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
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
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
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
County did exhibit a Presentment in the Court of Kings Bench importing that this Chanel called Fossedike extending it self from the River of Trent at Torksey unto the City of Lincolne having been antiently open and full of water so that ships and boats laden with Victual and other vendible Commodities did use to passe to and from Notingham Yorke Kingston upon Hull and sundry other places and Counties by the said River of Trent and so by this Chanel to Lincolne and from Lincolne to Boston to the great benefit of the said City of Lincolne and advantage of all Tradesmen passing that way as also of the whole Country adjacent was then choakt up for want of clensing and repair And that the Prior of Torkesey and town of Torksey with the members thereof the Prioresse of Fosse Iohn Bishop of Lincolne Gilb. Earl of Angos his Tenants Sir Raphe Daubney Knight and his Tenants the Abbot of Newsum Iohn Frunell â— the Tenants of the lands of Gilbert de Bridshull the Tenants of the lands of Hugh de Normanton of Saxelbie the Lady Katherine Swinford Iohn Brett of Thornhagh in the County of Notingham Sir Raphe Painell Knight and all other the Lords of the Towns lying on each side the said Chanell and their Ancestors whose Lordships lay on either side and abutting on the same every man according to the proportion lying against his own Lordship did and ought to clense and repair the said Chanel And they said moreover that it had been so choakt up and obstructed for above thirty years then last past to the great damage of the King as also of the whole Country and City aforesaid Notwithstanding which Presentment the King issued out a Commission the very next ensuing year unto Sir Michael de la Pole Knight Mr Geffrey le Scrope and Iohn de Stafford Clerk to enquire touching the obstruction thereof But I make a question whether it was thereupon clensed for in 8 R. 2. which was about nine years after I find that Iohn Duke of Lancaster Iohn Bishop of Lincolne Henry Percy Earl of Northumberland Sir Michael de la Pole Knight Sir Philip Darcy Knight and others were appointed by the said King to cause it to be repaired and scoured so that ships and boats might have a clear passage through it as antiently they had used CAP. XXXI The Marshes on Withom ON the South side of this Province lyeth the River of Witham extending it self from the Suburb of Lincolne to Boston by which stream great Vessels have antiently come up from Boston to that City as the Inhabitants thereof do by tradition affirm and as may seem by large ribs of them which within memory have been there dig'd up But the descent of this stream from the said City to the Sea is so little that the water having a slow passage cannot keep it wide and deep enough either for navigation or drayning of the adjacent Marshes without the frequent helps of digging and clearing the same the mud and weeds increasing so much therein I shall therefore in the next place take notice of what I have met with tending to that purpose as also of it's course above that City whereof the first mention that I find is in 6 E. 3. Henry de Fienton Will. Dysney and Thomas de Sibthorpe being then constituted the Kings Commissioners for the viewing thereoâ— betwixt the Town of Bekingham and the City of Lincolne it being turned out of it's right Chanel in sundry places and so obstructed with sand mud and plantation of Trees as also by Floud-gates Sluses Mills Causeys and Ditches that the course of the same being hindred caused frequent inundations to the lands adjacent After this viz. in 37 E. 3. there was a Presentment exhibited to Iohn de Repynghale and H. Asty then the said Kings Commissioners of Sewers sitting at Newerk upon Monday next after the Feast of S. Laurence for the view of the said River of Withom and removing all obstructions and impediments wherby the free current thereof from the Town of Claypole unto the said City of Lincolne was hindred VVhich Presentment being made by the Jurors for the Wapentakes of Boby and Graffow importeth that the East Mill at Bracebrigge belonging to the Knights Hospitalars of S. Iohn of Ierusalem in England standing in the right course of that River did obstruct the current thereof to the great damage of the said King and the Country and that this was through the default of those Knights Hospitalars And they farther said that the same River then had not sufficient depth nor bredth from the Sheep-cote belonging to the Prior of S. Katherines unto the bridge at Bracebrigge and that the said Knights Hospitalars had certain Floud-gates therâ— which did turn the right course of that River out of it's proper Chanel whereupon the Shireeve of Lincolnshire was commanded to summon the Prior of the said Hospital of S. Iohn of Ierusalem to appear before those Commissioners at Newerk the Wednesday next after the Feast of the Assumption of the blessed Virgin then next ensuing to answer to these particulars Who appearing accordingly did allege that he and his Predecessors had been seized of the said Mill time out of mind as in the right of their House and that the said Mill then stood as it had antiently used to do without that that either he or his Predecessors had built any new Mill there and that this he was ready to justifie And as to the Floud-gates he said that it was erected there time out of mind with this Order viz. that the Gates thereof should be yearly removed from the Feast day of S. Elene in the month of May unto the Feast day of the Exaltation of the Holy Crosse but that after that day untill the Feast of S. Elene they should stand in their places And if the said River of Withom should happen upon any occasion to be so much raised as to be above a certain stake standing on the South side of the said Floudgates then the same Gates to be removed untill the water should abate to the height of that stake which said stake had been there made and placed for a gage time out of mind without that that any Floud-gates were raised higher than that stake or that the same Floud-gates ought to be removed The businesse therefore being come to this issue the said Commissioners sitting at Carleton in Moreland on Friday next after the Feast of S. Iohn Baptist in the year abovesaid it was found by a verdict of the Jurors that the said Prior of S. Iohns and his Predecessors were not seized of the said Mill and Floud-gates time out of mind as had been before alleged but that they were erected there after that time though not by the said Prior therefore it was decreed that the said Mill and Floud-gates should be removed and the Shireeve of Lincolnshire had command to remove them accordingly and to make certificate of his doings
Dunsby Repingale Ryngston Kirkby Dowsby Grayby Aslackby Mylthorpe and Pointon in the parts of Kesteven and in like sort on the East part by the Inhabitants of Spalding Pynchbee Surflet Gosberkyrke and Quadring in the parts of Holand by every of the Commoners in their own Precincts And from the said place called Nestilholme Harthstede and corner to the Crosse on Brigdyke by a right line for so the limits thereof do lye and that this should be also done on the West side by the Inhabitants of Poynton Sempryngham Byllingborough cum membris and Horblyng with Bryg-end and such as have Common there And on the East side by the Inhabitants and Commoners of Quadring and Donington in their Precincts And from the said Crosse upon Brygdyke by a direct line also to Wragmere stake because the limits between Kesteven and Holand do lye under the said line the said said Sewer should be dyked and made on the West part by the Inhabitants of Swayton Thorpe-Latymer Helpryngham Great Hale and Little Hale every one in their own Precincts And upon the East part by the Inhabitants of Donyngton and Byker in their Townships And although it did then appear by two Preambulations whereof one was in the xiiijth year of King Richard the second and the other in the xvith year of King Henry the seventh that the boundaries dividing Kesteven and Holand extended by a direct line through Donyngton Inggs from thence that is to say from the Crosse on Brygdyke unto Wragmere stake yet it was agreed that these Sewers should be made so as neither of them might reach into Donyngton Inggs for fear of wasting their several grounds but be set in the Fen as neer as conveniently and necessarily might be And from the said place called Wragmere stake then leaving the metes and boundaries of the two Countries the said Sewers to be joyned in one and to be made of the bredth of xxx foot and cut straight through the West-Causey directly to Gyl syke at Langrake at the only chardge of the Inhabitants and Commoners in the Eight hundred Fen of Holland and of Skirbeck quarter and of the Township of Boston within the Wapentake of Kirton and that the earth cast up in the said Eight hundred Fen aforesaid viz. between Wragmere stake and Langrake should be cast upon heaps lest the water were hindred to fall into the Sewer aforesaid All which to be done before the Feast of S. Martin the Bishop in VVinter then next ensuing Likewise that in the said place at Langrake aforesaid in the bank of the said River should be set up four new Floud-gates or Sluses of Free stone each of eight foot wide for drayning of all the Fens aforesaid at the costs and chardges of the Towns aforesaid in Kesteven and of Dekyngton Kyme and Ewarby and they by â—qual portions and due rate to make two of them and the aforenamed Towns Commoners in the Fens North from the River of Glen in Holland side unto the River of Wytham to make the other two by equal portions and that a rate and proportion should be made in both the said parts upon every Town by the said Commissioners or any six of them before the Feast of St. Bartholmew then next also ensuing And lastly that a drayn of xvi foot in bredth and in depth four foot should be made in the Law fen from a place called West banke alias Holland dyke overthwart the Hyrn unto Langrake aforesaid that all the waters falling from the parts of Kesteven into the said Fens might the more easily be brought to run to the Gotes aforesaid so to be made as was set forth at Langrake aforesaid and that the same Sewer should be made at the equal chardges of both Countries by the Inhabitants and Possessors of the Towns before remembred And likewise that for all the said chardges so severally to be born in the parts of Kesteven the rate and portion set upon every Township should be laid according to the manner of laying the xvth granted to the King And for all the Towns in the parts of Holland to be done according to the Custome of like payments rated thereabouts And that all this should be done before the Feast of S. Iames the Apostle then next ensuing upon pain of xxl. to be levyed upon every Township to the King's use if they should presume to offend in that case After this viz. in 1 Iac. Thomas Lovell Esquire represented to the King then sitting in Parliament that forasmuch as for drayning of the Fenns called Deping Spaldyng and Pinchebeck South Fens Thurleby Fen Borne South Fen and Crouland Fen alias Gogisland Fen in the County of Lincolne humble Petition had been made by the Inhabitants of Deping and other Towns adjoyning being Commoners in the said Fens unto the Lords of the privy Council to the late Queen Elizabeth expressing the great decay of the said Town and Inhabitants there with the benefit which by the laying of them dry should redound to the said Queen and her whole Realm And that the said Lords having consulted with the said Queens learned Council about the manner and means of effecting thereof and being by their directions by Writs of Ad quod Dampnum and Inquisitions of Jurors thereabouts inhabiting duly taken and certified and returned into the Chancery and there remaining of Record informed of the truth of the said Petitions and of the great benefit both to the said Queen by the saving of a great yearly chardge about the repair and amending of the Banks invironing the said Fens for defence against the Rivers of Weland and Glene running on both sides and clean above the soyl therof as also that the same was no ways prejudicial either to the Navigation or to the Common-wealth c. did direct their Letters to the Commissioners of Sewers in the said County c. requiring them to take care thereof and according to the Laws of Sewers to see the same effected commending likewise unto them as by the â—aid Petition they were required Thomas Lovell Esquire a man skilfull in like works wherein he had been beyond the Seas much used and imployed as one fit and much desired by the said Inhabitants to undertake the drayning of the said Fens Whereupon the said Commissioners of Sewers c. did make and establish certain Laws c. viz. at Borne the xxth of Aug. 41 Eliz. And at Market Deping xx Sept. 41 Eliz. and lastly at Markâ—t Deping xxx Aug. 42 Eliz. by Tho. Lord Burghley Edw. Heron Sergeant at Law Robert Wingfeld Richard Ogle Anth. Ireby Iohn Wingfield Henry Hall Tho. Lovell William Rigden Tho. Lambert William Lacy Edm. Mounstevenâ— Leonard Bautre Mathew Robinson Tho. Ogle and Robert Audley Esquires Commissioners of Sewers By which Laws it was decreed that the said Tho. Lovell should undertake the drayning of the said Fens above-mentioned viz. at the costs and chardges of the said Thomas his Heirs and Assigns within five years from the xxth of
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
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
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
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
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
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
at More and other his Complices having confederated themselves together by false contrivance to constitute another Bayliff there in favour to his friends and to lay load unjustly upon others contrary to the before-specified Ordinance did so terrifie the said Iohn by grievous threats and otherwise hinder him that he neither would or durst take upon him that Office according to the said Ordinance So that by reason of the said Bayliffs default all the before-specified Marsh being dayly lyable to be overflown was in danger to be destroyed without speedy remedy were had The said King therefore taking this complaint into mature consideration for prevention of that imminent mischief granted his Royal Commission bearing date at Westminster 17º Febr. in the same thirty fifth year of his reign to Thomas de Lodelowe Robert Belknap and Thomas Colepepir appointing them or any three or two of them aswell to oversee the said Banks Gutters c. and cause them to be repaired as to take a view of the said Ordinances And in case they should find them any way defective as to the defence of the said Marsh against those inundations then to correct and amend them and if need were to make a new Ordinance to direct how the same Marsh might be better defended and preserved against the said waters upon any chance that should thenceforth happen And to decree certain strict punishments against all such as should transgresse the said Ordinances so to be made by them the said Thomas Robert and Thomas or any two of them And moreover to cause Proclamation to be made all about in those parts for the perpetual observance of them And likewise to do all other things for the safeguard and defence of the said Marsh in exclusion and evacuation of those waters as should be necessary and fit And lastly to enquire by the Oaths of honest and lawful men of that Country of all the confederacies and practices before specified as also of such trespasses and contempts as had been made against the said King by the before-mentioned Matthew and his Complices By virtue of which Precept the said Thomas Robert and Thomas being met at Crowethorne the Monday next after the Feast of the Translation of S. Thomas the martyr in the year abovesaidâ— by the consent of the Lords of the Towns the Bayliff xxiiij Jurats and Commonality of the said Marsh viz. by Iohn Franceis Attorney to Simon Archbishop of Canterbury â— the Abbot of S. Augustines in Canterbury the Prior of Christs-Church in Canterbury Simon Master of Gods-House in Dovor Edmund Staplegate Lord of Nether-Bilsyngton and other Lords to this purpose specially elected with certain also of the Commonality scil William de Echyngham Stephan de Valeyns c. chosen likewise for the said Commonality did ordain and appoint 1. that the common Bayliff of the said Marsh who hath lands and residence therein should be elected by the publick consent of the Lords of the Towns of the same Marsh or their special Attornies And where the greater number consenteth the câ—oice to stand Which election to be made at Demecherche or Newecherche or some other fit place within the compasse of the said Marsh in the xv me of S. Michael yearly upon summons of the before-specified Bayliff except upon necessity and reasonable cause the said Bayliff ought to be removed within that year and another put in his place 2. And if the person so elected shall be present and refuse to undergo the said Office that he be forthwith amerc'd in xls. to be levyed by the succeeding Bayliff upon his Goods and Catals for the common benefit of the said Marsh And so forthwith a new choice to be made of another Bayliff who will undergo the Office and take his Oath and receive for his Fee the double of all the money assessed upon any whomsoever for their negligence And if the person so elected shall be hereafter hindered by any man so that he dare not undergo the Office that then the parties so hindering him to be severally punished by the said Electors in such sort as the said Bayliff should have been punished if he had refused to take his Oath and to bear the same Office 3. And if iâ— happen that he that shall so be chosen be absent at the time of election all his Goods and Catals to be forthwith distrained by the preceding Bayliff of the Marsh and impounded in fit and wanted places and there detained until he shall repair to the Arch-bishop of Canterbury Abbot of S. Augustines and Prior of Christs-Church for the time being or to one of them and admit of the said Office and take his Oath and thereupon carry to the preceding Bayliff his Letters sealed And this he shall do within six dayes next after the election made and if he do not then to be punished as aforesaid and a new election to be presently made 4. At which principal Last if the said common Collectors of all the former general Taxes will be present they shall make their accompt to the Bayliff xxiiij Iurats and Commonalty of the said Marsh Which accompt to be written by Indentures made betwixt them and the Bayliff xxiiij Iurats and Commonalty of the said Marsh. And after the same manner shall the Bayliff make his accompt of those things which belong to him to reckon for And if any of the xxiiij Iurats do make default in the said principal Last except he have a reasonable excuse he shall be amerc'd in xii d to be levyed by the Bayliff to the use of the Commonalty 5. And if it happen that any of the xxiiij Iurats do depart within the year or ought to be removed that then another be made choice of in his place and put in the said principal Last by the Lords of the Fees Bayliff xxiiij Iurats and Commonalty of the most faithful discreet and wealthy men of the said Marsh to the number of xxiiij compleat 6. In like sort it shall be done touching the Collectors and Expenditors so that they be not chosen out of the said xxiiij Iurats if the said Lords will be there And if the said xxiiij Iurats Collectors or Expenditors shall be chosen and will not take his Oath he shall be amerc'd in xxs. to be levyed as aforesaid and forthwith another chosen in his place and receive the chardge 7. And if the before-specified xxiiij Iurats shall be summoned wheresoever within the precinct of the said Marsh to the common or several Last where no more than eight or ten at the most do come by reason whereof there can be no Iudgement and Decree made for the safeguard of the said Marsh considering the absence of the greater number that then every absent person shall be â—merced by the Bayliff in vi d to be levyed as aforesaid whereof the said Bayliff shall make accompt in the principal Last 8. Also
â—is Commission bearing date at Chauâ—one the 18th of Febr. unto Stephan de Pencestre and William de Echingham to make enquiry in the Premisses and to make redresse of such injury as they should find to have been done therein And in 27 E. 1. the Sea-banks in this County being grown to decay in divers places Robert de Septvaâ—s and William Mause were constituted the King's Justices to take view of them and to take order for their speedy repair In 2 E. 2. William de Walleins and others being constituted Commissioners for the viewing of the Banks and Water-gangs in this County sate at Newcherche upon the Monday next following the Feast of S. Mildrede the Virgin in the said year where by the common assent of the Lords of the Marshes of Lyde and Oxney and the appointment of the King it was ordained that thenceforth the said King's common Bayliff in Romeney Marsh should oversee the Bayliffs and Jurats of the said Lyde and Oxney and when necessity should require to summon them together with the xxiiij Jurats of Romeney Marsh to fit places to consult of Ordinances and making Laws for the defence of the Lands in the said Marshes so that they should alwayes abide by the Determinations and Customes of the said Jurats for the lesse losse and more safeguard of their Lands notwithstanding any Custome to the contrary Saving alwayes the tenor of the King's Charter granted to the Commonalty of the said Marsh and likewise the Ordinances of Sir Henry de Bathe as also of Iohn de Lovetot and his associates for to remain in their full power In the same year Henry de Cobham Junior Iohn Malemeyns and William de Bernefeld were appointed by the King to take view of the Banks Sewers c. in East-Kent So likewise were Waresâ—o de Valeynes Iohn Malmeynes and Henry de Worhope assigned to make enquiry of the Banks Ditches c. in the Marshes of Meyhamme and Gatesdenne upon the Sea coast betwixt Smallyde and Meyhame then wanting repair through the default of Raphe de Thordonne Scoland de Forshamme Thomas Fitz Hubert of Hechyndenne and Walter de Marcleshamme â— who held lands in those Marshes In 6 E. 2. the Jury for the Hundred of Cornylo exhibited a Presentment unto Hervic de Stantone and his fellow Justices Itinerants sitting at Canterbury in the Octaves of S. Iohn Bapt. importing that the Prior of Christs-Church in Canterbury did about ten years then past divert the course of a certain water called Gestling in which such Felons as were condemned to death within the before-specified Hundred ought to suffer judgement by drowning so that by this turning of that stream those condemned persons could not there be drowned as formerly and that this was to the prejudice of the King c. And they likewise presented that the said Prior about two years then past raised a certain Trench of four foot by which the same water of Gestling coming from the upper part of that Country had wont to passe unto the Sea and wherein the King had used to have fishing worth Cs. by the year And that by the said diversion the King not only lost the profit of his fishing but a thousand and five hundred Acres of Land were thereby drowned to the great damage of the said King and all the Country thereabouts The Shireeve therefore had command to summon the said Prior c. Who appearing and the said Jury taking the premisses into farther consideration said upon their Oaths that as to the Fishing the said Prior and Covent had antiently a certain mill in a place called Lydene which Mill being burnt in the time of warr there was no other there built till that the Prior then living about ...... years past erected a new one And they said that after the building thereof the said Prior raised a certain Gutter four foot high which had there been made in former time for conveyance of the water from the upper parts of the Country And they said likewise that without the said Gutter there then was a certain Fishing which the Kings Officers belonging to Dover Castle it being within the liberties thereof sold sometimes for 30s. per annum sometimes for 20s. and sometimes for lesse And that the course of the said water which passed through the before-specified Gutter passed to that place wherein those condemned persons had wont to be drowned and their bodies carryed to the Sea And they moreover said that after the same Gutter was so raised the water so descending from the upper parts before-mentioned could not passe through it whereby not only the said fishing became totally lost but the drowned bodies could not be conveyed to the Sea by that Stream as formerly and all this by reason that the water had not it's passage there as usually and that the ground without the Gutter so increased and grew higher that the stream could not have it's course there And the said Jury being asked how long that Gutter had been so raised they answered for four years onlyâ— And what the said fishing was yearly worth they replyed one Mark The Shireeve thereof had command that he should cause the said Gutter to be put into the same condition as it was before and that the earth without the Gutter so raised should be thrown down again at the chardge of the said Prior c. so that the course of the before-mentioned water might run as it formerly did and the said Prior was amerced About two years afterwards viz. in 8 E. 2. Will. de Basinges Will. de Swantone and Will. de Leteriche were constituted Commissioners to oversee the Banks Ditches c. in the Marshes of Romenale and Oxene in this County and to take order for their repair So also in 9 E. 2. was Robert de Kendale then Constable of Dovor Castle Iohn Malmeyns of Hoo and Will. de Cotes for those in East-Kent The like Commission had Iohn de Ifelde Will. de Cotes Stephan de la Dene and Will. Lotriche in 10 E. 2. As also the said Robert de Kendale Nich. Kyriell Iohn Malemeyns of Hoo and William de Cotes In 11º E. 2. Thomas de Sandwiche Will. de Cotes Will. de Derby and Thomas de Poveyn were specially appointed to view the Banks Ditches c. in the Marsh of Chistelet lying also in East-Kent and to cause the defects therein amended The next year following Edmund de Passele Will. de Dene and Iohn de Ifeld were assigned to take the like view c. for those Banks and Ditches lying neer Newendene and Rolvyndene In 14 E. 2. Iohn Abell and Robert de Shirlond for those on the Banks of Medway neer to Reynham and the parts adjacent which had received much decay by the fresh waters And in 16 E. 2. the before-specified Edm. de Passele Iohn de Ifeld and Stephan de la Dane again for those
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
pasture And moreover that if the same water should be brought to Milnewel Cryke as the Inhabitants of Grimâ—sâ—y desired it would be forced back by the Sea-rides and overflow the land at great Cotes little Cotes and Lysceby to the damage of those Towns xll. per annum excâ—pt the Chanel of Mylnewelcryke were sufficiently digged and strong Sluses made to keep back the tides And they moreover found that the said water was near to the same town of Grimesby and that the Chanel so made ought to contain in length Cxl perches and every perch to be xx foot in length and in bredth xij perches And that the Burgesses of that Town might have benefit by the said current of water for the clensing of their Haven and that it might be yearly worth vis. viijd. Upon a pleading in 18 E. 1. touching the repair of a Sea-bank at Thedelthorpe in a certain place there called â—othun it appeareth that the King assigned Will. de Carleton and Will. de Candelesby to view the same and to take order for the repair thereof who thereupon ordained that every Acre should be taxed alike for supporting the chardge thereof notwithstanding any Custome to the contrary but the businesse was not fully determined at that time because the Jurors appeared not till the Octaves of S. Martin In 26 E. 1. upon a sute concerning the repair of the Ditches and Sewers at Waynflete the Jurors found that the Custome of that Town was such that the Ditches there ought to be clensed every year for the drayning the lands belonging to that place and that every Inhabitant thereof having lands there ought to be assessed and taxed according to the quantity of his lands to contribute to the chardge of such clensing and scouring of them And they also found that one Roger the Son of Walter de Waynflet being then assessed at two shillings for xxiiij Acres of land which he held there denyed not the said Custome but alleged that the mony taxed for those repairs ought according to the said Custome to be levyed and collected by certain of the Inhabitants of the said town called Dyke-rieves and not by any others The next year following upon a sute commâ—nced by Alan the son of Peter le Toller of North Weynflete against William le Toller for the distraining of his Cattel at South Weynflete in a certain place called the Sale ham the said William justified the taking of that distresse and said that such was the Custome in that Townâ— of North Waynflete that as oft as the Sewers there made for drayning of their lands did want repair they ought to be viewed by the Commonalty of that place and that thereupon every person having lands and Tenements there ought to be assessed for the repair of those Sewers according to the proportion of his said lands And the said William farther affirmed that the said Alan was assessed by the before-specified Commonalty for the repairing of seven Perches of a certain Ditch opposite to a place called Cannon dayle by reason of seven acres of land which he held that in former time belonged to the Ancestors of one Iohn de Bardne and lay abutting upon that Ditch where the said seven Perches wanted repair and that he the said Alan neglecting to repair the same was distrained as abovesaid Wherâ—unto the said Alan made answer that he did acknowledge the before-specified Custome yet said that he was not to perform those repairs in respect of the seven Acres above-mentioned but for other Tenements viz. xl Acres of land with the appurtenances lying in Waynflete aforesaid And in the same year upon another sute betwixt the said parâ—ies upon the taking of the like distress the before-specified William avowed that such was the Custome in that Town of North Waynflete that certain of the Inhaâ—itants therâ—of were assigned to view the Marsh-Ditches therein every year on the Feast day of S. Andrew and to present the defaults which they should find in them at the next Court of Henry de Lacy Earl of Lincolne then Lord of that Town And that every Tenant of that Lordship who ought to make any repairs there to be amerced in xvid. at the said Court VVhereunto the said Alan answered that there might have been a sufficient distresse found by the same William and not to have taken his Cattel which were for the Plow In 28. E. 1. Thomas de Burnham and Raphe de Friskeneye were constituted Commissioners to view and repair the Banks and Sewers in the Marshes of Mersâ—e and Lindeseye and chiefly the obstruction of a Sewer in those Marshes called the Flete So also were Thomas de Burnham and Gilbert de Toutheby for those Ditches and Gutters in North Weynflet Divers other Commissions of the like nature do I find viz. in 32 E. 1. to William Howard Thomas de Burnham and Raphe de Freskeneye for the view and repair of all the Banks and Ditches upon the Sea-coast in these parts of Lindeseye In 33 E. 1. to the said Thomas de Burnham and Thomas de Gunneys for those in the parts of Malberthorp Thedilthorpe and Saltfletby In 34 E. 1. to the same Thomas de Burnham Henry de Bayeux and Roger de Cubbledike for those at Little Cotes upon Humbre In 35 E. 1. to Raphe de Friskenay Henry de Bayeux Gilbert de Toutheby and Robert de Malborthorp for all the Banks and Sewers in this Province of Lindsey In 2 E. 2. to the said Henry de Bayeux Nich. de Bolyngbrok and Walter de Stalynburgh for those at Northcotes Tetenay Humberstan Thernesco Itterby Hole Grymesby little Cotes and great Cotes upon Hombre As also to Rog. de Scotere Walt. de Freskeneye and Alan de Reytheby for those at Malberthorp and Thedilthorpe In 4 E. 2. to Iohn de Kyme Adam de de Welle Will. de Malberthorp and others for those betwixt Mumby and Saltfletby In 6 E. 2. to the said Henry de Bayeux Nicholas de Bolingbrok and Walter de Stalingburgh for those betwixt Grimesby and Hotoft and upon Trent betwixt Burton-Stather and Torkesey In 7 E. 2. to Philip de Kime Roger de Cubbeldyk VValter de Friskenay and Rob. de Malberthorp for those Banks Ditches and Sewers throughout this whole Province of Lindsey The like Commission had Thomas Wiloughby VValter Friskenay Robert de Malberthorpe and Robert de Rigge in 11 E. 2. So also in 12 E. 2. had Simon de Chamberlayn Gilbert de Toutheby and Robert de Malberthorpe In the same 12 year of E. 2. to Roger de â—ubbeldyke Simon le Chamberleyn and VValt de Friskenay for those Banks and Sewers upon the Sea-coast betwixt Friskenaye and Thorpe near Waynflâ—te In 14 E. 2. to Robert de Malberthorp Simon Chamberleyn and Thomas VVillâ—ghby for those betwixt Cokhill and North cotes In 18 E. 2. to VValter de Friskeney Robert de Malberthorp
of the Fishing had set up And that Henry Earl of Northumberland of right ought to repair the same Sewer from the Clowes to the Southdykehyrne by reason that he held the Fishing there in severalty as belonging to his Mannour of Thorpe And that the Lords of Bullingbroke and Dalby or their Fermours ought to clense the said Sewer from Southdike hirne unto the Eas ende because they had the fishing there in severalty And they likewise presented that there was a fourth Sewer called Theviscrik beginning in the Mosses of Friskenay at VVilliam Barnagates and extending it self to the Eas end where the four streams do meet and that it ought to be in bredth ten foot and dept five but was then also obstructed by a certain Were which the Fermours of the fishing had made and ought to be repaired by the said Town of Friskenay And that the Sewer called Eas end where the four streams meet ought to be in bredth fourty foot and in depth fourteen to the Sea and repaired by the Soke of Bullingbroke as often as need should require And they farther presented that it would be requisite that a new pair of Floud-gates should be made at the Damme in bredth xij foot and depth according to the discretion of skilful persons And that all the Towns within the Soke of VVapentake of Bolingbroke as also the towns of Wrangle Leake Leverton Benington Butterwick Freston and Tofte ought of right to repair maintain open and shut those Floud-gates at proper times on their own costs and chardges for ever excepting in Timber Iron VVork and also VVages of Carpenters And to the end that all discord betwixt those Towns touching the repair of the said Floud-gates might for the time to come be prevented it was then accorded by and between them with the common assent aswell of the said Duke of Lancaster's Counsel the Lord of Willughby and Abbot of Revesby as of all other Lords and Inhabitants or their Free-holders dwelling in those Towns in form following viz. that every of the said Townsmen should then at the first levy and collect for the said repair the fourth part of such a summ as the same Town had antiently been assessed at to a Fifteen granted and payable to the King by the Commons of England VVhich said summ so levyed to be delivered unto two discreet men to be chosen by four throughout all those Towns who should be obliged from year to year as followeth First two of the Soke of Bullingbroke at the next Court of the Duke of Lancasteâ— at Bullingbroke before Michaelmasse yearly to be held before the Steward or his Deputy there And two other of the Towns within the Wapentake of Skirbeck above named to be chosen from year to year at the said Duke's Court next before Michaelmasse at Wrangle before the Steward thereof or his Deputy which four so to be elected to be aswell of the Tenants of the said Lord as of the Tenants of any other Lords according to discretion And they to meet at Waynflete twice every year viz. once within a month after Easter and Michaelmasse and then to oversee those floud-gates and all the Sewers aforesaid and if any defect should be found in them then to cause them to be repaired and amended with all speed according as in their discretions they should think most meet And that at such their meeting after Easter the said two so elected for those disbursements as aforesaid to render their Account before the said four touching those common repairs and expences And in 17 R. 2. to Sir Philip Tilney Knight Iohn de Crosby Iohn de Rocheford of Boston Iohn Laund of Pynchebek Thomas de Tofte and Iohn Waleys for those betwixt Hildyke and Bolyngbroke and to hear and determine all things therein according to the Law and Custome of this Realm and the Custome of Romeney marsh as also to take up so many Labourers upon competent wages as they should think needfull for that work considering the necessity of expedition therein In 19 R. 2. there was a Presentment made in the Kings Bench in Easter term which was then held at Lincolne by the Jurors of divers VVapeâ—takes in this County that the Marshes of Est Fenne and Westfenne as also divers Lands Meadows and Pastures lying in the towns of Leek Wrangel Frâ—fkeneye and Waynflete betwixt the waters of Wythom and Waynflete were drowned by a great â—undation of water so that all the Inhabitants of those towns and of the Soke and VVapentake of Bolingbroke did wholly lose the benefit of their lands and Marshes there through the defect of a certain floud-gate at Waynflete which was so narrow that the course of the waters passing that way could not go to the Sea and that the town of Waynflete ought to repair that floud-gate as antiently they had wont to do And the said Jurors farther alleged that the same floud-gate was not of bredth and depth sufficient to convey the said water to the Sea and that it would be necessary to have another floud-gate new erected near unto the same of xviij foot in bredth and that the towns of Leek Wranghill Friskeney and Waynflete together with the Soke and VVapentake of Bolingbroke as also all thâ—se which had Common of Pasture in the said Marshes ought to contribute to the making thereof And that when is should be made then the said town of Waynflete to repair and maintain it at their own proper costs untill it should be necessary to make it anew excepting timber and Iron And they said moreover that except this were done both the Marshes lands meadows and Pastures aforesaid and Commons in those towns Soke and wapentake before-specified would wholly be lost And they also said that there was a certain Sewer from Hasend at UUaynflete unto the said Floud-gates wherein the Duke of Lancaster and the Lord of Dalby had fishing who in respect thereof ought to repair and clense the same The Shireeve thereof had command to summon all those Towns to answer this their neglect The next year following the Towns of Dunham Scothorne Reresâ—y and Staynton being presented for neglecting to repair the Sewer called Fen dyke which extends it self from the town of UUelton to Langwath and not denying but that they ought to maintain the same were each of them amerc'd at xld. In the same year the Inhabitants of Wytherin Scrubby UUodethorpe Malteby Besby Hamby Markeby Billesby Alford UUelle Salby Thoresthorpe Riggesby and Aby being presented for not repairing the Sewer called the South gâ—ist lying betwixt Malberthorpe and Trusthorpe which extends it self from a place called Axiltrehirne to the Sea and by which all the course of the water of those towns had used of right to run to the Sea for the safeguard of the said Towns which said Sewers together with the Gote called UUall-gote was then stopt up did put themselves upon the Country the Shireeve therefore had command to summon a Jury
be there before the said stop was so made and the water likewise coÌ„mon for fishing to all the Neighbourhood And they also said that the borderers on each part thereof were either Tenants to the Abbot of Ramsey the Earl Warren or of Iohn de Bardolf and other Lords And being farther asked whether the said Edmund or Elizabeth did in their times do any thing for the maintenance and keeping up of that Dam they said that after the before-specified Bishop had first made it it did not need any repair or amendment and that the said Robert Peverell Edmund or Elizabeth did not in their times meddle at all therewith And the Jurors for the County of Lincolne impanelled and sworn said upon their Oaths that the Chanel called South Edyke beginning at Crouland and extending it self to Tyd in that County through which the fresh waters descending from the Fens and Up-Countries used to pass unto the Sea by raising the crest thereof no more than two foot was then scarce sufficient to carry away those waters by reason of the before-mentioned obstruction though the Bank was in height no less than xv foot on each side And that before this obstruction was so made whensoever there was any occasion for the repair of the said Bank or raising it higher the agistment of every Acre of Land in those parts at an half-peny was sufficient for the same but that then through the overflowing of those waters every Acre was agisted at iiiid. and that by reason of the said obstruction no less than xl thousand Acres of Moor and Marish ground in Holand fen were overflowed and drowned And they farther said that the Abby of Crouland was founded by the Progenitors of the King 's of England and that two thousand Acres of Land Meadow Moor and Fen belonging thereto were by means of this obstruction overflowed and drowned so that the possessions of that Monastery would not suffice to maintain the House except the number of Monks were lessened and that by means thereof the King in the times of Vacancie of the said Abby did lose the benefit which might accrue to him thereby And they said moreover that by reason of this obstruction the Lands Meadows Moores Marshes and Pastures of Deping fen Burgh fen and Spalding fen which contained seaven thousand Acres as also the Moor and Marshes to the Moores of Kestevene were so overflowed and drowned that the Lords and Commoners of all the Towns adjacent on every part had by reason of that obstruction lost the profits belonging to them And they farther said that the Common passage for Ships and Boats from Crouland to the Haven of Lenne with Corn and other Commodities had wont to be by the said Town of Outwell where the before-specified obstruction was and that then they were constrained by reason of that stop to go about by Old Wellenhee and Litle port which is fifty miles farther than the other way to the damage of the King and his liege people of those parts a thousand Marks yearly And the Jurors for Cambridgshire impanelled and sworn did say upon their Oaths that the River of Ouse descending from Huntendon being the bounds betwixt Cambridge and Huntendon shires and the River of Nene descending from Peterborough and other parts above did meet at Benwick in Cambridgshire and had used to run directly from thence to the said Port of Lenne by the before-specified Town of Outwell untill xxxi years then last past that the said Bishop made that stop as aforesaid by reason whereof the Lands Meadows Fens Turbaries and a great proportion of arable belonging to all the Towns betwixt Fen Drayton and Benwick before-mentioned unto the said Town of Utwell in Cambridgshire and which were adjacent thereto and for the length and bredth of about xxx miles were commonly overflowed and drowned every year so that neither the owners of the said Lands c. nor the Commoners had any yearly profit by them to the damage of the said King and the Inhabitants of those parts and such as would pass that way CCl. and upwards every year And they said moreover that for the reasons abovesaid there was not that passage for Vessells with Corn and Merchandize towards the before-mentioned Port as had used to be neither in going nor returning except by Old Wellen hee and Lytle port which is xxxvi miles about And the said Jurors being asked how much the said Mannour of Coldham was then more worth annually than it had been before that stop was so made they answered xll. by the year And the Jurors for Huntendonshire empanelled and sworn for the same purpose said upon their Oaths that whereas men would pass from the Towns of Iakele Holme Glatton and Ramsey by the River of Nene directly towards the Haven of Lenne aforesaid with navigable Vessels laden with Corn and other vendible commodities by the said Town of Outwell they were then hindred by the said Dam that they were constrained to go about more than fifty miles And they farther said that all the Meadows Lands Pastures Fens and Turbaries from the Town of S. Neots in Huntendonshire lying adjacent or neer to the River Ouse in length xxx miles and in bredth x. miles more or less unto the Town of Benwike where the Rivers of Ouse and Nene have their confluence and likewise the Lands Meadows Pastures and Fens of all the Towns betwixt Aylington in that County unto a place called Musâ—cote in the Fen which is xvi miles in floud times were overflowed and drowned by reason that they could not pass away as they had used to do so that the Lords of those Fens and their Tenants as also the Commoners in them did totally lose the benefit which belonged to them thereby to the damage of the said King and Inhabitants of those parts six hundred Marks by the year And they said moreover that the said King was Lord of the Mannour of Glatton whereunto the Hamlet of Holme belonged to which Market men from the parts of Lenne and elswhere in Norfolk and Suffolk could not pass with their Victuals and Merchandize by Ships and Boats nor return by reason of the said obstruction insomuch as that Mannour of the Kings whereunto the said Market belonged was less worth by ten pounds per annum than formerly And the Jurors for the County of Northampton empanelled likewise and sworn said upon their Oaths that the River of Neene had wont to pass directly from Peterborough to the Port of Bishop's Lenne whereby the men of that County usually carried Merchandize Corn and all manner of Victual with Ships and Boats by Outwell in Norfolke untill within xxxi years then past that the said Walter Langtone late Bishop of Cov. and Lich. obstructed the course of the before-specified water insomuch as all persons who had a desire to go from Peterborough unto that Haven were constrained to go by Old Wellenhee and Litil port which in going and coming is a farther Journey by fifty miles And
before the Feast of S. Iames the Apostle the Jurors presented that the Tenants of the xl acres of land in Bachecroft in Wisebeche time out of mind ought and had used to maintain a certain Bank in Wisebeche called UUisebeche fen dike viz. for every acre 5 foot and had not done so And that the Prior of Spinney and his Predecessors had for the like time for xl acres of land which they had in UUisebeche repaired a part of the said Bank according to the same proportion So likewise that Nich. Howard had done for xii acres of land which he had there Likewise that the Abbot of Thorney and his Predecessors in regard of their lands in Thorney had for the like time clensed and ought to clense and scour a certain Sewer from Muscote in Thorney unto Thorney barr in the same Town and thence to Knarre and thence to Wryde both in the same Town and thence to Setting lake in UUisebeche and thence to Mariskote in Thorney and thence to South Ee dike in Wisebeche which is the division betwixt Cambridgshire and Lincolnshire and that it was not clensed Also that the whole Hundred of Wisebeche had used time out of mind and ought to clense the before-specified Sewer from South Ee dike in the said place unto Trokenholt in Leverington And that the Abbot of Thorney for his lands in Trokenholt crofts in Leverington had used in like sort and ought to scour the Sewer of Trokenholt aforesaid unto Clows crosse in Leverington neer to the Bank of Sutton on the North part and then that the whole Hundred of Wisebeche ought to clense the same from Clows crosse to Guyhyrne but had not done it Moreover that the Tenants of the lands called Pavys in March had used and ought to clense a certain Sewer from Wardyscote in Dodington unto Wisemouth in Wisebeche so that the water might have it's passage to the great River of Wisebeche and that it was not clensed Also that Will. Vernoun for his Mannour of Coldham and his partners for the whole time aforesaid ought had used to repair a certain Bridg in Elme in the Drove called Crome dike and another Bridg in Elme which then were broken And that the said Will. for his Mannour of Coldham together with his partners ought and had wont for the whole time aforesaid to maintain a Bridge in Wisebeche below the Parsonage which was then broken as also one Clow at Bolsterbrigge in Elme with two Keys whereof the one to be in the Custody of the Guardian of the Fen on the South part of the River of Wisebeche and the other in the custody of the Lord of Coldham but that then there was no Clow at all there And likewise that he the said VVilliam in respect of his said Mannour of Coldham and his partners for the whole time aforesaid ought and had used to make a Crest in Meesdrove in Wysebeche higher than it was at that time by three foot and in bredth eight foot for the which he ought to have the aid of a certain Field called Bolnehyrst field as also a Bridg in Elme in a ceriain Drove called Cromedike And they likewise presented that the said Town of Elme had not clensed a certain Sewer called the River which leadeth from Elme to Wisebeche and ought to be ten foot in bredth and of a fitting depth so that the fresh water might run in the Chanel unto Wisebeche and thence to the Sea Also that Marysdam in Elme ought to be cut so as the fresh water might passe away by the old River of Elme to the Sea according to antient Custome Also that the Bishop of Ely and Will. Venour for his said Mannour of Coldham and his partners did use and ought for the whole time aforesaid to repair one Bridge lying at the Falgote in Leverington but had not then repaired it And that there ought to be one Dam at Bolstrebrigg in Elme made by the said William for his said Mannour of Coldham as long as a Clow should be made there Likewise that the Bishop of Ely the Abbot of Croyland William Venour in respect of his Mannour of Coldham William Branch and all other persons having several Fishing used and ought to clense the River of Elme called Elme Ee from the Floudgates unto Marysdam in Elme and thence to Hedmere in ....... and thence to Lethermere in ........ and thence to Creke hirne in .... and thence to March Eee because they claimed Fishing in all those places And that Iohn Mannyng of Wisebeche did cut one Crest of Coldham Bank to the general nusance And that the Landholders of Nymenesdole in Wisebeche had used and ought to repair one Crest in Wisebeche beginning at the Tenement of Alice Cave and leading to the house of Iohn Algood in the same Town And that three Pipes newly made in a certain field called Smalmedows in Wisebeche the first by the Bishop and his Participants the second by the Lord of Coldham and his and the third by the Tenants on the South side of Wisebeche being made too large by xij foot should be amended And that the Tenants of Heighmathes in Wisebeche ought and had used to repâ—ir one Crest in Nettâ—ldykelane in Wisebeche four foot in height and as much in bredth Moreover that Will. Prior of Ely Sir Thomas Tudenham Knight and his Tenants ought and had used to repair one Crest beginning at the Fen dike in Wisebeche and leading to Bellymyll brigge in the same Town thence to Corner's Messuage on the South side of the Sewer in height three foot and in bredth four and that all the landholders in the fields called Sayrefield Nymandole Flakemore field and Heymathes ought to repair the said Crest every man according to his proportion And that the Parson of the Church of Wisebeche ought and had used to repair a Sewer in Wisebeche beginning at the house of Reginald Rogers in Wisebeche and leading into the same Town And that the Town of Wisebeche ought and had used to make a Clow in the Sewer of Wisebeche at a certain Bridge in Neuton neer Fytton gole for stopping of the water when need required And they likewise presented that Iohn Everard Esquire had straightned the common River of Wiâ—ebeche with Nets and other Engins therein placed to the general nusance c. As also that Will. Caus Esquire and Iohn Greene had done the like And that the Abbot of Dereham had one Kedel in the Common Sewer of Wisebeche called Plant's were to the common nusance c. as also another Kedel in the same Sewer Likewise that the Town of Wisâ—beche ought and had used to repair a Bridge in Neuton called Mutcroft bridg which was then ruinous And that the Bishop of Ely and his Participants ought and had used to repair a certain Bank called Blak-dike in ......... unto the Pipe called Watersey Pipe which was then in decay And that the same Bishop ought to make one Crest in Hillary drove beginning
distringendum per amerciamenta alio modo prout c. All which was by the Authority of the Common law id est the antient usage of this Kingdome as the learned Sergeant Callice well infers from the words dignitatis suae Regiae all Prerogatives being without limitation of time Now for the Statutes The first of these was in 6 H. 6. and this adds to the power of the said Commissioners for it gives them Authority to make Officers to take Accounts of their Expenditors to set Labourers on work and to rate the wages of such Labourers Then that of 8 H. 6. Cap. 3. which supplying the defect of the former grants power to the said Commissioners to ordain and execute the Statutes Ordinances and other things to be made according to the effect and purport of the said Commissions Next that of 18 H. 6. Cap. 10. which continueth the power of that Statute of 6 H. 6. for ten years longer the time first limitted therein being then expired Then that of 23 H. 6. Cap. 9. prolonging that of 18 H. 6. to xv years more Next that of 12 E. 4. Cap. 6. which not only addeth the like number xv years more thereto but enlargeth it to the Marches of Caleis Guynes and Hammes on the borders of France and Flanders Then that of 4 H. 7. Cap. 1. prolonging that of 12 E. 4. to xxv years more Likewise that of 6 H. 8. Cap. 10. ratifying the former Acts and giving power to the Lord Chancellor of England for the time being to grant out Commissions of Sewers into all parts of this Realm Next that of 23 H. 8. Cap. 5. in the Preamble whereof there are these words viz. the King nothing erthely so highly weighing as advancing of the CommoÌ„ profit wealth and Commodity of this Realm Whence saith the before-specified learned Sergeant it appeareth that the making of this Law was of all other thought to be most necessary and of greatest consequence the King preferring the same before any earthly thing and the King's care therein became his Royal person very worthily because by this Statute safety was brought to the Realm and wealth and profit to the people thereof In that Preamble 't is likewise observable First that Marshes and low grounds had formerly been by politick wisdome won and made profitable for the good of the Common-wealth Secondly that if more speedy and further remedy were not had and provided though divers provisions had been formerly made yet none of them were sufficient remedy for reformation thereof And thirdly that power is given thereby to six Commissioners of Sewers whereof three to be of the Quorum to take any man's timber c. to be used therein and to set the price thereof as also to sell any mans Lands nay the King 's also or part thereof in fee or for what other term they pleased All which being confirmed by the King 's Royal assent had thereunto are not to be repealed but by Act or Parliament and makes them therefore an absolute Court to hear and determine all things concerning Sewers After this about two years viz. 25 H. 8. Cap. 10 there was another Statute which extendeth this last Commission to the Town and Marches of Caleis and imposeth a penalty of five Marks upon every Commissioner who shall refuse to be sworn according to the Act of 23 H. 8. Then that of 3 4 E. 6. Cap. 8. which taking notice how beneficial the Statute of 23 H. 8. had been to this Realm ordained that it should continue with these additions thereto for ever viz. that all Skots Loâ—s and summs of money thenceforth to be rated and taxed upon any of the King's Lands his Heirs or Successors for any thing concerning the Articles of the said Commission of Sewers should be gathered and levied by distress or otherwise in like manner and form as should and might be done in the Lands of any other persons And that no Commission of Sewers should thenceforth have continuance for above five years after the date thereof Next that of 13 Eliz. Cap. 9. which authoriseth the Commissions of Sewers thenceforth to stand in force for the term of ten years next after their dates unless they were repealed by reason of any Commission or by supersedeas And lastly that of 3 Iac. Cap. 14. which comprehendeth the Walls Ditches Banks Gutters Sewers Gates Causeys Bridges Streams and Water-courses having their passage into the River of Thames and within two miles of the City of London as subject to the Commissions and Statutes of Sewers and to the penalties of the same To these for removing of some scruples touching the power of the Commissioners of Sewers for erecting of new Sluses and for making new Cuts and Drayns where none were before I shall add the opinion of those two Chief Justices viz. Popham and Anderson men famous in their times for their learning in both these Cases and which is observed by the before-specified Serg. Callice in his said Reading upon the Stat. of 23 H. 8. As also of Sir Henry Hobart Knight Attorney general to King Iames. In 43 44 Eliz. a great controversy did arise in the County of Lincoln about the erecting of two new Gotes at Skirbeck and Langare for drayning the waters of South Holland and the Fenns into Boston Haven which work Sir Edward Dimock Knight did by himself and his friends further what he could but it was opposed by the Country of Kefâ—even and they very exception taken thereto was that the Commissioners of Sewers could not by the power of their Commission make a Law for the erecting of these new Gotes where never any stood before Whereupon the decision of this point coming at length before the then two Justices viz. Popham and Anderson they delivered their opinions that the said new Gotes if they were found to be good and profitable for the safety and advantage of the Country they might be erected by the power of this Statute The like controversie arose in 12º Iacobi in the Counties of Cambridge Huntingdon and Northampton about the making of new Cuts and Drayns in the Isle of Ely by the power of the Commissioners of Sewers which being much opposed the businesse came in the end to be heard before the King and the Council Whereupon the said King by the advice of his Council upon mature deliberation comparing the undue proceeding of those who had disturbed his Commissioners of Sewers in those Counties with the antient Laws of this Realm as also with the constant practice of antient and later times and the opinions of the Lord chief Justice Popham delivered in writing very exactly and fully upon the said Questions touching the power and authority of the said Commissionersâ— it being objected 1. that the Commissioners had no power to raise new Banks Drayns or Sluses where there had been none before 2. that they might not lay the Tax upon Hundreds Towns or the Inhabitants thereof in general but upon
all the way over Sutton fen By Ee fen Many fen and Westmore to Wellney turf ground all red Moor. And likewise to Cotehirne nigh Franks dike end So till within Lx Rods where at â—ive foot it is mixt silt and at the water side Clay The like for 60 to 80 Rods over Welln Ee green and after right over to Mayd lode at the head of Mr. Skipwiths ground all vile Moor by the whole Tract After this viz. upon the 22 of April next following the Lords of the Kings Majesties most honourable Privy Council by their Letters to the before-specified Commissioners desired them to endeavour to satisfie all such persons as having no respect to the general good which was like to come to this Drayning should oppose it or use means to others so to do or otherwise to enjoyn them to attend the said Council And whereas some of the Commissioners intending the advantage to some particular parts of the Country doubting the success of the general work had made an Order touching that of Clows Crosse only the said Lords by this Letter did command them not to proceed therein till it should be discerned what success the general undertaking would have Upon receipt of which Letters the said Commissioners meeting at Huntendon the xixth of May ensuing made this return to that honourable Board viz. that after long debate and all objections heard they concluded with one consent that this work of Drayning was fesible and without any perill to any Haven or County and not only so but that they did reckon it the most noble work for the said Lords to further and most beneficial to the Countries interessed to have good by that ever was taken in hand of that kind in those dayes referring more particular relations concerning it to the before-mentioned Mr. Hunt and Mr. Totnall â— the Bearers of those Letters The Commissioners names subscribed thereto being there viz. Oliver Cromwell Robert Bevyll Iohn Cutts Iohn Cotton Robert Wingfield Robert Cotton Simeon Steward Richard Coxe Henry Spelman Anthony Forest. Thomas Lambert Robert Cromwell Anthony Ireby Thomas Ogle Christopher Hudson William Styrmyn Iohn Fyncham William Marshall Whereupon there was a particular view of the whole Level begun on the xxith of Iune next following by Sir Robert Bevill Sir Robert Wingfield Sir Iohn Gamlyn Sir Richard Coxe and Sir Anthony Forest Knights Christopher Hodson and Matthew Robinson Esquires and thus certified as followeth First we repaired to the out-fall to the Sea at the meeting of the two Rivers of Weland and Glen where we found the said out-fall reasonable good Thence to Cowhyrne and Pikebridg and so to Spalding bridg in all which passage we found the River very defective in bredth and depth and from Cowhyrn to Spalding bridge a great Bank lying on either side the River From Spalding bridg to Willow row end by Cubbet and Peakell to White house the River all along being defective as abovesaid having a great elbow by Cubbet and Peakell which much hindreth its course to the out-fall From White house to Crowland and by the Cross in the Ea to Waldram Hall the like defects of bredth and depth appearing as afore-said From Peterborough bridg to the Old Ea and Catts-water which antient Sewer is so grown up with earth and weeds as that it serveth neither for passage with Boats nor Drayning and so hath been of long time which ought and had wont to be for the ordinary passage to and from Spalding and other places in Holland to Peterburrow Thence to Stanground steafe where we found the River sufficient for bredth and depth Thence to Guy hirne in all which passage we found wonderfull defects in bredth and depth From thence to Wisbeche and so to the Sea in all which passage we found the like defects From thence by Elme River to Frydaybridge and so by Bishops dike to Lakebridge thence to Shrewes-nest by Welle River where we took Boat perceiving at Shrewes-nest that the Rivâ—r of Nene which cometh from the Mares hath but six miles to Salters lode to pass by Welle but by reason of the quarring of the said Chanel a great part thereof runneth from Shrewes-nest to Salters lode by Welleney Litleport Chair and Sotherey ferrey c. which is 28 miles and that the River through Welle cannot be conveniently amended To remedy which Mr. Hunt desired that a new River of 80 foot wide and 8 foot deep be made from Marche River at the Ham cross Marmound c. through Netemore to fall into Welle River neer London lode Between Shrewesnest and Forweare we found a place called the Ham not above two foot deep About 4 miles from Shrewes nest is Elme leame which is a Sewer going from Marche River to Fryday bridge through Elme River to Wisbeche which Sewer is landed up Thence we came to March leame about a mile and half short of March bridge which is much decayed to the great hindrance of navigation from St. Ives to Wisbeche and for the Drayning of all the grounds betwixt Chateriz ferrey and March River And at March bridge on either side we found divers Gravels which do stop the course of the River Thence to Great-Crosse 3 miles above March bridg and so through Ramsey Ugge and Witlesey meres Thence to Farset bridg about xvij foot broad Thence c. to Peterborow From Peterborow to Yaxley lode Thence to Ramsey lode along the skirt of the Upland Thence to Erith brigg where Mr. Hunt disireth a new River from the first corner of the West water beneath the said Bridg to begin in Midlemore Fen neer to the Severals and so to go line right unto Wellenhey-River nigh Sprall were and thence line right to the fall into Ouse at the end of Mayde lode or at some apt place between that and Salters lode which River or Rivers to contain in bredth 120 foot and in depth 8 foot And for preservation of the Navigation to and from St. Ives to Cambridge and Linne as also to Wisbeche he thinks it necessary that divers other Sluses be made viz. one in the Ouse neer the Hermitage one in the West water neer to the new River to stop the water from running to Benwick and for Navigation drayning of Huntingdon fen grounds between it and the Upland grounds and other necessary uses and so many Sluses at the ends as the said River shall be divided into parts which he thinketh to make into 3 Rivers of xl foot a piece Thence we came to Over Aldrich-Causey Haddenham Grunty fen and so to Ely In Ely town we observed that the water was but 14 Inches deep and upon the Hards 18 Inches and in some places 2 foot Thence we passed by water to Sotherey and Prick-willow where Mildenhall River falleth into Ouse And between Ely and Littleport Chair we observed that the said River of Ouse was so crooked that the making a new River from Erith bridg through Sutton
known and so likewise where they are not known to do the like which boundaryes shall stand good for ever And that if the Commissioners cannot agree the difference to be certifyed to the Lord Chancellour or Lord Keeper for the time being who with the assistance of certain Judges of both Benches to determine it And that within 3. years after such determination the Owners and Commoners to make division Dikes in bredth and depth as shall be thought fit by their Lords and the Homage 19. That the Commons shall be stinted by the Lords and greatest part of the Freeholders and Copyholders Commoners with the allowance and consent of the Judge of the Isle or one of the Justices of Assize of the County 20. That the Cottagers upon the Lords waste not having right of Common because they have been suffred to take benefit of the wastes shall be provided for by the Lords and Homage in every Mannour in the said wastes as the Lords and Homage shall think fit 21. That of the 112000. Acres belonging to the Undertakers no more then 4d. an Acre to be paid for the Tithe thereof for ever yearly 21. That after the said Drayning there shall be a Corporation or body politick of xxx known discreet and sufficient persons by the name of the Governours of the Fens within the Isle of Ely c. to purchase c. Lands to sue and to be sued by that name the first of these to be Martin â—ishop of Ely Sir Anthony Mildmay Sir Iohn Peyton Governor of Gernâ—ey Siâ— Oliver Crumwell Sir Robert Bevyll Sir Edw. Coke Attorney General Sir Iohn Cutts Sir Iohn Heigham Sir Rob. Wingfield â—ir Rob. Cotton Sir Edw. Apsley Sir Henry Warner Sir Miles Sandys Sir Simeon Steward Sir Thomas Lambert Sir William Rumney Knights Humfrey Tindall Dean of Ely Anthony Irby Tho. War Thomas Rawlyâ—s and Henry Totnall Esquires Iohn Eldred Roger Oâ—field of London Merchants Iohn Fyncham and Iohn Hunt Gentlemen And when these dy new to be chosen by the most voices out of such Lords or Undertakers as shall have 1000. Acres at the least of lands assigned to them 21. And that the Governours for ever shall have assured to them 112000 Acres statute measure which they may keep for ever and the profits to be imployed for the perpetual maintenance of the drayning and satisfaction for drowning as before so far as it will suffice and when it will not suffice the Governours then to lay a Tax of all the rest to do it withall 22. And that the said Governours may make Laws for the maintenance of the drayning and levying such Taxes in cases aforesaid and put them in execution being ratified by the Lord Chancelour Lord Keeper or the Lord Tresurer and the two Chief Justiceâ— or any three of them whereof the Lord Keeper or Tresurer to be one And the Governours to let the lands to them appointed to the best value so as they exceed not the term of seven years An. 4o. Iacobi Regis Cap. 13. Observations out of the Act for Drayning of certain Fens c. within the I le of Ely containing about 6000. Acres and compassed with a Bank called the Ring of Waldersey and Coldham THat Francis Tindall Esquire Henry Farre and Iohn Cooper Gentâ— having undertaken to endeavour the drayning c. shall have power for the space of 7 years ensuing the end of that present Session of Parliament to effect the same the lands so intended to be drayned lying within the Bank beginning at Kekys mill and thence extending by Tower house and Hobbes house to Tylney hirne so by Maryes dam and Elme leame to Fryday bridge and thence by Redmore dike Begdale and Goldike to Kekys mill again And that for the doing thereof they may have power to make new or repair as need is all Drains Lodes Banks c. and Sluces as they shall think fit not being in Marshland withâ—in the old Pow dike giving such satisfaction to the owners as by any six Commissioners of Sewers whereof three inhabiting within the said Isle and thrâ—e within the County of Norff. shall be set down VVhich Undertakers c. having accomplished the said Drayning to have two parts in three of the lands so drayned to them and their heirs to be set out by six of the said Commissioners at the least whâ—râ—of four inhabiting within the said Isle which two parts to be holden of the chief Lord of the Fee c. in free and common Soâ—age and to be exempt from payment of any Tithes for 7 years after the time limited for the said drayning But if the said grounds so undertaken c. shall in deâ—ault of the said Undertakers be overflowed and so continue by the space of two months betwixt the Feast of S. Mich. the Archangel and the Annunciation of our Lady or the space of one month betwixt the Feast of the Annunciation of our Lady and S. Michael the owner by the view c. of any six of the said Commissioners to re-enter and to enjoy the same Things most observable extracted by me W. D. out of the Verdict of the Iurats for the Hundred of Clakclose and Freebridge in Marshland at a Session of Sewers held at Ely 26 Iulii An. 1608. 6 Iacobi 1 THat the River of Welle from Salters lode to North delf and so upward was then in great decay in depth and bredth for want of clensing c. 2. So likewise the Sewer called Small lode in Upwell being stopt c. 3. That the Sewer called London lode lying in Upwell ordained for the Drayning of the Fen called Nâ—atmore was aâ—â—o in some decay 4. That the Sewer called Maide lode beginning at Welney water extending to Shiplode and so to the River of Ouse was imposed upon the Undertakers to scour c. 5. That the Sewer called New dich in Littleport taking its head from Welney water and extending to Crekelode in Sothrey and Helgay was then in decay c. 6. That the Sluse at Crekelode end next to the River of Ouse being utterly decayed to be new made with a dore six foot broad and 8 foot deep 7. That there was a new Sewer in Upwell then lately begun by the late Lord chief Justice Popham which taking its head out of the River of March neer a place in Upwell called Newdich end and extending in self through the Common of Upwell c. to Wadyngstow and so through Neatmore falleth into Welle River at North delph is esteemed to be a perfect Drayn for the most part of the Isle of Ely especially the whole Hundred of Wisbeche and the Towns of Upwell March Dodington Wimlington Benwick Chateriz Whitlesey Litleport and other adjoyning places even to the high Lands 8. That the Common Sewer in Sothery called Stake lode was then in great decay 9. That the River of Wysse from Helgay brigge to the River of Ouse was then defective in bredth and depth and to be amended The
xxvi of September in a Session held at King's Linne in the County of Norfolke there was another Law of Sewers made called Low fen and UUalsingham fen Law the tenor whereof is as followeth viz. Whereas there are about 1300 Acres of low grounds lying together in the several Parishes of Upwell and Outwell in the County aforesaid between Popham River on the South and the Bank called Bardyke and Churchfield dike on the North and Outwell Crest towards the East which are preserved from overflowing by the said Crest and by the Bank on the North side of Popham river aforesaid which low grounds may be drayned c. And that the repairing of the said Crest and of the North Bank of Popham River will be a defence to the new Powdich and a great preservation to the Countrey of Marshland And whereas the drayn from Plawfield in Upwell to Hodghyrne and there falling into Rightforth lode and thence by a Sluse neer Stow bridge into the River of Ouse is very defective c. which being repaired would be sufficient to drayn all those low grounds We do ordain and decree c. that it shall be lawfull â—or the Landholders and Commoners of and in the said low grounds c. to drayn them through the said Sewer And we do farther ordain that the said Sewer from the said Sluse to a place called West head shall be diked c. ten foot broad in the bottom at the least and in depth proportionable c. And from thence to UUelle river x foot broad and 5 foot deep and the greater part of the menure to be cast on the South side of the said Lode from UUest head to the East end of Hodg hirne for the making of a sufficient Crest to hold the waters within the brink thereof And that there shall be placed in the North end of Churchfield dike in Outwell a Sluse of Brick with a tunnel of two foot broad and three foot high with a dore to be pulled up shut c. And from the said Sluse a Drayn or Sewer to be made under Churchfield dike on the East part thereof to the North end of Champney-Corner And from thence to continue the same Drayn in an antient Dike between Outwell Common on the North c. to North delph Upon Tuesday being the 8th of October following in the night tide the Dam made by Mr. Hunt for Coldham a little below Stow bridge broke up and on Wednesday being inwardly taken with a little light Moor broke again So likewise on Thursday being taken with earth between Planks set end-wise it brake again and continued running till Sunday Oct. 13. At which place there assembled that day Sir Raphe Hare and six other Commissioners who laying the command of the work and order of it upon Mr. Richard Hunt he with the assistance of the Country took it in hand and made it firm before the return of the next Tide But as we see by how little was done in this and most of the precedent years that the general Drayning went but slowly on notwithstanding the King himself as also the Lords of the Council and those Gentlemen who were constituted Commissioners for that purpose had so earnestly endeavoured the speeding thereof so was there now such a stop for the space of five years at the least that there nothing appeareth of consequence to have been farther prosecuted therein by reason of the opposition which divers pâ—rverse spirited people made thereto by bringing of turbulent sutes in Law aswell against the said Commissioners as those whom they imployed therein and making of libellous Songs to disparage the work of which kind I have here thought fit to insert one called the Powtes Complaint COme Brethren of the water and let us all assemble To treat upon this matter which makes us quake and tremble For we shall rue it if 't be true that Fenns be undertaken And where we feed in Fen and Reed thei 'le feed both Beef and Bacon Thei 'l sow both Beans and Oats where never man yet thought it Where men did row in Boats ere Undertakers bought it But Ceres thou behold us let wilde Oats be their venture Oh let the Frogs and miry Boggs destroy where they do enter Behold the great designe which they do now determine Will make our bodyes pine a prey to Crows and Vermine For they do mean all Fenns to drain and waters overmaster All will be drie and we must dye 'cause Essex-Calves want pasture Away with Boates and Rodder Farewell both Bootes and Skatches No need of t'one nor t'other men now make better matches Stiltmakers all and Tanners shall complain of this disaster For they will make each muddy Lake for Essex Calves a pasture The fethered Foules have wings to fly to other Nations But we have no such things to help our transportations We must give place oh grievous case to horned Beasts and Cattell Except that we can all agree to drive them out by Battell Wherefore let us intreat our antient water Nurses To shew their power so great as t' help to drain their purses And send us good old Captain Floud to lead us out to Battel Then two-peny Jack with Skakes on 's back will drive out all the Cattel This noble Captain yet was never known to fail us But did the Conquest get of all that did assail us His furious rage none could asswage but to the Worlds great wonder He bears down banks and breaks their ranks and Whirly-giggs asunder God Eolus we do thee pray that thou wilt not be wanting Thou never saidst us nay now listen to our canting Do thou deride their hope and pride that purpose our confusion And send a blast that they in haste may work no good conclusion Great Neptune God of Seas this work must needs provoke thee They mean thee to disease and with Fen-water Choake thee But with thy Mace do thou deface and quite confound this matter And send thy Sands to make dry lands when they shall want fresh water And eke we pray thee Moon that thou wilt be propitious To see that nought be done to prosper the malitious Though Summers heat hath wrought a feat whereby themselves they flatter Yet be so good as send a floud lest Essex Calves want water Upon great complaint therefore of these their doings made to the Lords of the Council I find this Order made by them bearing date at White Hall upon the 8th of November in the xiiijth year of the said King's Reign viz. That whereas sundry vexatious sutes had been brought against his Majesties Commissioners of Sewers and their Officers by divers obstinate persons for executing the Orders c. of the said Commission to the great hazard of the inundation of many large Levells in the Counties of Northt Hunt Cambr. and Linc. That the said Lords well weighing these undue proceedings and the antient Laws of this Realm evidenced from divers notable Records in
much streighter than the â—ormer and beginning the same did perfect 800. perches thereof but then being disturbed by contentious people could not go on They therefore ordained that the said works should be again proceeded in till they were perfected 10. And they farther ordained that the said River of Ouse from Harry mere upwards to Odercote should be clensed by those that of right ought to do the same before the 14th of Iuly ensuing to the antient bredth and old bottom 11. And that the great and main arm of Ouse called the Westwater descending by Erith brigg on the West part of the Isle of Ely should be clensed c. to Benwick in such manner as aforesaid As also a Branch thereof called Sutton lode from the said West water to the outfall thereof into Welney water So likewise Ouse diâ—he another Branch of the said West water falling out of the same between Hollwood and Oldstaffe and so unto Sutton weads And that Chatterys new Leam falling out of the said West water should be scoured beneath Chatterys ferry to Key 's Corner so to Chatterys Town thence to Dodyngton park thence to Wymblyngton hoke and March stream thence by Elme leame unto Elme Town and so to Wisbeche great River 12. Also that Ea brinke in Elme from Fryday bridge unto the Town Dam be made as high and feâ—sible as other Banks adjoyning by the Landholders of Redmore And that Mayde lode and Shiplode extending from Welney water unto the main River of Ouse And likewise London lode lying on the other side of the Londoners grounds and falling from the said water of Welney unto Wel Creeke c. be scoured c. 13. So also Darsey Ea extending from Welney River towards Stony ditch belonging to the Mannor of Dodington and the said Sewer extending thence to Maney Ea so to Coxe lode and Dalling's ditch and thence to Dodington leame 14. And that all other Common Drayns Lodes c. within the tract of the said River of Ouse be opened clensed c. 15. And it was farther decreed that the Bank of South lake end presented to be cut by the Inhabitants of Crouland to let the water of Weland run into Borough great fen to the prejudice of the Commoners and hindrance of the outfall at Spalding by diverting the water out of it's antient course should be well and sufficiently repaired and made by the Commoners in the said Fen before the twentifift of March then next following After this viz. about the beginning of March following there was a Petition exhibited to the Lords of the Council by divers of the Commissioners of Sewers for these Counties whereof part do lye within the Precincts of this great Levell Shewing what pains they had taken for two years past in order to the general Drayning and made several Laws But that Letters were come down from their Lordships bearing date 20 Ian. for respiting the execution of those Laws so far as related to the County of Cambr. or Isle of Ely except such as concerned the outfalls of Nene and Weland untill farther directions from their Lordships So that by reason of this stop those parts especially in the County of Cambr. Hunt and South parts of the Isle of Ely were like to be utterly lost And that this great discouragement to the said Commissioners occasioned their Petition that they might be left to their former liberty Whereupon the said Lords sitting in Council at White Hall on the ix of March ensuing ordered that their said Letter of 20 Ian. should be returned back to that Board and that all Laws Orders made by the said Commissioners should be in force As also that such of the Commissioners as do find themselves grieved should give notice thereof to the Session of Sewers and agree upon a day when both parties might attend the Council Table to be equally and fully heard forasmuch as by the procurement of some few of them the said Letters had been sent which tended so far to the distracting of their proceedings Which Letters of the said Lords occasioned this Answer from the said greatest part of the said Commissioners viz. that those xi Commissioners who had formerly distracted their proccâ—edings by procuring the Councils Order for respiting the execution of the Laws of Sewers that had been made c. had again granted out Warrants which tended to a farther distraction of their proceedings and therefore they humbly desired that the duplicate of the Commission then lately procured for Cambridgshire might be called in Not long after this there was a Letter sent from the said Lords to the before-specified Commissioners importing that by the result of that Board an Order was made for a Sluse to be erected at the outfall of Wisbech river and after that so done the River to be ditched And that since that time without the consent of any of the Commissioners within the Hundred of Wisbeche a Law was made for the ditching of the said River that at the particular charge of the same Hundred from Wisbeche bridge unto the Sea but no Law for the Sluse And moreover that the said River when it was last ditched was enlarged from xl foot to Lx foot wide at the charge of the high lands and low Countries and that this Law hath now imposed upon the said Hundred of Wisbeche the ditching thereof to its antient bredth making no mention of the said added xx foot All which considered the said Lords did think fit to vary from some points of those Laws and farther ordered that there should be a Sluse made at the Horshooe beneath Wisbeche at the general-charge of all that drayn that way And that from the Horshoo to the four Gotes and as far further as the Commissioners should think fit the work to be done at the general charge and not by the Hundred of Wisbeche only in regard it is a new work and very beneficial to many Countries As also that the River from the Horshoo to Guyhirne Crosse be made Lx foot wide as it was the last time it was ditched and at the general charge and all Laws crossing these Orders to be made void and that the Order for making the outfalls perfect be generally observed VVhereupon at a general Session of Sewers held at Wisbeche 30 Maii then next following in submission to the Order of the said Lords it was decreed That a strong and sufficient Sluse of Stone and Brick should be set up at the Horshoo beneath Wisbeche at the general charge of all such who were to drayn by the same And that forasmuch as by reason of an unexpected downfall of rain and overflow of waters divers of the works of Sewers decreed at Huntingdon 24 Feb. 1617. had been so hindred as that they could not so soon be undertaken much lesse perfected within the time limited by the said Law it was decreed that all parts thereof should be repealed except what concerned Sutton lode
these Letters of the King and Council to be published in their Churches c. And upon the xv of October following in a Session of Sewers at Huntingdon the â—aid Commissioners reciting their proceedings at several Sessions of Sewers held before that time in pursuance of the Kings direction and for the better expediting of the work decreed that for and towards the opening of the antient out-falls of Nene and Welland and all other necessary works for drayning of the said grounds c. every Acre of the said drowned grounds in those Counties of Northt Hunt Linc. and Norff. should be taxed at xxs. the Acre to be paid by the owners thereof before the 7. of Dec. then next coming unto Thomas Bishop of Peterborough Sir Francis Fane Sir Rob. Bevill c. and others by this Decree named to remain in their hands to be ratably paid over to the said Undertakers their heirs and assignes after their work of Drayning should be done whole or in part And that for want of payment thereof at the dayes and times appointed the said Commissioners should in a full Session of Sewers to be held the 21. day of Dec. following at Peterborough allow and set forth such portion of the said surrounded grounds for which the summs aforesaid were not paid unto the same Undertakers their heirs and assignes in recompence of the said drayning as should seem just c. unto them which should be enjoyed c. accordingly And that after the said work of drayning should be perfected and adjudged sufficiently done by the said Commissioners at a general Session for that purpose a competent proportion of land to be reassured by the said Undertakers and their heirs or assigns for the perpetual maintaining of the said works And lastly that Copies of this Order should be published by the Sheriffs in the several Counties c. where the said draining was But notwithstanding all this the work did not go on so effectually as the King desired which occasioned a Letter from the Lords of the Council to the said Commissioners of Sewers bearing date the 5. of December ensuing whereby taking notice of the many attendances upon them by the Undertakers in several Sessions of Sewers and yet that little progreâ—s had been made therein they desired them again to affoard their effectual assistance for removing of such difficulties as might hinder an undertaking of so great an hope nothing now resting but the putting of their own Orders in Execution for advancement of the same Whereupon the Commissioners siâ—ting at Spalding upon the xvith day of the same Month of December reciting the Decree made at Huntendon in the Session of Sewers held there upon the xv and xvi of October preceding and taking notice that no money of the said Tax of xxs. the Acre had been paid as was then ordered did judge and decree that from and after the said worthy work of Drayning the said Fens and surrounded grounds in general before-mentioned or those particulars hereafter mentioned or any of them respectively in that County of Lincolne should by Gods help be well and truly accomplished by the said Undertakers their heirs or assigns at their own proper chardges and expences and so adjudged and approved by six or more Commissioners of Sewers commorant and residing within the part of Holland for those works that should be done in those parts of Holland and six or more Commissioners of Sewers commorant and residing within the parts of Kesteven for those which should be done in the said parts of Kesteven then and from thenceforth they the said Sir William Ayloffe and Sir Anthony Thomas being the Undertakers before-mentioned thâ—ir heirs and assigns should have hold and enjoy the parts and portions of the Fens and grouâ—ds usually and hurtfully surrounded and by them undertaken to be drayned respectively as followeth viz. whereas the Earl of Exeter then had a third part of the Fens called Deping Spalding and Pinchbeck South Fenns and of Goggisland belonging to Crowland by contract heretofore made with Captain Thomas Lovell for the Drayning of the said Fens which notwithstanding being not performed the same Fens then remained drowned that therefore the said several Fens called Spalding and Pinchbeck South fen and Deping fen and Goggisland together with that part of the said Fens and grounds in the occupation and tenure of the said Earl or his Tenants should be all entirely and wholy survayed and measured by two several Surveyors whereof one to be named by the said Sir William Ayloff and Sir Anthony Thomas the said Undertakers their heirs or asâ—igns and the other by some six Commissioners of Sewers of Holland and Kesteven and the whole content and number of Acres to be exactly taken and cast up and thereof the said Sir William and Sir Anthony their heirs or assigns to have so much of the said Fens then lying open and in Common as together with the said several grounds in the tenure and occupation of the said Earl should amount unto and extend to a moity or half part of the whole content of all together to be proportionably taken out of the said several Fens viz. one part out of Spalding and Pinchbeck South fen another part out of Deping fen and a third part out of Goggisland according to the number of Acres then in them lying in Common to be set out by the said six or more Commissioners of Sewers in either of the said parts of Holland and Kesteven within their said several parts respectively And of the whole content of the Marish and drowned grounds called Bellesmore lying in Spalding and Wesson in the said County being the grounds of Sir Francis Iones Knight two third parts And of the whole content of the Marish grounds called Turpitts lying in Weston aforesaid being the grounds of William Coulson of the same Yeoman two third parts And of the whole content of the Marish ground called the East fen lying in Moulton being the grounds of Sir Iohn Payton Knight and others one fourth part And of Whaplode and Holbeche Common Marish or Fen grounds one half part And of Sutton Fen lying on the South side of South Ea two third parts And it was farther ordered and decreed that till the said Fens and grounds should be adjudged drayned and approved to be drayned as aforesaid the two Rivers of Glene and Weland and the Banks environing the said South Fen should be kept and maintained for the safety of the Country at the charges and costs of the said Earl of Exeter or his assigns according to the contract made with the said Thomas Lovell That this Decree also had little effect I am much inclined to believe For upon the last of February following the said Lords of the Council wrote again to those Commissioners requiring them to attend the King in person at his Council Board in the third week of Lent ensuing there to cleer such doubts as his Malesty should desire to be satisfied
opinions all concluding it fesible but differing much in the way to accomplish the same To give instance of the various conceipts of such whom his said Majesty imployed to inform him therein it will be needless howbeit of those that exhibited by the said Sir Cornelius Vermuden a person of greater experience in Drayning than most others were was not the least considerable and therefore it being published in Print I shall refer my Reader thereto But such speed there was made in the farther prosecution of this great and noble adventure that at a general Session of Sewers held at Huntendon on the xviijth day of Iuly then next ensuing the said King himself was declared the Undertaker and to have not only those ninety five thousand Acres which had been formerly set out for the said Earl but also fifty seven thousand Acres more from the Country his design being as by the Decree then made at Huntendon appeareth to make the said Fens as well Winter-grounds as Summer-grounds as hath before been expressed viz. out of Deping Pinchbeck Spalding South fen and Croyland fen alias Gogsland fen twelve thousand Acres And out of the rest of the lands out of which the ninety five thousand Acres had been formerly assigned to and for the said Earl of Bedford and his participants First the number of twelve thousand Acres parcell of the said ninety five thousand which twelve thousand were then in the possession of his said Majesty his Fermours or under-tenants And the quantity of one hundred and fourty thousand Acres more whereof eighty three thousand residue of the said ninety five thousand to be taken in part and fifty seaven thousand in full of the said hundred and fourty thousand Acres to be indifferently taken and set out of the residue of the said Fens where or out of which the said ninety five thousand Acres were so decreed or assigned to the said Earl of Bedford viz. out of such of the said Fens as do lye on the North-West side of the said new River called Bedford River 29 thousand Acres in part of the said 57 thousand Acres And out of those on the South-East side of the said new River 28 thousand Acres in full for the said 57 thousand Acres And for the drayning of the said Common and several low grounds lying in Holand Com. Linc. within the River Weland Porson banke the South Ea banke the Shire drayne and the several high Marshes and grounds of the Towns or Parishes of Tyd S. Maries Sutton Lutton Gedney Flete Holbeche Quaplode Moulton Weston and Spalding 19 thousand eight hundred 33 Acres And for drayning the Common and several Fen-grounds lying between the South Ea banke Wisbeche River the old Sea-bank and the Shire drayne in Wisbeche Leverington Newton S. Giles Tyd S. Maries and Porson drove the quantity of 4000. Acres And for Drayning the Common Fen-grounds of the Towns of Marshland called Marshland fen containing by estimation 4000 Acres the quantity of two third parts divided into three And for drayning the Marsh lands lying open to the Sea in or neer Walton Walsoken and Walpole in com Norff. between the old Sea bank of Marshland and the old course of Wisbeche River containing by estimation 3000 Acres and of the Marsh lands and Marsh grounds lying in or neer Wisbeche Leverington Neuton and Tid S. Giles in com Cantab. and the course of Wisbeche River and the Shire Drayne there together with one piece thereof lately imbanked next the said Shire Drayne containing by estimation 1000 Acres and of the Marshes c. lying in or neer Tid S. Maries Sutton in Holand Lutton Gedney Flete Holbeche Quaplode Moulton and Weston in com Linc. between the Marsh-grounds there formerly imbanked and the Sea extending along the Sea coast there containing by estimation 5000 Acres the quantity of two full third parts And for Drayning of Stretham meere and the Meer-grounds thereof containing by estimation 300 Acres the one half thereof or of so much thereof as shall be drayned And for the drayning of the rest of the Meers Meer-grounds Lakes and Pools the quantity of 3 fourth parts of them or so much of them as shall be drayned divided equally into four parts And that though the said Earl of Bedford had not performed his undertaking he should in recompence of his great charge in those Rivers Cuts and Drayns by him and his Participants made have 40 thousand Acres to be assigned him out of the before-mentioned 83 thousand Acres residue of the said proportion of 95 thousand Acres assigned to the said Earl as aforesaid About three dayes following for it was upon the xxith of the same Month of Iuly the said Commissioners still fitting at Huntendon dispatcht away Letters of that date to the Lords of the Council concerning their transactions then in hand the tenor whereof were as followeth Touching the Great Levell we have received many and several complaints from divers Townships therein that their lands are taken from them and they have received no benefit by the Drayning upon hearring whereof and of the proofes by them made and declaration of divers Commissioners in Court we find many of them true and according to his Majesties Instructions to some of us his Commissioners we have made an Order to permit them to take the profits of their lands and Common of pasture untill the Drayning be adjudged so as they shall not pull down or deface any Mounds Fences or Drayning without due proof made and a special Order of the Court in that behalf wherein the Country have received and expressed a great deal of contentment and satisfaction We have also two several dayes heard Mr. Holborne and Mr. St. John being of Councel with the Earl of Bedford and his participants in the great Level and they have taken divers exceptions and argued at large against the Laws of Tax and proceedings upon this Commission and their main Objections tended to destroy not only these Taxes Decrees and proceedings of this kind And the same reasons if admitted would plainly overthrow all the Presentments Taxes Decrees and Proceedings for the Earl of Bedford and his participants We are now taking into consideration the force and weight of what hath been alleged and shall therein give a just and speedy resolution and with all care and diligence proceed to the further execution of this Commission and setling of this great work I have not seen any direct Answer made by the said Lords unto this Letter but on the xxiijth of the same Month there was a Letter dated at Theobalds the Court being then there from William Lord Bishop of London and sent to the said Commissioners in answer to a Letter of theirs to him dated the xxith the tenor whereof for so much as relates to this great Level I have here likewise inserted And because his Majesty intends to see this great work of the Level prosecuted according to his first Princely design being for the Countries good and his
on the old Drayn called Symon gote towards the South and upon Thorpe-Dales towards the North and certain severals of divers Lords and Owners belonging to Wrangle lying between the said old Drayn called Symon gote on the East and Leake severals on the VVest and abutting upon Lade bank towards the North and upon the old Fendike bank towards the South were surrounded grounds most part of the year And moreover that the several grounds and Commons of divers Lords and Owners belonging to Leake lying betwixt the East fen on the North and the out-weare Bank on the South and abutting upon Wrangle severals towards the East and upon Sibsey wearbank and Stikney Wydalls towards the VVest and the severals of divers Lords and Owners of grounds belonging to Stickney Wydalls lying betwixt the East fen of the East and North and abutting upon Ualentine dyke towards the VVest and upon a Drayn leading to Nordyke brigge towards the South were surrounded grounds in the winter time And lastly that the severals of certain Lords and Owners of grounds belonging to Toyntons next Spillesby called the Demesns lying between the East fen on the South and a certain Meadow called the East fen on the North and abutting upon a Drayn called Toynton beck towards the East and upon Hare hills towards the VVest were surrounded grounds also for the winter season And that it was therefore decreed that for towards the natural outfall of Wainflet Haven Black gote Symons gote Mandfoster gote New gote and Amton gote and all or part of the same as also any other antient Drayns as the Undertakers should think or find most necessary to be used should be enlarged and made deeper as need should require with all other necessary works for drayning of the said grounds within the extent of the several recited Commissions of Sewers bearing date as above is expressed And that every Acre of Land and Common mentioned in the said Verdict and exprest upon the said view within the extent of the said Commissions to be overflown with fresh waters which might receive benefit by the said Drayning should be taxed and charged with the sum of xs. the Acre to be paid at or before the xiiij day of May then next coming unto William Locton and Gervase Scroope Esquires or to any one of them The said Tax being set upon the said lands and Commons to the end that if it should not be paid the Commissioners of Sewers might be legally authorised to make bargain for land with Sir Anthony Thomas Knight and the rest of the Undertakers And the said Tax to remain in the hands under the Locks and Keys of two of the said parties named and two of the same Undertakers the sum being first certainly known to the said Undertakers by authority of the Court to be ratably paid over to the said Sir Anthony Thomas and the rest of the Undertakers to be nominated by him their Heirs and Assigns after the said Drayning should be done wholly or in part proportionable And in default of such payment of the sums of xs. so assessed upon every Acre as abovesaid the said Court at a general Session of Sewers of six Commissioners whereof three to be of the Quorum should set forth decree and establish such proportion and portions of the said ground for which the sums aforesaid were not paid unto the Undertakers their Heirs and Assigns in recompence of the said Drayning And it was also farther ordered by authority of that Court that process should be awarded per Curiam to the Shireeve of the County of Lincolne or his Deputy requiring them to give Summons and knowledge by way of Proclamation in all the Market Towns and fitting places for those parts and within the extent of the said Commissions that all Lords Owners Commoners and parties interessed in any of the grounds aforesaid might take and have notice thereof and that they should not fail to make return of the said Process at the several Sessions of Sewers to be holden for those parts at Boston aforesaid the xvth of May then next upon xll. penalty VVhich said Decree the said Robert Earl of Lindsey and other the Commissioners of Sewers before-specified did ratifie and confirm And forasmuch as it appeared to them that no part of the Tax so assessed as aforesaid was paid in unto the said Gervase Scroope and William Locton they proceeded in the execution of the said former Decree according to the true intent and meaning thereof and according to his Majesties directions formerly signified by his royal Letters And therefore being credibly informed that for the effecting of the said works of Drayning of those surrounded grounds one great and navigable stream and River ought to be cast from out of the said East fenn and grounds and so leading from thence by the space of three miles or thereabouts unto the Haven of Boston aforesaid and that one or more very large Gotes of stone and timber and other materials requisite for the effecting of so great a work ought of necessity to be built at the Haven side and that many other petty sewers gutters and streams should also be cast to have their courses to the said main River and many Bridges built over the said streams and other matters done c. at the only costs c. of Sir Anthony Thomas Knight Iohn Worsop Esquire Henry Briggs Master of Arts and Hildebrand Pruson whom the said Court did order to perform all those things within the space of four years from the Feast of St. Michael the Arch Angel then next coming which said Sir Anthony Iohn c. were thereupon appointed Undertakers of the said works accordingly it being also decreed that in consideration of such their performance they their heirs and assigns should have the one half of the said East fenn as also a third part in three parts to be divided of all the said severals which ly in or adjoyning to and upon the said East fenn and moreover that he the said Sir Anthony and the rest of his fellow undertakers for the considerations aforesaid should have a full fourth part in four parts to be divided of all the said surrounded grounds lying in the West fenne and in the said severals thereto adjoyning butted and bounded as aforesaid to have and enjoy in several after the said Drayning should be sufficiently compleated All which parts to be set forth by six or more of the Commissioners of Sewers presently after the said Drayning should be finished as aforesaid in the most fit and convenient places of the said grounds whereby the Owners and Commoners of the other parts might hold and enjoy their several and respective interests with the least prejudice and to and for their best advantage And the said Commissioners did also decree that from and after the perfecting of this work of Drayning the said Lands so assigned to the before-specified Sir Anthony Thomas and the rest of the Undertakers and their heirs should be
was made the first Bishop here At that time for ought I can find there was not any other access into this Isle than by Ships or Boats this Bishop therefore being desiroâ—s to have a Causey through the Fenn as it should seem but doubting whether the Monks would think the work fesible at all or if so with any indifferent chardge so contrived the business that it was set upon without any fear of either and became accomplished accordingly The story may perhaps to some seem fabulous but take it from the Authority of the Leiger book of that Monastery There appeared in a vision unto a certain Countrey-man who dwelt at Exning in Suffolk S. Edmund the King and Martyr in honour of whole memory that famous Abby of S. Edmundsbury had been long before founded and awakening the man said thus to him Good man listen well unto what I shall say unto thee and what I appoint thee to do fail not with effect to accomplish Arise and go presently to the Bishop of Ely and tell him in my name that he must make a way whereby I may visit S. Audrey Who accordingly made haste to the Bishop and acquainted him with this his Vision and command the good Bishop therefore weeping for joy delayed not to make enquiry how this business might be done and finding that no man durst for what chardge soever undertake to accomplish it there stept out a certain Monk of that Abby called Iohn a soft man to all outward appearance who told the Bishop that he would by God's help perform the work Whereupon setting in hand therewith he began to measure the distance from Soham to Ely and to cut down the Reedes which stood in his way as also to make Bridges over the Rivers and so went on in raising of the said Causey which he perfected in a very short time to the wonder of all men that then saw it that Causey being still called Soham Causey Which place viz. Soham is also famous for two other things first for the great Meer that heretofore made the passage by Ships and Boats very dangerous to those who came into the Isle that way before the said Causey was made and next for that the body of Faelix Bishop of the East-Angles was translated from Domuc hither Which Bishop dyed almost a thousand years since To Hervaeus succeeded Nigel in that Bishoprick of whom I may not omit to observe that he discerning this Isle to be a place of such great security through the advantage of the Fen wherewith it is encompassed that joyning with Baldwine de Rivers in the Rebellion against King Stephan he made a strong Fort of lime and stone within the precinct thereof but that Fort being by the power of S. Audrey as mine Author saith often destroyed he built one of timber neer to his Engines of war and walled in the round hill called the Keep which was committed to his custody by Geffrey de Magnavill Earl of Essex and Richard de Clare Earl of Hertford whereof knowledge being given to certain great men of that Country they made a confederacy with him But the King having intelligence thereof sent his Army to assault it yet prevailed little therein till he himself came with his Ships and then having prepared a multitude of Hurdles made with them a passage for his Horse which when they within discerned they threw down their Armes and ran away but the Bishop escaped and got to Maud the Empress And as for the reasons before expressed this Isle hath been in those former times of trouble esteemed a place of such great security so was it afterwards upon the like occasion for after the death of Eustace Bishop of Ely which hapned about the latter end of King Iohn's time the Monks having elected one Robert a Yorkeshire man who not only took the profits of the Bishoprick for five years without any consecration but adhered unto Lewes Son to the King of France at that time in this Realm and the King's Enemy as our Historians do at large set forth King Henry the third fearing left he should receive the said Lewes into this Isle made a very great complaint thereof to the Pope whereby representing that danger he calls it optima munitio Regni the best Fort in all his Kingdome and therefore humbly besought the Pope that he would provide a better Pastor for this Church which he accordingly did Nor had it less account as it seems in 49o. of that King's reign for after the battail of Evesham wherein the Army of the rebellious Barons was vanquisht divers of those that fled betook themselves to this place amongst which Iohn de Eyvile and Robert de Wileby were the chief commanders Against whom I find that the King about two yeares after preparing an Army appointed his faithful subject Will. Charls to bring Barges and Souldiers from the Sea coasts of Norff. and Suffolk for the assaulting thereof this being the time that the King himself with some forces came privately to Ramsey neer which place he slew and took Prisoners divers of those his Rebels who had issued out of the said Isle and plundered the parts thereabouts But notwithstanding this they were not yet subdued for the next year after it appears that Henry de Hastings was the principal Officer and Governour of this Isle on the behalf of those Rebels And now having by these sundry remarkable instances shewed how vast and deep a Fenn this great Level antiently was my next endeavour shall be to declare what I have observed to have been done in order to the drayning and improvement thereof or any part of the same beginning where I left viz. on the Northside of it CAP. XLII ON the Southern part of this Province lyeth Deping fenn which is now at least ten miles in bredth Whereof the most antient mention that I have met is about the beginning of King Edward the Confessor's reign Egelric who had been a Monk of Peterborough but at that time Bishop of Durham then making a firm Causey of Wood gravel over it from Deping to Spalding for the advantage of passengers opus sumptuosum valdè primâ—que necessarium quod usque nunc semper in futurum quamdiu duraverit de factore Egelrico cognomen habet id est Elriche rode sayth Ingulphus A most costly work but of extraordinary necessity which now doth and as long as it shall last will bear his name At that time part of this Province was a Forest as well as a Fen and possest by Leofrike Earl of Mercia for he was then Lord of Brune and the Marshes adjoyning From which Leofrike it came to Hereward his younger Son of whom I have made ample mention in my discourse touching the Isle of Ely and by his Daughter and heir Turfrida unto Hugh de Evermiâ—e â— then Lord of Deping So also by the sole daughter and
heir of the said Hugh unto Richard de Rulos Chamberlain to King William the Conquerour And by his daughter and heir to Baldwin fitz Gilbert Which Baldwin leaving also issue one only daughter and heir wâ—dded to Hugh Wake the said Hugh became in her right Lord and owner of those places scil Bourne and Deping and was also principal Forester to the King H. 3. for his whole Forest of Kesteven Of what extent the Forest whereof I have already made mention to have been in these parts of this Province and possest by Leofrike Earl of Mercia was I am not able to say but it appears that King Henry the first for the pleasure of Hunting doing much hurt to the Common Wealth by enlarging of Forests as his Brother King William Rufus had done did afforest thâ—se Fenns between Keâ—teven and Holand viz. from the Bridge of East Deping now Market Deping to the Church of Swaiston on the one side from the bridge of Bicker and Wragmere stake on the otherside which metâ—s dividâ—d the North pâ—rts and the river of Weland the South excepting the Fen of Goggisland in regard it was a Sanctuary of holy Church as belonging to the Abby of Crouâ—and which Fen the Monkâ— of that House having licence from the said King did cloze for their own use making the Ditches about it bigger than ordinary for the avoyding of discord And being thus made Forest it continued so untill King Henry the third's time who in the xiiiith year of his reign granted unto all the Inhabitants within the same that it should thenceforth be deaâ—forested by thâ—se subsequent bounds viz. in length on the one side from Swaftone to East Deping as Kares â—ike extends it self betwixt Swantone and East Deping And in length on the other side towards Holand from the bridge at Bikere to the great bridge at Spalding And in bredth on the one part from that great bridge at Spalding to East Deping as the river of Weland goeth betwixt Spalding and East Deping And on the other side from the land of Swaftune unto the bridge at Bikere So that all the Lands Marshes and Turbaries within those precinctsâ— were thenceforth to be quit of waste and regard In the 18 of King Edw. the first 's reign Henry then Abbot of Croyland and his Monks were impleaded by Thomas Wake of Lidell then Lord of Deping by descent as aforesaid for fishing at Est Deping in the free fishing of the said Thomas and for throwing down a certain bank in his Fen there which the said Thomas had made for the safeguard of the said Fen from being overflowen by the fresh waters But to this the said Abbot and his Monks made answer that being possest of the Mannour and Town of Crouland within which there is a certain River called Weland running time out of mind from the boundary called Kemisf stone in the West unto the site of the Abby within the said Town and so from the said Abby to Brother house towards the North he the said Abboâ— and all his predecessors Abbots of that place were always and till that time seized thereof and of the free fishing therein as Lords of that Mannour and Town And farther said that the place where this trespass was assigned to be was within those limits and precinct of that their Mannour acknowledging that he diâ— fish there as the said Thomas had alleged And as to the said Ditch he saidâ— that within the precinct also of the Mannour of Crouland there was a certain Fen callâ—d Goukeslaund which then was his proper soil and so had been of his predecessors time beyond memory as paâ—cel of the beforespecified Mannour And moreover that the course of the fresh waters flowing from the West in the said Fenn did then run as always they had used to do from the same Fen into the said River of Weland and so to the Sea And he likewise alleged that because the said Thomas had raised a bank upon the land of him the said Abbot within his Mannoâ— of Croyland in a certain place where none had ever been before by which bank the course of those fresh waters being stopt the said Fen called Goukesland and other Fens adjoyning thereto were overflown and the Abby and Town of Crouland in danger to be thereby drowned he the said Abbot perceiving that the abovespecified bank was so raised to the end that the said Aâ—by and Town might be drowned did cause several parts thereof to be thrown down But notwithstanding this answer the Abbot was by the Jurors found guilty both of the trespass in fishing as abovesaid and breaking that bank to the damage of the said Thomas Wake no less than CCCC marks In 9 E. 2. Edmund Deincourt Lambert de Trikyngham Roger de Cuppledyk and Robert de Malberthorp were constituted Commissioners to view and repair the Banks Sewers and Ditches within this Province by which the fresh waters in the Marshes betwixt this part of the Country and Holand had used to pass unto the Sea And in the same year the said Edmund d' Eyncourt Nich. de Widmerpole and Richard de Whattone were appointed to enquire touching the Rivers of Smyte Dyvâ—ne Wycheme Middelwynene and Fulbâ—k choakt up for want of scouring by reason whereof the Inhabitants in those parts did then suffer much damage In 16 E. 3. Gilbert de Umframvill Earl of Anegos exhibited a Petition to the King whereby he represented that whereas there was a certain water called the Ee of Kyme betwixt Doc dyke on the East part and Brentfen on the South within this province which did run through the lands of the said Earl for the space of six miles in length but was so obstructed and stopt by reason of mud and other filth that Ships laden with Wine Wool and other Merchandize could neither pass through the same in Summer nor Winter as they had used to do except it were scoured and clensed and the banks so raised that the tops of them might appear to Mariners passing that way whensoever the Marshes there should be overflowed And that as the said Earl had for the common benefit of those parts bestowed no small costs towards the repair of the said place called the Ee and heightning of those banks so he intended to be at much more in case the said King would please to grant unto him and his heirs for ever certain Customs of the Merchandize passing in Ships through the same to have and receive in form abovesaid viz. for every Sack of Wool carried through that Chanel four pence for every Pocket of VVool two pence For every Tun of VVine four pence for every Pipe of VVine two pence For every four quarters of Corn a peny for every thousand of Turfes a peny For every Ship laden with Catel four pence and for every ship laden with other commodities than aforesaid two pence VVhereupon the said King directed his