the VVapentake of Kirketon And in 39 E. 3. Godefrey Fuljaumbe Simon Symeon Roger de Meres and others for those from Waynflete to Tydgote Upon a pleading in the same year the Town of Pinchebek was acquitted by the verdict of a Jury from the repair of the Marsh-bank called Ee dyke extending from Pinchebec by Escote to Donneshirne but the same Jury then found that the said Town of Pinchebek ought to repair that Bank from Donneshirne to Goderamscote And that the Abbot of Brunne and Town of Brunne ought to repair it from Goderamscote to Ectcote and that the said part thereof was then ruinous In 41 E. 3. was that memorable verdict touching the Custome of the Country that the Lords of Mannours adjoyning to the Sea should enjoy the land which is raised by silt and sand which the Tides do cast up VVhich verdict was in the behalf of the Abbot of Peterborough in respect of the Lordship of Gosberkirke whereof I have already taken notice In 43 E. 3. Iohn Duke of Lancaster Godefrey Fuljaumbe Thomas de Mapelton Parson of the Church of Frampton and others had Commission to view and repair the Banks Ditches c. throughout this whole Province of Holand and to proceed therein according to the Law and Custome of this Realm The like Commission and to proceed accordingly had Raphe Lord Basset of Drayton Roger de Kirketon Richard de Waterton Rich. Poutrell and others for all those betwixt Kelfeld and Bykersdyke So also in 48 E. 3. had Sir William de Huntingfeld Sir Iohn de Rocheford with Sir Iohn Crecy Knights and others for all those throughout the whole Province Upon a pleading in 49 E. 3. the Towns of Hokyngton and Gerwick could not gainsay but that they ought to repair and clense the one half of Gerwike hee on the North side unto the Cowstalls of the Abbot of Swinesheved called Herewik therefore command was given to the Shireeve to distrain them At the same time it was likewise found that the Towns of Wiberton Frampton and Kirkton and the West of Boston ought to repair and maintain the Edâ—kes from the Schust to Deynboth As also that the Towns of Swynesheved and Wyktofte ought to scour the Sewer called Swineshed hee from Candelby hill to Biker hee And that the Town of Tofte ought not to repair the Sewer called Hil dyke but that Iohn Duke of Lancaster and the Earl of Lincolne ought to clense it in consideration whereof they receive of every man that keepeth fire in his house within the VVapentake of Skirbek ii d. upon the Feast day of S. Martin And it was then also found that the Towns of Boston and Sbirbek ought to clense a certain Sewer from Hil dyke to Wythom stream in consideration whereof they had common in the marsh of Bolingbroke And that the Town of Flete could not deny but they ought to repair the Road-way in Flete called Spittle lake and also the bank called South hee in Flete which was then too low The next year following upon the like pleading the Inhabitants of Surflete acknowledged that they ought to repair a bridge in Surflete neer the house of Thomas Dod and clense the River of Burne every fourth year from Newesende in Pinchebec marsh which ought to be repaired by the Town of Pynchebec unto Surflet and from Surflet to the Sea according to a Decree made by the Justices of Sewers for those parts And the same year it was found by the Jurors upon a pleading also that the Inhabitants of the eight Hundreds of Holand ought to clense and repair the Ditch called the Old Ee betwixt the Marsh of Holand and the Marsh of Hekington on the West side of Babberboth and Hoggeboth of West crofte And moreover that they ought to repair and clense the Ditch from Babberboth in Hekington unto the Distrithe in Swynesheved marsh on each side And from the Ditch which is supposed by the presentment to be from Hoggesbothe of Westcrofte to the water of Wythome they said that the Inhabitants of those eight Hundreds ought not to repair and clense the same because there was no such Ditch there as the same presâ—ntment mentioned In 51 E. 3. Iohn King of Castile and Leon c. Roger de Kirketon Thomas de Hungerford and others were constituted Commissiones for the view and repair of the Banks Ditches and Sewers throughout this whole Province of Holand After this I have not seen any more Commissions of this kind for this Province till 6 H. 5. that Thomas Lord de la Warre Sir Robert Hagbeche Knight Nich. Dixon Clerk Iohn Belle of Boston with some others were appointed to view them and take order for their repair with direction to proceed therein according to the Law and Custome of this Realm The like Commission in 2 H. 6. had the said Thomas Lord de la Ware Robert Lord Wylughby Sir Raphe Cromwell and Sir Robert Roos Knights William Copuldyk Iohn Henege and others with the same directions as also power to take so many diggers and other labourers upon competent wagesâ— to assist therein as they should think râ—quisite in regard of the great necessity for expedition in the said work So also in 6 H. 6. had the Bishop of Lincolne Sir Thomas Roos Sir Robert Wylughby Sir Raphe Cromwell Sir Reginald West Sir Raphe Rochford and Sir Robert Roos Knights Nich. Dixon Clerk and others with authority to make Statutes and Ordinances proper for the safeguard of the Sea-coasts and Marshes according to the Laws and Customes of Romeney marsh And to determine all things therein according to the Custome of the said Romeney marsh As also to take such and so many Labourers upon great competent wages in respect of the necessity of expedition in the work as they should think fit to imploy therein In 10 H. 6. Iohn Hals Sir Henry Rocheford Knight Walt. Tailboys Esquire Richard Pynchebek Richard Benyngton and others were constituted Commissioners to view all the banks and Sewers of Crouland Spalding Weston and Multon and take order for their repair with the like power to make Laws and Ordinances as abovesaid And in 30 H. 6. Richard de Benyngton Thomas Kyme George Hetone and others had the like Commission for those banks and Sewers within the precints of the Lordship of Framptone viz. from Forsdyke unto the Rode neer Boston In 34 H. 6. there was a Session of Sewers held at Spaldyng upon the Wednesday before Palme-Sunday before Richard Benyngton and his fellow Justices where the Jurors presented that the Prior
of Spaldyng ought and had used to repair and maintain a certain common Sewer called the Priors Ee in Sutton within this province from a certain place called Tydde graynes in Tydde S. Maries to Outbroken in Sutton aforesaid and so going into Priors fall together with certain bridges upon the same Sewer viz. one overthwart the Priors Lathes another called Crosse gate brigge and another called Randolf brigge which were then in decay to the great damage of the said Town of Sutton and the whole Country And that the said Sewer ought and had used to be repaired with the bridges before-specified by the pedecessors of the then Prior and by the same Prior by reason of his lands in Sutton aforesaid Whereupon the Shireeve having command to summon the said Prior to anâ—wer this chardge he appeared by Thomas Spenser his Attorney and denyed that he ought to perform those repairs alleging that the said Prior and his Predecessors had been seized time out of mind of the Mannour of Gannok in Sutton aforesaid as in right of their Monastery of Spaldyng whereof the said Sewer so supposed to be a common Sewer was parcell And farther said that the same Sewer had been made from the time aforesaid by the Predecessors of the then Prior in their own proper soil and within the precinct of that Mannour for drayning and avoiding away of the waters within the same for their own and their Tenants advantage and that no mans Land else ought to be drayned thereby And farther affirmed that it was no common Sewer as also that the said Prior and his Predecessors neither ought nor had used to repair the before-specified Bridges as in the said presentment was set forth Whereupon a Jury being summoned and sworn they said upon their Oaths that the said Sewer was a private Sewer made by the Predecessors of the then Abbot for the drayning of the waters out of the said Mannour of Gannock for their own and their Tenants sole benefit and that it was never any common Sewer In 1 E. 4. Richard de Welby Richard Pynchebec Iohn Pynchebek Leonard Thorneburgh and Richard Fendyk were constituted Commissioners for the view and repair of the Banks Ditches and Sewers from Skegnes Dodyngtone-Pygot to Tydde gote and to proceed therein according to the Laws and Customs of this Realm and of Romeney marsh Howbeit from this time until the xiijth year of the late Queen Elizabeths reign I have not seen any thing else considerable in reference to the Banks and Sewers of this province but then viz. on the xxith of September Sir Henry Clinton Knight Anthony Thorold Robert Carre Leonard Irby Iohn Bushey Esquires and others at that time Commissioners sitting at Boston and by Inquisition taken before them upon Oath finding that the Sewer called called Merlode could not without an excessive chardge convey away the water falling thereinto nor have any fit place at the out-fall thereof whereon to erect a sufficient Gote decreed that it should be scoured and made xvi foot wide and six foot deep from the in-fall out of the Fen unto a certain place called Elwood Elmes by the Townships of Quadring and Donington next adjoyning before Martinmasse in An. 1572. And that from Elwood Elmes it should be turned and made of the like bredth and depth at all times thenceforth by the Inhabitants of of the said Town of Quadring to Gosbertown Ee through divers grounds in the said Decree mentioned And at the falling thereof into the said Ee that there should be a substantial stone-bridge made and erected for the publick Road way there at the chardges of Quadryng and Donyngton aforesaid and likewise a Dâ—m at their like chardges at Partye bridge And moreover that the said Inhabitants of Quadring and Donington should for ever hereafter enjoy for the Commodity of their said water-course of Merlode the same drain called Gosberkirk Ee under the Sea dyke from the in-fall of Merlode thereinto and from the said Dam to be made towards the Sea unto the Gote which thenceforth should be appointed to be made for them and their said Drayn of Merlode by all the limits thereof after also to be expressed unto the out-fall of that their Drayn into the Sea at their private Drayn In consideration whereof they decreed that the said Townships of Quadring and Donington should make a another sufficient Drayn in Gosberkirke Ee aforesaid to stop and turn the Watercourse of Rysegate out of and from the old course thereof towards the Sea-dyke aforesaid at a place in Gosberkirk neer unto Challan bridge where they decreed that a bridge should be made and set up at the chardge of the said Townships of Quadring and Donington And that then the said Townships should scour a new Drayn from thence of the like bredth and depth by the limits after to be specified which shall be called the New Ee of Surâ—let and Gosberkirk the accomplishing of these directions being most beneficial for the receipt and speedy conveyance of the waters both of Kesteven and Holand from the said old course in Rysegate Ee by the same New Ee in form before recited And by a Decree of Sewers made at Helpringham 22 Iune xvi Eliz. it appearing that the New gote set in the Sea-dyke of Surflet at the chardge of the Inhabitants of Donyngton and Quadring by virtue of the Decree made at Boston 21 Sept. 13 Eliz. above-mentioned did of a sudden after three weeks setling thereof sink into a Quick-sand It was ordered that the same should be made again more substantially and set upon a better and firmer Foundation In which year also Richard Bertye Esquire Rob. Wingfeld the elder Edmund Hall William Fitz William Esquire and others being Commissioners and sitting at Burne the fifth of Iuly ordained That the Sewer called Repingale South dyke should be dyked from Berhom-pooles to Irelode and thence to the Beche in bredth xij foot at the least and depth six by the Township of Pinchebeck before Michaelmasse following upon pain of every rode not done 3s. 4d. Likewise that Irelode drain should be sufficiently dyked and banked by the Townships of Dowsbye and Repingale for their limits and from thence to the Beche by such Townships as by the Laws made at Sempringham mense Sept. 8 Eliz. was appointed upon the like penalty Moreover that upon the Sewer called Newdike two new bridges should be erected at Rusgate Ee mouth by the inhabitants of Gosberkirke and Surflete in their limits one in Quadring up-fen against the common way coming from Westrop and one other within the limits of Byker in Hekendale-Wathe over to Hekendale Hills of such height as Boats might well passe under and to be done by the Inhabitants of Quadring and Byker before All-hallow tide then next ensuing upon pain of an Cs. for every bridge not finished As also that one bridge over the said Sewer at Kyrton Fen another at Frampton Fen and another at Lichfeld end should
on one side the great River of the same Town i viz. upon the Southwest part was one and the same and that all the Land-holders on that side thereof were equally preserved and that the safeguard thereof likewise on the other side to the North-east was also all one And that the Causey called Old fen diche was made and repaired by the Parishioners and Tenants of S. Mary S. Peters and S. Germans of Wigenhale and not by the Parishioners of S. Mary Magdalens And it was likewise found that aswell the said Causey of Old fen diche as all other Causeys and Banks of the whole Town of Wigenhale of what kind soever as the Lands and Tenements of all and singular the Tenants of the said Town were preserved by the said banks from inundation and drowning by the Salt waters and that the repair of those Banks tended to the Commodity of the said Tenants of all that Town forasmuch as whilst the said Banks and Ditches were repaired the making and maintaining of those Causeys was no chardge at all And moreover it appeared that by the view of the said Thomas and his associates and by that Inquisition that those Banks which were good at the time of the Agistment made by the before-specified Will. de Carleton were then bad and that many places which were at that time better than ordinary were then by reason of the ebbing and flowing of the Sea much worse Whereupon the said Thomas and his associates thought fit to make a new Agistment for the common safeguard of the said Town of Wigenhale and therefore ordered that the Land-holders there should make good their Banks and Ditches on that side of the said River After this in another Session of the said Thomas de Ingaldesthorpe and William Bataile held at Tirington upon Monday next after the Feast of S. Valentine in the seventeeth year of the said King Edward 2. the Jurors of Wigenhale did ordain and say that it was necessary for the safeguard of the Inhabitants and Land-holders of that Town as often as any distresses should be made upon any persons for the proportion assessed upon them according to what they held or upon the Collectors or Receivers of the moneys so assessed that after the impounding of them by the space of three days or delivery by Replevin they should be prized by honest and lawfull men of the said Town in the presence of the Guardians of the Banks and by the said Guardians exposed to sale and the money received upon such sale â—o be imployed upon the affairs of the Commonalty And that the surplusage of such money over and above the just proportion thus assessed to be restored to the party so distrained Saving to the Guardians of those Banks and their Bedels Bylaw Byscot Triscot and Wopenys according to the Custome of those parts But as the expence in such a constant support of these Banks Ditches Bridges Sluses and Sewers within this Province was great considering the frequent assaults which the Sea in tempestuous seasons did make upon the one side thereof and the fresh waters of so spacious a Fen agitated by boysterous winds and storms especially in the time of extraordinary flouds on the other so for those respects was the regard not small For whereas the whole Hundred of Frethebrigge in this Shire considering the chardges whereunto it lay subject in supporting works of this kind by reason of the like perils had time out of mind in all publick payments whatsoever relating to the whole County enjoyed the exemption from any more than a xij part thereof the Towns of this Province viz. Walsokne Westwalton Walpole Tiringtone Tilney Wigenhale and South Lenne were rated but at a third part of that xij as is evident from the â—aid Kings Precept bearing date 16 March in the xviij year of his reign directed to Constantine de Mortimer William Bernak Roger de Kerdestone and Geffrey de Wyche then Commissioners for the levying and arraying a thousand fourty Foot-Souldiers within this County for his service By which Precept it appears that the certain chardge whereunto this Province stood then exposed was no lesse than a thousand and fifâ—y pounds per annum a vast summe in those days and that within the compasse of xl years before through the raging of the Sea no lesse than seven hundred Acres of land in this Country were utterly lost In 2 E. 3. Thomas de Reppes Richard de Depham and Thomas Shilling were constituted Commissioners for the view and repair of the Banks Ditches and Sewers lying betwixt Wygenhale Tirington and Lenne Episcopi Whereupon the Shireeve had command to summon a Jury to attend them at Islington upon Monday being the Feast day of the Decollation of S. Iohn Baptist Who appearing accordingly presented upon their Oaths that all the Lands and Tenements Common of Pasture and Fishings Gutters Sewers Bridges c. lying on the Sea-coast betwixt Wigenhale Tirington and Lenne Episcopi were within the Towns of Tylney and Islington which is a Hamlet of Tilney and did common together and betwixt which there was no metes or bounds the Parishes being limited by Fees so that they said that the defence of the whole Town of Tiâ—ney and Islington aswell on the South side of Fendiche as on the North towards the Sea was all one And that all the Land-holders of that whole Town were equally secured and defended by all the Sea banks and banks of the River and Fen invironing the said Town of Tilney and Islington And likewise that of necessity there ought to be a new Agistment made and an assignation of banks in the parts aforesaid And moreover that it would be necessary for the preservation of those parts that there should be kays anâ— six shores made betwixt Palmerys old 〈◊〉 gong and the Lands of Sir Iohn de Iâ—â—aldesthorpe at the charge of all the Landholders in those parts And tâ—at every Inhabitant in those parts should do Men werkes according to the number of Acres which they held And that from year to year according to anâ—ient custom there should be câ—osen three Guardians for the safeguard of those parts And that all the Gutters and Sewers should be maintained in common at the charge of all the Landholders there excepting Islington brigge and the house of Robert de Middilton which is done at the charges of Iohn de Engaldesthorpe and the heirs of Sir Robert de Scales and excepting Black diche brigge at Tilney Stow towards the Fen which is done at the charges of the Inhabitants of Walsokne and Emneth But the men of Ilsington who held Lands in the fields called Westfeld Harpe and Sibille were much unsatisfied with what was done by the before specified Commissioners and thereupon informed the King that though they ought not to repair a certain bank called Lesse diche of Tilney or any part of the same nor ever had wont to do and that they neither had Lands
common of Pasture or fishing neer the same bank nor any safeguard or defence thereby but that for their Lands and Tenemâ—nâ— they thâ—n did and of antient time had repaired a certain bank called Blake diche by which they had benefit and preservation Nevertheless at the prâ—sâ—cution of the Inhabitants of Tilney wâ—o ought and had alwaies used to repair and maintain totally the banks câ—â—led Hâ—ddich under colour of an Inquisitioâ— touching certain things which were amiss in those parts taken â—efore them the said Commissioners they did adjudge a certain part of that bank to be repaired and maintained by the saiâ— men of Ilsingtone whereupon they were distrained so to do The said King tâ—erefore being desirous that all parties should have right done to them therein required the before specified Commissioners to transmit the whole proâ—ess of their doings therein unto him in the xv of St. Iohn Bapt. then next following At which day both the men of Islington and Tilney came but the hearing thereof was then respited till the Octaves of St. Michael and at that time did Thomas atte Lache one of the Inhabitants of Tilney appear accordingly but they of Ilsington appeared not therefore the men of Tilney had execution of what had been decreed by the before mentioned Commissioners At the same time there was complaint made to the King on the behalf of the Abbot of St. Edmundsbury that whereas he the said Abbot held certain Lands in Tilney and Ilsyngton which had antiently belonged to that Monastery and notwithstanding that every Landholder there and in the parts adjacent ought to defend their own proper grounds at their own peculiar charge against the force of the Sea and make and repair certain banks for their better preservation by the appointment of the Justices of Sewers and likewise by custom nevertheless certain men of those parts having an aim to alter that their custom and to compell the said Abbot and câ—rtain others who to their great charge did make and maintain the banks against their own Lands to contribute likewise in common to the repair of all the other banks had procured certain Justices of Sewers to view those banks which they did accordinglyâ— not giving notice to those complaynants the said King therefore by his Writ directed to Henry le Scrope and his fellow Justices of the Kings Bench required them to take the business into consideration and in case they should finde that the before specified information was true then to discharge the said Abbot and the other persons concerned therein In 5 E. 3. Iohn de Cantebrig Will. Lovell Walt. de Glemesford and Iohn de Waltham were assigned to view the banks and ditches in these parts of Mersh land and to take order for their repair The like appointment in 7 E. 3. had Simon de Drayton Will. Lovell Will. de Dunton and Peter Fitz waryn In 9 E. 3. at a Session of Sewers held at the Church of Wigenhale St. Mary upon the Monday next after the Clause of Easter before Iohn Howard the elder and other Justices the Jurors presented that the safeguard of the whole Town of Tilney and Islington was one and the same and that all the Lands and Tenements and the holders of them as also of common of Pasture and fiâ—hing there were equally secured and defended by the Banks Ditches and Sewâ—rs belonging thereto from the inundation of the Sea and flowing of the fresh waters And they said that in the dayes of K. Edward the first there was an equal assignation made to the Inhaitants and Tenants of these Towns according to each mans proportion of the banks ditches and causeys belonging thereto by Will. de Carleton and his associats then Justices of Sewers at which time the charges were easy but then through the raging of the Sea and flouds of fresh waters very heavy and grievous to bear As also that the said charge was then so unequally assessed that some persons were burthened more by an hundred fold considering their proportions of Land than others whereby they were so impoverish'd that they were not then able to contribute any farther to these repairs and that by their decay much damage had already accrued there and more was likely to happen if speedy remedy were not had Wherefore they said that of necessity there ought to be a new Agistment made of the said banks and ditches and an assignation of a fit proportion to each man for the maintaining whereof they might be continually compell'd And they said moreover that the ground whereupon the Ditches and Banks stood betwixt Edyensgole and the East corner of the Tenement of Iohn de Engaldesthorpe in the Freth within the said Towns of Tilney and Ilsington was daily torn up by the boysterous Sea tides and flouds of fresh waters insomuch as the said banks could not be preserved in any sort by that Agistment to defend the said Town from drowning therefore they said that for safeguard of that Town there must of necessity be made certain Kays and four or six Schrops betwixt Edyensgole and the said corner at the charge of all the Landholders throughout the whole Town And they ordained that whereas by reason of the like danger in another place between Knight's gole and the gutter called Cattesback dole the Sea banks would not be sufficient to defend the Town from drowning there should be made forthwith certain Kays and Schrops at the charge of the whole Town and and that no bank should be thrown down towards the River betwixt those Goles in any place but where they then were untill by assessment they could be maintained at less charges And that the whole bank and chanel of the river betwixt the said gutters be made and if need required raised two foot higher so that it should contain xiii foot in bredth at the top and at the bottom a thickness proportionable thereto And they also said that the banks upon the river side betwixt Skalys gole and Cattesbak were grown so narrow towards the bottom by reason of the often sinking down of the Earth that the Cart way which is of xxiiii foot in bredth towards the said banks and ditches for the whole length thereof was by those banks and ditches totally interrupted and stopt whereupon they ordained as before that time it had been that xxiiii foot of ground should be added thereto from the Land next adjoyning And they farther said it was necessary that all the Sewers and Gutters great and small as also the common Bridges in Tilney and Islington with the gutters of Sibley and at the Mill sometime belonging to William de Fen upon the Fen ditch in Tilney should be continually repaired at the charges of the whole Town as often as need should require with the help of the Town of Tirington and for scouring the Sewers of Wesenhamdale in Tilney to the gutter called Scales gole and to make and maintain the same gutter continually which said assistance did
had promoted a Bill in the Parliament then sitting wherein it was alleged that the course of the said River ought not to be made narrower under pretence that if it should not only the Port of the said Town of Lenne would be destroyed but the Counties of Cambridge Huntendon Northampton Bedford Buckingham Leycester UUarwick Derby and Suffolk would sustain much damage thereby and that the said Bill was maliciously made and without reason as it might be justly proved in case the said King would condescend that the Justices put in Authority for the preservation of the said Country would do their duty therein and proceed according to the Law and Custome of the Country considering the sudden mischief and destruction which might happen by one hours neglect the whole Country being in danger of irrecoverable drowning desiring that the said Justices might not be superseded but that they might proceed to reduce the same River into it's antient bounds and in such sort as it was before the boysterous flouds had carryed away the before-specified Banks and the Country so surrounded In 37 E. 3. Sir Saier de Rocheford Sir Robert de Causton Sir Hugh Lovet and Sir Raphe Rocheford Knights Thomas atte Lathe and others were appointed to view and repair the Banks Ditches and Sewers betwixt the Rivers of Wellestreme Wysebeche Welle and Wigenhale in this Province of Mershland with direction to proceed therein according to the Law and Custome of this Realm The like Commission had Rob. de Ufford Earl of Suffolk Robert de Thorpe and Iohn Knyvet for those Banks c. betwixt Lenne and Wygenhale So also in 51 E. 3. had Robert Howard Iohn Colevyle Raphe de Rocheford and others for all the Banks c. throughout this whole Province And in 1 R. 2. Roger Scales Robert Howard Iohn Colevill Raphe de Rocheford Reginald Hakebeche William de Petworth Clerk Hugh de Gandeby Clerk Iohn de Rochefort Iohn Mareschall and William Newehous It seems that there was nothing done upon that Petition exhibited to King Edward the third by the Inhabitants of Wygenhale and the other Towns therein mentioned for reducing the River into its antient bounds for I find that in 2 R. 2. they presented another to the then King importing the same in effect as the other did adding that the said water by reason of its extraordinary bredth after the Banks on the one side thereof were worn away had so great a power upon the Bank on the other side that all the Towns in those parts were frequently overflowed and the chardge in maintaining of the said Bank grown so great that they were not able longer to support it so that their Country was in much danger to be totally destroyed in case some fit remedie were not speedily used The said King therefore by the advice and assent of his Prelates and Nobles then assembled in Parliament constituted William de Ufford Earl of Suffolk Robert de Wilughby William de Wychingham and Iohn de Hawe his Justices to take view of those Banks and to enquire what remedy might be had therein whether by reducing the said stream into a narrower compasse or otherwise and if by making the course thereof narrower thenin what place to make new Banks for that purpose and in what manner and likewise to enquire through whose default those losses had thus hapned and who did hold any Lands Tenements Common of Pasture or Fishing in those parts or that had safeguard and benefit or losse or might any ways have either by the said stream aswell those that inhabited at a distance as those that lived neer unto it and to distrain them for the repair thereof according to the proportion of their Lands to be new measured by Acres if need were or by Carucates or quantity of Common of Pasture and Fishing By virtue of which Commission the Shireeve was required to impanell a Jury to enquire c. Which he did accordingly and attended the said Justices at Wigenhale on Saturday next after the Feast of the Apostles Peter and Paul where being sworn they presented as followeth viz. that the Banks on each side the before-specified River running up from the main Sea into the Countrey through the midst of the Towns of Clenchwarton Tilney Islington Wigenhall Watlington and Roungeton-Holme and farther even to Pokediche were through the extraordinary raging of the Sea so miserably broken and torn that the greater part of the Lands and Tenements in South Lenne Hardwick UUestwinche Secchithe magna and Secchithe parva was overflowed and destroyed And that there was no other remedy for the safeguard of those Towns and the parts adjacent against the fore-mentioned dangers but only the reducing of the said River within narrower bounds and other means following And they said that such a restraint thereof might well and conveniently be done for the safeguard before-mentioned in a certain place called Larkes hirne in South Lynne in this manner viz. that whereas the same River did in that place then contain in it self xl perches in bredth every perch being reckoned at xvi foot it ought of necessity to be restrained in that place on both sides for the safety of those Towns xxxiiij perches every perch being of the length abovesaid so that the bredth of the Chanel of the same River should be reduced to six perches And thence on the East side of the same River that a new Bank should be made directly to a certain other River called Secchithe and so to the House of the Friers Carmelites of South Lenne which River of Secchithe was then five perches wide as they presented but ought to be reduced to the bredth of one perch accounting the said perch at xvi foot long as aforesaid And they said that if such restraint of that River before-mentioned and a new Bank were not made all the Banks on each side the said stream betwixt the Town of Lynne and Pokediche would be totally ruined and consequently the said Country wholly destroyed And that all such straightning of the said Rivers ought to be made by the Land-holders in Clenchwarton Tylney Islington and Wigenhale and that for the same defence to be performed in form aforesaid they ought every one of them to give their assistance according to what each man held provided always that no Tenant or Commoner upon a certain place called Tylney Smethe and on another place called Marshland fenne should by reason of any Commodity had in either of those places contribute any thing thereto And they likewise said that all the owners of land from Larkyshyrne to the common way which leadeth from the Bridge at Wigenhale S. Germans unto the Bridge at Secchithe magna and from Hardwick house directly Southwards to the said Bridge at Secchithe in length and from Greâ—nediche which joyneth upon Hardwick dam Northwards and Gerys dam Southwards and from UUest Wynchegreene which joyneth upon Gerys dam Northwards in a place where
formerly had been a stone Bridge and thence directly to the Mannour of Coldham and from thence and the Crofts of Secchithe magna and beyond to Secchithe bridge and thence Westwards and in bredth to a certain way which leadeth from Sech gate unto Iones dole fence and thence to Lynne dyke Northwards unto the How dyke and so directly to Larkyshirne aforesaid in the said Town of South Lynne Hardwick Westwinche and Secchithe magna ought to contribute to the making of that defence every man according to the proportion of his Land And they farther said that all persons which had Lands and Tenements in a certain place called Clenchwarton-Marshland within the Town of South Lynne aforesaid and all the Land-holders in Secchithe magna South Lynne Secchithe parva and Watlington in divers places from Secchithe gate Southwards to the Crofts of Secchithe parva and from Secchithe draine Westwards to East wroe dyke at Watlingtone and the Old Ee of Wigenhale as also all the Land-holders in Watlingtone in a certain place called the Cornfen which extendeth it self from the Wroedike Westwards to the River of Wigenhale and from Poâ—dyke Southwards to Gerys dam and thence Southwards in the Newlande to Deylode Drove and from Wigenhaleâ—bedding to the River of Wigenhale Westwards and likewise all the Land-holders in the Towns of Roungeton holme in a certain place called Holme Bight which reacheth from Deyslode drove to Greene yates Southwards ought to contribute to the straightning of the said Rivers and Banks to be made in the before-specified places as aforesaid because they lay within the defence and safeguard and had or might have benefit or losse by the said Rivers and Banks And that all their Tenants likewise ought to make repair and maintain the said new Banks for the restraining of those Rivers within the before-mentioned limits when and as often as need should require And they said that this restriction of the said Rivers by the making of those new Banks in the places before-specified would be a secure lasting and perpetual defence to all the Banks and all the lands lying within the Towns and places aforesaid It was therefore ordained by the said Justices that the said work should be done accordingly In 11 R. 2. Sir Edmund de Thorpe and Sir Philip de Tilney Knights together with Iohn Marshall were appointed to view and repair the Banks c. betwixt Cattesbak and the Fen ende within the Town of Tilney The like Commission in 7 H. 4. had Sir Thomas de Skelton Sir Iohn de Rocheford Sir Pain Tiptoft and Sir Raphe de Shelton Knights Richard Norton Will. Ludington and William Snetesham for all those Banks Ditches and Sewers aswell upon the Sea-coast as otherwise belonging to the Towns of Tiryngtone Walpole Walton Walsokne Enemethe Welle Wigenhale Tylneye and Clenchwarton antiently ordained for the safeguard of those Towns and to proceed therein according to the Law and Custome of this Realm So also in 10 H. 4. had the same Sir Thomas de Skelton with Sir Edmund de Thorpe Sir Iohn Colvyle Sir Raphe Shelton and Sir Iohn Rocheford Knights Richard Norton William Rees William Ludyngton Laurence Trusebut and Richard Gegge for all those Sea-banks lying within the Town of Tyringtone for the safeguard thereof and to proceed therein as abovesaid In the same year the Abbot of Ramsey was impleaded for damages which were sustained by his neglect in repairing his proportion of Pokedike for his lands in Walsokne And in 8 H 5. Iohn Cokain Sir Thomas de Skelton Sir Iohn Colvill Sir Iohn de Rocheford and Sir Henry de Rocheford Knights Robert Tirwhit Richard Norton William Ludyngtone Iohn Benard Thomas Derham Nich Morys William Fulbarne â— and Robert Bird were assigned to view the Banks Ditches and Sewers in Tyrington Walpole Waltone Walsokne Enemethe Welle Wygenale Tilneye and Clenchwarton then broken and in decay and to take order for their repair with direction to do all things therein according to the Law and Custome of this Realm What they did therein I have not seen but soon after viz. in 1 H. 6. the King receiving information that the Banks Sewers c. lying betwixt the waters of Welle and the stream which runneth from thence to Salters lode and Wigenhale in this Province of Marshland were so torn and consumed partly with the violence of the tides and partly by the great flouds of fresh waters passing that way as that very much damage had hapned to the whole Country thereabouts constituted Thomas Duke of Eâ—eter Sir Thomas Erpingham and Sir Henry Rocheforth Knights William Paston Iohn Schuldham Simeon Fyncham Iohn Mannyng and Thomas Dereham Commissioners to view the same and to make such Agistments both for raising of new Banks where need should be and repairing the breaches and decays before-mentioned in such sort as they should deem most expedient for the safeguard and benefit of the Country Which Commission bears date at Swyneshed the xij day of April in the year abovesaid By virtue whereof the Shireeve of Norfolke had command to impanell Jurors and to bring them to Downham hithe upon Thursday next before the Feast of Pentecost then next ensuing Who then and there attending the before-specified Commissioners upon their Oaths presented that the Bank called Pokediche antiently made for safeguard of the Towns in this Province of Marshland and all the Lands and Tenements within the same was then so broken and ruinous that a great proportion of ground was thereby overflowed with the fresh waters to the extraordinary damage of all such persons as were Landholders or that did enjoy Common of Pasture or Fishing there And they said that the before-specified Bank could not be made firm and sufficient by any repair thereof the weaknesse of the ground whereon it stood considered and therefore they ordained and decreed that for the better preservation of all the Towns in Marshland aforesaid and of all the Lands within the compasse thereof that there should be another Wall or Bank made new on the North side of Salterys lode brink by all the Land-holders throughout Marshland and all the Inhabitants and Residents within the Towns thereof and of the Town of Wigenhale And that the said Bank so to be made new should be made and raised upon the North side of the great River which passeth from UUelle to Salterys lode and UUigenhale viz. from the shore of that River by the space of xxiiij foot as also to begin in that place called Salterys lode and to extend it self from thence to the Priory of Mullycourt Westwards And that the height thereof from Salterys lode to North delfe shall be five foot from the levell earth and the thicknesse at the bottom xviij foot and from Northdelf to the said Priory six foot in height from the ground with xviij foot in bredth at the bottom and xij at the top of good measure so that it might sufficiently keep out the water of
those fields as of all others lying within the Precinct of the said Bank called Pokediche to be then newly made that there should be made one new Pipe under the Bank called Kirkfield diche and under the great River there and the said new Bank on the VVest side of the said Priory of Mullycourt And likewise one new Sewer from the said new Pipe through Mullycourt drove to Rightforth lode thence into North hooke and thence into the great River which runneth from Salterys lode to Bishop's Lynne And that all persons having Lands and Tenements in the said fields called Plawfield and Kirkefield should always repair clense and scour the said Pipe and Sewer so to be new made unto Kightforth lode at their own proper costs and charges when and as often as need should require And that all persons and their heirs having lands in the said fields called Budbeche and Sandy field should have one Sewer there for avoiding the fresh waters thence into Blewe diche and from Blâ—we diche unto Rightforth lode And that the same persons so having lands in those fields called Budbeche and Sandyfield should repair and clense the said Sewer unto Blewediche for the future at their own costs and chardges whensoever need should require And that the same persons their heirs and assigns having lands in the said fields called Budbeche and Sandy field as also all the said Inhabitants of those Towns of Upwell and Outwell having common of Pasture within the precinct of the same Bank called Pokediche to be so new made as aforesaid should repair and maintain the said Sewer from Blewe diche to Rightforth lode for the future at their own proper costs and charges as often as need should require And that all persons having Lands in the said fields called Plawfield Kirkfield Budbeche and Sandyfield as also all the Inhabitants of Upwell and Outwell having Common of Pasture and Fishing within the Precinct of the said Bank called Pokediche so to be new made as aforesaid should repair the said Sewer called Rightforth lode unto North hooke at their own proper costs and chardges for the time to come whensoever need should require And they likewise ordained that the Abbot of UUest Dereham and his successors should new make repair and maintain well sufficiently for the time to come one Causey of six foot in bredth Eastwards throughout all that part of his land lying betwixt the old Pokediche on the North part and a certain piece of land belonging to the Abbot of Ramsey and another pertaining to Thomas Duke of Exeter on the South part and abutting on the before-specified great River towards the East And that the said Abbot and his successors should be justified and ordered for the not making and repair of the same Causey according to the Law and Custome antiently used in the Town of UUigenhale And that the said Abbot of Ramsey and his successors should also new make repair and maintain one other Causey of six foot likewise in bredth through another piece of his land lying on the East part towards the said great River And they farther ordained that every person having lands Common of Pasture or Fishing within the land of the said Abbot and Common lode should likewise new make repair and maintain one Causey well and sufficiently viz. each man against his own land towards the said great River And for the performance thereof that they should be compelled by the Steward of Thomas Duke of Exeter for his Mannour of Stow Bardolf his heirs and assigns in the Court of Stow-Bardolf And that all the Tenants and Inhabitants in the Towns of Downham hithe Wimbotesham and Stow Bardolf should new make as also repair and maintain well and sufficiently for the time to come a certain Causey beginning in a place called Common lode and extending it self from thence to Salterys lode All which Ordinances and Agistments so made in form aforesaid the Towns in Marshland before-mentioned as also Welle Wigenhale Dounham hithe Winbotesham and Stow Bardolf did for the time to come agree for themselves their heirs and assigns to observe and hold firmly It was therefore decreed by the before-specified Justices that the Inhabitants of the said Towns which had Laâ—ds Common of Pasture or Fishing within those fields and safeguard of the said Bank called Pokediche to be new made in such sort as aforesaid should for the future be obliged to repair and maintain the same according to the form and effect of the Inquisition Ordinances and Agistments before declared and to be distrained for the time to come for the performance thereof as often and when need should require In witnesse whereof the said Henry Rocheforth and Thomas Dereham did affix their Seals thereunto VVhich Inquisition and Ordinances were exemplified by the said King Henry the sixth under his great Seal upon the xijth day of May in the third year of his reign And in respect that the ground from Salterys lode to North delfe before-specified whereon the said Bank was to be raised was then the proper soyl of the said Thomas Duke of Exeter as part of his Mannour of Stow Bardolf the said Duke in confirmation thereof did by his Deed wherein he likewise stiled himself Comes Dorcestriae Harcuriae Admirallus Angliae bearing date the Monday next aftâ—r the Feast of S. Peter ad vincula in the said first year of the reign of the same King King Henry the sixth grant and confirm for himself and his heirs to Iohn Bishop of Ely Sir Iohn Colvile and Sir Henry Rocheford Knights Richard Peverell Thomas Karvile Thomas Dru Robert Karvile and Edmund Massingham Esquires and all the Inhabitants of Wigenhale Tylney Islington Cleuchwardon Terington Walton Enmethe Walpole and Walsoken in the parts of Mershland their heirs and assigns the said Bank called Pokediche so to be new made and raised for safeguard against the said fresh waters on the North part of the River which runneth from Welle to Salterys lode and Wigenhale beginning at Salterys lode aforesaid within his the said Duke's Lordship which extendeth it self in length from thence unto Northdelfe before-mentioned viz. ground containing xxiiij foot on the South side of the same Bank for the making repairing and maintaining thereof as also sufficient ground on the North side thereof xl foot distant from the same for the repair likewise and maintenance thereof provided that they should not dig any earth on the said North side thereof for the purposes abovesaid as long as the said Bank could be fitly repaired with the earth on the South side And he did moreover grant and confirm to the said Iohn Bishop of Cly and the rest of the persons above-specified their heirs and assigns that they not any of them should be molested in their passage to and fro in the making and repair of the said Bank wheresoever there might be cause for the same Saving neverthelesse to him the said Dâ—ke and his heirs Wayfe Stray and other amerciaments for
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
season Upon consideration of all which the said Commissioners did ordain and decree that the Bishop of Ely and his successors and Will. Vernoun and all the Landholders in Elme aforesaid should be chardged to make repair raise and maintain all and singular the Banks and Sewers before-mentioned in such sort as they are specified in the said Presentments each man according to the proportion of what he holdeth whensoever need should require And moreover whereas the water of Old field in Elme on the East side of the River of Elme ought to have its course and issue by a Pipe lying under the River of Elme called Massyngham's pipe and thence to run into the River of Wysebeche at Bevyse but by reason that the River of Wysebeche had for many years past been so filled up with fi lt and sand brought in by the Sea-tides that it could have no passage there the said Commissioners ordained for the better safeguard of the said Town that the said water of Oldfelde should for the future pass away by the said Pipe called Massyngham's pipe lying under the River of Elme betwixt the messuage of Iohn Blythe on the one patt and the messuage of Iohn Ratelesdene on the other and thence directly by an antient Sewer betwixt the Land of Iohn Tofty on the one side and the Land of Iohn Westbroke on the other unto the Drove called Toundrove and thence by the said Drove on the one side and the hades of the Lands belonging to Iohn Westbroke Iohn Edryche and Bedylacre unto the Lands of Will. Eryswell on the other part and thence by the said Drove on the one part and the Land of Iohn Conysbury and Will. Bryswell on the other part unto the Sewer called Coldham Sewer at Crumdykbrigge and thence into the said Coldham Sewer unto the pipe lying under the River of Wisebeche called Coldham pipe and thence betwixt the said Coldham Sewer unto the Floudgate in Leverington called Dieugard and thence to the Sea And that the water of Redmorefeld and Walyshfeld should not for the fâ—ture run or have its coursâ— by the â—â—d Sewer of Coldham but by a Pâ—pe called Redmore pipe lying at the Towns end of Elme thence betwixt the Bank called Hillary dike on the one sidâ— and the hades of Iohn Walpole's Lands unto the Land of Will. Beston on the other and thence thwarting the said Bank callâ—d Hillary dike into the Sewer called Waltersee Sewer and so along that Sewer unto the Floudgate in Leverington called Dieugard and thence to the Sea And that all persons having Lands in the said Field of Oldfeilde and all others receiving benefit by the drayning away of the said water should thenceforth be perpetually chardged with the sufficient making repairing and maintaining of the said Pipe called Massynghams pipe and the said Sewer leading thence unto Coldham Sewer at Cromedyke brigge as aforesaid according to the quantity of their Lands And likewise that they should contribute with Will. Venour Lord of the Mannour of Coldham to the making repairing and maintaining of the said Sewer called Coldham Sewer from Cromedike brigge aforesaid unto the Sea as also of the Crest thereof and likewise to the said Pipe called Coldham pipe according to the proportion of their Lands in such sort as the said Will. Venour and his Participants had before done according to an Ordinance for that purpose antiently made And that the Crests of Coldham Sewer should be sufficient for the water of Oldfield to run into the said Sewer of Coldham within the same and to overflow the Lands adjoining thereto And they also presented that every person having any Ditch abutting upon the said Sewer of Coldham ought thenceforth to stop up the same with a Dam and a Clote set thereon which Dam to be xij foot in bredth and in height equal unto the hades adjacent so that no prejudice might come to the Lands lying neer the same Sewer as it had been antiently ordained And that all persons having Lands in Redmorefeld and Walyschfeld should thenceforth be contributory together with the Bishop of Ely unto the said Sewer of Walterse from that place in Hillary dyke where the waters of Redmorâ—feld and Walyschfeld do fall into the said Sewer of Waltersâ—e and to make repair and maintain the Crest of the said Sewer of Waltersee together with the said Pipe called the Lordyspipe according to the quantity of their Lands And they moreover presented that the Landholders in Leverington ought and had used to make and repair one Bank in Leverington called the Wardyke and to raise it higher by three foot than it was in the best place And that the said Town of Leverington had used time out of mind to repair eight Bridges in Neutone lying in certain places specified in the Kings Records in such sort as they had antiently done And they said that those eight Bridges in Neutone did lye as followeth viz. the first Southwards at the Clow which was then to be repaired the second â—oward the frontier of Andrew Cok two others at Leverington pipe in Neutone one at Lordislane one at Childesgrave one at Grenedyke and one at Startesgate And the said Jurors being asked if ever any of them saw any of those eight Bridges in any other place than they were at that time and they answered No. And they likewise presented that the Town of Leverington had time out mind used and ought to repair and raise one Crest in Leverington beginning at Neuton Gordyke and leading to Bondesgote in Leverington and thence to Rechemound in the same Town in height four foot and in bredth eight And that the Landholders of Harpfelde in Leveringtone ought and did use to repair and raise a certain Crest in another place called Towlanes beginning at Shoffendike in Leveryngton and leading to Blaklane in the same Town in height four foot and bredth eight And that the Landholders in Southhinham in Leverington ought and had used to make repair and raise one Bank called Overdyche in Leverington aforesaid beginning at Belymylle brigge and leading to Parsondroveshunte in the same Town thence to Meysbrigge by the Landholders of Northhinham thence to Blakelanefeld by the Landholders of Fenhalfâ—ld thence to Bondysgote by the Landholders in Blakelanefeld and to make it two foot higher than it was at that time in the best place and in bredth xij foot And they presented that the Landholders in Fenhalfeld in Leverington did use time out of mind and ought to make repair and raise a certain way called Polylane beginning at Shoffendyke in Leverington and leading to Meyesbrigge in the same Town in height four foot and in bredth eight In consideration of which Verdict c. the said Commissioners did ordain and decree that the same should be performed accordingly viz. every man according to the proportion of his holding as often as need should require And the said Jurors also presented that there ought to be made one Sewer in Fenlondfeld in Neutone in
sewers where it divideth into two branches as before is mentioned And the one branch going South Eastward in form aforesaid extendeth in distance and length from the said great Crosse unto Shrewysnest point and so by the said South branch unto the said North Seas at K. Lynne aforesaid Liiij miles And the same River descending from the said great Crosse unto Shrewysnest point aforesaid and from thence by the North branch unto Outwell Sholle and so to the said North Seas is in distance xxxiij miles And from the said Sewer called Creeklode in March aforesaid unto the said North Seas at K. Lynne aforesaid by the said South branch is xlviij miles and by the said North branch xxviij miles And from the said Sewer called the Leame in March aforesaid unto the North Seas at K. Lynne aforesaid by the said South branch is xlvii miles and by the North branch aforesaid xxvii miles The decay of which said several Sewers with the Rivers Lodes and Drayns from them extending unto the said Town of Wisebeche they say be the chief and special occasions of the drowning aswell of the said Marish and Pasture in Upwell and Outwell as of the whole Countrey of Marshland and Wigenall adjoyning and in continuance of time as they think in their consciences will utterly drown the said Parishes and the said Country of Marshland unlesse the same decayed Sewers be scoured according to the antient Ordinances so as a great part of the said fresh waters of the same great Ee in March aforesaid may be conveyed unto the said North Seas by the Town of Wisebeche in manner and form aforetime used And they said that there is another great occasion of the drowning of the said Marish grounds by reason of the decay of the said old Sewer in Upwell aforesaid called Maide lode and a part thereof called Ship lode the which Lode beginneth at Welney water otherwise called the South branch coming from Shrewysnest poynt aforesaid and extendeth from thence unto a certain fen of the said Edmund Beaupre called Weeke fen and from thence into a certain place in Helgay called Shiplode Helgay house and there into the said great River of Ouse The which Sewer they say hath been most specially decayed by reason that there hath not been kept a good Sluce of stonework or timber with sufficient falling and hanging dores to the same to stop out the Floudsilty waters And also by reason that the same Sewer falleth not lower towards the said North Seas viz. at and against a certain place in Denver called Denver hithe at the which place they think it most meet for to set and build the said Sluce And they said that for the preservation of the said Sluce there ought to be a substantial Clouse of stone work and Timber with two sufficient drawdores to the same to be set within half a furlong of the said Sluce to stop the fresh waters aswell in the time of repairing the same Sluce as to keep and preserve a sufficient portion of waters within the said Drayn in the time of extreme drought Furthermore they said that forasmuch as there hath not been a substantial Bridge over the said Sewer called Maid lode of the length of xx foot next unto Welney water so as the same water at the entry thereof might have full passage hath been in like manner a great decay of the said Sewer And they said that the heirs of Richard Cranford ought to scour the said Mayd lode next from the said Welney water called the South branch by the space of one furlong at the widenesse of xx foot and of sufficient depth And next unto that the Inhabitants of Upwell and Welney ought to dike the same by the space of one mile for certain lands which they hold in common call'd Dunthorn's fens otherwise called our Lady fenns and one other mile for their Common called Blakmereshall And then the Landholders belonging to the Prior of Fakenham to scoure the said Lode called Shiplode by the space of half a mile And then the said Edmund Beaupre for lands belonging to Beaupre Hall in Outwell aforesaid half a mile And for his Mannour of Upwell late â—â—longing to the dissolved house of Ramsey half a mile And then Richard Fyncham Gent. for certain Fen grounds and Marish half a mile And the Landholders late belonging to the Monastery of Walsingham three quarters of a mile Then the Dean of Norwich for lands belonging to the late Celle of Monks in K. Lynne three furlongs and from thence to the said place against Denver hithe where the said Sluce shall be set the Townships of Denver Helgay and Fordham shall dyke c. the rest of said lode for four furlongs in consideration that they be not charged in any part of the said Sewer called Mayd lode and Shiplode and yet the same Townships shall drayn by the same Sewer by estimation a thousand acres of Common Fens and more And forasmuch as great Commodity shall grow aswell to the Inhabitants of Denver Helgay and Fordham as to the Inhabitants of the whole Countrey of Mershland and Wygenhall by reason that the same Sewer as well shall drayn the Fenns of Denver Helgay and Fordham as also shall receive the great abundance of fresh waters the which before this time have descended against a certain Bank in Outwell and Dounham aforesaid called the New Powdich being the only defence and safeguard of the same Country of Marshland and Wigenhall the which for lack of this provision at this present by them agreed have been divers times of late years drowned that in consideration thereof aswell the Inhabitants of Marshland and Wigenhall as of the said 4. Infields in Upwell and Outwell called Plawfield Kirkfield Budbeche field and Landy field shall bear and sustain the Costs in and about the sufficient making of the said Sluce and Clowes And that after the same Sluce and Clowes be well and sufficiently made that then the same shall be repaired at the Costs of the said Inhabitants and Landholders of Denver Fordham and Helgay aforesaid except when the yearly chardges in amending the same shall come to above the summe of xxvis. viijd. Also they said that there is another great destruction aswell to the said Fenns as to a great part of the low grounds within the I le of Ely by reason of the decay of the said drayn called in part New dike in Littilport aforesaid and in part thereof called Crikelode in Sothery aforesaid betwixt Sothery poole and Modney and there entreth into the said great River of Ouse And they said that the Bishop of Ely ought to scour the said Creeklode from the said great River of Ouse unto a certain place called the Willow by the space of two furlongs and then the Landholders of the Lands of late belonging to the Cellerer of Bury ought to dyke from the said Willough unto Pulver lake The Dean of Norwich for his Church of Fordham the Parson of Helgay for his
Outwell Shâ—ll unto North Delph And in like manner under the said Bank called the New Pow diche and from thence in a Sewer for the waters of both the said Fields called Plawfield and Kirkfield by and through the Common of Outwell aforesaid called Mullycourt Drove and so forth in the same Sewer or Drayn unto a certain place called the Sumptes against the Meadow of the said Edmond Beaupre called Galcroft and from thence unto a certain Bridge called Angle brigge in the Common of Outwell aforesaid And from thence unto a certain Sallow ground of the said Edm. Beaupre called Hodg hirne and there to enter into Rightforth lode which Lode beginneth at the South Corner of Hodges hirne aforesaid and extendeth from thence between the Common Drove of Outwell on the one part and the Marish and Fenn of the Earl of Arundell called Bardolf fenn on the other unto the North Corner of Hodges hirne And thence right forth between the Marishes and Fenns of the said Earl on both sides unto a certain place in Stow Bardolf aforesaid called North hooke and thence directly in a Drayn to Stow bridge in Stow Bardolph aforesaid and there through a Sluce of Stone and Timber into the great River of Ouse Also they said that for the safety of the field called Budbech field in Upwell and Outwell there ought to be made a Drayn by the Landholders of the same Field from a certain place in Upwell called Dod's style by divers heddings unto Pyes drove in Upwell aforesaid and there to enter into a Pipe or Gote of stone under the same Drove and from thence directly in a Dike between the Drove called Mayers drove of th' one part and the Lands of the said Rob. Dannet the Lands of the King as in the right of the said Monastery of West Dereham the Lands of the Dean of Ely and the Lands of Iohn Fyncham Gent. the Lands of the Heirs of Anth. Croftes the Lands of the Heirs of Edm. Chatterys the Lands of Iohn Coney the Lands of Reynold Hilbrond the Lands belonging to the Parsonage of Outwell and the Lands of the Heirs of Croftes and the Lands of the said Ric. Fyncham on th' other part and so in a Dike unto the Lands of the said Iohn Fyncham and then in a Dike between the Lands of the said Iohn on th' one part and divers men on th' other part unto the Yard stead of the said Iohn somtime Thomas Hollows of Outwell aforesaid and there to be made a Dam between the said Lands and the Lands of Iohn Coney And from thence in a Dike between the Lands of the said Iohn Fyncham unto the front of the said Iohn in Owtwell aforesaid and there to enter into a Pipe or Sluce of stone and Timber under the same front and also in the same Sluce under a certain River in Outwell aforesaid called the Little lode the which River divideth the said Counties of Norff. and Cambridgshire and so forth in the same Pipe into the said Field called Sandyfield and thence in a Drayn between the Lands of the said Edm. Beaupre called Reynolds of the one part and the Lands of the said Iohn Fincham on the other unto a certain pasture ground of the said Edm. Beaupre called the Upward and so in a Dike between the Lands of the said Edmund on both sides unto a certain pasture of the said Edm. called the xx Acres and there to enter into a Pipe or gote of Stone laid between the Lands of the said Edm. on both parts and from thence into a Drayn or Sewer by or through the grounds of the said Edmund unto a certain gysted Dike of the said Edmund called Blewick dike and there to enter into a Pipe or Sluce of Stone under the same Dike and then into a Drayn or Sewer aswell for the waters of the said Sondyfield as for the waters of the said Field called Budbech field and from thence in the same Sewer for both the said Fields called Budbeche and Sondy field by and through the Common of Outwell called Blewick fen unto the said place called Hodges Hirne and there meeting with the said Drayn for the said Fields called Plawfield and Kirk field to pass forth with the same by and through the said Sewer called Rightforth lode by and through Bardolf fen unto North hooke aforesaid and from thence unto the Pipe or Sluce at Stow bridge aforesaid and by and through the same into the great River of Ouse And they said that the said Drayn for Plawfield aforesaid ought to be in bredth from the said place where it beginneth unto the said Sluce lying under Small lode 8. foot and from the said Sluce by all the said Drayn unto Hodges hirne 8. foot and from thence unto Rightforth lode at a place called Hodges hirne 8. foot wide And the said Sewer for Budbech field to be in bredth from the said place where it beginneth unto the Pipe under the little lode in Outwell aforesaid 7 foot And from thence unto the said Sluce lying under the said Blewick dyke 7 foot And from thence unto Rightforth lode to be in bredth in the narrowest place of the same xij foot and so to Stow bridge and that they be made of depth according to the wideness All which Sewers and Drayns to be kept and maintained at the charges of all and every person chargable to the making of them After this viz. in 13 Eliz. at another Session of Sewers it was presented by the Jurors scil 1. That the Sea-bank beginning at Tyd gote in Tyd S. Giles adjoyning upon the County of Linc. and so leading to a place called the Horshooe being in great decay be made in height xx foot above the Saltmarsh and in bredth six foot by the Inhabitants of Tyd Newton and Leverington And from the Horshoâ—e unto Crabmarsh gate of the same bredth and height by all the Lands in Estfield And thence to the Sluce of Wisbeche Which Bank from Crabmersh gate was decayed in Bishop Goodrick's time and part thereof carried by the â—onsent of the said Bishop for the pavement of the Market place in Wisbeche and part by Mr. William Blomfield for making of a Windmill there 2 That the Bank called Whymeydike beginning at the Sea bank end at the Horshooe in Leverington ought to be made unto Coxe corner in Wisbeche above the brink of the water xx foot and in bredth 8 foot And from Coxe Corner the old Market of Wisbeche the Ee banke to Newdike end alias Lentshurne beyond Bevys Hall on the North side and West side of the said Rivâ—r to be made in height xii foot and bredth xvi foot by all the Landholders on the North of Wysbeche And that Newdike from Lyntyshirne unto the farther Crosse at Guyhirne be made in height xvi foot and in bredth xii foot by the said Landholders on the North of Wysbeche 3 That the High Fendike beginning at Guyhirne crosse and so leading to
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
opinions all concluding it fesible but differing much in the way to accomplish the same To give instance of the various conceipts of such whom his said Majesty imployed to inform him therein it will be needless howbeit of those that exhibited by the said Sir Cornelius Vermuden a person of greater experience in Drayning than most others were was not the least considerable and therefore it being published in Print I shall refer my Reader thereto But such speed there was made in the farther prosecution of this great and noble adventure that at a general Session of Sewers held at Huntendon on the xviijth day of Iuly then next ensuing the said King himself was declared the Undertaker and to have not only those ninety five thousand Acres which had been formerly set out for the said Earl but also fifty seven thousand Acres more from the Country his design being as by the Decree then made at Huntendon appeareth to make the said Fens as well Winter-grounds as Summer-grounds as hath before been expressed viz. out of Deping Pinchbeck Spalding South fen and Croyland fen alias Gogsland fen twelve thousand Acres And out of the rest of the lands out of which the ninety five thousand Acres had been formerly assigned to and for the said Earl of Bedford and his participants First the number of twelve thousand Acres parcell of the said ninety five thousand which twelve thousand were then in the possession of his said Majesty his Fermours or under-tenants And the quantity of one hundred and fourty thousand Acres more whereof eighty three thousand residue of the said ninety five thousand to be taken in part and fifty seaven thousand in full of the said hundred and fourty thousand Acres to be indifferently taken and set out of the residue of the said Fens where or out of which the said ninety five thousand Acres were so decreed or assigned to the said Earl of Bedford viz. out of such of the said Fens as do lye on the North-West side of the said new River called Bedford River 29 thousand Acres in part of the said 57 thousand Acres And out of those on the South-East side of the said new River 28 thousand Acres in full for the said 57 thousand Acres And for the drayning of the said Common and several low grounds lying in Holand Com. Linc. within the River Weland Porson banke the South Ea banke the Shire drayne and the several high Marshes and grounds of the Towns or Parishes of Tyd S. Maries Sutton Lutton Gedney Flete Holbeche Quaplode Moulton Weston and Spalding 19 thousand eight hundred 33 Acres And for drayning the Common and several Fen-grounds lying between the South Ea banke Wisbeche River the old Sea-bank and the Shire drayne in Wisbeche Leverington Newton S. Giles Tyd S. Maries and Porson drove the quantity of 4000. Acres And for Drayning the Common Fen-grounds of the Towns of Marshland called Marshland fen containing by estimation 4000 Acres the quantity of two third parts divided into three And for drayning the Marsh lands lying open to the Sea in or neer Walton Walsoken and Walpole in com Norff. between the old Sea bank of Marshland and the old course of Wisbeche River containing by estimation 3000 Acres and of the Marsh lands and Marsh grounds lying in or neer Wisbeche Leverington Neuton and Tid S. Giles in com Cantab. and the course of Wisbeche River and the Shire Drayne there together with one piece thereof lately imbanked next the said Shire Drayne containing by estimation 1000 Acres and of the Marshes c. lying in or neer Tid S. Maries Sutton in Holand Lutton Gedney Flete Holbeche Quaplode Moulton and Weston in com Linc. between the Marsh-grounds there formerly imbanked and the Sea extending along the Sea coast there containing by estimation 5000 Acres the quantity of two full third parts And for Drayning of Stretham meere and the Meer-grounds thereof containing by estimation 300 Acres the one half thereof or of so much thereof as shall be drayned And for the drayning of the rest of the Meers Meer-grounds Lakes and Pools the quantity of 3 fourth parts of them or so much of them as shall be drayned divided equally into four parts And that though the said Earl of Bedford had not performed his undertaking he should in recompence of his great charge in those Rivers Cuts and Drayns by him and his Participants made have 40 thousand Acres to be assigned him out of the before-mentioned 83 thousand Acres residue of the said proportion of 95 thousand Acres assigned to the said Earl as aforesaid About three dayes following for it was upon the xxith of the same Month of Iuly the said Commissioners still fitting at Huntendon dispatcht away Letters of that date to the Lords of the Council concerning their transactions then in hand the tenor whereof were as followeth Touching the Great Levell we have received many and several complaints from divers Townships therein that their lands are taken from them and they have received no benefit by the Drayning upon hearring whereof and of the proofes by them made and declaration of divers Commissioners in Court we find many of them true and according to his Majesties Instructions to some of us his Commissioners we have made an Order to permit them to take the profits of their lands and Common of pasture untill the Drayning be adjudged so as they shall not pull down or deface any Mounds Fences or Drayning without due proof made and a special Order of the Court in that behalf wherein the Country have received and expressed a great deal of contentment and satisfaction We have also two several dayes heard Mr. Holborne and Mr. St. John being of Councel with the Earl of Bedford and his participants in the great Level and they have taken divers exceptions and argued at large against the Laws of Tax and proceedings upon this Commission and their main Objections tended to destroy not only these Taxes Decrees and proceedings of this kind And the same reasons if admitted would plainly overthrow all the Presentments Taxes Decrees and Proceedings for the Earl of Bedford and his participants We are now taking into consideration the force and weight of what hath been alleged and shall therein give a just and speedy resolution and with all care and diligence proceed to the further execution of this Commission and setling of this great work I have not seen any direct Answer made by the said Lords unto this Letter but on the xxiijth of the same Month there was a Letter dated at Theobalds the Court being then there from William Lord Bishop of London and sent to the said Commissioners in answer to a Letter of theirs to him dated the xxith the tenor whereof for so much as relates to this great Level I have here likewise inserted And because his Majesty intends to see this great work of the Level prosecuted according to his first Princely design being for the Countries good and his
and damages as seven Commissioners of the Sewers or any four of them shall by writing under their hands and seals within the time aforesaid upon examination adjudge and think fit that then all and every such Lords and Owners of Lands there shall from and after such payment made have hold and injoy to him and them and his and their Heirs all and every such his and their Lands and Grounds allotted to the said Sir John Monson and his Heirs as fully as if the said Decrees of Sewers or this present Act had never been had or made the said Decrees of Sewers or this present Act or any matter or thing in them or any of them Conteined to the contrary thereof in any wise notwithstanding Provided also and be it Enacted by the Authority aforesaid That for the repairing future maintenance and support of the said work for ever in all the parts of it It shall and may be lawfull to and for the said Sir John Monson his Participants and Adventurers their Heirs and Assigns having a hundred Acres of Land within the said Level or any six of them from time to time and at all times when and as often as occasion shall require to set and impose Taxes on all and singular the Lands allotted and decreed to the said Sir John Monson his Participants and Adventurers their Heirs and Assigns And in case the said Taxes or any part of them be not paid at the dayes and times for that purpose appointed within the space of twenty dayes after personal notice or by writing under the hand of two or more of the Participants and Adventurers present at the laying of the said Tax left at their dwelling houses or in case they have not any there at the house of the present Tenant or occupiers of any the said Lands that then the said Participants their Heirs and Assigns or any six of them shall have and are hereby declared to have sufficient power and authority in the Law to make Leases for Years or Lives or absolute Estates in Fee simple of all or any part of the Lands of any person or persons so failing liable to the said Tax as the case shall require and every such Lease Leases or Sales by them so made shall be good and effectual in the Law to all intents and purposes whatsoever Provided alwayes and be it further Enacted That all and every the Lands lying within or parcel of or belonging unto the Mannour or Lordship of Saxbie in the County of Lincolne heretofore acted decreed allotted or mentioned to be decreed or allotted by vertue or colour of the Acts and Decrees of Sewers before mentioned or any of them unto Sir John Monson Knight of the Bath and now Baronet or some of the Adventurers or Participants◠〈…〉 and â—ifty Acres three Roods and twenty 〈◊〉 of Land be the same more or less parcel of the premises by the said Sir John Monson and others dreyned as aforesaid are hereby fully and absolutely vested and settled in Michael Warton of Beverly in the County of York Esquire his Heirs and Assigns for ever by and according to the limits meets and bounds in the said Decrees and Schedules Lawes of Sewers or any of them expressed or mentioned and that no person or persons shall hereafter under any pretence or colour whatsoever trouble or molest by any wayes or meanes the aforesaid Michael Warton his Heirs and Assigns for any part or parcel of the aforesaid three hundred and fifty Acres three Roods and twenty Perches of Land or any other of the Lands and Grounds in the said Mannor of Saxby so dreined but to be held and injoyed by the said Michael Warton his Heirs and Assigns freed and discharged of and from all title of interest of Common and Commoners and all other titles interests properties and claimes whatsoever but with this limitation nevertheless that the said Sir John Monson his Heirs and Assigns performing an Award heretofore made by Sir Francis Cobb Knight Dated the fourth of January One thousand six hundred and sixty between the parties abovesaid the said Michael Warton shall pay such summ or summs of mony as is contained in the said Award any thing in this present Act conteined to be contrary notwithstanding Provided alwayes and be it further Enacted That all and every the Lands lying within or parcel of or belonging unto the Mannor or Lordship of Worlaby in the said County of Lincolne heretofore Acted Decreed allotted or mentioned to be decreed or allotted by vertue or colour of the Acts and Decrees of Sewers before mentioned or of any of them to Sir John Monson Knight of the Bath and now Baronet or some of the Adventurers or Participants amounting in all unto four hundred and sixty Acres be the same more or lesse parcel of the premises by the said Sir John Monson and others dreined as aforesaid are hereby fully and absolutely vested and settled in the Right Honourable John Lord Bellasise Baron of Worlaby his Heirs and Assigns for ever with this limitation that the said John Lord Bellasise shall allow for the said four hundred and sixty Acres such rates proportionable for every Acre thereof within the Mannor of Worlaby aforesaid as is agreed to be payed by Michael Warton of Beverly Esquire to the said Sir John Monson for the dreined Lands lying within or belonging unto the said Mannor of Saxby according to the aforementioned Award made by the said Sir Francis Cobb And wheras there was one thousand pounds of lawfull English mony formerly paid by the said Lord Bellasise to some of the Adventurers for some parts of the said four hundred and sixty Acres Be it provided and hereby further Enacted That the said payment of the said one thousand pounds so formerly paid as aforesaid by the said Lord Bellasise shall stand be allowed and accompted in full satisfaction for the whole four hundred and sixty Acres and not in satisfaction of some parts thereof only upon account Nevertheless according to the foresaid rates mentioned as to the Mannor of Saxby in the said Award of Sir Francis Cobb and that no person or persons whatsoever shall hereafter either by vertue or colour of the said decrees of Sewers or under any pretence or colour whatsoever molest or trouble by any wayes or means whatsoever the said John Lord Bellasise his Heirs or Assigns for any part or parcel of the aforesaid four hundred and sixty Acres or any other of the Marrish grounds in the said Mannor of Worlaby so dreyned as aforesaid and the Lord Bellasise to bear his proportionable share of the charges of carrying on and perfecting the said work for the future any thing in this Act conteined to the contrary notwithstanding Provided alwayes That this Act or any thing therein conteined shall not extend to one hundred Acres of Land or Marsh ground situate lying and being within the North Carr of Cadney cum Housam in the County of Lincolne which one hundred Acres heretofore was
and yet is the Inheritance of Sir Edward Rosseter of Summerbie in the said County of Lincolne Knight and heretofore dreyned by Sir John Monson Knight of the Bath and now Baronet undertaker for the dreining of that Level his Participants or some of them And be it further Enacted That the said one hundred Acres of Land be settled and vested and the said one hundred Acres are hereby settled and vested in the said Sir Edward Rosseter his Heirs and Assigns for ever but with this expresse limitation that for the future the said one hundred Acres of Land shall be liable to their respective proportions and rates hereafter to be set upon them in the payment of all Taxes and other duties necessary for the perfecting and maintaining of the said work for ever in such way method and manner and according to such Acts Orders and decrees of Sewers as shall be lawfully made to that purpose the said Sir Edward Rosseter and his Heirs also performing such other Covenants and agreements which are already mutually agreed on the said Sir Edward Rosseter also paying in consideration of the charges already expended to such participant under whose allotment the said one hundred Acres may fall such summ and summs of mony as shall be expresly set down in writing as equal under the hand and Seal of Sir Matthew Appleyard Knight and Charles Hall Esquire before the first day of August which shall be in the year of our Lord God one thousand six hundred sixty and two And in case the said Sir Matthew Appleyard and Charles Hall shall not agree as aforesaid that then Sir Robert Bolles of Scampton in the County in Lincolne Baronet shall have and hereby hath power fully to determine the whole before the first day of October one thousand six hundred sixty and two Provided that whereas there is a controversie arisen between the Lord Bishop of Ely and Sir John Monson and his Participants concerning some Lands lying in the Mannor called the Mannor of Thornton in the moor in the County of Lincolne in the parts of Lindsey being part of the possessions of the Bishoprick of Ely It be referred to Sir Edward Turner Knight Speaker of the house of Commons in this present Parliament to examine award adjudge and finally determine accorâ—â—â—g to equity what portion or parts within the said Mannor or Land within the said Mannor shall be allotted to the said Sir John Monson and his Participants in recompence of his or their dreyning and melioration thereof And that if such award and adjudication shall not be made before the first of May one thousand six hundred sixty and three That then the said Lord Bishop of Ely or his Assigns shall have and enjoy the full and quiet possession of the said Mannor and every part thereof untill such award and adjudication shall be made any thing in this Act to the contrary conteined notwithstanding And in case the said Sir Edward Turner shall happen to die before the said first day of May one thousand six hundred sixty and three or shall decline the said reference That then and from thenceforth all the matters and things conteined in this proviso shall be referred to the Lord Chief Iustice of the Common Pleas for the time being to hear and determine the same as aforesaid Provided alwayes and be it Enacted by the Authority aforesaid That neither the Lord Bishop of Lincolne nor the Dean and Chapter of the Cathedral Church of Lincolne aforesaid their or any of their Successors receive any prejudice or damage by this present Act but that their Lands and possessions be preserved and kept indempnified any thing herein conteined to the Contrary in any wise notwithstanding Provided also and be it Enacted That it shall not be lawfull to or for any person or persons concerned in any Covenants or agreements touching the said undertaking to bring or prosecute any Action or Actions or Sutes at Law or equity for recovery of damages or satisfaction for or by reason of any breach of any of the said Covenants by any waies or means hitherto had made or done but that all persons concerned in any of the said Covenants as to any breach of Covenant heretofore made â—e for ever discharged And be it further Enacted and ordained by the authority aforesaid That a Commission of Sewers under the great seal of England before the first day of May which shall be in the year of our Lord one thousand six hundred sixty and two shall be issued out to twelve persons whereof six to be nominated by the said Sir John Monson and his Heirs and other six to be nominated by the Inhabitants and Owners of the Lands upon the Level of Ancholme lying in Winterton and Bishop-Norton aforesaid or by the Knights that serve for the said County of Lincolne which said Commissioners or any four or more of them shall have full power and authority to inquire as well by their own view as upon the Oathes of Witnesses which they are hereby impowered to Administer and to send summons for and by all other legal wayes whether the Owners of the Lands upon the Level of Ancholme lying in the said Townes of Winterton and Bishop-Norton or either of them or within the precincts of them or either of them have or may receive and sustain any prejudice by Sir John Monsons undertaking for which they ought to have reparation and thereupon to make such satisfaction to the said Owners as shall be most agreeable to Iustice or Equity by restoring to the said Owners and persons damnified by the said undertaking their Heirs Executors and Administrators respectively all or any part of the Lands lying in Winterton and Bishop-Norton by this Act settled unto and upon the said Sir John Monson his Participants and Adventurers and his and their Heirs And be it further Enacted and ordained That the said Commissioners do make to Sir John Monson and his Heirs recompence at the same time out of the residue of the five thousand eight hundred twenty and seven Acres settled by this Act on the said Sir John Monson his Participants and Adventurers or any owners of any part of the said five thousand eight hundred twenty and seven Acres according to their several proportions having respect to the Quantities and Qualities of the Lands that shall or may be taken from the said Sir John Monson and his Heirs out of Winterton and Bishop-Norton aforesaid as in their Iudgments shall be most agreeable to justice and equity which judgment and orders of them or any of them so as there be four or more of them shall be made and published in writing under the hands and Seals of the saiâ— Commissioners or any four or more of them before the five and twentieth day of March in the said year one thousand six hundred sixty and three and that untill the said five and twentieth day of March one thousand six hundred sixty and three the Lords freeholders Owners and