presently begin the same and finish it so as to make the grounds fit for Meadow Pasture or â—arable within the compass of six years from 1 Oct. following unless the Commissioners should approve the cause of deferring it any longer 2. That suddain overflowings in places remote from the Out-falls should not be adjudged a not Drayning nor Meers Lakes Pooles and Forelands left by Art and Approbation for Receptacles Nor any part of the ground out of which he was to have his proportion 3. That there should be 95000. Acres set out by six Commissioners respect being had to Commoners accommodations before Michaelmass then next following 4. That the Earl and his associates might be incorporated for ever to make Laws Ordinances and Orders and to have power over the lands assigned but no other towards the maintaining of the works 5. That the whole 95000. Acres should be lyable to the first finishing of the work and 40000. towards the maintaining and the 40000. to be subject in case of neglect to the Commissioners of Sewers 6. That when 30000. Acres should be finished the Earl to have his proportion out of it 7. That the private Indikes for partition be made by advice of the Earl and by direction of the Commissioners 8. That the Commissioners shall set out convenient High-wayes and passages by land throughout the Levell 9. Provided that the Port and Haven of Kings Lynne be preserved and the Navigation Passage and High-wayes in upon or about all the Navigable Rivers namely Ouse Grant Neene Welland and Glene to be preserved and no prejudice annoyance hurt or hindrance to be done to them And if any such prejudice annoyance hurt or hindrance upon complaint thereof and of the Commissioners whereof the Vice-Chancellour of the University of Cambridge ....... shall be 3. if they will be present to return abate ....... and amove all such prejudice annoyance c. so that the antient Navigation passages and High-wayes may be preserved 10. For the safety of Holland and Hundred of Wisbeche Clows Crosse Drayn to be kept within soyl or Banks and in case of any prejudice then six Commissioners to reform the excesses and the Earl to make recompence 11. That the new Rivers Cutts and Dreyns the Banks Forelands and inside of the Banks not exceeding 50. or 60. foot to be the Earles paying such recompence as the Commissioners should think fit the old ones to remain as they were 12. No passages upon the Banks but for the towing of Boats 13. That the Earl might take Earth dig Drayns and Cutts upon the lands next adjoyning making recompence 14. That the Commissioners should assist the Earl to suppress ryots insolencies and disturbances 15. Such as should receive benefit by the work and yet no parties to it if their land be taken within the allotment of the 95000. Acres to pay to the Earl as the Commissioners shall assess upon pain to forfeit double 16. That the Earl might hold the 95000. Acres in free socage at xl per annum fee ferm and if any other Rents be issuing that pay be charged upon other lands 17. That the King should release any benefit which by the Law of Sewers made 19. Iac. or by any other law might accrue to him and approve of this Law and that it may be confirmed by Decree in Chancery and Council of State and by Act of the next Parliament 18. That 12000 of the 95000 acres be assured to the King for his Royal assent and laid out upon the lands belonging to the Manour of Whittlesey and the Marshes there adjoyning 19. And that for allotments out of small parcels lesse than 30 Acres there the Earl to divide and accept what 6 Commissioners should assess These things being thus setled the said Earl taking in divers Adventurers as Participants with him therein they cast the whole so allowed for their recompence into twenty parts or lots each lot consisting of four thousand Acres whereof himself was to have three shares or lots Oliver Earl of Bullingbroke one Edward Lord Gorges one Sir Robert Heath Knight one Sir Miles Sandys Knight and Baronet two Sir William Russel Knight and Baronet two Sir Robert Bevyll Knight one Sir Thomas Terringham Knight two Sir Philibert Vernat one William Sams Doctor of Law one Anthony Hamond Esquire two Samuel Spalding Gent. one Andrew Burwell Gent. one and Sir Robert Lovet Knight one And thereupon he the said Earl and those his Participants did by Indenture of fourteen parts covenant with each other that if any one of them or their assignees after notice should fail in the payment of such moneys as from time to time should be imposed on them in pursuance of that agreement for carrying on the said work that then it should be lawfull to and for the rest of the said parties or their assignes to supply the same or to admit some other person or persons to have the share of such defalture paying the sum imposed on the said share and that all such parties as aforesaid by himself or his assignes so failing should be wholly excluded and for ever debarred from demanding or receiving all or any such sum or sums of money as any such person or persons had formerly disbursed for and towards the said undertaking VVhich agreement so made the said Earl and his Participants or such unto whom several proportions of those lots or shares were by them assigned began the work and in order to the carrying off the superfluous water wherewith the Level was so much annoyed caused these several Chanels to be made viz. 1. Bedford River extending from Erith to Salters lode Lxx foot wide and xxi miles in length this being intended for taking off the high flouds from the River of Ouse having at each end thereof a Sluse of great strength 2. Sam 's Cut from Feltwell to Ouse being about six miles in length and twenty foot in bredth 3. A Cut to drain the River of Mildenhall in Burntfen neer Litleport two miles long and fourty foot wide 4. Bevill's Leame being a Cut from Witlesey meer to Guyhirne about ten miles in length and xl foot in bredth 5. Morton's Leame before-mentioned new made 6. Peakirk Drayn ten miles in length and 17 foot in bredth 7. New South Ea from Crowland to Clows crosse 8. Hill's Cut neer Peterborough about two miles in length and 50 foot in bredth 9. Shire Drayne from Clows crosse to Tyd and so unto the Sea Moreover besides these Cuts and Drayns he caused two Sluses to be made at Tyd upon Shire Drayne to keep out the Tides as also a Clow at Clows Crosse for the fresh water And likewise a great Sasse on Welle Creeke with a Stone Sluse at Salters lode upon Bedford River to keep out the Tides and Sluses at Erith for the fresh But above all that great Stone Sluse below Wisbeche at the Horshoo to hold the Tides out of Morton's Leame which cost about eight thousand pounds And to the end they
might the better accomplish this so great an undertataking as also maintain and preserve the works after they should be compleated the said Francis Earl of Bedford and his Participants did in the x year of the said Kings reign obtain Lettees Patents of Incorporation bearing date 13 Martii whereby the said King making some recital of the before-specified Laws of Sewers made at King's Lynne 13 Ian. 6 Car. with his royal assent thereunto did incorporate him the said Earl and certain other persons viz. Oliver Earl of Bullingbroke Henry Lord Maltrevers Edward Lord Gorges Sir Francis Crane Knight Chancellor of the most noble Order of the Garter Sir Miles Sandis Knight and Baronet Sir Thomes Teringham Knight Sir Robert Lovell Knight Sir Filbert Vernat Knight Sir Miles Sandis Knight William Sams Doctor of Law Oliver S. Iohn Esquire Anthony Hamond Esquire and Samuell Spalding Gentleman into a Body politick to be Guardians and Conservers of the Fen lands in the Counties of Cambridge Huntington Northampton Lincolne Norfolke Suffolke and Isle of Ely by the name of a Governour Deputy Governour two Bayliffs and Commonalty of the Society aforesaid and that they and others to be elected into that Fellowship to have a perpetual succession by those Names and Titles with power to purchase lands plead and be impleaded and to have a common Seal And moreover that out of this their Society be yearly chosen upon the xxix of September one who shall bear the name of Governour another to be Deputy Governour and two others to be Bayliffs of the same Society to continue for one compleat year each of the said Commonalty having of Inheritance five hundred Acres at the least in the said Fen lands That upon Death or Removal the Survivors to elect others in their rooms And that six shall have power to make Laws for the publick benefit of the Society whereof the Governour or Deputy Governour to be one Also that the Governour Deputy Governour and Bayliffs shall make Oath for the due execution of their Offices so likewise their Servants and Ministers By this Charter of Incorporation the said Governor Bayliffs and Commonalty of this Society and their Successors are likewise constituted Guardians of all the Waters Rivers and Fens within the Precincts aforesaid with power to seise and take all Nets and other Engines made and used therein for destroying of Fish contrary to the Laws and Customes of this Realm And they be thereby impowred to enquire by Oath of all Trespasses and Offences committed contrary to the Laws and Customes of the Kingdom and to punish the Offenders by Fines and Amerciaments which Fines and Amerciaments to be levied by their Officers and to be to the use and benefit of the Society without any Estreits thereof made into the Exchequer Likewise to build Churches or Chapels and make Church-yards in such fitting places of the said Fens as they shall judge meet and to cause them to be consecrated by the Bishop And to take reasonable Tolls of all Carriages and Commodities at such Bridges as they shall erect and maintain So also for laded Boats passing under the same Bridges And lastly to Register all conveyances of these their lands within three months after the making thereof in certain Books to be kept for that purpose by the said Governour and Bayliffs All which being accomplisht about three years after in a Session of Sewers held at Peterborough xii Oct. 13 Car. the whole Levell was adjudged drayned and the ninety five thousand Acres were set out by six or more of the said Commissioners by metes and bounds unto the said Francis late Earl of Bedford his Heirs and Assignes the charge of these works to the said Earl and his Participants having been no lesse than an Hundred thousand pounds But notwithstanding this great expence it was at length evidently discerned that though the lands were very much improved by those works yet were they subject to Inundation especially in the Winter season and therefore in a Session of Sewers held at Huntendon 12 Aprilis the year ensuing the said Earl of Bedford's undertaking was adjudged defective And on the xxiii of May following in another Session held at Wisbeche the particular defects therein being considered by the Commissioners there was a new Tax of xv s. the Acre imposed by them but upon Dâ—ping fâ—n xxx s. the Acre Waldersey and Coldham xx s. the Acre Needham fen vis viijd the Acre For the Marshes within the precincts of Walton Wallokne and Walpole in the County of Norfolke Tyd S. Maries Sutton in Holand Lutton Gedney Fleâ—te Holbeche Ouaplode Moulton and Weston in the County of Lincolne Wisbeche Leverington Newton and Tyd S. Giles in the County of Cambridge xls. the Acre Marshland â—en xxs. the Acre and other the Fens and low grounds in Marshland x s. the Acre The Common and several Fen-grounds lying within the North side oâ— Wisebeche between South Ea bank Wisebeche River the old Sea-bank and the Shire drayn viz. the Common Fen-grounds lying in Neuton and Tyd within the said North side of Wisebeche xx s. the Acre and the several Fen-grounds in Neuton and Tyd aforesaid x s. the Acre and the rest of the Common Fen-grounds lying within the North side of Wisebeche vi s. viij d. the Acre The Common and several Fen-grounds in Holand in the County of Lincolne viz. the Common at xx s. the Acre and the several at x s. And it was then decreed that the said Tax should be paid in to the Treasurers appointed to receive the same before the xviijth of Iuly then next ensuing that present Session to the end that it might be speedily imployed in the work that so the said Fens might by sufficient Drayning be made aswell Winter-grounds as Summer-grounds in all the parts thereof saving convenient Forelands and Receptacles for Winter flouds Hereupon his late Majesty King Charles the first of blessed memory taking this great business into his Princely consideration and foreseeing that these lands being a continent of about four hundred thousand Acres in case they were made Winter-grounds would be an extraordinary benefit to the Common-wealth viz. of six hundred thousand pounds per annum value as also a great and certain revenue to all parties interessed And likewise because the Owners who were very many could not agree to do so great a work one being willing and another not one able to contribute another not was therefore pleased to undertake the making of those lands Winter-ground at his own charge whereby the said four hundred thousand Acres might be profitable firm and good And for the better performance thereof did command divers Gentlemen expert in such adventures to give their advice how these lands might be recovered in such manner as that they might be made Winter-grounds to the end the said work might be compleated Amongst which the before-specified Sir Cornelius Vermuden was one who after view taken thereof returned their
at least which was a very great work 2. The Middle Levell also they defended from Peterborough water by a large Bank made from Peterborough to Wisebeche this being raised upon the foundation of that which the King begun excepting a little turn in Waldersey Bank From the River Ouse they likewise defended it by a great Bank extending from Erith to Salters lode on the North VVest side of Bedford River and made another new River parallel to the said Bedford river from Erith to Salters lode aforesaid containing an hundred foot in bredth and imbanked it with Banks on borh sides of threescore foot wide at the bottom ten at the top and eight foot in height The other new Drayns which he and his Participants made or repaired within this Levell being these viz. Uermudens Ea Hamonds Ea Stony Draine Nene old Chanel Pophams Ea Marshland Cut Moores Drayne Witlesey Dikes and some other small ones And the Sluses those at Salters lode Pophams Ea and Marshland Cutts 3. For scouâ—ing the South Levell from the overflowings of Ouse they raised also a great Bank from Over to Salters lode The lesser Rivers viz. of Grant Mildenhall Brandon and Stoke being defended by smaller Banks From Salters lode to Stow bridge they likewise caused a large River of one hundred and twenty foot wide and ten foot deep to be cut for the more speedy conveying away of the waters which River is now called Downham Ea As also two great Sasses at Salters lode for the passage of Boats and other great Vessels with three Sluses at the end of Downham Ea And divers small Drayns viz. Grunty fen Drayn the In-Drayn to the Bank of the Hundred foot River Reach lode and many others So that having accomplisht the whole work within the compass of five years the said Level was by a Decree of Sewers made at Ely on the 25th of March Anno 1653. adjudged to be fully drayned Whereupon the said Earl and his Participants had possession of those ninety five thousand Acres awarded to them CHAP. LV. Lindsey Levell Extending from Bourne to Lincolne OF this though I might have not incongruously discourst under my title of Kesteven and Holand yet forasmuch as 't is in truth a part of the great Levell before-mentioned however not so now taken notice of in Common reputation I have thought it more proper to speak of it here The first general attempt towards the Drayning of this part of the Country whereof I have taken notice was upon a complaint of the Inhabitants at a Session of Sewers held at Sempringham in the 8 year of the late Queen Elizabeth's Reign the Earl of Lincolne high Admiral of England with several other persons of quality being then Commissioners Whereupon a general Tax was laid for repairing and enlarging the Drayns and Sewers to carry off the waters which then annoyed these parts But little was done to any purpose herein as it seems for it appears that at another Session of Sewers held at Swinstede in the 17 year of that Queens Reign the Country complained that they were drowned more than formerly so that the Commissioners then decreeed that those Drayns which the Duke of Suffolke and others had ordained to be begun about the latter end of King Henry the 8 time as also some others should forthwith be set upon and laid a Tax accordingly But no payment of that Tax being made the work proceeded not Nor was there any farther considerable attempt therein whereof I have heard till the 5 year of the late King Charles of blessed memory that Sir Anthony Ireby Knight Sergeant Callice and other Commissioners finding all former essays fruitless by reason that the Inhabitants would never pay the Taxes and that the lands being surrounded had no Cattel upon them for distress and considering that the King as 't is observable in all the Statutes of Sewers was to give direction in works of this nature they did by their Letters represent to his Majesty the necessity of Drayning these lands and the Commodity which might accrue thereby humbly beseeching him to recommend some person of Honour to contract with them as Undertaker for performance of that work The King therefore understanding their design to be for the Drayning of all the surrounded Fens on the North side of the River of Glen in this County of Lincolne referred the view of those lying on both sides the Rivers of Fosse and Wythom from beyond the City of Lincolne to Kyme Ea unto Sir Henry Vane Knight Sir Robert Carr Baronet and others who in order to that good work did in a Session of Sewers held at Sleford 26 Febr. 8 Car. where were also present and Commissioners Robert Earl of Lindsey Theophilus Earl of Lincolne the Lord Willoughby Sir Henry Fines and others lay a Tax of xiij s. iiij d. the Acre for the scouring and clensing of the said Rivers and all Gotes and Drayns c. within those precincts to be imposed upon all the Landholders in the said low grounds and to be paid before the ix of April then next following And for the better furthering and compleating thereof the said Commissioners meeting again at Boston upon the second of March then next ensuing reciting their Decree so made at Sleford did extend their said Tax of xiijs iiijd the Acre to the other parts of that Level Nevertheless little was done therein as it seems till about three years afterwards but then the said King by his Letters Patents bearing date at Westminster 2 Aprilis in the xi year of his Reign directed unto George Earl of Rutland and others Commissioners of Sewers for the said Level recommended unto them Robert Earl of Lindsey Lord high Chamberlain of England a person of very great honour to be the sole Undertaker for the drayning of the whole Whereupon the said Commissioners at another Session of Sewers held at Sleford upon the second of Iune then next following proceeded to a treaty with his Lordship for that purpose and agreed with him to accept of twenty four thousand Acres in recompence of his chardges therein which was then accordingly decreed the work being to be perfected within the space of six years next ensuing the feast of St. Michael th'archangel then following And after this viz. in a Session of Sewers held at Boston the 29. of March the next year ensuing recitall being made of that Decree made at Sleford whereby the said Earl of Lindsey for the considerations therein expressed was to have those twenty four thousand Acres of land to be indifferently allotted out of the several Fens c. to enjoy to himself and his heirs for ever viz. as soon as ten thousand Acres or more should be drayned to have his portion thereof forthwith assigned As also the like recitall that upon consideration of the same Decree and other former preceding Decrees and Ordinances made at a â—ession of Sewers held at
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
this County and Apulâ—re in Kent the Jurors presented upon their Oaths that there was a certain small Mâ—rsh neer unto the Town of Rye within the liberty of the Cinque Ports called S. Mary Croft containing by estimation xlviij acres of land which could not be well defended against the force of the Tides except an old Gutter therein were stopt up And they said that it would be necessary and profitable for the preservation and clearing of the said Marsh that there were a new Gutter and Seweâ— made beyond the bank of the said marsh and the land of Iohn Chitecrofte in a certain Marsh called Corboylesmarshe containing ........... about a quarter of an acre of land and so to passe into the Water-course coming from Leveshameswall unto the Sluce at Melflâ—t All which said work viz. the stopping up of the old Gutter and making of the new Sewer and Gutter might be performed as they estimated it for xijl. And they farther said that the Land-holders of the said Marsh called S. Marie Croft should pay to the said Iohn Chitecroft for the said land according to the Custome of Romeney marsh for every Acre xls. And they likewise said that the said Land-holders should be lyable to make contribution for their portions towards the diverting of the VVatercourse in Curboylesmarshe for the maintenance of the Sluce there and the Bank beyond the said Sluce not taxed as also to the making of the new Sewer in Curboylesmarsh when occasion should be viz. for every Acre of theirs as the Land-holders of Curboylesmarsh for theirs which water so diverted was not to the hurt or damage of the said Marsh called Curboylesmarshe And therefore the Maior and Bayliff of Rye had command that they should summon the said Iohn Chytecroft to appear before the Lieutenant to the Constable of Dovor Castle at Rye upon the Wednesday next before the Feast of the Nativity of the blessed Virgin to shew c. As also the land-holders of the said Marsh called S. Mary Croft VVho severally said that they could not gainsay but that they were obliged to make contribution according to the Inquisition aforesaid And likewise the said Iohn Chitecrofte who said nothing thereto Therefore it was decreed that the said new Gutter and Sewer beyond the said Bank and over the land of the said Iohn Chitecrofte should be made according to the purport of the said Inquisition and that the said Iohn Chitecroft should have for his said land according to the Custome of Romeney marsh x s In 3 H. 5. Sir Iohn Pelham Knight Richard Wakeherst Robert Oxenbrigge Vincent Fynche Adam Iwode and Will. Marchaunt were constituted Commissioners for to view and repair the banks c. betwixt the Towns of Pesemersh Rye Farlegh and Pette and to do all things therein according to the Custome of the Marsh and the Law and Custome of this Realm So also in 9 H. 5. had Robert Oxenbrigge Henry Hoorne Iohn Halle junior Will. Cheyne and Adam Iwode for those betwixt Ashewalle and the course of the Sea-water running from the town of Rye to Appuldre and Bodyam in the Towns of Wytresham and Stone in Kent and to Idenne Pesemâ—rshe and Bekkele in this County and to do all things therein according to the Custome of Rumney Marsh and the Law and Custome of England The like Commission the same year had Robert Lord Poynings Thomas Prior of Lewes Iohn Preston Sir Iohn Pelham Knight Iohn Darell and others for those betwixt Flecchyng and Seford on the Sea-coast and to perform all things therein according to the Custome of the Marsh and the Law and Custome of this Realm So also the same year had Sir Iohn Pelham Knight the Prior of Michelham Robert Oxenbrigge Adam Iworde Iohn Nelonde and Iohn Halle for those betwixt Hastyngs and Boxele in the Towns of S. Leonard Holyngtone Wyltynge Bexele Croweherst and Bulwerhithe and to proceed therein as abovesaid The like had Will. Westbury Robert Oxenbrigge Iohn Hall Richard Wakehurst and others for those betwixt the Parish of Berghestede on the west part and the parish of Felgham on the East and from those Parishes to Westregate and to do all things therein as abovesaid So also in 1 H. 6. had Sir Iohn Pelham Knight the Prior of Michelham Robert Oxenbrigge and othâ—rs for those Banks betwixt Hastyngs and Bexele as abovesaid And the like had Robert Lord Ponynges Thomas Prior of Lewes Iohn Preston Sir Iohn Pelham Knight and others for those betwixt Flecching and Seford and to proceed therein as abovesaid But in such sort did the said Sir Iohn Pelham and his Fellow Commissioners proceed therein that in 6 H. 6. upon information made to the King that they had by colour of that Commission raised certain new Banks which did so obstruct and hinder the antient course of of those fresh waters that had used to run betwixt the said towns of Hastyngs and Boxle by certain Sewers and Trenches to the Sea that much land was thereby drowned the said King assigned the Abbot of Bataille the said Sir Iohn Pelham Knight Sir Roger Fenys Knight Adam Iwode Iohn Corffe and others to view the same and to take such course for the rectifying thereof as should be consonant to the Custome of the Marsh and the Law and Custome of this Realm In 10 H. 6. Humfrey Duke of Gloucester Sir Thomas Echyngham Knight Iohn Halle Will. Fynche and others were appointed to view and repair the Banks betwixt Farlegh in this County and Derlandes Knokke in Kent and to make Laws and Ordinances therein according to the Custome of Romeney Marsh As also to imprest so many Labourers upon competent wages as there should be cause for to imploy in that work considering the great necessity of expedition therein The like appointment in 12 H. 6. had Iohn Earl of Huntendon Robert Prior of Lewes Sir Robert Poynings Sir Thomas Echyngham Sir Thomas Leukenore Knights Iohn Darell Richard Wakehurst and others for the Banks betwixt Flecchynge and Seford upon the Sea-coast and to proceed as abovesaid as also to imprest such and so many Labourers upon fitting wages c. as abovesaid So also in 21 H 6. had Edmund Mille Will. Sidney Iohn Leyle Iohn Wode Richard Dalingrugge Esquire and Will. Breys for those betwixt the Parish of Berghstede on the VVest part and the Parish of Folgham on the East and from those parishes extending to Westgate And to do all things therein according to the Custome of the Marsh and the Law and Custome of this Realm Tâ—e next year following had Sir Rog. Fenys Knight Richard Dalyngrugge Esquire Iohn Faukes Clerk Iohn Denysh Esquire Edmund Mille and Adam Iwode the like Commission for those banks c. betwixt Hastyngs and Bexele within the Towns of S. Leonard Holyngtone Millynge Bexele Croweherst and Bulwerhithe and to proceed therein as the last Commission directed In 33 H. 6. Richard Abbot of
of Sewers wherewith I have met in our publick Records is in 32 E. 1. which was directed to Robert de Clare Gilbert de Bere and Master Gereberd who were thereby assigned to view and take order for the repair of the Banks Ditches Gutters and Sewers in Brentmershe Pederham Wringemershe and Saltmershe and to clense the Gutters Chanels in such sort as that the streams as well of the fresh water as salt might have thenceforth their right and antient course in all those places In 2 E. 2. Matthew de Furneaus and Will. de Burne were constituted Commissioners in like sort for all the Banks c. in general both upon the Sea-coasts and elswhere in this County The like Commission in 4 E 2. had Iohn Randolf Iohn the Son of Tho. de Beauchamp Will. de Burn. So also in 9 E. 2. had Iohn de Meryet Richard de Rodeneye and Iohn de Clivedone In which year likewise Iohn Randolf Will. de Harden Iohn de Westcote and Richard de Rodney were appointed to enquire of the breach of the Banks and Ditches of Iohn de Goddeleigh Dean of Wells in the lands belonging to his Deanery at Merk in this County which very antiently in the time of his Predâ—cessors had been raised for the preservation of the lands of the same Deanery Modesse Wodmore and Bydesham against the power of the fresh waters which descended by a certain Chanel in the said Town of Merk towards the Sea And also of certain Sluces of the said Dean in his said Town of Merk built for the evacuation of water in floud times which Sâ—uses were then broken down by Philip de Columbers Robert de Brente Iohn his Brother and others The like Commission was then directed to the said Iohn Randolf and the rest to enquire of the breach of the Banks câ— of Iohn Bishop of Bathe and Welles in the lands of his Bishoprick at Blakeford neer Merke before-specified Many other Commissions for the view and repair of the Sea-banks and others in this County were afterwards granted to several persons viz. in 10 E. 2. to Iohn de Beauchamp Will. de Burne and Iohn de Fosse In 18 E. 2. to Iohn Randolf Elias de Godele and the said Iohn de Fosse In 19 E. 2. to Iohn de Clyvedon Hugh de Langelond and Elias de Godele In 20 E. 2. to Iohn de Mohun and Iohn Randolf In 3 E. 3. to Iohn Inge Hugh de Langlond and Peter Coleswayn for those Banks betwixt Bristoll and Muchaney In 14 E. 3. to Richard Lovel Henry Power and Roger de la Walle for those in Brentmershe betwixt the Town of Stert and Burcle in length and Wollavyngton and Hegh brugge now called High bridge in bredth In 17 E. 3. to Richard Lovel Iohn Inge Iohn de Mere and Henry Power for those betwixt Bristoll and Dunstere and the parts adjacent So also in 22 E. 3. to Iohn Inge Iohn de Clyvedon Henry Power and Adam Bret. In 25 E. 3. to Sir Iohn de Clyvedon Sir Iohn de Seintlo Knights Iohn de Somerton and Nicholas de Ledrede for the Banks in divers parts of this County In 32 E. 3. upon a pleading occasioned by an Indictment against the Dean of Welles and Richard de Cogan and their Tenants for the not scouring the Watercourse neer Hakmede and Holimede and against the Dean alone for two Sluses called Netherpound and Southerpound and for a Floud-gate called Hakewere they were then acquitted In the same year Mathew de Clivedon Sir Iohn de Clivedon Knight Sir Walter de Paveley Knight and others were assigned to view and repair the Banks c. betwixt Bristoll and Taunton and betwixt Bruton and Severne In 34 E. 3. Sir Richard de Acton Sir Iohn de S. Lo Knights and others had the like assignation for the Banks betwixt Bristoll Martok and Taunton and betwixt Bruton and Severne In 36 E. 3. Sir Richard de Diton Knight Walter de Aldebury Sir Iohn de Seintlo Knight Mathew de Clivedon and others had the like for those at Bristoll Mertok and Taunton as also at Welyngton Dunsterre Bruton and Severne So also in 1 R. 2. had Sir Richard Acton Knight Henry Percehay Sir Iohn de la Mare Knight Sir Iohn L'orly Knight Robert Syddenham Robert Cheddre and Iohn Panet In 2 R. 2. Sir Iames de Audeley Knight Lord of Hely Sir Will. Botreaux Knight Sir Henry Percehay Knight Sir Richard Acton Knight Walter Clopton and others were constituted Commissioners for the view and repair of the banks c. in Brentmershe and Wryngemershe and in other places upon the Sea-coast and water of Severne betwixt Bristoll and Dunsterre After this divers Commissions for the Banks Ditches c. in general throughout this County were issed out viz. in 5 R. 2. to Sir Maurice Wyth Sir Will. de Bonvile Sir Iohn Weyland Knights Richard de Sydenham and Iohn Manyngford And in the same year to the before-specified Sir Iames de Audeley Sir Guy de Bryan Sir Will. Cogan Sir Iohn Trivet Sir Iohn Rodeney and Sir Iohn de la Mare Knights Iohn Cary Will. Cary Iohn Domere and Iohn Barre By virtue of which Commission the said Sir Guy de Brien Sir Will. Cogan Sir Iohn Tryvet Sir Iohn Rodeneye and Sir Iohn de la Mare Knights Iohn Cary Iohn Domere and Iohn Baree met at Bridgwater on Monday next after the Feast day of S. Margaret the Virgin where the Shireeve of the County having received the said Kings Precept to that purpose caused xij honest and lawful men within his liberty to appear viz. Iohn Ivethorn Iohn Eyr c. who did upon their Oaths present that there was a certain bank called Southlake Wall lying betwixt the Path and Tutte yate trees in Weston by which divers Watercourses called Runes were obstructed by the Abbot of Glastonbury and his Tenants insomuch as the said water overflowed and drowned the Meadows and Pastures of many men to the damage of the whole Country and that the said Abbot and his Tenants ought to reform the same And they also said that there were in the River of Peret two VVeres called Tappyng Weres whereby the course of the water was straitned which ought to be amended and removed by the Abbot of Glastonbury and Bishop of Winchester And that there was a certain pleck of Osiars at Tutte yate in Weston appropriated by the said Abbot and his Tenants by which the water course was straitned and stopt to the damage of the Country and that it ought to be amended and totally removed by the said Abbot and his Tenants Whereupon the said Abbot and his Tenants constituted Iohn Panes and Iohn Fitelton their Attorneys to answer to this chardge By another Inquisition taken at that time before the said Justices upon the Oaths of Iohn Strache and others
was amended at the time of the presentment made and long before as the said Abbot and his Tenants of UUythies had also pleaded And as to the Trees growing athwart the River at Monketon they said that they did grow above those Mills â—here boats never came nor ought of right to come as the said Abbot had also pleaded And touching the pleck of Osiars they said that the same nusance was amended and totally removed as the Tenants of the said Abbot had also pleaded And as to the ground in Monketon appropriated by the said Abbot his Servants and Tenants by planting of VVillows and other Trees thereon they likewise said that the said nusance was also amended and totally taken away as the said Abbot had alleged Upon all which considerations it was determined that the said Abbot and his Tenants and Servants excepting the before-specified amerciaments should be dischardged In 11 R. 2. there was another general Commission directed to the Abbot of Glastonbury Nicholas de Audley Guy de Brienne and others for the view and repair of all the banks Ditches c. in this County In 2 H. 4. Sir Peter Courtney Sir Humfrey Stafford Sir William Bonville Sir Thomas Brooke Knights Iohn Strech and Iohn Manyngford were appointed to view and repair the banks c. at Bristoll Mertok Taunton Yevelchestre Welyngton Dunsterre Bruton and Severne and in all places betwixt Bristoll and Dunsterre and betvvixt Bruton and Severne to do all things therein according to the Law and Custome of this Realm In 6 H. 4. the Master of S. Marks House in Bristoll was dischardged from the repair of the Bridges scouring of the Ditches and making of Sluses in the Towns and places of Powlet Combwich Pyriton Huntspill and betvvixt Blakbrig and Purytonbrugg as also from the clensing the Chanell called Hyburne and likewise that which goeth from the Town of Cork running to Hyburne betwixt the Mannour of Stokeland which belonged to the said Master and the Mannour of Wyke which was the Lord Poynings And likewise for the Sluce of Thele for shutting out the Sea-water and moreover for the stone bridge in the VVarth of Wyke In 5 H. 5. Sir Will. Botreaux Knight Thomas Chaucer and Richard Chedder Esquires Iohn Stourton William Sparow and Iohn Gregori of Bruton were assigned to view and repair the banks betvvixt the Cities of Bathe and Bristol and from Yilcestre Lamport Briggewater and Taunton and to proceed therein according to the Custome of the Marsh and the Law and Custome of this Realm The like assignation in 2 H. 6. had N. Bishop of Bathe and Welles Sir Will. Botreaux Sir Thomas Stowell Knights William Westbury Iohn Warre Iohn Stourton and Iohn Beaf for the banks in Brentmershe Wryngemershe and Pouldon and to do all things therein according to the Law and Custome of this Realm As also to take so many Labourers upon competent wages to be imployed therein as should be requisite in regard of the great necessity of expediting the vvork So also the next year following vvere Sir Thomas Broke Knight Richard Cheddre Esquire Iohn Marchant and William Newetone for those betwixt Yevelchestre Burneham and Welles and to act therein and imprest Labourers as aforesaid And in 33 H. 6. Sir Thomas Seymour Knight Robert Warre Esquire Alexander Hody Roger Fitz Iames Iohn Sidenham junior Iohn Porter and William Bodesham had the like appointment for the banks c. betvvixt the Town of Langeport-Estoner on the East side and the Town of Thurlokeston on the West as also betvvixt the Tovvn of Cory-Malet on the South part and the Tovvn of Briggewater on the North and to make Lavvs and Ordinances therein and to proceed in all things touching the same according to the Lavv and Custome of Romeney Marsh. And in 3 E. 4. Richard Chokke Sir Theobald Gorges and Sir Walter Rodeney Knights Iohn Fitz Iames senior and Robert Stowell Esquire had the like for the Banks c. from Ryngwelle to Haylake Yoo thence to Shestrygge Yoo thence to Colestoke and thence to Blakstake in the See and to proceed therein as abovesaid Thus much for the Commissions I next come to the Watercourses of Brent marsh and who did antiently repair them The Lord of Bageworthe ought to repair the Chanel from Blakelake unto the Sea And the Lord of Bitesham that from Winesbrugge to the Sea Philip the Son of Corbin that from Winesbrugge to Blakelake Hugh the Son of Auger and the same Philip from Hengestes mere to the Sea The second course from Hengestesmere to the Sea the same Hugh the son of Auger and the third course from Hengestesmere to the Sea Raph de Seinbarbe From the mouth of Mere to the Sea the Church of Glastonbury and from another part from Blakeswelleshevede to the Sea the Church of Glastonbury From Schipperide to Wakefen the Dean of Welles and so from Wakefen to the Land of Robert de Ewyas Lord of Hewisch and from Brodecrofte to the Mill of Geffrey Lord of Burham From Thipride to Baggepole the Dean of Welles and Lord of Blakeforde Also from Baggepole to Watebrok the said Lord of Blakeforde From Wathebrok the Dean of Welles upon his own Land and Robert de Countvile also for as far as his Land extended After him the Lord of Alnodestone beyond Aldodestone were beyond Wereham Bagerde superior and inferior to the Sea So also from Bethepulle unto the Land of Chalftone and from Ewendone and Chalftone unto Cosingtone and from Cosingtone to Honispel and thence to the Sea Sedgmore There is also in this County a large Fenny plain which being covered with water for the most part of the VVinter and in Summer affordeth nothing but Rushes Reeds and Sedge hath thence the name of Sedgmoore Over this level there is a fair Causey of stones and gravel from Somerton to Bridgwater about eight miles in length antiently made by one of the Abbots of Glastonbury as tradition saith which still bearing his name is called Graylock's fosse I do not find from the authority of any Records or other credible testimony that there was ever any endeavour used for the improvement of this Moor by drayning till of late dayes that King Iames of blessed memory making title to the soyl resolved to do it But as in most other places there be a perverse generation of people who of themselves are not content to sit still but will hinder others that would promote such laudable works for the publick good so was it here for divers there were that made opposition thereto But after a Bill exhibited in the Exchequer those opponents and the rest of the owners of the adjacent Lordships commoning with their Cattel upon this Moor discerning that they could make no justifiable claim to the soyl offer'd to assign unto the King four thousand Acres in lieu of his right thereto and to lay out the residue being nine thousand five hundred twenty and two Acres unto those their
in the VVapentakes of Mauley and Coryngham and in the Soke of Kirketone in the said County of Lincolne and in the Soke or Hundred of Basâ—tlawe in this County And to make Statutes and Ordinances therein consonant to the Laws of this Realm and the Laws and Customes of Romeney marsh and to do all other things touching the same according to the Law of this Realm and the said Customes of Romeney marsh As also to imprest so many Labourers upon competent wages to be imployed in the said work as should be needfull considering the great and urgent necessity for the speedy accomplishment thereof The like Commission in 14 E. 4. had Thomas Bishop of Lincolne Will. Lord Hastyngs Sir Iohn Scrope of Bolton Knight Sir Robert Markham Knight Iohn Stanhope Gervase Clifton Robert Willughby Thomas Molineux Thomas Nevill and Iohn Metheley for the view and repair of the Banks and Sewersâ— from Broughton-Sulny unto the River of Devene in this County and from Feldyke in Bingham unto the said River of Devene as also by and about the same River from the County of Leicester beyond Kilvyngton unto the River of Trent in this County And to proceed therein as abovesaid So also in 22 E. 4. had the same Archbishop and most of the before-mentioned persons But farther touching the Fens in this County I have not seen other than what a Law of Sewers made at Stockwith 14 Aug. 5 Caroli mentioneth which is that whereas Iohn Lyens and other Dutch men had undertaken to the King and his privy Council to drayn the Carrs and Marshes in the Lordship of Hatfield in the County of Yorke Axholme in the County of Lincolne and other great Carrs in this County of Notingham and had made divers great Rivers and drayns to that purpose it was decreed that for the better conveying away of the waters one Sluce should be erected on Bikersdyke within the Parish of Misterton at a place lying over the bridge called Bleesford bridge and to make a cut over the common grounds called Bleesford to Mifterton firm grounds And that whereas the said Iohn and his Participants became undertakers for the drayning of certain Carr grounds in Everton in this County of Notingham in consideration thereof they were to have to them and their heirs and assignes for ever five hundred Acres of land laid out from Everton inclosures all along by Gryngeley bank side unto the Tofte Carr banke or New bank to be set out by Surveyors chosen on each part CAP. XXVII BEing now come into Lincolnshire I shall first begin with the Isle of Arholme which for many ages hath been a Fenny tract and for the most part covered with waters but more antiently not so for originally it was a woody Country and not at all annoyed with those inundations of the Rivers that passed through it as is most evident by the great numbers of Oak Firr and other Trees which have been of late frequently found in the Moor upon making of sundry Ditches and Chanels for the drayning thereof the Oak Trees lying somewhat above three foot in depth and neer their roots which do still stand as they growed viz. in firm earth below the Moor and the bodies for the most part North VVest from the roots not cut down with Axes but burnt asunder somewhat neer the ground as the ends of them being coaled do manifest Of which sort there are multitudes and of an extraordinary bignesse viz. five yards in compasse and sixteen yards long and some smaller of a greater length with good quantities of Akorns neer them and of small Nuts so many that there have been found no lesse than two pecks together in some places But the Firr Trees do lye a foot or eighteen inches deeper of which kind there are more than of any other many of them being above xxx yards in length Nay in the year 1653. there was a Firr pole taken up by one Robert Browne of Haxey of xxxvi yards long besides the top lying neer the root which stood likewise as it grew having been burnt and not hewed down which tree bore at the bottome ten inches square and at the top eight About xx years since also in the Moors at Thurne neer five foot in depth was sound a Ladder of Firr of a large substance with about xl staves which were thirty three inches asunder but so rotten that it could not be gotten up whole And in Haxey Carr at the like depth a Hedge with stakes and bindings The truth is that there are so great a number of Trees thus overgrown with the Moor through a long time of stagnation by the fresh waters in these parts that the Inhabitants have for the space of divers years last past taken up at least two thousand Cart Loads in a yâ—ar As to the time when this woody Level which extends it self into Dikes mersh and Hatfield Chase in Yorkeshire became first thus overflowed I can say nothing there being not any memorial thereof transmitted to us from the light of History or Records but that it hath been so for divers hundreds of years the depth of the Moor doth sufficiently manifest which could not in a few Ages grow to that thicknesse it is of Howbeit as to the occasion thereof I may rationally conclude it to have been through the muddinesse of the constant tides which flowing up Humbre into Trent did in time leave so much silt to obstruct the currents of Idle Done and other Rivers that having not their free passages as formerly they flowed back and overwhelmed that flat Country with water insomuch as the high ground became an Island as it is still we see called and a place so defencible in respect of the spaciousâ—esse and depth of the waters environing it that Roger Lord Moubray an eminent Baron of this Realm in K. Henry the second 's time and then Lord thereof adhering to young Henry upon his â—ebellion in those dayes repaired hither and fortified an old Castle which had been long ruinous for reducing whereof to the Kings obedience the Lincolnshire men having no other accesse thereto transported themselves by shipping in the year 1174 20 H. 2. So likewise in 50 H. 3. after the battail of Evesham wherein the rebellious Barons were discomfited some of them fled hither as to a place of security for the reasons above expressed But after that time it was not long ere the Inhabitants of these parts imitating the good Husbandry of those in other Countryes who had by banking and drayning made good improvements in such Fenny places did begin to do the like here For in 1 E. 3. I find that Robert de Notingham and Roger de Newmarch were constituted Commissioners to view and repair those Banks and Ditches as had been made to that purpose which were then grown to some decay So also were Iohn Darcy of the Park Roger de Newmarch and Iohn de Crosholme Several other Commissions there were
thereupon In the same year also Will. Lord Wilughby Raphe Crumwell Philip Spenser Robert Tirwhit and Robert Cumberworth were appointed to view and repair the Banks and Sewers betwixt Grymesby and Waynflete and to do all things therein according to the Law and Custome of this Realm and the Custome of Romney marsh The like appointment the next year following had the said William Raphe and Philip with Richard Muriell and Albine de Endirby for the same Banks and Sewers and direction to proceed therin according to the Law and Custome of the Marsh. In which year I find it presented that the Sewer called the Ea ought to be repaired from the West end thereof unto the Sea by VValter Athall Fermour of the Duke of Lancaster's â—ishing and VValter Ranson Fermour of the Lord of Dalbye's fishing And that the South-west bank of Lusdyke ought to be repaired by the village of All Saints in UUaynflete As also that the Chanel of Lusdyke from Stordyke unto the Eas end ought to be repaired by the same village And that the Ea from the VVest end thereof unto Normandeepe ought to be repaired by the Fermours of the fishing belonging to the said Duke and to the Lord of Dalby In 1 H. 4. Henry Earl of Northumberland Sir Will. de Wilughby Sir Walter Pedwardyn and Sir Iohn Rochefort Kts Robert Tirwhit Will. Michel and Albine de Enderby had Commission for the view and repair of those Banks and Sewers betwixt Boston and Friskeney with power to hear and determine all things therein according to the Law and Custome of this Realm and the Custome of Romeney marsh and to take so many Diggers and other Labourers upon competent wages in respect of the great and instant necessity as they should think requisite to be imployed in the said work Other Commissions of the like kind were shortly after directed to sundry persons viz. in 6 H. 4. to VVill. de VVylughby Iohn de Rocheford Rob. Elkyngton VVill. de Ludington Thomas Somercotes Thomas de Enderby Iohn Symons and Robert VVhite for those within the precincts of UUrangle to Barton upon Humbre with appointment to proceed therein according to the Law and Custome of this Realm and so likewise in 7 H. 4. to the same VVilliam Iohn Albine de Enderby VVill. de Ludington and others In 9 H. 4. to VVill. Lord VVylughby Sir VValter Talboys and Sir Richard Haunserde Knights Robert Tirwhit Will. de Lodyngton Will. Michel and Thomas Enderby for those betwixt Boston and Trent In 10 H. 4. to Sir Will. de Wylughby and Sir Iohn de Rocheford Knights Will. Lodyngton Thomas Wace Richard de Bradlay and Will. Boleyne for those betwixt Boston and Skegeneys and in divers towns and places within the Sokes of Bolyngbroke and Horncastre with direction to proceed therein according to the Custome of the Marsh and the Law and antient Custome of this Realm In 11 H. 4. to Robert Tirwhit Sir Iohn Rocheford Knight Robert Waterton Iohn Waterton Iohn Skipwyth Will. Lodyngton Richard Tournay Richard Bradley and Thomas Wace for those betwixt Boston and Friskeney and to act therein according to the Law and Custome of this Realm and the Custome antiently used in that place In 12 H. 4 to Robert Lord Wylughby Sir Thomas Wylughby Kt. Robert Tirwhit Robert Waterton and others for those betwixt Boston and UUaynflete with appointment to do all things therein according to the Law and Custome of this Realm The like Commission the same year had Rob. Tirwhit Sir Richard Haunsard Knight Will. Lodyngton Nich. Tournay Thomas Claymond Henry Morley Iohn Skipwith and Robert Feriby for those Banks and Sewers from Littulburgh all along the River of Trent to Humbre and from Bishops brigges on the River of Ancolme to Humbre So also had Thomas VVace Richard Bradley and others for all the Banks and Sewers throughout this whole Province of Lindsey as also for those betwixt Boston and Friskeney before whom sitting at Bullingbrooke on Friday being the Feast day of S. Ambrose the Jurors presented upon Oath that it would be fit for the preservation of the Eastfenne that the Dam of Waynflete be shut throughout the whole year that the salt water being kept out of the wash the grasse and weeds growing therein might be totally destroyed and to be thus stopped up by the towns of the Wapentake of Bullingbroke and the Inhabitants of UUrangle Leake Leverton Benington Butterwik Freston and Tofte in such sort that the water descending from the mountainous parts of Lindsey and running into a certain Sewer called Lusdyke in Lindsey viz. in Thorpe UUainflete and Stepinge should be so kept within the bounds of a certain trench that it might not enter into the said Washe of the Est fenne but keep it course to the Haven of UUaynflete and thence to the main Sea In 13 H. 4. the King by his Attorney impleaded Will. Leveryk of Irby and Isabell his wife for making of a Ditch in a certain place in UUaynflet called Hall dale by means whereof four Sewers which passed the fresh waters from Bullingbroke and other Towns adjacent in Est fenne and UUest fenne became obstructed to the prejudice of the said Kings fishing there and the overflowing of four Acres of his said land In 1 H. 5. Robert Tirwhit Sir Richard Haunsard and Sir William Frank Knights Thomas Enderby Richard Hawe and Simon Louthe were constituted Commissioners for the view and repair of the Banks Sewers and Ditches from Wytherne to the Sea and betwixt Saltfletby and Trusthorpe and to do all things therein according to the Law and Custome of the marsh Divers other Commissions to the like purpose were shortly after directed to sundry other persons viz. in 6 H. 5. to the same Rob. Tirwhit Will. Lodyngton Tho. Cumberworth Roger Flore Thomas Enderby Thomas Somercotes Iohn Kyme and Iohn Langholme for all the Banks and Sewers in this Province of Lindsey In which Commission they had direction to proceed according to the Law and Custome of this Realm In 1 H. 6. to the same Robert Tirwhit Thomas Santone Robert Feryby Robert Wasselyn Henry Morlay and Thomas Belwode for those betwixt the Rivers of Trent and Ankholme wherein they were to act according to the Custome of the Marsh and the Law and Custome of the Realm In 4 H. 6. to Sir Robert Wylughby Sir Raphe Crumwell Sir William Crumwell and Sir Raphe Rochford Knights Walter Talboys Robert Tirwhyt Iohn Kyme Richard Hawe and Iohn Veere for all the Banks Ditches and Sewers throughout this coast of Lindsey In 6 H. 6. to Iohn Beaumont Sir Will. Tirwhit Knight Iohn Ellerker Robert Feryby Iohn Tourney and others for those betwixt Grymesby and Burton Stather In 9 H. 6. to Sir Robert Wylughby Sir Raphe Crumwell and Sir Raphe Rocheford Knights Iohn Ellerker Walter Talboys and others for all within this whole Province of Lindsey
with directioâ— and power to make Laws and Ordinances for the safeguard and preservation of the Sea-coasts and Marshes of the same and of the adjacent parts consonant to the Laws and Customes of Romeney marsh and to hear and determine of all things touching the same according to the Law and Custome of this Realm and the Custome of the said Marsh As also to imprest so many Artificers and other Labourers for that work upon reasonable salaries as they should deem necessary to imploy therein considering the great and urgent necessity to hasten the same The like Commission in 11 H. 6. had the said Sir Robert Wylughby Sir Iohn Beaumont Sir Raphe Cromwell and Sir Thomas Cumberworth Knights Iames Strangways Iohn Ellerker and others In 12 H. 6. it was found by Inquisition that the Haven of Waynflete ought to be repaired by the Tenants of the Duke of Lancaster and the Lord of Dalby And so likewise the Ea from that bridge which is towards the Church of All Saints towards the Dam. And in 15 H. 6. I find that there was an allowance of xxijl. iiijs. ixd. for the repair of that Haven whereof the Lord of Dalby for his third part allowed vijl. viijs. iij d. and the Lord of Bullingbroke xijl. iijs. ij d. over and above Liijs. iiij d. to be paid by the Bayliff upon agreement At which time it was likewise presented that the said Haven of Waynflete from the Dam unto Lymgreynes and thence to Norman dâ—epe ought to be repaired by the Lords of Bullingbroke and Dalby In 17 H 6. at a Session of Sewers held at Louthe upon Saturday next after the Feast of the Epiphany before Richard Haghe and Iohn Langholme with their associates then in Commission for the view and repairs of the Banks Ditches and Sewers in these parts there was a presentment exhibited by the Jurors shewing that it would be most profitable and necessary for the drayning and evacuation of the superfluous water from the North Common of Wynthorpe towards the Sea that there should be made one new and competent Sewer in that common extending it self from Tonlond gate in Wynthorpe unto a certain Sewâ—r there called the Old Sewere and so descending towards the North unto the Fee of the Dutchy of Lancaster called Fivescore acres in Ingoldmels thence towards the East into a certain Sewer there called the Old Sewer where it would be commodious and expedient for the conduct of the superfluous water towards the Sea to make a new Gutter in that very place where the Chanel called the Old Gote in Ingoldmels was unto the said Old Sewer and so descending to the Fee of the Lord Wylughby and Sir Iohn Gryffith Knight called Redelandes in Skâ—gnes and thence into a certain Sewer called the Old Sewer in Skegnes to the Sea And that the said Sewer and Gutter ought to be made and afterwards repaired by all those who had lands or Tenements in the North Common of Wynthorpe and the North Common of Skegnes in respect of what they enjoyed in those places that is to say every one according to the number of his Acres there and by the Land-holders of Fivescore Acres in Ingoldmels aforesaid viz. every man according to the number of his Acres there The Shireeve therefore of this County was commanded to summon all the said Land-holders in the said places called the North Common of Wynthorpe and the North Common of Skegnes and likewise in the Fivescore Acres in Ingoldmels before-mentioned to appear before the above-mentioned Commissioners at Louthe upon the Monday before Palme Sunday then next ensuing to shew what they could say for themselvs why they ought not to make and repair those Sewers according to the form of the before-specified Presentment At which day Robert Etton then the Kings Attorney came to Louthe aforesaid but the said Shireeve not receiving his Precept soon enough could not summon those Land-holders to be there as abovesaid therefore he was required to give them warning to appear at Burwell on the Monday in Whitson week then next following which he did do accordingly but none of them came the Court therefore ordered that the before-specified Sewers and Gutter should be made repaired by all the said Land-holders at their own proper costs and chardges according to the form of the same Presentment In 22 H. 6. Sir Robert VVylughby Sir Leon Welles and Sir Raphe Cromwell Kts Robert Sheffield Iohn Langholme and others were constituted Commissioners for the view and repair of all the banks c. in these parts of Lindsey and to determine all things therein according to the Custome of the Marsh till that time used and approved and according to the Custome of this Realm In 24 H. 6. Iohn Viscount Beaumont Sir Raphe Cromwell Sir Thomas Cumberworth and Sir VVilliam Tirwhit Knights Iohn Tailboys Richard Waterman Robert Sheffield and others had the like Commission for the view and repair of all the Banks Ditches and Sewers in the Wapentakes of Yarburgh Mauley Coryngham Weâ—le Lanres Haslokhowe and Walsh croft within this Province and to make Laws and Sâ—atutes proper for the same consonant to the Laws and Customes of Romeney marsh As also to do all things therein according to the Law and Custome of this Realm and the Custome of that Marsh And to take so many Labourers upon competent wages to be imployed in the said work as should be necessary for the same considering the great necessity of expedition to be used therein Many other Commissions for the Banks and Sewers aswell throughout this whole Province as in sundry places therof were afterwards issued out to several persons of the superiour rank in these parts viz. in 29 H. 6. to Sir Robert Wylughby Sir Leon Welles and Sir Raphe Cromwell Knights Richard VVelles Esquire Iohn Taylboys Rich. Waterton and others for those Banks c. throughout this coast of Lindsey with direction and authority to proceed therein as abovesaid So likewise in 31 H. 6. to Iohn Viscount Beaumont Sir Leon Wellys and Sir Raphe Cromwell Knights Iohn Tailboys and others As also to the said Iohn and Raphe with Sir Hugh Wythom Knight Richard Bedyngton and others for those within the Precincts of Skegney Dodyngton-Pygote and Tyd-gote in this County In 34 H. 6. to the said Iohn Viscount Beaâ—mont Iohn Taylboys Richard Waterton Robert Sheffield and others for those in the Wapentakes of Yarburghe Manley Coryngham Welle Laures â—aslokhowe and Walshcrofte in these parts of Lindeseye In 35 H. 6. to the said Iohn Sir Richard Welles Lord Wylloughby Iohn Taylboys Robert Sheffield Richard Benyngtone of Boston and others for all those throughout this whole coast The like Commission in 2 E. 4. had Sir Humfrey Bourchier Lord Cromwell Sir William Skipwith Knight Thomas Burghe Thomas Blount Iohn Whichecote and divers others In 6. E 4. to Richard Pynchebek Richard Welby Iohn Pynchebek Thomas Meres Leonard
Thornburgh and others for those Banks and Sewers from Skegnes and Dodyngton-Pygot to Tyddegote In 7 E. 4. Thomas Kyme of Friskeney and others had the Port of Waynflâ—te to ferm with Market and Wind-mill as also the Court of the said Market and Haven and fishing within the same paying xxl. yearly and supporting all chardges belonging to the said Haven Mill and fishing In 49 H. 6. Iohn Bishop of Lincolne George Duke of Clarence Richard Earl of Warwick and Salisbury Sir Humfrey Bourchier Lord Cromwell Sir Gervase Clyfton and Sir Will. Skipwith Knights Robert Taylboys Esquire and others had Commission for the view and repair of all the Banks and Sewers throughout this whole Province The like Commission in 12 E. 4. had Sir Richard Hastyngs Sir Thomas Burgh and Sir Will. Skipwith Knights Robert Taylboys Robert Ratclyf and others So also the same year had Thomas Prior of Spaldyng Richard Welby Leonard Thornburgh Richard Pynchebeck Iohn Bolles Robert Dokkyng and others for those from Dodyngtone-Pygot to Tyd-gote and thence to Skegnesse By all which Commissions since 6 H. 6. power was given to the persons before-mentioned and their associates to act therein according to the Custome of Romeney Marsh as abovesaid In 4 E. 6. VVilliam Lord VVilloughby of Parham Sâ—r Edward Dymok and Sir Iohn Copeldyk Knights George S. Poll and others Commissioners of Sewers by a Decree made at Wrangle on the first day of September ordained that the Inhabitants of the Soke of Bullingbroke together with Sir VVilliam Brereton Knight the Lord of Dalby and the Kings Fermour of his fishing at Waynflete and all others drayning thereby should clense scour and dyke the Haven of Waynfleâ—e from the AE end unto the Sea in bredth xxij foot at the top and in the bottome xiij And in depth from the Chanel downwards three foot to be done before the Feast of S. Peter ad Vincula then next following And that a sufficient Gote or Clow set up at the outer end of the same Haven for stopping of the salt water out of the North part thereof should be made there at the costs of the Inhabitants of the said Soke the Lord of Dalby and the Kings Fermours of his fishing there And moreover that an old Gote anâ— Dreyner called Symond's gote extending in length from the deep of the East Fen unto the Fen bank and from that Fen bank to the Sea which was then decayed for lack of scouriug should be sufficiently clensed So likewise the Dyke and Sewer extending from the Deep of the Fen unto the Fen bank Also that there should be two Gotes made of the said Drayner and Sewer the one at the Fen bank and the other at the out end of the Sea at the costs of the Inhabitants of the said Soke and the Inhabitants of such towns and the Landlords therein who had before that time been chardged betwixt the Fen bank and the deep of the said Fen and all to be done before Martinmasse then next ensuing And farther than this wherein I have given instance I shall not descend to any more particulars till the time of Queen Elizabeth that Thomas Quadring Hamond Upton Thomas Marsyngberd and others then Commissioners of Sewers sate at Partenay on the 22th day of Iuly in 2 of her reign for the setling of all things touching the repair of the Banks and Ditches in this Provicne before whom the Jurors then presented that there was one Sea-bank new made in Skegnes to begin at a place called Ranson hyrne and to be xl falls in length from the North end of the said Ranson hyrne towards the South and so to be joyned and closed unto the old bank which said Sea-bank to be fifty foot in the skirt fourteen foot broad on the top and xij foot in height and to be made by the Land-holders in Skegnes aforesaid And they likewise at that time presented that the old Sea-bank ought then to be repaired for it's better withstanding the rage of the Sea Also that another new Sea-bank should be new made within the limits of Skegnes aforesaid from one slaver there wâ—ich goeth up the lands late belonging to Charls Duke of Suffolke unto the South end of the Gild Hall which new bank to be xx falls in length and to stretch from the said Gild-Hall to the old Bank and be made by the said Land-holders Likewise that the old Sea bank in Skegnes called the Haven bank should be repaired where defect was Also that Wainflet haven being defective for want of scouring from the Crosse at the Eyes end into the Sea that being a necessary drayn for the Soke of Bullingbroke and heretofore diked and scoured by the Inhabitants thereof and to be done before the Feast of S. Iohn Baptist next following Moreover that a place there called Guddyke which leadeth from the Eyes end to the Fen be also scoured viz. two parts thereof by the said Queen or her Fermour for the fishing there and the third by the Lord of Dalby as had been accustomed And that a new Gote or Clow be set in Waynflet haven within ten falls of Thorpe and Waynflet Sea-gote and a Bank on the South side of the said Haven from the said new Gote unto the .......... and that the Inhabitants of the seven towns in Holland should be at the chardge of setting up the said new Gote in respect of their benefit of common in the East and VVest fenns Also that the Bank to be then made between the new Gote and Thorpe be done viz. three parts thereof at the chardges of Hamond Upton Esquire one of the Commissioners above-mentioned and the fourth at the chardges of Iohn Whiting Rob. Whiting and the bank on the South side of the Haven to be don by the Soke of Bullingbroke Likewise that a new Gote be set at the Fen Dyke bank to take in fresh water by it to be done by the Inhabitants of Waynflete S. Mary And another Gote called Dayles gote and another to be set fourscore falls beneath the old Sea Gote both to be done by the Land-holders in Waynflet S. Mary aforesaid And that a new Cryke of xxx foot wide and six foot deep be made from the said new Gote unto the old Gote and beneath the said new Gote another new Cryke made from the said new Gote unto the old Cryke to be done by the Lords and Land-holders in Waynflet S. Mary and on either side the said Cryke a sufficient Sea-Bank to keep out the flouds of water And they also presented that one petty Gote should be made in Crosse gate against nine Acres of Mr Dyghtons and another in Westgate against Thomas Harrysons Acre as also a spout in Hall gate another in Somergate and another in Acregate Likewise that a spout be made in Waynflete All Saints over the gate on the North side of Burflet at the chardge of the holders of the Lands which did drayn it And that another
them But within the sâ—ace of two years following they were all thrown down again and the stones carried away by the men of Kesteven Whereupon a Commission was granted and sate at Donington on Thursday next after S. Matthew's day in 17 R. 2. by Robert Lord Willughby and others to make enquiry and to punish the offenders sundry whereof were therefore hang'd some baniâ—hed and some fined in great sums and command given for erecting new Crossâ—s of stone at the chardge of these men of Kesteven In 10 H. 4. Iohn Earl of Somerset brother to the King Will. Lord Roos Robert de Tame Iohn de Holand de Welysthorpe with others were constituted Commissioners for the view and repair of all the Banks Ditches c. both upon the seacoast and elsewhere within this province of Kesteven and to proceed therein according to the law and custome of the Marsh there before that time used and the law and custome of this Realm In 7 H. 5. there was a Prâ—sentment exhibited against the town of Brunne with the hamlets of Dyke and Calthorp and against the Town of Morton and Hermethorpe for turning the fresh waters towards the North which ought to run Eastwards into the Sea But notwithstanding the boundaries betwixt these Provinces of Kesteven and Holand so set forth as hath been said I find that Margaret Countess of Richmund and Derby being Lady of Deping in 16 H. 7. did then procure a new Commission directed unto Robert Lord Willoughby Thomas Lord Rosse Thomas Lord Fitzwalter George Lord Hastings Iohn Lord Fitz Warren Sir Robert Dimock Sir George Taylboys Edward Stanley Christopher Willoughby and Reginald Bury Knights to hear and determine the controversy between the Inhabitants of the parts abovesaid Which was accordingly done by these Jurors viz. Sir Robert Hussey Knight Sir Iohn Digby Knight Sir Iohn Thimelby Knight Thomas Dimock Richard Thimelby Richard Harington Will. Erminâ— Will. Mounson Iohn Bâ—ssy George Asâ—â—â—y Robert Tirwhit Richard Cecill Iohn Bâ—llâ— William Fitzwilliam Iohn Folâ—ingham Will. Leigh Thomas Desney Richard Grantham Edward Askew George Mackwoâ—th Thomas Billesby Will. Thorold Will. Enderby and Iohn Walcot Esquires CAP. XLIII HAving now done with what concerns the Province of Kesteven alone I come to it and Holand joyntly whereof the first mention that I have met with is of the afforestation made by King Henry the first in these parts which continued not long for it appears that King Richard the first about the beginning of his reign by his Charter to the Monastery of Spaldyng of the Towns of Spalding and Hinchebec with the lands waters and Marshes to them belonging did acquit the Inhabitants of those places from all duties belonging to the Forest as also of Harts and Hindes with all other wild beasts and of all Forest Customes and exactions which had used to be there do â—e or required so that no Forester or any other might thereupon vex or disquiet them And moreover gave them License to make Banks and Ditches to inclose their Lands and Marshes as also to build Houses and exercise tillage as they themselves should think fit within these particular metes and bounds viz. betwixt the river of Wailand and Chelebeche in length and from Midfen dic which is the division betwixt these two Provinces of Kesteven and Holand and Gudramesend which is the boundary as far as Saltene in bredth and Hasmanespade as the said river of Wailand coming from Crouland descendeth to the Sea From this deafforestation abovementionâ—d I shall descend to King Henry the third's reign in whose time I find that there was a Precept directed to the Shireeve touching the partition of Hauthuntre-Fen by the consent of those that had right therein whereby the said King gave special command that each Town might have their due proportion thereof assigned to them but in the first place that a Perambulation should be made by the Oath of xij lawful and discreet Knights betwixt it and the Fen called Fenting fen viz. in length from the Town of Swinefheved to a little rivulet called Barkesmere and so from the Marsh of Stevening as Barkesmere goeth betwixt the said Fen called Hauthundrefen and the Marsh of Hale unto the river of Kime and so in length by the said river of Kime to Dockesdike and from thence by the water Wuna to certain land of Boston And that so soon as the said Petambulation should be thâ—s accomplisht then to make partition of the before mentioned Fen by the Oaths of those Knights in such sort as each Town might have an assignation of their particular share to dispose and make improvement of the same according to their own best liking After this viz. in 44 H. 3. the King then directing his Precept to the Shireeve of this County whereby taking notice that not only the Landholders in those parts but himself had suffered inestimable damage by the overfloâ—ing of the Sea and likewise of the fresh waters through the default in repâ—ir of the Banks Ditches Gutters Bridges and Sewers in the lands which lately belonged to William Longespe in these parts of Kesteven and Holand he commanded the said Shireeve forâ—hwith to distrain all such Landholders who had safeguard by those Banks and Ditches and ought to repair them according to the proportion of their lands to the end that they might be speedily repaired in such sort as they ought and had used to be And in 23 E. 1. Adam de Crokedayk and W. Inge were constituted Commissioners to view the Banks Ditches and Sewers in these Provinces and to see that the currents of fresh waters in the Marshes thereof might have their due and antient passages as they had wont to have In 9 E. 2. Lambert de Trekyngham Roger de Coppeldyk and Robert de Malberthorp being then constituted the King's Justices of Sewers for these parts sat at Boston upon the Tuesday next after the feast of the Exaltation of the holy Cross there to make enquiry by the Oaths of good and lawful men what persons of this County of Lincolne had used to repair and maintain the Banks Ditches Gutters and Sewers within the fens of Kesteven and Holand and other places thereabouts as also the floudgates by which the fresh waters that had used to run from the parts of Kesteven into the said Fens were hindred from so doing and by whom the said waters were turned out of their right and due courses as also in what sort Whereupon Sir Will. d' Autre Knight Iohn de Holand and several other persons of quality being sworn did upon their Oaths present That the Town of Danington ought and had used to repair the Causey of Holand with little Bridges and Ditches on each part of the same from the said Town of Donington to the new Ditch And from the said Ditch unto the Chapel of S. Saviours the Prior of S. Saviours to perform the like repair there being at that time great defects
ought to clense and scoure the Sewers of Stakesgraft Swynman dam and Swanelond so that the current of the water might not be hindred froÌ„ the fen to the Chanel which carrieth it to the Sea And they said that there was great necessity of a good Bank for preservation of the Fen betwixt Deping and Spalding from the House of Iohn the Son of Simon of Spalding to Wodelode to be made at the chardge of the Prior and Town of Spalding so that each aâ—re might be taxed alike and that no Hoggs might come neer that Bank nor any defensible Banks in any place of Holand nor the Sewers therein by the space of half a mile And they lastly said that all the beforespecified Ordinances were for the common benefit of the said Towns in Kesteven and Holand and that every Acre ought to be assessed alike in all taxes and costs for the necessary repair of the said Gutters Sewers Banks and Bridges In 25 E. 3. there was a Petition exhibited to the King and his Counsel in Parliament by those of these Provinces of Kesteven and Holand who resided in the Fenns shewing that whereas the antient boundary called Midfen dike and other metes which go through the said Fenns from the river of Weland to the stream of Withum which had wont to be the old limits betwixt these two Provinces as by certain Crosses of stone then continuing was very evident were at that time by reason of floods and other impediments so obscured that no certain knowledge could be thereof insomuch as great controversies and debates were occasioned betwixt the Inhabitants in those parts upon execution of the Kings Writs and otherwise the said King did therefore assign Saier de Rocheford Alexander Aunsell Simon Simeon Will. de Skipwith Thomas de Sibthorpe and Thomas de Levelance to take view of the said boundaries and to distrain all such persons for the scouring and clensing the same who ought to have performed that work After this divers years viz. in 41 E. 3. Godfrey Fuljaumbe Simon Simeon Walter de Campeden and others were appointed to view and repair the Banks Sewers and Ditches from Bardney ferry to Catebrig within the Province of Kesteven and within the Wapentak of Ellowe in the parts of Holand Upon a pleading in 3. H. 4. I find that on Will. Wyting of Deping was pardoned for the breaking down of two Crosses which had been set up betwixt these Provinces of Kesteven and Holand by five of the Kings Justices upon the said King's appointment In 3 H. 5. Thomas le Warre Robert de Wylughby Will. Lodingtone Robert Hagbecche Geffrey Lutterell Iohn Belle Iohn Henege and others were constituted Commissioners for the view and repair of the Banks Ditches and Sewers in these parts of Kesteven and Holand then in decay with direction to proceed therein according to the law and custome of this Realm and the Custome of Romeney Marsh As also to take such and so many workmen and Artificers upon competent wages as they should think fit to be imployed in that work in respect of the great necessity for expedition therein The like Commission in 5 H. 5. had Thomas Duke of Clarence Gilbert Umframvill William Lodyngton Iohn Cokayn Iames Strangways Thomas de la Launde and others and to act therein according to the custome of the Marsh and the law and custome of this Realm So also in 26 H. 6. had Iohn Viscount Beaumont Sir Robert Wylughby Knight Sir Raphe Cromwell Knight Sir Leo. Welles Knight Nich. Dixon Clerk Thomas Merys and others with direction to make Laws and Ordinances therein consonant to the Laws and Customs of Romeney marshe and to hear and determine of all things touching the same according to the Law and custome of the said Marsh As also to imprest Ditchers and other Labourers upon competent salaries and to imploy them in the said work as long as there should be occasion so to do in regard of the great and imminent danger which might by delays accrue In 7 E. 4. Richard Earl of Warwick Humfrey Bourchier Lord Cromwell Sir Henry Stafford Knight Sir Thomas Burgh Knight Oliver S. Iohn Esquire Will. Husee Will. Coote and divers others had the like Commission for the view and repair of all the Banks and Sewers c. from Staunford in this County to Dodyngton Pigot and from thence throughout these two Provinces to the Sea c. And in 34 H. 8. Charles D. of Suff. Rob. Dymmoke Tho. Heneage Iohn Copledyk Iohn Hussey and Rob. Tirwhit Knights Edw. Dymoke Ric. Themolby and others Esâ—uires then Commissioners of Sewers in these parts sitting at Donington decreed that the Floudgate or Sluse under Boston Bridge should be repaired at the chardges of the Wapentakes of Kyrton and Skirbek in Holand for the one half and the Wapentake of Ellow and Town of Boston for the other half to be performed before the Feast of All Saints then next coming in as compleat a manner as it had been formerly done by Margaret Countess of Richmund and Derby Moreover that two great Sewers xx foot wide and 5. foot deep should be made and digged in the divisions betwixt Kesteven and Holand from the most Western point at Gotheram coat corner neer the River of Glen unto Wragmere stake thence to the River of Wythom at Langrake where then lay a certain Sluse in the said River so as the said Sewer and Water-courses were noâ— above xxxvi foot one from the other until they come to Wragmere stake and that the menure should be cast betwixt the said Sewers to raise a firm Bank And from Wragmere stake both Sewers to run in one Chanel of xxx foot broad in a direct line leaving the division of those Countries to Gilsyke to go wholy in the Eight hundred Fen of Holand And that the said Sewers from the River of Glen to Wytham so intended from the South to the North should â—all into enter and go through all the loads and draynes in the Fenns aforesaid which came out of the parts of Kesteven to Hamond beck alias Holand Fen dyke to the end that all the water going together might the better run within its own Brinks and Chanels and the sooner come to the Sluse at Skirbek gote and the new Gotes by that decree intended And that those Sewers should be made in manner following and in places hereafter named viz. first from the said place called Gotheramscote unto Nestilholm corner by a right line on the outside of Nestilholme aforesaid where the Harth stede is and the limits divyding Holand and Kesteven and that the said Sewer should come as neer to the corner aforesaid as might be so that it enterd not into the Dyke of Nestilholm aforesaid And that the said Sewers should be made from the place to the place aforesaid on the Westside within the several Townships by the Inhabitants of Burne cum membris Moreton cum membris Haconby cum membris
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
Abbot did for the better drayning of the Province of Holand by his deed indented grant unto the said Country a certain Sewer directly running to the Sea through his own land by which means though the antient Sewer in another place became lesse than it had wont to be by reason of the non-usage thereof from the time that the said new Sewer was granted neverthelesse it remained at that time sufficiently open and the Sea did flow and eb by it and therefore it served sufficiently for a division because that antiently by the current of the fresh water as aforesaid and the checking thereof by the Sea which continued till that day it could neither be drayned or stopt And that beyond that boundary the said Abbot of Swynesheved and Sir Nicholas could not by the Custome of the Country for the reason aforesaid claim or chalenge any thing But at length after divers arguments to and fro therein used it was concluded that xij trusty men aswell Knights as others should be made choice of six on one side and six on the other to view the place in question at Michaelmasse then next following and make a final determination therein Whereupon the tryal at that Assizes was stopped and at the day appointed the said Abbot of Peterborough came himself in person to Gosbercherche together with Sir Iohn de Wylughby and other of his friends and Counsel And so likewise did the Abbot of Swynesheved but Sir Nicholas de Ry sent his Attorney Where the xij persons so chosen did take a view of the ground but not agreeing they departed without making any conclusion therein In order therefore to a legal tryal of the businesse in dispute the Justices of Assize appointed to sit again at Lincolne upon Saturday being the Feast of S. Thomas the Apostle At which time the before-specified Gilbert de Stanford and Iohn de Achirche together with Sir Iohn de Wylughby and others on the behalf of the said Abbot of Peterborough came thither But the adverse party having in the mean time obtained a new Assize being called upon the first Writs did not prosecute so that they were amerc'd the reason why they durst not then prosecute being because they could not have a full Jury out of the Wapentake of Kirketon of those whom they had laboured For Sir William Franc the then Shireeve of this County had at the special instance of Sir Iohn Wylughby and for xxl. which he had given him returned xviij of the most trusty men and of the best account within the three Wapentakes of this Province viz. Ellow Skyrbek and Kirketon who were essoyned upon the second Writs And upon the third Writ the principal persons of the said three VVapentakes were returned by Iohn de Hundon then Shireeve for ten Marks which he had given him Neverthelesse some of the said Abbot of Peterborough's Counsel excepted against those second VVrits because they were obtained whilst the first depended and the land in question put in view and therefore they desired that those their exceptions might be recorded protesting that they would more fully urge that exception upon the second day of the said Assizes they not being able to do it on that day because their adversaries had a day by Essoin and they desired that the panell upon the first VVrit might be reserved whereby it might appear whether the lands which were then enjoyed by those VVrits were put in view by the former VVrit others moving the contrary viz. that the said panell might be made void and no prosecution thereupon Besides the form of those VVrits was excepted against by reason of the privilege which the said Abbot of Peterborough had by the Charters belonging to that Monastery because that the said Tenements put in view were parcell of their Mannour of Gosbercherche and that chiefly by the words of King Henry's Charter Quicquid Vicecomes c. But it then hapned that through the mediation of Sir Adam de Welles there was another day of reference appointed to be at Lincolne aforesaid upon Thursday next after the Feast of the Epiphany then next following At which time the said Abbot of Peterborough's Officers together with Sir Iohn de Wylughby and the rest before-mentioned came howbeit after many disputes they went away without making any accord so that then there was a third day appointed for the Assize viz. the Thursday next after the Feast of S. Gregory at Lincolne aforesaid But in the interim it so falling out that the Abbot of Swynesheved having for the repairing of all his Mill-pool at Casterton digg'd farther upon the Abbot of Peterborough's ground at Ingethorpe than he had power to do by that liberty which had been antiently granted to him by composition the said Abbot of Peterborough brought an Assize of Novell disseisin against him in the County of Roteland At the day of which Asizes came the said Abbot of Swinesheved with five of his Monks and others of his Counsel where through the mediation of Mr. Alexander de Ounesby Rector of the Church at Castreton all differences betwixt the parties before-mentioned were concluded the Abbot and Covent of Swinesheved being to release all their interest in the said Marsh and the Abbot and Covent of Peterborough to give license to the said Abbot and Covent of Swynesheved to repair their pool at Castreton as often as occasion should require and also xl Marks in mony by way of agreement for avoiding of any farther trouble and chardge for the future And the said Abbot and Covent of Swynesheved did thereupon remit all their claim whereunto they had any pretrence in the said Marsh for ever All which was perfected by deeds indented betwixt them And on the morrow before the Assizes so appointed as abovesaid came the said Gilbert and Iohn on the behalf of the Abbot of Peterborough where upon treaty betwixt them and the said Sir Nich. de Rye six persons were chosen to arbitrate the business viz. on the part of the same Sir Nich. Sir Rob. de Colevill Lord of Bytham and Sir Philip le Despenser Kts and Iohn Cleymunt And on the behalf of the Abbot Sir Iohn de Wilughby and Sir Iohn de Kyrketon Knights and Henry Grene who awarded that the said Abbot should give to Sir Nicholas xll. and he thereupon to remise for himself and his heirs all his right claim in that Marsh. And as to the future increase of ground which might happen to either party that it should be enjoyed by him to whose land it did lye most contiguous Whereupon a day was assigned for writings to be made betwixt them for ratifying of this award viz. the Monday after Palm-Sunday At which time meeting at Gosbercherche where discerning that the said VVritings did expresse the said Marsh to be the right of the above-mentioned Abby the said Sir Nicholas fearing that in case he did seal them he might be indicted of conspiracy for pleading both falsly and unjustly the businesse was respited till
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
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
Up-were on the West Wickynhie grounds on the South and of Soham East 4297 The Fens and low grounds between Grant from Upwere to Clay hithe and Horningsey high grounds on the West the way from Quoy to Eambridge and Quoy and Bottesham high grounds on the Southâ— the two Swafhams Reach Burwell Lanward and Fordham on the East and of Soham and Wickin North 11950 The Fens between the high grounds of Teversham and Hinton West of Fulburne South of great and little Wilbram East of Bottesham and Quoy North 1240 Between Grant from Harrymere to Ditton on the East of Ouse from Harrymere to Aldrich bridg on the North Hempsall Yram and the high grounds of Rampton West and the high grounds of Cottenham and Denney Abby South 9480 Hempsall and Ireham East of Aldrich Causey 823 The low grounds from St. Ives to Erith bridge on the South the Fens of Willingham and Over on the East the high grounds of Swasey Drayton and Stanton on the South and the high grounds of St. Ives West 3529 The low grounds below St. Ives on the North side of Ouse between the said River on the South and East and the high land of Bluntesham Hallywell and St. Ives on the North and West 1871 The total sum 307242 Acres Whereupon the said Commissioners sitting at Wisebeche aforesaid upon the day and year aforesaid the Lord Chief-Justice Popham being then and there present made certain Laws and Ordinances the extract whereof is as followeth Ordered first that Sir Iohn Popham Knight Lord Chief Justice of England Sir Thomas Fleming Knight Chief Baron of the Exchequer Sir William Rumney Knight Alderman of London and Iohn Eldred Citizen and Cloth-worker of London their heirs and assigns shall within the space of 7 years next coming at their own proper costs and charges drayn all the Fens and surrounded grounds between the old course of the River of Ouse as it now runneth from Erith bridg to Salters lode and Deping and within the land Eas hereafter mentioned And convey the said River of Ouse or the greatest part thereof from some place at or neer Erith bridg aforesaid unto such place between Salters lode and Mayden lode as the said Undertakers c. shall think meet Which conveyance to be made between the bottom of the two uttermost Banks 30 pole at the least and the Rivers to be 30 foot wide and 8 foot deep And the same utmost Banks to be each of them 30 foot wide at the bottome and 7 foot in height at the least and if that height will not do to carry away the water c. then to raise them higher That the like passage be made at the entrance of the Fens neer Peterborough for the conveyance of the River Nene from thence to Wisbeche And so likewise for the River of Weland from its entrance into the Fens at Waldram Hall untill it meet with Glen That Land-Eas from Erith to Stanground and thence to Waldram hall be made to defend the grounds within them and between the said new passage of Ouse and Weland from the Land flouds falling from the Upland-Countreys which Land eas to be from the utmost part of the Fence dike 6 pole at least That a drayn be made from Salters lode unto the Ham in March River to carry away the water which shall fall into the same Land eas c. That a new Bank be made from Erith bridg to Ely to defend the grounds between that and the same new passages from the overflowing of Ouse As also other necessary Sluses and Drayns within the precincts before-mentioned with Bridges c. for passage c. That the Undertakers shall have such sums of money as the Commissioners at their Session shall think fit from those persons who shall take benefit by this drayning and not contribute part of their Lands towards the charge thereof That the Undertakers shall allow for the drayn at Clows Crosse in ease of this charge to the Countrey That a Navigable Sluse be made at Salters lode And that Well-Creeke shall be inlarged and diked to London lode and thence through Neatmore to Wadingstowe and thence over the River of Wellenhee as directly as may be unto or above the Ham in March River And a Sluse with a bridg to be made at Wadingstow to keep so much of the River Neene as shall be needfull in its old course through both the Towns of Welle In recompence of which performance the said Undertakers to have one hundred and thirty thousand Acres of statute measure of Fen grounds at fivescore to the hundred to be taken out of the worst sort of every particular Fen proportionably by the Commissioners before the Feast of the Annunciation of our Lady next coming the whole number of surrounded Acres being 307242. And that the Undertakers their heirs c. shall enjoy all the said waters Fishings and Banks of and within the Rivers with the Indikes and Land-Eas and liberty to take sufficient menure for the repairing of the said Banks c. which Rivers Banks Indikes c. to be accounted parcell of the said 130000 Acres so assigned to them And that the said Undertakers shall make good all drowned parcells out of their own proportions or in value in case the drayning be not made perfect to the Land-owners Of which quick dispatch his Majesty being advertised he wrote to them again from Theobalds upon the xxiiith of the same Month of Iuly by which Letters he commended their endeavours in the work and progress made therein and taking notice of some opposition which had been made by certain people thereto not knowing out of what spirit it proceeded desired them to take special care to suppress the spreading of all false rumours that might give distast to the Countrey touching their proceedings therein and with those who were then imployed by his Majesty in that service as also to examine the grounds of all such rumors and to punish the Offenders giving advertisement to his Majesty and the Councel of any mutinous speeches which might be raised concerning this business so generally intended for the publick good Shortly after this viz. upon Monday Aug. 5th Mr. Hunt Ric. Atkyns and others laid out the ground where the River through Neatmore should go by a straight line to Mumbes dikes end but misliking the way on Tuesday they veiwed New ditch and in the Northeast end thereof by the Pow dich laid out the Ditch to be led line-right from thence to the Cross at Upwell Towns end And upon Wednesday about 8 of the Clock the work began in the presence of Mr. Hunt who cast the first spit the wrong way Mr. Helon Mr. Totnall Mr. Hamon Mr. Iohn Fyncham Mr. Richard Atkyns and others And was prosecuted so well as that upon the xxith of December following being the Feast day of S. Thomas the Apostle the Bank at the Cross at Upwell towns end was opened and the River
which might be perfected And that those works ensuing mentioned in the said Law should proceed and be perfected viz. the River of Ouse Sutton-lode London lode and Mayd lode and that the Decree made at Stilton 30 Martii then last past should stand in force And upon the xix of Iune then next also ensuing in farther prosecution of this great and necessary work the said Commissioners exhibited a Petition to the Lords of the Privy Council Shewing That whereas sundry Sessions had been held by them since his Majesties Commission for Drayning c. was on foot and nothing effected through the variety in opinions of the said Commissioners but instead thereof much charges lost and that many parts did thereby suffer and undergo great danger And therefore desiring that for the safety of those Countreys so endangered and prevention of farther delays their Lordships would please to direct that at the Sessions to be held at Peterborough on the last day of that instant Iune one of the Clerks of the Council might be there present with them to take a view of the Outfalls if need should require who as a person indifferent might inform their Lordships of the fecibleness of the work and of the fittest means to effect it without or with the least loss to any part And that a certain and constant course might be by their Lordships directed whereunto they all expressed themselves willing to submit Upon which Petition it was then ordered by the said Lords that Sir Clement Edmunds Knight should meet the said Commissioners at Huntingdon for accomplishment of their desires in the view of the Out-falls c. And upon the xijth of August next ensuing at a general Session of Sewers held at Huntingdon aforesaid there were appointed three Commissioners of every County to accompany the said Sir Clement Edmunds in that service Who accordingly performed it and gave in this following Certificate to that honourable Board viz. 1. That the River of Ouse in time of flouds had in former times certain Slakers or bi-Sewers to receive part of the water wherewith it was overchardged whereof the West water at Erith brigge was one which now for want of clensing falleth into the Ouse whereas it should pass from it 2. That the said River was from Huntingdon to the high Bridg at Ely much choaked with Weedes and stopped with weres and in divers places made shallow by Gravels and Fordes which they call Hards 3. That the Haven of Lynne was through the violence of the Tides and the great fall of Fresh-waters grown much wider than it had been to the endangering to Marshland 4. That the River of Nene is also much stopped and choaked up so that it passeth not out totally at Wisbeche which is its proper out-fall and that below Wisbeche it was found neer the out-fall six foot or more higher in the bottome than it had been heretofore so that whereas the Inland waters at Guyhirne which had formerly 5 foot fall were not only stopt but the River fell back upon them Whereupon a Law of Sewers was made by the Commissioners for the amendment thâ—reof 5. That a Sluse made upon that River formerly to the great charge of the Country stood not 7. days but was blown up by the Tides Nevertheless that it was agreed that after the River was again clensed to a sufficient depth there should be a new Sluse there erected if need required But as to the performance of this work for matter of charge there was a great difference between the Town of Wisbech and the Inhabitants of the Upland Countries forasmuch as the said Town insisted upon a considerable help from them towards the charge thereof alleging what benefit they would receive thereby 6. That the said water of Nene not having a free passage by Wisbeche but dividing it self into divers parts did great hurt by overflowing the Country about Thorney and Crouland and that in 38. Eliz. there was a Drain agreed on for the passing away part thereof at Clows crosse which Sewer lying x. or xij foot lower than the Level above was conceived to be the best drain to regain the surrounded grounds on the North of Wisbeche 7. That forasmuch as the Inhabitants of Marshland complained much of their danger by the running of Wisbeche River from the 4. Gotes by the skirt of Marshland and that if the out-fall before-mentioned should be opened whereby a greater proportion of water would pass that way it would be much worse for them It was therefore agreed that if the said River together with the Drayn of Clows crosse were carried from the said 4. Gotes by a new Cut to be made through the Saltmarshes to an out-fall called King's Creek besides the benefit which would arise by drayning of their Fens it would secure Marshland from danger and no way prejudice Holland 8. That the River of Weland also was from Crouland to Spalding very defective for want of clensing and from Spalding to its meeting with Glen neer to the Sea almost silted up insomuch as the Inhabitants of Spalding complained that by reason of the shallows thereof which were less than half a foot deep 2. miles below the Town they had not wholsome water for their necessary uses 9. Considering therefore these defects c. before expressed he proposed to the said Lords that some carâ— might be taken to open those out-falls And though there were many Gentlemen of good worth in those parts who wanted neither zeal nor judgment to do service therein yet it was conceived that the work might be best effected by such as had no interest at all in the Country but stood indifferent between all parties and thereby levy the charge without partiality Whereupon ensued certain Orders occasioned by that view of the said Sir Clement Edmunds and those Commissioners viz. 1. That the Sewers between Overcote and the Meere be opened and scoured before the last of May then next ensuing sub poena 3s. 4d. per vigam 2. That the West water with all the branches be opened and scoured by those who ought of right to do the same by Michaelmass come twelve-Month then also next following sub eadem poena 3. That the Hill in Humbert's water be abated before the first of November sub poena 5. libr. 4. That Padnall lake from Ouse to the Clay way be scoured xx foot wide and 4. foot deep by the first of April then next ensuing sub poena 5s. per virgam 5. That Stretham and Thetford do their Draines by the first of May sub eadem poena 6. That Popham Ea though it be respited is reputed an excellent drayn Sir Raph Hare and other of the Commissioners being appointed to view its defects 7. That the work in Wisbeche River be perfected before the 20. of August next 8. That a new Clow be set up at the charge of all that drayn thereby 9. That South ea be clensed after Wisbech River and Weland
Swinshed upon the xi of August then last past upon full debate and consideration of the former Decrees and consideration of a true and perfect scedule of all the Fens c. comprised in a Decree of Tax bearing date at Boston upon the second of March in the eighth year of the said King Charles from Kyme Ea South-wards aswell within the parts of Kesteven as Holand to the River of Glen being part of the said Level mentioned in that Decree made at Sleford c. it did at that time appear to the said Commissioners and then to those present Commissioners at Boston that that part of the Level amounted to thirty six thousand Acres or thereabouts And recitall being likewise made that whereas at the said Session of Swineshed it was proposed that the severals within the said Level lying from Kyme Ea to the River of Glen might not contribute any part of land to the making up of the said quantity of fourteen thousand Acres but that the whole proportion should be taken out of the Fens and Commons And in a Session of Sewers held at Bourne upon the xith of August the next year following there was a speciall assignation in what particular place in each of the Fens before-specified the quantities so decreed as aforesaid should be set out and a certain mistake concerning Poynton fen rectified Which said several Decrees viz. that at Sleford 2 Iunii 11 Caroli that at Boston 29 Martii 12 Car. and this at Bourne 11 Aug. 13 Car. were afterwards in a Session of Sewers held at Sleford 25 Sept. 14 Car. ratified and confirmed And in another Session held likewise at Sleford upon the xiiijth of March then next ensuing the Commissioners receiving information by the said Earl that he had then effectually drayned all the lands between the River of Glen and Kyme Ea containing more than thirty five thousand Acres and taking view of them with all the Sluses Banks Sewers c. therein did so adjudge thereof and that he had made a full performance of his said undertaking And lastly in another Session held at Sleford also upon the 14 of Iune next following reciting and confirming all the former Decrees And that whereas but three thousand Acres were by the said Law of Sleford made 2 Iunii 11 Caroli decreed for the perpetual maintenance of the works within the said whole Level and that the said Earl had nevertheless at the instance of the Commissioners condescended to ty the said fourteen thâ—usand Acres for the perpetual maintenance of the said works made between the River of Glene and Kyme Ea over and above the Rent of iiijd the Acre thereupon reserved to be paid out of the said fourteen thousand Acres in case the said iiijd. the Acre should not be sufficient they decreed and ratified the same accordingly After which the said Earl and his Participants having been at no less than fourty five thousand pounds charge therein did inclose build inhabit plant plow sow and reap two years without disturbance but the third year divers clamorous Petitions were exhibited to the Parliament then sitting by the Country people Whereupon after examination of Witnesses Orders were granted from both Houses to quiet the possession of the said Earl and his Participants and to secure their Crops then upon the land Nevertheless the Petitioners in contempt of all entred and destroyed the Drains and buildings as also the Crops then ready to be reapt to a very great value and have ever since held the possession to the great decay and ruine of those costly works and exceeding discommodity to all that part of the Country CHAP. LVI The East and West Fenns NOrthwards of this Fenny part of the Country called Lindsey Levell are divers other Marshes lying towards Waynflete the greatest whereof are called by the name of the East and West Fenns Upon a Writ of Ad quod Dampnum in 41 Eliz. concerning the Drayning of these Fens it appears that the East fen lying betwixt the parts of Holand and Lindsey was found to contain five thousand Acres or thereabouts and that the one half thereof being the Skirt Hills and Out-rings might conveniently be drayned but the other half consisting of deeps for the most part could not be recovered and moreover that the Commons and Severals pertaining to the Towns confining on the said Fen did then amount to the number of three thousand and four hundred Acres or thereabouts all which were at that time surrounded Whether any thing was done at that time towards the drayning of those Fens I am not able to say but in 6 Caroli 15 Maii there was a Decree made in a Session of Sewers held at Boston by Robert Earl of Lindsey Lord great Chamberlain of England Edward Earl of Dorset Lord Chamberlain to the Queen Iohn Shorey Mayor of Boston Sir Robert Killegrew Vice-Chamberlain to the Queen Sir Robert Bell Sir Iohn Browne Knights Robert Callice Serjeant at Law and others which Decree makes this following recital viz. that there was a Law of Sewers made at Boston 7 9 Apr. then last past by the said Sir Robert Bell and others whereby it appeared that the grounds hereafter named were overflowed with fresh waters viz. Dockdike hurne from Armitage Causey and Howbriggs East to the River of Witham VVest and from the said River of Wytham South to Hawthorne North from the East end of Hundell house grounds and so along by Raydyke to the North side of Moorhouse grounds from thence by Marcham Revesby East Kirkby and Hagnaby to Hagnaby gate from thence along by Bar loade banck and the West end of Stickney Severals to Stickney Graunge From thence on the North side of Westhouse grounds along to Blacksyke from thence on the North side of Medlam to Gamock stake from thence directly to the East end of Hundel house grounds from Stickney graunge Southwards on the VVest side of the severals of Stickney and Nordyke gate East to Nordyke stream South and the West fenne VVest wherein is included Westhouse grounds the low grounds belonging to Stickney grange and Thornedales from Norlands lane along between Sibsey severals aâ—d the new Drayn to Hale Causey from thence along to the Shottells And that all these grounds as also the grounds mentioned in a Verdict heretofore given up at a SessioÌ„ of Sewers held at Boston aforesaid 16 Ian. An. 1629. viz. the East fenne extending in length from the severals of Wainflet on the East to the severals of Stickney on the VVest and in bredth from the severals of Waynflet Friskeney Wrangle Leake and Stickney on the South and the severals of Stichford Keales Toynton Halton Stâ—ping and Thorpe on the North were for the most part surrounded grounds And likewise that certain severals and Commons of divers Lords and Owners belonging to Waynflet and Friskeney lying between a bank called Fen-dyke bank on the East and East fen on the VVest and abutting
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
shall so require the charge to be raised in manner following viz. That all and singular persons having lands lyable to the danger whether situate neer or far off forasmuch as they have preservation by those Banks and Water-gangs they shall contribute for the quantity of their Lands and Tenements either by number of Acres or Carucates according to the proportion of what they hold so that to no Tenant of these Lands or Tenements be he rich or poor or of what order state dignity or condition soever either within Liberties or without any favour shall be shewed in this matter 4. That in every place for the levying of the said costs and chardges and faithfully laying it out upon the said Banks and Water-gangs two lawful persons out of the said sworn men to be assigned who together with the Bayliffs of the Liberties or Lords of the Fee shall make distresses for the same 5. And when the before-specified Banks shall be according to the Ordinance of the Iurats so repaired at the common chardges that there shall be assigned to every man his peculiar portion of the Bank by certain places and bounds to be sustained at his own proper costs according to the quantity of his Tenement and number of Acres subject to that danger so that it may â—e known where and by what places and to what portion every man is so obliged to make defence 6. And if any shall be negligent in paying their portions of the said contribution at the day appointed by the Iurats for that purpose or in his portion for repair of the Banks that he be distrained by his goods and Catalls wheresoever they should be found within Liberties or without till he have contributed his share and paid his chardge of the said Banks with double costs Which double to be reserved for the common benefit of the like repairs in those parts 7. And that those distresses shall be made by the Collectors of the said costs together with the Bayliffs of the Liberties or Lords of the Fee And being so made to â—e kept for the space of three dayes at the most if they upon whom they shall be made be stubborn or negligent for so longtime and then forthwith sold in respect of the perillous rage of the Sea imminent 8. And if aswell the Collectors as Tenants shall be found negligent in performing the premisses that then every Lord of the Fee within the compasse of his Fee shall cause the said Banks and Water-gangs to be repaired at his own proper chardge and the costs that he shall be at therein together with the double thereof he shall cause to be levyed upon the goods and Catalls of those that are negligent for his own use 9. And that no Shireeve of Kent for the time being or his Bayliff or Officer shall take any distresse touching the Banks and Water-gangs in any Marshes nor thenceforth meddle at all neither with the distresses taken by the Lords of the Fees Bayliffs of Liberties or Collectors of the costs or contributions to the said Banks and Water-gangs nor distrain them by Writ of Replevin nor deliver them by surety or pledge any manner of way 10. And it was also ordained and concluded that if the Iurats so chosen for the custody of the Banks and Water-gangs whether they shall be of this Marsh of Romenale or of other maritime Lands do refuse to come at the Summons of their Bayliffs for the necessary repair of the said Banks and Water-gangs they shall for that their negligence be punished by their Bayliffs as in this Marsh of Romenhale they had been heretofore accustomed 11. And that the Collectors also of the costs bestowed in repair and support of the Banks and Water-gangs after the said repairs are perfected shall forthwith make their accompt before the Iurats and Bayliff of that Country aswell within the Marsh of Romenhale as without of all monies assessed and levyed for the before-specified repairs as also for the double whensoever it may fortune to be levyed And if they shall not so do then to be distrained by the Bayliffs of the Country or place to make accompt thereupon Saving alwayes to the chief Lords of the Fees their right which they have and hitherto had wont to have touching the defence of their Lands according to their feoffments of levying the double according to antient custome used as it is contained in the Ordinace of the said Henry de Bathe In testimony whereof Sir Walter de Ripple and Sir William de Haute Knights Adam Wastechar William Wasteâ—har William le Ros Guy de Trulegh Iohn Amfrey Peter de Maryns Thomas le Reade Thomas Elys Hugh de Suthlonde Richard Ion William Collol Henry de Bettesangre Iordan Collol Iohn atte Ware Hamon atte Porte Iohn Sprott Iacob de Pastre Iohn de Mossederme Henry Kenet Thomas le Frensse Henry Woodman and William de Mereworth did put to their Seals That the Ordinance of the said Henry de Bathe for preserving this Marsh as it was in no mean esteem we see by all those of the Country whom it immediately concerned so had it a high regard with the succeeding Kings of this Realm as by their Confirmations thereof of which I shall in due place take notice will appear The first of which Confirmations was made by King Edward the second whose Charter for that purpose beareth date at Westminster the xxiijth of November 7 E. 2. In which he first makes mention of his Grand-father K. Henry the 3ds Patent in 36º of his reign whereby he declareth his Royal pleasure that no Shireeve of Kent shall intermeddle with such distresses as should be taken for the repair of the Banks and Water-gangs of this Marsh. And next in that of 42º which expresseth the occasion of his sending Hen. de Bathe his Justice into those parts and at large reciteth the said Ordinance thereupon then made by the said Henry And then concludeth thus Nos attendentes quod impetus maris in partibus illis plus solito jam accrevit c. i. e. We therefore taking into consideration that the violence of the Sea in those parts is grown greater than it had wont to be by reason whereof it 's necessary that a more diligent regard should be had for the reparation of the said Banks Forasmuch as by a breach in them though but small should it happen as God forbid an inestimable and inrecoverable losse must needs accrue to us and the men of the said Marsh. Purposing therefore to make prevention of such damage and peril and to provide for the safeguard of those parts aswell for our own benefit as the commodity of the said Marsh-men as we are obliged to do we do for us and our heirs as much as in us lyes ratifie and confirm all and singular the things in the said Letters Patents of our said Grand-father and the before-specified Ordinance contained Willing and commanding that no Shireeve of Kent or any of his Bayliffs
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
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
the above-specified presentment the said obstruction was supposed to be and thence unto Hovedene and divers other places And they said that the same Henry and others by the appointment of the said Sir Stephan did cast earth and sand there for the amendment of that way without that that there was any antient watercourse descending as abovesaid into Temple damme as it was presented and desired that the Country might enquire therof And the said Jurors also said that there was not any common or antient watercourse descending from Thornton damme aforesaid unto Temple damme as had been alleged wherefore the said Sir Stephan and Henry were dischardged And the same Jurors likewise presented that a certain watercourse called Newe Derwent from the end of Hovedene Town viz. from the way from Hale to Dykysmin was obstructed and ought to be repaired by the Towns of Hovedene Knedelyngtone Askylby Kylpyn Neusome Brend Spaldyngtone Kayvill and Thorpe VVhereupon the Shireeve had command to summon the Inhabitants of the said Towns c. whereof they of Hovedene Knedelyngtone Kylpyn Kayvill and Thorpe appearing severally said that they could not deny but that they ought to repair the same water-course in manner and form aforesaid therefore they were amerc'd And the said Towns of Askylby Neusome Brend and Spaldyngtone severally answered that they ought not to repair that water-course as it had been presented and did therefore request that the Country might enquire thereof VVhereupoâ— the Jurors being called said that the before-specified Towns of Askylby Newsome Brend Spaldingtone ought not to repair the same and therefore they were then dischardged And they moreover presented that a certain watercourse called Ruddeflete descending from Wallyngfen to Ruddeflete and so by the Milne damme of Brounflete to Humbre was obstructed and that William then Master of the Hospital of S. Leonard in Yorke ought to repair the same And that there was a certain watercourse called Hodflete descending from Wallyngfen to Humbre which ought to be repaired by the said Master whereupon the Shireeve had command to summon the said Master c. who appearing could not gainsay but that he ought to repair the same therefore he was amerc'd c. and the said Shireeve was commanded to distrain him And they also presented that there was a certain watercourse called Frisdyke which was totally obstructed so that the adjacent grounds were thereby drowned and that it ought to be repaired by Sir Stephan le Scrope of Masham Knight Lord of the Mannour of Faxflete .......................... And as touching the plaae called Whitenge to the River of Humbre they said that the before-specified Master of the Hospital of S. Leonards in Yorke ought to repair the same whereupon the Shireeve had command to summon him the said Sir Stephan who accordingly appearing by his Attorney answered that he could not gain-say but that he ought to repair the said water-course from that place called Whitenge unto Oxmer dyke as it had been presented therefore he was amerc'd and the Shireeve commanded to distrain him c. And the said Master also by his Attorney answered that he could not deny but that he once did together with the said Stephan repair the same watercourse from that place called Whitenge unto the River of Humbre that is to say the said Master the one half thereof and the said Sir Stephan the other half therefore he was amerc'd c. And they lastly presented that a certain watercourse called Daneldyke through which the water of Neusome Park did passe to Alderwent near Lostsome was stopped and ought to be repaired by the Town of Newsome and by the Landholders in Neusome bordering upon the said water-course whereupon the Shireeve had command to summon the Inhabitants and Land-holders abovesaid who appearing accordingly said that they could not deny but that they togethâ—r with the Towns of Lostsome Askylby and Barnby near Hovedene ought to repair that watercourse therefore they were amerc'd In the same first year of King H. 4. Sir Iohn le Scrope Knight Sir Gerard de Ouseflete Knight Thomas Egmantone Robert de Haldenby Richard de Nortone Will. de Lodyngtone and Nich. Rosselyn were assigned to view and repair the Banks and Ditches c. upon Ouse Ayre and Done in the parts of Merskland and Osgodcrosse in this County and to proceed there according to the Law and Custome of this Realm So also in 3 H. 4. were Edmund Duke of Yorke Sir Gerard Sothill Knight Robert Tirwhyte Iohn Rome Clerk Iohn Gaytesford Thomas Brunham Will. Ludyngton Edm. Fitz William Thomas Sheffield and Thomas Egmanton for the banks c. in the Isle of Axholme in Lincolnshire and betwixt the water of Bykersdyke on each side in the County of Notingham and the River of Done on each side as well in this County as in Lincolnshire and the confines of them from the Town of Doncastre to the River of Trent and to do all things therein according to the Law and Custome of this Realm And in 8 H. 4. Henry le Scrope of Maâ—ham William Gascoigne Alexander Metham Thomas Bromeflete Richard Tirwhyt Alexander Lounde Hugh Arderne and Wil. Roâ—â—elyn had the like assignation for those banks upon the coasts of Humbre and Ouse from the River of Derwent to Hesyll and to proceed therein likewise according to the Law and Custome of this Realm By virtue of which Commission the said Henry le Scrope with his associatâ—s met at Hovedene upon Saturday next after the Feast of S. Laurence in the year abovesaid before whom the Jurors of divers Wapentakes of this County on the coasts of Humbre and Ouse from the River of Derwent to Hesill did present that there was and had been time out of mind a certain common Sewer called Aldederwent which did reach in length directly from the town of Hovedene betwixt the marsh and town of Knedellyngtone Askilby and Barneâ—y in Hovedenshire on the South part and the land of the Tenants in Hoveden Bernhill the Towns of Newsome and Lostsome in Spaldyngmore on the North part to the River of Derwent towards the West and so by the said River of Derwent unto the Ouse which ought to be xii foot in bredth and six in depth VVhich said Sewer the towns of Neusome Lostsome Birnd Knedyllyngtone Askilby and Barneby of right ought to clense and maintain by reason of their Lands and Tenements lying in those â—owns And that the said Sewer was not then repaired through the default of the Tenants of Nâ—wsome Lostsome Birnd Knedyllyngtone Askylby and Barnâ—by aforesaid And they also said that the before-specified Sewer betwixt Barneby mersh on the South part of the same and the land of Thomas Haukesworth in Lostsome on the North part aâ— the head of the said Sewer towards the VVest neer the said River of Derwent had bâ—en newly obstructed by the said towns of Newsome Lostsome Birnd Knedyllyngtone Askylby and Barneby insomuch as the lands on each side the same Sewer were
and covenable Laws and Statutes for the preservation of those Banks and Sewers according to the Laws and Customes of Romeney marsh As also to take and imploy so many Diggers and other Labourers in that work upon convenient wages as should be needfull for the same in regard of the urgent necessity of expedition to be had therein Howbeit after this time till the xith year of the reign of the late King Charls I have not observed any thing else of moment concerning these Marshes but then at a general Session of Sewers held at Glamford brigge upon the last day of March in the said year for drayning of the Fenns and Carrs lying on both sides of the before-specified River of Ancholme in the Lordships of Glentham Bishops Norton Atterby and several other it was then and there ordered by Will. Tirwhit Will. Anderson Marmaduke Darell Samuell Owfield Stephan Anderson Esquires and Richard Nelthorpe Gentleman his Majesties Commissioners that a Tax of s. iiij xiijd. should be assessed upon every acre of land found in a verdict of the said Session in the Towns and places aforesaid for the drayning of those Fenns c. and making a Sluse or Clow near the out-fall of the said River VVhich said summs being not paid accordingly the before-specified Fenns could not be taken in hand there was therefore another Commission shortly after directed to Sir Robert Bell Knight Sir Edward Ascogh Knight Sir William Pelham Knight Will. Tirwhit Will. Anderson Edmund Anderson George Glapthorne and Edward Tourney Esquires who by virtue thereof sate at Glamford brigge aforesaid upon the xxiiijth day of August then next following where they the said Commissioners did decree and ordain that those Fens should be forthwith taken in hand and to that end treated with some Forein Undertakers whose demands being found too high and all other Gentlemen refusing Sir Iohn Munson Knight of the Honourable Order of the Bathe a person eminently qualified with learning and sundry other ample endowments having a fair estate in this County and no small proportion of these surrounded Marshes out of a noble desire to serve his Country declared that he would be the undertaker thereof himself upon the terms that had been proposed by the Commissioners unto those Foreiners and to lay the greater obligation upon them left every Free-holder at liberty to adventure for his own share if they thought fit upon the same rates and giving them a months time to consider of it Of which offer most of the great Lords and owners of that Level accepted Whereupon the said Commissioners decreed First that he the said Sir Iohn Monson should and might forthwith set upon the work and accomplish it within the space of the six next ensuing years Secondly that all the said grounds being so drayned should for ever afterwards continue for meadow and pasture excepting some quantity thereof not exceeding CC acres which was to be left for Lakes and sikes for the reception of superfluous water within the same Thirdly that he the said Sir Iohn his heirs and Assigns should at their own costs repair and keep all Drayns and Sluses which were to be made conducing thereto And for the better preserving of the said work to make such new Drayns and Sluses with Cart bridges over them where need should be in such places as any six Commissioners of Sewers for the time being should think fit Fourthly that in consideration of this great work he the said Sir Iohn his heirs and Assigns should have and enjoy five thousand eight hundred and twenty seven acres of the said Fenns and Marshes dischardged from all Commons Titles Chardges Interest and demand of all or any persons whatsoever to be assigned and allotted to them out of the said Lordships or any six of them before the Feast-day of S. Michael the Arch-Angel in the year of our Lord 1636. to be enjoyed from the time that the said grounds should be adjudged to be drayned by the before-specified Commissioners Fiftly that if through the neglect of the said Sir Iohn Monson after the end of those six years the above-mentioned grounds should happen to be again surrounded and so continue for the space of one whole year together and that by view and judgement of the Commissioners the same should be so certified into the Chancery that then in case it were not again inned and made fit for erable within six months after such certificate transmitted into the Chancery it should be lawful for the owners of the said grounds and their heirs to enter into two thousand Acres of the said five thousand eight hundred twenty and seven Acres untill the said grounds so drowned should be again recovered by the said Sir Iohn Monson c. Sixtly that every person who had lands adjoyning to those drayned grounds which should happen to be bettered by this drayning should pay unto the said Sir Iohn his heirs or Assigns for every Acre so improved so much as by six of the Commissioners of Sewers for the time being should be adjudged fit Seventhly that in case the said River of Ankolme should in order to this drayning be diverted by any new cut such Lords of Mannours and others as have had liberty of fishing in the old Chanel should in lieu thereof have the like benefit and liberty in the new Eighthly that where any mans ground should happen to be cast from his Lordship to the other side of the River the same person his heirs and assigns to have free ingresse and egresse to and from the same through the Lordship of him to which it should be so cast VVhich Decree of the before-specified Commissioners was exemplified under the great Seal of England by the Kings Letters Patents bearing date 27º Octobris 14º Caroli After which at another Session of Sewers held by adjournment at Glamford brigge aforesaid the fourth day of May in the xiiijth year of the said K. Charles by and before William Amcot Iohn Broxholme Marmaduke Darrell Thomas Nethercot Roger Gregory and Mich. Mounckton Esquires Tho. Hely Hen-ry Sandwith Iohn Barnard Edw. Nelthorpe Tho. Farmery and William Darvin Gentlemen Commissioners appointed for this Level upon the River of Ankolme extending from Bishops brigg on the South to Ferriby brigg on the North and from thence to the low water mark in Humbre and into the Mannours of Glentham Bishop's Norton and divers others after recital of the Decrees and Ordinances made in the two former Sessions of 11º Caroli before taken notice of And that at a Session of Sewers held likewise at Glamford brigg aforesaid by and before William Amcott Marmaduke Darrell Iohn Broxholme Esquires and others it was adjudged and declared that the said Sir Iohn Monson had with the expence of great â—umms of money well and sufficiently drayned and recovered those Fens and surrounded grounds according to the tenor of the said Law made the 24th of August in the said 11th year of King Charles the said Will. Amcott and
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
then ordered that the Towns of Upwell aud Outwell should from thenceforth be discharged from any diking in Wisbeche river unlesse by the goodnesse of the Drayn their lands do take benefit thereby And in the same year in another Session of Sewers held at Wis beche 14 15 Sept. before Iohn Peyton Geo. Carleton Humfrey Michell Thomas Hewar Esquires and others there was this following Decree Whereas the great River of Wisbeche is by this our Law ordered to be digg'd for the better grinding of the Chanel low to the Sea we find that Elme River called also Elme Ee ought to be in like sort digg'd But whereas that part of the said River extending from the Floudgates in Elme to Wisbeche Sluse hath been doubted in former Sessions for Sewers who of right ought to dig the same and that thereupon in a Session held 18º Martii 23 Eliz. we find that service laid upon the whole Hundred of Wisbeche we now upon Record shewed forth before us bearing date the 6 Dec. ... R. 2. that Wisbeche from Stone Crosse otherwise called Spittel Crosse to the Sluse should make and maintain the Sea-bank And also in a Session for Sewers held the Thursday before S. Mathew's day 25 H. 8. that from the Floudgates in Elme to Spittle Crosse the Township of Elme should dig and scour the same and from Spittel crosse to Wisbeche Sluce the Township of Wisbeche to dig the same we ordain That the said River called Elme Ee shall be scoured viz from Wisbeche Sluce to Spittel Crosse being the division between Elme and Wisbeche by the Township of Wisbeche and from Spittel Crosse unto the Floud-gates of Elme by the Township of Elme and from the said Floudgates unto the Townbrigge of Elme by the Bishop or his Fermour of Brauncâ—mere and from the said Townbridge of Elme to Frydaybrigge by the Queens Majesty for her lands late belonging to the dissolved Monastery of Crouland And from Fryday brigg to Marys dam by the Lord of Coldham And from Marysdam to the cutting over the Old Ee by the said Lord of Coldham Thence unto Branchmere by the Township of Elme in consideration that the said Township shall hereafter be discharged of all such like digging in and upon any the Commons of the said Hundred Lodward excepted the Bishop of Ely for his length in Branchmere From thence to Levermere by the Township of Elme Then for the length of Levermere by the Landholders thereof Then to the River Nene by the Township of Elme And that from Marysdam under Bishop's dike unto Lakebrigge and so into Welle River shall be diked from Lakebridge unto Swan pen two parts thereof by the ......... and the third by Richard Fyncham Gent. And from Swan pen to Langbeche by the Township of Upwell and for the length of Langbeche the Bishop of Ely From thence to Gale dole the Township of Elme Upwell and Outwell And for the length of Gale-dole by those that have the profit thereof to Marys dam. Which digging viz. from Wisbeche Sluce to Spittel Crosse to be 4 foot deeper than now it is and to hold xx foot in bredth and the rest by that example Saving that the River under Bishop's dike between Marys dam and Well streme shall not exceed xvi foot in bredth And we also ordain that there be made a new Crest to begin at Tilney hirne leading to the New Leame thence to the Horshooe thence to Marmound land thence to the West end of Langbeche adjoyning upon Bishop's dike to be made a Bank of xii foot thick in the bottom 3 foot at the top and five foot broad at the charge of all the Inhabitants of the Hundred of Wisbeche And at a Session of Sewers held at Wisbeche 26 May 29 Eliz. it was presented by the Jurors that Norwold Causey being in decay ought to be raised 5 foot higher than it was at that time and in bredth 8 foot on the top at the charge of the Landholders of the whole Hundred of Wisbeche and a Bridge of xii foot in bredth at the higher end of the same Causey at the charge of the Bishop of Ely Likewise that the Watercourse on the South end of Wisbeche should have it's course under the great River of Wisbeche through the xiC Bridg and so by the high Lode unto the 4 Gotes And that the waters in Fen end in Wisbeche which have their course by the High lode from Leonards pipe unto Evysdike bridg by a cut through the Bank at Leonards pipe shall have their course in Pope lane lode unto Evsydike bridg and so to the four Gotes At another Session of Sewers held also at Wisbeche 10 Oct. 31 Eliz. by Sir Iohn Peyton Knight Nich. Hare Iohn Colvile Iohn Reppes George Carleton Thomas Hewar Charles Balam Richard Buckworth and Alex. Balam Esquires Commissioners of Sewers then constituted it was thus decreed That whereas the Fen called Needham and Buriall Fen lying in Elme and Welle had antiently been drayned into the little Lode in Welle called the Sholle at the Stone Crosse and so by Welle River descended into Ouse at Salters lode but then having no descent into the said â—ittle lode by reason that the height of the water therein was 2 foot above the Level of the same Fen And whereas the Landholders in the same Fen having to their great charge procured a new Drayn passing under the Bank called Greendike where they have erected a Sluse for that purpose and from thence by a Sewer upon the East side of Meares drove by another Sluse by them likewise erected at Stow-sted to stop Nedham water for running into Budbech field where the said Sewer taketh its course into the Drayn of the same Budbech field and so continueth therein by and through a Pipe lying under the said Little Lode of Welle and thence passeth to Hodg hirne corner where they by the consent of Sir Robert Bell Knight late Lord chief Baron of the Exchequer caused a new Sewer to be made through a several ground of the said Sir Robert called the Fences and Bardolph fen by the space of 2 miles or more in length and from thence by the consent of Nich. Hare Esquire Lord of Stow-Bardolf did carry the one half of the said Sewer called Common lode between divers severalls lying in Stow Bardolf aforesaid on the North and the Common Fen belonging unto Stow Bardolf Wimbotesham and Dounham on the South and so through another Sluse lately also erected by the before-mentioned Landholders into the River of Ouse And whereas the said Sewers and Sluces were found to be most beneficial for the drayning of the Fen above-mentioned the said Commissioners ordered that they should continue for ever and be maintained from time to time by a Common Acre-shot upon all the lands in Nedham Buriall aforesaid Which new Sewer for Nedham doth from Hodghirne before-mentioned to Ward brigge in Stow contain Lxxii Rode and a half And from thence
c. Whereupon complaint being made unto Mr. Justice Gawdy and other Commissioners of Sewers sitting at Sechie in Com. Norff. xi of April last past it was by them ordered 1. That the said Turks banke should be presently cut 2. That Small lode London lode and Mayd lode be sufficiently scoured by the Inhabitants of Welle and the Londoners 3. That Mayd lode be made xxx foot wide at the mouth xxv and xx foot at the Sluâ—e with Sluses to carry it and five foot in depth and so to be maintained by the Londoners as need shall require Whereupon on May day following the said Bank was cut in many places by reason whereof the water ran so forcibly through the said Cuts that for the space of x or xii days after it sucked in divers Boats and Vessels passing that way And it was farther presented that a little without the upper end of this Bank there hath been a Crest for people to travel on from Welney to Welle in the Summer time when the waters are down for which cause the said Church-path being about fifty years past made of more strength and height than in former times by one Mr. Beaupre the same was not long after cut down in many places by the expresse command of Bishop Goodrick then Lord Chancellour of England and Bishop of Ely In 44 Eliz. there was an Agreement bearing date the xx of March made by Indenture between Sir Iohn Peyton Kâ— Dame Dorothy his wife and Edmund Bell Esquire then owners of the Mannour of Upwell Iohn Richardson and divers others who were at that time the major part of the Commoners and Inhabitants of Upwell aforesaid and Iohn Watts Citizen and Alderman of London Sir William Cokain of London Skinner and others for the drayning of divers Fenny VVasts and Commoâ—s containing about three thousand acres lying in Upwell between a certain Drayn called London lode towards the North Maiden lode and Ship lode towards the South and towards the VVest adjoyning to and upon the Causey-bank extending from London lode to Welney and towards the East upon Denver Common for drayning and maintaining whereof they were to have conveyed unto them their heirs and assigns one full moytie of the said wasts Whereupon with the expence of great sums of money they did accomplish the work and accordingly had the said moytie thereof set out for them which they enjoyed for divers years till about the latter end of King Iames his Reign that the Fen-waters broke their Banks and drowned all again the Country people then turning the Adventurers out of their possessions which they kept till Francis late Earl of Bedford beâ—ame the principal undertaker for draining of the whole great Levell and did perform the work But afterwards his said drayning meeting with some disasters the whole Levell became totally surrounded again and so continued untill William Earl of Bedford and his Participants did in the year 1649. undertake to drayn it anew which in four years time he perfected as I have elswhere more fully shewed VVhereupon Sir Iohn Watts Knight and some others who claimed under the first undertakers before-mentioned were restored to the possession thereof At a Session of Sewers held at King's Lynne 1. Octob. 7 Iacobi before Sir Raphe Hare Sir Thomas Hewar and Sir Henry Spelman Knights Iohn Reppes Thomas Oxburgh Thomas Athow Rob. Gawsell and Richard Bachcroft Esquires and others it was ordained that the Decree made for the drayning of Needham fen and Buriall field the tenth of October 31 Eliz. should be confirmed in all points and an Acreshot of xd. the Acre imposed for the speedy redress of all defaults in the said Drayns Banks c. Certain Observances made upon the Marshes below the 4 Cambridgshire Gotes of the outfall of Wisbeche River and certain Creeks there with their Sands and Deeps by Richard Atkins of Utwell Gent. in June 1605. WIsbeche Chanel falleth from the 4 Gotes Eastward down by Walpole Marshes on the East and South to Crosse-Keys Corner alias Gates-end Corner and from thence passeth towards Tirington Bank leaving to the Southward an high Skore of Clay the only preservative of the Town And when it hath run East as low as against the Beacon then doth it turn flat North under the Sand called Tirington brest lying on the East of the Chanelâ— and so continueth Northwards by the said Brest by the space of 5 miles and there falleth into Blow deepe It is to be observed that upon every flow there commeth from the North out of Blow-deepe a Tide which runneth along Tirington brest on the East side and a Sand called the Thief on the West And out of the West from a Chanel called the Maids Eye commeth another tide and both these do meet within a mile of Tirington banks and so meeting do make great Seas there And many times when the wind is at West or North the Seas rise there higher than they do ten miles off at Sea These two Tides thus united with violenâ—e run right upon Tirington banks and but that God of his mercy hath there placed a Skore of Clay containing not above a furlong in bredth the Bank could not in man's reason stand the next 3 Tides This Skore of Clay by the fretting of the Sea dayly wasteth and the people of the place not understanding what a defence it is to their Banks continually bear away the same to the repair of those Banks never foreseeing their destruction if that Skore of Clay were once gone and the Sea at the ordinary depth of his Chanel suffered to come to the foot of the Bank Where Mayds Eye meeteth with Tirington deep at the very entrance thereof at a dead low water it exceedeth not 5 or 6 foot deep at this day and it hath been observed that in a great drought the whole mouth thereof of hath been stopped with sands but upon the next great fresh that hapned all those sands have been removed and the Chanel grown to the old course again Here is a special observance to be made Qui habet intellectum attendat Decursus namque aquae dulcis viam praebet marinae Oceanus interim ex duobus his canalibus aestuans fossata marina alatrandâ— alluendo inundando lacerando saepissimè gravissimeque ita excercet ut deficientibus aggeribus de quibus malè sustentatis multùm doleo de finali perditione dissolutione partium adjacentium verisimiliter quod absit formidatur nisi Hinc nascitur periculum onus illico acquirendum est remedium salus Homines verò patriae cum plerique inertes sint hebeti ingenio in se invicem nuper pro fossatorum sustentandorum oneribus obruentes de remedio ex sublatâ causâ ne somniare quidem possunt sed nec ingeniosos inertiamque suam desidiosam exosos inter se vivere vix sustinâ—re possunt The head of the 4 Lincolnshire Gotes is preserved especially in Summer by two great Finns brought
And in 18 E. 2. to William la Zouche Iohn de Cantebrig Simon de Brim and Iohn de Hinton for those in this County alone Upon a Pleading in 40 E. 3. it was found by the Jurors that the Prior of Ely did obstruct the course of the water at Wilburgham magna in a certain place called Watholm dam so that it could not have it's current as it usually had insomuch as the Commons belonging to the Town of Fulbourne were overflowed to the damage of the whole Country And in 12 H. 4. the Town of Harlton being questioned for diverting the current of the water betwixt Harlton and Haselingfeld to the damage of the whole Country could not deny the charge and therefore was amerc'd Raphe Bateman being then Lord of that Mannour In 14 H. 6. William Godrede Thomas Fulthorpe Sir Iohn Colvyle Sir Henry Rocheforth and Sir Robert Hakebeche Kts William Yelverton Thomas Dereham Iohn Iakys Thomas Reynold and Iohn Tylney were constituted Commissioners for the view and repair of the Banks Sewers and Ditches throughout this whole County only and to make Statutes and Ordinances for the same according to the Laws and Customes of Runmey marsh On the West side of this County and at the outmost skirt thereof lyeth Wittlesey mere the greatest Lake in all these parts and consequently the more worthy of note I shall therefore cloze up what I have farther to say of this Shire with that particular description of it which I find in the Register of Peterborough In Septentrionali parte stagni c. On the North side of this Lake there is a water called Merelade issuing out of the River of Neene where the Northern bounds thereof are This with the Fens thereto belonging hath at the end thereof a certain Fishing called Eddâ—rmuthe Upon the East part thereof are two other Meres called Wellepole and Trendelmere betwixt which is a narrow stream containing two furlongs in length called Trendelmere beche having in it two Fishings And there is likewise another narrow water there of one mile long which is called Falet having in it one Fishing In that part thereof betwixt Wytlesmere and Kynkesdelf where the Eastern boundary thereof is the bredth of the Meer containeth three miles having in it a narrow stream called Derescuf and a Wood named Rageholt On the South part thereof also there is another slender stream of three furlongs in length called Selfremerebeche having in it two Fishings at the end whereof is a Lake named Selfremere having on the South side thereof a narrow water of half a mile long called Ubbemere lade at the head whereof is likewise another Fishing And about the middle thereof there is a place in the Fen called Alwynesbarwe and there is the Southern boundary thereof Moreover on the West side of this Lake there is also a narrow stream containing two furlongs in length named Trendemere beche which hath one Fishing in it at the end whereof is the Meer called West Trendemere On that side there are also these waters viz. Drelgmere Wellepole Withibuscemere Langemere Kinninges and Musklemere There is likewise on that side another narrow water of one mile in length extending to Oppebeche and hath in it one Fishing at the end of which water is the Western limits of the Fens and all the waters pertaining to Witlesmere About two miles distant from the North East side of the before-specified Meer there is a memorable Chanel cut through the body of the Fen extending it self from neer Ramsey to Peterborough and is called King's delph The common tradition is that King Canutus or his Queen being in some perill in their passage from Ramsey to Peterborough by reason of the boysterousnesse of the Waves upon Witlesey mere caused this Ditch to be first made and therewith do some of our Historians agree who say thus Anno Domini Mxxxiiii Cnuto Rex potentissimus viam in marisco inter Ramsey Burgum quod King's delph dicitur ut periculum magnorum stagnorum vitaretur eruderavit But how to reconcile this testimony to what I meet with above threescore years before I well know not which is that King Edgar confirming to the Monks of Peterborough before-mentioned the fourth part of UUitlesmere with all the waters Fishings and Fens thereto belonging bounds it to these limits viz. quorum Septentrionalis est ubi primùm intrat Mere lode de ampne Nen orientaliter ad King's delph Australiter ad Adewinesbarue c id est whereof the North side is where Mere lode first enters thereinto from the River Nen Eastward to King's delph and Southward to Aldewynesbarue c. But the largest and most notable is that fair Chanel made from Stanground steafe below Peterborough to Guyhirne neer UUisebeche of xl foot in bredth by Iohn Moreton Bishop of Ely in King Henry the seventh's days and still called Moreton's Leame or the New Leame a work certainly of singular consequence not only for the quicker evacuation of the overflowings of Nene but for conveniency of Carriage from Peterborough to UUisebeche which will remain a lasting memorial to that worthy Bishop CHAP. LI. SOuth-west from Cambridgshire lieth the County of Huntendon into which a skirt likewise of this great Level extendeth at the entrance whereof I meet first with Ramsey compassed with Fens on all parts excepting towards the South-west and containing about ...... Acres wherein for the like respect as in Ely Crouland and Thorney by others Ailwin a neer Kinsman to King Edgar and who is stiled by our Historians totius Angliae Aldermannus id est Chief Iustice of England did found an eminent Monastery for Monkes of S. Benedict's Rule almost an hundred years before the Norman Conquest Touching the situation of this Isle for so it was antiently called let us hear what the Register of that Abby saith Quum igitur in orientali angulo territorii Huntedonensis c. Forasmuch therefore as this place situate in the Eastern corner of Huntendoushire where the Chanel of the River Ouse restraineth the bounds of the Fens is for its bigness the fairest of the fenny Islands and which many have endeavoured to extoll so that it needeth not our commendation nevertheless we will not wholy leave it untoucht On the West side for on all other there is no access to it by reason of the Fens it is severed from the firm land with certain deep and boggy Quagmires in bredth about two Bow shot insomuch as in times past the access unto it was by navigable Vessells brought thither through a slow stream with gentle windes but now by much labour and no small cost there is with Wood Stones and Gravel a firm Causey made so that people may come to it on foot In length this Island doth extend almost unto two miles but in bredth not so much being environed with Alders Reedes green Canes and Bulrushes which do beautify it exceedingly and before it became inhabited was full
diked And upon Report made to the said Lords of the Council by the before-specified Sir Clement Edmunds it was ordered by their Lordships that the Earl of Arundell the Bishop of Winchester the Lord Carew Mr. Treasurer and Mr. Comptroller of his Majesties Houshold Mr. Chancellour of the Exchequer the Mr. of the Rolls and Sir Edw. Coke or any 4. of them should take consideration of the state of the business c. and prepare some opinion to be delivered to the Board of what present course might be fit to be taken therein In pursuance of which Order the said Earl of Arundell made a journey into these parts where having treaty with Sir William Ayloff Knight and Baronet Anthony Thomas Esquire and others they the said Sir William Anthony and the rest as Undertakers in this great Adventure did in consideration of the pains and costs which they were like to bestow therein make these â—ollowing Proposalls viz. 1. To have all the Kings lands drowned with fresh or salt water which should be so recovered at the free Rent of iiijd the Acre over and above all Rents or revenues then in being or coming to his Majesty 2. To have all the Prince his lands upon the like conditions 3. To have of all Subjects lands so drowned all the year two thirds to them the said Undertakers and their heirs to hold in severalty for ever 4. And of all such lands of Subjects which lay drowned half the year to have the one half to them the said Undertakers and their heirs Of which Proposalls the King liking well he did by his Letters to the said Commissioners of Sewers bearing date the 4. of September in the xvij year of his Reign signify unto them that the said Sir William and Anthony with others had undertaken to drain all the Fens in the Counties of Cambr. and Isle of Ely Norff. Suff. Linc. Northt and Hunt with the good liking of his said Majesty and his acceptance of their Propositions And recommended them and their design to the said Commissioners to the end they might be ayding to them in expediting such Contracts as they should make and to further them therein with their Authority in all lawfull things c. And on the morrow following the Lords of the Council by their Letters to the said Commissioners of Sewers signified to them that the said Undertakers did purpose to begin their work at the Sea by opening the out-falls of Nene and Weland and to make the same navigable to Spalding and Wisbeche which would take away all fear of turning the water upon any neighbour Country and draw the same into their true and natural Chanels and that whatever Commission or assistance they should desire to further this work order should be taken for the same desiring them to observe the Kings directions therein Whereupon within three dayes after the said Commissioners met at Peterborough and in a Session of Sewers then and there held forthwith ordered That in obedience to the Instructions by them received from the Kings Majesty and the Lords of his Council the Undertakers before-specified should have the free consent and approbation of that Court to proceed with their enterprise so soon as they should think meet and likewise their furtherance in such Contracts as they should make with the Lords Owners and Commoners interessed in the said Fens And moreover that further time and longer dayes should be given to them for perfecting their works in the Rivers of Ouse Nene and Weland and all the Branches of them viz. untill the first day of August then next ensuing and no advantage taken of the Penalties in the Laws formerly made for effecting the business before that time And in a Session of Sewers held at Ely the 20 and 23 of the same Month of September having received these following Propositions from the Undertakers viz. 1. That their intent was so to drayn the said Fens and grounds as that by their said works no person should receive any hurt 2. That they would from time to time maintain and scour the same so drayned 3. That they would not receive any recompence but where through their industry an increase of benefit should be raised to the Owner thereof and that after their works should be perfected 4. That if question should arise whether any benefit were received in any particular by their industry it should be decided by a sufficient and able Jury to be named by the Commissioners of the County and such Jurors so nominated and no others to be retured by the Sheriff 5. So likewise in the Isle of Ely by a Jury of that Isle 6. And that they would give such recompence to those that should receive hurt or damage by any of their said works as the Commissioners or the greater part of them should think fit 7. That at their own charge they would make provision that water should be conveyed to stay at those Towns where water had before come and stayed for Navigation and transportation and the Townships afterwards to maintain it 8. And that they would better and not hurt or impair the Navigation in the Rivers of Grant and Ouse And did therefore order and decree that the said Undertakers should have their free consent and the approbation of that Court to proceed c. and that they would assist them c. in their Contracts c. It being not the purpose of the said Undertakers to alter or change the state of any Commons but only to have such competent part thereof to be set out in severalty to them and their heirs as should content them for their work of Drayning the same and the residue of every Common to remain in the same condition to all intents and purposes as then it did And at a Session of Sewers held at S. Ives on the morrow following they decreed that the tenor of the Order made at Peterborough 8 Sept. and that present Order should be published at every Town Village c. which the premisses should concern in all the said several Counties c. before the vith of Oct. next then coming to the end that all Owners Commoners c. Interessed in any surrounded grounds within the places aforesaid might apply themselves to the said Undertakers c. for concluding their contracts c. On the 4th of October ensuing the said Undertakers sent their Letters to the Commissioners for Norfolk sitting at a Session at Ilsington excusing their not wayting on them sooner and inclosing the Copies of those Letters of the King and the Lords of the Council to them desired that the same might be communicated to their Neighbours together with their Proposalls to the end that they might be the better prepared for contracting with them As also that they might have a meeting with the said Commissioners of Norff. at Cambridge on Wednesday the xiijth of October then next ensuing and in the mean time that they would cause
Marshes there 104. a. Sedgmore 111. Suffolk 298. Surrey The Marshes on Thames 65. b. Sussex Marshes 87. b. Pevensey Marsh. The Laws and Ordinances for conservation thereof 95. a. Yorkshire 136. b. West Riding 115. a. Hâ—lderness 130. Banks and Sewers Abatement in Tenths and Fifteens by reason of the great chardge in their repair 131. b. 258. a. Allowance by the King towards their repair 121. b. 254. a. Commissions and Statutes of Sewers Observations thereon 369. Commissioners of Sewers their compulsorie power in case of neglect in performance of their Ordinances and Laws 60. a. 66. a. 347. a. Distresses taken by their authority of such as observe not their Decrees 21.23 b. sold 250. a. Land sold by them for neglect in paying of Assesments 63. a. 74. a. 82. b. Their power to make new Trenches and Banks in case of necessity 139. b. 243. b. 298. a. 371. a. b. c. To imprest Labourers for repair of Banks and Sewers 33.46 a. 47. b. 59. a. 60. b. 61. b. 78. b. 80. a. 100. b. 122. a. 135. b. 160. b. 204. b. 240. a. To make a Statutes and Ordinances according to the Law and Custom of this Realm and the Custom of Romeney Marsh 47. b. 48. b. 58. a. Custom of the Marsh observed in repair of Banks and Sewers 44. b. 45. b. 46. a. b. 47. a. b. 78. a. Land gained from the Sea to whom belonging 237. b. 239. a. Ouse sive Wellenhee The antient passage thereof to the Sea by Utwelle and Wisebeche 246. a. 248. a. 249. a. 256. a. 299. b. 300. a. 302. b. 333. a. 394. a. b. 395. a. b. 396. a. The Great Level Observations touching it viz. what it was at first 171. b. How it became overflowed by the Sea 172. a. Holland and Marshland how first gained from the Sea 174. a. How the main Level came first to be a Fen 175. b. The rise course and outfalls of the several Rivers passing through it 176. a. How those their outfalls became obstructed 182. a. Of the vast extent and great depth of the Fresh waters occasioned by those obstructions of their outfalls 179. a. The general drayning thereof when first attempted 375. The chief contents of the Bill handled in Parliament anno quarto Regis Iac. touching the general Drayning 386. Tides Their flowing higher in Humber by four foot than formerly 132. a. ERRATA PAge 9. l. 52. farther p. 10. l. 10. the Belgique p. 44. a. l. 32. S. Nicholas p. 57. l. 30. Marshes p. 143. b. in margine ligulâ p. 159. a. in margine penès Comitem p. 192. a. l. 6. celeri p. 200. a. l. 24. Jurors p. 709. a. l. 9. xxxiiii Chapt. in marg vide cap. 38. p. 211. b. l. 20. Camvill p. 244. a. l. 12. xxxiiii th Chapt. p. 299. a. in marg Cap. xlvi p. 300. b. l. 29. xlvi Chapt. A Note of the Contents of the Surrounded Grounds in every particular Lordship in the Level of Ancoime from Bishopbriggs to Ferrebriggs in Lincoln-shire undertaken to be Drayned by Sir Iohn Monson The Lordships on the East-side The Lords of the Mannors or chief Owners that adventured or Consented for the Proportions  Acr. Ro. Perc. KIngerby 25 0 0 Sir Thomas Puckering Lord consented Owersbie 350 0 0 Sir Iohn Monson Lord Adventured Thornton 208 1 11 The Bishop of Ely South-Kelsey 419 2 34 Sir Edw. Ascough Lord Adventured North-Kelsey 1214 2 3 Mr. Chamberlain Consented for Mr. Barde Kadney Hosham and Newstead 2010 1 39 Sir Will. Pelham Lord Adventured Kettlebie 0379 2 01 Will. Tirwitt Esq Lord Adventured Wrawbie cum Brigge 0645 1 08 Elsham 0807 2 11 Sir Sam. Oldfeild Lord Adventured Worlettbie 1369 3 13 Sir William Elvish Lord Consented Bondbie 0881 0 27 Sir Tho. Williamson Lord Adventured Saxbie 1122 0 29 Sir Mich. Wharton Lord Adventured Horstow 0517 2 16 ... Dorrel Esq Lord Adventured Ferrebye 0275 0 27  The Lordships on the West-side The Lords of the Mannors that Adventured or Consented for the Proportions  Acr. Ro. Perc. Glentham 0099 3 34 Ed. Turney Esq Lord Consented Bishopp Norton 0325 1 18 Ed. Whichcote Esq Consented Atterbie Snitterb Waddingham 0885 2 10 The King chief Lord. Waddingham per se 0707 2 12 Sir William Thorold Lord Consented Redburne 0819 0 34 Sir Thomas Stiles Lord Adventured Hibaldstowe 0927 1 07 Scawbie 0571 1 16 Mr. Nelthroppe Consented Caistroppe 0582 2 01 William Anderson Esq Adventured Broughton 1084 3 03 Applebie cum Thornham 1645 1 10 Step. Andersou Esq Lord Adventured Roxbie 0573 3 37 Sir Ed. Molesly then Lord Consented Winterton 0860 0 11 The King Chief Lord. The true but short state of Sir Iohn Monsons Business 1 The Towns are 26 2 The Lords of Mannors that adventured were 14 3 The Lords of Mannors that consented were 10 4 So as the Lords that were the chiefest and greatest Owners in 24 of the Towns were either Adventurers in or Consenters to the Dreyning and none of the rest opposed before the work was finished and adjudged 5. That Sir Iohn Monson undertook it as a Servant to the Country upon the desires of the Commissioners of Sewers and divers others leaving every man free to adventure for his own that thought it a bargain of advantage or otherwise to leave it upon him to undergo the hazard and lay down the money for their parts As appears by The Commissioners Certificate and their Petition to the King The two Exemplifications under the great Seâ—l And to shew that the Drayning hereof is of a publick advantage to the Kingdom and hath been the endeavours of the most Eminent Persons concern'd in it since King Edward the first 's time the Records following will make it appear a Esc. 16. E. 1. n. 47. b Esc. 16. E. 1. n. 47. c Pat. 18 E. 1. m. 30. in dorso d Pat. 23. E. 1. m. 15. in dorso e Pat. 6. E. 2. p. 1. m. 17. in dorso f Pat. 6. E. 2. p. 1. m. 17. in dorso g Pat. 3. E. 3. p. 1. m. 31. in dorso h Pat. 19. E. 3. p. 1. m. 18. in dorso i Pat. 23. E. 3. p. 1. m. 6. in dorso k Pat. 30. E 3. p. 2. m. 11. in dorso l Pat. 36 E. 3. p. 1. m. 6. in doâ—so m Pat. 39. E. 3. p. 2. m. 31. in dorso n Pat. 40 E. 3. p. 1. m. 34. in doâ—so o Pat. 15. R. 2. p. 1. m. 37. in dorso p Plac. coram Rege term Tâ—in 4. H. 4. rot 13. Linc. q Pat. 6. H. 5. p. 1. m. 21. in dorso r Pat. 22. E. 4. p. 1. m. 22. in dorso s 5. Sept. 12. Jacob. t 2. Aug. 13. Car. u 16. Julii 8. Car. w Uâ—t Maii 10. Car. x 19. Julii 10. Car. y Ult. Martii 11. Car. z 24. Aug. 11. Car. A a 27. Oct. 14. Car. â—b 19. Feb. 14. Car. C c 4. Maii 14. Car. D d Exemplifyed 24. Feb. 15. Car. ANNO XIII Caroli II. Regis In Parliam apud
Westm. inchoato 8º Maii. An Act for Confirmation of certain Decrees of Sewers made by the Commissioners for the limits of the Levell of the River of Ancholme in the County of Lincolne WHereas Sir John Monson in the eleaventh year of our late King of Blessed memory Charles the first upon the request of the Commissioners of Sewers for the parts of Lindsey in the County of Lincolne And to do service for his Country did undertake the dreyning and improvement of the Fenns and Low grounds lying in those parts upon the River of Ancholme extending from Humber to Bishop-Brigge which were found and adjudged to be hurtfully surrounded both by the view of the Commissioners of Sewers and divers verdicts of Iuries impannelled of the ablest Inhabitants after several views taken And that the dreyning of those Fenns were ever heretofore much desired by the parties intressed therein and for that the designe of dreyning of the same was by the opinion of the said Commissioners held to be a work not only Honourable but Profitable for the Country therefore the said Sir John Monson according to the power and direction of divers Acts and Decrees of Sewers in that behalf ordeined undertook the dreyning of the said Fenns and low grounds and to make them fit for Arable Meadow or Pasture yet so as he admitted as many of the Lords and Owners as would adventure with him for their own upon the same terms he did and did at his own and his Participants great expences dreyn all those grounds Common and several Fenns within the parts aforesaid between Humber and Bishopp-Brigge conteining by estimation above twenty thousand acres in one intire Level or work of dreyning for the doing whereof the Commissioners of Sewers have by divers Acts or Decrees of Sewers Ordeined adjudged decreed and set out unto the said Sir John Monson five thousand eight hundred twenty seven Acres of the said grounds Commons and Fenns by certain meets and bounds whereby the same are distinguished and known from the rest of the Commons there which Decrees Schedules and Laws of Sewers upon the humble Petition of the Commissioners to his late Majesty had His Majesties Royal assent and were inrolled in the high Court of Chancery according to the Statute in that Case provided and were exemplified under the great Seal of England by vertue whereof the said five thousand eight hundred twenty and seven Acres were held and injoyed by the said Sir John Monson his Participants and Assignes untill the beginning of the late troubles the undertaking being performed and so adjudged upon the view of the Commissioners of Sewers May it please your Most Excellent Majesty that it may be Enacted And be it therefore Enacted by the Kings Most Excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by authority of the same That the said Sir John Monson his Participants and Adventurers aforesaid and his and their and every of their Heirs and Assignes shall have hold possess and enjoy the said five thousand eight hundred twenty and seven Acres so set out by several Decrees of Sewers by meets and bounds therein particularly mentioned and expressed whereunto his Majesties Royal assent was had and by privy Seal certified into his Majesties high Court of Chancery and there inrolled and remaining of Record according to the several divisions and allotments since severally and respectively made between the said Sir John Monson and his Participants and Adventurers their and every of their Heirs and Assignes freed and discharged of and from all title and Interest of the former owners and Commoners whatsoever Provided all wayes and be it Enacted by the Authority aforesaid That if it shall fall out at anytime hereafter that the said Fenns and low grounds lying upon the River of Ancholme between Humber and Bishopp-Brigge for which the said Sir John Monson his Participants and Adventurers their Heirs and assignes have their said Recompence of five thousand eight hundred twenty and seven Acres set out for the dreyning of the same shall again be hurtfully surrounded in default of the said Sir John Monson his Participants and Adventurers their Heirs or Assignes and shall so continue at any time for the space of six Months together except such Lakes Draines Sewers and Portions of the said parts as were excepted upon the Contract not exceeding two hundred Acres so that the same shall be found and adjudged defective in default of the said Sir John Monson his Participants and Adventurers their Heirs or Assignes by six of the said Commissioners for the time being whereof three to be of the Quorum And that the said view and Iudgment be certified upon record into the high Court of Chancery then it shall and may be Lawfull to and for the Lords Proprietors and Owners and Commoners of and in the said Fenns and grounds and their Heirs and Assignes and for every or any of them to enter into two thousand Acres of the said five thousand eight hundred twenty and seven Acres to be set out and portioned by the said Commissioners so that the said Commissioners do set forth and allot a rateable proportion of the said two thousand Acres out of every of the said Lordships and to have hold and enjoy the same and their several Commons therein in as large and ample manner as they do and shall in the other parts left to them untill the said parts allotted and left to the said Lords Owners and Commoners be by the said Sir John Monson his Participants and Adventurers their Heirs and Assigns or some of them sufficiently drayned and again recovered at his and their own proper cost and charges as is aforesaid And that after that same shall be sufficiently recovered and drained the said Sir John Monson his Participants and Adventurers their Heirs and Assigns shall have and enjoy the said two thousand Acres as aforesaid and so in like manner from time to time to gain and lose their said Pasture and Common in the said two thousand Acres upon such and the like Certificates and recovery had and made as is aforesaid for ever Provided also that if the Lords or Owners of the Lands and Grounds within any the limits or bounds aforesaid allotted to the said Sir John Monson shall desire their Lands again be it further Enacted that if they pay to the said Sir John Monson or his Assign◠the principal money by him disbursed in draining the said Level with reasonable damages for the same at or before the first day of May which shall be in year of our Lord One thousand six hundred sixty three or if any difference shall arise or happen between the said Sir John Monson and any of the said Lords or Owners touching the said principal monies disbursed as aforesaid or damages for the same which the said Sir John Monson shall demand then such summ and summs of mony for the said Principal
Occupiers of Lands lying in the said Towns and Parishes of Winterton and Bishop-Noâ—ton or either of them and their Heirs Executors and Administrators respectively shall continue in the peaceable and quiet possession of all and singular the said Lands and Tenements any thing before in this Act conteined to the contrary thereof notwithstanding And in case the said Sir John Monson his Participants and Adventurers and his and their Heirs and Assigns shall not within six Months next after such Iudgment Sentence or Order made and published by the said Commissioners as aforesaid upon request to be made by the said Owners or some of them perform and execute what on his and their parts shall be so ordered to be performed and executed that then the said Lords Freeholders and Owners of Lands lying in Winterton and Bishop-Norton aforesaid their Heirs Executors and Administrators respectively shall stand and be seised possessed and interested of all and singular the said Lands in Winterton and Bishop-Norton asoresaid in as full and ample manner as they or those under whom they claim bad held and enjoyed the same before the said Sir John Monson did undertake the said dreining And in case the said Participants shall not in like mannor convey to the said Sir John Monson and his Heirs the several proportions awarded to him by the said Commissioners as abovesaid That then it shall and may be lawfull to and for the said Sir John Monson and his Heirs to enter into hold and enjoy the same to the proper use of them the said Sir John Monson his Heirs and Assigns for ever And for the more fair and speedy execution of the said Commission by the time before limited Be it Enacted and ordained That in case the said Commissioners to be nominated by the said parties respectively upon a Months notice before given each to other of the time and placâ— for the execution of such Commission shall refuse to joyn and concur in the execution of such Commission that then 〈…〉 morâ— of the Commissioners to be nominated by one of the said parties only may proceed in the execution of the said Commission as fully as if the said Commissioners on both sides did agree and concur in the execution thereof Provided also and it is further Enacted and Declared by the authority aforesaid That none of the Lords Owners or Commoners aforesaid shall be sued or any wayes molested for any entries or trespasses heretofore made or done in the said five thousand eight hundred twenty and seven Acres or any part thereof set out for the said Sir John Monson and his Participants or for any entries or trespasses that hereafter shall or may be made or done upon the said five thousand eight hundred twenty and seven Acres or any part thereof untill the four and twentieth day of March next ensuing but that they and every of them are and shall be and are hereby released discharged and indempnified for the same against the said Sir John Monson his Adventurers and Participants and all and every person or persons claiming by from or under them or any of them and that the said Lords and Owners shall hold occupy and enjoy the said five thousand eight hundred twenty and seven Acres untill the four and twentieth day of March next ensuing without any disturbance to be made by the said Sir John Monson his Adventurers or Participants And be it further Enacted by the authority aforesaid That if the Commissioners of Sewers for the time being or any four or more of them shall adjudge it necessary to make any new drain or cutts through any part of the said Level and shall appoint where and how the same ought to be done that in every such case the said Commissioners or any four or more of them shall allot to every person and persons such damages as they or any four or more of them in their Iudgments shall think any such person or persons shall or may sustain by any such new cut or drain which being in the first place paid or tendred unto such person or persons it shall be lawfull for the said Commissioners or such person or persons as they shall authorise and appoint to make any such new cut or drain through any part of the said Level And it is further Enacted by the authority aforesaid That if it shall appear to the said Commissioners or any four or more of them that the Lands and Grounds in South-Ferraby in the said County of Lincolne are or shall be undermined washed away and made worse by the new Cuts Drains or outsalls That the said Commissioners or any four or more of them shall have power and are hereby authorized and required to give satisfaction to every person or persons so dampnified out of the said five thousand eight hundred twenty and seven Acres as they or any four or more of them shall think fit Exs. Copia vera Jo. Brown Cleric Parliamentorum * See the life of K. Edw. 6. by Sir Iohn Hayward p. 45. a Gen. 1.9 b 12. c Gen. 8.13 Egypt d Herod lib. 2. cap. 35. e Ibid. l. 2. cap. 19. f Strab. lib. 17. p. 786. D. g Ibid. p. 787. D. h Ibid. 788. D i Plin. 5.9 k Herod l. 2. c. 17. l Strab. p. 788 C. m Herod l. 2. â—apâ— 13. Herodotus out-lived Artaxerxes Longimanus K. of Perâ—ia Myris or Maeris reigned in the tenth Century after the floud n Herod lib. 2. cap. 137. o liâ— 2. c. 149. p Herod l. 2. c. 107. q Strab. p. 804. B. r Hero â— 2 c 158. s 2 Kings c. 23. v. 27. t Heâ—od ut supra u Liâ— 17. p. 804. B. w Exo. 15.23 x Strab. ib. y Ibid. p. 805. z 〈◊〉 l. 1â— p. 759. a 2. Chrâ— 8 1â— b 2 King 8.20 c 14 22. d 16. 6. e S. Hieâ—on de lociâ— f Strab. l. 17. p. 815. B. g Ib. p. 79â— C. h An. 1230. i Herod l. 2. c. 154 k Ib. c. 178. l Strab. l. 17. p. 791. n Strab. p. 8â—0 o Ib. p. 795. a. p Ib. p. 793. a. q Ib. p. 799. c. r Ib. p 793. a. s Diod. Sic. p. 19. B. t Herod l 2. c. 177. u Theoc. Id. l. 17. v 82. w Suet. in Aug. cap. 18. x Suet. in Aug. cap. 18. y Ioseph de bello Jud. l. 2. cap. 16. z Hist. of the World l. 1. cap. 10. Sect. 4. a C. Plin. nat hist. lib. 5. c. 26. b Ib. lib. 6. c. 26. c Ibid. d Plin. nat hist. l. 5. c. 26. e Strâ—b l. 16. p. 740. f Heâ—od l. 1. p 76. g Iâ—id Greece h Hâ—rod Polymnia l. 7. c. 129. p. 423. i Ibid. k Herod l. 2.10 l Strab. l. 10. n. 458. n Lâ—v. 43.915.922 o Plin. l. 18 c 3â— ex Cuâ—ne p Liv. l. 39. q Strab. l. 5. r Odyss l. 10. v. 158. s Hist. plant l. 5. c. 9. * An. 460. Plin. 3.5 t Liv. Epist. 49. Florus lib. 46. u Plin. l. 3. c.